Terms and Conditions

Welcome to the GobblerShop.com website.

1. Gobbler Pte Ltd (UEN 201021339R), provides services to the Customer subject to the notices, terms, and conditions set forth in this agreement (the ‘Agreement’). In addition, when the Customer uses any of GobblerShop.com’s services, the Customer will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. GobblerShop.com reserves the right to change this Site and these Terms and Conditions at any time without prior notification. If any of these Terms and Conditions is invalid or unenforceable, the remainder of these Terms and Conditions shall continue to have full force and effect.

2. Accessing, browsing or otherwise using the site and its services indicates the Customer’s agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.

General

1. In these Terms and Conditions the following expressions shall have the following meanings:

   1. "Customer" shall mean you and all other persons who purchase the products under your Login.

   2. "Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof.

   3. "Login" shall mean a Customer's membership number and access to GobblerShop.com under that Customer's registration.

   4. "Product/Products" shall mean any and all the products for sale by GobblerShop.com.

   5. "GobblerShop.com" shall mean this website or catalogues owned by Gobbler Pte Ltd and the medium by which Products are offered for sale by Gobbler Pte Ltd to the Customer.

2. These Terms and Conditions shall prevail over any other document purporting to have a contractual effect including any Gobbler Offline/ physical store policy.

3. The Customer shall agree to complete the registration process according to GobblerShop.com's requirements as stated on this site. The Customer shall provide GobblerShop.com with complete and updated information, which may include (but shall not be limited to) the Customer's legal name, address, telephone and fax numbers (optional) and e-mail address.

4. Registration for membership with GobblerShop.com is opened only to residents in Singapore aged 18 and above. GobblerShop.com has the absolute discretion to refuse the registration of a potential customer for any reason whatsoever and to terminate the registration of any of its Customers for any reason whatsoever. GobblerShop.com cannot distinguish the age of persons who access and use its Website. If a minor (according to applicable laws) has accessed this Website or provided GobblerShop.com with personal identification data without parental or guardian consent, the parent or guardian should contact GobblerShop.com to remove the relevant personal identification data, unsubscribe them or withdraw membership with GobblerShop.com.

5. The Customer will be liable for every order made under his Login and agrees to indemnify GobblerShop.com for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customer's Login. The Customer shall be responsible for updating his registration information.

6. Access to GobblerShop.com is gained through use of a username and password. The Customer shall ensure that his Login details are kept strictly confidential to prevent unauthorized use. GobblerShop.com shall use its best endeavours to prevent any unauthorized entry to the GobblerShop.com Website. However, GobblerShop.com shall not be liable for any damages or losses whatsoever if any third party gains unauthorized access to the GobblerShop.com Website.

Ordering Process and Acceptance of The Customer’s Order

7. The Customer may place his order via our Website at www.GobblerShop.com. The Customer will receive a confirmation of receipt of order via e-mail. Should the Customer not receive an acknowledgment within one business day, please contact our customer service at email [email protected] or call 6285 0320 during normal office hours. For clarification, such confirmation of receipt of orders does not guarantee stock availability.

8. Acceptance of an order placed by the Customer online and the completion of the contract between the Customer and GobblerShop.com will take place when the order is dispatched to the delivery address.

9. All offers are subject to availability and while stocks last. In the event one or more Products in an order are unavailable, GobblerShop.com reserves the right to cancel the order or to proceed with the remaining order and adjust the final bill accordingly.

Pricing Policy

10. All prices shown on the Website are in Singapore dollars and are inclusive of Singapore GST, where applicable. Prices may change and offers may be withdrawn at any time.

11. The price for Products on GobblerShop.com online store may or may not be the same as GobblerShop.com physical stores. Notwithstanding Clause 8, GobblerShop.com does not accept any liability for any discrepancy between the prices in its physical stores and online store.

