In this FEAST Agreement the following expressions have the following meanings unless inconsistent with the context:
“Electronic Voucher” means the unique electronic voucher issued by MPL to you, the FEAST Member, with which you can obtain the goods, services and/or any benefit offered by Merchant, in accordance with the Promotion;
“Fee” means the annual subscription fee payable to MPL in order for you, the FEAST Member, to be eligible to receive Electronic Vouchers for the Promotion;
“FEAST Member” means a MeClub member who has paid to be a member of MeClub FEAST;
“Offer Items” means the items offered by the Merchant as part of the Promotion;
“Promotion” means the promotion on offer by the Merchant, made available in collaboration with MPL, the particulars of which are described on the Site or otherwise made available by any other method by MPL, and which includes any changes to the Promotion that MPL may make from time to time in its sole discretion;
“Merchant” means the merchant participating in the Promotion;
“MPL” means Mediacorp Pte Ltd;
“Related Companies” of any company means those companies which are in a holding-subsidiary relationship with the firstmentioned company and/or those companies which are subsidiaries of a common holding company as the firstmentioned company;
“Term” means any period of one (1) year of the term of this FEAST Agreement, beginning on the day you subscribe to be a FEAST member;
- This FEAST Agreement shall be read together with the MeClub Terms and Conditions. Capitalised terms and expressions used but not defined in this FEAST Agreement have the same definitions as given to them in the MeClub Terms and Conditions. In the event of a conflict between the MeClub Terms and Conditions and this FEAST Agreement, the provisions of this FEAST Agreement shall prevail.
- Words importing the singular include the plural and vice versa.
- Headings are for ease of reference only and have no legal effect and reference to the Schedule, Clauses and Annexes are to the schedule and Clauses of, and annexes to, this FEAST Agreement.
- In consideration of you being entitled to the Promotion, you agree to pay to MPL the Fee as set out in the Promotion.
- The Promotion is available only to MeClub members who purchase a FEAST membership. By purchasing a FEAST membership, you agree that you will be bound by these terms and conditions and agree to pay for the FEAST membership.
- Unless otherwise stated, payment may be made by Paypal and/or any other methods which may be clearly advertised on the Site from time to time. You agree that MPL may charge your charge card or other account(s) and/or payment methods for the Promotion and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account.
- You are liable to pay for the FEAST membership at such charges and at such times as stated in the Promotion, or as may otherwise be determined by MPL from time to time. Unless otherwise stated, payment for the Promotion will be billed at the point of sale. All fees are due and payable as soon as the bill is issued, and must be settled by the payment date stated on the bill. The total price on the bill will include the price of the product plus any applicable goods and services tax.
- YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MPL WITH A VALID CHARGE CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. You are also responsible for paying all fees without any counterclaim, deduction, set off or withholding whatsoever. Where payment is by credit card, you confirm that the credit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it. All credit card holders are subject to validation checks and authorization by the card issuer, and if the issuer of your payment card refuses to authorize payment to MPL, we will not be liable for any delay or non-delivery. All fees will be billed to the charge card or any approved third party payment account you designate during the FEAST membership registration process. If you want to designate a different payment method, you may do so through the Site. If there is a change in your charge card or payment account status (for example, if your credit card is lost, stolen, expired or terminated), you must inform us immediately in writing and change your information through the Site. A change in payment methods may temporarily disrupt your access to the Site or the Promotion benefits while MPL verifies your new payment information.
- You will be responsible for complying with any terms and conditions and charges imposed by third party service providers in connection with payment gateway services they provide to facilitate your online payments. Without affecting any limitation or exclusion of liability elsewhere in these terms and conditions, MPL will not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with your use of any third party payment gateway services.
- FEAST Members shall have the responsibilities and entitlements set out in the Promotion.
- The purchase of the FEAST membership is final, non-cancellable and non-refundable.
- Prices may change from time to time and MPL does not provide price protection or refunds in the event of a price reduction or promotional offering. For the avoidance of doubt, MPL reserves the right to, at any time, make any change, modification and/or variation to the Promotion, this FEAST Agreement and/or any of the Offer Items available to FEAST Members. Any and all such changes, modifications and/or variations will be notified on an appropriate section on a part of the Site as MPL may from time to time determine, and your continued participation in the Promotion shall be construed as your acceptance of the amended terms and conditions.
- For the avoidance of doubt, the goods, services and/or Offer Item(s) provided by the Merchant are the responsibility of the Merchant and MPL is not responsible for any disputes arising from the same. Any and all disputes relating to the Offer Item(s) and any Merchant products and services must be settled between you and the Merchant.
