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Terms & Conditions

Welcome to the https://Choimart.com Site (the “Site”). Please read the following Terms of Use carefully before accessing and / or using this Site or opening a Choimart account (“Account”) so that you are aware of your legal rights and obligation. This Site is operated by JFY Enterprise Pte Ltd (Unique Entity No.: 201915499G) of 5001 Beach Road #07-48 Golden Mile Complex Singapore 199588. The Site provides an e-commerce platform that enables register account, place, accept, conclude, manage and fulfill orders for the sales and purchases of products and/or service online via the Site.

Clause 1. Acceptance of Terms
1.1 Scope of Terms and Conditions

1.1.1 Throughout the Site, the terms “Choimart”, “Company”, “we”, “us” and “our”, refer to JFY Enterprise Pte Ltd. We offer in the Site, including all information, tools and services, or materials made available through the Site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices as stated herein.

1.1.2 By visiting the Site and / or purchase order from the Site, you are engaging in our “Service” we provide or make available and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”, “Conditions”), Any new features may be amended from time to time. These Terms & Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, Buyers, Sellers, and / or contributors of content.

These Terms and Conditions are to be read together with the following documents:

1.1.3 The terms of the Policies are part of these Terms and Conditions by reference, and collectively represent a legally binding agreement between the account and the Company. For the avoidance of doubt, in the event of any inconsistency, the terms and conditions in this Terms and Conditions shall prevail.

1.1.4 Choimart reserves the right to amend, modify, suspend or discontinue any features or tools which at any time or upon notice as required by local laws. Choimart may release certain services or features in beta version, which may not be work correctly or in the same way the final version may work, we shall not be held liable in such instance. Choimart may also impose limits on certain feature or restrict your access to certain part of the Site or services in its sold discretion and without notice or liability.

1.1.5 Choimart reserved the right to update, change or replace any of these terms & conditions at our sole absolute discretion without notifying all users of the Site. such amendments shall thereafter bind the users. It is all users responsibility to check on this Site regularly for any updates and / or changes.

1.1.6 Choirmart reserved the right to refuse your access to the Site or service or to allow you to open an Choimart account for any reason. If you do not agree to all the terms and conditions as contained herein, please do not proceed further and you are advised to leave this Site immediately or refrain from using any Services provided herein. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

1.2 Use of Service and the Site

1.2.1 Choimart provides an e-commerce platform facilities and services via the Site enabling the sales and purchase of products between Seller and buyers.

1.2.2 By accessing, browsing and/or using the Site, you are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.

1.2.3 You must not access and/or use the services or the Site if you are not agreeable to any of the Terms & Conditions.

1.2.4 You are to use the Site at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that you may suffer therefrom.

  • Use of Personal Data

1.3.1 For a complete description of how the Company uses and protects personal data, you may refer to the Privacy Policy.

1.3.2 By continuing to access the Site and using the Services, you are deemed to accept the terms of the Privacy Policy. Please do not use our Services or the Site if you object to your personal data being used in the ways described in the Privacy Policy.

