Terms of Service
TERMS AND CONDITIONS
1. The Contractual Relationship
These Terms of Service (“Terms”) govern your access and/or use of any information, functions, or services made available on (the “Website”) for viewing and/or purchasing products (the “Services“), whether as a visitor or registered user. The access and usage of our Services and Website are made available by and through Esseplore Pte Ltd (collectively, “our”, “us”, or “we”), a private limited company established under the laws of Singapore.
Before accessing and/or using our Services and/or Website, we ask that you read the Terms carefully.
Your use of our Services and/or Website indicate your agreement to be bound by the Terms, which form a contractual relationship between you and Esseplore.
You should not access or use our Services or the Website if you do not agree to these Terms.
As a result, the Terms explicitly supersede any previous agreements or arrangements with you. Esseplore maintains the right to terminate these Terms and/or your access and/or usage of any of our Services and/or Website, including those offered to you as a guest and registered user of our Services and/or the Website, or to cease offering or refuse access to our Services and/or Website at any time for any reason with prior notice.
Esseplore has the right to offer you, and/or apply, additional terms as may be necessary to certain Services and/or the Website at any time. These terms will be disclosed to you in conjunction with the applicable Services and/or Website. Supplemental terms are an addition to the Terms for the applicable Services and are regarded to be a part of them. In the event of a conflict regarding the related Services and/or Website, these supplemental terms will take precedence over the Terms.
Esseplore retains the right to change the Terms governing the Services and/or Website at any time, with prior notice.
The updated Terms will take effect as soon as they are posted. Your continued access and/or use of our Services and/or Website thereafter signifies your acceptance of the amended Terms.
As indicated in the Privacy Policy, you must consent to our collection and use of personal information or personal data in connection with our Services and/or the Website.
2. Services Offered
The Website is the primary platform, other than any other applications that may be created or used to facilitate access to our Services at that time. All data and content on the Website relating to and/or containing our Services do not imply any commitment or obligation not expressly stated in the Terms. Any materials provided on the Website about our Services are never to be treated as advice on which you should rely. The sale of portioned and prepared ready-to-heat meals (the "Product(s)") provided by Esseplore is one of our Website's Services.
2.1 Contract Formation
The information about the Product(s) provided on the Website is not an offer to buy, but rather an encouragement of healthy eating. There is no contract between you and Esseplore for any Product until the Product(s) is dispatched to your address.
To place an Order, you must complete the online purchasing process on the Website. Following that, you will receive an Order Confirmation through email, which will serve as a confirmation of your Order. An Order is considered accepted by us only once it has been dispatched to the delivery location specified by you. Only the Product(s) we deliver to you will be covered by a Contract. If your Order contains multiple items, they may be delivered to you in separate packages and at different times.
2.2 Product Descriptions on the Website
All Product descriptions, information, and material on the Website are provided "as is," with no explicit or implied warranties of any kind. Please keep in mind that the colour and appearance of the Product image on your computer monitor or other display may differ from the actual colour and appearance of the Product (s).
You should keep in mind that you are buying the Product(s) at your own risk. Esseplore is not liable for any physical or health-related illness suffered by the buyer.
2.3 Placing Orders
Esseplore will send you an order confirmation via e-mail after your order has been received, but this does not imply that your order has been accepted.
You can place an Order as a visitor or create an Account on our Website to become a registered user.
Only true and accurate information should be submitted. Please keep your information up to date by alerting us of any changes using the Website. You must not misuse the Website by creating multiple user accounts.
