Terms and Condition of Service
Welcome to www.CaterInc.co! These Terms of Service describe the terms and conditions applicable to your access and use of the websites, mobile sites, mobile applications, and other portals owned, operated, branded or made available by CaterInc.com (defined below) from time to time which relate to:
The services offered by CaterInc.co under the Terms of Service include various products and services to help you buy, sell and rent, whether online by enabling you to create and build your own online store, in person, or both. Any such services offered by CaterInc.co are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.
CaterInc.co reserves the right to update and change the Terms of Service by posting updates and changes to the CaterInc website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.
2. Use of the Services
2.1 Technical support in respect of the Services is only provided to CaterInc Users.
2.2 The Terms of Service shall be governed by and interpreted in accordance with the laws of the Country of Singapore applicable therein, without regard to principles of conflicts of laws.
2.3 You acknowledge and agree that CaterInc may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on CaterInc’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to CaterInc’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. You may choose not to use the Service if you disagree with any changes to the Terms of Service.
2.4 You should not use the CaterInc Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
2.5 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by CaterInc.
2.6 All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. CaterInc shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without CaterInc’s prior written consent, to be given or withheld in CaterInc’s sole discretion.
2.7 If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
3.1 To access and use the Services, you must register for a CaterInc.com account by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. CaterInc may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
3.2 You must be older than 18 years, or at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account. If you are under 18 years of age, you may only use the Service with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
3.3 You confirm that you are receiving any Services provided by CaterInc for the purposes of carrying on a business activity and not for any personal, household or family purpose.
3.4 You acknowledge that CaterInc will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to CaterInc and your primary Account email address must be capable of both sending and receiving messages. Your email communications with CaterInc can only be authenticated if they come from your primary Account email address.
3.5 You are responsible for keeping your password secure. CaterInc cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
3.6 You acknowledge that you are responsible for the creation and operation of your CaterInc Store.
3.7 You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
3.8 A breach or violation of any term in the Terms of Service, including the Acceptable Use Policy, as determined in the sole discretion of CaterInc may result in an immediate termination of your Services.
You are responsible for your Account and any Materials you upload to the CaterInc Service. Remember that if you violate these terms we may cancel your service.
If we need to reach you, we will send you an email.
4. Account Activation
4.1.1 The person signing up for the Service by opening an Account will be the contracting party (“Vendor”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Vendor in connection with the Service. You are responsible for ensuring that the name of the Vendor (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
4.1.2 The Vendor must be a registered business in Singapore. All transactions are solely within the jurisdiction of Singapore.
4.1.3 If you are signing up for the Services on behalf of your employer, your employer shall be the Vendor. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
4.1.4 The Vendor and the users are each referred to as a “CaterInc User”.
5. Purchase and Payment
All transactions amount will be held by CaterInc.co and will be released to the vendor once the goods and services had been delivered
CaterInc supports one or more of the following payment methods:
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated CaterInc Guarantee Account. Buyer must provide CaterInc with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function.
CaterInc does not provide refunds.
6. CaterInc Rights
6.7 In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
6.8 CaterInc retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, CaterInc reserves the right to temporarily disable an Account until a resolution has been determined between the disputing parties.
6.9 CaterInc and the Team will not be held responsible and liable for any damages; delay, undelivered product and services, any payment discrepancies, and other agreements between vendors and customers.
7.1 “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. CaterInc’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
7.2 Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment.
8. Limitation of Liability
8.1 You expressly understand and agree that, to the extent permitted by applicable laws, CaterInc shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
8.2 To the extent permitted by applicable laws, in no event shall CaterInc or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, CaterInc partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
8.3 Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
8.4 CaterInc does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
8.5 CaterInc does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
8.6 CaterInc is not responsible for any of your tax obligations or liabilities related to the use of CaterInc’s Services.
8.7 CaterInc does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
9. Intellectual Property and Customer Content
9.1 We do not claim any intellectual property rights over the Materials you provide to the CaterInc Service. All Materials you upload to your CaterInc Store remain yours. You can remove your CaterInc Store at any time by deleting your Account.
9.2 By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow CaterInc to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that CaterInc can, at any time, review and delete all the Materials submitted to its Service, although CaterInc is not obligated to do so.
9.3 You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
9.4 CaterInc shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
10. CaterInc Shipping
10.1 The Customer is the first to place a delivery order. The Customer will provide all the information necessary for the delivery to arrive correctly. It is the responsibility of the customer to shoulder the shipping fee. The vendor is responsible for ensuring all the information (including delivery fees ) specified by the vendor using the Shipping Service is correct. The vendor shall charge only the delivery fees applicable to the delivery method chosen by the customer in accordance with this section, as required at the time when the customer places an order.
10.2 Vendors are solely responsible for delivering sold items to customers via the delivery option chosen by the customer. You acknowledge and agree that CaterInc has no control over any delivery of the items sold through the Platform, including but not limited to the delivery fees and method specified by vendors.
10.3 It is necessary that the customer always track the delivery and/or registered delivery option as they bear the risk of any lost deliveries in the event of an untracked delivery. In the event of any tracked delivery that does not arrive, a seller may be required to provide valid proof of delivery that allows CaterInc to verify that the item was dispatched to the address provided by the buyer for the specific order. In any event, CaterInc is not responsible for any delays, delivery failures, damages, or losses resulting from the Shipping Services.
11. Cancellation and Termination
11.1 You may cancel your Account and terminate the Terms of Service at any time by contacting CaterInc Support and then following the specific instructions indicated to you in CaterInc’s response.
11.2 Upon termination of the Services by either party for any reason:
11.2.1 CaterInc will cease providing you with the Services and you will no longer be able to access your Account;
11.2.2 unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
11.2.3 any outstanding balance owed to CaterInc for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
11.2.4 your Store website will be taken offline.
11.2.5 If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
11.2.6 We reserve the right to modify or terminate the CaterInc Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
11.2.7 Fraud: Without limiting any other remedies, CaterInc may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
12. Feedback and Reviews
CaterInc welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider to CaterInc be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to CaterInc you waive any and all rights in the Feedback and that CaterInc is free to implement and use the Feedback if desired, as provided by you or as modified by Caterinc, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to CaterInc must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. CaterInc reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
13. Rights of Third Parties
Save for CaterInc and its affiliates, CaterInc Users or anyone accessing CaterInc Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
14. Privacy and Data Collection