Clause 2. Application and Registration Account

  • 1 Registration as Account
    • 1.1 In order to access or use certain services on the Site, you are required to register an account (“Account Holder”). Unless otherwise specified by us, registration an account is free.
    • 1.2 Choimart reserves the right to restrict, suspend or terminate your access to or use of the Site or the Services (or any part of the same) if in Choimart’s sole and absolute opinion, you are in breach of any of the Terms and Conditions.
    • The account holder is irrevocably and unconditionally agree to the terms of use and all other terms and conditions and privacy notice as published herein.
  • 2 Account Categories
    • 2.1 Account holder of the Site can fall under any one or more of the following categories:
      1. (a) Buyer;
      2. (b) local business Seller (with business / Local Government approved company registration).
    • 3 Application Requirements
      • 3.1 To create an account, you must comply with the following requirements:
        1. (a) For individual buyer, you present that you are an adult of at least age 18 years capable of entering into contract and that you have given us your consent to allow any of your minor dependents to use the Site. You are hereby granted a non-transferable and revocable license to use the Site, in accordance to the Terms & Conditions described herein, for the purpose of online shopping for products sold in the Site.
        2. (b) if you are a company / registered business, you must be an incorporated legal entity or have a business registration number and are authorized under your constitution documents to conduct business with us in accordance with the laws of Singapore; You must also provide such information and documents required to support the application, including but not limited to your company/business registration number, company incorporation documents and details of personnel handling the account.
      • 3.2 You warrant that all information provided to us as part of the registration process is accurate, current and complete at all times and you will immediately let us know if there are any changes to the same. If we rely on the contents of your application and accept you as a Member, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted to us by you.
      • 3.3 We reserve the right to accept or reject your application to create an account at our sole and absolute discretion in the following cases:
        1. (a) where we are not able to verify your identity with certainty;
        2. (b) where the data provided by you upon sign-up (for example, contact number, address, email address, company/business registration number etc.) is identical to an account already registered with us;
        3. (c) where you have provided false or inaccurate information or omitted to provide necessary information during the application process;
        4. (d) where you have sign up for an account within less than two (2) weeks from the date of termination or cancellation of an earlier account on our Site;
        5. (e) where you have signed up an account under another account, which is either temporarily or permanently suspended at the time of application for a new account;
        6. (f) where you have breached any of the Terms and Conditions; and/or
        7. (g) any other reason as may be determined by Choimart.
        8. (h) for the avoidance of doubt, our decision above cannot be contested.
  • 4 Completion of Registration
    • 4.1 Upon successful completion of the registration process as determined by us. Our registration process may, where necessary, include identity verification by way of submission by you of certain documentary evidence and support materials as may be requested by us.
    • 4.2 In order for us to identify you as our account holder, you can submit for our review, an account identification name (“Account ID”) which can be any word, letter, numbers or combination of the same. The Account ID shall be our method of identifying you as an account holder on the Site. Please note that we reserve the right not to approve any Account that we feel are unsuitable or are not in accordance with our Policies.
    • 4.3 Where an Account Holder:
      1. (a) is a company / registered business, we can provide up to five (5) Member IDs;
      2. subject to such conditions and authentication process as we may impose.
    • 4.4 Please note that you are not allowed to change your email address once you application is submitted and approved as Account ID is linked to the email address. If you would like to change your email address, you will need to terminate your membership and account, and sign up again using a new email address.
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  • 5 Protection of Account Details
    • 5.1 Each Account Holder is responsible for maintaining the confidentiality of their own account information, and all activity that occurs under the account. You agreed to notify us immediately should there be any unauthorized use of your account or password and/or any other breach of security. You may be held liable for losses incurred by Choimart due to someone else using your password or account.
    • 5.2 You may not use anyone else’s password or account at all times. We reserves the right to suspend and or disable the account at any time in our sole and absolute discretion for any reason, including where you have breached any provision of these Terms and Conditions.
  • 6 Use of Services
    • 6.1 Use of the Site and its services as a Buyer is free.
    • 6.2 However, certain Services or functions on the Site which are provided for Sellers may require the payment of fees as further described in the Seller Agreement, Policies and/or other agreements as may be entered into between the Seller and us from time to time.
    • 6.3 Any fees imposed shall be charged, settled and/or otherwise dealt with in accordance with the terms of the Seller Agreement, Policies and/or any other agreement a Seller may enter into with the Company in respect of the same.
  • 7 Suspension and Termination of Account
    • 7.1 Limitation of Access, Suspension or Termination by Choimart. Subject to clause 2.8, Choimart shall be entitled to restrict your access to the Services and/or temporarily or permanently suspend the Services and/or your account, terminate your account and and/or take any such measures or actions that we deems necessary without prior notice to you if:
      1. (a) you commit any prohibited conduct in violation of Article 4.1.;
      2. (b) where you have committed or are suspected to commit any wrong doing for any unlawful act where you have committed. Suspected of breaching or are anticipated to breach any of these Terms and Conditions; and/or
      3. (c) there are any other reasonable grounds as may be determined by us at its sole and absolute discretion.
    • 7.2 Termination by Account Holder. Subject to Article 2.8, you may terminate your account at any time by writing to us at [email protected] provided that all sale and purchase transactions of any Product that are currently in progress must be either be completed or cancelled.
    • 7.3 Consequences of Termination of Account. Termination of your account, either in accordance with Article 2.7.1 or Article 2.7.2, will result in you losing:
      1. (a) all Credits (as defined herein) and Points (as defined herein) accumulated;
      2. (b) your shopping history; and
      3. (c) Buyer Grade (as defined herein).
      4. For the avoidance of doubt, the account holder agree to accept all consequences arising from such termination shall be borne by you.
    • 8 Rights of the Company upon Suspension/Termination of Account
      • 8.1 Where your Account is suspended or terminated by us for any reason whatsoever or where you voluntarily terminate your Account (as the case may be), we reserve the right to:
        1. (a) cancel and/or reverse any and all Transactions under your account, including cancelling the delivery of any Product purchased and refunding all payments made for the same (where applicable);
        2. (b) cancel, forfeit or deduct Credits, Points and/or Coupons as may be available under your account on the date of termination;
        3. (c) cancel, forfeit or deduct other benefits which may be provided to you as a Member;
        4. (d) disallow or restrict the use of all or part of the Services and/or the Site;
        5. (e) deny or decline any new application for new account submitted by you within two (2) weeks from the date of termination;
        6. (f) disallow the use of your previous Account ID for any new account applied for by you, at our sole and absolute discretion; and/or
        7. (g) claim for compensation or damages pursuant to Article 2.9.
      • 8.2 The Company shall provide you prior notice of the steps to be taken under Article 2.8.1above by telephone or e-mail. Where you are not contactable or in the case of emergency circumstances, the steps set out above may be taken without prior notice, and we shall notify you as soon as practicable thereafter.
    • 9 Compensation for Losses

Where, in using the Services and/or accessing the Site, any of your actions cause any losses to the Company, you shall be liable for and shall compensate the Company for all costs and expenses incurred or suffered. In the event of any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.

  • 10 Reactivation of Account

In order for you to commence using the Services again, you will need to authenticate and verify your identity in accordance with such procedures as determined by the Company.

Relationship of Parties

  • 1 Role of Company
    • 1.1 The Company primarily operates, manages and provides the Site for the purpose of enabling safe and reliable Transactions between account holders, in their capacity as buyers (“Buyer”)and sellers (“Seller”).
    • 1.2 For the avoidance of doubt, if you make a purchase order on the Site, you are purchasing the Product from an independent Seller and not from us, unless we are specifically named as the seller on record.