12. Discrepancies between the online bill/ order price and the final bill may be due to out-of-stock Products, substitutions, special offers, daily price changes and weighed items. GobblerShop.com reserves the right to adjust the final bill after the online bill/order price is presented or conveyed to the Customer and such adjustments shall be marked on the final bill presented to the Customer at the time of delivery.

13. GobblerShop.com reserves the right to decline any order it deems unlawful, improper or incomplete. GobblerShop.com also reserves the right to limit sales including the right to prohibit sales to re-sellers.

Payment

14. Payment for Products ordered through GobblerShop.com can be made by PayPal and Credit Card (Visa and MasterCard).

Delivery

15. GobblerShop.comwill only effect delivery to mainland Singapore except Sentosa and Jurong Island based on the default mailing address/es set out by GobblerShop.com. GobblerShop.com reserves the right to decline any delivery to any address with restricted access or is inaccessible.

16. GobblerShop.com aims to provide next day shipping within 24 hours to customers and shall reasonably endeavour to deliver orders on time. GobblerShop.com shall not be liable for any claims damages costs whatsoever or howsoever arising, due to delays in its delivery services.

17. The Customer or his / her authorised recipient must acknowledge delivery during the delivery on the document presented by the delivery personnel. The Customer should ensure that an authorised recipient is present at the delivery address to receive the delivery, failing which GobblerShop.com reserves the right to redeliver on another day.

18. All risk of loss or damage of the Products sold on this Website shall pass to the Customer upon delivery to the Customer’s delivery address and GobblerShop.com will accept no liability thereafter for the delivery order in question.

Returns of Products

19. GobblerShop.com shall use its best efforts to ensure that orders are correctly fulfilled. Should there be any discrepancy, please notify us either by e-mail at [email protected] or call our hotline at 6285 0320 or fax to 6281 3267 within 7 days.

20. GobblerShop.com will only accept returns within 7 days of the shipped date.

Warranties

21. The materials in this Website are provided "as is" and without warranties of any kind either express or implied To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded. GobblerShop.com does not warrant that the functions contained in the materials on the Website, will be uninterrupted or error-free, that defects will be corrected or that this Website or this server that makes it available is free of any virus or other harmful elements. GobblerShop.com does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the materials in this Website or the results of their use.

22. No agent or representative of GobblerShop.com is authorised to make any warranties, representations or statements regarding the Products or materials on the Website and GobblerShop.com shall not in any way be bound by any such unauthorised warranties, representations or statements.

Liability and Indemnity

23. The liability of GobblerShop.com whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of GobblerShop.com's obligations hereunder shall not in any event exceed an amount equivalent to the price of the Products.

24. GobblerShop.com shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall GobblerShop.com be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons whatsoever.

25. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that GobblerShop.com assumes no obligation or liability for any advice or information given with the Products and GobblerShop.com shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer's risk.

26. The Customer acknowledges and accepts that GobblerShop.com assumes no responsibility and shall not be liable (to the extent permitted by law) for any damage, loss, delay, death or injury arising out of any use of or access to the site/catalogue, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the site, whether for breach of contract, arising out of or relating to a tort, for negligence or willful misconduct or, under any other cause of action resulting directly or indirectly from any access or use of the site/catalogue, or any uploading, downloading or publication of data, text, images or other material or information to or from the site.

27. The Customer agrees to indemnify GobblerShop.com and its agents, officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by the Customer.

28. GobblerShop.com may terminate the Customer’s use of the Website immediately if GobblerShop.com considers that the Customer has breached these Terms and Conditions.

Intellectual Property

29. All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to GobblerShop.com shall at all times remain the property of GobblerShop.com.

30. GobblerShop.com and other parties own the trademarks, logos and service marks displayed on this site/ catalogue and/or in connection with the Products and Customers and on-line visitors are prohibited from using the same without the written permission of GobblerShop.com or such other parties.

31. No right or licence is granted directly or indirectly to any party accessing this Website to use or reproduce any such proprietary content, trademarks, service marks, brand names, logos and other Intellectual Property, and no party accessing this Website shall claim any right, title or interest therein.