- You warrant that you have the full power, capacity and right to enter into this FEAST Agreement.
- The Promotion is provided as is, and MPL makes no warranty and hereby disclaims any and all liability and warranty, express or implied (to the extent permitted by law), in respect of the use, security, accuracy, reliability, timeliness, non-infringement, satisfactory quality or fitness for any particular purpose of the Site, the Offer Item(s) or of your participation in the Promotion.
- You hereby indemnify and hold harmless MPL and its Related Corporations (and their directors, officers, agents, representatives and employees) from and against any and all claims, suits, liabilities, judgments, costs, losses and damages arising out of or in connection with any claim or suit or demand from any third parties arising out of or in relation to your breach of any of the terms of this FEAST Agreement.
- This FEAST Agreement shall start on the date you subscribe to be a FEAST Member and continue in force for the duration of the Term.
MPL shall have the right to terminate this FEAST Agreement with immediate effect without notice if MPL determines or suspects, at its sole discretion, that:
(a) you have committed a breach of any of the terms of this FEAST Agreement;
(b) you are using and/or allowing the Site or the Promotion to be used for illegal, improper and/or fraudulent purposes, in which case you will also be referred to the relevant authorities without notice. MPL will comply with any directions or guidelines issued by these authorities without further reference to you;
(c) you become or threaten to become a bankrupt under the laws of any jurisdiction applicable to you; or
(d) you pass away.
- In addition, MPL shall have the right to terminate this FEAST Agreement at any time upon 7 days advance written notice to you.
Upon termination for any reason:
(a) you shall pay to MPL any and all outstanding amounts due under this FEAST Agreement; and
(b) all your entitlements as a FEAST Member shall immediately cease.
For the avoidance of doubt, under no circumstances shall the Fee be refunded to you.
- Clauses 3, 4, 5, and 6 (together with those provisions that either are expressed to survive its termination or from their nature or context it is contemplated that they are to survive such termination) shall survive any termination or expiry of the Agreement.
- Any termination under the FEAST Agreement shall be without prejudice to any accrued rights (including but not limited to the right to claim damages), remedies or claims of either party against the other. It does not affect any accrued rights or liabilities of either party or any provision which is expressed or by implication intended to come into force on, or continue in force, after termination.
- Entire Agreement. This FEAST Agreement, read together with the MeClub Terms and Conditions, contains all the terms agreed between the parties regarding its subject matter, and supersedes and excludes any prior agreements, understanding or arrangements between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this FEAST Agreement except as expressly stated in this FEAST Agreement.
- Reservation of rights. No waiver by MPL of any violation or default in performance of the provisions of this FEAST Agreement shall be deemed a waiver of such provisions or the right of MPL to thereafter enforce such provisions or any other provisions of this FEAST Agreement.
- Severability. The invalidity or unenforceability of any term of or right arising pursuant to this FEAST Agreement shall not adversely affect the validity or enforceability of the remaining terms and rights.
- No third party rights. No third party shall have any right to enforce any terms and conditions of this FEAST Agreement under the Contracts (Rights of Third Parties) Act.
- Assignment. You may not assign, transfer, charge or otherwise encumber, create any trust over or deal in any manner with this FEAST Agreement or any right, benefit or interest under it nor transfer; novate or sub-contract any of your obligations under it. It is hereby agreed that MPL shall be entitled to assign its rights and obligations hereunder to any third party without any notice to or consent from you.
- Limitation of Liability. MPL does not exclude or limit liability that cannot be excluded or limited by law. Subject to the preceding sentence, MPL shall not be liable for: (a) loss of actual or anticipated profits; (b) loss of goodwill; (c) loss of business; (d) loss of revenue or of the use of money; (e) loss of contracts; (f) loss of anticipated savings; (g) loss of data and/or undertaking the restoration of data; or (h) any special, indirect or consequential loss; and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, Clauses (a) to (g) above apply whether such damage or loss is direct, indirect, consequential or otherwise.
- Notices. All notices under this Agreement shall be in writing, sent by facsimile, electronic mail or first-class registered or recorded delivery post to the party being served at its address specified above or at such other address of which such party shall have given notice as aforesaid. The date of service shall be deemed to be the day following the day on which the notice was transmitted or posted as the case may be.
- Interpretation. The headings of Clauses of this Agreement are for convenience and reference only and do not form a part of this Agreement and shall not in any way affect the interpretation of this Agreement.
- Law and Jurisdiction. This Agreement shall be governed by the laws of Singapore. Each party submits to the exclusive jurisdiction of the Singapore courts.