Terms of Use

Effective as of 1 Nov 2018

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone. By accessing, the CHEWAPP website or mobile application, or any other feature or other CHEWAPP platform (collectively “Platform”) you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

 

DEFINITIONS

"CHEWAPP", "us", "we" or "our" means CHEWAPP Pte. Ltd., a private limited company incorporated under the laws of Singapore and having its registered address at 10 Kaki Bukit Road 2, #03-29, First East Centre, Singapore (417868).

"Platform" means the (mobile) website and app on which the Delivery Service is made available, controlled, managed, maintained and/or hosted by CHEWAPP.

"Soon Chew" or "Willing Hand" means the helper/s who access/es the Platform to receive and fulfil delivery opportunities (the "Delivery Service").

"Kee Chew" or "Requester" means the consumer/s who access/es the Platform to put up request for "Merchandise" to be purchased and delivered.

"Delivery Service" means accepting requests by Soon Chew, purchasing and delivering the "Merchandise" to the Kee Chew at the agreed Service Location.

"Merchandise" means food and other consumable items and specifically excludes controlled and prohibited goods.

"Service Location" means the location where Merchandises are bought and finally delivered.

“User” means Kee Chew or Soon Chew

“Matching Service” means the platform providing information for Soon Chew and Kee Chew to decide on offering or accepting Delivery Service.

“Service Fee” means the fee for the Delivery Service performed by Soon Chew / Willing Hands.

“Platform Fee” means the fee levied by the Platform for the service performed to match Soon Chew / Willing Hand and Kee Chew / Requester.

SCOPE AND NATURE OF OUR SERVICE

Our mission is to empower the community to share and help, by offering a simple platform to connect on the one end, people (Kee Chew or Requester) who require service and on the other end, people (Soon Chew or Willing Hand) who are willing to give a helping hand. Specifically, we connect consumers to willing hands to facilitate community-based, peer-to-peer on-demand Delivery Services. Through this Platform, Kee Chew may request Merchandise to be purchased and delivered to them from food establishments and nearby Soon Chew may receive, accept and fulfil these requests.

By using or utilizing the Platform’s Matching Service, (e.g. by making or accepting a request for Delivery Service), you enter a peer-to-peer relationship with the other party (Soon Chew or Kee Chew). From the point at which you make or accept the Delivery Service, we act solely as an intermediary between the parties (Soon Chew and Kee Chew), transmitting the relevant details of your request or acceptance and sending confirmation notices. CHEWAPP is not a retail store, restaurant, food stall or entity offering delivery or courier service or food preparation service. CHEWAPP provides online information and avenue to connect Soon Chew and Kee Chew. Soon Chew are not contractors or employees of CHEWAPP and thus CHEWAPP has no responsibility or liability over any Soon Chew.

When rendering our matching service, the information that we disclose is based on the information provided to us by the Users. Although we will use reasonable skill and care in performing our Matching Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.

Each User always remains responsible for the accuracy, completeness and correctness of the (descriptive) information (including the food and fees/prices, user terms & conditions and availability) displayed on our Platform.

Our Matching Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our Platform for any commercial or competitive activity or purpose.

MODIFICATION

CHEWAPP reserves the right, at its sole discretion, to modify the Platform or to modify these terms and conditions, including the Platform Fees, at any time and without prior notice. If we modify these terms and conditions, we will post the modification on the Platform or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these terms and conditions. By continuing to access or use the Platform after we have posted a modification, you are indicating that you agree to be bound by the modified terms and conditions. If the modified terms and conditions are not acceptable to you, your only recourse is to cease using the Platform.

NO ENDORSEMENT

Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of User made available. In addition, although these terms and conditions require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any User’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Platform. We will not be responsible for any damage or harm resulting from your interactions with other Users.

By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from CHEWAPP with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Platform regarding any Delivery Service made by you.

PRIVACY AND COOKIES

CHEWAPP respects your privacy. Please have a look at our Personal Data Protection Notice for further information.

PRICE, PAYMENT, REFUND AND CANCELLATION

CHEWAPP works with various payment gateway partners and will not be liable for any loss of conversion in payout due to the rate of currency conversion and any fees charge based on the payment partner, such as Credit Cards, GIRO Bank Transfer, TT or any other payment method employed.

