Hawker Grain
81 Neil Road, Tanjong Pagar
Singapore 088902
Email: [email protected] | Phone: +65 6224 8371
Terms and Conditions
Last updated: December 6, 2024
These Terms and Conditions constitute a legally binding agreement between you and Hawker Grain. By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.
If you do not agree with any provision of these Terms and Conditions, you must discontinue use of our website and services immediately.
1. User Obligations and Conduct
1.1 User Conduct Requirements
As a user of our website and services, you agree to conduct yourself in a professional and lawful manner. You must:
- 1. Provide truthful, accurate, and complete information in all communications
- 2. Act in good faith when making inquiries or engaging our services
- 3. Comply with all applicable local, national, and international laws
- 4. Respect our intellectual property rights and those of third parties
- 5. Use our services only for legitimate business purposes
- 6. Maintain confidentiality of sensitive information shared during service delivery
1.2 Prohibited Activities and Behaviors
The following activities are strictly prohibited when using our website or services:
- 1. Engaging in fraudulent, deceptive, or misleading conduct
- 2. Attempting unauthorized access to our systems, networks, or data
- 3. Transmitting viruses, malware, or other harmful code
- 4. Interfering with the proper functioning of our website or services
- 5. Harvesting or collecting user data without authorization
- 6. Impersonating others or misrepresenting your identity or affiliation
- 7. Using automated systems to access our services without permission
- 8. Circumventing security measures or access restrictions
1.3 Content Guidelines and Restrictions
Any content you submit through our website must comply with the following guidelines:
- • Must not contain defamatory, offensive, or inappropriate material
- • Must not infringe intellectual property rights of any party
- • Must not contain confidential information of third parties without authorization
- • Must be relevant to legitimate business inquiries or service requests
1.4 Age Restrictions and Requirements
Our services are intended for business professionals and are not directed at individuals under 18 years of age. By using our website and services, you represent that you are at least 18 years old or have reached the age of majority in your jurisdiction. If you are accessing our services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms and Conditions.
2. User Responsibilities
2.1 Compliance with Laws and Regulations
You are solely responsible for ensuring that your use of our services complies with all applicable laws and regulations in your jurisdiction. This includes but is not limited to import/export regulations, food safety standards, business licensing requirements, and tax obligations. We provide services based on Singapore regulations and standards; you must verify compliance requirements in your own location.
2.2 Indemnification Obligations
You agree to indemnify, defend, and hold harmless Hawker Grain, its directors, officers, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses arising from your use of our services, violation of these Terms and Conditions, infringement of third-party rights, or any unlawful conduct. This indemnification obligation survives termination of your use of our services.
2.3 Privacy and Data Protection
You acknowledge that you have read and understood our Privacy Policy. You are responsible for ensuring that any personal data you provide belongs to you or that you have appropriate authorization to share it. When engaging our services, you may need to provide business information about your organization; you represent that you have authority to share such information and that it does not violate any confidentiality obligations.
2.4 Third-Party Interactions
Our services may involve coordination with suppliers, logistics providers, or other third parties. While we maintain professional relationships with these entities, we are not responsible for their independent actions or failures. You acknowledge that certain aspects of service delivery depend on third-party performance. Any disputes with third parties must be resolved directly with them, though we will provide reasonable assistance when appropriate.
3. Disclaimers and Limitations of Liability
3.1 Disclaimer of Warranties
Our website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to:
- • Warranties of merchantability or fitness for a particular purpose
- • Warranties of non-infringement or title
- • Warranties regarding accuracy, reliability, or completeness of information
- • Warranties of uninterrupted or error-free operation
We do not guarantee specific outcomes or results from our services. Coffee sourcing, café development, and quality testing involve numerous variables beyond our control, and success depends on market conditions, execution, and other factors.
3.2 Limitation of Liability
To the maximum extent permitted by applicable law, Hawker Grain shall not be liable for:
- 1. Any indirect, incidental, special, consequential, or punitive damages
- 2. Loss of profits, revenue, data, or business opportunities
- 3. Business interruption or loss of goodwill
- 4. Damages arising from third-party actions or failures
- 5. Damages exceeding the fees paid for services in the preceding 12 months
These limitations apply regardless of the legal theory on which claims are based and even if we have been advised of the possibility of such damages.
3.3 Exclusion of Consequential Damages
Under no circumstances shall we be liable for any consequential, indirect, or secondary damages resulting from service delays, quality variations, market changes, or other factors inherent in international coffee trade and business development. You acknowledge that coffee businesses involve inherent risks and that our services provide professional assistance but cannot guarantee commercial success.
3.4 Force Majeure Provisions
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, labor disputes, supplier failures, transportation disruptions, or other force majeure events. During such events, our obligations will be suspended for the duration of the event, and we will make reasonable efforts to minimize disruption to service delivery.
4. Legal Information and Dispute Resolution
4.1 Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore, without regard to conflict of law principles. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Singapore. By using our services, you consent to the jurisdiction and venue of such courts.
4.2 Dispute Resolution Procedures
Before initiating formal legal proceedings, we encourage parties to attempt resolution through good-faith negotiation. If you have a complaint or dispute, please contact us in writing with a detailed description of the issue. We will make reasonable efforts to resolve disputes amicably within 30 days. If negotiation fails, disputes may be submitted to mediation or arbitration as agreed between parties, or pursued through Singapore courts.
4.3 Severability Clause
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.
4.4 Terms Modification Policy
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website with an updated "Last updated" date. Your continued use of our website or services after changes are posted constitutes acceptance of the modified terms. We recommend reviewing these terms periodically. For material changes affecting active service agreements, we will provide reasonable notice.
4.5 Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Hawker Grain regarding use of our website and services. These terms supersede all prior or contemporaneous communications and proposals, whether oral or written. No waiver of any provision shall constitute a waiver of any other provision or subsequent waiver of the same provision.
5. Contact Information
For questions regarding these Terms and Conditions, please contact us:
Hawker Grain
81 Neil Road, Tanjong Pagar
Singapore 088902
Email: [email protected]
Phone: +65 6224 8371