By visiting, browsing and accessing toughclub.sg (the "Site"), you are deemed to have read, understood and agreed to be bound by the Terms of Use.
1. USER ACCOUNT
1.1 By registering for a user account ("Account") on the Site, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You also agree to maintain and promptly update this information to keep it accurate, current, and complete.
1.2 You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree not to share your Account credentials with any third party or allow anyone else to access your Account. You are solely responsible for any activities that occur under your Account.
1.3 You agree to use your Account in compliance with all applicable laws and regulations. You also agree not to engage in any activity that interferes with or disrupts the operation of the website or any services provided through it.
1.4 We reserve the right to suspend or terminate your Account and refuse any and all current or future use of the website or any portion thereof if you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.
1.5 You may choose to make purchases on our website without creating an Account by using our guest checkout option. However, please note that guest checkout may limit certain features and functionality available to registered users, such as order tracking and purchase history.
1.6 If you wish to delete your Account, please contact us through the appropriate channels as outlined on the website. Please note that deletion of your Account may result in the loss of certain data associated with your Account, including but not limited to purchase history and saved preferences.
2. USE OF THE SITE
2.1 You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site, provided you agree to and comply with these terms.
2.2 While using the Site, you may not:
(a) use the Site for any commercial, revenue generating or other purposes for which it is not
designed or intended;
(b) attempt to reverse engineer, modify, or decrypt the Site;
(c) overload or disrupt the Site's functionality;
(d) upload harmful files or software that may damage the operation of the Site or other users'
computers;
(e) employ scraping technology to extract data from the Site;
(f) frame or link to the Site without our permission;
(g) attempt to probe, scan, or test the vulnerability of our systems or networks or breach any
security or authentication measures;
(h) circumvent technological measures protecting the Site; and
(i) engage in illegal activities or violate laws and regulations.
2.3 We reserve the right to change, suspend, or disable access to the Site without notice. We are not obligated to provide maintenance or support services, although access may be interrupted for maintenance or technical reasons.
3. PRODUCT INFORMATION AND PRICING
3.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
3.2 We reserve the right, but are not obligated, to limit the sales of our products or services
to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice,
at the sole discretion of us, and we may withdraw any promotional discounts or offers at any
time without notice. We do not provide price protection or refunds in the event of a price
reduction or promotional offering. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
3.3 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
3.4 While we endeavour to provide accurate information on products on the Site (including pricing
information and product descriptions), we do not warrant that such information is accurate,
current, complete, reliable, updated or free from error and you agree that we shall not be
liable for any errors in the pricing, product and/or promotional information listed on our Site.
Without limiting the generality of the foregoing, you acknowledge and agree that:
(a) product pictures on the Site are provided to help you recognise the products, but due to
packaging or product redesign and improvements, these may not reflect exactly the product you
will receive; and
(b) you are responsible for checking product packaging for nutritional information, allergen
information and warnings before consumption and use, to ensure you are following the most
up-to-date information, as product information reflected on the Site may not be current.
3.5 All product prices on the Site are shown in Singapore dollars.
4. PLACING ORDERS
4.1 You agree to comply fully with all directions, instructions and/or any other terms issued by us from time to time in relation to your purchase of products through the Site.
4.2 An order for product(s) placed by you through the Site ("Order") shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your Order for the price and other charges (including delivery fees and taxes) and terms notified to you at the time you place the Order.
4.3 You shall be responsible for ensuring the accuracy of your Order before submitting it. A minimum of 3-working days' advance notice is required for any changes or amendments to orders. A 5% transaction fee applies for any cancellation.
4.4 A cancellation surcharge of 50% of the order price will apply if the order is cancelled within 24 hours prior to the delivery timing.
5. ORDER HANDLING AND ACCEPTANCE
5.1 All Orders are subject to our acceptance. We reserve the right, without prior notice, to:
(a) accept or reject your Order for any reason, including if the requested product is not
available, if there is an error in the price, product description or Order; and/or
(b) limit and/or cancel the order quantity on any product,
at our absolute discretion, without any liability to you.
5.2 Receipt of, or the processing of payment for, an Order shall not in itself constitute acceptance of the Order by us. Where an Order for any product(s) is rejected or cancelled by us, any payment made for such Order shall be reversed or refunded by us in accordance with our prevailing refund policy as set out in our FAQs ("FAQs"). If we reject or cancel your Order, we will endeavour to notify you before the scheduled delivery date or within a reasonable time thereafter.
