9. Standard Rules of Promotion Codes

 

9.1 CAG may issue promotion code(s) during promotions from time to time.

 

9.2 Promotion code(s) is/are non-exchangeable for cash or credit. Unless otherwise stated, promotion code(s) is/are valid for one-time use per Customer and cannot be used in conjunction with any other codes, promotions, discounts, offers, such types of electronic vouchers issued by CAG (and as may be stipulated by CAG that can be used on the Portal from time to time) (“Changi eVouchers”),  coupons, rewards and redemption, loyalty programs, and Changi Airport Park & Fly Parking Coupons. Coupons.

 

9.3 Promotion code(s) is/are considered redeemed even if the Customer cancels the Order or terminates the Contract in which that promotion code was used.

 

9.4 Promotion code(s) is/are not valid for use on the following brands, retailers, specific products or selected best price flash deals:

 

Retailers & Brands

Airport Pharmacy, Ban Leong Technologies, Breo, Brands by Robinsons, Chanel, Changi Recommends, Chow Tai Fook, Crystal Tomato, Dior, Dyson Authorized Reseller, Gold Heart, iStudio, Kaira Technologies Official Store, Levante, Luvenus, Macallan, Me Nation Pte Ltd, Metapod, Mistral (Mayer Marketing Pte Ltd), OnSmart, Oppo Official SG, Phllips (18.COM ELECTRONICS), Samsung (Ottno), SG Elect Store, Shilla Retail Plus Pte Ltd, Shopitree, Shang Xia, SharkNinja, Skin Inc, Sony Singapore, Valencia.

 

Selected Products

All purchase-with-purchases, Changi Airport Park & Fly / Work Coupons, Selected products from Changi Airport Group (#2210, #2044), Lotte Duty Free for Aultmore 25 Years Sherry, Hakushu 18 Years Peated Malt, Hakushu Distiller's Reserve, Hibiki 12 Years Japanese Whisky, Hibiki 20 Years Japanese Whisky, Hibiki 21 Years Japanese Whisky, Hibiki 30 Years Japanese Whisky, Hibiki 40 Years Japanese Whisky, LOUIS XIII Co Cities SGP, LOUIS XIII The Classic Decanter, LOUIS XIII The Drop With Bottle Leather Case (Gold), LOUIS XIII The Drop With Bottle Leather Case (Red), Legent Yamazaki Cask Finish Blend, Yamazaki 12 Years Japanese Whisky, Yamazaki 18 Years Japanese Whisky, Yamazaki 25 Years Japanese Whisky, W3 Aultmore 28 Years, W3 Rosebank 31 Years Remarkable Cask Release 1, W4 Ardbeg Anthology: The Beithir's Tale, W4 Ardbeg Y2K 24 Years, W4 Bruichladdich Black Art Sapero and W4 Hennessy Paradis CNY 2026.

 

9.4A (a) Promotion code(s) can be applied by Customer to reduce the amount payable by the Customer on an order.

(b) In relation to the use of Promotion code(s) and Changi Rewards points by Customers under Clauses 6.10, 6.11 and 9 herein, Customer acknowledges and agrees that:

(i) CAG is not providing any service to the Customers or the Retailers in respect of a payment between the Customers and the Retailers;

(ii) CAG is not accepting or processing payment transactions for the Retailers;

(iii) CAG does not accept money from Customers, for the purpose of transmitting, or arranging for the transmission of, money to the Retailers, whether as principal or agent;

(iv) CAG does not receive money from customers for, or arrange for the receipt of money from Customers by, the Retailers, whether as principal or agent; and

(v) CAG does not arrange for the transmission of money from Customers to the Retailers, whether as principal or agent.

 

9.5 CAG reserves the right to terminate any promotion issuing promotion code(s) at any time, or to amend, vary or delete any of these Terms from time to time without notice.

 

9.6 CAG’s decision on all matters relating to the Portal’s promotions and promotion code(s) will be final and binding on all Customers.

 

10. Orders

 

10.1 An Order made by the Customer shall be deemed to be accepted only when the Order is confirmed and concluded by CAG on behalf of the Retailer (which is communicated to the Customer in the form of an Order confirmation email acknowledging and confirming the Customer’s Order). An accepted Order will be deemed to form part of a validly binding Contract entered into between the Retailer and the Customer (and concluded by CAG on behalf of the Retailer).

