Terms & Conditions
SHIOKFARM TERMS & CONDITIONS
These Terms & Conditions govern the relationship between any Customer (you) and Love Roots Pte Ltd trading as “ShiokFarm” (a company registered in Singapore) in relation with any and all the Purchases you make of the Products via the Website. Please read these Terms & Conditions carefully as they affect your legal rights and obligations. Any and all use of the Website and all Purchases are ruled by these Terms & Conditions to the extent permitted by law. If you do not accept these Terms & Conditions, please leave the Website and do not make any Purchase.
“Authorised Person” means a person (e.g. spouse, foreign domestic worker) designated by a Member to collect the Fresh Products on the behalf of the Member from a Collection Point under the Support Our Farmers Subscription.
“Bag Type” means the content of Fresh Products contained in each delivery under Support the Our Farmers Subscription.
“Collection Point” means a collection point located in Singapore listed on the Website (as updated from time to time), which may be chosen as a delivery location as further detailed in section 6.
“Website Contents” mean the Website together with all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it.
“Customer” means a person who (i) fit the conditions detailed in section 4, (ii) completed the registration process detailed in section 4 and (iii) has made Purchases on the Website.
“Deposit” means the amount paid to ShiokFarm by Members as detailed in section 4.
“Flexible Plan” means the one-month purchase of weekly Fresh Products.
“Flexible Plan Price” means the price detailed on the Website in respect of the Flexible Plan.
“Fresh Products” mean fresh organic fruits and vegetables supplied by ShiokFarm under these Terms & Conditions.
“Fruits @ The Office” means the Subscription for Fresh Products purchased by a business entity and to be delivered either at an office address or at a residence, as chosen by the Member.
“Member” means a Customer who is a current purchaser of at least one Subscription exceeding a one-month duration (either through Support Our Farmers Subscriptions, Wine Products Subscriptions or Fruits @ The Office).
“Purchase” means any completed orders made by a Customer on the Website.
“Preferred Delivery Time” means the delivery time slot chosen by a Member under the Wine Products Subscription.
“Price” means any and all prices detailed on the Website (including the Products Price, the Flexible Plan Price and the Subscription Fees.
“Products” means the Fresh Products, Top Up Products and Wine Products listed in the Website.
“Product Price” mean the price detailed on the Website in respect of each Top Up Product.
“Registered Card” means the valid credit or debit card bearing either the MasterCard or Visa symbol used for payment of the applicable Product Fees on the Website.
“ShiokFarm” means Love Roots Pte Ltd, a company incorporated in Singapore.
“Subscription” means a long-term Purchase made on the Website after the successful completion of the registration as detailed in section 4.
“Subscription Fees” means the price detailed on the Website in respect of the Subscription(s).
“Substitute Member” means a suitable person designated by and under the responsibility of a Member to collect the Member’s Products on the Member’s behalf during the period of a Vacation Form.
“Support Our Farmers” means the Subscription for Fresh Products for which the member will give 2 month notice, if he/she wants to leave the program.
“Terms & Conditions” mean this contractual conditions applicable to any and all Purchases made on the Website.
“Top Up Products” means the fresh Products open for one-time Purchase on the Website.
“Vacation Form” means the form used to advise ShiokFarm of any dates on which a Member is unable to collect or accept delivery of the Subscription(s), allowing the Member to either (i) appoint a Substitute Member to collect or receive delivery or (ii) donate the relevant Subscription(s) to charity.
“Website” means www.shiokfarm.com.
“Wine Products” mean wine bottles listed in the Website within a Wine Products Subscription.
“Wine Box” means the Wine Products provided by ShiokFarm per delivery under a Wine Products Subscription.
ShiokFarm shall supply the Customers for all Products ordered via the Website in accordance with these Terms & Conditions.
The Customer agrees that it shall not: (a) resell for commercial purposes the Products; (b) resell or make commercial use of the Website Contents, except for Fruit @ The Office or when otherwise mutually agreed in writing; or (c) access any systems or servers hosting the Website except for the purpose of using your Subscription(s) as permitted in these Terms & Conditions.
