Terms of Use

 

By accessing this site, you agree to be bound by these website and web application terms of use (“Terms of Use”). These Terms of Use constitute a binding agreement between you and the Company and govern your use of the website, web application, and any subsequent software (“the Software”). For avoidance of doubt, the continued use of the Software signifies your implicit consent to be bound by the terms herein, and that you have performed the necessary diligence and/or sought the appropriate advice before relying or acting upon the content of the Software.

 

 

 

 

In addition to these Terms of Use, your use of the Software is also subject to the Privacy Policy (located at www.klikit.io/privacy), which is incorporated by reference into these Terms of Use.

 

 

 

klikit provides a complete commerce platform that enables merchants to unify their commerce activities. Among other features, this platform includes a range of tools for merchants to build and customize online stores, sell in multiple places (including web, mobile, social media, online marketplaces, and other online locations (“Online Services”)) and in person (“POS Services”), manage products, inventory, payments, fulfillment, shipping, business operations, marketing, and advertising, and engage with existing and potential customers. Any such service or services offered by klikit are referred to in these Terms of Service as the “Service(s).” Any new features or tools that are added to the current Services will also be subject to the Terms of Service.

 

 

 

If you are under the age of 18 years old, you cannot utilize the Software. By using the Software, you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or sustain any losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

 

 

 

 

Your use of the Software is subject to the rules outlined in Schedule 1 below.

 

 

 

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

 

 

 

 

 

By using the Software, you agree to indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners, and affiliates from and against all losses, liabilities, costs, expenses, or damages (including actual, special, indirect, and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or rendered by any of them due to, arising out of, or in any way related to (directly or indirectly):

 

 

 

 

 

 

The Company reserves the right to make any parts of this site and the broader suite of products accessible only to users who have registered.

 

 

Upon registration with either the website or mobile application, you will be issued a username and password and/or access token to access your account. You are responsible for protecting and managing the security of your password and/or access token for this site. You are to undertake to protect your password and/or access token from loss and to keep it private, confidential, and free from unauthorized access. You must not disclose it to any other third-party persons or entity nor allow the use of that password under any circumstances. Violation of this clause renders you liable for any loss, damage, expense, cost, claim, or liability which may be suffered by the Company from the loss, unauthorized use, or disclosure of your password. Neither shall the Company be liable for any direct and/or indirect loss, damage, expense, cost, claim, or liability that you or any third party may suffer and/or incur as a result of the loss, unauthorized use, or disclosure of your password.

 

Without limiting the provisions contained in the preceding paragraph, you must immediately contact the Company if you are aware of any known or possible unauthorized use of your password or any other breach of security.

 

 

To register an account with us, you must agree to these Terms of Use and provide the Company with:

 

 

You must promptly update this information to ensure it is accurate and current at all times. You represent and warrant that all information you have provided to the Company, including any information provided by you through our account registration module or entered into your profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.

 

 

One person may not maintain more than one account with the Software. Accounts registered by “bots” or other automated methods are not permitted.

 

 

 

The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.

 

 

 

By creating an account and accepting these ‘Terms of Use,’ you’re effectively binding yourself to a contract with the Company for the provision of services rendered via software. These may include, but are not limited to, the offerings found on our Pricing Page (www.klikit.io/pricing), which contain features such as Point-of-Sale, Order Aggregation, Menu Management, and Customer Relationship Management. At the point of onboarding, you will be required to have members representing your organization trained and upskilled on the software and how to use it—as well as the functions it carries. Any changes your staff make to your account on our system will be deemed ‘made with positive intent,’ meaning that the staff wanted to complete those actions. We have transcripts and logs of these activities that we maintain in our system to prevent escalation to legal disputes. We (i.e., the “Company”) will not be held accountable for erroneous conduct by your staff on our system which may or may not result in financial loss.

 

As part of our agreement, you accept to be bound by regularized payment terms and schedules as mandated by our contract. These may be either monthly or annualized payments for the use of the software across the set number of locations you specify. Billing will commence within the first week of each month for use of the software that month. Failure to pay these charges may result in service termination after a process of warnings. We reserve the right to modify our process for collections, billing, and payment dispute at any time—unilaterally.

