2.1 "We", "our" and "us" and "CDS" refer to CDS Pte. Ltd.
2.2 "You" and "your" refer to the party or parties accessing and/or using the Mobile Apps and Website.
2.3 "Affiliates" means, with reference to any business entity, any other entity that directly or indirectly Controls, is Controlled by,or is under common Control with it.
2.4 "Content" means the content on the Mobile Apps and Website, including information, text, articles, data, software, images, pictures, photographs, graphs, music, sound, videos, typefaces, graphics and any other material.
2.5 "Control" of an entity means: - The power (whether by way of ownership of shares, proxy, contract, agency or otherwise) to cast, or control the casting of, more than 50% of the maximum number of votes that might be cast at a general meeting of that entity; or appoint or remove all, or the majority, of the directors or other equivalent officers of that entity; or - The holding beneficially of more than 50% of the issued share capital of that entity (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital); and "Controlled" shall be construed accordingly.
2.6 "Intellectual Property Rights" means any patent, right to invention, copyright, trade mark, service mark, trade, business and domain name, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including trade secrets and know-how), or any other form of intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of those rights, and all similar or equivalent rights or forms of protection in any part the world.
2.7 "Permitted Purpose" means viewing/using the Mobile Apps and Website for personal, non-commercial, information purposes, licensed and approved commercial purposes and/or becoming a Mobile Apps and Website member in order to use certain functions on the Mobile Apps and Website such as the, membership, bookings, gift cards, wish list and compare list.
2.8 "Price" means the price ascribed to any Products as set out in the Mobile Apps and Website and is in Singapore dollars (S$).
2.9 "Products" mean products and services listed on the Mobile Apps and Website.
2.10 "Third Party Sites" means websites operated by third parties.
2.11 "Mobile Apps and Website'' means the mobile applications/service F&B/Self-service/F&BWeb and/or the website www.cds.sg and includes the whole or any part of the web pages located on this webpage and mobile apps (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
3. Your Use of the Mobile Apps and Website
3.1 You agree to use the Mobile Apps and Website only for the Permitted Purpose and in accordance with these Terms and Conditions. You further agree to comply with all applicable laws and accepted practices in the use of the Mobile Apps and Website. Activities including, but not limited to, tampering with the Mobile Apps and Website, misrepresenting the identity of a user or conducting fraudulent activities on the Mobile Apps and Website are prohibited.
3.2 You agree that you will not engage in any activity that interferes with or disrupts the Mobile Apps and Website or the servers and networks that host the Mobile Apps and Website. You shall not take any action that imposes an unreasonable or disproportionately large load on our server.
3.3 You shall not violate or attempt to violate or compromise the security of the Mobile Apps and Website, including, without limitation, by (a) accessing data not intended for your use or logging onto a server or an account which you are not authorised to access; (b) using the Mobile Apps and Website other than for the Permitted Purpose or trying to change the behaviour of the Mobile Apps and Website; (c) attempting to probe scan or test the vulnerability of a system or network or breach security or authentication measures; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Mobile Apps and Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Mobile Apps and Website or to the Mobile Apps and Website (such as by impersonating as a legitimate user). Sending unsolicited and unauthorized e-mails on behalf of CDS, including promotions and/or advertising of products or services, is expressly prohibited.
3.4 You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Mobile Apps and Website or any activity being conducted on the Mobile Apps and Website. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Mobile Apps and Website other than the search engine and search agents provided by us or generally publicly available browsers. You shall not, and shall not attempt to, circumvent, disable or otherwise interfere with security-related features of the Mobile Apps and Website or features that prevent or restrict use or copying of any Content or which enforce limitations on the use of the Mobile Apps and Website.
3.5 You shall be responsible for maintaining the confidentiality of your user account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.
3.6 We reserve the right, at our sole discretion, to restrict and/or terminate your access to the Mobile Apps and Website, or any part of the Mobile Apps and Website, at any time and without prior notice to you, and without providing any reasons whatsoever, and without any liability either to you or to any third party.
3.7 In the event your access to the Mobile Apps and Website is terminated, all disclaimers and limitations of liability set out in these Terms and Conditions will survive.
3.8 In consideration of your use of the Mobile Apps and Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Singapore or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CDS P/L has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CDS P/L has the right to suspend or terminate your account and refuse any and all current or future use of the Mobile Apps and Website (or any portion thereof).
4. Intellectual Property Rights
4.1 All Intellectual Property Rights in, to or associated with CDS, the Mobile Apps and Website, the Content or the Products, belong to us, our Affiliates or suppliers.
4.2 You shall not (a) reproduce, modify, distribute, store, transmit, publish or display within another website the Content or any part thereof, or any computer software or code contained in the Mobile Apps and Website, (b) download the images of the Products, (c) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Mobile Apps and Website, (d) commercialize any information obtained from the Mobile Apps and Website; (e) create derivative works from the Mobile Apps and Website; or (f) use or infringe any of our trade marks or other Intellectual Property Rights or those of our Affiliates or suppliers, or any other trade marks or Intellectual Property Rights in, to or associated with us, the Mobile Apps and Website, the Content or the Products.