3. Services / Products
Members who completed their registration detailed in section 4 shall be eligible to receive the supply of Products from Shiokfarm based on the chosen Subscription(s).
i. Subscriptions of Fresh Products – Support Our Farmers Subscription
Members who registered for the Support Our Farmers Subscription shall receive a weekly bag of Fresh Products for an automatically renewed period of 6 months. Members can leave whenever they want, provided they give a written two month notice.
The Fresh Products supplied through the Support our Farmers Subscription are different Fresh Products bundles made available to Members from time to time as listed on the Website. ShiokFarm shall use best commercial efforts to notify Members of the contents of each Fresh Products order to be delivered by Bag Type no later than 3 days prior to the designated delivery date and reserves the right to make changes or substitutions of the Fresh Products at any time.
ii. Subscription of Wine Products – Wine Box
Members who registered for the Subscription of Wine Products shall receive a monthly Wine Box for the period detailed at the time of registration.
The Wine Products supplied through the Wine Products Subscription are different Wine Products bundles made available to Members from time to time as listed on the Website. ShiokFarm shall use best commercial efforts to deliver the Wine Products as advertised and reserves the right to make changes or substitutions of the Wine Products at any time.
iii. Fruits @ The Office
Members who registered for the Subscription of Fruits @ The Office shall receive a weekly bag of Fresh Products for the period detailed at the time of registration.
The Fresh Products supplied through the Fruits @ The Office are different bundles of Fresh Products.
b. Flexible Plan
Customers who completed their registration detailed in section 4 and chose the Flexible Plan shall be eligible to receive a weekly bag of Fresh Products for a four-week duration at the Product Fees detailed on the Website. The Flexible Plan may be renewed by the Customer every four weeks at a cost determined by ShiokFarm.
The Fresh Products supplied through the Flexible Plan are different Fresh Products bundles made available from time to time as listed on the Website.
c. Top Up Products
Customers who completed their registration detailed in section 4 may buy certain Products listed on the Website as open for a one-time Purchase. The list of Top Up Products may be updated from time to time.
4. Conditions for Purchase and Membership Registration
To be eligible to receive Products from ShiokFarm and become a Customer, the conditions in section 4 (a). shall be fulfilled.
To be eligible to receive the Products under a Subscription and become a Member, a valid ShiokFarm membership registration is required as detailed in section 4 (c).
a. Conditions for registration
To apply for registration, you shall be able to legally enter into contracts under Singapore law, be eighteen (18) years of age or over and be a resident of Singapore. For the avoidance of doubts, Wine Products listed on the Website are intended for consumption, and may only be purchased, by individuals who are eighteen (18) years and above.
b. Registration process for Top Up Products and Flexible Plan
The following actions are required to make Purchase of Top Up Products and/or Flexible Plan on the Website: (a) providing necessary information on the Website, including without limitation personal data and (b) making a valid payment of the applicable Product Price(s) and/or the Flexible Plan Price (as the case may be).
You shall provide certain personal data, such as the Customer’s full name, home address, phone number and email address, as well as the full name and phone number of the Customer’s spouse or helper, if applicable.
The Customer is responsible for: (i) the Purchase(s) made under the Customer’s name; and (ii) the accuracy and completeness of the details provided by the Customer to ShiokFarm.
ii. Payment set up
The Customer’s Purchase is valid and shall be supplied by ShiokFarm only following the email confirmation received from ShiokFarm by the Customer after Payment of the order.
c. Registration process for Subscriptions by Members
Registration as a Member shall be completed by (a) providing necessary information on the Website (b) getting the email confirmations from ShiokFarm and (c) completing the payment steps.
i. Registration form
You shall fill in the registration form and provide certain information including:
- Information related to the Purchase, such as the selected Bag Type or Wine Box, and the Member’s delivery option, Preferred Delivery Time; andRequired personal data, such as the Member’s full name, home address, phone number and email address, as well as the full name and phone number of the Member’s spouse or helper, if applicable.