Force Majeure

32. If the performance by GobblerShop.com of its obligations under the GobblerShop.com is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or lawful requirement of the government or of any of government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of GobblerShop.com), GobblerShop.com shall be excused from such performance to the extent of such prevention.

Variation of Terms and Conditions

33. GobblerShop.com reserves the right to amend these Terms and Conditions in its sole discretion. GobblerShop.com may, but does not undertake, to notify the Customer of such changes. It is the Customer's responsibility to review the Terms and Conditions prior to submitting any order and GobblerShop.com shall have no responsibility to notify the Customer of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.

Jurisdiction

34. The Website is controlled and operated in Singapore. These Terms and Conditions and all matters connected with any order placed by the Customer on our Website or over the telephone are governed by Singapore law and the Customer agrees to submit to the exclusive jurisdiction of the Singapore courts in relation to all matters connected with or arising out of the Website or the use of customer services or any order placed on the Website.

Miscellaneous

35. The headings used in these Terms and Conditions are for ease of reference only and shall not be taken into account in the construction or interpretation of any provision to which they refer.

36. If any provision of these Terms and Conditions is held to be invalid or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part thereof shall to that extent be deemed not to form part of this Agreement but the validity and enforceability of the remainder of these Terms and Conditions shall not be affected.

37. GobblerShop.com’s failure to act with respect to a breach by the Customer does not waive its right to act with respect to subsequent or similar breaches.

38. A person who is not a party to any agreement governed by these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of these Terms and Conditions.

Personal Data Protection Policy

39. The terms of GobblerShop.com’s Personal Data Protection Policy are incorporated herein by reference.

No Unlawful or Harmful Use

40. The Customer shall not use this Website in any way that breaches any code of conduct, policy or other notice applicable to this Website. The Customer agrees not to use any device, software or other instrument to, directly or indirectly, interfere or attempt to interfere with (i) the proper working of this Website or (ii) any other party's use and enjoyment of this Website, and the Customer will not, directly or indirectly, take any action that could damage, disable, overburden, or impair this Website or the networks connected to this Website.

41. The Customer represents and warrants that all information provided to GobblerShop.com in connection with the use of this Website is accurate, current and complete and agrees to hold harmless and indemnify GobblerShop.com against any breach by the Customer of the foregoing warranty in accordance with the provisions of these terms and conditions.

42. The Customer is responsible for maintaining the secrecy of the Customer’s passwords, Login and account information. The Customer will be financially and legally accountable for all uses of this Website and by anyone using their password and Login information. The Customer shall not use this Website to: (i) make any false or fraudulent purchases; (ii) post or transmit any unlawful, threatening, libellous, defamatory or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; or (iii) for any other purpose that is unlawful or prohibited by these Terms and Conditions. GobblerShop.com reserves the right, which may be exercised in its absolute discretion at any time and without advance notice or liability, to prohibit, restrict or suspend the use of such access codes and/or the use of this Website.

Personal Data Personal Act

This Personal Data Protection Policy governs the manner in which we collect, use, maintain and disclose information collected from users (each, a "User") of the Gobblershop.Com website ("Site"). This personal data protection policy applies to the Site and all products and services offered by us.

Personal Identification Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Site, register on the Site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number. We will collect personal identification information from Users only if they voluntarily submit such information to us. In such instances, consent will necessarily be implied from you that you are agreeable to providing us with your personal identification information to provide the requested or necessary services and/or product to you. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-Personal Identification Information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service provider’s utilized and other similar information.

Web Browser Cookies

Our Site may use "cookies" to enhance a User’s experience. Cookies are alphanumeric identifiers that are transferred to your computer's hard drive from your web browser to recognize your preferences and to tailor content to you. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the websites you visit.

