Terms & Conditions

Last updated on 3 October 2024

Please read the following terms and conditions of use (“Terms of Use”) of the platform named Foodie san carefully.

The Foodie san platform is operated by MX Caterers (Asia) Pte Ltd (“MXCA”, “we”, “our”). The Foodie san Membership Program is a cardless rewards program via the Foodie san mobile application (“Application”).

By downloading, accessing and/or using the Application and/or participating in the Foodie san Membership Program, you agree to be bound by the terms described herein and all terms incorporated by reference. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with MXCA or its affiliated companies for products, services or otherwise. If you are using the Application on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf and that such entity agrees to indemnify you and MXCA for violations of these Terms of Use. The Terms of Use contain disclaimers and other provisions that limit our liability to you. In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on other MXCA websites, these Terms of Use will govern in relation to the Foodie san Membership Program and the Application (collectively, “Foodie san”).

While we make reasonable efforts to provide accurate and timely information about Foodie san on the Application, you should not assume that the information is always up to date or that the Application contains all the relevant information available about Foodie san (including its latest offers and promotions).

MXCA reserves the right to change or modify these Terms of Use or any feature, policy or guideline of Foodie san, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Application or any notices issued by MXCA (including via emails, its social media platforms and/or websites etc.), and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of Foodie san will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of Foodie san. If you do not agree to the amended terms, you must stop using the Application and the Foodie san Membership Program.

  1. Conditions of Use

You can only use the Application and the Foodie san Membership Program for legal purposes and cannot use Foodie san to, in any way, infringe the intellectual property rights of any other person or invade the privacy of other users or acquire their identities or any other personal details, or damage any part of the Application, the materials and/or products provided in the Application. You have the responsibility to judge whether any of your actions will infringe the rights as described above. You shall not, in any way, change any materials or product provided in the Application and shall not interfere with the operation of the Application in any way, including but not limited to, transmitting software viruses or transmitting any computer code or message designed to shut down, interfere with or change the operation of the Application. You shall also not use the Application or other method to collect the details of other users. Without express permission from MXCA, the Application shall not be reproduced, modified, translated, copied, printed, sold or transferred. The Application shall be used by the users for purposes as intended by MXCA.

MXCA reserves the right to amend or withdraw Foodie san, charge for the Application and/or the Foodie san Membership Program and/or or service(s) provided to you in accordance with these Terms of Use, at any time and for any reason. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using Foodie san. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing Foodie san or any such third party charges as may arise. You accept responsibility for any such charges that arise.

  1. Personal Information Collection Statement

Please read the Privacy Policy Statement carefully to understand how MXCA collects, uses and discloses personally identifiable information from users of the Application and the Foodie san Membership Program.

When you register to be a member of the Foodie san Membership Program (“Member”) via the Application, you may have to provide MXCA your personal information (including but not limited to your name, date of birth, city/country, contact details and email address) (“Data”). You agree and confirm that such Data has been provided to MXCA voluntarily.

You acknowledge and agree that for the purpose of providing you certain services, MXCA may use or combine your Data with other information including but not limited to the location data and the International Mobile Equipment Identity number accessed in your mobile device. You hereby give your consent to MXCA to access such information and Data in your mobile device.

If the information (including any Data) provided by you is incomplete or incorrect, MXCA will be unable to register you or provide or continue to provide related service(s), or may not allow you to enter or may discontinue your use of the Application. You warrant to MXCA that all information provided to MXCA is correct, truthful, valid and complete. Otherwise, MXCA reserves the right, without notice, to cancel your registration and qualification and/or refuse to allow you to use Foodie san and/or its service(s) at the present time or in the future.

If you opt-out or unsubscribe to the receiving of advertising, marketing and promotional communications from us, MXCA may still send you non-promotional communications such as emails about your Member account or membership matters.

  1. Membership Registration, Management and Responsibilities

When registering to be a Member, you need to provide your mobile number and create a password (“User Information”). You must keep your User Information confidential. You are solely responsible for the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application, whether authorized or unauthorized. You agree to immediately notify MXCA of any unauthorized transactions associated with Foodie san or any other breach of security. MXCA shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.

If you breach any of these Terms of Use, or if MXCA suspects that you breach any of these Terms of Use, or MXCA believes that your action(s) have violated applicable laws or damaged the interests and/or reputation of MXCA, its affiliates or other users, or MXCA determines, in its sole discretion, that your use of Foodie san is unauthorized, deceptive, fraudulent, unethical, or otherwise unlawful, MXCA reserves the absolute right to without notice to you suspend and/or revoke your Member account, withdraw your membership registration and qualifications, or suspend/terminate your access to the Application, the Foodie san Membership Program, or use its service, and take such other legal action against you as we deem fit. MXCA may, in its sole discretion, combine Member accounts that appear to be duplicative. In the event that your participation in Foodie san is terminated, all accrued rewards (including stamps, coupons etc.) in your account shall be void.

You may request to delete your Member account at any time via the account deletion process provided for on the Application. Please note that (a) all account deletion requests are final and irreversible once processed; (b) upon deletion of your Member account, all information and benefits associated with your deleted account will not be accessible or recoverable, including your account history and reward benefits (including stamps, coupons etc.) and (c) you will not be able to sign up for a Member account again using the same mobile number in the next 6 months.

