TERMS AND CONDITIONS

The HAOS website, products, logo are the exclusive property of Abalone Republic Pte Ltd (“We’, “Our”, or “AR”).

The following terms and conditions govern your use and access of the HAOS’ website and your purchase of products (whether through the HAOS website, email or otherwise) from us.

Application of these Terms and Conditions

By accessing the HAOS website or by ordering products (whether through the HAOS website, e-mail, or otherwise) from us, you acknowledge that you have read, understood and accepted these Terms and Conditions and have agreed to be bound by the same.

Confirmation, Cancellation and Amendment of Orders
1. All orders submitted by you to us (whether through the HAOS website, e-mail, or otherwise) are subject to our acceptance and confirmation. We will accept and confirm your order by sending you an email to inform you that we have accepted and confirmed your order.
2. We reserve the right to accept or reject any order submitted to us in our sole discretion without explanation to you.
3. We reserve the right to cancel any order (or part of the said order) in our sole discretion, for any reason, including without limitation:
  1. the unavailability of the product or service ordered;
  2. an error in the price, description or otherwise of our product or service; or
  3. an error in your order
4. In the event that your order is cancelled by us, the payment made by you and received by us in respect of the said order (subject to clause 2.5 below) will be refunded to you. In this regard, you acknowledge and agree that apart from the refund given to you as stated above, we will not be liable for any loss, damage, cost, liability or expenses (including legal fees) suffered by you and arising from the cancellation.
5. In the event that your order is cancelled by us as a result of you having breached these terms and conditions, we shall be entitled to claim from you a sum representing any expenses, damages, costs or loss that may be suffered or incurred by us arising from or related from your breach. In this regard, we reserve the right to deduct such sum from any payments made by you to us and will refund the balance (if any) to you or claim the shortfall (if any) against you.
6. You may cancel any orders that you have submitted to us by sending us an e-mail (to our e-mail address at order@haos.com.sg) with your cancellation request at least 24 hours before the scheduled date of delivery of the order. In the event of such cancellation, the payment made by you and received by us in respect of the said order will be refunded to you.
7. Other than as provided in clause 2.6 above, we do not permit cancellation of orders that you have submitted to us.
8. We do not permit amendment of any orders after they have been submitted to us. In the event that you wish to amend an order that you have submitted, you should cancel the said order and make a new order reflecting the amended order that you wish to make.
Your Responsibility and Our Liability with Regard Your Orders
1. As we rely on the information provided by you to us to fulfil your orders, it is your responsibility to ensure that the information provided by you to us is accurate and complete at the time of the delivery of your orders. We will not be responsible for any delay or non-performance of our obligations should such delay or non-performance be caused or arise from any inaccurate or incomplete information provided by you to us.
2. The ingredient information labels on our products are provided by us to the best of our knowledge and we neither warrant nor guarantee that the products sold by us do not contain traces of common allergens or other ingredients that persons who consume our food may be allergic to.
3. You acknowledge and agree that we shall not be held liable for any allergic reactions or adverse conditions (that may be caused by or arise from such allergic reaction) that you may suffer from the consumption and/or use of our products.
4. You acknowledge and agree to fully indemnify and hold us harmless from any loss, damage, cost, liability or expenses (including legal fees) caused by or arising from a third party’s consumption and/or use of our products, which have been provided by you (whether directly or indirectly).
5. You acknowledge and agree that you will take all reasonable efforts and precautions in the handling, preparation and consumption of our products. Such precautions include without limitation:
  1. Storing, preparing and consuming our products according to the directions/recommendations included in the product package;
  2. Not consuming our products which have passed their expiry or best before date; and
  3. Storing, preparing and consuming our products in hygienic conditions
6. You acknowledge and agree that we will not be liable for any loss, damage, cost, liability or expenses (including legal fees) suffered by you in the event that you fail to observe the precautions as stipulated in clause 3.5 above.
7. You acknowledge and agree to indemnify and hold us harmless from any loss, damage, cost, liability or expenses (including legal fees) suffered by a third party that is caused by or arising from your failure to observe the precautions as stipulated in clause 3.5 above.
Payment and Delivery of Orders
1. We are not obligated to deliver the products that you have ordered until and unless we have received full payment for your order.
2. While we take the effort to have your orders delivered to you by the scheduled delivery date, we are unable to guarantee delivery by such date as delivery is fulfilled by a third party provider. In this regard, you acknowledge and agree that we will not be liable for any loss, damage, cost, liability or expenses (including legal fees) suffered by you in the event that your order is not delivered to you by the scheduled delivery date.
3. Should you require delivery of our products for use by a certain date, we would recommend that you schedule the delivery of your order to arrive at least 3 clear days ahead of time to avoid disappointment.
4. Delivery of our order will be made to the address as provided by you. If a person other than you receives the products at your provided address, that person shall be deemed to be acting as your agent to receive the delivery of your order on your behalf.

