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Terms & Conditions

PRIVACY AGREEMENT
 

Lunchbox User Terms & Conditions — Online Ordering Service

a. We provide Singapore's premier online pre-order and payment service for cafes and restaurants. We help great venues and customers connect, interact and transact, even before they arrive.

b. We, Lunchbox Pte Ltd (we, us, our, Lunchbox), own and operate www.mylunchbox.app and the SmartWeb mobile /Web location (together, Platform). Please read these terms and conditions (Terms) carefully as they form a contract between you and us. By using the Platform, you agree with and accept the Terms in this Agreement.

c. These Terms, our Privacy Policy and all policies and guidelines related to the Platform form the entire agreement between you and us (together, Agreement). If you do not accept any terms of the Agreement, you must cease to use the Platform immediately.

d. We reserve the right to amend the Terms at any time, and by continuing to use the Platform, you accept the Terms as they vary from time to time.

How it works

a. Our Platform is a digital marketplace that connects businesses in the hospitality industry (Providers) with people seeking to order food and drink online (Customers) (together, Users).

b. Through the Platform, Customers can:

  1. view food and drink available in their area;

  2. browse menus published by venues on the Platform;

  3. choose, order and pay for food and drink items available;

  4. be notified of the approximate time their order will be ready to collect; and

  5. receive their order via pick-up, table service or delivery to a nominated address, as deemed acceptable by the venue.

c. Providers can, either through the Platform or their own white-labelled mobile / web location:

  1. create a venue profile including by setting opening hours, wait times and delivery methods (pickup, order to table number or order to address);

  2. set their venue status to “open” or “closed”;

  3. list products available for sale with images, descriptions and prices into separate, easy to navigate categories;

  4. track venue performance; and

  5. receive payment for orders processed through the Platform.

Our role

a. Lunchbox acts as an intermediary between Users and our role is limited to facilitating access to and use of the Online Ordering Platform , including by taking feedback and improving the Platform, as well as, at our discretion, assisting in managing disputes that may arise between Users.

b. We do not own, create, sell, resell, provide, control, manage, deliver or supply any services or products of any Providers advertised through our Platform (Provider’s Service).

c. By accessing and using the Platform, you acknowledge and agree that:

  1. we are not a party to or participant in any contractual relationship that may arise between Users;

  2. we are not acting as an agent in any capacity for any User; and

  3. we are not responsible for and have no control over the use of the Platform by other Users.

Access to Platform

By accessing and using the Platform as a User, you represent and warrant that:

  1. you have the right, authority and capacity to agree to and abide by the Terms;

  2. we have no control over the conduct of our Users and your interactions with other Users (whether in person or online) and your use of any Provider’s Service as a Customer is at your own risk;

  3. if you are a minor, you have obtained the necessary parental or guardian consent to access and use the Platform;

  4. if you are a minor, you may not be able to use, access or take full advantage of the Platform and its features;

  5. we are not obliged to confirm the identity of Users but may, at our discretion, take reasonable steps to ensure Customer and Provider details are accurate;

  6. we do not guarantee the existence, availability, suitability, legality or safety of any Provider’s Service;

  7. you are responsible for maintaining the confidentiality of your Information provided on the Platform at all times;

  8. your access to and use of the Platform is non-transferable;

  9. we reserve the right to deny anyone access to an Account or the Platform at any time and for any reason without notice;

  10. if you are registering an Account or using the Platform on behalf of a company, that company is taken to have accepted the Terms and you are taken to have been duly authorised to bind the company; and

  11. you will use the Platform in a manner consistent with any and all applicable laws, regulations and all Lunchbox policies.

  12. By using the Platform, you agree that we may from time-to-time send you text messages, push notifications and emails as part of the normal business operation of your use of the Platform. You may opt-out of receiving these communications from us by contacting us and you acknowledge that opting out of receiving these communications may impact your use of our Platform.

 

Use of Platform

User Access to the Platform

By accessing the Platform as a User, you will:

a. use the Platform for lawful purposes only;

b. not commit any act or engage in any practice that:

  1. is harmful to our systems, brand, reputation or goodwill; or

  2. interferes with the integrity of the Platform, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;

c. not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;

d. not restrict, or attempt to restrict, another User from using the Platform;

e. not encourage or facilitate violations of the Terms;

f. not distribute or send communications that contain spam, chain letters, or pyramid schemes;

g. not harvest or otherwise collect information about other Users, including User Information, without their consent;

h. not bypass measures used to prevent or restrict access to our Platform;

i. not interfere with the privacy of, harass, intimidate, act violently or inappropriate towards or be discriminatory against another User; and

j. not infringe any intellectual property rights or any other contractual or proprietary rights of another User or third party.

