1.3 TOM is a technology company which provides a platform for users to obtain services provided by Logistic Providers, Chefs and Suppliers. TOM’s role is merely to link the user with such Logistic Providers, Chefs and Suppliers. TOM is not responsible for the acts and/or omissions of any Logistic Providers, Chefs and Suppliers and any liability in relation to such services shall be borne by the Logistic Providers, Chefs and Suppliers. Logistic Providers, Chefs and Suppliers shall not represent to be an agent, employee or staff of TOM and the solutions provided by Logistic Providers, Chefs and Suppliers shall not be deemed to be provided by TOM.
2.1“TOM App” means The Oven Market mobile application that links you to Chefs, Logistic Providers and Suppliers.
2.2 “End User” means any person or entity that has made a request for any service using TOM’s platform;
2.3 “TOM” or “We” or “we” or “Us” or “us” means for Chefs, End Users and Logistic Providers;
2.4 “TOM Policies” means the following:
2.4.2 the TOM Driver / Delivery Partner Code of Conduct or the TOM Customer Code of Conduct, as may be applicable; and
2.4.3 all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time.
2.5 “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
2.6 “Platform” means the relevant TOM technology platform, portal or website that, when used in conjunction with the TOM App, enables End Users to request or access Solutions;
2.8 “Service” means the linking of End Users to Logistics Providers, Chefs and Suppliers through the TOM App, Platform and/or Software;
2.9 “Software” means any software associated with the TOM App which is supplied made available for download and installation by TOM;
2.10 “Solutions” means the following transportation, logistics, and/or rental services which are made available to End Users through the TOM delivery service;
2.11 “Logistic Provider” means third party logistic service provider appointed by TOM to deliver food orders supplied by Chef to End Users;
2.12 “Online Payment Provider” means the online payment platform which allows for payments to be made electronically via the TOM App;
2.13 “Chef” means a party that supplies food and beverages to TOM.
3. Representations, Warranties and Undertaking
3.1 By using the Service, End User represent, warrant / undertake that:
3.1.1 End User have legal capacity to enter into the Agreement and that End User is at least twenty-one (21) years old. End User cannot enter into the Agreement if End User is below twenty-one (21) years old; All the information which End User provide shall be true and accurate;
3.1.2 End User will only use the TOM App, Platform and Service for their intended and lawful purposes;
3.1.3 End User will keep your account password or any identification we provide which allows access to the Service secure and confidential. If End User share the account password or any identification (including without limitation authentication code) with or otherwise disclose them to any third parties such as your partners or employees, you agree that the third parties shall have the authority to act on your behalf (including without limitation indicate acceptance to any additional terms as TOM may make available to End User whether via TOM App or otherwise);
3.1.4 End User agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.5 End User will not try to interrupt or harm the Service, TOM App and/or the Software in any way;
3.1.6 End User will not attempt to commercially exploit any part of TOM App without our permission, including without limitation modify any of TOM App’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
3.1.7 End User shall not impair or circumvent the proper operation of the network which the Service operates on;
3.1.8 End User will not authorize others to use your identity or user status, and End User may not assign or otherwise transfer your user account to any other person or entity;
3.1.9 End User will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
3.1.10 End User will not use the TOM App for sending or storing any unlawful material or for fraudulent purposes;
3.1.11 End User will not use TOM App and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards TOM or any third party; 3.1.12 When using the Service, End User agree to comply with all laws applicable to End User and/or your use of the Service;
3.1.13 End User will not copy, or distribute the Software or other content without written permission from TOM;
3.1.14 End User will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. End User agree that TOM may rely on your information as accurate, current and complete. End User acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, TOM has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.15 End User will only use an access point or data account which you are authorized to use;
3.1.16 End User agree that the Service is provided on a reasonable effort basis;
3.1.18 End User agree to assist TOM with any internal or external investigations as may be required by TOM in complying with any prevailing laws or regulations in place;
3.1.19 End User agree to assume full responsibility and liability for all loss or damage suffered by yourself, TOM or any other party as a result of your breach of this Agreement; and
3.1.20 End User will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud TOM or to disrupt the natural functions of TOM App.
3.2 If you are End User, you further represent, warrant / undertake that:
3.2.1 Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;
3.2.2 You will not use TOM App, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
3.2.3 You shall not contact the Logistic Provider for purposes other than the Service;
3.2.4 You shall not intentionally or unintentionally cause or attempt to cause damage to the Logistic Provider or the Vehicle;
3.2.5 Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on TOM App or Platform except for your personal, non-commercial use;
3.2.6 Where applicable, you will not copy any content displayed through TOM App or Platform, including any third-party product content and reviews, for republication in any format or media;
3.2.7 You acknowledge and agree that only one (1) account can be registered on one device;
3.2.8 You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
3.2.9 You agree that TOM may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
4. Compatibility Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with TOM App. While we continuously develop TOM App in order to, as far as possible, support all commonly used devices and models in markets and all browsers where TOM App is likely to be accessed from, we do not warrant compatibility of TOM App with specific mobile devices or other hardware.
5. License Grant and Restrictions
5.1 TOM and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access TOM App and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by TOM and its licensors.