 

10.2 All Orders will be deemed to be irrevocable and unconditional upon transmission through the Portal and CAG (on behalf of the Retailer) shall be entitled (but not obliged) to process such Order(s) without the Customer’s further consent and without any further reference or notice to the Customer. Nevertheless, as stated in Clause 29, the Customer may request to cancel or terminate the Order under certain circumstances, which the Retailer will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing and Clause 29, the Retailer is not obliged to give effect to any request to cancel, terminate or amend any Order.

 

 10.3 Customers are encouraged to utilise the Chat Service to update, change or finalise the Specifications of an Order.

 

10.4 All Orders shall be subject to CAG’s confirmation and acceptance on behalf of the Retailer, and each Order accepted by CAG on behalf of the Retailer shall constitute a separate Contract. The Customer acknowledges that unless the Customer receives an Order confirmation email from CAG accepting the Order, the Retailer shall not be party to any legally binding contracts or promises made between the Retailer and the Customer for the sale or other dealings in relation to the Product(s) and accordingly the Retailer shall not be liable for any losses which may be incurred as a result.  CAG (on behalf of the Retailer) reserves the right to decline to process or accept any Order received from or through the Portal in its absolute discretion.

 

10.5 Where the Customer has provided Customer's Information for the purposes of the Order, the Customer warrants and represents, as applicable, that

(a) the Customer has the rights to disclose, use and/or license the royalty-free use, of Customer’s Information;

(b) the Customer's Information is accurate; and

(c) any legal obligations in force that may govern the Customer’s provision of such Customer's Information, have been complied with.

 

10.6 The Customer shall indemnify the Retailer and CAG in respect of any loss resulting from the breach of Clause 10.5.
 

10.7 Where the Retailer requires the Customer's co-operation to provide relevant and necessary Customer's Information, whether or not stated in the Specifications, the Customer shall be bound by these Terms to co-operate, and the Retailer will not be held liable under these Terms for failure to fulfil the Order if the Retailer’s failure was due to the Customer's failure to co-operate under this Clause.

 

10.8 The Retailer undertakes to use reasonable skill and care, and to execute work to a workmanlike standard, with properly-qualified staff, in fulfilling the Order.

 

10.9 The Retailer warrants and represents that the Products the Retailer provides under an Order:

 

(a) are free from material defects in workmanship, insofar as the Retailer is the manufacturer;

(b) are free from material defects in design and material, insofar as the Retailer is the originator of the design and/or material; and

(c) comply with all legal obligations in force that may govern the Retailer’s provision of such Products, whether directly or indirectly.

 

10.10 Where the Retailer offers Products on the Portal, the Retailer does not warrant or represent that the Products are fit for purpose, unless otherwise expressly provided in the Specifications in the Order.

 

10.11 Where the Retailer provides Products, the Retailer warrants and represents that the Products conform to the Specifications.

 

10.12 CAG and/or the Retailers may, at their sole discretion, place a limit on the quantities of any Products that may be purchased by Customers on the Portal. Such limits may be imposed on each (a) Order, (b) Changi Account, (c) credit card, or (d) Customer, as the case may be.

 

10.13 CAG and/or the Retailers may refuse or reject any Order at any time, for reasons which include, but are not limited to: (a) non-compliance by the relevant Customer of any conditions specified at the time of the Order; (b) failure of payment by the Customer or the inability or failure of the Payment Service Provider(s) to process payment for the Products, for whatever reason; (c) the unavailability of any ordered Products; or (d) any errors that have been made on the Portal or any errors made in connection with the Customer’s Order. In the event of a pricing error, CAG reserves the right to correct the pricing error and (if applicable) charge the Customer the correct price for the ordered Products, or the Customer may choose to request for a refund of the Order.

 

11. Fulfilment of Orders

 

11.1 The Retailer agrees that it is bound by and shall honour all Contracts and that it will be solely responsible for the Product fulfilment for all sales in respect of Products listed on the Portal that are sold by the Retailer.

 

11.2 Without prejudice to any provisions of these Terms, where CAG does not actually have actual possession of the Products, at no time shall CAG be responsible for any damage, loss or pilferage to any of the Products.

 

11.3 Except where CAG is acting in the capacity of a Retailer, nothing herein shall impose any liability upon CAG in respect of any defect in the Products arising out of the acts, omissions, negligence or default of the Retailer, its servants and agents including without limitation any failure by the Retailer to comply with any requirements as to storage and handling or use or servicing of the Products, use of the Products with other products or other misuse of the Products or accident or fair wear and tear of the Products.