5.3 Each Order accepted by us (i.e. "Accepted Order") shall constitute a separate binding agreement between you and us for the supply of the products in respect of which such Order was placed, subject to the terms and conditions of this Agreement. You acknowledge that unless you receive a notice from us accepting your Order, we shall not be party to any legally binding agreements or promises made between you and us for the sale or other dealings with the product(s). Notwithstanding the foregoing or our acceptance of your Order(s), you agree that we may cancel the Accepted Order (or part thereof) in accordance with this Agreement, and that we shall not in any event be liable to you or any person for any loss, damage, or inconvenience suffered in the event of any such cancellation or inability to fulfil your Order for whatever reason.
5.4 Subject to Section 5.5, you acknowledge and agree that we may at any time:
(a) at our sole and absolute discretion and without giving any reason or prior notice, require
that you identify yourself by alternative means, or require any Order to be confirmed through
alternative means; and/or
(b) decline to process the Order at any time without giving any reason or prior notice,
including to, (without incurring any responsibility for loss, liability or expense arising out
of so declining to process) refrain from processing promptly upon any Order in order to verify
the authenticity thereof or decline to process the Order where they are ambiguous or incomplete.
5.5 We are under no obligation to investigate the authenticity or authority of persons making the Order or to verify the accuracy and completeness of the Order. Accordingly, we may treat the Order as your authentic and duly authorised instructions which are valid and binding on you notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of the Order.
5.6 The total price of your Accepted Order will include the price of the product, delivery and administrative fees and surcharges including any applicable Goods and Services Tax (GST).
6. PAYMENT
6.1 Payment transactions on the Site are processed by third party payment processors and payment gateway providers ("Payment Processor(s)"). We only accept payment methods which are accepted by the Payment Processor(s) from time to time (including PayNow, ApplePay and MasterCard, Visa and American Express credit/debit cards) (which are subject to change without notice to you). We are unable to accept payment by cash or cheque.
6.2 You shall be responsible for complying with any terms and conditions and charges imposed by such Payment Processor(s) in connection with service(s) they provide to process and facilitate your online payments. We shall not be responsible for any damage, injury or loss sustained by you or any other party caused by or in connection with your use of these Payment Processor(s) through our Site (including any errant or invalid transactions, or unprocessed transactions due to a network communication error, or any other reason). You agree that we are not responsible for missed payments, fraud, unavailability or hacking of the Payment Processor(s), or any other issues related to payments.
7. DELIVERY
7.1 We will provide delivery service in mainland Singapore only for Accepted Orders. We do not deliver to Jurong Island and any of the other islands of Singapore.
7.2 We shall be entitled to charge you the delivery fees and other administrative fees and surcharges set out in our FAQs.
7.3 You may select a preferred time frame for delivery by indicating your selection against an available delivery slot when you place your Order. While we will make reasonable efforts to deliver your products to your delivery address within the delivery slot selected by you, we may fail to do so due to for various reasons (including factors beyond our control such as weather, traffic, haze, etc.), which may result in early or delayed deliveries. In any event, you acknowledge and agree that the timeframes in such delivery slot are estimates only and that we shall not be liable for any loss or damage directly or indirectly arising from any delay or failure to deliver within the timeframe in your selected delivery slot.
7.4 Delivery of products is subject to availability of the products from our usual source of supply. You acknowledge that while the availability information on our Site is updated regularly, it is possible that in some instances a product may become unavailable between updates, and that we may have to delay delivery of such product to you or, in the exercise of our sole discretion, to cancel the purchase of such product from your Accepted Order (and refund you the price, based on our prevailing refund policy as set out in our FAQs), without liability to you.
7.5 In the event you do not receive the product by the projected delivery date and provided that you inform us in accordance with our instructions in our FAQs, within five (5) days immediately from such projected delivery date, we will try, to the best of our ability, to locate and deliver the product. If we do not hear from you within five (5) days from such projected delivery date, you shall be deemed to have received the product.
7.6 All risk in the product shall pass to you upon delivery or deemed delivery thereof. From the time when risk passes to you, we (and our appointed delivery service(s) provider) will not be responsible or liable for any loss of, damage to or destruction of the product, and you shall assume all risks connected therewith including in relation to the use and storage thereof.
