Last Updated: April 1, 2022
Thank you for using Axon Fresh's (www.axonfresh.com) services. We invite you to explore our services and related materials presented on our website (which we collectively call “Service”), however please note that your invitation is subject to your agreement with these Terms of Service, so please review these carefully.
1.
AGREEMENT TO TERMS
These provisions, including the mandatory arbitration provisions, and Axon Fresh's Privacy Policy, Commercial Terms, as well as other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific service offerings or promotions (all of which we collectively refer to as the “Terms”), are a contract between our Customer and Axon Fresh Pte Ltd, d/b/a Axon Fresh, the provider of the Service (which we refer to in these Terms as “Axon Fresh,” “we” or “us”). Axon Fresh's “Customer” is either (i) the individual user of the Service or (ii) a business or organization, where an individual initiates an account on behalf of that business or organization, providing an email address using the domain of such business or organization. When we refer to “you” in these Terms, we are referring to the Customer. If you are creating an account for a business or organization, you are representing and warranting to us, on behalf of the Customer, that you have the authority to bind the Customer to these Terms. By using the Service, you acknowledge that you have read and understand, and agree to be bound by, these Terms and our Privacy Policy. If you do not agree to be legally bound by these Terms and our Privacy Policy, do not use the Service.
2.
MODIFICATION OF THESE TERMS
We may change, add or delete portions of these Terms at any time, at our sole discretion, as new features, technology, or legal requirements arise, so please check back from time to time. You may always determine if the Terms have changed by checking the Effective Date at the top of these Terms, and it is your responsibility to do so before using our Service. We will use reasonable efforts to notify you of any material changes by posting notice of the changes on the website, and/or, in our sole discretion, by email or other means. If we update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service; your continued use of Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. See Termination of Account for instructions on how to terminate your account. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
3.
USE OF SERVICES
You may use our Service only in accordance with and subject to these Terms if you are at least 18 years old. In order to use our Service, you must provide certain information to complete a purchase and/or establish an account. It is your obligation to ensure that all of the information, data and other materials you provide us in connection with the Service is true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password. You are responsible for all activities that occur under your account or password, whether or not you know about or authorize them. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. Use of the Service is void where prohibited by law.
Axon Fresh utilizes various skilled third-parties (“Service Providers”) to provide technical or other services relating to all or part of our fulfillment of our Service, and you hereby agree that such involvement by these Service Providers is acceptable. Please see our Privacy Policy to understand the extent to which any third-party may have access to Customer Information.
a)
Axon Fresh's Delivery Services
Axon Fresh is an everyday, scheduled, temperature-controlled delivery service. We deliver everywhere in Singapore (except to restricted zones, e.g. army camps, prisons, offshore islands) while ensuring the highest food safety standards and protocols.
We specialize in delivering perishables / temperature-sensitive products, namely food and beverage items that need to be kept chilled in order to maintain their freshness. Such items include dairy products, coffee, cream cakes, and many more. We deploy industrial-grade solutions to ensure that your perishables are delivered under the optimal handling temperature and conditions throughout the transit from collection to delivery. In addition, all our drivers are trained to handle products with due care and diligence. They are experienced and can be trusted to handle food products without compromise.
The maximum weight and size limit for our deliveries at the standard rate shall not exceed 10kg in weight or 40cm x 25cm x 25cm in size. Additional charges apply for sending items beyond the size and weight limit and we reserve the right to not accept deliveries that are oversized / not suited for our delivery vehicles.
Axon Fresh's delivery fees will depend on the number of orders and location of deliveries (surcharges apply). We have a minimum requirement of 5 delivery locations; if you are looking to send to less than 5 locations, the minimum charge will be equivalent to that for 5 locations. Last-minute changes and additions are subject to availability and will incur an admin fee. To secure delivery, merchants will need to submit their delivery list to us by 5pm the day before. Our team will collect the goods between 8.00AM - 11.00AM (to be advised upon discussion) and deliveries to customers will be conducted between 12.00PM - 6.30PM.