 

11.4 The Customer acknowledges that delivery of the Products is subject to availability of the Products. The Retailer and/or CAG (as may be applicable) will make reasonable effort to deliver the Product to the Customer within the delivery timeframe, but the Customer acknowledges that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of the Customer’s Product is delayed, the Retailer and/or CAG (as may be applicable) will inform the Customer accordingly via email.

 

11.5 The Retailer and/or CAG (as may be applicable) may charge delivery costs to the Customer for the delivery of the Products and such delivery costs would be stated in the relevant Order and/or Item Description Page.

 

11.6  The Customer agrees that if the Order contains Liquor and/or tobacco product(s) (“Tobacco”), a person of 18 years of age or older with appropriate identification will collect or take delivery of the Liquor and a person of 21 years of age or older will collect or take delivery of the Tobacco. CAG and the Retailer reserve the right not to deliver any Liquor and/or Tobacco to anyone who is, or appears to be under, the age of 18 or 21 years old (as the case may be), and to charge the Customer an additional re-delivery fee (which shall be advised by CAG) should a re-delivery be required. The Customer agrees that if any applicable legal requirements for the purchase of Liquor and/or Tobacco are not met, CAG and the Retailer reserve the right to cancel the Liquor-related and/or Tobacco-related portion of the Order. CAG and the Retailer also reserve the right to refuse to deliver any Liquor and/or Tobacco to any person who is, or appears to be, under the influence of either alcohol or drugs.

 

12. Delivery and Collection of Products

 

12.1 (i) Products will be delivered by the relevant Retailers and/or CAG (as may be applicable) to the Collection Centre, Alternate Delivery Location or the Delivery Address as indicated in the acknowledgement of the Customer’s Order. The Order confirmation email will also set out the date and indicative time by which the relevant Products will be delivered, or are available for collection.

(ii) Where the Retailer charges Customers delivery costs for the delivery of the Products, there will be a contract between the Retailer and the Customer for the provision of such delivery services to the Customer (“Delivery Customer Contract”). When CAG confirms and concludes an Order and the sale of the relevant Product(s) and the resulting Contract pursuant to Clause 10.1, CAG also concludes the sale of such delivery services to the Customer and the Delivery Customer Contract, on behalf of the Retailer. The parties to the Delivery Customer Contract are the Retailer and the Customer.
 

12.1A Where CAG charges Customers delivery costs for the delivery of the Products, CAG provides Customers with the delivery services as a merchant and the delivery costs are payment to CAG for the delivery services provided.
 

12.2 In respect of collection, where applicable, the Customer has to produce his/her boarding pass, passport and acknowledgement of his/her Order at the designated Collection Centre before the relevant Products can be collected. The Collection Centre may be a specified collection point designated by CAG, or the physical retail store of the Retailer. The availability of the various modes of delivery will be listed on the Item Description Page, and the Customer will have the option (where available) of selecting his/her preferred Collection Centre or Delivery Address.

 

12.3 If delivery of the relevant Order has been attempted but the Customer is not present to receive it, the Order will be re-delivered on the next available date. There is a re-delivery fee (which shall be advised by CAG) for each additional attempted delivery after the delivery fails on the first two (2) attempts. The re-delivery fee shall be borne by the Customer, and be payable at the time the Customer submits a request for the re-delivery.  

 

12.4 Failure to collect or to take delivery of the relevant Product(s) within the time specified, or to produce the documentation described in Clause 12.2, shall be deemed to be a rejection of the Product(s) and the relevant Order and Contract shall be cancelled within twenty-four (24) hours. The Product(s) may be re-sold by the Retailer (through the Portal or otherwise). Appropriate refunds shall be provided by CAG or the Retailer as the case may be to the relevant Customer.

 

13. Risk and Property of the Products

 

13.1 Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Products, at the time when the Retailer or CAG (as may be applicable) has tendered delivery of the Products.

 

13.2 Notwithstanding delivery and the passing of risk in the Products or any other provision of these Terms, title in the Products shall not pass to the Customer until the Payment Service Provider(s) has received funds payment in full of the price of the Products and all other Products agreed to be sold by the Retailer to the Customer for which payment is then due. 

 

13.3 Until such time as the title in the Products passes to the Customer, the Customer shall hold the Products as the Retailer’s fiduciary agent and bailee and shall keep the Products separate from those of the Customer.

