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Drinkies
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DRINKIES - TERMS OF USE

APPLICABILITY

  1. By using the Services (defined below) provided on Drinkies brought to you by Asia Pacific Breweries (Singapore) Pte Ltd ("APBS", "we" or "us"), you agree to the applicability of these terms of use ("Terms"). We note that these Terms may be changed over time. Such changes shall be effective immediately upon the posting of the modified Terms. You are advised to regularly read the Terms for possible changes.

 

PRIVACY

2.APBS collects, uses and discloses participants’ personal information and data in accordance with our Privacy and Cookie Policy at https://www.apbsingapore.com.sg/privacy-policy/. The Privacy and Cookie Policy may be updated from time to time and we encourage you to check back regularly for updates to the same.

 

SERVICES

3.APBS owns and operates a platform at www.drinkies.sg and the Drinkies mobile app (each and collectively referred to as “Platform” or “Drinkies”) in connection with the sale of APBS products (“Products”) on the Platform and APBS makes services available to you on the Platform in connection therewith, which includes but is not limited to the following:

(a)   browsing and purchasing of various Products;

(b)   access to a collection of information, products, services, data, text, listings, pricing, graphics, and images;

(c)    search engines or tools;

(d)   email or message alerts; and

(e)   any other services, features, content or applications that APBS may offer through the Platform from time to time in its sole and absolute discretion,

collectively referred to as the "Services".

 

4.APBS shall not be liable for any cancellation or non-delivery of the Products by the authorised distributor(s).

 

5. APBS reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Platform at any time. APBS may also impose limits on certain features or restrict your access to parts or the entire Services or Platform without notice or liability.

 6. For clarity, only persons aged 18 years old and above are eligible to purchase liquor (including purchasing on Drinkies). It is an offence in Singapore for individuals below 18 years old to purchase liquor; the offence upon conviction (by relevant authorities) is punishable with a fine not exceeding S$10,000.

 

LICENCE

 

7. APBS hereby grants you a personal, non-exclusive and non-transferrable licence to use the Platform, as well as access and use the Services available via the Platform, subject to the terms and conditions set out in these Terms.

8. You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:

(a)   the Services;

(b)   the Platform;

(c)    any materials, information, news, advertisements, listings, pricing, data, audio, video, pictures, graphics, software, and other content, that is made available on or via the Platform or Services (collectively referred to as the "Content").

9. Without prejudice to the generality of Clause 7 above of this section, you agree not to reproduce, display or otherwise provide access to the Platform, Services or Content, without the prior written permission of APBS.

 

10. The Platform and all Content are the copyrighted work of APBS or our content or software providers, and APBS reserves and retains all rights in the Platform and Content.

 

11. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content, except under the specific circumstances expressly permitted by law.

 

12. You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Platform, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.

 

13. You shall comply with any and all Singapore laws and regulations.

 

ACCOUNT INFORMATION

 

14. To access certain parts of the Platform or Services, you will be required to sign-up for an account with APBS ("Account") by providing the information below:

(a)   Name

(b)   Email

(c)    Phone Number

(d)   Address

(e)   Date of Birth

(f)     Password

 

15. You are solely responsible for safeguarding and maintaining the confidentiality of your Account and Password. You agree not to:

(a)   share or permit others to use your Account or Password; or

(b)   assign or transfer your Account to any other person or entity.

 

16. You shall be bound by and be responsible for all communications and online activity transmitted or conducted through the use of your Account. APBS shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of and/ or in connection with the wrongful or fraudulent use of your Account. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity.

 

17. Where fraudulent or wrongful use of an Account is detected or suspected, APBS reserves the right at its sole discretion and without liability, and without prejudice to its other rights and remedies under these Terms or at law, to immediately:

(a)   cancel any orders placed through such Account(s); and/ or

(b)   suspend and/or terminate Account(s).

 

 

ORDERS & DELIVERIES, PRICING & PAYMENTS

 

Orders & Deliveries

18. All orders made by you shall be deemed to be an offer made by you to purchase the selected Product(s) and quantities set out in your order upon these Terms. All orders shall be subject to acceptance by APBS.