7.7 Delivery of products will be made to the address you specify in your Order. Changes to your Order (including changes to the delivery address or delivery time slot) cannot be made once your Order has been submitted.
7.8 We (and our appointed delivery service provider) shall be entitled to conclusively presume that anyone at the delivery address who receives the delivery of your Order is authorised to receive such delivery on your behalf. Where you request that we (or our appointed delivery service provider) leave the product(s) at your front door or anywhere outside the delivery address, such delivery shall be at your sole risk and you accept all liability and risk of loss, theft and damage to the products so delivered. Notwithstanding the foregoing, we and our appointed delivery service(s) provider may decline requests to deliver or leave the products at a place other than the front door of the delivery address.
7.9 We use various cooling methods including temperature controlled, insulated containers and in some cases frozen packs during delivery to maintain the quality and integrity of your products. To maintain the integrity of chilled products after delivery, please immediately refrigerate the same. We are not responsible for any spoilage of chilled products if they are left unrefrigerated at room temperature after delivery.
7.10 If we are unable to make the delivery, because your delivery address is inaccessible at the time, or you are not present to receive the order at the time of delivery, we reserve the right to bring the products back to our warehouse for disposal (due to the temperature sensitivity of the products), without any liability to you for any refund, loss or damage in respect thereof.
8. RETURNS
8.1 Once a product has been sold, it cannot be returned for a refund unless you receive:
(a) a product that is entirely different from the product specified in your Accepted Order;
or
(b) a damaged or defective product,
in which event your sole and exclusive remedy is to return it in unused condition in accordance
with this Clause for a refund. We do not offer product replacements or exchanges.
8.2 Any product return is subject to our approval and will only be considered provided you notify us in accordance with our FAQs of your request for return within five (5) days upon delivery of the product.
8.3 Products to be returned must be in their original packaging, in re-saleable condition and must not be used or expired. We reserve the right, but shall not be obliged to, inspect the returned product and to determine whether the product was rightfully returned. Our decision in respect of such returned products shall be deemed final and binding on you.
8.4 There will be no returns and/or refunds where (i) you have made an error; (ii) changed your mind with respect to a product ordered; or (iii) failed to notify us in the manner and within the time period specified in our FAQs (including if you have sent your refund request through any communication channels other than as instructed in our FAQs).
8.5 We are not obliged to agree to any such return unless all foregoing conditions in this Clause and the FAQs are met to our satisfaction.
8.6 In the event the product you have ordered and paid for is out of stock, we will offer you a refund of the same value.
9. PROMOTIONS
9.1 We may from time to time offer discounts or run promotions, contests, surveys, privileges, events and other programmes ("Promotions"). Promotions shall be effective only for the applicable promotional period and on a "while stocks last" basis, and shall be subject to such other additional terms and conditions as we may publish from time to time.
9.2 Our decision on all matters relating to Promotions, Coupons and other rewards and privileges is final and binding.
9.3 We reserve the right to alter, withdraw or discontinue any Promotion at any time without notice or liability to you.
10. EXCLUSION OF LIABILITY
10.1 By purchasing and consuming our products, you acknowledge and agree that you do so at your own risk. Our products are provided "as is" and "as available" without any warranties, guarantees, or representations of any kind, whether express or implied.
10.2 We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, arising out of or in connection with the use or consumption of our products.
10.3 You understand and accept that consuming food products, may involve inherent risks, including but not limited to allergic reactions or adverse health effects. You agree to carefully read and consider the ingredients and nutritional information provided on our packaging and to make informed decisions regarding consumption based on your individual health circumstances and dietary requirements.
10.4 You agree to indemnify, defend, and hold harmless our company, its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees arising out of or relating to your use or consumption of our products.
11. PRIVACY POLICY
11.1 Please review our Privacy Policy to understand how we collect, use, and disclose information about you. By accessing or using our website, you acknowledge that you have read and agree to our Privacy Policy.
12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
12.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
12.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
12.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. ENTIRE AGREEMENT
13.1 These Terms of Use constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
14. GOVERNING LAW
14.1 These Terms of Use shall be governed by and construed in accordance with the laws of Singapore.
15. CHANGES TO TERMS OF USE
15.1 We reserve the right to modify, amend, or update these Terms of Use at any time, and such changes will become effective immediately upon posting on the Site. Your continued use of or access to our Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
16. CONTACT US
16.1 For any inquiries or concerns regarding these Terms of Use, please contact us at [email protected].