Use of Site and Services

  • 1 Compliance
    • 1.1 As a condition of your use of the Services and/or access to the Site, you agree that:
      1. (a) Compliance with law. You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:
        1. (i) committing fraud, for example by making purchases on the Site using another person’s identity, credit card or bank account;
        2. (ii) distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities; or
        3. (iii) using the Services to promote and facilitate pyramid schemes;
      2. (b) Compliance with Terms and Conditions. You shall comply with these Terms and Conditions and our Policies.
      3. (c) Uploading and Use of Contents. You shall not upload, post, reproduce, encourage, promote or facilitate the use of any information, text, images, graphics, video clips, sound, directories, files, databases or listings made available via the Site and the Services (“Contents”):
        1. (i) which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or
        2. (ii) which infringe or misappropriate the Intellectual Property Rights of the Company or other third parties.
      4. (d) Resale of Services and Contents. You shall not copy, reproduce, compile, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes.
      5. (e) Use of Personal Data. You shall not collect or post personal information about other Account Holders or other third parties, including email addresses, without their consent.
      6. (f) Abusive Behaviour. You shall not use the Services, access the Site or manipulate the Site’s system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorized and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:
        1. (i) transferring your account and Account ID to another party and/or allowing access by a third party to your account and Account ID without our express written consent;
        2. (ii) directly entering into and completing any Transaction with another Member outside of the Site and/or without using the Payment Protection Services (as described in Clause 6) provided by the Company on the Site (“direct dealing Transactions”);
        3. (iii) exploiting or attempting to exploit any benefits provided by the Company, (including but not limited to discounts and/or Coupons) by signing up for multiple accounts and/or purchasing a Product with no intention to complete the same;
        4. (iv) manipulating the price of any item or interfering with other account holders’ listings; or
        5. (v) taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Site or using it for purposes unrelated to the Site);
      7. (g) Disruption of Site and Services. You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Services or the Site or the Company’s operations and/or business, including but not limited to:
        1. (i) distributing viruses or any other technologies that may harm the Site, or the interests or property of other account holders;
        2. (ii) undertaking any action to undermine the integrity of, or gain access to, the Site system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services (“System”);
        3. (iii) monitoring data or traffic on the System or conducting crawling of the System without the Company’s permission;
        4. (iv) engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or
        5. (v) engaging in any behaviour that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;
      8. (h) Acting in Good Faith. You shall conduct yourself in accordance with good public order and morals, and shall refrain from:
        1. (i) persistently raising complaints without any reasonable grounds or justification;
        2. (ii) repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or
        3. (iii) engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.
  • 1.2 The Company may, without notice, delete postings or restrict or prohibit you from posting or using specific Services on the Site, terminate your access to the Site and the Services or take any other measures it deems fit on the occurrence of a breach of any of the conditions specified under Clause 4.1.1above.
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  • 1.3 Please report to the Company should you be asked to enter into any direct dealing Transactions, as described in Article 4.1.1(f)(ii)above. The Company shall not be responsible for any problems or issues suffered by any Account Holder arising in relation to such direct dealing Transaction.
  • 2 Liability for Third Party Sites

The Company shall have no liability whatsoever in the event the Company posts any information provided by its partners, or provides reference information or contents provided by a third party at the Site or links on the Site for your convenience, and you visit such third party Sites at your own risk.

  • 3 Suspension of Services
    • 3.1 The Company may restrict or temporarily suspend the provision of all or part of the Services to you in the event such Services are unable to be provided due to:
      1. (a) maintenance work on the Site;
      2. (b) the occurrence of power or communications outage;
      3. (c) technical problems on the part of our third-party suppliers or partners;
      4. (d) the occurrence of a natural disaster, act of terrorism or other force majeure events; and/or
      5. (e) any other reason(s) that the Company may deem necessary for such suspension.
    • Upon the suspension of the Services, the Company shall post a notification on the Site on the suspension of the Services as soon as reasonably practicable.
    • 3.2 The Company shall not be liable for any damages or losses that you or any third party may suffer or sustain as a result of any restriction or temporary suspension of any Services in accordance with the terms of these Terms and Conditions.

