TERMS & CONDITIONS

Please read these Terms & Conditions carefully (including our Privacy Policy) before using our website www.omakase.pet (“Site”), and/or our Services (defined below), so that you are aware of your legal rights and obligations with respect to OMAKASE (“OMAKASE”, “we”, “our” or “us”). By accessing this Site and/or using the Services, you agree to these conditions. OMAKASE may at any time vary or amend these Terms & Conditions by posting the amended Terms & Conditions on the Site. Any use of the Site or Services after the amendment of these Terms & Conditions is deemed acceptance of the amended Terms & Conditions by you. If you do not agree to the amended Terms & Conditions, you have the right to stop using the Site and Services.

SITE AND SERVICES

The Site is wholly-owned and maintained by OMAKASE. OMAKASE operates an online platform that provides customization of biologically appropriate diet for pets through the Site, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of products; and operates and offers scheduling courier through the use of Site: Access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files, and other types of works; Customization of products and/or services; Blogs and communication tools; Email or text alerts; and Any other services, features, content, or applications that OMAKASE may offer through the Site from time to time at our sole and absolute discretion. OMAKASE reserves the right to change, modify, suspend or discontinue the whole or any portion of the Site or Services at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site or Services without notice or liability.

LICENSE AND ACCESS

OMAKASE hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable license to use the Site, and access and use the Services available via the Site, subject to the terms set out in these Terms & Conditions. This license does not allow you to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, of the Site, Services, and Content (including images, text, page layout, blogs, pricing, data, listing, information, calculations and all content that is available on the Site or Services) without the prior written consent of OMAKASE. You may not reproduce, display or otherwise provide access to the Site, Services or Content through framing, mirroring, linking, spidering, scraping, or any other technological means, without express written consent of OMAKASE. The Site and all Content are the copyrighted work of OMAKASE or our content or software providers, and we reserve and retain all rights in the Site and Content. You may not decompile, reverse engineer, or otherwise attempt to discover the source code of the App or any Content, except under the specific circumstances expressly permitted by law or OMAKASE in writing. You may not hack into, interfere with, disrupt, disable, overburden or otherwise impair the proper working of the Site, Services, or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.

ACCOUNT INFORMATION

To access certain parts of the Site or Services, you will be required to sign-up for an account with OMAKASE (“Account”) and select a user name ("User Name") and password ("Password"). You are solely responsible for safeguarding and maintaining the confidentiality of your Account and Password. You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. OMAKASE shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify woof@omakase.pet. You may not authorize others to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. Please provide accurate, complete, and up-to-date information required for your Account. When fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately: Cancel any orders placed through such Account(s); Cancel or invalidate any credits or discount vouchers, coupons, or codes awarded to or used by such Account(s) and charge full price for items purchased; Merge, suspend and/or terminate Account(s).

ORDERS & SUBSCRIPTION

All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms & Conditions. All orders shall be subject to acceptance by OMAKASE. Processing of payment for an order shall not in itself constitute acceptance of the order by OMAKASE, provided that where an order for any product(s) is rejected or cancelled by OMAKASE, any payment made for such order shall be reversed or refunded by OMAKASE in accordance with our prevailing refund policy at such time. All orders made by you are subject to stock availability. OMAKASE reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock or unavailable for any other reason. OMAKASE reserves the right to limit your order or the quantity of a particular product you may order. All change requests made to an order are subjected to availability and terms. OMAKASE reserves the right to reject your order changes in whole or in part, at any time and without liability or compensation, where the order is already prepared, or any item/service is unavailable for any other reason. All orders cancellation must be notified by contacting or emailing us woof@omakase.pet within 6 hours of orders being made. OMAKASE reserves the right to refuse any refund if we did not receive written notification within the time frame. All orders made under the Advanced plan will have limited nutritional support. You agree that OMAKASE will not be liable for any nutritional imbalance, food allergies, intolerances, bone safety (i.e. choking, etc), and indigestion experienced by your pet(s).

Any changes in subscription such as modifications in any of the ingredient (meat/ innards/ supplements/ fruits/ vegetable/ etc) or change in delivery address/ delivery frequency or even cancellation of subscription have to be made minimum 9 days in advance from the nearest upcoming delivery. As production is usually started 9 days before the next upcoming delivery, we are unable to have any changes or cancellations accepted 9 days before the upcoming delivery. All other deliveries that are more than 9 days to delivery can be cancelled, or have any changes made.

PRODUCT INFORMATION, PRICING, AND PAYMENT

OMAKASE aims to provide you with accurate and up-to-date pricing, product, and promotional information. Despite our best efforts, errors may sometimes occur and we do not guarantee that the pricing, images, or other product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete. You agree that OMAKASE shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not is correctly reflected on the Site through our Services. If a product offered by OMAKASE is not as described, your sole remedy is to return it in unused condition. If the actual price of any item ordered by you is higher than that reflected on the Site or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled. Payment for all orders shall be made in Singapore dollars. We accept payment for orders by MasterCard, Visa, and American Express only. Kindly note that our payment gateway, Stripe currently accepts MasterCard, Visa, and American Express cards, and the credit/debit cards and payment methods accepted by Stripe are subject to change. OMAKASE only accepts online payments on the Site.

