Terms of Service

Last update: 18 Feb 2021

1) Introduction

2) Terms

3) Interpretation

“Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available through the Site;

“Event of Force Majeure” means any cause beyond the reasonable control of a Party to this Terms, including any act of God, outbreak, or epidemic of any kind, communicable and virulent disease, strike, flood, fire, embargo, boycott, act of terrorism, insurrection, war, explosion, civil disturbance, shortage of gas, fuel or electricity, interruption of transportation, governmental order, unavoidable accident, or shortage of labour or raw materials;

“Intellectual Property Rights” means all intellectual property rights (whether registered or not) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Site, Services and/or Content;

“hoebeecoffee.com”, “we”, “us”, “our” means, for the purposes of this Terms and the Privacy Policy, HoeBee Int’L Pte. Ltd.;

“Parties” means collectively hoebeecoffee.com and relevant User, and a “Party” means any of them;

“Payment Method” means the User’s current and valid method of payment that is accepted by HoeBee Int’L Pte Ltd, as may be varied or updated from time to time;

“Personal Data” means data that may enable i3marketplace to identify Users personally, including data about a person who can be identified (i) from that data, or (ii) from that data and other information to which i3marketplace has or are likely to have access;

“User(s)”, “you”, “your” means, for the purposes of this Terms and the Privacy Policy, any user of the Site and/or Services, including end-customers.

References to Clauses are to the clauses of this Terms.

The headings are for convenience only and shall not affect the interpretation of this Terms.

Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; references to natural persons shall include bodies corporate and vice versa; and words denoting any gender shall include all genders.

4) Eligibility To Use

5) Account Registration

Users are required to register, whether through the Site or separate written agreement, and maintain an account with HoeBee Int’L Pte Ltd (“Account”) in order to use the Services. If Users choose to register for an Account, Users agree to provide and maintain true, accurate, current and complete information about themselves as prompted by the relevant registration form or when required to verify the same before Account activation. By registering an Account, Users authorise HoeBee Int’L Pte Ltd to collect, store, retain, process and use Personal Data provided to HoeBee Int’L Pte Ltd in accordance with HoeBee Int’L Pte Ltd Privacy Policy. Users’ failure to provide, maintain accurate, complete and up-to-date personal data (including having an invalid or expired Payment Method) to enable HoeBee Int’L Pte Ltd to properly perform the Services may result in Users being unable to access and use the Site and/or Services. In any event, HoeBee Int’L Pte Ltd reserves the right, in its sole discretion, to approve or refuse registration of an Account. Users may not assign or otherwise transfer their Accounts to any party without the prior written authorisation by HoeBee Int’L Pte Ltd.

6) Products

HoeBee Int’L Pte Ltd reserves the right to temporarily or permanently remove any product and/or service from the Site at any time without notice to Users.

7) Promotional Offers, Discounts, Promo Code, etc

From time to time HoeBee Int’L Pte Ltd may run promotions, contests, surveys, privileges and other programmes (collectively, “Promotions”), subject to additional terms and conditions which can be found on the Site and are hereby incorporated by reference into this Terms. Promotions are only valid for such time period as HoeBee Int’L Pte Ltd may determine in its sole discretion.

Unless otherwise specifically provided, The following terms shall apply to the use of credits, vouchers, coupons and codes (collectively, “Promo Codes”):

7.1) Each Promo Code is only eligible for a single use and is only valid for the time period as specified by Hoe Bee Coffee or HoeBee Int’L;

7.2) Promo Codes are not resellable, transferable, exchangeable, convertible or redeemable for cash;

7.3) Promo Codes may not be combined or accumulated with other offers or promo codes;

7.4) Promo Codes may only be used pursuant to the specific terms that HoeBee Int’L Pte Ltd establishes for such Promo Codes and Users must enter the relevant Promo Code into the relevant field prior to completing an order;

7.5) A minimum spend may be required before use of a Promo Code is permitted;

7.6) No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Promo Codes is allowed. Promo Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used. HoeBee Int’L Pte Ltd reserves the right to verify the validity of any Promo Code and to declare null and void, any Promo Code which in its opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used;

7.7) HoeBee Int’L Pte Ltd reserves the right to withhold, deduct or remove credits or other features or benefits obtained through the use of a Promo Code by any User in the event that HoeBee Int’L Pte Ltd determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal or in violation of the applicable terms and conditions of the Promo Code or this Terms.

Where any free gift is offered as part of a Promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.

HoeBee Int’L Pte Ltd decision on all matters relating to Promotions and Promo Codes is final and binding.

HoeBee Int’L Pte Ltd reserves the right to change, suspend, cancel and/or waive any Promotion or Promo Code and its applicable terms and conditions thereof at any time and from time to time in its sole discretion without notice to Users and liability to HoeBee Int’L Pte Ltd.