Axon Fresh reserves the right to forfeit the order in the event that the order is unable to be delivered successfully due to any of the following reasons:
1)
your request does not comply with our Terms of Service;
2)
you fail to enter a valid address and other required fields that are recognisable by Axon Fresh's system;
3)
the package(s) or item(s) is / are not suitable for transport;
4)
the transport may violate laws and regulations; or is detrimental to public order, or injurious to public morals;
5)
the package or item are of the following items:
a)
explosives or other hazardous materials or any similar packages that are likely to cause damage to other packages;
b)
packages determined by Axon Fresh to be unacceptable, including but not limited to combustible, inflammable, poisonous and toxic materials, livestocks, dogs, cats, little birds, guns and swords etc.
b)
Terms of Usage
You agree, represent and warrant:
1)
that all the information and details provided by you to us in your registration, updates and communication, are true, accurate, complete and up-to-date;
2)
to provide us with any proof of identity we may reasonably request;
3)
that the sender is the person authorised to deliver the packages and the recipient is the person authorised to receive the package;
4)
to settle all fees receivable or payable under completed orders and/or invoices issued by us;
5)
to treat our drivers with respect and not to cause damage to their assets or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst they are providing services to you;
6)
to treat member(s) of our staff with courtesy and not to exhibit threatening, harassing or abusive behavior towards our staff under any circumstances;
7)
you will not use our Service: for any unlawful purpose; in any way that interrupts, damages, impairs or renders our Service less efficient; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to advertise or promote third party or your own products or services;
8)
to comply with all applicable laws while using our Service;
9)
to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation; and
10)
to compensate and defend us fully against any claims or legal proceedings brought against us by any
other person as a result of your breach of these Terms.
We reserve the right to suspend, restrict or terminate your access to our Service at any time without
advance notice or liability if we have reasonable grounds to believe you have breached any of these
Terms or in our opinion you misuse our Service. This shall not limit our right to take any other action
against you that we consider appropriate to defend our rights or those of any other person.
c)
Promotions
We may introduce promotions from time to time. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.
d)
Claims
1)
If a delivery item is reported missing after being in possession of the delivery driver, we will contact the driver and obtain proof that the item has been delivered to the client. If the item was reported by the driver to not be in their possession, we will handle the matter internally and take the necessary actions to assess the process of delivery to determine the lapse in item accountability. If the matter was due to a dishonest act by the driver, we will suspend the driver immediately. All items that are lost in transit will be compensated up to 50% of the retail value or SGD50, whichever is lower for each delivery location. Merchants are required to ensure the items prepared for delivery have all been accounted for. If the process of collection at merchant's location had resulted in an item being unaccounted for, Axon Fresh will not be responsible for the item being reported by driver as not found.
2)
If items were reported by customers to be damaged, Axon Fresh will carry out an internal inquiry to determine the cause of damage. Report of the damage must be made within 2 hours when the delivery has been completed. If found to be caused by the driver, Axon Fresh is prepared to pay up to 50% of the retail value of the item or SGD50, whichever is lower. If the customer is willing to accept the product as is and only wishes to send feedback to merchants, Axon Fresh is prepared to provide a waiver of delivery fees as a goodwill gesture for having not met the standard of service level.
3)
If delivery is to the wrong address due to the driver's own error, Axon Fresh will send the driver to recover the product and inform merchants accordingly. Merchants will determine if the product is safe for delivery to the correct address, or if a replacement is needed instead. Arrangements will be made with the merchant to either send a new item from their location or arrange with the customer to send the item on a different day. The delivery fees will be waived in that event.