 

13.4 The Customer shall immediately notify the Retailer of any matter from time to time affecting the Retailer’s title to the Products and the Customer shall provide the Retailer with any information relating to the Products as the Retailer may require from time to time.

 

13.5 Until such time as the title in the Products passes to the Customer, the Retailer shall be entitled at any time to demand the Customer to deliver up the Products to the Retailer. In the event of non-compliance, the Retailer reserves it’s right to take legal action against the Customer for the delivery of the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.

 

 

13.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness of the Products which remain the property of the Retailer. But if the Customer does so, all moneys owing by the Customer to the Retailer shall (without prejudice to any other right or remedy of the Retailer) forthwith become due and payable.

 

13.7 The Customer shall indemnify CAG and the Retailer against all loss, damages, costs, expenses, and legal fees incurred by the Customer in connection with the assertion and enforcement of the Retailer’s or CAG's rights under this Clause 13.

 

 

14. Customer-specific rights and obligations

 

14.1 The Customer has the responsibility to ensure that the submitted Order is accurate. The Retailer and CAG shall not be liable for any loss caused by any inaccuracy in the Order.

 

14.2 CAG does not guarantee the correctness of the description of the Products provided by Retailers and will not be liable to the Customer for any loss caused by any inaccuracy in the Retailer's postings.

 

14.3 In addition to other representations, warranties and undertakings by the Customer elsewhere in these Terms, the Customer further represents and warrants at all times that:

 

(a) he/she has the full power and authority to procure the Products and to grant the rights and undertake the obligations hereunder;

(b) he/she shall keep to his/her payment obligations confirmed under the Order as well as those agreed with CAG;

(c) he/she shall provide all necessary information and shall extend any necessary co-operation to the Retailer and/or CAG (as may be applicable) for the Retailer and/or CAG (as may be applicable) to fulfil its obligations under the Contract and for the Retailer and/or CAG (as may be applicable) to deliver the Products;

(d) all information given and to be given by the Customer to CAG through the Portal from time to time are true and accurate;

(e) any material, data or information submitted by the Customer through the Portal does not contain any electronic virus or other similar malicious electronic code;

(f) the Customer’s use of the Portal does not and will not contravene any law, rule, regulation, judgment, decree, permit, authorisation, policy or directive (in each case, whether or not having the force of law) which is binding on or otherwise applicable to the Customer or to which he/she is subject; and

(g) if the Customer’s Order includes Liquor, that the Customer is 18 years of age or older,  and if the Customer’s Order includes Tobacco, that the Customer is 21 years of age or older.

 

15. Retailer-specific rights and obligations

 

15.1 The Retailer is responsible for ensuring that the listed Products are accurate, including the descriptions of the Products and the desired prices. The Customer and CAG shall not be liable for any loss caused by any inaccuracy in the listed Products.

 

15.2 Without prejudice to any other obligation of the Retailer, all Products being put up for sale on the Portal by the Retailer will fall within certain approved categories set out by CAG on the Portal. Such categories are subject to changes further to the exercise of CAG's sole and absolute discretion.

 

15.3 CAG does not guarantee the correctness of any Order submitted by the Customer, and will not be liable to the Retailer for any loss caused by any inaccuracy in the Customer’s Order.

 

15.4 In addition to the other representations, warranties and undertakings by the Retailer elsewhere in these Terms, the Retailer further represents, warrants and undertakes that:

 

(a) it has the full power and authority to provide the Products and to grant the rights and undertake the obligations hereunder and satisfies all the requirements and fulfils all the conditions set forth in the Specifications;

(b) it will perform all its obligations under these Terms including those set out in the Specifications in accordance with the terms thereof;

(c) it will procure the delivery of the Products in a proper and professional manner at all times;

(d) the provision of the Products by the Retailer to the Customer and the provision of information on the Products (including but not limited to write-ups and photographs) on the Portal, does not and will not infringe any Intellectual Property Rights or any rights of whatever nature of any third party;

(e) it shall act, at all times, in the best interests of the Customer and not allow its interest to conflict with the duties it owes to the Customer;

(f) it shall treat the Specifications and other information from the Customer as confidential unless the Customer has dispensed of such confidentiality with prior written consent;

(g) it shall not fraudulently post on the Portal, and shall only post on the Portal for the purpose and intent of completing a transaction with a Customer on the Portal;

(h) it shall not carry out acts of sabotage against other Retailers;

