1. General Description
These Terms and Conditions (“Agreement”), is an agreement between you and SecondMunch PTE LTD, a Singapore company (“SecondMunch”), which guides your use of and access to the Service (as defined below) and the Website (as defined below).
If you do not want to be bound by this Agreement, please do not access or use the Service and/or Website. SecondMunch may terminate, without notice, your access to the Service and/or Website for failure to comply with this Agreement. SecondMunch reserves the right to amend this Agreement by changing them on this page, without prior consent or notification.
By using the Service and/or on the Website, you accept this Agreement and agree to be bound by each of its terms.
To the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity
1.2 What SecondMunch offers
The SecondMunch service is a sales channel, where merchants offer take away food items to members of the bot. In these terms of SecondMunch service, the term “merchants” refers to cafes and bakeries, but may also refer to other food providers operating in e.g. the grocery, hotels, or restaurant sectors. The aim of this service is to notify users of food deals, and provide users the opportunity to purchase and pick-up food from merchants and other providers that would otherwise go to waste, at a discount.
The purpose of this Agreement is to explain the terms and conditions under which SecondMunch will let you use the Service through your devices and/or use the Website (collectively, the “Purpose“).
As also mentioned in other parts of this Agreement, SecondMunch does not have any control over any merchants or third parties, and is therefore not responsible or liable for any actions taken or supposed to be taken by any such third party.
3. The SecondMunch Service
To use the ordering service and the features made available through the Service, you are required to join the Chatbot on Telegram, “SecondMunch”.
When you use the service, you are giving access to use SecondMunch’s software platform made available through SecondMunch’s Chatbot (“Service”) and/or its website located at https://secondmunchsg.wixsite.com (the ” Website”) during the Term (as defined below) solely for the Purpose.
Joining the Chatbot allows you to see food available for discount and your current order. By placing an order, you will provide information which includes but is not limited to, your username, contact information and payment information.
3.2 Supply of food items
SecondMunch works with local merchants to provide you the opportunity to purchase and pick up food that would otherwise go to waste. The supply of food items depends on each merchant’s daily business, and it is hence not guaranteed that food will be available at all times.
3.3 Information about the food items
Through the Service, a description of the food item is provided, so that you as a customer will get information about the price discount etc. The SecondMunch service is neither the provider nor the producer of the food items listed in the service, and is not responsible for the information given about each food item. The provider of the food items is responsible for all the information regarding the food item. SecondMunch will direct you to the merchant should you have any questions regarding any food item.
3.4 Order and order confirmation
As a member of the SecondMunch Chatbot, you can place an order for a food item through the Service. After placing the order, you will get an order confirmation via the user interface of the Service.
3.5 Payment of the order
Customers will pay for the ordered food items through the Service. If an order hasn’t been paid for through the Service, it will not be considered a complete order. All food items are sold on a first come first serve basis, and SecondMunch cannot guarantee that you will get the food item you started ordering, but not completed.
SecondMunch may use a payment service provided by a third-party to handle payment and will automatically charge your chosen account at the time of your order. You have no right to cancel or change a placed order when using the Service. The restriction of the right to cancel a made order is based on the nature of food, which is perishable.
3.6 Picking up of order, redemption and delivery
Once you arrive at the merchant's location, you have to show the merchant the order confirmation in the Service to receive your order. The merchant has also the ability to confirm your order in the merchant service by identifying your username and/or contact information.
You shall always collect the food item(s) ordered from the merchant’s premises during the time frame provided by the merchant. If you do not collect your order during the given time frame, the merchant then has the right to do as they see fit with the ordered food item. You will not receive a refund for ordered food items that have not been collected on time, unless stated otherwise by the merchant.
3.7 Reclamations and service disruptions
SecondMunch is not the provider or the producer of the food items listed in the service, and is hence not responsible for the quality of the food items ordered through the service, or mistakes that may occur during the pickup of an order. The merchant is responsible for all user reclamations concerning the food item(s). SecondMunch directs all reclamations to the merchant.
Merchants that are affiliated to SecondMunch are committed to preparing food items offered through the service in compliance with the legislation concerning the handling, storing and transportation of food.
3.8 Customer support
Please contact us at firstname.lastname@example.org for any queries.
4. Conditions of Use
4.1 Responsibilities and Restrictions
It is your responsibility to make sure that all information provided by you to SecondMunch is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information going forward.
While SecondMunch does its best to keep the Service and the Website safe and secure, we need your help to do it by not violating or attempting to violate the security of the Service or the Website.
Except as expressly permitted under other parts of this Agreement, you may not modify, reproduce, duplicate, copy, publish or create derivative works of any portion of the Website or the Service, which includes but is not limited to any content, photographs, descriptions, software, information or materials which includes graphics and logos, presentations, in whole or in part.
Furthermore, you may not use the Website or Service for any purpose that: invades any person’s or entity’s privacy or other rights; misidentifies or impersonates any person or entity; could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
4.3 SecondMunch rights
SecondMunch has the right to at any time suspend a user or terminate the user’s access to the Service and Website if the user violates this Agreement or uses the Service and/or Website in a way that is harmful to SecondMunch or any third party.
5.1 Third party content
The Service and Website contain and/or provide access to content provided by merchants and other third parties, including, food item information, pricing, discount information, menus, photographs, graphics and merchant information (“Third Party Content”).
5.2 Information accuracy
The third party that any Third Party Content originates from is solely responsible for it, and SecondMunch cannot guarantee the correctness of any Third Party Content or accuracy of any offers posted via the Service and the Website.
In no instances shall SecondMunch be liable for any damages arising out of your use of the Service and/or the Website, or for any loss or damage of any kind incurred as a result of any Third Party Content or offers.
SecondMunch cannot guarantee that the Service and the Website, including the Content, will be uninterrupted or error free, and will not be held responsible if the Service and/or the Website is down or if any Content, information or functionality does not work as expected.
5.3 Intellectual property
For the purpose of clarity between you and SecondMunch, you are the sole owner of all information and content entered into the Service or the Website or otherwise posted by you. SecondMunch is the sole owner of the name “SecondMunch”, as well as the Website, the Service, and all source code, software, content and other intellectual property related to it or included in it.
All suggestions and recommendations from you to SecondMunch regarding the Service or the Website are, upon submission to SecondMunch, owned by SecondMunch.
5.4 Copyright infringement
You may not use the Website, Service, the Content or any other materials from the Website or Service in any manner that may infringe upon any copyright or other intellectual property right of SecondMunch or any third party.
6.1 Force Majeure
SecondMunch shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
6.2 Termination of service
SecondMunch reserves the right to modify, suspend, or discontinue the Service and the Website without any notice at any time and without any liability to you.
6.3 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Singapore.
All disputes arising hereunder or in connection with this Agreement, the Website and/or the Service shall be resolved by the laws and courts of Singapore. Such disputes or claims can first be referred for mediation at the Singapore Mediation Centre (SMC).
SecondMunch has the right to transfer its rights and obligations under this Agreement, and/or hire subcontractors for the fulfillment of its obligations.
If any part of this Agreement is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force.
Thank you for taking the time to read our Terms of Service for Users.