The Member is responsible for: (i) the confidentiality of their Membership’s details, including without limitation the account password; (ii) the Subscription(s) purchased under the registered Member’s name; and (iii) the accuracy and completeness of the details provided by the Member to ShiokFarm during the Term.
ii. Confirmation by ShiokFarm
The Member shall receive (i) an email confirming the reception by ShiokFarm of your registration form and (ii) an email or a WhatsApp message once your membership registration has been accepted. Please note that there may be a waiting list and you shall be notified once your membership is ready for activation.
iii. Payment set up
iv. Activation of the membership
Following the completion of the steps detailed in the above sections, ShiokFarm shall send an email or a WhatsApp text to the Member on the acceptance and activation of the membership registration. For the avoidance of doubt, no Subscription shall be deemed accepted by ShiokFarm unless and until so confirmed in writing by ShiokFarm.
ShiokFarm shall inform the Member of the date of the first delivery under the relevant Subscription(s).
Bank transfer: Payment of a Deposit is the final condition of the activation of the ShiokFarm membership. The amount of the Deposit shall be calculated based on your Subscription and there shall be a separate Deposit per Subscription (meaning one Deposit for Fresh Products and another one for Wine Products, as applicable at the time of registration or as updated during your Membership).
For the avoidance of doubt, a Deposit shall only be payable once the membership has been accepted and shall not be payable whilst you may remain on the waiting list.
No additional Deposit shall be requested for the renewal of the same Subscription(s).
Payment method: Deposits must be paid by PayNow (as a preferred method by ShiokFarm) or bank transfer. No other form of payment of Deposits will be accepted. Payment details for Deposits will be emailed to the Member once the membership registration is accepted and/or when the Member orders a new Subscription.
Refund of the Deposit: In the event of cancellation of a Subscription, subject to ShiokFarm’s right to retain all or any portion of your Deposit to offset any unpaid Subscription Fees, the Member shall provide the relevant bank details for refund of the Deposit and ShiokFarm shall use best commercial efforts to refund the applicable Deposit within thirty (30) days of the end date of the relevant Subscription. ShiokFarm takes no responsibility for a Member’s failure to provide accurate bank details.
5. Price Payment
All Prices are inclusive of charges for picking up, packing and, when applicable, shipping to the relevant delivery address (as further detailed in section 6).
ShiokFarm reserves the right to change the Prices detailed on the Website. In the event of increase of the Subscription Fees due to an increase in ShiokFarm’s sourcing/delivery costs and/or other business-related expenses, (i) ShiokFarm shall serve a written notice to the Members to their registered email address to inform them about the price change applicable to the delivery following such a notice and (ii) the Members who do not wish to accept a Subscription Fees increase have the right to terminate the relevant Subscription(s) affected by the price change with immediate effect (excluding any orders already processed for delivery), provided that they emailed email@example.com within seven (7) days of the receipt of the price increase notice.
The Subscription Fees shall be prepaid on a monthly basis. The Member’s Registered Card shall automatically be charged for the chosen Subscription(s) on (i) the twentieth (20th) day of each calendar month for Support Our Farmers Subscriptions, and (ii) the twenty-fifth (25th) day of each calendar month for Wine Products Subscriptions.
A late payment to ShiokFarm for whatever reason (including without limitation if the Member’s bank delays the payment, or if the card has reached its monthly limit, or has expired) may result in a suspension of the Subscription. In the event ShiokFarm is refused authority from a Member’s Registered Card issuer for payment or ShiokFarm reasonably believes that payment will be refused, ShiokFarm reserves the right to suspend deliveries and/or to terminate the Subscription(s) and not refund the Deposit to the Member.
6. Delivery, Risk and Inspection
a. Options and details of delivery
i. Delivery of Top Up Products, under Fruits @ The Office or under the Wine Product Subscription
A. Location and time of delivery
ShiokFarm will deliver (i) the Top Up Products, (ii) the Fresh Products under the Flexible Plan and (iii) the Wine Products under the Wine Product Subscription to the address provided by the Customer/Member., which may be either the Customer’s residence, office address or a friend’s home address.