4)
If items were damaged due to unforeseen circumstances out of the control of driver (accidents due to third party fault / act of God / trees falling on vehicle), Axon Fresh will arrange with merchants to replace the damaged product if necessary within the same day, or at the earliest availability of the product as prepared by merchants. The compensation of these items need to be discussed with the merchants as this would be the scenario that nobody would be prepared for. The main priority would be to ensure as little disruption to the day’s schedule or the customer’s requests and do the necessary to fulfill all expected requests as best as necessary.
e)
Feedback
We welcome feedback, comments, and suggestions for improvements to the service (“Feedback”). You can submit Feedback by emailing us at info@axonfresh.com. You acknowledge and agree:
(i)
Feedback does not contain confidential or proprietary information;
(ii)
Axon Fresh is not under any obligation of confidentiality, express or implied, with respect to any Feedback;
(iii)
Axon Fresh shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, including without limitation any and all reviews, suggestions, designs, concepts, photographs, testimonials and other items or materials (except for your personal information which is handled in accordance with our Privacy Policy);
(iv)
Axon Fresh may already have under consideration or in development ideas similar to or the same as such Feedback;
(v)
Your Feedback automatically becomes Axon Fresh's property without any obligation to you; and
(vi)
You are not entitled to any accounting, compensation or reimbursement of any kind from Axon Fresh under any circumstances. To be clear, Axon Fresh shall be entitled to utilize all Feedback in any way without restriction or obligation to you including, without limitation, in for advertising, promotional, product development or other commercial purposes. Without limiting these rights, you hereby grant Axon Fresh a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. You agree that Axon Fresh is under no obligation to review or use any Feedback (including any messages) posted on or sent through the Service by you or any Third party and assumes no responsibility or liability relating to any such Feedback. Axon Fresh, in its sole discretion, may monitor, not post or remove any Feedback.
4.
OWNERSHIP OF THE SERVICE
The following terms and conditions apply to the Ownership of the Service (and website):
a)
Ownership
The website and all content available or presented through the website (including all intellectual property of any nature, whether registered or unregistered, including all text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by Axon Fresh and its respective vendors, licensors or content providers, and is protected by copyright, trademark and other applicable Singapore and foreign laws. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained within the Service. The “Axon Fresh” trademark and all other Axon Fresh related marks and logos, and third party trademarks and logos, whether registered or not registered, displayed via the Service, as well as the domain name "www.axonfresh.com," are and will remain the exclusive property of Axon Fresh or such third party, as applicable. Any reproduction, distribution, transmission, modification or use of any such trademarks or logos by you for any purpose is prohibited. You may not remove any copyright, trademark or other proprietary notice contained in the website or any content contained therein.
b)
Limited License
Subject to these Terms, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Service by displaying the content provided therein via your internet browser or device only for the purpose of shopping for personal items sold via the Service and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of these Terms shall immediately revoke the license granted in this paragraph without notice to you.
c)
Use Restrictions
You may not use the Service for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of Axon Fresh or others. Notwithstanding any other rights or restrictions in these Terms, you may not use the Service to:
(i)
transmit via or through the Service any information, data, text, images, files, links, or software except in connection with your authorized use of the Service or otherwise in response to specific requests for information by us;
(ii)
introduce to our Site or any connected system or equipment any computer or website virus, worm, Trojan horse and / or harmful code;
(iii)
obtain unauthorized access to any computer system;
(iv)
impersonate any other person, including but not limited to, a registered user of the Service or an employee of Axon Fresh;
(v)
invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
(vi)
misrepresent the identity of a user or use a false email address or mobile phone number;
(vii)
tamper with or obtain access to our websites or connected system, or any component of any of them;
(viii)
conduct fraudulent activities;
(ix)
collect or harvest information regarding another user of the Service for any reason whatsoever, including, without limitation, for sending such user unsolicited commercial Email;
(x)
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Axon Fresh or any of Axon Fresh's providers or any other third party (including another user) to protect the Service or Customer Information;
(xi)
attempt to access or search the Service or Customer Information or download Customer Information from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like);
(xii)
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; or
(xiii)
attempt to probe, scan or test the vulnerability of any Axon Fresh system or network or breach any security or authentication measures.