When a Soon Chew / Willing Hand offers, and a Kee Chew / Requester accepts the Delivery Service, the Kee Chew / Requester will be prompted to make the full payment to CHEWAPP.

If the Soon Chew / Willing Hand has confirmed delivery and if there’s no dispute, CHEWAPP will transfer the reimbursement automatically within 7 days even if there’s no acknowledgement from the Kee Chew / Requester. All withdrawals / transfers from your CHEWAPP account to your bank account attracts bank charges which will be borne by you.

Soon Chew / Willing Hand and Kee Chew / Requester shall settle any disputes privately to come to a settlement. CHEWAPP is not liable to refund any Platform fee. CHEWAPP will assist to the best ability to resolve and mediate any dispute if necessary and has the final say.

USER’S CONDUCT

You understand and agree that you are solely responsible for compliance with all laws, rules, regulations, and obligations that may apply to your use of the Platform. In connection with your use of our Platform, you may not, and you agree that you will not:

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CHEWAPP or any of CHEWAPP’s providers or any other third party (including another user) to protect the Platform;

  • abuse any reward, referral system or promotions by creating multiple fake accounts to complete multiple transactions;

  • use the Platform for any commercial or other purposes that are not expressly permitted by these terms and conditions;

  • copy, store or otherwise access any information contained on the Platform for purposes not expressly permitted by these terms and conditions;

  • use our Platform to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

  • use our Platform in connection with the distribution of unsolicited commercial email / message (“spam”) or advertisements unrelated to Platform;

  • stalk or harass any other user of our Platform or collect or store any personally identifiable information about any other user other than for purposes of transacting as an CHEWAPP User;

  • contact a Kee Chew / Soon Chew for any purpose other than asking a question related to a Delivery Service;

  • when acting as a visitor or otherwise, recruit or otherwise solicit any User to join third party services or websites or platform that are competitive to CHEWAPP, without CHEWAPP’s prior written approval;

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

  • use the Platform to find a User and then complete a Delivery Service independent of the Platform to circumvent the obligation to pay any Platform Fees related to CHEWAPP’s provision of the services;

  • as a Kee Chew or Requester, submit any request with a false or misleading information, or submit any request with a price that you do not intend to honor;

  • as a Soon Chew or Willing Hand, accept any request with a false or misleading information, or accept any request with a price that you do not intend to honor;

  • post, upload, publish, submit or transmit any content that infringes, misappropriates or violates any applicable law;

  • systematically retrieve data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, using bots, crawlers, or spiders, or otherwise;

  • use, display, mirror or frame the Platform, or any individual element within the Platform, CHEWAPP’s name, any CHEWAPP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CHEWAPP’s express written consent;

  • access, tamper with, or use non-public areas of the Platform, CHEWAPP’s computer systems, or the technical delivery systems of CHEWAPP’s providers;

  • hold CHEWAPP responsible for any refund for perishable food that are found to be unfit for consumption if these products are not consumed within 4 hours after preparation.

CHEWAPP will have the right to investigate, ban and remove any content and prosecute violations of any of the above to the fullest extent of the law. CHEWAPP may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms and conditions. You acknowledge that CHEWAPP has no obligation to monitor your access to or use of the Platform or to review or edit any User content, but has the right to do so for the purpose of operating the Platform, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CHEWAPP reserves the right, at any time and without prior notice, to remove or disable access to any content that CHEWAPP, at its sole discretion, considers to be objectionable for any reason, in violation of these terms and conditions or otherwise harmful to the Platform.

CORRESPONDENCE AND COMMUNICATION

By making a request or accepting a request, you agree to receive information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to the Delivery Service, and request which we may send to you inviting you to complete our User review form. See our privacy and cookies policy for more information about how we may contact you.

CHEWAPP disclaims any liability or responsibility for any communication between the Users on or through its platform. You cannot derive any rights from any request to, or communication with the other User or (any form of) acknowledgement of receipt of any communication or request. CHEWAPP cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Users.

To duly complete and secure your Delivery Service, you need to use your correct email address and phone number. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.

Any claim or complaint against CHEWAPP or in respect of the Delivery Service must be promptly submitted, but in any event within 24 hours after the scheduled time of delivery of the Merchandise. Any claim or complaint that is submitted after the 3 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.