 

 

 

In addition to our general ‘Software-as-a-Service’ product, klikit also provisions the use of whitelabel ordering software to its clients colloquially referred to as ‘Webshop’—which allows customers to purchase products directly from merchants onboarded to our software. We need to highlight the relationship between the various parties to the transaction:

 

 

It needs to be reiterated that klikit owes no legal obligation to (1) Customer, (4) Payment Provider, or (5) Logistics Provider—these are borne by party (2) the Merchant. We are simply facilitating the transaction for them and may only be responsible for erroneous behavior of the platform in connecting these parties. We will take reasonable steps to ensure that we are correctly processing transactions according to the relevant states prescribed by the parties, but the fundamental conditions are set by the contract that  is between the Merchant and Customer and Payment Provider and Logistics Provider; most problems need to be resolved between these two parties without klikit involvement. We absolve ourselves of any liability stemming from the failure of (2), (4), or (5) in the process of completing a Webshop order.

 

 

 

By placing an order through the whitelabel web application (i.e., Webshop), you make an offer to us to purchase the goods, items, and/or products, collectively referred to within as “Products,” that you have selected from the Merchant—pursuant to these Terms of Use. Information within this site and the Software (such as the web application) constitutes an invitation to treat only. No information in the Software constitutes an offer by us or our Merchants to supply any products to you. However, the Merchant will endeavor to supply and provide these products to you once ordered.

 

We will not commence processing any order made through the application unless and until:

 

 

We reserve the right at our discretion to:

 

 

At any time before your order is accepted, you may:

 

 

In either event, you agree to pay all fees and/or costs associated with such cancellation or modification of your order as may be set by the Company from time to time.

 

By placing an order, you understand and agree that the images, photographs, illustrations, packing images, and/or any visuals are representations of the products sold in the site and that the actual appearance of the products once delivered may vary.

 

 

 

Acceptance of each order will take place if and when the receiving party acknowledges the transaction and notifies the customer that preparation is now taking place. Title to, and risk in, the products will pass from the Company to any intermediary third-party delivery provider, and then to you on receipt of the goods. After the order has been received, we will send a confirmation email confirming such.

 

You acknowledge and agree that the Company reserves the right to accept only a portion of an order—based on availability—and cancel the remainder within 24 hours from when the order was partially accepted. Where applicable, if money had been transacted, partial or full refunds may also be considered by the Company.

 

 

 

The Company, at its absolute discretion, may issue coupons and discount codes from time to time, that are redeemable via the Software. However, unless otherwise specified by the Company, such coupons and/or discount codes shall not:

 

 

You acknowledge and agree that the Company may, at its absolute discretion, cancel, restrict, or otherwise modify terms by which you can use coupons and/or discount codes; in particular, errors in pricing may result in order cancellation.

 

 

 

The Company will make reasonable efforts to work with third-party delivery (“TPD”) providers to ensure safe and suitable delivery of your order within a reasonable timeframe—specified within the application. By ordering via the application, you agree and understand that all estimated delivery times are estimates and are not binding constraints on either the Company or the TPD fulfilling the actual order. In the event that a delivery fails, either through the fault of the Company or through the fault of a TPD, appropriate recourse will be to contact the relevant support channels to determine suitable solutions. This may include, but is not guaranteed or limited to:

 

By placing an order with the Company, you further agree:

 

 

Further, you acknowledge that there are locations and/or areas that the Company or the TPD provider may not be able to effect delivery. In these instances, you acknowledge that the delivery of the Products you have ordered may be effected under the immediately following clause or in such manner and/or location that the Company may thereafter determine.

 

The Company and/or its delivery partners, at their absolute discretion, may, instead of effecting delivery under the preceding circumstances, choose to reroute delivery of the Products to a nominated Company collection point or storage area if the same remains unattended after a reasonable period of time or if you have refused to accept the delivery of the same. In the case of this event, you further agree to:

 

 

In case of cancellation of the order, the Company may refund to you the amount you have paid less the following applicable charges:

 

 

Upon your receipt of the Products you have purchased, you therefore agree to take the necessary care and precaution in opening the package. You understand and agree that any damage arising from your act of opening the package shall be borne exclusively by you.