2.4 Payment and Prices
(a) All prices on the Website are listed in Singapore Dollars;
(b) We only accept credit or debit cards, GPay, and PayNow payments in Singapore Dollars. From time to time, we may accept alternative modes of payment, such as online bank transfers, which will be noted on our website. We do not, however, accept cash on delivery;
(c) Esseplore insures the Product(s) from the time the order is confirmed until they are delivered.Esseplore aims to deliver the product on the specified delivery date and time window (if accepted). If an order is placed before 12 p.m., the earliest available delivery window is the next available day. Please keep in mind that estimated delivery times are only approximations and start from the date of dispatch. Esseplore shall not be held liable for any delays caused by the destination's customs clearance process or our logistics partner;
(d) When making a payment, you confirm that the credit or debit card you're using is yours or that you've been specifically authorised to use it by the card's owner. All credit or debit cardholders are subject to validation checks and authorisation by the card issuer. We assume no responsibility and will not be held liable if your card provider declines payment authorization and for any resulting delay or non-delivery;
(e) While we make every effort to guarantee that all information, descriptions, and prices on our Website are correct, errors do occasionally occur. If we identify an error in the pricing of any Product(s) you have ordered, we will notify you as soon as possible and give you the option of reconfirming or cancelling your Order at the corrected price. If we are unable to contact you, your Order will be considered cancelled;
(f) Prices are in Singapore Dollars and include any applicable taxes imposed by Singapore laws. For orders under $80, delivery price is $14.98 (inclusive of GST). However, shipping for purchases over $80 is free for island-wide delivery in Singapore;
(g) If the Order requires payment of customs duties and/or taxes, you agree to bear all charges and make payment directly to Customs;
(h) After you place your Order, our payment gateway will seek pre-authorization on your card to ensure that you have sufficient funds to complete the transaction. Your Order will not be confirmed until this pre-authorization check is completed. Once we've issued the Order Confirmation, your card will be charged. Cards are subject to validation checks and authorisation by the card issuer. We will not be accountable for any delays or non-delivery if the appropriate authorization is not received; and
(i) By clicking the "Pay Now" button, you confirm that the card you are using is yours and that you have sufficient funds or credit facilities to cover the cost of your Order.
2.5 Discounts and Vouchers
Esseplore promotions are applied automatically when you enter the promo code and add the correct items/quantities into your checkout cart.
If you subscribe to our Website or register as a user, you may receive online vouchers by email. Most vouchers cannot be combined with other offers or used in conjunction with product promotions or discounts.
If the voucher specifies a minimum spend, the minimum spend amount must be in addition to any ongoing discounts. The same applies to the free delivery mechanism.
We are not obligated to offer a discount retrospectively if a voucher or promo code has been entered incorrectly and checkout has been completed.
2.6 Order Refusal
Esseplore has the right to discontinue any Product(s) at any time, as well as to remove or amend any material or content from the Website.
We make every effort to fulfil all Orders, but there may be exceptional cases in which we must decline to fulfil an Order after you have received an Order Confirmation e-mail, which we reserve the right to do at any time at our discretion. If we cancel your Order after you have made a payment, Esseplore will inform you via e-mail, and the amount paid will be fully refunded via bank transfer within 24 hours of you providing the bank account details. Esseplore is not liable to you or any other third party for withdrawing any Product(s), removal or editing of any material or content from our Website, or refusal to process or accept an Order, whether or not it has been sold.
2.7 Delivery
(a) Esseplore may deliver the Product(s) to you via third-party logistics companies or delivery services.
(b)Esseplore delivers island-wide in Singapore except for Jurong Island and other restricted areas with high-security clearance;
(c) Esseplore aims to deliver your Product(s) to you at the delivery address provided by you in your Order, and you will receive an e-mail with a tracking number for your reference;
(d) We are not responsible for any losses, liabilities, fees, damages, penalties, or expenses incurred as a result of late delivery;
(e) You may be asked to sign for the Product(s) once they are delivered;
In the event of any problems, defects, or damage, please contact the Esseplore Customer Service Team at <phone number> or send us an email at <emailid>;
(f) The Product(s) may be packaged in Esseplore's standard packaging and delivered via any third-party logistics company and/or delivery service to preserve the temperature;
(g) Upon delivery, all risk in the Product(s) passes to you. We will not be liable for the Products' loss or destruction after the risk has passed to you. Any breach of obligations may affect your access to shop on Esseplore in the future;
(h) If you are unavailable to collect your delivery, our logistics partner may leave a card with instructions for a second delivery attempt or schedule a re-delivery at the next available time slot;
(i) If collection of delivery is delayed through your unreasonable refusal to accept the delivery or if you do not accept delivery during our second attempt, without affecting any other right or remedy available to us, we may do either or both of the following:
(i) Charge you for any fee and costs reasonably incurred by us;
(ii) No longer make the Product(s) available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you any money already paid to us under the Contract minus our reasonable administration expenses (for attempting to deliver, returning the Product(s), and any storage fees we deem appropriate). You acknowledge that the Product(s) is standard and not made bespoke to fit any particular requirements that you may have.