(i) it shall not unreasonably request for additional payments after the Order has been confirmed by and accepted by CAG on behalf of the Retailer;

(j) it shall act towards the Customer dutifully and in good faith;

(k) it shall absorb all costs and/or expenses incurred in the handling and/or delivery of the Products unless otherwise expressly agreed in writing by CAG;

(l) it shall comply strictly with all applicable laws and regulations, including but not limited to all food safety and customs laws and regulations;

(m) the Products provided by the Retailer will conform in all respects to the Specifications;

(n) all Products sold under these Terms are truthful, accurate, complete and provided in accordance with the Specifications; and

(o) it will not, directly or indirectly, sell stolen, counterfeited, replicas, unauthorized copies, illegal or misbranded, or products violating any Intellectual Property Rights.

 

16. Notices

 

16.1 Unless otherwise expressly provided herein or under the Contract, any notice to be given by CAG to the Customer under these Terms shall only be deemed to have been served on the Customer if the notice is sent by:

 

(a) post to the address provided by the Customer in his/her application for the use of the Portal or such other latest address as may be specified in writing by the Customer to CAG;

(b) facsimile transmission to the facsimile number as may be specified in writing by the Customer to CAG from time to time; or

(c) email to the email address – provided by the Customer in his/her application for the use of the Portal or such other latest email address as may be specified in writing by the Customer to CAG.

 

16.2 The Customer shall immediately notify CAG of any change in his/her correspondence address, facsimile number (if provided) and email address.

 

16.3 Where these Terms provide for CAG to notify the Customer by posting a notice on the Website:

 

(a) such posting on the Website shall constitute sufficient notice to the Customer; and

(b) such notice shall, unless otherwise specified by CAG, take effect from the time of posting on the Website.

 

16.4 Unless otherwise expressly provided herein or under the Contract or unless otherwise specified by CAG, any notice which the Customer is required to give to CAG shall only be deemed to have been served on CAG if the notice is sent:

 

(a) by post, to:

Changi Airport Group (Singapore) Pte Ltd

PO Box 168, Singapore Changi Airport

Singapore 918146

Attention:

Commercial (Online Retail); or

 

(b) by feedback form, via:

https://feedback.changiairport.com/

Attention:

Commercial (Online Retail),

or to such other address, facsimile number, email or means as may be notified by CAG on the Website from time to time.

 

(c) by feedback form for Changi Rewards related enquires, via:

 https://www.changiairport.com/en/rewards/feedback.html

 

16.5 For the avoidance of doubt, notices may not be served by way of Messages.

 

16A General Enquiries

16A.1 The Customer may call (65) 6595 6868 for general enquiries relating to his/her Order on the Portal.

 

17. Liability and Indemnity

 

17.1 The Customer acknowledges and agrees that:

(a) In CAG’s capacity as Portal provider and operator, CAG merely provides a forum and platform for Customers and Retailers to come together for the sale and purchase of Products between Retailers and Customers. CAG therefore has no control whatsoever over the availability, quality, legality or safety of the Products, or of any other characteristics upon which the Customer may rely, the accuracy of any of the listings, descriptions and information relating to the Products, and the ability and capacity of any Retailer to transact. Accordingly, the Customer waives any claim that he/she may have against CAG that is in any way connected with a dispute between the Customer and any other user of the Portal (including any other Customer and any Retailer) and the Customer agrees to indemnify CAG for any losses or liability CAG may suffer as a result of any claim against CAG by another user or any other third party as a result of the Customer’s dealings with such other user or party;

(b) CAG is not responsible and shall not be liable for any hyperlink to any other website. Any reference to any website, entity, product or service is not an endorsement or verification by CAG of such website, entity, product or service, and CAG is not responsible for the content of any of the foregoing; and

(c) CAG shall not be liable in any way for any damages, losses, costs (including legal costs), expenses, liabilities or compensation, whether direct or indirect, which arise from or are in connection with the access and use of the Portal by the Customer, or any breach of security, delay, corruption or destruction of data or systems (including but not limited to those caused by any virus or other malicious code), transmission error, inaccessibility (whether in connection with upgrading or modification of the Portal, failure or insufficiency of the technical facilities or otherwise of the Customer) of the Portal or any part thereof, whether due to the negligence of CAG or its officers, employees, agents, contractors or otherwise.