PROMOTIONS

From time to time OMAKASE may run promotions, contests, surveys, privileges, and other programmes, subject to additional terms and conditions, which can be found on the Site and are hereby incorporated by reference into these Terms & Conditions. Promotions, contests, privileges, and programmes are only valid for the time period specified by OMAKASE and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock.

All promotions are only valid in isolation, not in conjunction with any other promotions, discounts or vouchers. In the event where there are two or more ongoing promotions, the customer is only entitled to one promotion, discount or voucher, whichever he/she deems most appropriate.

OMAKASE reserves the right to stop or ban any account that is/are deemed violating any terms and especially abuse of promotional activations. Such abuse includes multi-account creation to abuse new sign up promotion, referral bonuses or OMAKASE's free freezer promotion where such freezers are limited to only 1 per household.

To the maximum extent permitted by applicable law, OMAKASE reserves the right, at its sole discretion to amend, withdraw or revise these terms and conditions and the gifts at any time without prior notice and in such event, OMAKASE shall not have any liability whatsoever.

Freezer promotion upon cancellation of subscription, OMAKASE has the right to immediately reposess the freezer. If freezer is not successfully repossesed after maximum of 28 days due to reasons not caused by OMAKASE, OMAKASE reserves the right to collect payment and charge payment of the retail price value of the freezer to the customer automatically of a value of $150 Singapore dollars.

VOUCHER CODES

The following terms shall apply to the use of credits, vouchers, coupons, and codes (“Voucher Codes”): Use of any Voucher Code must be indicated before payment, and all information required by OMAKASE must be provided. No retroactive use of the Voucher Code is permitted. Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code, or offer, including but not limited to discounted sale items, unless otherwise stated. Voucher Codes cannot be refunded, redeemed, or exchanged for cash. OMAKASE reserves the right to verify the validity of any Voucher Code and to declare null and void and charge full price for items purchased, any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used. OMAKASE reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on the Site. Where you are permitted to return any product to OMAKASE for a refund/credit and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift is related. If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, OMAKASE may charge the delivery fee and/or the full value of the order without the promotion.

DELIVERY

OMAKASE delivers to most areas in mainland Singapore (excluding Jurong Island). You may also email woof@omakase.pet to check on our delivery coverage. We will only process and accept orders within our delivery coverage. OMAKASE will aim to deliver the orders to your delivery address within the delivery time frame selected by you, but does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control that may result in early or delayed deliveries such as weather, traffic, haze, etc. You agree that OMAKASE shall not be liable for any deliveries made outside the delivery time frame. If your designated delivery location is inaccessible, incomplete, and/or inaccurate (i.e. missing unit number, different street address from our automated postal code system, etc), rendering us unable to make the delivery, we will contact you to determine the best alternative location and/or date. Please notify OMAKASE immediately of any changes to your delivery address, date or time of delivery, or contact number. Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative charge of S$15.00. It is the responsibility of the receiver to ensure that the order is stored appropriately immediately upon receiving from our delivery driver. You agree that OMAKASE will not be liable for food spoilage if the food has not been stored appropriately in the freezer upon delivery. If no one is at the delivery location to receive the order during the chosen delivery slot, or when the delivery address provided is not complete and/or accurate, OMAKASE will return the orders to our premises. You may contact us to arrange for a re-delivery, or email us at woof@omakase.pet. Kindly note that a re-delivery fee of S$15.00 will be imposed, and is subjected to the next available delivery slot. All orders re-delivery must be arranged within 30 days upon returning to our premises otherwise, it will be discarded without notice. By selecting “If I’m not home, leave it at door.”, you agree that OMAKASE will not be liable for food spoilage if the food has not been received and stored appropriately in the freezer upon delivery. While our goal is to honour your delivery preferences whenever possible, we can't guarantee that our drivers will be able to meet these instructions under all circumstances.

If your delivery is unsuccessful, it will be automatically rescheduled for the next day (excluding Sundays & Public Holidays) at the same timeslot.

After two failed re-attempts, a $12 fee will apply for any additional delivery attempts.

If you are unable to receive the order on the next scheduled attempt and require a further reschedule, a $12 fee will also be incurred.

For any changes to your delivery, please inform us at least 48 hours in advance via our live chat to avoid unnecessary charges.

RETURNS & REFUNDS

We ask that you please check your order upon delivery. If you’re not completely happy with your orders, let us know within 3 days by contacting or emailing us at woof@omakase.pet. OMAKASE at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection, and/or return of the incorrect product(s). Other than the reasons stated above, OMAKASE does not accept returns or refunds once the food has been delivered. We ask that all returned products are not used and in the original packaging. OMAKASE reserves the right, but has no obligation to, inspect the returned product and to determine whether the product was rightfully returned in accordance with this paragraph. Where OMAKASE exercises its right to inspect the Product, OMAKASE’s decision in respect of such returned products shall be deemed final and binding on you.