Customers are responsible for:

  1. ensuring that their nominated Payment Method has sufficient funds to pay the Provider Fees that they incur through the Platform;

  2. paying all bank fees, including fees charged by your bank for an overdraw of your account as a result of payment of the Provider Fees; and

  3. if any payment fails, any reasonable administration fees.

Cancellations and Refunds

Cancellations

a. By accepting a Provider’s Service on the Platform, Customers accept and agree to the relevant cancellation policy of that Provider and to any additional terms and conditions of the Provider’s Service that may provide to you.

b. Customers may only cancel an order for the Provider’s Service (Order) by contacting the Provider themselves. It is at the Provider’s discretion as to whether they will accept an order cancellation.

c. A Provider may cancel an Order at any time. A Provider may, for example, reject an Order if they are too busy or the products the Customer ordered are unavailable.

Refunds

a. By accepting a Provider’s Service on the Platform, Customers accept and agree to the relevant refund policy of the Provider and to any additional terms and conditions of the Provider’s Service that may ly to you.

b. Please check the terms and conditions of a Provider’s Service thoroughly for any such conditions prior to placing an Order or making a purchase through the Platform.

c. Where a Customer requests a refund (Refund Request), the removal of the Refund Request will be determined by the Provider in accordance with the Provider’s own cancellation and refunds policy.

d. Customers agree that we have no control of any Provider’s cancellation and refunds policy and that we will not be responsible for any result or consequence of a request for a cancellation or refund from a Provider.

e. All Providers must strictly abide by and adhere to their cancellation and refund policies.

f. Where there is a dispute in relation to the request of a Provider’s cancellation or refund policy, we may intervene and assist in resolving any such dispute upon being notified by the relevant Customer or Provider.

g. We may, at our discretion, implement a cancellation and refund policy and, by continuing the use of the Platform after receiving notice of a cancellation and refund policy, Users agree to be bound by any such policy. In the event of any inconsistency between our policy and a Provider’s policy, our policy will prevail.

Intellectual Property Rights

a. In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, software, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any requests for registration or rights to make such an request.

b. We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, Platform Content). Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content.

c. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms.

Third Party Links

The Platform may contain links and other pointers to Internet websites or locations owned and operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.

Disclaimer

To the fullest extent permitted by law, you agree and acknowledge that: a. the Platform is provided “as is” and “as available” and the entire risk arising out of your use of the Platform remains solely with you;

b. we do not control, endorse and are not responsible for any User Content;

c. we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our sole discretion;

d. we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform;

e. we make no warranty or representation that the Platform will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;

f. we are not liable for loss of sales if the Platform is down due to third-party actions, including but not limited to the maintenance services, internet service providers, third party servers, nefarious hacks or distributed denial of service attacks; and

g. we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information.

Exclusion and Limitation of Liability

a. To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:

  1. your use or inability to use the Platform;

  2. your use of a Provider’s Services, any errors or delay in the provision of a Provider’s Service or quality issues with a Provider’s Service;

  3. any User Content;

  4. any interactions between Users;

  5. the conduct of other Users;

  6. any User breaching or failing to comply with any applicable laws;

  7. any Provider providing Provider’s Services which are not fit for purpose or consumption, that could or does result in loss, injury or death;

  8. any User breaching or failing to comply with these Terms and any licable terms and conditions; and

  9. unauthorised creation, access or use of your personal information, Account or your User Content, even if we have been advised of the possibility of such loss.

  10.  

b. To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.

c. Our liability for breach of a guarantee is limited at our option to:

  1. the re-supply of the services or products; or

  2. the payment of the direct cost of having the services or products resupplied.

Privacy

We will collect, use and disclose any personal information you provide us when accessing or using the Platform in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy (www.mylunchbox.app/privacypolicy).

Indemnity

a. You agree to indemnify us for all reasonable losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, acquisition of Provider’s Service, User Content, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.

b. We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

Termination

We reserve the right to:

  1. cease operating the Platform, without notice and for any reason; and/or

  2. terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms.

If terminated,

  1. you will not have any access to the Platform, your Account or User Content; and

  2. we will not be liable for any costs, losses or damages arising as a result of terminating your access to the Platform.