8) Payments

Users must provide HoeBee Int’L Pte Ltd with a current, valid and accepted Payment Method to use the Services. This does not waive HoeBee Int’L Pte Ltd right to seek payment directly from Users through any other methods, should the Payment Method fails. The terms of a User’s payment will be based on his/her Payment Method and determined by agreement with the relevant financial institution, credit/debit card issuer or other provider of the selected Payment Method. HoeBee Int’L Pte Ltd disclaims all liabilities associated with the security of the selected Payment Method. Users shall be responsible to resolve any disputes with their financial institution, credit/debit card issuer or other provider of the selected Payment Method.

All prices, fees and charges in respect of HoeBee Int’L Pte Ltd products or Services shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.

All payments by Users in respect of HoeBee Int’L Pte Ltd products or Services shall be paid without set-off or counterclaim and free and clear of and without deduction or withholding for or on account of any taxes, levies, imposts, duties, fees, assessments or other charges of whatever nature, imposed by any governmental authorities, and all interest, penalties or similar liabilities with respect thereto.

9) Obligations and Restrictions

Users may only use the Site and/or Services in compliance with applicable laws and for legitimate purposes. Users agree to comply with this Terms, all local rules and laws regarding the use of the Site and/or Services, including Users’ online conduct, that are applicable in their jurisdictions.

In using the Site, Services and/or Content, Users must not:

9.1) Use it for any purpose that is improper or unlawful in violation of any applicable local, state, national or international law, or any regulations having the force of law, or this Terms;

9.2) Use it in any manner that could damage, disable or impair i3marketplace.com’s server, or interfere with other Users’ access or use of the Site and security related feature of the Site;

9.3) Disassemble, reverse engineer, decompile, modify or otherwise creating derivative works based on hoebeecoffee.com, any software, applications, updates or hardware contained in or available via the Site;

9.4) Do anything or cause an action to be done resulting in the infringement or violation of hoebeecoffee.com’s Intellectual Property Rights;

9.5) Attempt to gain unauthorized access to the Site by using other User’s Account through means of hacking, mining or other means of interference;

9.6) Solicit personal information from anyone under the age of 18;

9.7) Harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

9.8) Interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, or circumvent any technology used to protect the Site;

9.9) Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site and/or Services; and/or

9.10) Remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Site or pass off or attempt to pass off the Site and/or Services as the product of anyone other than HoeBee Int’L Pte Ltd.

HoeBee Int’L Pte Ltd reserves the right to investigate and take appropriate legal action against anyone who, in its opinion, violates the above provisions, including without limitation, suspending or terminating the Account of such violators and reporting them to the law enforcement authorities.

Users are solely responsible for their own hardware, internet connection or telecommunication charges incurred for accessing, connecting to or using the Site.

10) Updates, Modifications and Availability

HoeBee Int’L Pte Ltd may modify or upgrade the features and functionality of the Site from time to time, and reserve the right to make upgrades, updates, modifications and changes as it deems fit. Users understand that such upgrades or changes may result in interruption, modification, failure, delay or discontinuation of the Site or any function or feature thereof. In this regard, Users acknowledge and agree that i3marketplace.com assumes no liability, responsibility or obligation for any such interruption, modification, failure, delay or discontinuation associated with the Site.

Notwithstanding anything contained in this Terms, HoeBee Int’L Pte Ltd reserves the right to modify or discontinue, temporarily or permanently, the Site and/or Services (or any part thereof). Users agree that i3marketplace.com shall not be liable to Users or to any third party for any modification, suspension or discontinuance of the Site and/or Services.

11) Intellectual Property

The Site, Content and hoebeecoffee.com underlying the Site are the property of HoeBee Int’L Pte Ltd and/or its licensors, and are protected by copyright and/or other intellectual property rights. Except as expressly authorised by HoeBee Int’L Pte Ltd, Users agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site and/or Content, in whole or in part. The word “HoeBee Int’L Pte Ltd” and associated logo are the trademarks, trade names and/or service marks of HoeBee Int’L Pte Ltd, and Users agree not to display or use in any manner such names and/or marks without HoeBee Int’L Pte Ltd prior written authorisation. In using the Site, Users shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Users further acknowledge that they have no right to have access to any aspect of the Site in source-code form, and agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in HoeBee Int’L Pte Ltd. Any uses of the Site and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by HoeBee Int’L Pte Ltd.

By using the Site, Users will not acquire any right, title or interest in or to the Intellectual Property Rights except for the limited right to use the Site and/or Services granted to Users pursuant to this Terms. Nothing in this Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of HoeBee Int’L Pte Ltd trade or service marks displayed on the Site without HoeBee Int’L Pte Ltd prior written permission in each instance. All goodwill generated from the use of the Site, Services and/or Content will inure to HoeBee Int’L Pte Ltd exclusive benefit.

To the extent where Users provide HoeBee Int’L Pte Ltd with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), Users hereby assign ownership of all intellectual property rights subsisting in that Feedback to HoeBee Int’L Pte Ltd and acknowledge that HoeBee Int’L Pte Ltd can use and share such Feedback for any purpose in its sole discretion.

Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to HoeBee Int’L Pte Ltd.

12) Third Party Resources

The Site may contain links to third party’s websites, products, services, information, advertisement or other materials (“Third Party Resources”) that are not owned or controlled by HoeBee Int’L Pte Ltd, or the Services may be accessible through Third Party Resources. Links to Third Party Resources do not constitute an endorsement or recommendation by HoeBee Int’L Pte Ltd of such Third Party Resources.

When Users access Third Party Resources, Users do so at their own risk. Users hereby represent and warrant that they have read and agree to be bound by all applicable policies of any Third Party Resources relating to the use of their services and act in accordance with those policies, in addition to Users’ obligations under this Terms.

HoeBee Int’L Pte Ltd has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Resources. In addition, HoeBee Int’L Pte Ltd will not and cannot monitor, verify, censor or edit the content of any Third Party Resources. Users expressly relieve and hold HoeBee Int’L Pte Ltd harmless from any and all liability arising from the use of any Third Party Resources.

13) Disclaimers

This Terms set out the full extent of our obligations and liabilities in respect of the Site and Services.

HOEBEE INT’L PTE LTD PROVIDES THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. USERS AGREE THAT USE OF THE SITE AND/OR SERVICES IS AT THEIR SOLE RISK. OTHER THAN APPLICABLE PRODUCT WARRANTIES, HOEBEE INT’L PTE LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (III) SECURITY, RELIABILITY, PERFORMANCE AND ACCURACY OF THE SERVICE, AND (IV) THAT THE SITE AND/OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOEBEE INT’L PTE LTD OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

HoeBee Int’L Pte Ltd has no responsibility whatsoever for any arrangements that Users make with any third party as a result of using the Site and/or Services.

Users may see advertising material submitted by third parties on the Site. Each individual advertiser is solely responsible for the content of its advertising material and HoeBee Int’L Pte Ltd accepts no responsibility for the content of such advertising material, including, without limitation, any error, omission or inaccuracy therein.

If any Users are dissatisfied with the Site and/or Services, or do not agree with any part of this Terms, or have any other dispute or claim with or against HoeBee Int’L Pte Ltd with respect to this Terms or the Site, Users’ sole recourse is to discontinue use of the Site and/or Services.

14) Exclusion and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOEBEE INT’L PTE LTD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OR LOSSES OF ANY KIND IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THIS TERMS, THE SITE, SERVICES OR CONTENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF WARRANTIES STATED HEREIN OR THE LIMITATION OF LIABILITY STATED HEREIN, THEN USERS EXPRESSLY AGREE THAT IN NO EVENT WILL HOEBEE INT’L PTE LTD LIABILITY FOR ANY CLAIM OR DAMAGES HEREUNDER EXCEED THE AMOUNT PAID BY THE RELEVANT USER TO HOEBEE INT’L PTE LTD IN RESPECT OF ANY PRODUCT OR SERVICE BEING THE SUBJECT OF THAT USER’S CLAIM.

Nothing in this Terms shall limit or exclude HoeBee Int’L Pte Ltd liability in respect of (i) losses caused by fraud or fraudulent misrepresentation, (ii) any other liability that cannot be excluded by law, or (iii) Users’ statutory rights.

15) Indemnity and Release

Users hereby agree to indemnify HoeBee Int’L Pte Ltd, including its directors, officers, employees, or agents (“Indemnified Parties”) and keep the Indemnified Parties harmless from and against any claims, actions, suits, proceedings, damages and/or liabilities whatsoever made against the Indemnified Parties arising from the use of the Site, Services, Content and/or performance of Users’ duties and obligations under this Terms save where such claims, actions, suits, proceedings, damages and/or liabilities arise from the gross negligence, willful misconduct or breach of this Terms by the Indemnified Parties.

16) Term, Suspension and Termination

The agreement between HoeBee Int’L Pte Ltd and each User under this Terms shall take effect upon the earlier of (a) the User’s commencement of the use of the Site and/or Services, or (b) registration of an Account, or (c) execution of a written agreement with i3marketplace.com in respect of the use of HoeBee Int’L Pte Ltd services, and will remain in full force and effect for as long as relevant User continue to use the Site and/or Services.

HoeBee Int’L Pte Ltd may in its absolute discretion immediately suspend, discontinue or terminate a User’s access to and/or use of the Site, Services and/or its Account under this Terms in the event of any actual or suspected breach of any provisions under this Terms, with or without notice at any time without incurring any liability whatsoever to the User or any third party. In this instance, HoeBee Int’L Pte Ltd reserves the right to remove and discard data in and content of the User’s Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for such suspension, discontinuance or termination may be referred to the appropriate law enforcement authorities.

Upon termination of the agreement with a User pursuant to this Terms, the User’s access rights to the Site and/or Services and other rights hereunder shall terminate.

All provisions of this Terms which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

17) General

18) Governing Law and Jurisdictions