Members under the Wine Products Subscription and Customers under the Flexible Plan can update their registered address at any time by logging into the Website and visiting the “My Account” page and the change shall be effective within the next 7 days.
ShiokFarm and/or its logistics vendor shall call the Member to arrange the Wine Box delivery between 9am and 6pm on weekdays. Unless ShiokFarm informs the Customer that this delivery fee is included in the Purchase’s price, deliveries after 6pm on weekdays and on week-ends are subject to a delivery charge of $15 and $30 respectively cash on delivery).
When ordering a Subscription for Wine Products, the Member will be asked to specify a Preferred Delivery Time. ShiokFarm endeavours to deliver the Wine Box within such a Preferred Delivery Time and the Member/Customer accepts the risk that occasionally, due to circumstances which ShiokFarm did not foresee, delivery times may be outside your Preferred Delivery Time. ShiokFarm shall not be held responsible for any inconvenience or damage resulting from late delivery.
Delivery of Wine Products: Please note that Wine Products may not be delivered to any person under the age of eighteen (18) years. The Customer shall ensure that a person of eighteen (18) years of age or older with appropriate identification is present to accept delivery of any Wine Products, failing which ShiokFarm shall not be liable for refusing to deliver the Wine Products.
B. Unattended delivery
If the Products cannot be delivered due to no fault of ShiokFarm and/or its logistics vendor (for example, if no one is at the delivery location to receive the Products during the designated Preferred Delivery Time), ShiokFarm or its vendor shall call the Customer/Member on the contact numbers provided on the Customer’s/Member’s account.
- If contact is made on the first call, ShiokFarm shall deliver once more at a mutually agreed time. In the event such re-delivery fails due to no fault of ShiokFarm and/or its logistics vendor, ShiokFarm reserves the right to cancel the relevant order without refund and/or charge a re-delivery fee.
- If contact cannot be made on the first call after the original delivery attempt, the Products shall be returned to ShiokFarm or its vendor’s warehouse and re-delivery shall be attempted the following month. If the Purchase is unable to be delivered the following month (due to no fault of ShiokFarm and/or its vendor), ShiokFarm reserves the right to cancel the relevant order without refund.
- If contact cannot be made on the first call after the original delivery attempt for the Purchase of Top Up Products or under the Flexible Plan, ShiokFarm may leave the delivery at the doorstep at the Customer’s risks.
C. Doorstep delivery
The Customer/Member may request via the Website and, at the time of Purchase for the Products or at least 2 business days before the scheduled delivery, to be left on the doorstep of the provided address if no-one is home at the time of delivery. The Customer/Member acknowledges and agrees that the risk of loss and damage to any the Products passes on to the Customer/Member at the time ShiokFarm or its logistics vendor leaves the Products at the doorstep..
ii. Delivery under the Support Our Farmers Subscription or under the Flexible Plan
ShiokFarm shall deliver the Fresh Products under the Support Our Farmers Subscription either to a Collection Point or to the address provided by the Member (which may be either the Member’s residence or a friend’s home address).
Delivery to a Collection Point: The Member is responsible for making suitable arrangements to collect the Fresh Products from the assigned Collection Point within the designated period. Any failure to collect the Fresh Products within the designated period shall result in the forfeiture/donation of the relevant order and no refunds shall be provided to the Member.
Each Member may designate in a prior written notice to ShiokFarm up to two (2) Authorized Person. .
In order to confirm the content and the collection of the Fresh Products, the Member, an Authorized Person or a Substitute Member (see Section 6.2) shall either (i) sign the order sheet at the Collection Point or (ii) if pre-approved with ShiokFarm, send a picture of the bag with the Member’s name to the relevant WhatsApp phone number communicated by ShiokFarm.
ShiokFarm reserves the right to update at any time the list of Collection Points on the Website and shall notify to the relevant Members the closing of a Collection Point. If a Collection Point is closed, affected Members shall have the right to either be assigned a new Collection Point or to terminate their Support Our Farmers Subscription. The Member shall return to ShiokFarm the carrier bag(s) in which the Fresh Products are delivered (either at the designated Collection Point or to the logistic vendor) the following week and shall sign the relevant order sheet to confirm such a return. In the event of any failure to return carrier bags, ShiokFarm reserves the right to charge the Member for their replacement.
