1.1. These terms and conditions of sale (the “Terms” or “Agreement”) govern the terms of your purchase of FairPrice E-Gift Voucher (“E-Gift Voucher”) issued by NTUC FairPrice Co-operative Limited (“NTUC FairPrice”).
1.2. By placing an Order (defined below) and/or purchasing the E-Gift Voucher, you represent and warrant that you are at least 18 years old and you agree that you have read, understood, accepted and agreed to these Terms and any future amendments and additions to the Terms as published from time to time at [x]. You agree that it shall be your responsibility to review these Terms regularly whereupon your continued access or use of the FPG Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
2. ORDER AND ACCEPTANCE
2.1. You may purchase the E-Gift Vouchers by completing and submitting the order form on FPG Services under the section “e-gift vouchers” on https://www.gift.fairprice.com.sg/ (“Order”). You shall be responsible for ensuring the accuracy of the Order, including without limitation the purchase value, mode of payment and particulars of the recipient of the E-Gift Vouchers (“Recipient”).
2.2. The E-Gift Vouchers can be utilised for payment of eligible goods and services on our website at https://www.fairprice.com.sg and/or mobile application (collectively, “FPG Services”) and at all physical NTUC FairPrice stores (except FairPrice Xpress), Warehouse Club, and Unity Pharmacy Outlets (except for Unity Pharmacy in Changi Airport).
2.3. E-Gift Vouchers purchased need to be in denomination of S$1 and a maximum of S$1,000 (Singapore Dollar One Thousand only) can be stored in one FPG Account.
2.4. The minimum value of E-Gift Vouchers per Order is S$5.
2.5. Orders are irrevocable and unconditional. All Orders will be deemed to be irrevocable and unconditional upon transmission through FPG Services and NTUC FairPrice shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. For the avoidance of doubt, NTUC FairPrice reserves the right to decline to process or accept any Order received from or through FPG Services in its absolute discretion, and accordingly NTUC FairPrice shall not be liable for any losses which you or any third party may have incurred as a result.
2.6. NTUC FairPrice has the right to suspend the processing of any Order where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where NTUC FairPrice reasonably believes you to be in breach of these Terms.
2.7. Where applicable, you shall be responsible to resolve any disputes with your credit, debit or other payment card company on your own.
2.8. When an Order is accepted and payment of the E-Gift Vouchers is received by NTUC FairPrice in full, the E-Gift Vouchers will be generated automatically and sent to the Recipient specified in your Order. It shall be your responsibility to ensure that the E-Gift Vouchers are duly received by the Recipient. In the unlikely event the Recipient does not receive the E-Gift Vouchers within 2 hours from completion of the Order, you shall forthwith inform NTUC FairPrice by contacting us at 6380 5858. After the prescribed period, you / the Recipient shall be deemed to have received the E-Gift Vouchers and NTUC FairPrice shall have no responsibility to you or any third party (including the Recipient) for any loss whatsoever.
2.9. NTUC FairPrice may stop any E-Gift Vouchers in transit, suspend further deliveries of the E-Gift Vouchers, suspend activation of any E-Gift Vouchers and/or terminate the Agreement with immediate effect on or at any time after the occurrence of any of the following events:
(a) the E-Gift Vouchers being unavailable for any reasons;
(b) in our reasonable opinion, you have breached any Terms and/or in breach of an obligation under the Agreement.
3. E-Gift Voucher CONDITIONS
3.1. You understand, agree and acknowledge that each E-Gift Voucher has a validity period of 1 (ONE) year from the date of issuance. Expiry date is final and E-Gift Vouchers are non-renewable upon expiry. NTUC FairPrice will not be liable for and will not replace or refund any expired E-Gift Vouchers. Expired E-Gift Vouchers cannot be redeemed.
3.2. All E-Gift Voucher, once issued, cannot be cancelled, refunded and/or amended. NTUC FairPrice is not obliged to give effect to any request to cancel or amend any Order.
3.3. You understand and agree that all E-Gift Vouchers are provided “as is” and “as available” without warranty or representation of any kind.
3.4. NTUC FairPrice reserves the right to manage, regulate, control, modify, remove and/or revoke any E-Gift Vouchers if NTUC FairPrice considers any of this is necessary for the ongoing operation of its services or for other legitimate reasons, in which case NTUC FairPrice will have no liability to you or anyone for the exercise of such rights save that NTUC FairPrice will refund you the amount paid by you for the E-Gift Vouchers affected by this Paragraph 3.4.
4. REPRESENTATION AND INDEMNITY
4.1. You acknowledge that in entering into the Agreement, you have not relied on, and will have no right or remedy in respect of any statement, representation, assurance or warranty other than as expressly set out in the Agreement.
4.2. Where you are placing an Order on a Corporate Account, you represent and warrant to NTUC FairPrice that:
4.2.1. you have the authority, capacity and power to enter into and perform and comply with the obligations under the Agreement; and
4.2.2. the Agreement constitutes valid and binding obligations and is enforceable against the organisation in which the Corporate Account is created.
4.3. You shall save and hold NTUC FairPrice and NTUC FairPrice affiliates and their respective officers, directors, employees, contractors and agents (“Indemnified Parties”) harmless from and against all claims, losses, liabilities and expenses (including attorney’s fees and costs and/or regulatory action) arising out of or in connection with (a) any Order placed by you or on your behalf, (b) any purchase of E-Gift Vouchers by you or on your behalf; (c) your violation or breach of any of the Terms or any applicable law or regulation, whether or not referenced herein, (d) your violation of any rights of any third party, or (e) your use or misuse of the E-Gift Vouchers. The obligations set forth in this Paragraph shall survive termination of the Agreement.