 

17.2 The Customer agrees to indemnify and hold CAG, its officers, employees, agents and contractors harmless against all damages, losses, costs (including legal costs), expenses and liabilities suffered or incurred by CAG, its officers, employees, agents or contractors arising out of or in connection with:- 

 

(a) the acts, failures, omissions and defaults of the Customer, including but not limited to infringement of any Intellectual Property Rights or other rights of third parties, unauthorised access and/or use of the Portal or any part thereof, unauthorised disclosure or use of any Authentication Method and/or failing to act in accordance with these Terms; or

(b) arising from any tax, duties, excise or licence fee liability in connection with these Terms (with the exclusion of taxes payable by CAG on its income).

 

18. CAG’s Rights

    

18.1 The Portal is provided on an ‘as is’ basis and CAG makes no representations or warranties of any kind with respect to the Portal and disclaims all such representations and warranties. In addition, CAG makes no representations or warranties about the accuracy, completeness, reliability, timeliness, non-infringement, title, or suitability for any purpose of all information and content made available on or through the Portal. Such information and content may contain factual or technical inaccuracies or typographical errors. All liability of CAG howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

 

18.2 The Customer agrees that CAG shall not be held liable in respect of any non-performance of obligations by the Customer or the Retailer. For the avoidance of doubt, CAG shall not be held liable in respect of any violations of food safety and customs laws and regulations.

 

18.3 CAG does not provide any warranty with respect to the quality of the Products.

 

18.4 The Customer agrees that CAG reserves the rights to enforce these Terms and the Terms of Use as against any of the Parties for any non-compliance thereto, including barring Parties from the use of the Portal without any compensation.

 

18.5 The Terms of Use shall be deemed to be incorporated by reference under these Terms.

 

18.6 The Customer agrees that any violation of the Terms of Use render any Orders voidable at CAG’s option only. The Customer will not have any right to plead the invalidity of any Orders based solely on the grounds that the Terms of Use were breached.

 

18.7 If the Customer breaches any of these Terms, CAG shall have the rights to do any or all of the following, in addition to any of the other remedies under these Terms and at law CAG is entitled to claim against the Customer:

(a) limit or remove entirely the Customer’s profile on the Portal;

(b) restrict or remove the Customer’s access to the Portal;

(c) where the Customer acted fraudulently or provided inaccurate information to CAG, remove the Customer’s access to the Portal without any refunds for any fees or other monies paid to CAG; and/or

(d) delete or modify any of the content the Customer uploads onto the Portal.

 

19. Intellectual Property Rights

 

19.1 The Retailer shall defend, indemnify and hold harmless the Customer and/or CAG (as the case may be) and its officers, directors, employees, agents and representatives against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, anticipated savings, business opportunity, reputation or goodwill, and all interest, penalties and legal costs and all other professional costs and expenses) arising from or in connection with any claim or action against Customer and/or CAG by any third party for actual or alleged infringement of the Intellectual Property Rights in the Products.

 

19.2 Any use of materials on the Website and the Portal (including alteration, modification, distribution or republication) without CAG’s prior written consent is prohibited.

 

20. Personal Data

 

20.1 The provision of goods and services under these Terms requires the processing of Customer’s Personal Data, including name, passport number, personal email, contact number, shipping addresses , CAG and the Retailer may use Customer’s Personal Data for the purposes of these Terms and CAG may also match Customer’s Personal Data collected under these Terms with other data CAG holds about the Customer to optimise operations and services offered to Customer through the Portal and other platforms such as providing relevant and personalised content designed to make the user experience smoother and more enjoyable, statistical analysis, and improving the products and services that the CAG group offers (“Relevant Purposes”). CAG may also disclose Customer’s Personal Data to any of its subsidiaries, affiliates, services providers and/or agents for the Relevant Purposes.  Customer consents to CAG’s collection, use, disclosure, storage and other processing of any Customer’s Personal Data provided in accordance with all applicable privacy laws and CAG’s Privacy Policy. Where Customer provides Personal Data on behalf of another individual, the Customer represents and warrants that the Customer has valid authority and consent to provide such Personal Data and consents to this Clause 20 on the individual’s behalf.

 

20.2 Customer represents and warrants that any Customer’s Personal Data the Customer discloses to CAG is complete and accurate. Each Customer shall fully indemnify CAG against any loss or damage that may result from breach of this Clause 20.2.

 

21. Waiver and Cumulative Rights

 

21.1 A waiver of any rights or remedies under these Terms or the applicable laws shall not operate to waive any future breach or default except to any extent expressly stated, and shall only be effective if given in writing, by the Party granting such waiver and given to the other Party in accordance with Clause 16.

