20 May 2025

These terms of use (“Terms of Use”) apply to the websites that are provided by or owned by Tong Seng Produce Pte Ltd and its Affiliates (each an “Affiliate”, and collectively, the “Tong Seng Group”). In the Terms of Use, “Website” shall refer to our website, including any and all subdomains, information, services, contents, products, software, functions, features that form part of our websites that you may be accessing or using. “Website Content” shall refer any and all information, images, data, links, texts and any other material displayed on our Website that are publicly available and which you have the right to access, whether created by us or provided by a third-party. The terms “we”, “us”, or “our” in these Terms of Use refer to the Tong Seng Produce Pte Ltd, the Tong Seng Group, and/or each of its Affiliates. For the purpose of these Terms of Use, “Affiliates” means the subsidiaries of Tong Seng Produce Pte Ltd which are either wholly-owned or majority owned or controlled by Tong Seng Produce Pte Ltd, in each case from time to time.

The Terms of Use govern your access to and use of our Website provided by Tong Seng Group.

Please read the Terms of Use carefully. By browsing, accessing and/or using our Website, you accept the Terms of Use and agree to be bound by them. If you do not accept any of the Terms of Use, please exit this website, and refrain from any further use or access to our Website.

We may make changes to the Terms of Use from time to time and post a revised version on our Website (https://tspsonghe.com.sg/en/terms-of-use/), which shall be effective immediately upon such posting. We are under no obligation to separately inform you of any such revision. Your continued access of this Website after the revised Terms of Use has taken effect will constitute your unconditional acceptance of such revised Terms of Use. All communications, transactions and dealings with us will be subject to the latest version of this Terms of Use in force at the relevant time.

Disclaimers

1. Our Website and Website Content are provided “as is” and “as available” with no warranties whatsoever, either express or implied. We are not responsible or liable for any error, delay or interruption in our Website.
2. To the maximum extent permitted by law, we make no guarantee, representation or warranty: (a) as to the timeliness, reliability, accuracy, correctness completeness, accessibility, quality, operation or usefulness, non-infringement, title, merchantability or fitness for any particular purpose of any part of our Website and/or Website Content; (b) regarding the availability or appropriateness of our Website and/or Website Content; (c) that our Website will be error-free, continuously available or uninterrupted in operation, or free of viruses or other harmful components, or that defects will be corrected; (d) that our Website will operate or function properly on your devices or operating systems; or (e) that our Website will not cause any damage to your devices or operating systems.
3. Your use of our Website is voluntary and at your sole risk. You are solely responsible for: (a) your reliance on our Website and Website Content; (b) any liability or damage (direct or indirect) that you may incur through the use of our Website and/or Website Content, including but limited to any injury, damage or loss suffered as a result of reliance on the Website Content contained in or available through our Website; and (c) for all decisions or actions resulting from your use of our Website and Website Content.
4. To the maximum extent permitted by law, we shall not be liable for any damage or loss of any kind, or any direct, consequential, incidental, special or indirect damages, costs or claims of any nature whatsoever, arising out of or relating to: (a) your use, access or reliance on our Website and/or Website Content; and (b) the furnishing or performance of our Website or any delay or failure thereof. In no event shall we be liable for any anticipated savings, business, goodwill, loss of profit, opportunity, revenues or other direct, indirect, consequential, incidental or special loss or damage of any kind, whether arising from breach of contract, tort (including negligence, defamation and infringement of copyright or database right or other intellectual property rights) or otherwise arising out of the use of our Website and/or Website Content, whether or not notified of such damage or loss arising, except where such liability cannot be excluded by law.
5. Without prejudice to the above, our cumulative aggregate liability to you in connection with these Terms of Use and the provision of our Website and Website Content shall not for any reason, exceed S$100. This limitation applies to all causes of action in the aggregate including, without limitation, breach of contract, breach of warranty, negligence, misrepresentations, strict liability, and other torts. In any jurisdiction in which these limitations of liability are restricted, our liability is limited to the greatest extent permitted by law.

