Terms and Conditions
These terms and conditions (collectively, the “Agreement”) form a binding legal agreement between you, as an individual and the entity you represent, and Bryng.me Pte. Ltd., a Singapore company doing business under the name of DishDash (“DishDash”). This Agreement applies to your use of the Service and the associated Software (each defined below). By using or receiving any services supplied to you by DishDash (collectively, the "Service"), and downloading, installing or using any associated software supplied by DishDash, which purpose is to enable you to use the Service (collectively, the "Software"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published by DishDash on the Service or the Software. If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Service or the Software.
DishDash reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software or by email notice. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to all such changes.
DishDash hereby grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes. All rights not expressly granted to you are reserved by DishDash and its licensors.
You understand and agree that you shall only use the Service and the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Service and Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way;
modify or make derivative works based upon the Service or the Software;
create Internet "links" to the Service or "frame" or "mirror" any Software on any other server or wireless or Internet-based device;
reverse engineer or access the Software in order to (a) build a competitive product or service; (b) build a product using similar ideas, features, functions or graphics of the Service or Software; (c) copy any ideas, features, functions or graphics of the Service or Software; or (d) launch an automated program or script, including, but not limited to, web crawlers, web robots, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein;
attempt to gain unauthorized access to the Software or Service or its related systems or networks.
Title, ownership, and all rights (including without limitation intellectual property rights) in and to the Software and Service, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service, shall remain solely with DishDash (and its licensors, where applicable). This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by DishDash. The DishDash name, the DishDash logo, and the product names associated with the Software and Service are trademarks of DishDash or third parties, and no right or license is granted to use them.
4. Representations and Warranties
By using the Software or Service, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction which restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Without limiting the foregoing, the Service and Software is not available to children (persons under the age of 18). By using the Software or Services, you represent and warrant that you are at least 18 years old. By using the Software or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws of the location in which you are physically present while using the Software or Service. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. DishDash is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. DishDash reserves the right to terminate this Agreement should you be using the Service or Software with an incompatible or unauthorized device.
By using the Software or the Services, you agree that:
You will only use the Service or Software for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
You will not use the Service or Software to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Service or Software in any way whatsoever.
You will not copy, or distribute the Software or other content without written permission from the DishDash.
You will only use the Software and Service for your own use and will not resell it to a third party.
You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
You will provide us with whatever proof of identity we may reasonably request.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
DishDash, at its sole discretion, makes promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. DishDash may change the fees for our Service as we deem necessary for our business.
7. Refund Policy
You may contact us to request cancellation of your order up to 24 hours prior to the time you scheduled it to be delivered. Upon our agreement to cancel your order, DishDash will provide a full refund for all fees charged to you less any amount DishDash has committed to a supplier and is unable to recover. For safety reasons, after DishDash delivers your order, all Purchases are final and we cannot cancel or take back your order. Any fees which DishDash may charge you are due immediately upon delivery of your order and are non-refundable, unless otherwise agreed by DishDash in writing. This refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever.
8. Term and Termination of Agreement
This Agreement is effective upon the use of the Software or the Service. You or DishDash may terminate your participation in the Service at any time, for any reason and DishDash may prohibit your use of the Software or Service at any time in its sole discretion. The terms and conditions of this Agreement, which by their nature should survive termination, shall remain in effect at all times after you or DishDash terminate this Agreement or your participation or access to the Software or Service.
By entering into this Agreement and using the Software or Service, you agree that you shall defend, indemnify and hold DishDash, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, assigns and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (1) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; or (2) your use or misuse of the Software or Service.
10. Disclaimer of Warranties
DISHDASH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR SOFTWARE. DISHDASH DOES NOT REPRESENT OR WARRANT THAT: (a) THE USE OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (b) THE SERVICE OR SOFTWARE 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 MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (e) ERRORS OR DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED; OR (f) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND SOFTWARE ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF 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 DISHDASH. DISHDASH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Limitation of Liability
IN NO EVENT SHALL DISHDASH'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL DISHDASH AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). DISHDASH AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, EVEN IF DISHDASH AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. General Terms
This Agreement shall be governed by and construed in accordance with the laws of Singapore. Both you and DishDash agree to submit to the exclusive jurisdiction of the courts of Singapore in regards to any dispute or matter arising under this Agreement. The terms and conditions in this Agreement constitute the entire and exclusive understanding and agreement between you and DishDash regarding the Services and Software, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between you and DishDash regarding the Services or Software. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. You may not assign or transfer this Agreement, by operation of law or otherwise, without DishDash’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. DishDash may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by DishDash under this Agreement, including those regarding modifications to this Agreement, will be given: (1) by DishDash via email; or (2) by posting to the Services or Software. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. DishDash’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DishDash. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
1. Information Collected
Account Information: When you register your account, DishDash collects your name, valid email address, and password of your choice. You must also provide a delivery address and other contact information, such as a phone number, in order to facilitate deliveries. In order to make a purchase, you will need to submit your credit card or other payment information so that our service providers can process your payment.
Information DishDash Collects From Your Use of the Service or Software: DishDash collects information from your use of the Service or Software such as:
Transaction Information. When you use the Service or Software to place orders, DishDash collects information about when and where the orders occurred, a description of the orders, the payment, billing and delivery information, and information about the devices and payment methods used to complete the orders.
Location Information. When the Software is open on your mobile device, DishDash periodically receives information about the location of the device.
Device Information. DishDash collects device-specific information when you access the Service or Software, including your hardware model, operating system and version, unique device identifiers, mobile network information, and information about the device's interaction with our Service or Software. DishDash may also identify other software running on the device (but will not collect any content from such software) for anti-fraud and malware-prevention purposes.
Use Information. DishDash collects information about how you use our Service and Software, including your access times, browser information, and Internet Protocol ("IP") addresses.
Information Collected by Cookies and Web Beacons. DishDash uses various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files that are stored on your hard drive or in device memory by a website. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. DishDash may also collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. DishDash may use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
Other Information You Provide: DishDash also collects voluntarily provided information, which may include reviews, delivery instructions, subscriptions, referrals or any other actions performed on the Services or Software.
2. Use of Information
DishDash primarily uses the information DishDash collects to enable you to place orders; to facilitate delivery; and to provide, maintain, and improve our Service and Software. DishDash may use information DishDash collects to send you news and information about our Services and to communicate with you about products, services, contests, promotions, incentives, and rewards offered by DishDash and select partners. See your account settings for email and message preferences. DishDash may also use information about you to track and analyze trends and usage in connection with the Service or Software; to process and deliver contest and promotion entries and rewards; to protect our rights or property; to verify your identity; to investigate and prevent fraud or other illegal activities; and for any other purpose disclosed to you in connection with the Services or Software. DishDash may, or DishDash may use third-party service providers to, process and store personal information in Singapore and other countries.
3. Sharing of Information
DishDash may share your information with third parties and service providers to facilitate orders. This may include sending email or text messages, tracking data, processing payments (including credit card payments, reward points), and providing customer service. DishDash requires that our third parties commit to not using such information except as necessary to provide their product or services.
Your personal information is extremely important to us. Your information resides on a secure server that only selected personnel have access to. Credit card information is encrypted. In addition to our precautions, it is important that you do not share your password with anyone. Although DishDash tries its best to protect your information, DishDash cannot completely eliminate security risks associated with personal information.