5. PERSONAL DATA PROTECTION
5.1 By submitting personal data (as defined under the Personal Data Protection 2012, “PDPA”) to NTUC FairPrice, you consent to NTUC FairPrice’s collection, use, disclosure and processing of the same for the purpose of processing your Order, delivering the E-Gift Voucher to you and/or your desired Recipient(s), supporting your user experience on the FPG Services and related administrative matters in accordance with the PDPA, our Privacy Notice which can be found at https://help.fairprice.com.sg/hc/en-us/articles/4464676591129-Privacy-Notice-with-effect-from-2-April-2022-, these Terms and applicable laws. Further, you warrant and represent to NTUC FairPrice that any other relevant data subject (including without limitation the Recipients) have consented to the same or would have consented to the same if asked.
6. NTUC FAIRPRICE’S LIMITATION OF LIABILITY
6.1. Except as otherwise provided by law, NTUC FairPrice’s maximum and total aggregate liability under the Agreement shall in no event exceed the amount paid by you to NTUC FairPrice for the Order allegedly giving rise to liability on the part of NTUC FairPrice.
6.2. In no event shall NTUC FairPrice be liable to you or anyone for any indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). NTUC FairPrice shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have placed any Order or purchased any E-Gift Voucher, including but not limited to loss, damage or injury arising out of, or in any way connected with any Order or E-Gift Vouchers including but not limited to the inability to place any Order or use any E-Gift Vouchers, even if NTUC Fairprice have been previously advised of the possibility of such damages.
6.3. You acknowledge, understand and agree that FPG Services and/or use of the E-Gift Voucher may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. NTUC FairPrice is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
7. TERM AND TERMINATION
7.1. The Agreement shall be effective upon receipt by NTUC FairPrice of your Order and terminate upon expiry of the E-Gift Vouchers.
7.2. Provisions which expressly or by implication survive termination shall continue in full force and effect after such termination.
8.1. These Terms and all rights and obligations hereunder shall be governed by and construed in accordance with the laws of Singapore.
8.2. Depending on the nature of the dispute, any claim or disagreement arising out of or in connection with these Terms and/or use of E-Gift Vouchers (“Dispute”) shall be submitted for mediation at the Mediation Centre of the Consumer Association of Singapore (“CASE”) in accordance with CASE’s mediation procedure in force for the time being. Either party may submit a request to mediate to CASE upon which the other party will be bound to participate in the mediation within CASE prescribed time. If the Dispute cannot be resolved at mediation, such Dispute shall be referred to the Small Claims Tribunal or the courts of Singapore, as the case may be, for resolution.
8.3. NTUC FairPrice may seek immediate injunctive relief if NTUC FairPrice makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
8.4. You acknowledge and agree that any records (including records of any emails, webform and telephone conversations relating to FPG Services, if any) maintained by NTUC FairPrice or its service providers relating to or in connection with FPG Services, the Orders and E-Gift Vouchers shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between NTUC FairPrice and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
8.5. Unless otherwise provided under these Terms, the provisions of these Terms and NTUC FairPrice’s rights and remedies under these Terms are cumulative and are without prejudice and in addition to any rights or remedies NTUC FairPrice may have in law or in equity, and no exercise by NTUC FairPrice of any one right or remedy under these Terms, or at law or in equity, shall (save to the extent, if any, provided in these Terms or at law or in equity) operate so as to hinder or prevent NTUC FairPrice’s exercise of any other such right or remedy as at law or in equity.
8.6. The failure of NTUC FairPrice to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by NTUC FairPrice in writing.
8.7. NTUC FairPrice may give notice by means of electronic mail to your email address in the records of NTUC FairPrice, or by written communication sent by registered mail or pre-paid post to your address in the records of NTUC FairPrice. Such notice shall be deemed to have been given upon the expiration of 24 hours after mailing or posting (if sent by registered mail or pre-paid post) or immediately after sending (if sent by email). You may give notice to NTUC FairPrice (such notice shall be deemed given when received by NTUC FairPrice) by letter sent by courier or registered mail to NTUC FairPrice at 1 Joo Koon Circle, #13-01 FairPrice Hub, Singapore 629117.
8.8. The partial or complete invalidity of any one or more provisions of these Terms shall not affect the validity or continuing force and effect of any other provision.
8.9. NTUC FairPrice reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms and reserves the right to use any service providers, subcontractors and/or agents on such terms as NTUC FairPrice deems appropriate.
8.10. The Agreement as constituted by these Terms as modified from time to time may not be assigned by you without the prior written approval of NTUC FairPrice but may be assigned without your consent by NTUC FairPrice. Any purported assignment by you in violation of this Paragraph shall be void.
8.11. No joint venture, partnership, employment or agency relationship exists between you, NTUC FairPrice or any third party service provider as a result of these Terms or use of the E-Gift Vouchers.
8.12. NTUC FairPrice shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms (or any part thereof) or for any inaccuracy, unreliability or unsuitability of FPG Services or the Orders or E-Gift Vouchers if this is due, in whole or in part, directly or indirectly, to an event or failure which is beyond NTUC FairPrice’s reasonable control.
8.13. A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 2001 to enforce its terms.