Article 5 – Sale and Purchase of Products

  • 1 No Representation
    • 1.1 The Company is not an agent for, and does not represent either a Seller or a Buyer, and has no authority to act on behalf of either party.
    • 1.2 Whether in your capacity as a Buyer or a Seller (as the case may be), you shall be solely and directly responsible for all liabilities related to transactions entered into between you and other Account Holders and in relation to any information provided by you to other Members and vice versa.
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  • 2 No Guarantee
    • 2.1 The Company does not control the behaviour of Account Holders or the information provided by Account Holders that is made available on the Site. Consequently, we do not provide any guarantees with regard to the Transactions undertaken by Buyers and Sellers, and do not warrant:
      1. (a) the existence, quality, completeness, appropriateness, safety or legality of any Product;
      2. (b) the veracity of any intent to sell or purchase Product by a Buyer or Seller;
      3. (c) whether a Product infringes the rights of any other third party;
      4. (d) the truthfulness, accuracy or legality of any information posted by a Seller or a Buyer in respect of a Product; or
      5. (e) that all Transactions will be completed.
    • 2.2 Any liabilities and risks relating to Transactions undertaken between a Buyer and a Seller shall be borne by the relevant parties. As such, before proceeding with any transaction on the Site, you must make your own independent assessment and determination regarding the statements, Product descriptions, the representations of the other party and the party’s ability to pay for or deliver the Products offered and specific terms and conditions imposed by Sellers regarding refunds, exchanges and returns (if any).
    • 2.3 A minor, being a person below the age of 18, cannot purchase any Products without the consent of his parents or legal guardian. Any transaction entered into without such consent may be cancelled by the Company or the parents or legal guardian, as the case may be.
  • 3 Placing of Order
    • 3.1 If you, in the capacity of a Buyer, place an Order to purchase a Product on the Site and the Order is accepted by the Seller, you are obligated to complete the Transaction with the Seller and to be bound by such additional terms and conditions specified by the Seller on the Seller Store on the Site, unless:
      1. (a) the Transaction is prohibited by law or these Terms and Conditions;
      2. (b) the Seller materially changes the Product’s description or the Product does not conform to the Seller’s description; or
      3. (c) a manifest error exists in the Product listing information which materially affects the terms of the sale.
    • 3.2 An Order may be cancelled by a Buyer at any time before acceptance of the said Order by the Seller.
    • 3.3 The Site shall notify a Seller of all Orders made, and upon the Seller’s acceptance of an Order, the status for the Transaction shall be reflected as “Preparing for Shipment”.
    • 3.4 Where you have submitted an Order and made full payment for the same, if a Seller fails to confirm acceptance of the Order within such period of time as required under the Seller Agreement, you may request for the transaction to be cancelled and a refund issued pursuant to Clause 8.
  • 4 Offer and Acceptance
    • 4.1 Invitation to Treat. For the avoidance of doubt, any and all information on this Site, including the prices and details, constitutes an invitation to treat (an invitation for a Buyer to make an offer to form a contract), and is not considered a binding offer.
    • 4.2 Offer Made by Buyer. Where you place an Order and make payment for a Product on the Site, you are actually making an offer to purchase the Products from the Seller, based on the information and description of the Product applicable at the time of purchase.
    • 4.3 Acceptance by Seller. While a Seller will make every effort to supply Products ordered, a Seller shall only be legally bound to do so when the Seller confirms acceptance of your offer via the Site. An Order is deemed accepted and a binding contract is in place only when the status of an Order on the Site is updated to “Preparing for Shipment”.
    • 4.4 Right to Cancel for Technical/Operational Errors. In the event of an electronic, computer, operational and/or technical error affecting details and pricing of a Product or any promotion on the Site, we reserve the absolute right to rectify such error and/or cancel any Transaction which has been entered into in reliance on the said error.
    • 4.5 Compensation Limited to Refund of Price Paid. You agree and understand that your remedy as a Buyer in the event of any cancellation made pursuant to this Clause 5.4is the refund of the amount paid by you in respect of any such cancelled Transaction. Nothing in this Article shall entitle you to further or additional compensation, and you shall have no right to insist on the completion of the Transaction and/or delivery of the Products under the Order.
  • 5 Payment for Products
    • 5.1 Payment for Products purchased on the Site can be made via the following methods:
      1. (a) credit card;
      2. (b) debit card;
      3. (c) PayNOW;
      4. (d) Credits;

and shall be in accordance with such terms and conditions as stated on the Site. In the event of any cancellation or refund, the refund methods shall be dealt with in accordance with the Cancellation, Exchange, Returns and Refunds Policy.

  • 5.2 When making payment, you must only use payment methods that are legally available to you, and shall not fraudulently use any means of payment under another party’s name. Pursuant to the same, we reserve the right to take all such actions to review any payment Transactions and where deemed necessary, to suspend the processing of such Transactions until our investigations are complete. As a Buyer, you agree to be responsible for all damages and losses suffered or sustained by the Company, the owner of such payment methods and the Seller, which arise out of any fraudulent actions.

Clause 6 – Payment Protection Services

  • 1 Purpose and Mechanism
    • 1.1 The Company provides payment protection services (“Payment Protection Services”) to help create a safe and reliable environment for Account Holders to undertake e-commerce Transactions. Payment Protection Services is an escrow payment service provided by the Company whereby any payment made by a Buyer for the purchase of Product is withheld by the Company and only released to the Seller upon confirmation that delivery of a Product has been made and such other appropriate criteria in order to protect the Buyer’s interest. Payment Protection Services applies to all Products purchased on the Site and is a free service.
    • 1.2 Under the Payment Protection Services, if you have purchased any Product and completed full payment for the same but:
      1. (a) have not received the Product within the time period stated by the Seller in the Product page; or
      2. (b) have received a Product which is defective, significantly not as described or does not materially conform to the product details as stated on the Site;

you may contact the Company, and we shall, upon the appropriate investigations being made, refund the payment made by you for the Product.

  • 2 Cessation of Payment Protection Services
    • 2.1 Please note that you are entitled to buyer protection under the Payment Protection Services only until the Product purchased is successfully delivered and accepted by you, which for the purpose of this Article 6, shall be at any point of time before Purchase Confirmation, being the updating of the status of a Transaction to reflect “Purchase Confirmed” on the Site.
    • 2.2 Purchase Confirmation can be effected either by way of:-
      1. (a) Purchase Confirmation by Buyer. You may confirm your purchase by accessing the “MyPage” area in your buyer account on the Site, and clicking on the “Purchase Confirmed” button; or
      2. (b) Automatic Purchase Confirmation by System. Where you do not take active steps to confirm receipt of the Product in the manner set out in Clause 6.2.2, and where you have not taken any active steps to return the Product received or request for an exchange, you are deemed to have effected Purchase Confirmation upon the expiry of the following time periods:
      3.  
 