 

 

 

In the event that the Products you have ordered—either via a TPD or the mobile application—are out of stock, you authorize the Company, at its discretion, to provide you with an acceptable substitute for the same. In the event that the substituted Product is of lower value, as may be determined by the Company, the Company shall provide you with credit for the difference between the amount you paid and the value of the substituted Product. The Company shall however make such substitution without regard to any specific dietary requirements or allergies. It is your responsibility to verify if the Products so substituted conform with your specific dietary and/or allergic requirements. For all intents and purposes, you warrant that you have read labels of each Product you have purchased/ordered prior to use or consumption and that you acknowledge that you are responsible for any and all risks associated with your use or consumption of the same.

 

 

 

Unless otherwise specifically stated, all amounts and/or prices are shown in the application as local currency—relevant to the geography over which the software is being operated. The Company reserves the right to change the prices of products displayed on this site at any time before an order is placed. You agree that the price of the product reflected on its product page is the correct price regardless of the amount that may be shown in any other location. However, the Company reserves the right to modify the price if the price shown on the said product page is incorrect due to any human and/or system error. In such cases, the Company may cancel your order even after it has been accepted but before you receive the items so ordered and refund to you the amounts you have paid in accordance with the refund provisions contained in these Terms of Use.

 

 

 

Delivery costs will generally be rendered by the TPD that you as the customer have decided to transact with. In the event you have decided to order directly through our application, those charges will be split out and shown separately at checkout. It should be noted that these costs are subject to change over time.

 

 

GST follows a country-based schema and depends on (1) your geographical location and (2) the category of the product you are ordering. Please contact the Merchant for more information.

 

 

 

Payment for orders placed through the whitelabel web application will be processed online using a secure payment gateway. We work with a number of various payment gateways by geography and have them listed here for your convenience:

 

 

Notwithstanding anything to the contrary, the Company reserves the right to utilize such other payment facilities and/or methods at its absolute discretion. It should be noted that if you are processing your order via a third-party marketplace (i.e., Grab, Uber), then it will be subject to their own payment methods and gateway terms, which should be investigated by you as the original purchaser.

 

All payments processed by and through the above gateways are subject to their own terms & conditions and privacy policy. Please refer to those to understand further.

 

 

 

Only American Express, Visa, and Mastercard are generally accepted. Please note that we may be unable to accept credit cards issued by all foreign banks in some cases. The Company does not charge additional transaction fees for paying by credit card.

 

 

 

Except as expressly provided otherwise in these Terms of Use, all amounts paid through the application are non-refundable. You may request a refund from a Merchant directly by contacting them via phone, email, or social media. However, klikit will not be held liable for a refund of any orders resulting in a failure by party (2), (4), or (5) above. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies Limited” in these Terms of Use below.

 

 

 

While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect) that may be suffered by persons whose credit or debit card or bank account information is used in a fraudulent or unauthorized manner by any person other than the Company.

 

The Company may ask for further information, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be canceled and, if your payment has been received, it will be refunded back to you.

 

 

 

 

In these site, web, and mobile application Terms of Use, the term “Proprietary Content” means:

 

 

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Singaporean and international copyright laws. You must not reproduce, transmit, republish, or prepare derivative works from any of the Proprietary Content, except as expressly authorized by these Terms of Use or with the prior written consent of the Company or other copyright owners (as applicable).

 

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark, or other proprietary notices.

 

 

 

The phrase “klikit” is a trademark of the Company. The look and feel of this site (including all button icons, scripts, custom graphics, and headers) are the trademarks, distinguishing marks, and/or trade dress of the Company. These trademarks, distinguishing marks, and trade dress may not be used, copied, or imitated, in whole or in part, without the prior written consent of the Company.

 

 

 

In these Website and Application Terms of Use, the term “User Content” means any and all content that is submitted, posted, or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings, and feedback.

 

This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove, and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

 

 

 

If you believe that our site, web, or mobile application contains any materials that infringe upon any copyright that you hold or control, or that users are directed through a link across any platform owned by the Company to a third-party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing (at [email protected]). Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement.

