TERMS & CONDITIONS

TERMS & CONDITIONS

Last updated [1 Jan 2019]

By using or reading any pages on www.iMakan.app (collectively, “Sites”), you agree to the Website Terms, Conditions and Privacy Policies. In addition, by placing an order or utilizing any services under www.iMakan.com.sg, or through our iMakan mobile app or mobile browsers, or through our ordering hotline +65 6909-6347, you also agree to these Terms and Conditions. The Website Terms, Conditions and Privacy Policy and these Terms and Conditions are collectively known as “Terms & Conditions”. If you do not agree, you should not use the Sites or place an order (as defined below).

We can only deliver our product and services to a location that is within two kilometres of our officially opened outlets during working hours at the timing selected by you from our ordering system or agreed through customer hotline. We accept delivery orders placed from 9am to 4:30pm Monday to Friday. Please visit our outlets during Saturday and Public Holidays.

Orders placed are not refundable unless the orders cannot be fulfilled by iMakan due to unforeseen circumstanses. We strongly encourage large amount orders (above S$ 240) to be placed one day in advance for a more precise delivery time managed.

Where payment is made by debit/credit card , you acknowledge agree and consent that your personal data such as your name and debit/credit card number may be disclosed to third parties (located within and outside of Singapore) processing such debit/credit card transactions, including debit/credit card companies, banks and payment gateways, and, subject to their respective personal data privacy policies and applicable laws, may be used, processed and stored by such third parties to facilitate payments that you now or subsequently make for orders placed. We do not store or process debit/credit card details on our Sites. Any debit/credit card details you provide are processed by our payment gateway provider, who hold and process any credit card details provided. Once a transaction is complete we may hold a reference to the debit/credit card used, which is held against your order transaction details.

Although we will endeavour to deliver your food orders within the indicated timeframe, any delivery times stated or agreed or represented are estimates only. Delivery times may be affected by a number of factors, including those outside of our control such failure of equipment, bad weather and/or traffic conditions. While timely delivery is an important commitment, we place equal importance in ensuring the safety of our drivers / riders, and the due observance of traffic regulations.

Access to the iMakan Site or hotline may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond iMakan reasonable control. iMakan disclaims all liability for any malfunction, suspension or interruption of the Site or hotline, including inaccessibility due to network problems.

If iMakan is prevented or delayed in the performance of any or all of its obligations under this Agreement due to an event of force majeure, then iMakan shall be excused performance or the punctual performance, as the case may be, of its said obligations and iMakan shall not be liable to you (whether in damages or otherwise) for such non-performance or delay in performance. “Force majeure” means any event which is beyond the control of iMakan, and includes exceptional weather conditions, floods, droughts, storms, lightning, high winds, typhoons, earthquakes, natural disasters, acts of God, aircrafts or aerial objects, explosion, fire, war, hostilities, insurgencies, terrorisms, civil commotions, riots, strikes or lock-outs on a city or industrial scale, industrial disputes, industrial actions by workmen, shortage of labour, goods, food or materials, breakdown of machinery or tools or systems; and acts or regulations of government and political interferences with the usual operations of iMakan.

Without prejudice to anything in the Privacy Policy, by placing an order, you confirm that you authorize, agree and consent to iMakan collecting, using, disclosing and/or processing personal data about you (whether provided by you before, during or after placement of the order, or that iMakan otherwise possesses about you) for the following purposes: (i) facilitating, processing, dealing with, administering, managing such order and payment for such order and any subsequent order that you may place; (ii) carrying out due diligence and other screening activities, or to prevent or investigate any fraud or breach of contract or unlawful activity, or complying with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction; (iii) conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to enhance iMakan products, services and/or operations, and/or otherwise for iMakan business operations and purposes; (iv) storing, hosting, backing up (whether for disaster recovery or otherwise) of such personal data, whether within or outside Singapore (collectively, “Purposes”). iMakan may disclose personal data about you to iMakan affiliates and/or third party service providers and/or agents (“Representatives”), who perform certain functions for iMakan in connection with the Purposes, so long as disclosure is necessary to enable such Representatives to perform the said functions. The Representatives may be located within or outside Singapore. In this regard, you hereby acknowledge, agree and consent that the said Representatives may, to the extent necessary to perform the said function, collect, use, disclose, process and/or store your personal data.

The Terms & Conditions, and any disputes arising from or under the Terms & Conditions, shall be governed by Singapore law. You agree to submit to the exclusive jurisdiction of the courts of Singapore regarding any such dispute. A person who is not a party to Terms & Conditions shall have no right under the Contract (Rights of Third Parties) Act to enforce any part of Terms & Conditions.

We may vary the Terms & Conditions from time to time and any use or continued use of the Site shall be deemed acceptance of the Terms & Conditions. The Terms & Conditions constitute the entire agreement between iMakan and you with respect to your use of the Sites in regards to iMakan and dealings in connection with iMakan.