4.3 By using the Mobile Apps and Website or by communicating with us, you automatically grant us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your communication (but not your personal data) and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Mobile Apps and Website and developing your ideas and suggestions for improved products to the extent permitted by law.
4.4 You shall not use any information on the Mobile Apps and Website in a manner which infringes the Intellectual Property Rights of any person or party. Nothing in the Mobile Apps and Website shall be construed as conferring any license or other rights under our Intellectual Property Rights or other proprietary rights or those of our Affiliates or any third party, whether implied or otherwise.
4.5 All trademarks, names and logos used on this site or delivered via CDS P/L services are owned by CDS P/L (unless otherwise stated). Your use of these services and site does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly impliedly granted within or as a result of your use of CDS P/L services or this site. Without CDS P/L’s prior permission, you agree not to display or use in any manner, the CDS P/L trademarks, names and logo.
4.6 The promotions displayed within the Mobile Service and Web Service are created by CDS P/L. Comments made are generated by its users. Images or posts made by its users and submitted to the application or acquired in conjunction with the service shall grant CDS P/L royalty free rights to those images or content and that CDS P/L may use those images or content for promotional or other means as determined by CDS P/L. CDS P/L may or may not pre-screen content, but CDS P/L shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any content that is available via the service. User comments stored may contain content that people find objectionable, inappropriate, or offensive. CDS P/L does not assume responsibility for the content presented in the Mobile Service or Web Service.
4.7 Upon registration, you will generate a password and account designation or utilize the log in service of partner services such as Facebook to complete the Mobile Apps and Website’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CDS P/L of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session (c) keep your account information updated and accurate. CDS P/L cannot and will not be liable for any loss or damage arising from your failure to comply.
4.8 You acknowledge, consent and agree that CDS P/L may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CDS P/L, its users and the public.
4.9You understand that the technical processing and transmission of the Mobile Apps and Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.10 You understand that the Service and software embodied within the Mobile Apps and Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CDS P/L and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
4.11 You acknowledge, consent and agree that CDS P/L may retain your account information and Content without limit to a specified retention period. At any time you may opt out of receive notifications from CDS P/L through its messaging channels include but not limited to email, push notifications and SMS.
4.12 The Mobile Apps and Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CDS P/L has no control over such sites and resources, you acknowledge and agree that CDS P/L is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CDS P/L shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
4.13 CDS P/L disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the CDS P/L Mobile Apps and Website results. CDS P/L disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. CDS P/L disclaims any responsibility for any harm resulting from information or material through the CDS P/L.
4.14 CDS P/L, and all materials, information, products and services included in the CDS P/L are provided “as is” no warranties whatsoever. CDS P/L and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim to the fullest extent permitted by law(i) all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights (ii) any warranties regarding the security reliability, timeliness, and performance of the CDS P/L (iii) any warranties for any information or advice obtained through the CDS P/L (iv) any warranties for services or goods received through or advertised on the CDS P/L or received through any information provided by the CDS P/L, as well as for any information or advice received through any information provided in the CDS P/L.
4.15 You understand and agree that you download or otherwise obtain material or data through the use of the CDS P/L at your own discretion and risk and that you will be solely responsible for any damages to your computer system or to your mobile phone or loss of data that results from the download of such material or data.
5.1 Products specified on the Mobile Apps and Website may or may not be available from CDS' retail stores in Singapore. Where the Products are available from a CDS' retail store in Singapore, the price of the Products may vary from the Price shown on the Mobile Apps and Website.
5.2 Images of Products, which are published on the Mobile Apps and Website, without any advertised price beside that image are not offered for sale. Photographs on the Mobile Apps and Website are for illustrative purposes only and may vary from products sold at CDS' retail stores.
5.3 The Content is provided for general information purposes only. It is not intended to be comprehensive. We may, at any time, add, modify or remove any Content from the Mobile Apps and Website without notice. Although we use all reasonable endeavours to confirm the accuracy of any Content published on the Mobile Apps and Website, we shall not be responsible for inaccuracies, errors or omission in Content, or for any delay in transmission or delivery of such Content, or any loss or damage arising from the use of the Content or for any actions you take in reliance on the Content. You agree to make your own enquiries to verify the information provided and to assess the suitability of Products prior to any purchase made.
5.4 The Mobile Apps and Website may feature or display third party advertising or content. We do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
5.5 The Mobile Apps and Website may promote, advertise or sponsor functions, events, offers, competitions or other activities, which may be conducted online, or offline, and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in such activities.
5.6 The Mobile Apps and Website may contain links to Third-Party Sites. These links are available for your convenience only and for no other purpose. Such Third-Party Sites are not under our control and we shall not be responsible for the operation, availability or content of any Third-Party Site or any link contained in a Third-Party Site or for any loss or damage arising from any actions you take in relation to such Third-Party Site.
5.7 A link to a Third-Party Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. We do not warrant or make any representation about substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation in relation to any Third-Party Site, its content, or any products or services offered therein.
