Terms & Conditions

Welcome to the AWS Market Website – www.awsmarket.com.sg. The AWS Market Website is owned and operated by AWS Market Pte Ltd. (“AWSMarket ”, “we,” “us,” “our”). This Agreement is a contract between you and AWS Market Pte Ltd. By using the AWS Market Website, you are bound by this Agreement, our Privacy Policy all disclaimers and terms and conditions that appear elsewhere on the AWS Market Website.

GENERAL

In these terms and conditions the following expressions shall have the following meanings, unless the context otherwise requires: “Customer” shall mean you and all other persons who purchase the products under your Login. “Intellectual Property” shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof. “Login” shall mean a Customer’s online access to AWS Market Website under that Customer’s registration. “Product/Products” shall mean any and all the products for sale by AWS Market Website. “AWS Market” shall mean AWS Market Pte. Ltd. who is the seller of the products by AWS Market Website. “AWS Market Website” shall mean this Internet site, any Microsite or catalogues owned by AWS Market and the medium by which Products are offered for sale by AWS Market to the Customer. All the Products sold by AWS Market through this site are sold subject to these Terms and Conditions. By submitting your order for processing by AWS Market Website, you confirm and affirm that you have read, understood and agree to the Terms and Conditions in the form in which they appear at the time your order is submitted for processing. These terms and conditions shall prevail over any other document purporting to have a contractual effect including any store policy at AWS Market outlets and AWS Market partner outlets. The Customer shall agree to complete the registration process according to requirements by AWS Market as stated on this site. The Customer shall provide AWS Market with complete and updated information, which shall include (but shall not be limited to) the Customer’s legal name, address, telephone and e-mail address. Registration is open only to residents in Singapore aged 18 and above. AWS Market has the absolute discretion to refuse the registration of a potential customer for any reason whatsoever and to terminate the registration of any of its Customers for any reason whatsoever. The Customer will be liable for every order made under his/her Login and agrees to indemnify AWS Market for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customer’s Login. The Customer shall be responsible for updating his/her registration information. The Customer may place his order via our website at www.awsmarket.com.sg. The Customer will receive a confirmation of receipt of order via e-mail. For clarification, such confirmation of receipt of orders does not guarantee stock availability. Free delivery to one location with purchase of $60 and above in one receipt. Additional delivery charge may apply for any other special arrangement such as special timing, location, etc. AWS Market shall make every effort to fulfill orders placed by Customers through the AWS Market Website, but AWS Market shall not be liable to any person if AWS Market shall decline to fulfill an order for whatever reason, or if AWS Market is unable to supply an order because of an unforeseen change to the Products (as the case may be), or because the Products may be unavailable. Access to AWS Market Website is gained through use of a personal login ID. The Customer shall ensure that his login ID is kept strictly confidential to prevent unauthorized use. AWS Market shall use its best endeavors to prevent any unauthorized entry to the AWS Market Website. However, AWS Market shall not be liable for any damages or losses whatsoever if any third party gains unauthorized access to the AWS Market Website. If the AWS Market Website includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, are delivered to your device even when it is running in the background. You have the ability, and it is your responsibility, to control the notifications you do, or do not, receive through your device.

CUSTOMER REGISTRATION

A customer must register an account in order to make a purchase from the AWS Market Website. The Customer warrants that all information and data provided at the point of registration is accurate, complete and up to date. This is so we can provide the Customer with easy access to order information, view past orders and modify preferences. The Customer shall promptly inform AWS Market Website if there is a change to this information or data. In order to make a purchase from AWS Market Website, the customer shall nominate a delivery address within the mainland of Singapore. AWS Market Website shall not be obliged to deliver goods to an area outside the mainland of Singapore.