 

19. Upon issuance of the order confirmation notification by APBS to you, you may not modify or cancel your order unless you have sought APBS’ approval in writing, where such approval shall be exercised in APBS’ discretion on a case-by-case basis. APBS reserves the right to request you to indemnify APBS in full against all loss, costs, damages, charges and expenses (including loss of profit) incurred by APBS as a result of such modification or cancellation.

 

20. All orders made by you are subject to stock availability. APBS reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason.

 

21. You must ensure the accuracy of your order details to facilitate prompt delivery.

 

22. The risk of loss or damage to the Products shall pass to you:

(a)   upon delivery of the Products; or

(b)   if you wrongfully fail to take delivery of the Products, at the time when APBS has tendered delivery of the Products; and

APBS shall not be liable for any damage to or loss of the Products from the time when risk passes to you.

 

23. The property in the Products shall pass to you upon the later of the following events:

(a)   APBS has received cleared funds payment in full of the price of the Products; or

(b)   delivery of the Products.

 

24. In the event that you have received any Products in which the property has yet to pass, you shall hold the Products on behalf of APBS on trust and shall not cause the Product to be encumbered in any way until the property has passed to you. APBS shall have the right to demand you to deliver up to APBS the Products in which the property has not passed to you. You shall indemnify APBS against all loss damages costs expenses and legal fees incurred by APBS in connection with the assertion and enforcement of APBS’ rights under this Clause if such actions become necessary as a result of your fault.

 

25. Dates quoted on the Platform relating to delivery are approximate only and APBS shall not be liable for any delay in delivery of the Products. APBS has the right to sub-contract its obligations for the delivery of the Products to any third party at any time and at its sole discretion.

 

26. All orders shall be placed at least three (3) working days prior to the intended date of delivery i.e. APBS shall take three (3) working days to process your order. APBS will process your order from 8:30am to 10:00pm, Monday to Saturday and excluding any public holidays (“Order Processing Window”). All orders placed outside of these times and dates will not be processed until the next available Order Processing Window.

 

27. You shall be present at the address and within the delivery window specified or selected by you to accept delivery of the Products. Unless otherwise agreed, any person present at the delivery location is presumed to be at least 18 years old and authorised by you to receive the delivery on your behalf.

 

28. If you fail to take delivery of the Products, you may receive instructions from APBS or any other third party engaged by APBS to collect the Products or rearrange for re-delivery, such cost of re-delivery to be borne by you. In the event that you have unreasonably delayed in accepting or taking the delivery or fail to give APBS adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of APBS’ fault) then, without prejudice to any other right or remedy available to APBS, APBS may:

 

(a)   store the Products for three (3) days from the last date APBS and/or its agent contacted you to take delivery. APBS shall be entitled to charge storage fees thereafter incurring on a daily basis until the Products are collected by or re-delivered to you; or

(b)   cancel the order and refund to you the amount paid for the Products. The amount paid for logistics (including delivery and installation) shall be forfeited.

 

29. The Products will only be delivered to a valid residential, corporate or home address. If your designated delivery location (i.e., street, avenue, etc.) is inaccessible, rendering APBS unable to make the delivery, APBS will contact you to determine the best alternate location.

 

30.  Receipt of delivery of the Products must be supported by original identification and any original receipt/document. APBS reserves the right to cancel delivery of the Products if you are unable to produce the necessary original supporting document(s), or if the supporting document(s) is/are defaced, torn, damaged or illegible.

 

Product Information, Pricing and Payment

 

31. While we endeavour to provide an accurate description of the Products, we do not warrant that such description relating to pricing, images, or other Products or promotional information is accurate, reliable, current, or error-free.

 

32. Accordingly, you agree that APBS shall not be liable for any errors in the pricing and Products or promotional information listed on the Platform or through the Services.

 

33. The price to be paid by you shall be based on the prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Platform or through our Services. If a Product at the point of delivery is damaged, these may be returned to APBS within three (3) days from the date of delivery, after which APBS shall have the discretion to either replace the Products or refund you the amount paid for such Products. The decision of APBS shall be final.

 

34. All prices of Products are shown in Singapore dollars and are inclusive of Goods and Services Tax. Prices of Products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.

 

35. Payment for all orders shall be made in Singapore dollars.

 

36. You shall make direct payment to APBS for the Products purchased. You shall be bound by the specific terms and conditions applicable to the relevant payment gateway in addition to these Terms of Use.

