Terms of Use

Last Updated 17 January 2020

Important Note

Welcome to Deelish Brands Pte Ltd. Please read these Terms of Use carefully before using or obtaining any Content, Products or Services through our Website. Access to and use of our Website(s) is subject to acceptance of the terms and conditions below (the "Terms of Use"), which include our Privacy Policy. By accessing, using or obtaining any Content, Products, or Services through our Website, you agree to be bound by these Terms of Use. If you do not accept all of these Terms of Use, then please do not use our Website.

1. Definitions

In these Terms of Use, terms that commence with a capital letter are defined in this Section.

"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website(s). "Content" also includes Marks (as defined below), Products and Services.

“Customer” means “you”, i.e., an individual who redeems or purchases Products or Services on the Website.

“Deelish Brands“ or "we" or “our”, ”us" means Deelish Brands Pte Ltd, the Deelish Brands Rewards platform, and any of our subsidiaries and affiliates.

"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.

"Member" means a registered user on the Website. Members choose a login ID and a password to login to the Deelish Brands Rewards platform. Membership is limited to one (1) account per individual.

"Member ID" means the primary e-mail address that you use (along with your password) to login to the Deelish Brands Rewards platform.

"Member Profile" means the home page of a Member who has registered with Deelish Brands Pte Ltd. A Member’s Profile will contain certain categories of information such as their name, profile photo, Member ID and other information from time to time.

"Personal Information" means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred from the information. This includes, for example, name, e-mail and mailing/billing addresses, telephone numbers, billing and account information and other information incidental to providing Products or Services (including information about individuals traveling with you) or other identity related information shared through the Deelish Brands Rewards platform. Certain categories of information such as your name, profile photo, gender, date of birth, and geographic region are considered publicly available to everyone and therefore do not have privacy settings.

"Products or Services" means products or services available from the Website.

"Provider" means Deelish Brands’s licensors, suppliers, information providers, and travel and leisure service providers.

"Session Data" means usage information, such as the type of Internet browser and operating system a user uses, the domain name of the site from which the user came, the date, time and duration of the visit, number of visits, average time spent on the user's site, pages viewed, domain name of the user and number of cookies accumulated.

"Subscriber" means an individual who elects to receive offers or promotions from Deelish Brands.

"Website" means the https://www.deelishbrands.com and https://rewards.deelishbrands.com sites and their respective sub-sites together with the respective Content, Products and Services available from the site or sub sites.

The terms "Website", "Marks", "Content", and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from Deelish Brands. Their use is subject to the terms set forth by their respective owners or operations, on the third party's website.

2. Privacy

Your privacy is very important to us. We have designed our Privacy Policy to make important disclosures about how you can use the Deelish Brands Rewards platform and how we collect and can use Content and Personal Information.

Your use of the Website is subject to our Privacy Policy, and constitutes acceptance of both the Privacy Policy and these Terms of Use.

3. Scope of Terms

Use of the Website(s) is conditional upon the acceptance of these Terms of Use. You acknowledge and warrant that:

• You are at least 18 years of age;
• You possess the legal authority to enter into the proposed transaction;
• You will use the Website(s) in strict compliance with all applicable laws, rules and regulations;
• You will be responsible to safeguard your account information including your Identity, Member ID and password. You shall be held financially accountable for all on-line activity under your account whether done by you are a third party.
• We retain the right in our sole discretion to deny access to any one of the Products or Services, at any time or for any reason, including but not limited to, violation of these Terms of Use and for any use that may negatively reflect on the goodwill or reputation of Deelish Brands, its Providers and/or its Members.

Additional Terms

Additional terms may apply when you purchase or redeem Products or Services from Third Party Suppliers and Providers.

You agree to abide by the terms and conditions imposed by any Third Party Supplier or Provider, including payment of all amounts when due, and the compliance with all rules and restrictions regarding the availability of Products or Services.

Additional Deelish Brands Terms

Deelish Brands’s additional policies, guidelines and terms may be found throughout site, including but not limited to our Privacy Policy.

4. Use of the Website

License

Deelish Brands grants you a limited, personal, nontransferable, non-sub licensable, revocable license to access and use the Website only as expressly permitted in these Terms of Use or subject to an agreement which incorporates these Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to this Website; any rights or license not expressly granted herein are reserved.