Dispute Resolution

Disputes between Users

a. We reserve the right, but have no obligation, to monitor disputes between Customers and Providers.

b. Where a dispute has arisen between a Customer and a Provider in relation to the request of a cancellation or refund, the Customer and Provider should first attempt to resolve the issue between them. We may, but are not obligated to, intervene and assist in resolving any such dispute upon being notified by the relevant Customer or Provider.

c. Upon receiving notification of a dispute from the Customer or Provider, we will liaise with each of the parties and attempt to facilitate a resolution. Each party to the dispute must cooperate and take all reasonable steps necessary to resolve the dispute.

d. We will use reasonable commercial endeavours to ensure that all Providers reasonably uphold their cancellation and refund policies.

e. In circumstances where we reasonably believe that a dispute has not been or will not be resolved by the Customer and Provider despite any intervention or facilitation by us, the Customer or the Provider may refer the dispute for arbitration or mediation.

f. The parties agree to negotiate in good faith to agree on the ointment of an arbitrator or mediator or failing agreement

g. If a party fails to adhere to the terms of this clause and proceedings are subsequently issued by the defaulting party, these Terms can be used as a bar to those proceedings.

h. All communications concerning negotiations made by the parties in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of licable law of evidence.

i. You agree and acknowledge that we are not liable for any costs incurred by the Users in relation to the resolution of any dispute between a Customer and a Provider

Disputes between Users and us

a. If a dispute arises out of or relates to these Terms as between us and a User, either party must not commence legal proceedings (except proceedings seeking interlocutory relief) unless it has complied with this clause 16.2.

b. The parties must use reasonable endeavors to resolve through negotiation all disputes.

c. If, within 10 business days (that is, days that are not bank holidays in Australia), the dispute cannot be resolved following negotiation between the parties, either party may refer the dispute for arbitration.

No Waiver

No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Variation

We may vary, amend or otherwise modify these Terms at any time. We will publish the new Terms on the Platform at which time they will be effective. Your continued use of the Platform following posting of the new Terms constitutes your acceptance of the new Terms.

Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Singapore. You submit to the jurisdiction of the Courts of Singapore from them for determining any dispute concerning these Terms.

Feedback and Contact

Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Platform. You may submit feedback by contacting us at hello@lunchbox.asia

 

Merchant User Terms & Conditions

1. This mobile / web shall facilitate the order and payment process between you and this restaurant (“we", “us" or “our").

2. Please ensure that your order is correct before payment. No order cancellation / modification or refund will be entertained after completion of the transaction, unless specifically provided otherwise hereunder.

3. The electronic ticket or email is valid for the date specified thereon only.

4. The electronic ticket or email issued by the mobile must be produced when you pick up your meal. We will not be able to issue your order if the electronic ticket is not produced at time of pick up.

5. You are solely responsible for the data charges incurred from using the mobile app. Please note that data charges can become very expensive on roaming.

6. While we are committed to having your meal ready at the time specified in your order, please note that there are factors beyond our control that may affect our timely preparation of your meal. You expressly waive any claim with regard thereto.

7. For pick up customers: Please pick up your meal within 15 minutes of the time specified in your order. If you are unable to pick up your meal within the time aforementioned, we reserve the right to dispose of the meal you ordered and no refund or order cancellation will be entertained.

8. For delivery customers, we will update you about the status of your order at the following milestones:

  • Order received by the restaurant (email order details),

  • Order Ready (email notification)

  • Order completion (email notification)

9. You are advised to consume the meal immediately after pick—up and/or delivery. The taste and quality of the meal may be affected if not consumed immediately and you hereby expressly waive any claim with regard thereto.

10. In the unlikely event that we are unable to fulfill your order due to availability or any other reason, we will notify you by email promptly and issue a refund to you within 7—10 business days. Save for the exceptional circumstances aforementioned, all sales concluded through the mobile/ web are final and irrevocable and no refund will be issued.

11. The services of the mobile web are provided on an “AS IS" and “AS AVAILABLE" basis without warranty of any kind. We specifically disclaim any representations or warranties, express or implied that the services will be uninterrupted or error—free and shall not be responsible for any loss or damage of any kind incurred as a result of the use of the services of the mobile / web to the extent permissible by law.

12. All photos displayed in the mobile/web are for reference only.

13. We reserve the right to amend the terms of use on this page from time to time without prior notice and you agree to be bound by the latest version of these terms of use.

14. In the event of dispute, our decision shall be final and binding.

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