Buyers Service Terms and Conditions
By applying for and using Buyers Service of foodbrew.online (the “Services”), you agree that you have read, understood, and agreed to be bound by the following terms and conditions:
a. Upon your successful subscription to the Services, foodbrew.online agrees to provide the following services to you:
i. one-on-one service for your company’s sourcing activities conducted via the Service;
ii. priority status in the delivery of supplier recommendations; and
iii. a company profile on a designated section on the foodbrew.online Website.
a. Your eligibility to use the Services is conditioned upon your fulfillment of all of the following conditions:
i. You have passed the background and business verification procedures carried out by foodbrew.online, its affiliates, or its designated third party service provider;
ii. Your company undertakes to achieve a total transaction amount of no less than USD1,000,000 on the foodbrew.online Website within 1 year from the date of your acceptance of these Terms; and
iii. You undertake to provide feedback to foodbrew.online on your sourcing progress and results.
4. RIGHTS AND OBLIGATIONS
a. foodbrew.online shall have the right to i) reject any application for the Services or ii) cease to provide the Service to you if you fail to satisfy any of the conditions set forth in Clause 3;
b. foodbrew.online shall have the sole right and discretion to make any and all decisions relating to all matters relating to your company profile on the foodbrew.online Website, including but not limited to making any changes to its contents;
c. foodbrew.online shall have the non-exclusive and royalty-free rights to use your company name, company profile, trade mark, trade name, device, design and/or logo in relation to the promotion and marketing of the foodbrew.online Website and the Services;
d. You shall keep confidential on all information related to the suppliers of the foodbrew.online Website that you obtained from foodbrew.online pursuant to the Services. Unless agreed to in writing by foodbrew.online or the relevant supplier(s), you shall not transfer any and all such information to any third party.
e. You acknowledge and agree that foodbrew.online shall have the right to cease to provide the Services to you if you fail to achieve the total transaction amount pursuant to Clause 3a(ii) of these Terms.
5. AMENDMENTS AND CESSATION
a. foodbrew.online reserves the right to amend these Terms any time by posting the amended and restated version of on the foodbrew.online Website. The amended and restated Terms shall be effective immediately upon posting. After posting by foodbrew.online of the amended and restated Terms, your continued use of the Services shall be deemed as your acceptance of the amended and restated Terms.
b. foodbrew.online reserves the right to temporarily or permanently change, upgrade, modify, limit, suspend, or cease the provision of the Services or any of its related functionalities or applications any time in its sole discretion.
6. ACKNOWLEDGEMENT AND UNDERTAKING
a. You agree and undertake that you will:
i. not submit any untrue, falsified, incorrect, incomplete, misleading, fraudulent, or unlawful information to foodbrew.online pursuant to your application or use of the Services;
ii. not copy, reproduce, exploit or expropriate foodbrew.online’s various proprietary directories, databases and listings;
iii. not use or distribute any computer viruses or other destructive devices and codes that may harm, interfere with, intercept or expropriate any software or hardware system, data or personal information;
iv. not gain or attempt to gain authorized access to the computer systems or networks used by foodbrew.online and/or any user of the Designated Websites or engage in any other activities that may harm the integrity of such computer systems or networks;
v. not carry on activities on foodbrew.online Website that are not in compliance with any laws and regulations;
vi. not submit or provide any information to foodbrew.online that directly or indirectly infringe the intellectual property rights of any third party;
vii. not take any action which may undermine the integrity of foodbrew.online’s feedback system, such as leaving positive feedback for himself using secondary member IDs or through third parties or by leaving unsubstantiated negative feedback for another member.
7. REPRESENTATIONS, WARRANTIES AND COVENANTS
You represent, warrant and covenant (as applicable) to foodbrew.online that each of the statement contained in this Clause 7 is true, accurate, complete and not misleading in all respects and will continue to be so until your cessation of use of the Services:
a. You have fulfilled all of the conditions set forth in Clause 3;
b. Any and all information you provided to foodbrew.online pursuant to your application for and use of the Services is true, accurate, complete, lawful and valid;
c. You have and will continue to, at all times during your use of the Services, abide by the Terms and all relevant rules published on the foodbrew.online Website;
d. You will not infringe the legitimate rights of any third parties, including but not limited to the intellectual property rights, property ownership right and any third parties pursuant to your use of the Services; and
e. Your use of the Services complies or will comply with any and all applicable laws and regulations in any applicable jurisdiction.
a. You agree to indemnify foodbrew.online and its affiliates and their employees, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your breach of any of the terms of these Terms pursuant to your use of the Services. foodbrew.online reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with foodbrew.online in asserting any available defenses.
9. LIMITATION OF LIABILITY
a. TO THE FULLEST EXTENT PERMITTED BY LAW, foodbrew.online SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWSIE, ARISING FROM THE USE OR INABILITY TO YOUR USE OF THE SERVICES.
10. GENERAL RULES
a. foodbrew.online reserves the right to reject your application for the Services in its sole discretion.
b. foodbrew.online shall have the right to refuse to provide the Services to you any time at its sole discretion.
c. These Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hongkong”) without regard to any of its conflict of law provisions. You and foodbrew.online hereby agree to submit to the exclusive jurisdiction of the courts of Singapore for any disputes that arise out of your use of the Services.
Food and Brew Union