TERMS OF SERVICE
1. DESCRIPTION OF SERVICE
Porterfetch Private Limited (“Porterfetch” “us” “we”) provides a platform via its website and apps (the “Site”) that connects consumers, retail stores, and restaurants, with independent contractor couriers (“Porter” “Porters”) to facilitate on-demand delivery services (the “Platform”). Through this platform, consumers may request that merchandise or food be delivered to them from a particular retail store or restaurant whereby Porters can access the Platform to receive delivery opportunities (the “Service”). Porterfetch is not a retail store, restaurant, food delivery service, merchandise delivery service, or food preparation entity.
Porters offer delivery services through use of the service. We offer information and a method to obtain courier services, but does not and does not intend to provide courier services or act in any way as a courier, and has no responsibility or liability over any Porter.
We help customers get what they want delivered from the most popular retail stores and restaurants around Singapore.
2. ACCEPTANCE OF TERMS
By using Porterfetch, you agree to all the terms below.
3. MODIFICATION OF TERMS
We reserve the right, at our sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, we will notify you by posting an announcement on the site or via email to the email address listed on your Porterfetch account. What constitutes a material change will be determined at our sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using the Service shall constitute your acceptance of the Terms as modified.
If these terms change, we will notify you by posting an announcement on the site or through the email address you signed up with.
As a condition to using the Service, you are required to open an account with us and select a password, and to provide registration information (such as your name, credit card information, e-mail address, phone number or other contact information). The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Service, by either terminating your email access or your account.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Porterfetch account. You accept responsibilities for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us by sending us an e-mail.
You need to create an account to use the service. Please be careful with your password.
5. SERVICE AVAILABILITY
We aim to provide you with the best delivery service possible. Unfortunately things do not always go as plan. Your access to and use of the Site and our Services may be interrupted as a result of traffic conditions, weather, updating, maintenance or repair of the Site or any other reason within or outside the control of Porterfetch. We reserve the right to suspend or discontinue the availability of the Site and/or any Service at any time at our sole discretion and without prior notice.
At times, things can go wrong and the service could be interrupted. It’s unlikely, but sometimes things can go really wrong.
6. PAYMENT & REFUNDS
Certain features of the Service, including the placing of orders using the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept an estimate of the fees that you will be charged. We will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information.
All fees are in Singapore Dollars and are non-refundable. This no refund policy applies at all times regardless of your decision to terminate your usage, our decision to terminate your usage and any disruption caused to our Service for any reason whatsoever.
We, at our sole discretion, may offer credits or refunds on a case-by-case basis; all credit and/or refund requests must be made within fourteen (14) days after the delivery was completed. We may change the delivery or other fees for the Service, including by adding fees, on a going-forward basis at any time.
Always review your payment information before submitting an order. Any credit or refund requests needs to be made within 14 days after delivery was completed.
Item prices listed under merchant menus are estimated in-store prices, inclusive of GST, take-away charges and any other expenses that could be incurred from the merchant. However, do note that the pricing information published on the website may not reflect the prevailing pricing. For items ordered through the custom order feature, estimated prices would be listed as “TBD”. The final amount you are billed would be determined after the Porter has picked up your order from the merchant. When available, a store receipt would be provided to you by your Porter on delivery. We reserve the rights to determine final prevailing pricing and any fees, which we charge you, are due immediately and are non-refundable. This no refund policy shall apply at all times.
Item prices listed on the website may not always be accurate. But, don’t worry because we never ever mark up prices and you will always be charged in-store prices. If a store receipt is available, your porter would pass it to you on delivery.
Due to the nature of the service, orders are considered final as soon as they are placed. However, Porterfetch does make exceptions on a case-by-case basis. If you would like to cancel an order, speak to us on live chat or drop us an e-mail.
Only accepted orders whereby merchants have not yet begun preparation can be cancelled. After the merchant has begun preparing the order, no cancellations are allowed and you will be charged the full price of the order.
You will not be billed for any cancelled orders and any payment made prior to an order being cancelled by Porterfetch will be reimbursed using the same method you used to pay for your order. If an order cannot be cancelled, that order is non-refundable and will be charged to you. Porterfetch reserves the rights to determine whether an order can be cancelled.
Give your Porter a call, speak to us on live chat or drop us an email to cancel your order. But be quick; orders cannot be cancelled after the store has begun preparing your items.
9. CUSTOMER UNAVAILABLE
We reserve the right to charge you the full order amount if you are not at the designated delivery location when the Porter arrives to complete the delivery.
After the Porter completes payment at the retail store or restaurant, a receipt indicating final amount billed will be sent to the email address listed on your Porterfetch account. When the Porter arrives at the designated delivery location, an SMS notifying of his arrival will be sent to the mobile number on account. As a condition to using the Service, the registration information you provide must be accurate, complete, and current at all times.
Porterfetch reserves the rights to determine if a customer is deemed unavailable and this order would be classified as a bad order. Once a customer has been deemed to be unavailable, the no redelivery policy shall apply at all times.
Please be available when your Porter arrives at your location. We do not redeliver.
10. SALE OF ALCOHOL AND TOBACCO
Any one placing an order for alcohol or tobacco from any restaurant or store listed on Porterfetch must be aged 18 or older. On delivery, a proof of age may be requested from you to verify that you are aged 18 or over. Porterfetch also reserves the right to refuse the delivery of alcohol or tobacco products at any circumstances.
We strictly abide by the law. Only individuals aged 18 or older are allowed to order alcohol or tobacco.
11. WARRANTY DISCLAIMER
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.
PORTERFETCH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PORTERFETCH DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
PORTERFETCH RELIES UPON RESTAURANTS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS AND RETAILERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. PORTERFETCH DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING WITHOUT LIMITATION MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION NUTRITIONAL AND ALLERGEN INFORMATION.
PORTERFETCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A RESTAURANT OR OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND PORTERFETCH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER PORTERFETCH NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. PORTERFETCH SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PORTERFETCH’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
THE SERVICE CONNECTS YOU TO COURIERS AND MERCHANTS FOR THE PURPOSES OF FACILITATING COURIER SERVICES. PORTERFETCH WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY COURIERS AND YOU EXPRESSLY WAIVE AND RELEASE PORTERFETCH FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE COURIERS. PORTERFETCH WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY MERCHANTS OR RETAILERS ON THE PLATFORM, AND YOU EXPRESSLY WAIVE AND RELEASE PORTERFETCH FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO MERCHANTS, RETAILERS, AND THE ITEMS THEY PROVIDE. PORTERFETCH WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY COURIERS, MERCHANTS, OR RETAILERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE PORTERFETCH FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.
THE QUALITY OF THE COURIER SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY COURIER WHO ULTIMATELY PROVIDES DELIVERY SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
Indemnification of Porterfetch
You, agree to defend, indemnify and hold Porterfetch, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. Porterfetch reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.
We are not liable if things go wrong. Things can happen – we are not responsible.