Introduction

These Terms and Conditions apply to any orders and purchases made on SHC Live Facebook Page. Max Musk Pte. Ltd. reserves the right to amend/update this Terms and Conditions at its sole discretion without notice to the Customer. We at Max Musk Pte. Ltd. (“ Max Musk” “we,” “us,” “our”) know that our customers (“you,” “your”) care about how your personal information is gathered, used and shared, and we take your privacy very seriously. Please read this Security & Privacy Policy (“Policy”) to understand how Max Musk Pte Ltd may gather, use and disclose your personal data, whether through the SHC Live, or otherwise in the course of our normal business operations.

Personal Data Protection Act

2.1 Consent

By accessing the Site you are to provide your personal data to Max Musk, you hereby acknowledge that you have read this Policy and that you are giving permission to the collection, usage and disclosure of your personal data by Max Musk in accordance with this Policy. If you do not agree to the terms of this Policy, please do not access the Site or provide your personal data to Max Musk. Max Musk does not knowingly collect or solicit personal data from those below the age of 18, or knowingly allow such persons to register an account with Max Musk (“Account”). If you are under 18, please do not use the Site, or attempt to register an Account or send any personal data about yourself to us. Max Musk collects personal data that you voluntarily provide to us, whether through the Site, or other platforms or channels (such as through email, telephone and other forms of communication). At various places on the Site or in the course of obtaining the services provided by Max Musk, you are to provide certain personal data such as your full name, email address, address, country of residence, telephone number and other personal information, in order to access or use certain features or services of the Site or to otherwise obtain our services. For example, personal data may be collected when you register an Account, make a purchase, enter a contest, promotion or survey, fill up a form, provide comments, suggestions or feedback, or when you contact our customer service or helpdesk via email, phone or other channels. You can always choose not to provide your personal data, but you may not be able to access or use certain features or services of the Site, or to obtain certain services from us.

2.2 Usage of your data

Max Musk collects personal data in order to provide our products and services to you, and to customize and improve our services and your customer experience with Max Musk. Personal data collected by Max Musk may be used:

To process, record, monitor and fulfil your orders and deliveries;
To plan and schedule routes for deliveries;
To authenticate and process your personal particulars and payment;
To communicate with you, including to confirm and update you on the status of your orders and deliveries, and reply to your queries and requirements;
To improve our products or services;
To communicate to you of promotions, offers, surveys, events, products and services, which may be of your interest;
To conduct market research, user profile and statistical analysis;
To update and back-up our records;
To decrease credit risk, detect and protect us against error, fraud and other criminal activity;
To comply with law, the requests of law enforcement and regulatory officials, or orders of court;
To enforce our legal rights and remedies; or
For such other purposes notified to you on or before collection or use of the data.

2.3 Data Disclosure

Your personal data is safe with us. We do not trade or sell your personal data to any third party. Your personal data will never be disclosed by Max Musk to any third party, but not limited to:

Administering and maintaining your account with us, including administering any benefits and entitlements;
Engaging third party service providers to perform certain aspects of the services offered by Max Musk Pte Ltd
Unless you inform us that you do not wish to obtain such information, sending you information from time to time through e-mail and post about products and services, promotions and special offers, upcoming events and other information which may be of interest to you;
Notifying you about important changes to the membership program;
Responding to enquiries or feedback from you;
Enforcing these Terms and Conditions and our legal rights and remedies; and
For such other purposes as permitted by applicable law or with your consent.
Collaboration with other third parties to organise joint marketing and promotional campaigns, offers or contests, and may require disclosure of your information to such third parties.

Max Musk will ensure receivers of your personal data are legally bound to provide a standard of protection for your personal data comparable to the protection afforded under the Personal Data Protection Act 2012 No. 26 of 2012.

2.4 Data Security

As your Account is secured by a password for your confidentiality and security, we ask that you take caution to protect against illegal access or use of your Account. You are liable for any loss, theft and compromise of your password and Account Information, and any activity on your Account that takes
place through unauthorised password use.

Max Musk does not warrant or guarantee in any way that your personal information or private communications will permanently remain private and/or safe. Max Musk hereby disclaims any accountability or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorised access, collection, use, disclosure, copying, modification, disposal or similar actions with regard to any personal data held or maintained by us, except to the extent caused by our fault or negligence.

Termination And Deleting Account

You may submit a request for deletion of your account by informing admin via FB messenger or telegram. Do note that some information may remain in our private records after deletion of your account. If you do not wish to accept email or other communications from us, you may wish to unsubscribe from our mailing list by using the unsubscribe facility that may be provided with such email or communication, to unsubscribe. If you violate any of these Terms and Conditions, your permission to use the Website may be suspended or revoked, and we reserve the right to suspend or terminate your access to, and use of, the Website at any time.

Intellectual Property

You agree that the Max Musk website contains information, data, software, photographs, graphics, typefaces, music, sounds and other material (collectively) that are safeguarded by copyrights, trademarks, database and other intellectual property rights owned by us or our suppliers. You are not to modify, reproduce, copy or distribute any of the content on Max Musk for commercial or personal purposes without our prior consent.

Pricing And Product Information

Whilst every effort is made to fulfil orders in terms of price, details and size through the SHC Live Facebook Page operated by Max Musk Pte Ltd expressly reserves the right to vary the price and other details of the products without notice. As much as Max Musk tries to reflect the actual product size, details and price, Max Musk is not liable for the situation when they differ from the actual product.