 

21.2 No failure on the part of CAG to exercise, and no delay on its part in exercising, any right or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

 

21.3 Any rights and remedies accruing to a Party under these Terms shall be cumulative, and shall not prevent the exercise of any other right or remedy that the Party may have under these Terms.

 

22. Independent Parties

For the purposes of these Terms, save as otherwise provided under these Terms that CAG has the authority to (a) accept, process, reject Order(s); (b) sell and conclude the sale of Product(s) on the Portal; (c) cancel Contract(s); and/or (d) suspend the delivery of Product(s), all on behalf of the Retailer, each Retailer shall be and shall be deemed to be an independent contractor of CAG and CAG shall not in any event be responsible for any act and/or omission of any Retailer.

 

23. Severance

If any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal, invalid or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner to achieve the intention of the Parties. Alternatively, at the discretion of CAG, it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect, unless CAG (in CAG’s discretion) decides that the effect of such declaration is to defeat the original intention of the Parties.

 

24. Assignment

The Customer shall not assign or transfer his/her rights or obligations under these Terms or any part, interest or share therein without the prior written consent of CAG.

 

25. Variation and Modification

 

25.1 CAG reserves the right to vary or modify these Terms from time to time.

 

25.2 The varied or modified version of these Terms shall be posted on the Website from time to time and such posting shall constitute sufficient notice to the Customer and Retailer of the variation or modification. The variation and modification shall take effect on the date of the posting of the same on the Website. If the Customer and Retailer continues to use the services, information and functions made available by CAG at the Portal provided by CAG after such amendment, the Customer and Retailer shall be deemed to have accepted the amendments.

 

26. Third Party Rights

A person or entity who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term herein. To avoid doubt, CAG, Customer and Retailers are all parties to these Terms.

 

27. Force Majeure, Acts of God, and Frustrating Events

 

27.1 Save as stated below, each Party shall not be liable for any claims, losses, damages, costs and expenses resulting from any respective failure to perform its obligations if such failure results from a cause or causes beyond the reasonable control of that Party, including government regulations, threat of terrorism, war, labour trouble, strikes, fire, natural disasters, risk of infection, quarantine orders and precautions, epidemic outbreaks, casualties or inability beyond such Party’s reasonable control (each a "Force Majeure" event).

 

27.2 If a Party shall be prevented by a Force Majeure event from performing or observing its obligations under this Terms, that Party shall make every effort to remove, remedy or mitigate the cause or effect of the Force Majeure event, and that Party shall be released from such performance or observance to the extent that such performance or observance shall be prevented by the Force Majeure event. That Party shall perform and observe its other obligations under this Terms insofar as they shall not be affected by the Force Majeure event.

 

27.3 If a Party is wholly unable to perform its obligations under these Terms because of events under Clause 27.1, the Terms shall be treated as frustrated, and the Frustrated Contracts Act (Cap. 115) shall apply.

 

27.4 For the avoidance of doubt, performance shall be deemed wholly impossible only if it is physically or legally impossible, and not merely because it has become more onerous or difficult, or financially disadvantageous to the Parties to do so.
 

28. Exclusions

 

28.1 Nothing in these Terms shall limit or exclude the Retailer’s liability for:

(a) death or personal injury caused by the Retailer’s negligence or the negligence of the Retailer’s employees, agents, or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) active sabotage or other wilfully malicious activity; or

(d) breach of any term or condition for which liability cannot be limited or excluded by the applicable law, for which the Retailer remains liable to the Customer and to CAG for any loss, damage, costs and expenses incurred as a result of these breaches.

 

28.2 For the avoidance of doubt, this Clause 28 shall not waive or exclude any liability in relation to matters on which these Terms are silent.

 

29. Termination

 

29.1 The Customer may cancel an Order or terminate a Contract by written notice to CAG. If the Products have already been dispatched, the Customer may not cancel the Order or terminate the Contract but may only return the Products for a refund in accordance with Clause 7. The cancellation of an Order by a Customer would be deemed to be a termination of the relevant Contract by that Customer.

 

29.2 The Customer may not request to amend the Order. However, notwithstanding the foregoing, the Customer may cancel an Order or terminate a Contract in accordance with Clause 29.1 and enter into a new Order.