INTELLECTUAL PROPERTY

The copyright, patents, trademarks, registered designs, and all intellectual property rights in the Services, the Site, and all Content shall vest in and remain with OMAKASE and its licensors. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with OMAKASE for your use. Any other use of the materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of OMAKASE is strictly prohibited. You acknowledge that OMAKASE and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. OMAKASE reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from OMAKASE. The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of OMAKASE and other third parties, and all rights to the Marks are expressly reserved by OMAKASE and relevant third parties. You are not permitted to use the name of OMAKASE or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of OMAKASE or such a third party. The domain name on which the Site is hosted is the sole property of OMAKASE and you may not use or otherwise adopt a similar name for your own use.

COMMENTS AND OTHER INFORMATION

You may provide or submit comments, feedback, suggestions, and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. OMAKASE reserves the right (but not the obligation) to review, remove or edit such content. You grant OMAKASE a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OMAKASE the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Terms & Conditions and will not cause injury to any person or entity; and that you will indemnify OMAKASE for all claims resulting from content you supply. OMAKASE takes no responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMERS AND LIMITATIONS

While we make every effort to ensure that the Site, Services, and all Content is accurate and complete, we provide the Site, 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, OMAKASE 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, OMAKASE does not warrant that the functions contained in or access to the Site, 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, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of any Content in or with any device will not affect the functionality or performance of the device. OMAKASE does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, or the Site in terms of their correctness, accuracy, completeness, reliability, or otherwise. The Site and Service are provided to you strictly on an “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 or Services. Your use of the Site or Services and any third party services or products remains solely with you to the maximum extent permitted by law. You hereby agree that: OMAKASE shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; Access to or the operation of the Site 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; and The Site and Service may be subject to limitations, delays, and other problems inherently and in any such event, OMAKASE shall not be liable for any loss, liability, or damage, which may be incurred as a result. In no event shall OMAKASE be liable to you for any injuries, damages, losses, expenses, liabilities under any causes 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, Content or any other website or device. In the event that OMAKASE is liable for damages despite the foregoing provision, you agree that OMAKASE’s aggregate liability to you for any and all causes of action in relation to: Any order, sale, or delivery of any product by OMAKASE under these Terms & Conditions shall not exceed the price of the product giving rise to such claims; and In all other cases (including any use of the Site or Services), shall not exceed S$1. In no event shall OMAKASE be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site or Content, or your use of, or the inability to use, the Services, Site, Content, or any other website or device, even if OMAKASE 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 OMAKASE at either reasonable costs or no costs to you.

LINKED SITES

OMAKASE may provide links, plug-ins, widgets, or other connections to other sites ("Linked Sites", “LINKED SITES”) that may be of relevance and interest to users. We have no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors, or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. OMAKASE does not endorse, recommend or guarantee any of the Linked Sites, and we expressly disclaim all liabilities and responsibilities arising in relation to any Linked Sites.

SECURITY AND PRIVACY

OMAKASE recognises the importance of keeping your personal information and data secure and private. To understand our security and privacy policies and practices, please read our Security & Privacy Policy. Please do not submit any personal information or data without first reading our Security & Privacy Policy which explains our data use and privacy practices in detail.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

NOTIFICATION OF INFRINGEMENT

OMAKASE reserves the right to investigate notices of copyright, trademark, and other intellectual property infringement (“Infringement”) in respect of the Site, 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 or Services, please notify OMAKASE in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”). OMAKASE will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against OMAKASE in respect of any Infringing Material, unless you have first given OMAKASE the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter OMAKASE refuses or fails to remove the Infringing Material within a reasonable time. Where OMAKASE removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against OMAKASE under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by OMAKASE. You acknowledge and agree that OMAKASE has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third-party sites.

INDEMNITY

You agree to indemnify and hold OMAKASE, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of: Any use of the Site or any Service; Your connection to the Site; Your breach of any terms and conditions of these Terms & Conditions; Your violation of any rights of any third party, including providers of courier services arranged via the Site or any Service; Your violation of any rights of another person or entity; Your breach of any statutory requirement, duty, or the law; Any injury arising from feeding your pet; or Any OMAKASE meals purchased from another person or entity, other than OMAKASE directly.

SEVERABILITY

If any provision of these Terms & Conditions is found to be illegal, void, or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms & Conditions shall continue in force save that such provision shall be deemed to be deleted.

WAIVER

No waiver of any rights or remedies by OMAKASE shall be effective unless made in writing and signed by an authorised representative of OMAKASE. A failure by OMAKASE to exercise or enforce any rights conferred upon us by these Terms & Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

GOVERNING LAW

The Site and Services are meant for use by residents of Singapore only. OMAKASE makes no representation that the Services and Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions and all matters relating to your access to, or use of, the Site 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 Electronic 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.

All "OMAKASE" aforementioned is legal entity, OMAKASE AST PTE. LTD.