Any use of our Website(s) and Products or Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the rights granted herein.

The rights granted to you under these Terms of Use with respect to the Website and access to our Products and Services are revocable at any time with or without notice.

Prohibited Activities

You are prohibited from doing any of the following activities absent prior written consent from Deelish Brands or unless otherwise provided within these Terms of Use or applicable law. By making use of the Website and our Products and Services You agree that:

• You will not send or otherwise post unauthorized commercial communications (such as spam) on Deelish Brands; nor use the Website or its Products or Services for any unauthorized commercial purposes.
• You will not attempt to create multiple accounts using different email addresses.
• You will not collect, access, monitor or copy any Content or information of the Website including but not limited to Members’ Content or Personal Information using automated means (such as harvesting bots, robots, spiders or scrapers) or any manual process for any purpose.
• You will not use the Website for any false, fraudulent or speculative activities.
• You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Deelish Brands Rewards platform.
• You will not place any unlawful (including false or misleading information) posting to or through the Website, or any post which encourages or solicits illegal activity.
• You will not post, submit or provide links to any material that could be considered threatening, harmful, violent, abusive, libelous, defamatory, obscene, indecent, lewd, inflammatory, pornographic, profane, racist, discriminatory, tortious, harassing, or hateful or any unlawful material that could constitute or encourage criminal conduct, civil liability or otherwise a violation of any law.
• You will not bully, intimidate, defame or harass any user, Member or Provider on Deelish Brands Rewards platform.
• You will not use or access the Website in any way (via device, software or routine) that interferes or adversely affects with the performance, function and normal operation of our Website and any other computer systems or networks used by Deelish Brands and its Members; nor take any action to disable, overburden or impair the proper workings of this Website and its Products and Services.
• You will not upload or transmit to the Website or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, appropriate, intercept, interfere or attempt to interfere with the normal operation of our Website; or that infringes upon the rights of a third party.
• You will not disguise, block, manipulate or mask the origin of information transmitted to and through the Website.
• You will not solicit or appropriate login information or gain unauthorized access to an account belonging another Member.
• You will not encourage or engage in any conduct which could cause damage to the reputation and good will of Deelish Brands and its employees, the Website, Products and Services, and affiliated parties.

Registration and Account Security

Deelish Brands Rewards platform users must provide their real names and Personal Information when registering on the Website. Members agree not to abuse such Personal Information. It is your responsibility to maintain and safeguard your Account information including your Member Profile and password.

Member ID and Password

Access to certain areas of the Website is only available to Members. To become a Member, you are required to answer a limited number of mandatory security questions to confirm your personal identity. Answers to additional questions are optional. You represent and warrant that all information that you supply to Deelish Brands about yourself and others, including email addresses, is true, valid and accurate, and that you have the right to supply Deelish Brands with such information.

Deelish Brands only allows one account per individual. Members are permitted to add a secondary email address to their already existing account. In the event Deelish Brands detects duplicate or multiple accounts from the same Member user, Deelish Brands may in its sole discretion terminate all accounts and void any Products or Services without notice.

Your Comments and Submissions

Deelish Brands wants and appreciates all reviews, comments and submissions from you. Please note that any communications or materials transmitted to Deelish Brands, through the Website, by electronic mail, postings or otherwise, including all reviews, photos, videos, questions, comments, suggestions, ideas and the like contained in any submissions ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting such content as indicated above, you grant Deelish Brands, and all Members, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology.

We assume no responsibility for any Communications or Materials posted or submitted, or for the return of such Communications or Materials. We always appreciate your feedback or other Communications or Materials, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

In the event, that Communications or Materials submitted to Deelish Brands violate any of these Terms of Use, or if Deelish Brands (in its sole discretion) feels the posted material is unlawful, harmful, offensive, defamatory, or obscene, Deelish Brands has the right to remove the Communications or Materials and terminate your Member account. If a Member account is terminated by Deelish Brands all earned Rewards are forfeited.

Deelish Brands reserves the right to remove or edit any Communications or Materials that infringes, misappropriates or violates any intellectual property right or any proprietary right of any third party. Repeat infringement will result in the deactivation of your Member Account indefinitely. If you believe Deelish Brands removed any of your Communications or Materials in error, please notify our Customer Service at hello@deelishbrands.com.