 

29.3 The Retailer, or CAG on behalf of the Retailer, may cancel an Order notwithstanding a Contract has been entered into by Parties (and which is concluded by CAG on behalf of the Retailer), if for whatever reason the Retailer finds itself unable to fulfil the Order. If the Retailer is unable to fulfil the Order for whatever reason, the Retailer will be liable to the Customer for a reimbursement of the Order price, if the said Order price has already been paid to the Retailer.

 

29.4 Without affecting other rights and remedies available under these Terms or the applicable law, the Customer may cancel an Order or terminate a Contract with immediate effect by giving notice in writing if:

(a)the Retailer takes any steps or actions in connection with:

(i) administration;

(ii) provisional liquidation;

(iii) composition;

(iv) arrangements with its creditors (unless for a solvent restructuring);

(v) being wound up, whether voluntarily or by order of court (unless for a solvent restructuring);

(vi) having a receiver appointed to any of its assets; or

(vii) ceasing to carry on business, regardless of the jurisdiction in which the steps are taken;

(b) the Retailer suspends, ceases, or threatens to suspend or cease all or a substantial part of its business; or

(c) the Retailer’s financial position deteriorates to such an extent that in the Customer’s reasonable opinion, Retailer’s ability to fulfil the Terms is in serious jeopardy.

 

29.5 If a Contract is terminated, each Party will no longer owe any obligations due in the future to the other Party, save for the Customer’s obligation to return the Product in accordance with Clause 7 and the Return Policy and the Retailer’s obligation to make a refund, as the case may be, once a request for refund has been initiated. 

 

29.6 Notwithstanding Clause 29.5, the termination of a Contract shall not affect any provision of these Terms, or any remedies available to the Customer, that expressly or by implication is intended to come into force or continue after the cancellation or termination of the Contract.

 

29.7 Orders or Contracts shall not be invalidated or terminated merely by reason that CAG or the Portal ceases to exist without a successor, and will continue in full force and effect subject as far as possible to these Terms, as if the Parties had contracted for the Products on their own accord without CAG having been a party in these Terms. 

 

30. Dispute Resolution

 

30.1  Subject to Clause 30.2, if any dispute arises between the Retailer and the Customer as to the application of these Terms, the Customer shall first refer the dispute to CAG by sending a notice of dispute to CAG’s customer service officers or via the Portal as indicated on the Website. 

 

30.2 The Customer agrees that CAG has the right to make a determination on the dispute between the Retailer and the Customer based on evidence submitted by the Retailer and the Customer. 

 

30.3 The Customer agrees that in the event of CAG making the said determination on the dispute between the Retailer and the Customer, such determination shall be final. CAG’s determination on the dispute may include CAG imposing a full or partial refund or direct that a reasonable sum of money to be paid for Products already delivered (whether or not such Products conform fully to the Specifications). CAG’s discretion for such a determination is final and binding, and Parties agree that the said determination shall not be appealable or applied to be set aside by Parties.

 

30.4 The Customer agrees that he/she shall have recourse to the Singapore courts only after the dispute between the Retailer and the Customer has first been referred to CAG under Clause 30.1, and CAG has been unsuccessful in resolving the dispute or have not replied to the Customer within twenty-eight (28) days from the date of notice as provided in accordance with Clause 30.1 and Clause 30.3.
 

30.5 CAG reserves the right to refuse to assist in resolving any dispute between the Retailer and the Customer under this Clause 30.

 

30.6 In the event of a dispute between the Customer and CAG in its capacity of Portal provider or Retailer, the Customer agrees that except as provided for in Clause 31, any dispute, controversy or claim arising out of or relating to this Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the rules for arbitration of the SIAC. The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.

 

31. Applicable Law and Jurisdiction

 

31.1 These Terms shall be governed by, construed and interpreted in accordance with the laws of Singapore.

 

31.2 Subject to Clause 30, each Party agrees to submit to the exclusive jurisdiction of the Singapore Courts as regards any claim or matter arising under or referable to these Terms.

 

32. Entire Agreement and Implied Terms

 

32.1 These Terms, and the Terms of Use and the Changi Account Terms are intended by each and every Party as a final expression of agreement and intended to be a complete and exclusive statement of the contract and understanding of each and every Party hereto in respect of the subject matter contained herein. These Terms, the Terms of Use and the Changi Account Terms supersedes all prior contracts and understandings between the each and every Party with respect to such subject matter.

 

32.2 Any conditions, warranties or other terms implied by statute or common law on CAG’s part are excluded to the fullest extent permitted by applicable law.