2.8 Returns
Orders of perishable nature, such as food, cannot be cancelled or returned. There are no refunds or cancellations allowed.
Your requests, however, will be considered on a case-by-case basis.
Only if the product(s) is inaccurate or damaged in the following manner, notify the Esseplore Customer Service team within 24 hours after delivery:
(a) If the product is not what you ordered, or there are missing items;
(b) If the product is found damaged at the time of delivery;
To be eligible for a return, the order must meet the following criteria:
(a) The product(s) must be in new condition and returned with all accessories, including manuals, boxes, cards and complimentary gifts, in its original packing. All packaging must be intact, unused and undamaged in any way;
(b) If the order is eligible for a return, the customer is entitled to an exchange. However, if there is no stock available to exchange the product, Esseplore will refund the product payment amount to you via bank transfer to the bank account information you provide;
(c) Upon receiving the product(s), we will inspect it and notify you via email or phone call of the status of the replacement or refund (if any);
(d) Esseplore reserves the right to refuse to process a replacement or exchange order. Esseplore may, however, issue a refund as an alternative.
3. Permission to Use
Esseplore grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence, subject to your compliance with the Terms:
(i) access and use of our Services and/or Website on your personal device solely in connection with your use of the Services and/or Website; and
(ii) access to and use of any content, information, and associated material made accessible through our Services and/or Website, only for your personal, non-commercial use, and subject to Esseplore and its licensors' authorization at all times.
Esseplore and its affiliated or related licensors reserve any rights not expressly granted hereunder.
4. Limitations
You are not permitted to use the Services or the Website for any purpose(s) that could:
(a) violate any Singapore law or other applicable jurisdiction's law, statute, rule, regulation, or by-law;
(b) be deceptive, criminal, unlawful or illegal in any way;
- c) be incorrect or outdated; and
(d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminating, offensive, disparaging, damaging, harassing, threatening, humiliating, malicious, abusive, defamatory, or false;
(e) impersonate another person or body, knowingly or unknowingly, or misrepresent a relationship with another person or body;
(g) include your use, delivery, or transmission of any viruses, unsolicited emails, ‘trojan horses,' or any computer programming routines that are intended and/or used to harm, detrimentally interfere with, secretly intercept, or expropriate any system, data, or personal information.
You are not permitted to remove any copyright, trademark, or other intellectual property rights, or other proprietary notices from any part of the Services or the Website in the following way:
(a) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any of the Services and/or the Website unless expressly permitted by Esseplore;
(b) link to, mirror or frame any section of the Services and/or the Website, without permission by Esseplore;
(c) launch any programmes or scripts for indexing, surveying, or otherwise data mining any part of the Services and/or the Website, or to unfairly burden or hinder the operation and/or functionality of any aspect of the Services and/or the Website; and/or
(d) Attempt to gain unauthorised access to or interfere with any aspect of the Services, the Website, or any of its affiliated systems or networks.
Furthermore, you acknowledge that, to the fullest extent permissible by Singapore law, you bear total responsibility for any risks associated with your use of the Services.
5. Access to the Website and Services
5.1 Accessibility
If the Services and/or the Website are unavailable at any time or for any period, Esseplore will not liable. Esseplore may need to perform normal repairs, maintenance, or add new features and capabilities to the Services and/or the Website on occasion. You will be notified of such events and asked to bear with any downtime until the usual procedures are completed.
5.2 Third-Party Content and Services
Third-party services and content (including advertising) that Esseplore does not control may be made available or accessed through the Services and/or the Website. As a result, you agree to other terms of service and privacy policies that may apply to your access to and use of third-party services and content. Esseplore does not endorse or regulate third-party services and content and is not responsible or accountable for any product(s) or service(s) provided by third-party companies unless clearly approved or stated otherwise.