ORDER AND PRICE

AWS Market shall make every effort to ensure that the prices, details and sizes of products detailed by AWS Market Website are correct but AWS Market reserves the right to vary the price and other details of the products without notice. In respect of online orders which have been accepted, variances between the online bill and the final bill may arise due to, out-of-stock products, replacement, special offers, daily price changes, weighed items, mislabeling and or/incorrect pricing. In such event, AWS Market reserves the rights to adjust the final bill notwithstanding that the online bill has already been presented or sent to the Customer, and the Customer shall be bound by any such adjustment, which will be marked on the final bill presented to you upon delivery. Product pictures provided on the AWS Market Website are provided to help recognize products. Due to packaging redesign and improvements these may not reflect exactly on the pack you receive. At times the pictures of the products on the Website may differ from the products actually delivered. We take all reasonable care to ensure that all descriptions, size, details and prices of products appearing on the Website are correct at the time when the information was inputted onto the system. The information appearing on this Website at any time may not reflect the exact position at the moment you place an order. Should there be any discrepancy, please email us at support@awsmarket.com.sg by the next working day. AWS Market reserves the rights to provide the best available size of the product corresponding to the price quoted or the nearest size at the nearest price. We reserve the right to correct any inaccuracies in the price and other details of products without prior notice, and the Customer will be bound by any adjustment to the price or description of the products notwithstanding our acceptance of the Customer’s order. AWS Market may (but do not undertake to) inform the Customer of any changes or adjustments in the pricing or description of any product before it is due for delivery. While AWS Market makes every reasonable effort to fulfill the Customers’ orders, AWS Market reserves the rights to decline an order for whatever reason, including but not limited to the following: Out of stock situation The product(s) you have ordered is no longer available One or more of the Products you ordered was listed at an incorrect price due to typo pricing error Unforeseen circumstances – Act of God If AWS Market cancels your order, AWS Market will notify you by email or phone and refund to you any sum paid by you to AWS Market in respect of such order as soon as possible. AWS Market will not be obliged to offer any additional compensation for disappointment or inconvenience caused. AWS Market shall also not be liable for any loss or damage whatsoever arising from such refusal/ cancellation of your order/contract. Products in your order are charged at the purchase price applicable at the time submit an order and as shown on the order confirmation, except:

If you have given instruction to accept a substitute product, in which case the substitute product will be charged at the price at the time the substitute product is scanned for your order; and If you have purchased a product that is priced per kilo, in which case the actual purchase price for the product is calculated by AWS Market after the product has been weighed. In the event of different special offers or promotions being made available to the Customer simultaneously for the same Product, the Customer may elect one such offer or promotion per Product but shall not be entitled to a combination of all such offers or promotions per Product. If the Customer requests a variation to the order which AWS Market accepts then the price payable for the order will be adjusted accordingly to reflect the variation and shall be recorded on the final bill presented to the Customer at the time of delivery. AWS Market may from time to time set credit limits for individual Customers and AWS Market reserves the right to limit sales including the right to prohibit sales to resellers or to any Customer. For orders less than S$60 per delivery, there will be a delivery charge that varies depending on your delivery address, but will not exceed S$50 per delivery. Free delivery for order value S$60 or more per delivery. Additional delivery charges of up to S$50 may apply for special circumstances and arrangement or re-schedule delivery if first delivery attempt failed due to nobody at home to receive the Delivery. You may vary or cancel the order up to the point in time that AWS Market has commenced processing the order and you will not incur any cost in doing so. Orders cancellation will not be entertained once AWS Market has commenced the order. Any request to cancel or vary your order is subject to mutual agreement at the sole discretion of AWS Market. Refunds (if any) will be made as soon as possible. Subject to the Customer’s consent, AWS Market may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable. If there is no prior consent from the customer for a substitution, no substitution shall be made.

PAYMENT

The acceptable payment for Products ordered through AWS Market Website is through online payment via Visa, Mastercard or American Express. If the Customer’s credit card is declined by its financial institution, AWS Market reserves the right to refuse delivery of Products to its Customers. AWS Market may change at any time the method by which payments for AWS Market Website orders may be effected and such changes may be notified to the Customer by e-mail, mail or by placing a notice to this effect on the AWS Market Website.

PROMOTIONS/DISCOUNTS

First timer purchased is valid till 11.59pm, 30 April 2017 only. Discount is valid for new customers only. Discount is applicable for first & single use only and cannot be combined with other codes. Voucher is only applicable on the price of the product and cannot be used to offset delivery charges.

Discount is valid only on the AWS Market website. Discounts are not exchangeable for cash. AWS Market may change these Terms and Conditions or discontinue any promotions at any time without notice. Any change to these Terms and Conditions will take effect immediately, unless stated otherwise. While stocks last. We reserve the right to limit quantities. Prices are correct at time of printing. Traders not allowed.

Survey participant promotion is valid till 11.59pm, 30 April 2017 only. Discount is valid for customers who have completed AWS Market survey only. Discount is applicable for first & single use only and cannot be combined with other codes. Voucher is only applicable on the price of the product and cannot be used to offset delivery charges.