How We Use Collected Information

We may collect and use personal identification information only restricted to the following scope:

1. To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.

2. To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

3. To improve our Site: We may use feedback you provide to improve our products and services.

4. To process orders and payments: We may use the information Users provide about themselves when placing an order only to provide service to that order.

5. To run a promotion, contest, survey or other Site feature: To hold and conduct promotions, contests or other events that Users have agreed to participate in we need access to some personal identifying information of participants.

6. To send occasional promotional collaterals: Message Service (SMS) and/or email list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the Users would like to unsubscribe from SMS and/or email list, they can do so on ‘My Accounts’ page on the website. Should Users decide to opt-in to our Short

7. To send periodic Short Message Service (SMS) and emails: We may use mobile number and email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.

Data Security and Protection

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

We also do not store Credit Card details as we employ the use of authorized third party payment platforms such as PayPal and Wire Card that comply with the Payment Card Industry Data Security Standard (PCI-DSS).

Payment and user information data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures during the check out process.

Opt Out/ Corrections

Upon your written request, we shall (a) correct or update your personal information; (b) stop sending Short Message Service (SMS) and email promotional collaterals; and/or (c) disable your account to prevent any future purchases through that account.

You can email us at [email protected] or by telephoning us at +65 6285 0320. Please allow 7 working days to attend to any request. An auto email will be sent to you should you request to be unsubscribed from SMS and email.

Kindly be reminded not to email us your credit-card number or other sensitive information.

User’s account and information is considered active until request to opt out.

Sharing Your Personal Information

We do not sell, trade, or rent personal identification information of Users to others nor transfer your information outside of Gobbler’s Singapore office. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and Users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf. These activities include recording, holding, organization, adaptation, alteration, retrieval, combination, transmission, erasure and destruction of your information. We also engage third party service providers for marketing campaigns and will send out newsletters and conduct surveys. All such third parties are prohibited from using your personal information except to provide these services to us, and are required to maintain the confidentiality of your information. We will disclose your personal identification information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us or the website; (b) act under exigent circumstances to protect the personal safety of Users, or the public; and/or (c) to investigate or assist in the investigation of suspected unlawful activities including but not limited to fraud, intellectual property infringement or privacy.

Third Party Websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. We shall not be liable for any damages or loss howsoever arising from access to those websites. Use and/or access of the hyperlinks and access to such hyperlinked websites are entirely at your own risk. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies. In no circumstances shall we be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites to which this website is hyperlinked.

We reserve all rights to disable any links to, or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violate(s) any written law, any applicable intellectual property, proprietary, privacy or publicity rights or policy.

Access

Users can have access to personal account information via self-login to the Site under ‘My Account’ page to view and make necessary amendments. We may, upon your written request, allow you to view your stored personal information apart from information accessible from ‘My Account’ page. We reserve the right to charge a reasonable administrative fee for this service. In exceptional circumstances, we reserve the right to deny you access to your stored personal identification information and may provide an explanation as required by applicable laws. Exceptional circumstances include where:

1. An investigating authority or government institution objects to us complying with your request

2. The information may, in the exercise of our reasonable discretion and/or assessment, affect the life or security of an individual, and /or

3. Data is collected in connection with an investigation of a breach of contract, suspicion of fraudulent activities or contravention of law.

Changes to this Personal Data Protection Policy

We have the discretion to update this policy at any time. When we do, we will revise the date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we protect the personal information we collect. You agree that it is your responsibility to review this Personal Data Protection Policy periodically and become aware of modifications.

Your Acceptance Of These Terms

By using this Site, you signify your acceptance of this policy. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting Us

If you have any questions about this Policy, the practices of this Site, or your dealings with this Site, please contact us at [email protected] or at 6285 0320. Alternatively you can also contact our personal data protection act officer, Malcolm Luo at [email protected].

Governing Law

The Personal Data Protection Policy shall be governed and construed in accordance with the laws of Singapore and the courts of Singapore will have jurisdiction in case of any dispute.

This document was last updated on 2 January 2014.