Rocky Master Singapore - Terms of Use

TERMS & CONDITIONS (ROCKY MASTER E-COMMERCE)

1 Terms of Use

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

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

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

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

2 What we do

2.1 Through our website you can order a variety of goods including prepared meals, pastries, beverages (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods (“Order”), Rocky Master processes and concludes the order and subsequently for our vendor to deliver your Order to you. Vendors are operated by third party vendors.

3 Use of the Platform

3.1 You have the option of keying your mobile number when you use the Platform. When you agree to use, we may ask you to provide your personal information including a valid email address, a mobile phone number. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. You are solely responsible for keeping your personal information safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under the account are your sole responsibility.

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

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

3.3.1 someone other than you is using your account; or

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

4 Restrictions

4.1 Activities Prohibited on the Platform

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

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

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

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

4.1.4 posting content that constitutes cyber-bullying, as determined by Rocky Master in its sole discretion;

4.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behaviour;

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

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

4.1.8 posting anything that may be “spam,” as determined by Rocky Master in its sole discretion;

4.1.9 impersonating another person when posting content;

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

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

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

4.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Rocky Master, exposes Rocky Master or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

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

4.2 Rocky Master reserves the right but is not obligated to do any or all of the following:

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

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

4.2.3 suspend or terminate a user’s access to the Platform or their account upon any breach of these Terms;

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

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

5 Intellectual Property

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

6 Order

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

6.2 Minimum Order Value – a minimum order value (“MOV”) may be required before an Order can be placed and delivered to you. For Delivery service, there is a MOV of SGD$20.00. For Takeaway & Pickup Later services, no MOV is applicable.

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

6.4 Allergens – Rocky Master is not obligated to provide ingredient information or allergen information on the Platform. Further, Rocky Master does not guarantee that the Goods sold by are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact us before placing an Order on our Platform.

6.5 Please note that your Order may be subject to additional terms and conditions provided by Rocky Master.

7 Prior to placing the Order

7.1 You are required to provide the delivery address in order for the Platform to display the outlet locations available in your delivery area.

8 Placing the Order

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

9 Cancelling an Order / Change of Order

9.1 Please contact the outlet immediately if you wish to cancel your Order after it has been placed. You have the right to cancel or change your Order provided Rocky Master has not yet process your Order or within 5 minutes after submitting your Order.

10 Refunds

10.1 You have the right to a refund for a cancelled Order only if Rocky Master has not process your Order. Should you still decide to cancel your Order after it has been processed by Rocky Master, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.

10.2 Rocky Master reserves the right to cancel any Order and/or suspend, deactivate or terminate your account in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your Rocky Master account and/or with your Order.

10.3 For refund requests, please submit the following details to contactus@rockymaster.com.sg

Order ID –
Date / Time –
Price –
Customer detail (name/phone number) –
Outlet name –
Reason of refund –

We will review the requests and should there be a refund, we will inform TabSquare Pte Ltd to process the refund which will take 7-10 working days.

11 Prices and Payments

11.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency and may subject to applicable tax. Prices and offers on the Platform may vary (either on website, other delivery Platform, or at Rocky Master outlets) and you accept that price offered by Rocky Master at point of purchase.

11.2 The way we display the prices of our Goods may vary depending on the prices reflected on our Platform may:

11.2.1 include GST or such other equivalent tax; or

11.2.2 exclude GST or such other equivalent tax. A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.

11.3 Delivery fees are chargeable on every Order unless:

11.3.1 you opt to collect your Order directly from Rocky Master outlets (“Pickup Later”), (“Takeaway”);

11.3.2 you have a valid promotional or discount voucher and apply it at Checkout; or unless stated otherwise.

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

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

11.4.2 Our payment partners: Visa, Mastercard, American Express, Google Pay or other payment method we offer from time to time.

11.4.3 After an Order is successfully placed, you will receive an email confirmation with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pickup Later or Takeaway.

12 Payment Methods

12.1 Rocky Master reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. Rocky Master does not store your credit card or payment information. Rocky Master uses the services of TabSquare Pte Ltd for the handling and processing of payments transactions for your purchase on the Platform and for customer support issues related to these payments such as dispute management, refunds cancellations and returns, and if applicable, local consumer law matters.

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

13 Pickup Later, Takeaway and Delivery

13.1 Delivery Areas

13.1.1 You understand that Rocky Master uses “Lalamove” refers to EASYVAN (SG) PTE. LTD to deliver Goods. By entering your delivery address on the Platform, you will see the outlets that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.

13.2 Delivery Time

13.2.1 Rocky Master shall deliver your Order to the delivery address provided by You. You may choose for your Order to be delivered as soon as possible. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.

13.3 Unsuccessful or Failed Deliveries

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

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

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

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

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

13.4 No-show Cancellations

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

13.5 Wrong Order, Missing Items, Defective Goods

13.5.1 Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact outlet. In some cases, Rocky Master may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

13.6 Order Pickup

13.6.1 Where available, you will have the option of collecting your Order in-person directly from Rocky Master outlets ("Pickup Later") instead of having the Order delivered to You. Your email confirmation will indicate the time for you to Pickup the Order (“Collection Time”). Rocky Master will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. Rocky Master agrees to hold the Order for you at the outlet for no more than a reasonable period of fifteen (15) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pickup your Order within the Holding Time.

13.6.2 In the event of unreasonable delays in Pickup attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pickup your Order and shall report any issues and/or defects to Rocky Master outlet before leaving the outlet.

14 Representations, Warranties and Limitations

14.1 Representations and Warranties

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

14.2 Limitation of Liability

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

15 Personal Data (Personal Information) Protection

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

16 Indemnity

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

17 Third Party Links and Websites

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

18 Termination

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

19 Amendments

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

20 Severability

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

21 Governing Law

These Terms shall be governed and construed in accordance with the laws of the country / courts of jurisdiction in which the relevant Rocky Master entity is incorporated.

22 Contact Us

If you wish to contact us regarding any questions or comments you may have, please send an email to our email contactus@rockymaster.com.sg or via phone.

23 Prevailing Language

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