Updated: 14 February 2017

DELIVERY

While we make every reasonable effort to deliver Products of acceptable quality to the delivery address (specified by the Customer on the registration form) within the time frame selected by the Customer, we shall not be liable for any delays in its delivery services, if the delay has been due to causes beyond the control of AWS Market. We shall not be liable for any damages or losses arising from such late or cancelled delivery. AWS Market will only deliver to mainland Singapore. However, we reserve the rights to restrict deliveries to certain areas. No delivery services shall be available on Monday & Public Holidays and Delivery slots are subjected to availability. The Customer is to notify AWS Market immediately of a change to his/her delivery address and contact number. For food hygiene purposes, no deliveries shall be left outside the door. All deliveries shall be acknowledged and signed off by you and the time of delivery noted on our copy of the sales invoice. It is your responsibility to ensure that an appropriate person is present to acknowledge the delivery. If no one is at home and there is a missed delivery, we will leave notification of delivery and will contact you as soon as we can to reschedule another delivery time and date. We reserve the rights to charge you a re-delivery fee of S$50. AWS Market shall deliver the Products to you at nominated delivery address. AWS Market will not commit to delivery beyond the Front Door of the Customer’s home or office building. Front Door refers to the front door or a point beyond which entry into the interior of the building occurs. If AWS Market is requested to deliver beyond the Front Door, AWS Market (including its officers, employees, contractors and agents) shall be indemnified and held harmless from any Loss suffered or incurred in connection with the delivery of the Products beyond the Front Door. ‘Loss’ means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage. If the delivery includes alcoholic drinks or any other items which may not be delivered to a minor, a person of 18 years of age or older with appropriate identification must be present to take delivery of the alcoholic drinks or other items. It is your responsibility to ensure that no person or persons who is/are prohibited from buying liquor products shall use your registration details/login to purchase such products. If in the case of such a delivery, no person of 18 years of age or older is present, delivery shall be attempted at another time and AWS Market reserves the right to charge the Customer an additional re-delivery fee of S$50. All risk in the Products shall pass to the Customer upon delivery to the Customer’s delivery address. Once products have been delivered to you, they will be held at your own risk and we will not be liable for their loss, damage or destruction. But AWS Market shall retain title in the Products until such time as payment for the Products has been effected. It is your responsibility to take interest of the products without delay. We shall not be liable for any deterioration in the quality of the products due to miss delivery. You should also, for your own interest, comply fully with the safety handling instructions for use and storage that may be found on the packaging of the delivered products. In the event that products delivered to you are not what you ordered or are damaged or defective or delivery is of an incorrect quantity, we shall not be liable to you unless you notify us at the point of delivery or before close of business on the next working day. If you notify a problem to us within this timeframe, our only obligation will be: a. to make good the shortage or non-delivery of the products b. to replace the products in accordance or refund you (in part of in whole) the amount paid by you for the products for damaged or defective products at the time of delivery.

WARRANTY AND LIABILITY

1. By accessing and using this Website, you agree and accept that the use of the service and the internet is entirely at your own risk. We will not be liable for any loss or damage of any kind, direct, indirect, incidental, consequential or punitive, or for loss or misuse of data, or loss of income or profit arising out of or in connection with the use of or the inability to use this Website.

2. The Website and its contents are provided on an “as is”, “as available” basis. To the fullest extent permitted by law, we disclaim all representation and warranties (whether express or implied and whether imposed or implied by statute, at common law or otherwise) availability, accuracy or content of information, products or services, and warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the functions provided by or associated with this Website will be uninterrupted or error free, or that this Website or the server that makes it available is free from viruses or other harmful components.

3. We give no representation or undertaking and shall be bound by condition, warranty or other obligation (whether express or implied and whether imposed or implied by statute, at common law or otherwise) concerning the condition, quality, physical state or attributes, location, origin, fitness or suitability for any purpose, or conformity with description or sample, of the products, and in this connection all liability on our part is excluded.

4. We do not adopt any representation, warranty, advice or information given by any manufacturer or merchant or otherwise with or relating to the products, and we assume no obligation or liability for such representation, warranty, advice or information or for any inaccuracy or misstatement of the same.

5. Nothing stated by any salesperson, agent, employee or other representative on our behalf should be understood as a variation of the contract between us and/or these terms and conditions, or as an authorized representation or warranty about the nature of quality or such other matters relating to the products, and we shall not in any way be bound by any such unauthorized representation/warranty.