Payments

If you make payments on the Deelish Brands Rewards platform, you agree to abide by the specified payment terms as provided at the time of payment.

Credit Card Fraud

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

If your account shows signs of fraud, abuse or suspicious activity, Deelish Brands may cancel any Products or Services associated with your name, email address or account, and close any associated Deelish Brands accounts.

If you have conducted any fraudulent activity, Deelish Brands reserves the right to take any necessary legal action and you may be liable for monetary losses to Deelish Brands, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Deelish Brands Customer Service.

Deelish Brands is not liable for any fraudulent or unauthorized use of your credit card by third parties. Upon becoming aware of such fraudulent or unauthorized use please contact our customer service and your bank or card issuer immediately.

Termination

If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for us, Deelish Brands, in its sole discretion, in addition to any other rights or remedies available to Deelish Brands and without any liability whatsoever, may terminate or restrict your access to all or any component of our Website. You may delete your Member Profile at any time.

Deelish Brands will notify you via email or upon your attempt to log in of such termination or cancelation, at which time you must immediately discontinue use of the Website, and destroy any copy you have made of any portion of the Website. If you have been notified by Deelish Brands that you are prohibited from using the Deelish Brands services, then notwithstanding the foregoing you have no license to use the Deelish Brands services and any access by you or on your behalf shall be unauthorized and unlawful.

Deelish Brands reserves the right to cancel any and all Products or Services or other transactions you have made using the Deelish Brands services after you have been prohibited from using Deelish Brands, with no liability whatsoever to Deelish Brands. No refunds will be issued.

Deelish Brands shall not be responsible to you following such cancelation or termination. In all such cases, these Terms of Use shall terminate but Sections 2, 4, 7, 10 -15 shall survive such termination.

Changes

Deelish Brands reserves the right to change, supplement, delete, update, discontinue, suspend, or modify the Website at any time without providing notice. Deelish Brands shall be not be liable for any information, including but not limited to Communications and Materials, Products and Services and other such related content available on the Website, that is not current, up-to-date nor accurate.

Deelish Brands shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance of such content referenced herein above.

We may also modify these Terms of Use, as provided in Modifications.

5. Services and Content

Availability

Despite reasonable commercial efforts to keep our Website available at all times, the Website is subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages; therefore, we cannot guarantee uninterrupted access to the Website. We assume no liability or responsibility for any loss of services caused by any delay, interruption or downtime.

Confirmation

Upon completion of any transaction, Deelish Brands will send confirmation within 24 hours to the email address that was provided. No transaction shall be considered final until you receive this confirmation email. In the event a confirmation email is not received within 24 hours please be sure to search your "spam" or "junk" folders before contacting our Customer Service Department via hello@deelishbrands.com.

Viruses

Despite our reasonable efforts to monitor our Website, we cannot guarantee that the Website will be free from viruses, spyware, malware, etc, at all times. You acknowledge and agree to use the Website and download content from the Website at your own risk including but not limited to damage to your computer equipment or other personal property.

6. Links to third party sites

Outbound Links

Deelish Brands provides outside links to third party sites. We are not liable or responsible for such sites if you choose to click on one of these links. Carefully review the Terms and Conditions of use of these respective sites as they will apply to you upon your visit to the site.

Inbound Links

Deelish Brands permits third party sites to post plain text links to our Website under the following conditions: (a) the link to our Website will be taken down upon our request; (b) no implication is made that Deelish Brands is endorsing any of your products or services or is affiliated with you, (c) Deelish Brands is not presented in a false light with misleading or false information about its Website or Products and Services; (d) all of Deelish Brand’s intellectual property rights are respected including copyright notices, trademarks and Content.

7. Intellectual Property

Copyright and Trademark Ownership Rights

This Website, its Content, Products and Services, trade names, and all other electronic or written information are the sole and exclusive property of Deelish Brands and its Providers under U.S. and international trademark and copyright laws.

Deelish Brands retains all right, title and interest in the Website. Without prior written authorization, you are prohibited from the following:

• framing, bordering or mirroring or otherwise incorporating any part of the Website into any other internet site;
• reproducing, modifying, translating, reselling or creating derivative works from any Content or any part of this Website;
• reverse engineering any part of this Website;
• creating deep links to any portion of the Website (including without limitation purchase paths) for any purpose without our express prior written authorization; or
• using our copyrights or trademarks (including Deelish Brands, Deelish Brands logos, Deelish Brands trademarks, etc.), or any confusingly similar marks.