 

INTELLECTUAL PROPERTY

 

37. The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Platform and all Content shall vest in and remain with APBS and its licensors.

 

38. Consent is granted to view, electronically copy, and print in hard copy portions of the Platform for the sole purpose of placing an order. Any other use of the materials on this Platform, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of APBS is strictly prohibited.

 

39. You acknowledge that APBS and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material.

 

40. APBS reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from APBS.

 

41. The trademarks, logos and service marks ("Marks") displayed on this Platform are the property of APBS and other third parties, and all rights to the Marks are expressly reserved by APBS and relevant third parties. You are not permitted to use the name of APBS or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of APBS or such third party.

 

42. The domain name on which the Platform is hosted on is the sole property of APBS and you may not use or otherwise adopt a similar name for your own use.

 

DISCLAIMERS & LIMITATIONS

 

43. While we make every effort to ensure that the Platform, Services and all Content is accurate and complete, we provide the Platform, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied.

 

44. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including, without any limitation, any implied warranty as to merchantability, fitness for a particular purpose, compliance with description, or non-infringement of third party rights, are hereby disclaimed to the fullest extent permitted by applicable law.

 

45. Without limiting the foregoing, APBS does not warrant that the functions contained in or access to the Platform, Services, Content or other content will be timely, accurate, uninterrupted, error-free, or without omission, or that the Platform, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of any Content in or with any device will not affect the functionality or performance of the device.

 

46. You agree that:

(a)   access to or the operation of the Platform and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted without technical or other errors; and

(b)   the Platform and Services may be subject to limitations, delays, and other problems inherently and in any such event, APBS shall not be liable for any loss, liability or damage, which may be incurred as a result.

 

47. In no event shall APBS be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Platform, the Content or any other website or device.

 

48. Notwithstanding any provision to the contrary, in no event shall APBS be liable for any loss of profits or anticipated earnings or savings, loss of goodwill, loss of use, business interruption, increased cost of working and wasted efforts or expenditure, consequential, indirect, or special damages and all associated legal costs, arising out of and/ or in connection with your use of and/ or your inability to use, the Services, Platform or Content, or any other website or device.

 

49. You agree to indemnify, defend and hold APBS and its authorised distributor(s) harmless from and against any and all losses, costs, charges, expenses, damages, claims and liabilities paid, incurred or suffered by us arising out of or in connection with the use of this Platform and Services and/or your breach of any of these Terms.

 

FORCE MAJEURE

 

50. APBS shall not be liable to you in any manner whatsoever or be deemed to be in breach of this Terms of Use by reason of any delay in performing or any failure to perform any of APBS’ obligations if such delay or failure was due to any cause beyond APBS’ reasonable control, including but not limited to:

 

(a)   fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;

 

(b)   war or threat of war, sabotage, insurrection, civil disturbance or requisition;

 

(c)    acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

 

(d)   import or export regulations or embargoes;

 

(e)   strikes, lock outs or other industrial actions or trade disputes (whether involving employees of APBS or of a third party);

 

(f)     difficulties in obtaining raw materials, labour, fuel, parts or machinery faced by APBS or suppliers; or

 

(g)   telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.

 

SUSPENSION AND TERMINATION

 

51. You agree that APBS has the right in its sole and absolute discretion and without prior notice or liability to:

(a)   restrict, suspend, or terminate your access to all or any part of the Platform or Services; and/or

(b)   terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account,

without assigning any reason.

 

GENERAL

52.The invalidity or unenforceability for any reason of any of these Terms shall not prejudice or affect the validity or unenforceability of the remaining parts and each part of Terms is distinct and at all times severable from the rest of these Terms.

 

53. Nothing in these Terms shall be construed to create a relationship of employer and employee, partnership and/ or agency between APBS and you.

 

54. Any indulgence on the part of APBS in respect of any breach of any of the Terms by you shall not constitute a waiver in respect of any such breach or any subsequent breach whether of the nature or otherwise.

 

55.These Terms shall be governed by and construed in accordance with Singapore law and you hereby agree to submit to the exclusive jurisdiction of the courts of Singapore.

56. It is an offence in Singapore for individuals below 18 years old to purchase liquor. The offence upon conviction is punishable with a fine not exceeding S$10,000.