  1. Foodie San Member Account

The Member account and its services provided in the Application are only for the use of the individual member. Membership and access rights shall not be transferred or assigned. You may be asked to provide satisfactory evidence to MXCA for verification purposes. MXCA reserves the right to suspend the Foodie san Membership Program or any parts of the program for repairs, maintenance, upgrades or any other work(s) as MXCA deems appropriate without any prior notice.

  1. Promotional Activities

MXCA may periodically carry out promotional activities in connection with Foodie san on such terms and conditions as it deems fit. If the promotional activity involves winning or accumulating points, stamps or other rewards, MXCA will be the final arbitrator of the rewards, total number of points / stamps etc. awarded according to its records etc. and you shall not dispute such decision.

You acknowledge and agree that the rewards, points, stamps etc. can only be redeemed for relevant products and quantities at designated stores in Singapore, and are subject to other specific terms and conditions.

Please refer to the FAQ for the specific promotions and/or Member privileges.

In general, the expiry dates indicated in the FAQs or the relevant vouchers/points/ stamps are fixed and non-extendable otherwise stated otherwise at MXCA’s sole discretion.

  1. Underage Persons

The Application and the Foodie san Membership Program may only be used by individuals aged eighteen (18) years or older. If you are thirteen (13) years or older but under the age of eighteen (18) years, you should review these Terms of Use with your parent or guardian to make sure you and you parent or guardian understand and agree to these Terms of Use. Should the parent or guardian not agree to these Terms of Use, you must immediately uninstall the Application and discontinue its use.

MXCA assumes that all users of the Application and members of the Foodie san Membership Program are of legal age.

  1. Use of Materials

The contents of the Application and the Foodie san Membership Program, including texts, diagrams, images, music, symbols, graphic buttons, links, HTML codes, trade marks, software and other materials and all the materials on Foodie san (including the collection, arrangement and compilation of such materials) (“Materials”) are protected by copyright laws, trade mark laws, intellectual property right laws and other applicable laws. All Materials are the exclusive property of MXCA, its affiliated company(ies), or its respective licensor(s) (as the case may be). Unauthorised use of any Materials is an infringing act under the copyright laws, the trade mark laws, intellectual property right laws or other applicable laws. Without any prior written permission from MXCA, you shall not sell or modify the Materials, reverse engineer, copy, reproduce, re-issue, upload, download, publish, transmit, display, publicly implement, issue the Materials in any way, store the Materials in the retrieval system or use it in any other way.

  1. No Warranties

MXCA IS PROVIDING FOODIE SAN TO YOU “AS IS” AND YOU ARE USING THE APPLICATION AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, MXCA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, OR OTHERWISE, INCLUDING ANY WARRANTIES THAT THE APPLICATION AND FOODIE SAN ARE MERCHANTABLE, OR RELIABLE, OR ACCURATE, OR FIT FOR A PARTICULAR PURPOSE OR NEED, OR OF SATISFACTORY QUALITY, OR NON-INFRINGING OR FREE OF DEFECTS, VIRUSES OR ERRORS, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF FOODIE SAN BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU, OR THAT USER INFORMATION OR DATA TRANSMITTED IN CONNECTION WITH FOODIE SAN WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED OR RECEIVED.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MXCA AND ITS AFFILIATED COMPANIES (INCLUDING THEIR EMPLOYEES, OFFICERS DIRECTORS, CONTRACTORS, SERVICE PROVIDERS, ADVISORS AND CONSULTANTS): (A) BE LIABLE TO YOU WITH RESPECT TO THE USE OF OR INABILITY TO USE THE APPLICATION AND/OR THE FOODIE SAN MEMBERSHIP PROGRAM, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE FOODIE SAN (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM MXCA AND ITS AFFILIATES; AND (B) BE LIABLE TO YOU FOR ANY DIRECT LOSSES, DAMAGES FOR LOSS OF GOODWILL, LOSS OF INCOME, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE FOODIE SAN OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION, INDIRECT LOSSES, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES.

  1. Indemnification

You agree to defend, indemnify and hold harmless MXCA and its affiliates and independent contractors, service providers and consultants, and their respective officers, directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of Foodie san; (b) your violation of these Terms of Use; (c) your violation of any rights of another; or (d) your conduct in connection with the Application and/or the Foodie san Membership Program.

  1. Interpretation of Agreement

Clause headings and examples are provided for reference purposes only to assist in understanding these Terms of Use. They are not intended to define, or limit the scope or extent of any clause.

  1. No Waiver

MXCA’s failure or delay in exercising any right or power under the Terms of Use shall not in any circumstances impair any right or power nor operate as a waiver of it.

  1. Assignment

MXCA may assign its rights and obligations herein. You shall not assign your rights and obligations. These Terms of Use do not create any right under the Contracts (Rights of Third Parties) Act 2001, and is not enforceable and not intended to be enforceable by any person who is not a party to it.

  1. Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

  1. Applicable Law

Access to and use of the Application and the Foodie san Membership Program and these Terms of Use are governed by the laws of Singapore, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, Foodie san or these Terms of Use shall be instituted only in the courts of Singapore. You and MXCA expressly agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

  1. Contact

If you wish to contact MXCA for matters regarding the Application, the Foodie san Membership Program or these Terms of Use, please send your written request to the following address:

Email: membership@mxcaterers.com.sg

Address: MX Caterers (Asia) Pte Ltd
300 Beach Road #03-01/02
The Concourse
Singapore 199555