5.2 You shall not:
5.2.1 license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party TOM App and/or the Software in any way;
5.2.2 modify or make derivative works based on TOM App and/or the Software;
5.2.3 “mirror” TOM App / Software on any other server or wireless or internet-based device;
5.2.4 except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this TOM App or any software or services made available on or through TOM App;
5.2.5 use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of TOM App; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of TOM App or its content;
5.2.6 post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights
5.2.7 remove any copyright, trademark or other proprietary rights notices contained on TOM App or Platform; or
5.2.8 use TOM App to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of TOM App or the data contained therein; (e) attempt to gain unauthorized access to TOM App or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
6.1.1 The End User has the option to select from 2 payment methods: cash on delivery or by credit/debit card upon placing an order through the TOM App.
6.1.2 If End User choose to make payment by Card, End User will need to register a valid Card which belongs to you in accordance with the instructions in TOM App.
6.1.3 End User agree that TOM may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
6.1.4 In the event your payment by your Card is processed overseas, End User will be liable for any additional charges in relation thereto.
6.1.5 If the tipping feature is available, End User may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the Online Payment Method after the Solution has been provided and given to the Logistic Provider unless End User choose to change the amount or remove the tip.
6.1.6 TOM may suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where TOM reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where TOM reasonably believes you to be in breach of this Agreement.
6.1.7 End User agree that they will cooperate in relation to any financial crime screening that is required and to assist TOM in complying with any prevailing laws or regulations in place.
6.1.8 End User shall be responsible to resolve any disputes with your Card company on your own.
7.1.1 If you decide to cancel your order you may be charged a full order value for the Cancellation if the Chef has started preparing the food.
7.1.2 If you feel you were incorrectly charged a Cancellation Fee, you may contact TOM via Help Centre for assistance. TOM reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey.
8.1 The End Users may be allowed to rate the Chef after getting the order.
8.2 Every rating will be automatically logged onto TOM’s system and TOM may analyse all ratings received. TOM may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
9. Complaints Any complaints between Logistic Providers and End Users must be taken up with each other directly.
11.1 End User agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. End User shall comply with all applicable laws and take all steps required to enable, assist and/or defend TOM to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
11.2 Logistic Providers are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
12.1 End User shall maintain in confidence all information and data relating to TOM, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of TOM (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from TOM, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without TOM’s prior written consent, disclose such information to any third party nor use it for any other purpose.
12.2 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
12.2.1 was at the time of receipt already in your possession;
12.2.2 is, or becomes in the future, public knowledge through no fault or omission on your part;
12.2.3 was received from a third party having the right to disclose it; or
12.2.4 is required to be disclosed by law.
13. Data Privacy and Personal Data Protection Policy
13.3 End User acknowledge that TOM may disclose Personal Data of other individuals to you in the course of your use of TOM’s Services. End User represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to End User by TOM, and not for any other unauthorized purposes.
15. Disclaimer of Warranties
15.1 TOM makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, TOM App or Platform. TOM does not represent or warrant that (a) the use of the Service, Software, TOM App or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information or other materials purchased or obtained by you through TOM App will meet your requirements or expectations. The Service is provided to End User strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded to the extent permissible by law.
15.2 TOM makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Logistic Providers or any Solutions procured through the use of the Service. End User agree that they shall bear all risk arising out of your use of the Service and any Solution provided by Logistic Providers and shall have no recourse to TOM in respect of the same.
16. Internet Delays The service, platform, tom app and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by end user or the logistic provider being faulty, not connected, out of range, switched off or not functioning. TOM is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
17. Limitation of Liability
17.1 Unless otherwise stated, and to the fullest extent allowed by law, any claims against tom by end user shall be limited to the aggregate amount of all amounts actually paid by and/or due from end user in utilising the service during the event giving rise to such claims. TOM and/or its licensors shall not be liable to end user or anyone for). TOM and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to end user or to any person for whom end user have booked the service, including but not limited to:
17.1.1 loss, damage or injury arising out of, or in any way connected with the service, the platform, TOM app and/or the software;
17.1.2 the use or inability to use the service, the platform, TOM App and/or the software;
17.1.3 any reliance placed by end user on the completeness, accuracy or existence of any advertising; or
17.1.4 as a result of any relationship or transaction between end user and any logistic provider, chef, advertiser or sponsor whose advertising appears on the website or is referred to by the service, TOM App and/or the software, even if TOM and/or its licensors have been previously advised of the possibility of such damages.
17.2 TOM does not and will not assess nor monitor the suitability, legality, ability, movement or location of any logistic providers including third party transportation providers, chefs, advertisers and/or sponsors and end user expressly waive and release tom from any and all liability, claims or damages arising from or in any way related to the logistic providers including third party transportation providers, chefs, advertisers and/or sponsors.
17.3 TOM will not be a party to disputes, or negotiations of disputes between end user and logistic providers including third party transportation providers, chefs, advertisers and/or sponsors. Unless end user are a corporate customer with a current corporate account with TOM, TOM cannot and will not play any role in managing payments between you and the logistic providers, including third party transportation providers, chefs, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, the software and/or tom app (with all its implications) rests solely with and on end user. End user expressly waive and release tom from any and all liability, claims, causes of action, or damages arising from your use of the service, the software and/or tom app, or in any way related to the third parties including third party transportation providers, chefs, advertisers and/or sponsors introduced to end user by the service, the software and/or TOM App.