Access to our Website

6. We have no obligation to provide any maintenance, support or other services in relation to our Website, including providing any assistance, documentation, error corrections, updates, upgrades, bug fixes, and/or enhancements.
7. The access to and operation of our Website rely on technologies beyond our control. We do not guarantee uninterrupted operation of and/or access to our Website. Your access to and/or use of our Websites may also be interrupted, suspended and/or restricted where we provide any maintenance, support or other services in relation our Website. We reserve the right to amend, modify, substitute and/or remove any Website Content or other information on our Website, or terminate our Website at any time.
8. We reserve the right to deny or restrict access to our Website by any specific user, or to block access from specific IP addresses to our Website, at any time, for any or no reason.

Intellectual Property

9. Subject to your compliance with the Terms of Use, we grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable license to access and use our Website and Website Content solely for your own purposes as a user who browses our Website. Our Website is licensed, not sold, to you. You may utilise our Website only as permitted by these Terms of Use.
10. You agree that our Website and Website Content (including any logos, service marks, domain names, trade names, trademarks) (collectively referred to as “Intellectual Property”) are proprietary to us, and all intellectual property rights associated therewith, whether registered or not, are protected by law and owned by or licensed to us. Nothing contained in our Website should be construed has granting, by implication or estoppel, or otherwise, any licence or right to use any of the Intellectual Property belonging to us that is displayed on our Website without our prior written permission.
11. You shall not reproduce, reverse engineer, decompile, disassemble, separate, alter, republish, post, transmit, communicate, distribute, use, display, broadcast, hyperlink, mirror, frame, transfer, transmit in any manner or by any means or store in an information retrieval system or installed on any servers, system or equipment or otherwise exploit our Website and/or Website Content in any way without our prior express written permission, which may be withheld for any or no reason. Permission will only be granted to you to download, print, or use our Website Content for personal and non-commercial uses, provided that you do not modify such content and that we retain all copyright and other proprietary notices contained in such content.

Usage Restrictions

12. You will not, and will not permit any other party to:
    1. modify, adapt, improve, enhance, alter, translate or create derivative works of our Website and/or Website Content;
    2. use or merge our Website and/or Website Content, or any component or element thereof, with other software, databases or services not provided by our Website;
    3. use our Website and/or Website Content for or in connection with any conduct or purpose that is dishonest, deceptive, fraudulent, offensive, obscene, discriminatory, objectionable, harassing, defamatory, threatening, abusive in violation of any party’s intellectual property or other legal rights, or in contravention of any applicable laws, subsidiary legislation, rules, guidelines, or regulations;
    4. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of our Website and/or Website Content, or decrypt our Website and/or Website Content;
    5. use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, trojan horses, damaging components, malicious code or harmful components which may impair or corrupt our Website’s data or damage or interfere with the operation of another user’s computer or mobile device or our Website;
    6. use or upload, in any way, any material which may constitute unsolicited or unauthorized advertising, promotional material, “junk mail”, “spam”, “chain letter”, “pyramid schemes” or any other form of solicitation except with our prior written consent;
    7. interfere in any manner with the operation of our Website;
    8. deface, alter or interfere with the design and presentation of our Website and/or Website Content or the underlying software code;
    9. circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to our Website;
    10. you shall not obtain or attempt to obtain unauthorised access, through whatever means, to any of computers, networks or servers owned or used by us;
    11. create a database by systematically downloading and storing our Website and/or Website Content;
    12. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, “crawl” or in any way gather our Website and/or Website Content or reproduce or circumvent the navigational structure or presentation of our Website without our express prior written consent;
    13. cache, frame or link to our Website without our prior written consent; and/or
    14. remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in our Website.
13. With respect to your access to and use of our Website, you acknowledge and agree that:
    1. when uploading, submitting, transmitting, communicating, or otherwise making available any information or data on or through our Website, you shall ensure that all such information or data is true, complete, accurate, and updated; and not false, misleading, deceptive, fraudulent, offensive, obscene, discriminatory, objectionable (due to attitudes towards disability; gender; race, descent, ethnicity or nationality; religion or belief; sexual orientation; or other personal characteristics), harassing, alarming, distressing, vulgar, libellous, invasive of another’s privacy, hateful in violation of any party’s intellectual property or other legal rights, or in contravention of any applicable laws, subsidiary legislation, rules, guidelines, or regulations; and
    2. by uploading, submitting, transmitting, communicating, or otherwise making available any content uploaded by you on our Website (including without limitation text, images, photographs, graphics and messages), you assign to us any intellectual property rights in such content. Such content will be considered non-confidential and non-proprietary, and we have the right to use, copy, remove, distribute and disclose to third parties any such content for any purpose including without limitation, use of such content at our own discretion (with or without accreditation) in any media. We shall have the right but not the obligation to monitor, edit and/or remove any such activity and content. We take no responsibility and assume no liability for any content posted by you or any third party.