6. We shall not be liable to you for any indirect, consequential or special damage or loss arising from any defect in or non-compliance of the products or any other breach of our obligations herein.

7. Nothing in these terms and conditions is intended to affect or limit your statutory rights as a consumer (where you deal as a consumer as defined in the Unfair contract terms act (cap.396)) where such statutory rights cannot be excluded or restricted. Further, nothing in these terms and conditions excludes or restricts our liability for fraud, or for death or personal injury caused by our negligence in the course of our business.

8. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that AWSMarket assumes no obligation or liability for any advice or information given with the Products and AWS Market shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer’s risk.

INTELLECTUAL PROPERTY RIGHTS

All logos, copyright, trademarks and other intellectual property rights in all contents, materials, concepts and graphics supplied as part of this Website shall remain at all times our property or the property of our suppliers or other third party content providers, as the case may be. You are not permitted to use or reproduce any of these materials in any way without the relevant third party proprietor(s) prior written approval.

CONTENT

All reasonable efforts are made to ensure that the information provided on this Website is correct and up-to-date. However, AWS Market disclaims all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on the site. AWS Market takes no responsibility and assumes no liability for the content of the site or for anything posted on or linked to it, including without limitation any mistake, error, omission, infringement, defamation, falsehood, or other material or omission that might offend or otherwise give rise to any claim or complaint.

USER REVIEWS, COMMENTS, RECIPES AND SUBMISSIONS

If the AWS Market Website allows you to submit reviews, comments, recipes and other communications, photos, videos, or any other content (“User Content”) through or to the AWS Market Website, AWS Market welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions.

You agree that any User Content that you submit:

(i) will be accurate;

(ii) will not violate or facilitate the violation of any law or regulation;

(iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights;

(iv) will not cause injury to any person or entity; and

(v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and AWSMarket assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion:

(i) monitor User Content;

(ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or

(iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.

For any User Content you submit, you grant to AWS Market a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to AWS Market the right, without any obligation, to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the AWS Market Website. Please note that visitors to the AWS Market Website may post content that is inaccurate, misleading, or deceptive. AWS Market neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. AWS Market will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of AWS Market.

FORCE MAJEURE

1. If the performance by AWS Market of its obligations under the AWS Market Website is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the government of Singapore or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of AWS Market), AWS Market shall be excused from such performance to the extent of such prevention.

MISCELLANEOUS

1. No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

2. AWS Market reserves the right to amend these Terms and Conditions in its sole discretion. AWS Market may, but does not undertake to, notify the Customer of such changes. It is the Customer’s responsibility to review the Terms and Conditions prior to submitting any order and AWS Market shall have no responsibility to notify the Customer of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.

3. Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this Agreement shall not be affected.

4. Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of Singapore.

5. The Website is owned and operated by AWS Market Pte Ltd., a company registered in Singapore whose registered office is at. If you have any queries please contact Customer Services at support@awsmarket.com.sg.

LIMITATION OF LIABILITY

1. AWS Market cannot and does not represent or warrant that the AWS Market Website or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.

THE AWS MARKET WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AWSMARKET WEBSITE (COLLECTIVELY, THE “AWSMARKET WEBSITE CONTENTS”) ARE PROVIDED BY AWSMARKET ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. AWS MARKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AWS MARKET WEBSITE, THE ACCURACY OR COMPLETENESS OF THE AWSMARKET WEBSITE CONTENTS, OR THAT EMAILS SENT FROM AWSMARKET ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AWSMARKET WEBSITE IS AT YOUR SOLE RISK. AWS MARKET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE AWSMARKET WEBSITE OR THE AWS MARKET WEBSITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY AWS MARKET IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, AWS MARKET DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE AWS MARKET WEBSITE AND THE AWS MARKET WEBSITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE AWS MARKET WEBSITE, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH PROVIDER AND NOT BY AWSMARKET.

IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE AWS MARKET WEBSITE, AWS MARKET DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR AWS MARKET WEBSITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

THIRD PARTY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS, OR SERVICES OR POP-UP TEXTS OR LINKS TO THIRD PARTY APPLICATIONS MAY APPEAR ON THE AWS MARKET WEBSITE. IN NO EVENT WILL AWS MARKET BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE AWS MARKET WEBSITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION. IF YOU DECIDE TO LINK TO ANY SUCH THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.

HEALTHCARE INFORMATION IF THE AWS MARKET WEBSITE INCLUDES HEALTHCARE OR NUTRITIONAL INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.