Terms and Conditions of Use
Intellectual Property Rights
Content (including, but not limited to any price information, data, photographs, graphics, illustrations, designs, trademarks, trade names, service marks, product names, logos, insignias or other devices, software programmes, downloadable files, software applications, interactive features, tools, services or other information or content made available on or available through the Site) is provided by BreadTalk and its content providers. The intellectual property rights to or over the contents contained in each Site belongs to BreadTalk and its content providers. All rights are reserved. The contents of the Site cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording with the prior written permission of BreadTalk. Without prejudice to the foregoing, you agree that the material and content contained within or available through the Site may not be used for commercial purposes or distributed commercially. The presentation and layout of the Site is also protected by copyright, trademarks, service marks, international treaties and other proprietary rights and laws of Singapore and other countries.
The terms ‘BreadTalk Group Private Limited’, ‘Food Junction’ and related logos are trademarks, trade names and service marks owned by BreadTalk. All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by BreadTalk are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.
Your access to or use of the Site should not be construed as granting by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Site without BreadTalk’s prior written consent. You may not, without BreadTalk’s prior written consent, copy, store (either in hardcopy or in an electronic retrieval system), adapt, alter, transmit, disseminate, distribute, perform, broadcast, public, reproduce, publicly display, sell, licence, rent, lease, transfer to any other person (whether for direct commercial purpose or monetary gain or otherwise) or use any of such trademarks, tradenames, logos or service marks as a hyperlink to the Site or any other website or otherwise use any of the trademarks, tradenames, logos or service marks in whole or in party in any manner.
You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Site or create derivative works based on the Site. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the Site’s underlying technology.
During your use of the Site, we may issue to and request from your computer blocks of data known as “cookies” to enable more convenient browsing when you revisit the Site. A cookie is a type of data which is sent from the Site to your Internet browser software, and is stored on your computer. The cookies track information such as users’ profiles, the number of users, their frequency of use and their preferred websites.
Access and Related User Conduct
You acknowledge and agree that, as a condition of your access and use of the Websites, you will not use the Materials or the Websites for any purpose that is unlawful or prohibited by these Terms. You agree not to cause, nor knowingly allow others to cause any nuisance, annoyance or inconvenience, whether to BreadTalk or any of its customers or users of the Site by any means.
You agree to use the Site in a manner consistent with all applicable laws and regulations. Specifically, you will not use the Site to post, transmit, distribute, link to, or solicit content that:
Contains any advertising and promotional message;
- Violates or infringes any laws, regulatory requirements or codes applicable in Singapore;
- Infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
- Contains any obscene, offensive, defamatory or otherwise actionable material;
- Undermines the security or integrity of the Site, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
- Contains any errors, whether technical or otherwise; or
- Contains any material in any form that would otherwise render BreadTalk liable or expose BreadTalk to any proceedings whatsoever
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or to impose an unreasonable or disproportionality large load on the servers serving the Site.
Limited linking and framing of the Websites
You agree that caching, hyperlinking to, and framing of the Site or any of the contents are strictly prohibited.
BreadTalk reserves all rights to disable any links to, or frame of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
BreadTalk holds no responsibility for the content available on any website which links, mirrors or frames the Websites or any part thereof. In no circumstances will BreadTalk be considered to be associated or affiliated in whatever manner with any trademarks, trade names, service marks, logos, insignia or other devices used or appearing on websites that links, mirrors or frames the Websites or any part thereof.
Hyperlinks to Third Party Websites
This Site may contain hyperlinks to other websites which are neither maintained nor controlled by BreadTalk, or may contain content posted on or via the Site by third parties. Therefore BreadTalk shall not be responsible for any errors or omissions in any content in the Site, or the content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked web site, nor for the privacy and security practices employed by these other website, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Site, or arising from access to those websites. Use of the Site and any hyperlinks and access to such hyperlinked websites are entirely at your own risk.
You acknowledge that BreadTalk has no control over and excludes all liability for any material on the Internet which can be accessed by using the Site. Neither can we be deemed to have endorsed the content.
You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
Third Party Advertising
BreadTalk may allow third party advertisers to place advertisements on the Websites or any part thereof. Such advertisements will be clearly identified as originating from third parties. BreadTalk does not endorse and will not be responsible for the contents of such advertisements or for access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements.
Identification Key and Password
Certain web pages and/or sections of the Websites may only be used or accessed through an identification key and password.
Identification key and/or password may either be assigned to you or selected by you. Where they have been selected or changed by you, BreadTalk has the discretion to reject any selection or change without assigning any reason. BreadTalk recommends that you change your passwords often, use a combination of letters and numbers, and ensure that you use a secure browser.
You shall not disclose to any person your identification key and password and shall not permit or authorise any person to use your login name or password for any purpose whatsoever.
BreadTalk may treat any access to or use of the Site at any time by the use of your login name and password as access to or use of the Site by you, notwithstanding that it may have been used by any other person without your knowledge or authority.
If you believe that the security or confidentiality of your identification key or password has been compromised, you have the responsibility to change your identification key or password. You will be liable for any unauthorised use or access of such web pages and/or sections of the Websites. BreadTalk is not liable for any damages resulting from any security breaches, unauthorised and/or fraudulent use or access of such web pages and/or sections of the Websites with your identification key and/or password.
Disclaimer of Warranties and Exclusion of Liability
You expressly understand and agree that you assume total responsibility and risk for your use of the Site and the Internet. BreadTalk does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, but not limited to guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timelines, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose, or any representations or warranties arising from usage, custom or trade or by operation of law on any information or service provided through the Site or on the Internet generally, and BreadTalk shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Site and Websites made available on the Site are provided on an “as is, as available” basis.