5.3 Ownership
Esseplore owns and controls the Services and/or the Website, as well as all rights to them. The Terms, as well as your use of the Services and/or the Website, do not transmit or give you any of the following rights:
(i) in or related to the Services and/or the Website except for the limited license granted above; or
(ii) to use or refer to Esseplore's corporate names, logos, products and service names, trademarks or service marks in any way.
6. Your Use of the Website and Services
6.1 Accounts for Registered Members
You must become a registered member and maintain an active Services account ("Account") to access and utilise most features of the Services and/or the Website.
When you create an account with Esseplore, you must provide personal information such as your name, identifying data, contact information, and email address, as well as any additional information, deemed necessary. You must create a username and password when you register for an account on the Website. The password must be kept confidential. You agree to keep your Account information true, complete, and up-to-date.
If you fail to maintain your Account information correct, and up-to-date, including having an invalid or expired payment method, you may be unable to access and use the Services and/or the Website. You are responsible for any activity that occurs under your Account, and agree to keep your Account, username, and password secure and confidential at all times.
By providing your personal information for the registration of your Account, you confirm your agreement and acceptance of the Privacy Policy and hereby expressly consent to processing your personal data for the reasons outlined in the Privacy Policy Notice. When you log in to your Account, all information related to the Services will be available, accessible, and retrievable. This covers information about completed orders, orders in process, or recently placed orders.
You will also be able to manage and preserve your contact information and address. During registration and when accessing your Account, you will have the option to sign up for and receive information emails, as well as to opt-out of receiving them (such as newsletters, offers, and so on). You can always opt-out of receiving such informative emails by going to your Account settings and unsubscribing.
If any disruptive activity on the Website and/or connected to our Services is detected, including but not limited to wrongful or fraudulent registration of an Account using someone else's email address or mobile number without their consent or permission, Esseplore reserves the right to close your Account and cease permitted access and/or usage of the Website and/or the Services.
6.2 Access for Visitors
You may use the Services and/or the Website as a guest without creating an Account; however, your access may be limited, in that you will be able to browse and peruse the Services and make an Order, but you will not be able to access and use some features of the Website.
Regardless of your limited access to the Services and/or Website, Esseplore will hold you responsible and/or liable for not adhering to all applicable terms and conditions contained herein in your browsing and perusing of the Services and peek into the functionality of the Website, and any breach thereof will hold you responsible and/or liable in the same manner and category as if you were a registered user.
7. Guarantees
7.1 Esseplore guarantees the following:
(a) to take best steps to ensure that the Services and/or the Website are error-free with accurate, clear, and up-to-date information and/or data to support your use of the same;
(b) to take best efforts to ensure the Services and/or Website are available 24 hours a day, seven days a week;
(c) to best efforts to resume regular or normal activity of the Services and/or the Website as soon as feasible after executing any routine repairs, maintenance, or upgrades;
7.2 Esseplore does not guarantee the following:
(a) No Terms are intended to be understood as a warranty or assurance of uninterrupted, timely, or error-free access to the Services and/or the Website;
(b) that the Website will work with any hardware or software that you may have;
(c) to accept any responsibility and/or liability for any viruses, unsolicited emails, ‘trojan horses,' or any computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, and that may directly or indirectly affect any computer equipment, software, or data or other property as a result of your access and/or use of our Services and/or Website;
(d) to assume any responsibility and/or liability for the actions of third-parties;
(e) to assume responsibility and/or liability for any reliance placed on materials made accessible on the Services and/or the Website by any guest, registered user, professional, client, or by any other person who may be aware of the contents of said materials;
(f) no warranties or guarantees are made as to the Services' reliability, timeliness, quality, appropriateness, or availability, or that the Services will be error-free or uninterrupted;
(g) on the third-party product(s)' quality, compatibility, safety, or ability.
8. Liability and Indemnity Limitations
8.1 Liability
Esseplore will not be liable for any direct or indirect, incidental, general, special, or consequential damages, including lost profits, lost data, personal injury, or property damage, resulting from any use of the Services, even if the likelihood of such damages has been previously advised. Esseplore is not responsible for any damages, liabilities, or losses incurred as a result of:
(a) your use or reliance on the Services, or your inability to access or use the Services; or
(b) performance delays or failures due to factors outside Esseplore's control.