Customers/Members are responsible for the inspection of the Products delivered by ShiokFarm and may notify ShiokFarm within 24 hours of delivery for any defectuous or damaged Products. ShiokFarm shall not replace or accept any responsibility for (i) any defects caused by the Customer’s/Member’s misuse and/or neglect of the Products or by accidents caused while the Products are in the Customer’s/Member’s possession, or (ii) any Wine Products which are more than half empty.
ShiokFarm shall replace the Products acknowledged by ShiokFarm to be defective or damaged without any other liability towards the Member (either at the new delivery under a Subscription or, in the event of a Top Up Products, at another date as communicated by ShiokFarm). For the avoidance of doubt, no refunds shall be made by ShiokFarm.
Both ShiokFarm and its logistics vendor shall not be held responsible for any damage or loss after delivery.
As soon as a Customer makes a Purchase on the Website and creates an account, this Customer (“Customer A”) is automatically enrolled into ShiokFarm’s affiliate program and receives a unique affiliate link. The affiliate program allows the Customer to accumulate points whenever a new Customer (“Customer B”)purchases a Subscription (Flexible Plan, Support Our Farmers, Fruit@TheOffice or Wine Products Subscription) using Customer A’s dedicated affiliate link. Customer B who has bought a new Subscription using an affiliate link will receive a welcome gift as stated in the Referral Program page. Customer A who got awarded points can redeem them by following the step listed in the Referral Program page. The program is also open to non customers. In this case, the user needs to follow the steps listed in the Referral Program page to request to join the program. The affiliate program is bound by the following terms and conditions:
a. The program only applies if Customer B purchases a subscription product as listed in the Fruit & Vegetable Bags page, the Fruit@TheOffice page, and the Wine Product Subscription page.
b. A referral will be valid only if Customer B enrolled is a new subscriber and has never subscribed to a ShiokFarm product before.
c. ShiokFarm reserves the right to change the welcome gift and redeemable products as part of the Referral Program at any time.
d. For the avoidance of doubt, the products awarded as part of this referral program are never subscriptions.
e. After the 10th Referral, Customer A is invited to redeem his/her points since points beyond the 10th referral are not unlocking products of greater value.
f. Redeeming anything will reset Customer A’s points to zero. Even if the value of the product redeemed is the least expensive option listed.
g. ShiokFarm reserves the right to cancel anyone’s enrolment into the Referral Program, in which case points accumulated will remain but new points won’t be added.
h. In order to receive a referral credit, Customer B must use the referral link provided by Customer A.
g. Customer A and Customer B cannot be the same individual, reside in the same household or share the same shipping address.
8. Vacation Form and Substitute Members under Subscriptions
a. Vacation Form
If a Member is unable to collect or receive delivery during any period of the Subscription(s) (for example, when planning a vacation overseas), the Member shall complete and submit a Vacation Form for the relevant Subscription(s) via the Website. The Vacation Form allows to advise ShiokFarm of any dates on which a Member is unable to collect or accept delivery of their Subscription(s), allowing the Member to either (i) appoint a Substitute Member (see Section 7 (b)) to collect or receive delivery of the relevant Subscription(s), or (ii) donate the relevant Subscription(s) to charity, (iii) pause deliveries. The Vacation Form shall be valid only when submitted (i) in the case of Support Our Farmers Subscriptions, at least a week prior to the relevant collection and/or delivery dates or (ii) in the case of Wine Products Subscriptions, at least three (3) working days before the end of the calendar month preceding the month in which the relevant delivery dates occurs.