Max Musk has made every effort to display the colours of our products that appear on the website as accurately as possible. However, as the actual colours you see will depend on your monitor screen settings, we cannot guarantee that your monitor display of any colour will be accurate.

Order Confirmation

Customers will receive an order confirmation upon successful bidding. If you do not receive the confirmation email, you may message our Facebook Page.

Order Cancellation

Customers would not be able to change or cancel the order any time after payment has been made.

Refund Policy

All food products are deemed perishable and could be temperature sensitive. Max Musk upholds our product handling processes very strictly and items purchased cannot be exchanged, returned or refunded unless the item has been delivered in a damaged condition and rejected upon delivery. Damaged products will be replaced once our customer service team is able to confirm the next delivery to your zone.

Promotions, promo codes and other privileges

Promotions are only valid for the time period specified by Max Musk and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock. The following term shall apply to the use of promo codes:

9.1 Each promotional code is only eligible for a single-use and is only valid for the time period specified by Max Musk.

9.2 Use of any promo code must be indicated at the time of checkout, and all information required by Max Musk must be provided. No retroactive use of the promo code is permitted.

9.3 A minimum spend may be required before use of the promo code is permitted.

9.4 Max Musk’s decision on all matters relating to promotions, discounts, promo codes and other privileges is final and binding.

9.5 Max Musk reserves the right to discontinue any promotions, discounts, promo code programmes and privileges at any time without notice or liability.

Right To Amend Policy

Max Musk reserves the right to amend the prevailing Security & Privacy Policy at any time and will place any such amendments on this Site. This Policy is governed by and shall be construed in accordance with Singapore law including without limitation the provisions of the Evidence Act (Chapter 97), Electronic Transactions Act (Cap. 88) and the PDPA, without giving effect to any principles of conflicts of law. You agree to submit to the non-exclusive jurisdiction of the Singapore courts.

Disclaimers And Limitations

While we make every effort to ensure that the Site, App, Services and all Content is accurate and complete, we provide the Site, App, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Max Musk Pte Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Max Musk does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, quality, suitable, available, accurate, uninterrupted, error-free, or without omission, that defects will be corrected, or that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device. Max Musk does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the App in terms of their correctness, accuracy, completeness, reliability or otherwise. The Site, App, and Service are provided to you strictly on ‘as is’ basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including or otherwise, including, without limitation, any limitation, any implied warranty or merchantability, fitness, for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by guaranty as to the reliability, safely, timeliness, quality, suitability or availability of any services, products, or goods obtained by third parties through the use of the services or Site, App, or Services. Your use of the Site, App, or Services and any third party services or products remain solely with you to the maximum extent permitted by law.

You agree that:

Max Musk shall be entitled at any time, at its sole and absolute discretion and without prior notice to add, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, App or Services without assigning any reason; and access to or operation of the site, the App, and/ or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors;
SHC Live FB Page and Service may be subjected to limitations, delays and other problems inherently and in any such event, Max Musk shall not be liable for any loss, liability or damage, which may be incurred as a result. In no event shall Max Musk be liable to you for any damages, losses, expenses, liabilities under any cause of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, the App, Content or any other website or device. In the event that Max Musk is liable for damages despite the foregoing provision, you agree that Max Musk' aggregate liability to you for any and all causes of action in relation to any order, sale or delivery of any product by Max Musk under these Terms of Use shall not exceed the price of the product giving rise to such claims and in all other cases (including any use of the Site, App, or Services), shall not exceed S$1. In no event shall Max Musk be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site, App or Content, or your use of, or the inability to use, the Services, Site, App, Content or any other website or device, even if Max Musk or Max Musk authorised representative(s) has been advised of, or should have foreseen, the possibility of such damages.

You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by Max Musk at either reasonable costs or no cost to you.

Suspension And Termination

You agree that Max Musk has the right in its sole and absolute discretion and without notice or liability to:

Restrict, suspend, or terminate your access to all or any part of the Site, App, or Services; and/or
Terminate, deactivate or suspend your account, delete your account, and all related information and file in your account without assigning any reason.

Notification Of Infringement

Max Musk reserves the right to investigate the notices of copyright, trademark and other intellectual property infringement (‘Infringement”) in respect of the Site, App, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, App, or Services, please notify Max Musk Pte Ltd in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”) All infringement notices shall be sent to Max Musk Pte Ltd addressed as follows:

Max Musk Pte Ltd
35 FISHERY PORT ROAD
#03-228
NEW FISH MERCHANT BUILDING
SINGAPORE (619742)
Attention: Customer Service Team

Max Musk Pte Ltd will duly consider all Infringement Notices submitted in the manner described above. You agree that you shall not take any legal action or exercise any legal remedy you may have against Max Musk Pte Ltd in respect of any alleged infringing material unless you have first submitted a valid Infringement Notice to Max Musk Pte Ltd and provided reasonable opportunity for the removal of the infringing material, and thereafter Max Musk Pte Ltd fails or refuses to remove the infringing material within a reasonable time.

Where Max Musk Pte Ltd removes the infringing material in response to your Infringement Notice, you agree not to exercise, and you hereby waive any right of action under applicable law in respect of any infringing material that appeared on the Site prior to its removal.

You acknowledge and agree that Max Musk Pte Ltd has no control over, and cannot accept responsibility or liability for, any infringing material appearing on Linked Sites or other third-party platforms.

Governing Law And Jurisdiction

These Terms of Use and all matters relating to your access to, or use of, the Site, App and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronics Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

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