 

Seller Type

Delivery Method

Time Period for Automatic Purchase Confirmation

1.

Local Seller

via courier company – trackable via the Site system

7 days from “Shipping Complete” date

2.

Local Seller

via courier company – non-trackable via the Site system

21 days from “Shipping in Progress” date

3.

Local Seller

direct delivery (using Seller’s own transport)

21 days from “Shipping in Progress” date

4.

Global Seller

via courier company – trackable via the Site system

7 days from “Shipping Complete” date

5.

Global Seller

via courier company/other delivery method – non-trackable via the Site system

30 days from “Shipping in Progress” date
  • 2.3 Once the status of a Transaction is changed to “Purchase Confirmed” on the Site, protection for the said Transaction under the Payment Protection Services will no longer be available to you, and your payment for the Product will be released to the Seller in accordance with our standard practice and Policies.
  • 2.4 Please note that any request for cancellation and refund of the Order after the cessation of the Payment Protection Services shall need to be made directly to the Seller, subject to the Seller’s approval and such terms and conditions as the Seller may impose.
  • 3 No Representation
    • The provision of Payment Protection Services by the Company does not make the Company a representative of a Seller or a Buyer, nor does it mean that the Company is acting as a proxy for any Buyer or Seller in performing their obligations in connection with any Transaction.

Clause 7 – Delivery of Products

  • 1 Proper Delivery Address
    • 1.1 Delivery of the Products shall be made to the address specified by you in your Order.
    • 1.2 You agree to bear the risk for any Products wrongly delivered due to incorrect details provided by you.
  • 2 Failure to Deliver by Seller
    • 2.1 Where you have submitted an Order and made full payment for the same, but the Seller fails to deliver the Product within the period specified on the Product page without any proper, reasonable and acceptable justification, you may request for the Transaction to be cancelled.
    • 2.2 In such instance, the Company shall refund any payment made by you in accordance with the Cancellation, Exchange, Return and Refunds Policy in force at such time.

Clause 8 – Cancellation, Returns, Exchange and Refunds

  • 1 Please refer to the Cancellation, Exchange, Return and Refunds Policyfor further information in relation to the obligations of a Seller or Buyer in respect of cancellation, exchange, returns and refunds of Products.
  • 2 For the avoidance of doubt, the Cancellation, Exchange Return and Refunds Policyshall be read together with the Seller Agreement, these Terms and Conditions and such other Policies in force from time to time.

Clause 9 – Credits and Points

  • 1 Credits
    • 1.1 One (1) Credit is equivalent to SGD1.00 (or any other amount as may be determined by the Company) in cash. Credits cannot be exchanged for cash.
    • 1.2 You may earn Credits by purchasing selected Products or participating in selected Company promotions. The Company may also issue Credits to you pursuant to special promotions or for any other reason at the Company’s discretion.
    • 1.3 You shall use any Credit received only in the manner specified by the Company on the Site and/or as specifically made known to you via email or mobile communications.
    • 1.4 The validity period of Credits shall be for such term as the Company may specify on the Site. Although you may be notified by email prior to the expiry date of any Credit, it remains your responsibility to track the validity period of your Credits via your own account on the Site.
    • 1.5 Upon expiry of the validity period, any Credits you have shall be cancelled and removed from your account.
    • 1.6 Where you obtain Credits through the purchase of Products, the Company shall reserve the right to cancel any Credits issued where the purchase is subsequently cancelled. In addition, the Company shall have the right to cancel any Credits issued if you are found or are suspected to have breached these Terms and Conditions and/or any other Policies.
    • 1.7 Where the cancellation of Credits pursuant to Clause 9.1.5 or Clause 9.1.6 causes a negative balance of Credits in your account, the Company may treat such Credits as owing by you, and may recover the same by setting off the outstanding Credit amount against Credits acquired by you in the future.
    • 1.9. The Company shall not entertain any requests for the reissuance of expired or cancelled Credits.
  • 2 Points
    • 2.1 Points can be used to redeem Credits or Coupons, which can then be used as a means of payment at the Site for full or part settlement of the purchase price of Products. Points cannot be exchanged for cash.
    • 2.2 You shall use any Points received only in the manner specified by the Company on the Site and/or as specifically made known to you via email or mobile communications.
    • 2.3 The validity period of Points shall be for such term as the Company may specify on the Site. It shall be your responsibility to track the validity period of the Points via your account on the Site.
    • 2.5 Upon expiry of the validity period, any Points you have shall be cancelled and removed from your account.
    • 2.6 Where you obtain Points through the purchase of Products, the Company shall reserve the right to cancel any Points accumulated where the purchase is subsequently cancelled. In addition, the Company shall have the right to cancel any Points issued if you are found or are suspected to have breached these Terms and Conditions and/or any other Policies.
    • 2.7 The Company shall not entertain any request for the reissuance of expired or cancelled Points.

