(Published March 2021)

TERMS OF USE 

These Terms of Use (“Terms”) govern your use of the website and mobile application provided by Factory Foods (or referred to as “us”) (collectively the “Platform”). Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platform or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platform.

The Platform may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to Singapore provisions.

Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately. 

Factory Foods reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platform following the date on which the amended Terms are posted.

Factory Foods

1.1 Who we are 

The Terms laid out in the Platform www.factoryfoods.net forms the contract between you and entity: Factory Foods Pte Ltd.

1.2 What we do

Through our Platform, factoryfoods.net, you are able to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as “Goods“) to be delivered to you. When you place an order for Goods from our Platform (“Order”), factoryfoods.net will facilitate the payment through a 3rd Party to process and conclude the order. The payment portal accepts Credit Cards payment & is fully owned and operated by the 3rd party vendors. The execution of the delivery process is managed by Factory Foods.

1.3 How to contact us

For customer support, you may reach out to us via email listed on our website. 

2 Use of the Platform and Account

2.1 You will need to register for an account for you to use the Platform. When you register for an account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your account are your sole responsibility. 

2.2 Factory Foods shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.

2.3 If you wish to delete your account, please send us an email requesting the deletion. We may restrict, suspend or terminate your account and/or use of the Platform, if we reasonably believe that: 

2.3.1 someone other than you is using your account; or 

2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platform.

3 Restrictions

3.1 Activities Prohibited on the Platform

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platform. Factory Foods reserves the right to investigate and take appropriate legal action against anyone who, in Factory Foods’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

3.1.1 using the Platform for any purpose in violation of local, state, or federal laws or regulations;

3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Factory Foods in its sole discretion or pursuant to local community standards;

3.1.4 posting content that constitutes cyber-bullying, as determined by Factory Foods in its sole discretion;

3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;

3.1.6 posting telephone numbers, street addresses, or last names of any person;

3.1.7 posting URLs to external websites or any form of HTML or programming code;

3.1.8 posting anything that may be “spam,” as determined by Factory Foods in its sole discretion;

3.1.9 impersonating another person when posting content;

3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;

3.1.12 harassing, threatening, stalking, or abusing any person on the Platform;

3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the sole discretion of Factory Foods, exposes Factory Foods or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

3.1.14 encouraging other people to engage in any prohibited activities as described herein. 

3.2 Factory Foods reserves the right but is not obligated to do any or all of the following:

3.2.1 investigate an allegation that any content posted on the Platform does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;

3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

3.2.3 suspend or terminate a user’s access to the Platforms or their Account upon any breach of these Terms;

3.2.4 monitor, edit, or disclose any content on the Platform; and

3.2.5 edit or delete any content posted on the Platform, regardless of whether such content violates these standards.

4 Intellectual Property 

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material, whether registered or unregistered, are the intellectual property of Factory Foods and/or third parties who have authorised us with the use. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these images in any way without our prior express written consent. The use of Factory Foods images on any other website not approved by us is strictly prohibited. Factory Foods will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Factory Foods neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with Factory Foods. Use of any materials on the Platform is at your own risk.

Images displayed on the Platform are for illustration purposes only. Most images have been taken professionally by our photographer. Some common images have been sourced from the internet to illustrate the final product. If you lay claim to any of these images used on our Platform, please write in to us with evidence of claim and we will remove the images.

5 Orders 

5.1 When you place an Order with Factory Foods, Factory Foods will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.). 

5.2 Special Instructions – Factory Foods reasonably endeavour to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, Factory Foods reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Factory Foods shall be not be responsible to replace or refund an Order which does not conform to special instructions provided by you. 

5.3 Allergens – Factory Foods is not obligated to provide ingredient information or allergen information on the Platform. However, the ingredients have been placed on the Platform for convenience. If you have dietary restrictions, we advise you to write in to us to stress these restrictions so we may flag your order and prepare accordingly. We prepare many customised meals & strive to prepare meals according to customer needs. Our kitchen equipment are extensively used to prepare a variety of food products. These equipment are used to prepare recipes that include ingredients which are classified as allergens. Hence, residual traces of allergens may be found in your order. Factory Foods bears no responsibility for any food allergic reaction incurred by you or your guests.

5.4 Please note that your Order may be subject to additional terms and conditions. 

5.4.1 You are required to provide the delivery address upon order on the Platform.

5.4.2 Please inform us if there are delivery restrictions or guidelines in your place of receiving during the Order. 

5.5 Placing the Order

To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

5.6 Cancelling an Order 

5.6.1 Please contact us immediately via e-mail if you wish to cancel your Order after it has been placed. You may cancel your Order only if you contact us immediately informing us of its cancellation. No refunds will be given. However, you may exchange an order/item amounting to an equal value of your purchase. We have a wide variety of choices for you to make an alternative selection. Our food preparation goes through multiple stages and our production system follows a uniflow process. Unlike non-perishable items, we cannot practice recycling or reusing ingredients once it has been drawn from our inventory. This is to provide assurance to our valued clients that our organization maintains high ISO22000 standards. Write to us at:

manufacturing@factoryfoods.net

account@factoryfoods.net

5.6.2 Refunds

(i) Online Payment Orders

No refunds will be given for goods purchased online. A reminder of this policy is placed at the checkout page prior to placing an Order. You understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order. However, you may exchange an order/item amounting to an equal value of your purchase. We have a wide variety of choices for you to make an alternative selection. Our food preparation goes through multiple stages and our production system follows a uniflow process. Unlike non-perishable items, we cannot practice recycling or reusing ingredients once it has been drawn from our inventory. This is to provide assurance to our valued clients that our organization maintains high ISO22000 standards.