5.
CUSTOMER INFORMATION
The following terms and conditions apply to the usage of Customer Information:
a)
Ownership
You permit Axon Fresh to access, process and use a variety of data when you use the Service. In order to use our services, you must provide us certain personal information, including your name, physical and or email addresses, financial information, and you may elect to provide us with your mobile telephone number (collectively, the “Customer Information ”). As between Customer and Axon Fresh, Customer shall be deemed the owner of the Customer Information, subject only to the Operations License expressly granted by you to us in these Terms. For more information about the Customer Information we obtain and how we use it, please see our Privacy Policy.
You are solely responsible for all your Customer Information. You represent and warrant that you own all your Customer Information, or you have all rights that are necessary to grant us the Operations License under these Terms. You also represent and warrant that neither your Customer Information, nor your use and provision of your Customer Information through the Service, nor any use of your Customer Information by Axon Fresh on or through the Service will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
b)
Grant of Operations License
In order for us to legally process Customer Information in the manner necessary to provide the Service, you must grant Axon Fresh certain rights with respect to Customer Information so that technical actions we take in operating the Service are not considered legal violations. For example, we need to be able to collect, process, transmit, store, copy and publish Customer Information in order to process your orders and enable our Service Providers to fulfill your orders, and to store, process and publish Customer Information you may provide us as part of service reviews and the like. Accordingly, you hereby grant Axon Fresh a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your Customer Information in connection with operating and providing the Service to you, only for the purpose of providing the Service, and for no other purpose (the “Operations License ”). You agree that the Operations License granted to us may be extended by us to our Service Providers to the degree necessary in order for the Service to be provided to you.
c)
Protecting Customer Information
The protection of Customer Information is a top priority for us, so we have implemented and will maintain administrative, physical, and technical safeguards designed to prevent unauthorized access, use, modification, deletion and disclosure of Customer Information by our personnel. We will endeavor to only share Customer Information, in accordance with our Privacy Policy, only with third-parties that contractually agree to reasonable data practices for maintaining the confidentiality and security of Customer Information and preventing unauthorized access. However, Customer acknowledges and agrees that Customer and not Axon Fresh bears sole responsibility for adequate security, protection and backup of Customer Information in the possession or control of Customer, or when Customer chooses to use unencrypted gateways to connect to the Service.
6.
TERMINATION OF ACCOUNT
You may elect to terminate your account with the Service at any time by contacting info@axonfresh.com. If we believe that you have violated these Terms, we reserve the right to terminate your account with or without prior notice.
7.
UNAVAILABILITY OF SERVICES; TERMINATION; FRAUD
We may alter, suspend or discontinue the Service in whole or in part, at any time and for any reason, without notice. In addition, the Service may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Service or your account, for any reason, including without limitation, breach of these Terms. If at any time, we notify you that your access to and/or use of the Service or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship or recall from the shipper any order if fraud is suspected. We shall not be liable to you or any third party for any termination or suspension of your access to the Service.
8.
THIRD PARTY WEBSITES
The Service may contain links to other websites on the Internet that are owned and operated by third parties. Such links should not be interpreted as an express or implied endorsement of such third party websites or any products or services that may be offered thereon. You acknowledge that we have no liability or responsibility for the content or availability of such websites, the products or services available thereon or otherwise in connection with such third party websites, products or services. Please review the terms and conditions that may be imposed by such websites, as they may be different from these Terms.
9.
INTERNATIONAL ACCESS
The Service may be accessed from countries outside of Singapore, but Axon Fresh does not currently provide services outside of Singapore, until further notice.
10.
DISCLAIMER; LIMITATION OF LIABILITY
Except as otherwise expressly provided in these Terms, in a separate express writing, or required by applicable law, Axon Fresh makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose or non-infringement of the Service, any content on the Service or any product or service purchased through the Service, as well as warranties implied from a course of performance or course of dealing. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Axon Fresh disclaims any warranties that access to the Service will be uninterrupted or error-free; that the service will be secure; that the service or any server that makes the Service available will be free from virus, malware or harmful components-free; or that information on the Service will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from the Service, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the Service shall create any warranty of any kind.