b. Delivery to a Substitute Member
Following the Vacation Form option, a Member may designate a Substitute Member by providing at the time of submission of the Vacation Form (i) the Substitute Member’s phone number, address and email address and (ii) when you complete the Vacation Form as well as the exact dates on which the Substitute Member will pick up and/or receive delivery of the Subscription(s). The Member is responsible to inform the Substitute Members that ShiokFarm may contact them to provide the relevant collection and/or delivery details for any Products that they will be collecting and/or receiving. The Member acknowledges and agrees that ShiokFarm shall receive the automatic payment from the Member as described in section 4 for the Products during the Subscription(s) regardless of whether the delivery / collection is made to the Member or a Substitute Member and the Member shall be responsible for making his/her own arrangements for reimbursement of such costs from the Substitute Member. ShiokFarm shall not be liable for any failure by the Member to collect such payment from a Substitute Member.
c. Pause your deliveries: a Member can now pause a subscription up to six weeks per year if he/she wishes to. Payments will not be paused and will be credited to the Member's account. The Member will be able to use this credit on any of our Top-Ups for a period of 6 months following your holidays dates. This allows the Member to complete his/her existing bag with the produce of his/her choice, and it will keep our farmers happy as volumes won’t drop.
9. Subscription Modification and Cancellation Rights under Subscriptions
a. Subscription Modification
Any changes to a Member’s Subscription(s) and/or designated Collection Point for Subscriptions shall be requested from ShiokFarm minimum two (2) months’ in advance and shall be subject to ShiokFarm’s prior written approval.
Subscribers to "Fruits @ the Office" have one (1) month's notice.
ShiokFarm will use reasonable endeavours to confirm any requested modifications within ten (10) working days. If you do not receive confirmation from ShiokFarm within such time, please email firstname.lastname@example.org to request for the confirmation of their request’s receipt. Subject to ShiokFarm’s written confirmation, a change shall be effective either (i) from the first day of the calendar month following expiration of the applicable notice period or (ii) at a date unilaterally determined ShiokFarm and notified to the Member.
b. Termination for breach
ShiokFarm may suspend or terminate your Subscription(s) immediately at our reasonable discretion if the Member breaches any of its obligations under these Terms & Conditions.
c. Termination for convenience by ShiokFarm
ShiokFarm may suspend or terminate the service at any time, in ShiokFarm’s sole discretion, by written notice to its Members. Such suspension/termination may be due to supply and/or any other reasons. In the event of suspension pursuant to this section 8 (c), Members shall have the right to terminate any affected Subscription(s) within seven (7) days of the announcement of said suspension and request the return of their deposit and any overpayment, if any.
d. Termination for convenience by the Member
A Member may terminate its Subscription(s) at any time by (i) informing ShiokFarm via the following email email@example.com (a) with a two (2) month’ prior written notice under a Support Our Farmers Subscription or (b) with a one (1) month’ prior written notice under a Wine Products Subscription or Fruit@TheOffice subscription; And (ii) receiving ShiokFarm’s written acknowledgement within ten (10) working days. If the Member does not receive confirmation from ShiokFarm within such time, the Member is responsible to email firstname.lastname@example.org to confirm receipt of the termination notice.
10. Warranties, Liabilities and Force Majeure
a. Liabilities related to the Website
ShiokFarm does not make any express or implied representation or warranty as to the accuracy or completeness of the Website Contents and in general of any information that can be found on the Website or in any other materials provided by ShiokFarm. ShiokFarm shall not be liable for any error or omission in the Website Contents including any damage or injury arising out of or in connection with any access or use of the Website. ShiokFarm excludes all warranties, descriptions, representations or advice rendered as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of any Products to the fullest extent permitted by law.
ShiokFarm accepts no liability for functions contained on the Website and makes no warranty that the Website will operate uninterrupted or error-free or that any defect will be corrected. ShiokFarm does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors, viruses, worms or "Trojan horses." ShiokFarm is not liable for any damage you may suffer as a result of your use of the Website. Any websites or pages to which the Website is linked (other than other websites operated by ShiokFarm) are beyond ShiokFarm’s control and therefore ShiokFarm assumes no liability for those third-party links (including without limitation for their content or for any losses whatsoever that may be incurred as a result of any linking to them). Visiting these third-party links is entirely at your own risk.