RANKING, STARS AND USER REVIEWS

Please note that the Ranking and Star system is created through a complex ever changing and evolving system (algorithm) that considers a multitude of criteria to match requests and deliveries in an optimal way. The actual ranking will be different for each user and for each search as there are many criteria included, for example the delivery service history (including the number and type of user complaints), certain request/delivery-related data (e.g. number of requests, delivery, cancellations, availability, etc.) and the past browsing activities of a user.

Only users who have completed a Delivery Service will be invited by CHEWAPP to comment on their experiences and to provide a score for certain aspects of the Delivery Service. The completed User review (including submitted rating) may be (a) uploaded onto the Platform for the sole purpose of informing future Users of your opinion of the service and quality of the other Users, and (b) (wholly or partly) used and placed by CHEWAPP at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by CHEWAPP and our business partners.

CHEWAPP does allow the User to respond to a review. We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar it violates our review policy. CHEWAPP does not compensate or otherwise reward a User for completing a review. The User review form should be regarded as a survey and does not include any offers, invitations, or incentives whatsoever. CHEWAPP undertakes to use its best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name.

CHEWAPP will not accept reviews which include:

  • Profanity, sexually explicit, hate speech, discriminatory, threats, violence

  • Mention of full names, personal attack towards the staff

  • Promoting illegal activities

  • Sites, emails and addresses, phone numbers and other details

  • Politically sensitive comments

PROMOTION AND REWARD

From time to time CHEWAPP offers promotion and reward such as discount vouchers and promo code. Every promotion and reward have specific terms and conditions, specific instructions on how to redeem them. In general:

  • promotion cannot be used in conjunction with other promotions;

  • limited redemptions available;

  • cancellation of Delivery Service nullifies the redemption count;

  • Voucher and Promo code is not exchangeable for cash;

  • Only one discount voucher or promo code can be used per Delivery Service and each discount voucher or promo code can only be used once per User and;

  • Discounts vouchers or promo codes cannot be exchanged for cash or any other alternatives and have no monetary value.

CHEWAPP reserves the sole and absolute right to alter or end the promotion at any time, without giving prior notice or compensate in cash or in kind.

CHEWAPP reserves the sole and absolute right to disqualify any User deemed ineligible for the promotion.

CHEWAPP reserves the sole and absolute right to withdraw, amend and/or alter any part or the whole terms and conditions of any promotion at any time without giving any prior notice to the Users

.

CHEWAPP reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid redemptions including, without limitation, to require further verification as to the identity, age, and other relevant details of a User.

WARRANTY, LIABILITY AND DISCLAIMER

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your request as set out in the platform (whether for one event or series of connected events).

However, and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Platform and its contents shall be liable for:

  • any punitive, special, indirect or consequential loss or damages, loss of or damage to goodwill or reputation, loss of claim,

  • any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the User as made available on our Platform,

  • the services rendered by the User or other business partners;

  • any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform;

  • or any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the User or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose services are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, strike, force majeure or any other event beyond our control.

 

CHEWAPP is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Delivery Service and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a purpose. You acknowledge and agree that the relevant User is solely responsible and assumes all responsibility and liability in respect of the Delivery Service (including any warranties and representations made by the User). CHEWAPP is not a (re)seller of the Delivery Service. Complaints or claims in respect of the Delivery Service (including related to the offered (special/promotion) price, policy or specific requests made by Users) are to be dealt with between the Users. CHEWAPP is not responsible for and disclaims any liability in respect of such complaints, claims and (Merchandise) liabilities.

By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that CHEWAPP may use the uploaded photos/images on its Platform, and in (online/offline) promotional materials and publications and as CHEWAPP at its discretion sees fit. You are granting CHEWAPP a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, distribute, sublicense, communicate and make available the photos/images as CHEWAPP at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of all legal claims that are made by any third parties due to CHEWAPP publishing and using these photos/images. CHEWAPP does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the User who uploaded the photo and is not the responsibility of CHEWAPP. CHEWAPP disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by CHEWAPP at any time and without prior notice.

MISCELLANEOUS

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Singapore law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Singapore.

The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform (by selecting the English language) or shall be sent to you upon your written request.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced fully permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.