 

 

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS, AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners, and affiliates make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of this site or any of its content, and in essence do not represent, warrant, or guarantee that:

 

 

 

 

 

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners, and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim, or damage (whether arising in contract, negligence, tort, equity, statute, or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary, or otherwise, including any loss of profits, loss or corruption of data, or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms of Use or the use of this site, the web, or mobile application by you or any other person.

 

 

 

All of the Products that you have ordered through the site come with guarantees that cannot be excluded under Singaporean Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Please note that there may be limitations on your right to return and obtain a refund for products; however, these limits will always be subject to your statutory rights.

 

 

 

If you have placed an order with a Merchant and wish to retract or cancel the order for any reason—even if you simply change your mind—it must be done prior to the order being accepted by the TPD or our own web application, or else it may result in cancellation charges to compensate the seller for the items produced. If the cancellation trigger occurs before the acceptance event—acceptance being defined as the moment the product provider (i.e., Merchant) receives the order and begins preparing it—the Company will endeavor to provide a full refund according to the process laid down by the site, web, or mobile application and in accordance with the Terms of Use. If you are not satisfied with any Product that has been received from us, you may then be entitled to return that Product to us in accordance with the below.

 

 

 

If you are not satisfied with the quality or condition of any product received from the Company—or any of the Merchant providers it works with, please utilize existing support channels to notify us as soon as possible so that the Company may remedy or rectify the situation for you. In certain circumstances, the Company may provide a credit instead of a replacement at its absolute discretion.

 

In no case, however, shall a return of any product be allowed and/or accepted under the following instances:

 

In any event, you must contact our customer service prior to any possibility of return. The failure to contact and/or confirm your eligibility for such in respect of Products may render you disqualified from returning the said Product.

 

 

 

It should be noted that as a software provider, the Company takes no responsibility for the actual quality of the product delivered to you as the customer from any of the distributed kitchens and facilities we provide software to. While you may utilize our customer support channels to report these issues, we will simply act as an intermediary party, devoid of liability.

 

 

 

In all cases, you—the Customers or Merchants—must pay the delivery costs for goods purchased. Generally, these costs will be equal to the cost forwarded by TPDs or third-party logistics providers to the Company, but this will be at the Company’s discretion.

 

 

 

Store Credit shall be valid for three (3) months from the date of issue. It shall not be transferable, assignable, or convertible to cash, nor shall it be reissued if lost or misplaced. The Company reserves the right to issue additional guidelines as the applicability and use of Store Credit.

 

 

 

You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners, and affiliates from any claim, demand, or cause of action that you may have against any of them arising from these Terms of Use or the use of this software (site, web, or mobile application) by you or any other person. The Company may plead this release as a bar and complete defense to any claims or proceedings.

 

 

 

To the maximum extent permitted by law, and without limiting any other provision of these Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Terms of Use where such a delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

 

 

 

 

In these Terms of Use, the following rules of interpretation apply:

 

– Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of any provision in these Terms of Use;

 

 

 

The Company may provide any notification for the purposes of these Terms of Use by email and/or by adding the notification into your user control panel.

 

 

 

Except as specifically provided in these Terms of Use, each party must bear its own legal, accounting, and other costs associated with these Terms of Use.

 

 

 

You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms of Use without the Company’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.

 

The Company may assign, transfer, or sub-contract any of its rights or obligations under these Terms of Use at any time without notice to you.

 

 

 

Waiver of any power or right under these Terms of Use must be in writing, signed by the party entitled to the benefit of that power or right, and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

 

 

 

The provisions of these Terms of Use are severable, and if any provision of these Terms of Use is held to be illegal, invalid, or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

 

 

 

The Company reserves the right to change and therefore amend these Terms of Use and any other policy contained within the site, web, or mobile application at its sole discretion, and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of the site will mean that you accept these amendments by default. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue, or impose limits on any aspect or content of this site or the products offered through it.

 

You may only vary or amend these Terms of Use by written agreement with the Company.

 

 

 

These Terms of Use will be governed in all respects by the laws of Singapore. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore and the courts of appeal from them.

 

 

 

In the course of utilizing the software, you agree not to:

 

 

 

Got questions? Email us at [email protected]