Defective, Damaged, Incorrect or Missing Products
1. All products as advertised by us on the HAOS website or through any other medium are for illustration purposes and the actual products ordered by and delivered to you may differ in size, shape and/or colour due to variations in season and/or the environment of the relevant livestock and/or the preparation methods of our products.
2. Unless the quality, condition, quantity or description of the products delivered to you could not be ascertained from a careful inspection of the same at time of delivery, you or your agent’s signature on the delivery note shall be conclusive evidence that the delivered products are correct, neither spoilt nor damaged, and that there are no products missing from the order delivered to you.
3. You acknowledge and agree that upon inspection at the time of delivery of your order, should you discover that any products are incorrect, spoilt, damaged or missing, you shall notify us within 2 days of your receipt of the order by sending us an e-mail at our address at order@haos.com.sg.
4. You acknowledge and agree that we have the discretion to:
  1. Inspect the delivered products to determine whether there are any products which are in fact incorrect, spoilt, damaged or missing;
  2. Require you to return the spoilt, damage or incorrect products to us before we provide you with any remedy as stated in clause 5.5 below.
5. If we are of the opinion that there are products in your order that are incorrect, spoilt, damaged or missing, we shall at our sole discretion be entitled to:
  1. Replace the spoilt or damage product or provide you with the correct or missing product (as the case may be); or
  2. Refund you the appropriate amount that you had paid for the product which we do not replace or provide you with (as the case may be).
Title of Goods
1. The title in the products ordered by you will only pass to you upon the fulfillment of both the following conditions:
Disclaimer of Warranties
1. The information provided on the HAOs website is provided to you on an “as-is” basis and without warranty or guarantee of any sort, express or implied, including without limitation, the implied warranty of merchantability, or fitness for a particular purpose.
2. While we take reasonable efforts to ensure that the information provided on the HAOS website is correct, we do not guarantee that the website is free from errors or that the products on the website are available at the time of your order. In this regard, we will not be liable for any errors or omissions with respect to any information on the website.
3. The HAOS website may contain links to other websites on the internet that are owned and/or operated by third parties. We are not responsible for the operation or content of any such third-party websites.
Liability and Indemnity
1. We will not be liable for any loss, damage, cost, liability or expenses (including legal fees) that may be caused or arise from your use of the HAOS website, including but not limited to any failure of performance, error, omission, interruption, defect, delay in transmission or computer virus.
2. Save that the products provided by us to you shall be of satisfactory quality, all other conditions, guarantees, representations and warranties implied by statute or otherwise in connect with your access or use (or inability to use) the HAOS website or with the products provided by us are expressly excluded.
3. We engage third-party entities to deliver the products ordered by you. The staff of these entities are not our employees and we will not be liable for the actions and/or omissions of such staff.
4. In the event that we are found to be liable to you for any loss, damage, cost, liability or expenses (including legal fees), you expressly agree that our total liability to you in relation to or arising from:
  1. Any order or any product provided by us shall not exceed twice the price of the product giving rise to any such claim; and
  2. All other cases (including but not limited to your use of the HAOS website) shall not exceed $100.00
5. You undertake and agree to indemnify and hold harmless AR and its directors, officers and affiliated companies against any loss, damage, cost, liability or expenses (including legal fees) in relation to any claim arising out of or in connection with a breach by you of any of these terms and conditions.
Copyright and Intellectual Property
1. The content of the HAOS website, which include but are not limited to, the text, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products and processes, are the property of AR or its affiliated companies, or are used with the authorisation of its owners and are accordingly, protected by copyright, trademark, patent and all other intellectual property rights which exist under applicable law.
2. Nothing in the HAOS website shall be interpreted or construed as granting you a license or a right to use any such content for your own personal and/or commercial purposes.
Termination
1. We reserve the right to terminate your access to the HAOS website, your account with the website, and/or your contract with us for the provision of our products without any prior notice to you should we be of the view that you have breached any of the terms and conditions herein
Frustration

In the event of any circumstance arising which are not within our control (including but not limited to any act of God, governmental act, fire, flood, explosion, strike or labour dispute), we shall not be liable to you for any delay or non-performance of our obligations.

Severability

If any one or more of the provisions of these terms and conditions or part thereof is determined to be or becomes illegal, invalid or unenforceable in any respect, the said clause or part thereof shall be ineffective to the extent of such illegality, invalidity or unenforceability without invalidating the remaining provisions hereof.

Waiver

Unless expressly provided by us, no act or omission by us shall constitute a waiver or variation of any of our rights under this terms and conditions or operate to bar our exercise or enforcement of any such rights at any subsequent time.

Entire Agreement

These terms and conditions contain the entire agreement between AR and you in relation to its subject matter and it supersedes and cancels any previous agreement between parties in relation to the subject matter herein.

Third Party Rights

Unless provided to the contrary in these terms and conditions, a person who is not party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B to enforce or to enjoy the benefit of any provision of these terms and conditions.

Variation of Terms and Conditions

We reserve the right to amend these terms and conditions at any time by posting an amended version of the same on the HAOS website. It is your responsibility to check our Website periodically for our updated terms and conditions. Your continued use of the HAOS website or your order of our products following any such update to these terms and conditions constitutes your acceptance and agreement to be bound by the amended terms and conditions.

Governing Law and Jurisdiction

These terms and conditions shall be governed by the Laws of the Republic of Singapore and the parties agree to submit to the exclusive jurisdiction of the Courts of Singapore.

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