BreadTalk makes no warranty that (i) the Site will meet your requirements or will always be accessible, (ii) the Site will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, and (v) any errors in the Site will be corrected.
Any content downloaded, uploaded or otherwise obtained through the use of the Site is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.
BreadTalk does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Site or other contents accessible from the Site. In no event shall BreadTalk be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Site, delays, inaccuracies or errors in the information or in the transmission of the Site, or any information or transactions provided on or over the Site or downloaded or hyperlinked from the Site, or performance of the contents on this Site, even if BreadTalk has been advised of the possibility of such damages.
If you are dissatisfied with any portion of the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Site.
You should not take any action, or omit to take any action, in reliance on the Websites without independent verification or advice.
You agree to indemnify, defend and hold harmless BreadTalk, its directors, officers, employees, suppliers, licensors, agents, and any third party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of the Site, your access or connection to the Site, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with BreadTalk or your use of the Site. BreadTalk reserves the right to assume the defence and control of any matter subject to indemnification by you, in which event you will cooperate with BreadTalk in asserting any available defences.
BreadTalk may collect certain personal information including, but not limited to, (a) identification data (for example your name, e-mail address, mailing address, contact number, birth date, age, occupation, educational level, income level, gender, industry of work); (b) information about your usage of and interaction with the Websites (for example computer and connection information, device capability, bandwidth, statistics on page views, frequency of use and traffic to and from the Websites); (c) electronic identification data (for example internet protocol address and cookies); and (d) your user profile (for example identification key and password) ((a) to (d) collectively, “Personal Information”) via the Websites. The provision of such Personal Information by you is not mandatory, but may be required in order to use or access certain web pages and/or sections of BreadTalk’s Website or BreadTalk’s services, or to purchase BreadTalk’s products or services.
BreadTalk is committed to protecting your privacy. BreadTalk does not disclose specific information about BreadTalk’s users to any third parties unless required by law or any government agencies, to comply with legal process, where necessary to enforce these Terms, to respond to claims from third parties, to protect the safety, interests, rights or property of BreadTalk or others or as permitted under these Terms.
You agree that BreadTalk may disclose your Personal Information to third parties under any of the following circumstances:
- BreadTalk has your consent to disclose the Personal Information;
- BreadTalk discloses your Personal Information in accordance with these Conditions;
- BreadTalk needs to disclose your Personal Information to provide the services that you have requested; and
- BreadTalk needs to disclose the Personal Information to third parties who on behalf of us provide services to you (BreadTalk will only provide such third parties the relevant information required for the provision of the services, and the third parties are prohibited from using such Personal Information for any other purpose).
BreadTalk may sell or buy subsidiaries or business units. In such transactions as well as in the event that all or substantially all of BreadTalk’s assets are acquired by a third party, your Personal Information will generally be one of the transferred business assets. BreadTalk reserves the right to include your Personal Information, collected as an asset, in any such transfer to a third party.
In the event that you participate in promotional programmes on the Websites sponsored or organised by third parties, or purchase goods and services offered by third parties, or offer goods and services to third parties on the Websites, your information may be disclosed to and used by such third parties. From time to time, BreadTalk receives Personal Information from business partners and third parties. BreadTalk only uses such information if it has been collected in accordance with acceptable privacy practices consistent with these Conditions and applicable laws. BreadTalk is not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with these Conditions.
Information that BreadTalk collects may be stored or processed in any country and may be transferred between countries. Some of these countries may have data protection laws that are less stringent that those in the country in which you are using or accessing the Websites. You acknowledge and agree to such storage, processing and transfer.
You also acknowledge and agree that information that BreadTalk collects may be stored or processed in, or transferred to, servers of BreadTalk’s service providers.
While BreadTalk will take reasonable care in preventing the loss, misuse or alteration of your Personal Information, you acknowledge that data transmission over the Internet is insecure and BreadTalk cannot guarantee the security of the data transmitted over the Internet.
BreadTalk may allow certain third party companies to collect certain anonymous information when you visit the Websites. These companies may use non-personally identifiable information during your visits to the Websites and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information.
Violations of these Conditions
BreadTalk reserves the right, in our absolute discretion, to monitor any and all access and use of the Websites. BreadTalk reserves the right to terminate your access and/or use of the Websites or any part thereof and BreadTalk may block access from a particular internet protocol address to the Websites or any part thereof in the event of any violation of these Conditions. In addition, BreadTalk reserves the right to seek all remedies available under these Conditions, at law and in equity for violations of these Conditions.
Changes to these Conditions
BreadTalk may modify these Terms at any time at our sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Websites shall be deemed your conclusive acceptance of the modified Terms. If you disagree with any part of these Terms, you must immediately discontinue your use of the Websites.
If any provision of these Conditions, in whole or in part, is held to be illegal, invalid or unenforceable under any enactment or rule of law or by any court in any jurisdiction: (i) such provision or part will, to that extent, be deemed not to form part of these Conditions, but the legality, validity and enforceability of the remainder of these Conditions is not affected; and (ii) the legality, validity and enforceability of that or any other provision or part under any other jurisdiction will not be affected.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with Singapore laws and you agree to submit to the exclusive jurisdiction of the Singapore courts.
English Version to Prevail
The Materials, the Websites and these Conditions are also available and reproduced in Chinese. In the event of any discrepancy between the Chinese and English versions of the Materials, the Websites or these Conditions, the English version will prevail.