5.9 We reserve the right to prevent third parties from linking to the Mobile Apps and Website.
5.10 The Mobile Apps and Website and/or the Content is offered on an "as is" and "as available" basis only. We and our Affiliates make no representations or warranties of any kind, express or implied, in relation to the Mobile Apps and Website and/or the Content, including in relation to availability, accuracy, timeliness, completeness, functionality, non-infringement, title, quality, merchantability or fitness for any particular purpose or the Mobile Apps and Website, Content or Products, and disclaim any warranty that access to the Mobile Apps and Website and/or the Content will be uninterrupted or error-free or free from computer virus or other invasive or damaging code.
5.11 We may at any time impose limits or restrictions on the use you may make of the Mobile Apps and Website. Further, for security, technical, maintenance, legal, regulatory or other reasons, or due to any breach of these Terms and Conditions, we may withdraw the Mobile Apps and Website, or change or remove website functionality at any time without notice to you.
5.12 We make no warranty that the Mobile Apps and Website and/or the Content is free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof. You must take your own precautions to ensure that your use of the Mobile Apps and Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
5.13 Each of CDS and its Affiliates exclude, to the extent permitted by law, all liability of any of them for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Mobile Apps and Website and/or the Content, use of or reliance on the Mobile Apps and Website, or any inaccuracies in the Content or delays in transmission including but not limited to damages for loss of business or profits, use, data or other intangible losses, even if we have been advised of the possibility of such damages.
5.14 You shall indemnify and keep indemnified each of CDS, its Affiliates and parties involved in the creation of the Mobile Apps and Website and/or the Content, including owners of the Intellectual Property Rights relating to or associated with the Mobile Apps and Website and/or the Content against any and all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of the Mobile Apps and Website, any information that you provide via the Mobile Apps and Website or any damage that you may cause to the Mobile Apps and Website.
5.15 The CDS P/L Mobile Apps and Website includes paid features as well as features without charges from CDS P/L. By transacting with a merchant, you are transacting with the promoting merchant and agree to the terms designated by each promotion, payment method, membership and/or loyalty program. Any rewards/points/stored-value given by the merchant are provided by the merchant and you agree to the terms designated by each rewards/points/stored-value. Any rewards/points/stored-value given by a third party providers for a promotion are provided by the third party and you agree to the terms designated by each rewards/points/stored-value. CDS P/L is not responsible for refunds if a merchant or third party provider goes out of business or discontinues service with CDS P/L.
5.16 You are required to use the latest version of the Mobile Client in order to use the Mobile Service provided by CDS P/L. The Mobile Client may only be download from official channels provided and approved by CDS P/L. Only supported devices as defined by the issuing marketplace may use the Mobile Client. CDS P/L not responsible or obliged to support any devices that do not meet these standards.
5.17 The Mobile Apps and Website may provide, or third parties may provide, content or services either through the Mobile Client or through a link from the Mobile Client to the Third Party Application. Because CDS P/L has no control over such content and resources, you acknowledge and agree that CDS P/L is not responsible for the availability of such content or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such content or resources. You further acknowledge and agree that CDS P/L shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such application or resource.
7.1 The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision of these Terms and Conditions, which shall remain in full force and effect.
8.1 You agree that CDS P/L may, under certain circumstances and without prior notice, immediately terminate your CDS P/L account, any associated membership, points, stored-value, rewards and access to the Mobile Apps and Website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Mobile Apps and Website (or any part thereof), (e) unexpected technical or security issues, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Mobile Apps and Website. Termination of your CDS P/L account includes (a) removal of access to all offerings within the Mobile Apps and Website, including but not limited to www.cds.sg and CDS P/L text messaging services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Mobile Apps and Website. Further, you agree that all terminations for cause shall be made in CDS P/L’s sole discretion and that CDS P/L shall not be liable to you or any third party for any termination of your account, any associated messages and CDS P/L codes, or access to the Mobile Apps and Website.
9. Limitation of Liability
9.1 Under no circumstances shall CDS P/L or its subsidiaries, affiliates, officers, employees, agents, partners and licensors be liable to any user on account of that user’s use or misuse of or reliance on the CDS P/L, arising from any claim. Relating to this agreement or the subject matter hereof such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort(including negligence), or otherwise,(even if CDS P/L or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the CDS P/L, from inability to use the CDS P/L, Or from the interruption, suspension, or termination of the CDS P/L (including such damages incurred by third parties). This limitation shall also apply with respect to the damages incurred by reason of other services or goods received through or advertised on the CDS P/L or received through any information provided in the CDS P/L, as well as by reason or any information or advice received through or advertised on the CDS P/L or received through any information provided in the CDS P/L, This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performances or non-performance of the CDS P/L or any information or merchandise that appears on, or is linked or related in any way to, the CDS P/L Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
9.2 Without limiting the foregoing, under no circumstances shall CDS P/L or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
10. Governing Law and Jurisdiction
10.1 The laws of Singapore apply with respect to these Terms and Conditions and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Singapore.
The mailing address for CDS Private Limited is 158 Kallang Way, #02-11 Performance Building, Singapore 349245