Third Parties

14. Our Website may also contain information concerning third parties, third party services, or links re-directing to third-party websites, services or applications (including links to social media platforms and our service providers). Your access and use of information, products, services, websites or applications of third parties are subject to separate terms and conditions as may be agreed between you and the relevant third parties. We do not monitor, control or endorse these third parties, their products, services, websites or applications. To the maximum extent permitted by law, we are not responsible and disclaim all liability for (a) such third party products, services, websites or applications; (b) any act or omission of these third parties, and/or (c) any dealings between you and these third parties, whether or not such dealings have been performed or facilitated through our Website.

User Acknowledgments

15. You acknowledge and agree that for our Website to function, it may require a compatible device (including a mobile or computing device), appropriate third-party software (such as browsers), and also connectivity to the internet. You are solely responsible for obtaining such device(s), software, and the necessary connectivity services to access and use our Website. We assume no responsibility for such devices, software and services, or for any functionality of our Website which are dependent on them to operate.
16. We track and capture non-personal information such as the number of users and their frequency of use, profiles of users and their online preferences, using cookies on our Website. We may also collect and use technical and associated information of the device(s) that you use to access our Website. You consent to our use of cookies and collection of such information, for our business purposes.
17. Your personal data may be collected by us when you access or use our Website. You consent to our collection, use, disclosure and processing of your personal data in accordance with our Privacy Policy (https://tspsonghe.com.sg/en/privacy-policy/).

Indemnification

18. You will indemnify and at all times keep us and our related corporations (including the respective officers, directors, employees, agents, content and information providers, partners and licensor and licensees) indemnified against any and all losses, damages, actions, proceedings, costs, expenses, claims, demands, liabilities (including legal costs on an indemnity basis) which may be suffered or incurred by us or asserted against us by any person, party or entity whatsoever, in respect of any matter or event whatsoever arising out of or in connection with your breach of any provision in the Terms of Use, your use and access of our Website and Website Content, or your violation of the rights of any third party. You shall cooperate as fully as reasonably required by the Tong Seng Group in the defense of any claim. Tong Seng Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Tong Seng Group.

Miscellaneous

19. The Terms of Use shall be governed by, construed and interpreted in accordance with the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singapore Courts.
20. Any dispute arising out of or in connection with the Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference in the Terms of Use. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
21. The failure or delay by Tong Seng Group to enforce any right or remedy provided under these Terms of Use or by law shall not constitute a waiver of that or any other right or remedy, nor shall it precent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
22. You shall not assign or transfer, or purport to assign or transfer, any of its rights or obligations under the Terms of Use without the prior written consent of Tong Seng Group. Tong Seng Group shall be entitled to assign or transfer its rights, title, benefits, interests, obligations under the Terms of Use any part thereof, without requiring your consent.
23. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court shall endeavour to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect.
24. Nothing in these Terms of Use shall create, or be deemed to create a partnership or joint venture between you and the Tong Seng Group.
25. None of these Terms of Use shall be enforceable under the Contracts (Rights of Third Parties) Act 2001 by a person who is not a Party to it.