(ii) Cash-on-Delivery Orders 

We do not accept Cash-On-Delivery. All Orders are prepared upon payment via our Platform.

5.7 Factory Foods reserves the right to cancel any Order and/or suspend, deactivate or terminate your account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your account and/or with your Order. 

6 Prices and Payments

6.1 Prices quoted on the Platform are displayed in Singapore Dollars and subject to applicable tax. Prices and offers on the Platform may vary. 

6.2 The way we display the prices of our Goods on our Platform may vary to: 

6.2.1 include GST;

6.2.2 include offers & promotions.

A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you. 

6.3 Delivery fees are chargeable on every Order unless: 

6.3.1 you fulfil the minimum order amount; 

6.3.2 you have a valid promotional or discount voucher and apply it at Checkout; or 

6.3.3 unless stated otherwise.

6.4 Prices indicated on the Platform are as at the time of each Order and may be subject to change. 

6.5 You can choose to pay for an Order using any of the different payment methods offered on the Platform including: 

6.5.1 Our payment partners: Visa & Mastercard; or

6.5.2 Such other payment method we offer from time to time. 

6.6 If you have existing credit in your account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be. 

6.7 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt.

6.8 Payment Methods 

Factory Foods reserves the right to offer additional payment methods and/or remove existing payment methods at anytime in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. Factory Foods does not store your credit card or payment information.

6.9 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Factory Foods takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

7 Delivery

7.1 Delivery Areas

You understand that we offer Goods in specific delivery areas. By entering your delivery address on the Platform, you will see whether your address covers the delivery area.

7.2 Delivery Time

7.2.1 Factory Foods shall deliver your Order to the delivery address provided by You. Delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.

7.3 Unsuccessful or Failed Deliveries 

7.3.1 In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

(i) no one was present or available to receive the Order; or 

(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or

(iii) lack of appropriate or sufficient access to deliver the Order successfully; or

(iv) lack of a suitable or secure location to leave the Order.

7.3.2 No-show Cancellations 

If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, Factory Foods reserves the right to cancel the Order without refund or remedy to you. 

7.4 Wrong Order, Missing Items, Defective Goods 

Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please acknowledge on the Delivery Order & e-mail immediately. In some cases, Factory Foods may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

7.5 Order Pick-Up 

7.5.1Factory Foods does not provide a self-collection of goods. All goods are delivered to you.

8 Vouchers, Discounts and Promotions

8.1 From time to time, Factory Foods may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platform (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

8.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. 

8.3 Unless otherwise stated, Vouchers can only be used on our Platform. 

8.4 Vouchers cannot be exchanged for cash.

8.5 Factory Foods reserves the right to void, discontinue or reject the use of any Voucher without prior notice.

8.6 We may exclude certain products from the use of Vouchers at any time without prior notice to you. 

9 Representations, Warranties and Limitation of Liabilities

9.1 Representations and Warranties 

You acknowledge and agree that the content on the Platform are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While Factory Foods makes reasonable efforts to ensure the provision of the Platform and the services we offer, are available at all times, we do not warrant or represent that the Platform shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

Limitation of Liability 

To the extent permitted by law, Factory Foods (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platform, our services, and any website linked to our Platform and any content or material posted on it. Your exclusive remedy with respect to your use of the Platform is to discontinue your use of the Platform. The Factory Foods entity, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platform or for any other claim related in any way to your use of the Platform. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Factory Foods entity, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Factory Foods, its agents, representatives and service providers’ liability shall be limited to the extent permitted by law.

9.2 Vendor’s representations

Factory Foods shall neither be liable for actions or omissions by you in regard to provision of the Goods. Factory Foods does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided once the Delivery Order has been acknowledged upon receipt of goods.

10 Personal Data (Personal Information) Protection 

You agree and consent to Factory Foods and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the link on our Platform, and shall form a part of these Terms. 

11 Indemnity 

You agree to indemnify, defend, hold harmless Factory Foods, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platform or your breach of these Terms. 

12 Third Party Links and Websites

The Platform may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. Factory Foods does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. Factory Foods accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.

13 Termination

Factory Foods has the right to terminate, suspend or delete your account and access to the Platform, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Factory Foods, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Factory Foods may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.

14 Amendments 

Factory Foods may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platform. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platform immediately.

15 Severability 

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

16 Governing Law

These Terms shall be governed and construed in accordance with the laws of the country / courts of jurisdiction in which the relevant Factory Foods entity is incorporated as set out in the table below. The following courts will have jurisdiction over any dispute or claim arising out of or in connection with the use of the Platforms:

Factory Foods (www.factoryfoods.net); Republic of Singapore

17 Contact Us

If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email.

18 Prevailing Language

In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.