In no event shall Axon Fresh or its parent, subsidiaries, divisions or affiliates, or its or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or third parties providing information or products on or in connection with the Service (collectively, the “Releasees”) be liable to you, any user of the Service or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use or access the Service, any content or information contained thereon or stored or maintained by Axon Fresh, or any product or service purchased through the Service, whether based upon warranty, contract, tort, or otherwise, even if any Releasee has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of the Releasees to you for all damages, losses, and causes of action resulting from your use of the services, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Axon Fresh in connection with the applicable purchase giving rise to such liability. Without limiting the foregoing, in no event shall the Releasees have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of Axon Fresh.
If, notwithstanding the provisions of these Terms of Service, any Releasee is found to be liable to you for any damage or loss which arises our of or is in any way connected with your use of the Service, any content on the Service or any product or service purchased through the Service, such Releasee's liability shall in no event exceed US$100.00, unless such Releasee has otherwise expressly agreed in writing
Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such jurisdictions some or all of the above disclaimers or exclusions may not apply, and liability will be limited to the fullest extent permitted by applicable law.
11.
INDEMNIFICATION
By using the Service, you agree to indemnify, hold harmless and defend the Releasees from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with
(i)
your use or misuse of the Service;
(ii)
your breach of the Terms;
(iii)
your violation of any law or the rights of a third party; or
(iv)
your Feedback.
You agree to cooperate as fully as reasonably required in the defense of any claim. Axon Fresh or the applicable Releasee reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Releasees.
If you use the Service for or on behalf of a third-party ("Third-party"), such as a family member, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. When using the Service for or on behalf of a Third-party, you agree to indemnify and hold us harmless from and against any and all liabilities, losses, damages, suits and claims including legal fees, arising from or connected to the breach of these Terms or negligence by you and/or the Third-party.
12.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of Singapore.
In the event of a dispute arising out of or in connection with these Terms, both parties shall first discuss
in good faith to reach an amicable resolution within sixty (60) days from the date of the notice of dispute.
However, if such dispute may not be settled by mutual consultation within sixty (60) days, both you and us
agree to submit to the exclusive jurisdiction of the courts of Singapore as regards any dispute or matter
arising under these Terms.
13.
MISCELLANEOUS
In the event that any provision is determined to be unenforceable or invalid, by any court of competent
jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law
and such determination shall not affect the validity and enforceability of any other remaining provisions. The
severed provision shall be replaced by a provision approximating as much as possible the original wording and
intent.
Failure by either Party to enforce any provision of these Terms at any time shall not be construed as a waiver
of each Party’s rights to enforce the breach of such provision or any other provision in these Terms or as a
waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.
You may not assign or transfer your rights or obligations under these Terms, without our prior written
consent.
We reserve the right to change, modify, add and delete these Terms (or parts thereof) at any time where this
is necessary to comply with any law or regulation binding on us or to reflect a change to our operational
practices, provided that we will use reasonable endeavours to provide notice of material changes on the Site.
We may amend the Terms at any time by posting a variation on the Site. The latest version of the Terms will
supersede all previous versions.
Except where expressly stated, nothing in these Terms is intended to grant to any third party any right to
enforce any term or to confer on any third party any benefits under these Terms. The application of the
Contracts (Rights of Third Parties) Act (Cap. 53B) and any re-enactment is expressly excluded.
Notices given pursuant to these Terms shall be deemed sufficiently given if they are in writing and forwarded
by registered post or recorded delivery service or equivalent to either Party (at our registered address, or
otherwise notified).we may give notice to you by means of a general notice published on the Site or to your
email address set out in your account. You must give notice to us by registered post or recorded delivery
service or equivalent to either Party (at our registered address, or otherwise notified).