Clause 10 – Coupons

  • 1 Issuance and Use
    • 1.1 You are only entitled to use a Coupon for your own purchases and the Coupon shall not be sold or transferred to any other person.
    • 1.2 Use of a Coupon may be restricted and only be applicable for certain Products in certain categories or subject to a minimum or stated amount/value of purchases. Coupons may not be used after the respective expiry date. Coupons are not reusable in the event a refund is made due to cancellation or the return of a Product.
  • 2 Coupon Types
    • 2.1 The type of Coupons and discount entitlement on purchases are as follows:
      1. (a) Bonus Coupon – discount applicable for one (1) Product purchased only. For example:
        1. (i) purchase two (2) or more units of Product X, discount applies only to the first unit of Product X;
        2. (ii) purchase one (1) unit of Product X and one (1) unit of Product Y, discount applies to either Product X or Product Y, but not to both Products.
      2. (b) Shopping Cart Coupon – discount is applicable for total order amount (excluding add-on items, shipping fee);
      3. (c) Shipping Fee Coupon – discount is applicable for shipping fee for one (1) shipment i.e. one (1) coupon per shipment;
      4. (d) Store Cart Coupon – discount is applicable for total order number of specific Products from a specific Seller Store (excluding add-on items, shipping); and
      5. (e) other types of Coupons, as the Company may issue from time to time, subject to the discount entitlement and specific conditions as the Company shall decide.
    • 3 Cancellation of Coupon
      • 3.1 If your Order is cancelled, your Coupon will be automatically reissued provided that the cancellation occurs within the Coupon validity period.
      • 3.2 The reissued Coupon will be valid for the remainder of the original validity period and the Company will not entertain any request for extension of the validity period for the reissued Coupon. It shall be your responsibility to track the validity period of the Coupons and no request for reissue or extension of validity period of expired Coupons will be entertained.
      • 3.3 Notwithstanding the aforementioned, the Company reserves the right to cancel a Coupon and/or amend the terms and conditions applicable for Coupons at its sole and absolute discretion.

Clause 11 – Buyer Grade

  • 1 Determination of Buyer Grade
    • 1.1 A Buyer shall be entitled to certain benefits as listed on the Buyer’s account, under the “My Page” section of the Site depending on the Buyer Grade.
    • 1.2 The Company has sole and absolute discretion to determine your Buyer Grade for any particular period in accordance with such criteria as the Company shall decide.
    • 1.3 The Company reserves the right at all times to:
      1. (a) change your Buyer Grade; and
      2. (b) cancel any benefits received under such Buyer Grade;
      3. where you have breached any of the Terms and Conditions or where the Company deems, at its discretion, that such action is necessary.
    • 2 No Guarantee of Financial Status

Your Buyer Grade in no way guarantees your creditworthiness nor is it any indication of your financial status.

  • 3 Review of Buyer Grade
    • 3.1 Where you believe that you may have been accorded a wrong Buyer Grade, then you may request for a reassessment of the same, which shall be subject to the criteria referred to in Article 11.1.1 above.
    • 3.2 Any follow up action taken will be at the Company’s sole and absolute discretion.

Clause 12 – Feedback and Review System

  • 1 Submission of Feedback
    • 1.1 Upon purchasing a Product, you may submit your review of such Product via the feedback and review mechanism provided on the Site, which can be in the form of writing, image and/or video clip. Your feedback on the level of satisfaction with the Product as well as experience with the Seller will contribute to the Seller’s rating on the Site.
    • 1.2 If you submit or post a review of a Product, such review shall be made publicly available. You shall be solely responsible for your review and the Company is not responsible to ascertain whether any opinion expressed is true. As such, you should ensure that any review posted is fair and not unlawful.
  • 2 Right to Remove Feedback

Notwithstanding the aforementioned, if the Company is of the view that your published review of the Product is not appropriate for public disclosure or is defamatory or likely to violate the law or breach these Terms and Conditions, the Company shall be entitled to delete such review at its sole and absolute discretion and without notice to you.

Clause 13 – Intellectual Property Rights

  • 1 Site Contents. The Company is the sole owner or lawful licensee of all the rights and interests in the Site and its contents (“Site Contents”). All title, ownership and Intellectual Property Rights in the Site and Site Contents shall remain with the Company, our affiliates or licensors of the Site Contents, as the case may be. All rights not otherwise claimed under these Terms and Conditions or by the Company are hereby reserved.
  • 2 Infringements. Any person may protect their rights by contacting the Company in the event their copyright or other intellectual property has been infringed or violated on the Site by any person. Pursuant to the same, the Company may at its sole and absolute discretion take down the Product listing, information, specification and/or photograph complained of and suspend sales of the corresponding Products until such time that the Company at its sole and absolute discretion deems that evidence provided is sufficient to prove that the complaints and/or that the alleged claims are invalid.
  • 3 Compliance. You shall ensure that all content including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by you on the Site do not infringe or violate trade mark rights, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and/or circuit layout rights and all various other Intellectual Property Rights. You shall also ensure that the use of such Intellectual Property Rights is with the prior, approval or consent of Intellectual Property Rights owner or intellectual Property Rights subsisting in any part of the world belonging to third parties.
  • 4 Ownership of Photographs or Videos of Products Arranged by the Company. For the avoidance of doubt, the Intellectual Property Rights in any photographs or videos of Products which are arranged by and/or taken by the Company as part of any additional support under the Services shall vest in the Company.
  • 5 Affiliates. In order to boost sales, information regarding Products displayed for sale by any Member on the Site may be disclosed to the Company’s affiliated third parties, including Sites and blogs owned by and / or affiliated to such third party, and any such disclosure shall be subject to the Seller Agreement and the Terms and Conditions.
  • 6 Indemnity. You shall indemnify and hold harmless the Company and its directors and employees from all actions, claims and demands which may be instituted or made against you arising from your use of Intellectual Property Rights or violation of any applicable intellectual property laws.
  • 7 Claims from a Third Party. Where you have received claims from a third party that your postings made on the Site infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, you shall to the furthest extent possible exempt and not involve the Company, its directors and employees, and the Site from and in such claims.
  • 8 Complaints. You shall notify the Company as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to the Company, its directors and employees and / or the Site arising from your use of any Intellectual Property Rights must shall be fully compensated by you.
  • 9 Usage. If you post content or submit material to the Site, and unless the Company indicates otherwise, you are deemed to have a granted the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