Our total liability, if any, to any entity, including but not limited to you, shall in no case exceed the purchase price of the Product(s) as indicated in the Invoice we provide you.
8.2 Indemnity
You agree to hold Esseplore, its subsidiaries, affiliates, partners, officers, directors, employees, and agents harmless from and against any claims, demands, losses, liabilities, and expenses (including legal costs and fees) arising out of or in connection with:
(a) your use of the Services;
(b) your breach or violation of any of the Terms; or
(c) your violation of the rights of any third party.
9. Intellectual Property
9.1 IP Rights
For the Terms and/or the Privacy Policy Notice, IP Rights shall include a list of, amongst others, copyrights, trademarks, patents, designs, methods, and processes (hereinafter, "IP Rights").
Esseplore owns all IP Rights (jointly or severally) incorporated in, associated to, and/or linked with the Website and any information and material contained therein. All works, content, and materials on the Website are protected by international copyright laws and treaties. All such rights, both explicitly and implicitly, are hereby reserved.
Without the full consent of Esseplore, no content or material on the Website may be used for any commercial purpose or public distribution.
In case of infringement of any of the rights owned by Esseplore, all legal action will be pursued to the fullest degree permitted by law to seek recourse and relief.
Any disputes involving infringement of Esseplore's exclusively owned IP Rights will be resolved through the dispute resolution method outlined in the Terms below.
In the event of a dispute involving the infringement of any IP Rights owned by Esseplore, any suspected, purported, or alleged infringer, whether a client or not, will have his or her Account suspended or frozen without further notice until the dispute can be resolved through amicable resolution and/or the dispute resolution process as outlined in the Terms.
9.2 Trademarked Brand Names
“Umami" names, logos and all related names, design marks and slogans are the trademarks of Esseplore.
10. Jurisdiction and Governing Law
Although this Website can be accessed from anywhere in the world where local technology allows, you agree that the Terms and your use of the Website and/or the Services (including any non-contractual relationships arising out of or connected to them) will be governed and construed following Singaporean law, without regard to conflict of laws principles.
You understand and agree that any disputes arising out of, linked to, or in connection with the Services, the Website, and/or the Terms will be resolved exclusively by the courts of Singapore.
11. General Provisions
11.1 Notice
Esseplore may issue notice on the Services and/or the Website and/or the Terms herein contained by e-mail to your email address as registered in the Account, or by written communication mailed to your address as stated in the registered Account.
11.2 Severability
If there are any changes to laws, regulations, by-laws, or otherwise during the time frame of the Terms that may render any of the Terms illegal, invalid, or otherwise unenforceable in any state or country where these terms are intended to be effective, that term shall be severed to the extent and the remaining terms shall remain effective and binding on all parties concerned.
11.3 Force Majeure
If we are delayed in, prevented from, or hindered in executing any of our obligations under these Terms due to an incident of force majeure, such delay or non-performance shall not be deemed a breach of these Terms. In this case, our responsibilities that have been impacted by the force majeure event will be suspended for the duration of the unforeseeable incident.
For the avoidance of doubt, a force majeure event shall include, but shall, not be limited to acts of God, acts or omissions of any government or any rules, regulations or orders of any governmental authority or any officer, department, agency or instrument thereof, fire, storm, flood, earthquake, accident, acts of public enemy, war, rebellion, insurrection, riot, invasion, strikes, industrial disputes or lockouts, or anything regarded as being beyond the control of the party in question.
11.4 Waiver
Our tolerance, neglect, delay, or indulgence in enforcing any of these Terms hereof will not prejudice or limit our rights in respect of any other Term, nor will any waiver of such right act as a waiver of any later breach of the same or any other provision.
11.5 Entire Agreement
These Terms include all of the terms and conditions agreed upon by the parties hereto and supersedes and cancels all prior agreements, representations, and undertakings between you and us, whether written or oral, concerning the subject matter hereof.