17.4 The quality of the solutions scheduled through the use of the service is entirely the responsibility of the logistic provider who ultimately provides such solution to End User. End user understand, therefore, that by using the service, end user may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that End User use the service at your own risk.
18. Notice TOM may give notice through TOM App, electronic mail to your email address in the records of TOM, or by written communication sent by registered mail or pre-paid post to your address in the record of TOM. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). End User may give notice to TOM (such notice shall be deemed given when received by TOM) by letter sent by courier or registered mail to TOM using the contact details as provided in TOM App.
22. Entire Agreement This Agreement comprises the entire agreement between End User and TOM and supersedes any prior or contemporaneous negotiations or discussions.
23. Suspension and Termination End User agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to TOM App, or any portion of the TOM App (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of TOM App or any portion of TOM App (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
24. No Third Party Rights This agreement does not give rights to any third parties who are not party to this Agreement.
1.1. For End Users:
1.1.1. All food order and delivery bookings placed on TOM App are treated as confirmed. You shall not be entitled to cancel a Food Order after it is confirmed. If you cancel a Food Order after it has been confirmed, you remain liable to pay the applicable fees for the Food Order in full, regardless of whether it has been prepared by the Chef. For the avoidance of doubt, where you have opted to self-pick up a Food Order, you will be deemed to have cancelled the Food Order by not collecting it within the time period specified in TOM App or otherwise communicated by TOM. Neither TOM nor the Logistic Provider(s) shall be responsible to retain the Food Order for your collection after the said period has lapsed.
1.1.2. Upon your successful placement of a Food Order, the Chef and/or the Logistic Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, TOM is not involved in and will not be responsible for any separate arrangement between you and the Chef and/or Logistic Provider.
1.1.3. You remain liable to pay the order value in full where (i) cancellation is made by you after the Chef starts food/beverage preparation; or (ii) you are not present or do not show up at the designated delivery location to collect the takeaway ordered or you are unreachable physically or uncontactable after 10 minutes from the time that the Logistic Provider arrives at the designated delivery location.
1.1.4. TOM, the Chef and/or Logistic Provider may not process your Food Order in the event of any of the following:
(a) you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable,
(b) if the requested delivery location falls outside the delivery zone offered in TOM APP,
(c) there is a lack of information, direction or authorization from you at the time of delivery, or
(d) unavailability of items ordered.
1.1.5. The prices of food and beverage items reflected in TOM App are determined solely by Chef and are listed for information only.
1.1.6. Prices of food and beverage items as reflected in TOM App may, for reasons such as technical issue, typographical error or outdated product information supplied by the Chef, be incorrectly reflected and in such an event the Chef may cancel your order(s).
1.1.7. If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the booking. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the checkout page for your booking. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. Pursuant to arrangement or agreement between you and the Chef and/or Logistic Provider pursuant to Clause 1.1.2 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.
1.1.8. The Chef shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you.
1.1.9. You are responsible for ensuring that the details entered by you in respect of the Food Order on TOM App are accurate and complete. TOM shall not be liable in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on TOM App; and in the event of late collection of the takeaway you ordered or non-collection of the takeaway you ordered by reason of erroneous collection details entered by you on TOM App.
1.1.10. After the delivery of the food and beverage items or collection of the takeaway you ordered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.
1.1.11. If applicable, persons placing an order for alcohol from any Chef must be at least twenty-one (21) years old. Alcoholic beverages can only be sold and delivered to persons who are at least twenty-one (21) years old as stipulated under the applicable laws and regulations. By placing an order that includes alcohol, you represent and warrant that you are at least twenty-one (21) years old. The relevant Logistic Provider(s) will have the right to (i) request to be shown your ID for age verification, and (ii) refuse to deliver or provide any alcoholic product to any person who at the time of delivery or collection of takeaway (A) does not appear to be at least twenty-one (21) years old or cannot prove that he/she is at least twenty-one (21) years old or (B) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or self-pick up. In such event you agree that TOM and the relevant Logistic Provider(s) shall not be liable to make any refund for payment already made to you. If it turns out that you are under twenty-one (21) years old, you hereby undertake you shall be solely responsible to bear the legal consequences and release TOM Logistic Provider(s), or the Chef, from all claims and other liabilities, arising from or in connection with the purchase or order of alcoholic product made via your account on TOM App including without limitation any liability arising from your action which deceives TOM’s system or the Logistic Provider or the Chef in relation to the aforementioned minimum age limit.
1.1.12. You agree that when requesting to pick/deliver food and/or beverages from merchant/restaurant through TOM App, TOM’s obligation is to only provide you with the Service mentioned above;
1.1.13. In the event any food and/or beverages of chef/restaurant are spoiled, or which results in food poisoning to you, allergies or other effect that will harm you, TOM will not be responsible, and any risk occur when using the Service will be at your own sole risk.