Clause 15 – Customs Regulations and Inspections

  • 1 If you are buying Products on the Site which are located in another country, kindly note that you shall be considered as the importer on record. As such, you must comply with all applicable importation laws and regulations when buying such Products, and you should ensure that the Product purchased can be lawfully imported into Singapore before purchasing the same.
  • 2 Purchases of Products from overseas may be subject to payment of import duties and taxes, which are levied once the Product reaches Singapore. As a general principle, additional charges for customs clearance shall be borne by the Seller.

Clause 14 – Liability

  • 1 In the event of a dispute between you and another buyer in relation to Products purchased on the Site, you shall release the Company from all claims, demands and damages, actual and consequential, of every kind and nature, known and unknown arising out of or in any way connected with such dispute.
  • 2 The Company does not guarantee the quality, safety or legality of the Products, the truth or accuracy of the content or listings of Sellers and other Account Holder on the Site or that a Account Holder will actually complete a particular Transaction.
  • 3 The Company cannot and does not guarantee continuous or secured access to the Site and its services, and operation of the Site may be affected by numerous factors outside of the Company’s control.
  • 4 All materials, information, software, products, services and other content contained on the Site or from a linked Site, is provided to you on “as is” basis and without warranty or conditions of any kind, express or whether implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
  • 5 The Company assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Site and under no circumstances will the Company be liable for any loss or damage by your reliance on information obtained through the Site. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of the Site is solely at your own risk.
  • 6 The Company shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury or expense, howsoever arising, out of or in connection with the supply or use of the Products. Under no circumstances will the Company be liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on claims of a Member or whether in action for contract, breach of warranty, tort or otherwise.
  • 7 THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. SPECIFICALLY, YOU AGREE THAT THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. SPECIFICALLY, YOU ALSO AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND / OR INCLUDED IN THIS SITE BY ANY THIRD PARTY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT PRODUCTS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) NEGLIGENCE, (6) AND ANY THEORY OF LIABILITY, OUT OF OR IN ARISING CONNECTION WITH THE USE OF, INABILITY OR TO USE THIS SITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • 8 Indemnity. You hereby indemnify and hold the Company, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys’ fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of your breach of this Terms and Conditions and/or the Seller Agreement (as the case may be), or your violation of any law or the rights of a third party.

Clause 15 – No Warranties

  • 1 You will not hold the Company responsible for other Account Holder’ content, actions or inactions, or Products listed by Members, including content they post.
  • 2 You understand and agree that Transactions between you and Account Holders on the Site are deemed to be private contractual arrangements between you and such Account Holder, and Choimart is not a party to, and does not represent the Account Holder or you in such transactions. The Company is only responsible for operating and managing the Site and making reasonable efforts in order to maintain efficient Services on the Site.
  • 3 The Company and the Site have no control over and do not guarantee the quality, safety or legality of Products advertised, the truth or accuracy of Account Holder’ content or listings, the ability of any Account Holder to sell or purchase Products or that any Transaction will be successfully completed.
  • 4 The Company and the Site does not transfer legal ownership of Products from a Seller to a Buyer. Unless a Buyer and Seller agrees otherwise, Buyer will become the Product’s lawful owner upon physical receipt of the Product from Seller.
  • 5 The Company cannot guarantee continuous or secured access to the Services, and operation of the Site may be interfered with by numerous factors outside of the Company’s control.
  • 6 If a you have a dispute with one or more Account Holder, you hereby release the Company, and our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature , known and unknown, arising out of or in any way connected with such disputes.
  • 7 Accordingly, to the extent that is legally permitted, the Company excludes all implied warranties, terms and conditions. The Company is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Site and Services.
  • 8 ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE SITE, OR FROM A LINKED SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR WHETHER IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS SITE; HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE TO THE MEMBERS CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS THE MEMBERS’ RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.

Clause 16 – Access and Interference

  • 1 The Site contains robot exclusion headers. Most of the information on the Site is updated on a real time basis and is proprietary or is licensed to the Company by Site’s Account Holder or third parties. You agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission from the Company.
  • 2 Additionally, you agree that you will not:
    1. (a) take any action that imposes or may impose, in the Company’s sole and absolute discretion, an unreasonable or disproportionately large load on the Site’s infrastructure;
    2. (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for your own information and reference, from the Site without the prior written permission of the Company;
    3. (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
    4. (d) bypass the Company robot exclusion headers or any other measures we may use to prevent or restrict access to the Site.