8. Fees

Deelish Brands may, from time to time, charge a minimal fee for the Products or Services it provides when you make a transaction of any kind through the Website. Such service fee is non-refundable. Additionally, you are responsible for all costs and fees charged for the Products and Services available on our Website.

9. Disclaimer of Warranty

The Content of the Website is intended for information purposes only. Despite our best efforts, Deelish Brands make no warranty of any kind regarding the Website, Content, Products or Services, all of which are provided on an "as is" basis. Deelish Brands expressly disclaims any representation or warranty that the Website will be complete, current or free from errors, viruses or other harmful components, that communications to or from the Website will be secure and not intercepted, or that the Products and Services and other capabilities offered from the Website will be uninterrupted.

The fact that Deelish Brands is including or offering any Product or Service of the Providers on the Website is not an endorsement or a recommendation of the Product or Service or Provider. Deelish Brands assumes no liability for any errors or omissions on this Website or obtained from a Provider.

OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, DEELISH BRANDS AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

10. Limitation of Liability

You acknowledge that you use the Website and its Content at your own risk and subject to applicable law. Products and Services available on this Website are subject to the conditions imposed by the Providers such as tariffs, conditions of carriage, international conventions and arrangements and federal government regulations. Providers are independent contractors and not agents or employees of Deelish Brands.

IN NO EVENT WILL DEELISH BRANDS INCLUDING OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS AND OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENT ("COVERED PARTIES") BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, ANY HYPERLINKED WEBSITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS WEBSITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE FOR BOOKINGS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY ANY COVERED PARTY, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, EVEN IF COVERED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, despite the limitation above, Deelish Brands or a Covered Party is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, Deelish Brands and the Covered Parties' joint and several liability will in no event exceed, in total, the sum of US$25.00. Some jurisdictions do not allow the limitation of liability, so the limitations above may not apply to you.

11. Indemnification

You agree to defend, indemnify and hold harmless Deelish Brands and any of its officers, directors, employees, agents, and supplier from and against any claim, cause of action, demand, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including without limitation reasonable legal and accounting fees, brought by third parties as a result of (a) your breach of these Terms of Use or the documents made part of these Terms of Use by reference, (b) your violation of any law or the rights of a third party or (c) your use of our Website and our Products and Services.

12. Disputes

Please note that Deelish Brands cannot issue local tax invoices except for transactions in Singapore. Deelish Brands is a tax resident of Singapore and can only issue local tax invoices in this jurisdiction.

These Terms of Use and the provision of our Services shall be governed by and construed in accordance with the laws of Singapore without reference to Singapore conflict of laws rules, and any dispute arising out of the Terms of Use and our Services shall exclusively be submitted to the competent courts in Singapore. The Contracts (Rights of Third Parties) Act 2001 (Cap. 53B) is expressly excluded and shall not apply to the Terms of Use.

In any such action, or any action we may initiate the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and nontaxable, and reasonable attorney’s fees.

13. General

You agree that no joint venture, partnership, or employment relationship exists between you and the Deelish Brands as a result of these Terms of Use or use of this website.

Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.

If any part of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Terms of Use at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

14. Provisions of these Terms of Use

Entire Agreement

These Terms of Use and any other Terms and Conditions incorporated by reference constitute the entire agreement between you and Deelish Brands with respect to our Products and Services and supersedes all prior or contemporaneous communications and proposals (electronic, oral or written) between you and Deelish Brands with respect to our Products and Services.

Modifications

We reserve the right to modify, revise or update these Terms of Use and the Privacy Policy, at any time. Following the conspicuous notice of any modification you will be required to accept any such changes in order to continue use of the Deelish Brands Rewards platform website and Products and Services.

Written documents

These Terms of Use and any notice given in electronic form can be printed and shall be admissible in judicial or administrative proceedings arising from or relating to these Terms of Use, to the same extent and subject to the same conditions as other business documents and records generated and maintained in the ordinary course of business.

15. Service Help

We are always available to help you. If you have any questions or concerns please email us at hello@deelishbrands.com.