While ShiokFarm shall make commercially reasonable efforts to resolve any issues, mistakes and malfunctions related to the Website with third parties which are not under the control of ShiokFarm, ShiokFarm shall not be liable for the acts or omissions of such third parties, including their failure to operate as intended.
b. Liabilities related to the Products
The Members acknowledge and agree that (i) the pictures on the Website may not reflect the Bag Type, Wine Box you receive under your Subscription (s) and that (ii) the weight and contents of each Bag Type and Wine Box as advertised is indicative only and ShiokFarm provides no guarantee as to the exact weight and/or contents of each Product order actually delivered, provided that ShiokFarm uses commercial efforts to fulfil the weight and content of the Bag Type and Wine Box.
ShiokFarm shall not be liable for any claim arising out of any false, deceptive, misleading, unsubstantiated, inaccurate or improper descriptions or depictions of, or representations made or provided by the Member.
ShiokFarm assumes no liability for any adverse reactions (including allergic reactions, food poisoning etc.) that may occur, and shall not be liable for any incidental or consequential damages resulting, from consumption of our Products. For the avoidance of doubt, the Customers assume all risks connected with the use and storage of the Products.
c. Limitations of liability
ShiokFarm’s maximum aggregate liability under or in connection with the Subscriptions provided under these Terms & Conditions shall in no circumstances exceed the Subscription Fees received by ShiokFarm from the relevant Member during the 12-month period prior to the event that gave rise to the claim.
ShiokFarm’s maximum aggregate liability in connection with a Top Up Products or a Flexible Plan shall in no circumstances exceed the Price of this relevant Purchase received by ShiokFarm from the relevant Customer. Except for liability which cannot be restricted or excluded by law, ShiokFarm shall have no liability for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known and whether or not ShiokFarm or the Customer have been advised of or are aware that such damages may be incurred. Notwithstanding the foregoing, ShiokFarm’s liability for death or personal injury resulting from our negligence shall not be limited. These Terms & Conditions state the full extent of ShiokFarm’s obligations and liabilities in respect of the supply of the Products. Any condition, warranty representation or other term concerning the supply of the Products which might otherwise be implied into or incorporated in these Terms & Conditions, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law.
d. Force Majeure
ShiokFarm shall not be liable for any delay or failure in the performance of our obligations hereunder due to events beyond our reasonable control such as, but not limited to, fire, flood, adverse weather, acts of God, strikes, labor disputes, pandemic risk, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
11. Subscription Term
Unless there may be an early termination of a Subscription pursuant to these Terms & Conditions, the term of each Subscription ordered shall be as indicated and selected at the time of the Purchase commencing from the date of receipt of the first order under the relevant Subscription.
12. Amendments of these Terms & Conditions
Each Customer is expected to read these Terms & Conditions from time to time to take note of any changes that ShiokFarm reserves the right to make by posting the updated Terms & Conditions on the Website. Any such changes will apply (i) to any new Customer and (ii) to each Member once notified about the update via email. If a Member does not wish to accept the revised Terms & Conditions, the Member may terminate its Subscription(s) with immediate effect (excluding any orders already processed for delivery) by emailing email@example.com within seven (7) days of the date of notice. If the Member does not terminate its Subscription(s), the Member is deemed to have accepted the change.
13. Personal Data
14. Intellectual Property
The Website and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together, the "Content") are protected by copyright, trade marks and other rights of intellectual property owned by or licensed to ShiokFarm or its partners. You shall not use, modify nor reproduce the Website Contents (in whole or part) for any purpose except as permitted in these Terms & Conditions including, without limitation, on or in connection with another website or publication or for direct commercial gain without ShiokFarm’s prior written consent. Furthermore, any links to the Website must be notified to and approved by ShiokFarm before they are created or steps are taken to create the same.
Except as otherwise expressly provided in Section 7, Customers may not assign, subcontract or otherwise transfer any of their rights under these Terms & Conditions. No waiver by ShiokFarm of any breach of these Terms & Conditions by a Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these Terms & Conditions is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of these Terms & Conditions and the remainder of the provision in question shall not be affected thereby. These Terms & Conditions shall be governed by the laws of Singapore and both you and ShiokFarm agree to submit any dispute to the non-exclusive jurisdiction of the Singapore courts.