Clause 17 – General

  • 1 Governing Law. These Terms and Conditions shall be governed by the laws of Singapore. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions and/or the Seller Agreement and/or the Policies will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Singapore and governed by Singapore laws. The arbitrator shall be a person who is legally trained and who has experience in the information technology and e-commerce industry in Singapore and is independent of either party. Notwithstanding the foregoing, the Company reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
  • 2 Notices. Unless specified otherwise in these Term and Conditions or by the Company, any notice, request, demand or other communication to the Company under these Terms and Conditions shall be given or made in writing and delivered personally or sent by prepaid registered post to the following address:

JFY Enterprise Pte Ltd
63 Hillview Avenue #10-14A
Lam Soon Industrial Building
Singapore 669569

  • All notices to you shall be effective if either delivered personally, by courier, email or where applicable, on the Site. All agreements, notices and other communications that the Company sends to you electronically satisfies the legal requirement for communication to be in writing.
  • 3 No Assignment. The Company shall have the right to assign and/or novate the Terms and Conditions or any part of the same to any person or entity, by providing written notice to you which shall be posted on the Site, and you hereby irrevocably agree and consent to any such assignment and/or novation. You may not assign, in whole or part, any of these Terms and Conditions to any person or entity.
  • 4 Force Majeure. Neither party shall be liable for any failure to perform any of its obligations under these Terms and Conditions if the performance is prevented, hindered or delayed by strikes, industrial disputes, fire, floods, acts of any government, riots, war, national emergency, Act of God, impediment by government laws, rules, regulations or orders or other events of force majeure and in such case its obligations shall be suspended for so long as such event continues.
  • 5 Severability. If any provision of these Terms and Conditions and/or the Seller Agreement and/or the Policies is found to be illegal, void or unenforceable under the law, these Terms and Conditions shall continue in force save that such provision shall be deemed severed with effect from the date of such decision or such earlier date as Company may decide or the parties may agree, as the case may be.
  • 6 Waiver. A failure by the Company to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times

Clause 18 – Definitions

  • 1 In this Terms and Conditions, the Seller Agreement and the Policies, unless the context otherwise requires, the following words and expressions shall have the following meanings:
  •  

“Business Day”

means a day on which the banks are open for business in Singapore, and excludes weekends or public holidays;

“Buyer”

anyone purchases the Products through the Site, subject to the Terms and Conditions as herein contained;

“Buyer Grade”

means a rating or grade accorded to each Buyer, based on specific criteria and according to the Buyer’s use of the Services in making purchases on the Site, as more particularly described in Clause 11;

“Coupon”

means discount coupons which the Company may, at its sole discretion, issue to the selected/identified Members, entitling such Members to a discount of fixed amount or rate on the purchase of a Product on the Site, as more particularly described in Clause 10;

“Credits”

means electronic prepaid credits which a Member can use as a means of payment on the Site for full or part settlement of the purchase price of Products, as more particularly described in Clause 9;

“Intellectual Property Rights”

means all copyright and Intellectual Property Rights howsoever arising and in whatever media, whether or not registered, including (without limitation) confidential information, trade secrets, goodwill and reputation, patents, trademarks/service marks, trade names, registered designs and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world;

“Account Holder”

means a member of the Site, registered either as a Buyer or a Seller, who has agreed to be bound by the Terms and Conditions, and who is entitled to use the Site to purchase and/or sell Products to other Account Holder via the Site;

“Order”

means an offer to purchase a Product placed by a Buyer on the Site in accordance with these Terms and Conditions and the Policies, as further described in Clause 5.3 and Clause 5.4;

“Payment Protection Services”

means the escrow payment services developed by the Company to help create a safe and reliable environment for Account Holders to undertake e-commerce Transactions as further described in Article 6 of the Terms and Conditions;

“Points”

means points which an Account Holder may earn under the Company’s loyalty program, through any of the following means:

0.   (a) by purchasing selected Products on the Site;

1.   (b) by participating in selected Company’s promotions;

2.   (c) as an existing membership benefit depending upon the Member’s existing rating; or

3.   (d) upon any upgrade of the Member’s rating.

“Policies”

shall collectively refer to:

4.   (a) Privacy Policy;

5.   (b) Cancellation, Exchange, Returns and Refunds Policy; and

6.   (c) all other policies posted on the Site from time to time (for example, and not limited to, policies related to fraud actions, conducting off-Site transactions, feedback manipulations, and temporary or permanent suspensions of Members);

“Privacy Policy”

means the Company’s policy relating to the collection, use, disclosure and management of personal data on the Site;

“Products”

means a Seller’s products and/or services listed for sale on the Site;


“Services”

means services that are offered by the Company through the Site to the Account Holder and may include such services provided by third party service providers such as payment gateway services and logistics management services;

“Terms and Conditions”

means these terms and conditions governing the membership of the Site setting out, among others, eligibility requirements of Members, services available to Members under the Site, benefits which Members are entitled to and Members’ rights and obligations;

“Transaction”

means a sale and purchase transaction of the Products between a Buyer and a Seller which is conducted online via the Site.

“Site”

means the online market place owned and operated by the Company, and known as “Choimart”, being an e-commerce platform that enables Transactions between registered Members, having its domain at www.choimart.com
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