Terms & Conditions
For Flat Rate : $7.99 (Up to 10kg or 1 carton of Breeze or Top or Dynamo Detergent only) orders will be rejected if flat rate is chosen for orders above10kg, Kindly choose weight base delivery. thank you for your understanding.
Terms of Use
Please read these Terms of Use carefully (including our Security & Privacy Policy (http:// http://www.redtomatoes.com.sg/Privacy-Policy) before using our website www.RedTomatoes.com.sg (“Site”), our Red Tomatoes software or mobile application (“App”) and/or our Services (defined below), so thatyou are aware of your legal rights and obligations with respect to Red Tomatoes Limited (“Red Tomatoes”, “we”, “our” or “us”).
By accessing this Site, App and/or using the Services, you hereby agree:
(i) that you have read and agree to be legally bound by these Terms of Use
(ii) that you are the user of the Site, App and/or Services and are 18 years or above. Alcohol listings on the Site, App or Services are intended for those who are 18 years or above, and may only be purchased by those who are 18 years and above.
If you do not accept these Terms of Use, please leave the Site, App and/or discontinue use of the Services immediately.
Red Tomatoes may at any time vary or amend these Terms of Use by posting the amended Terms of Use on the Site or through the App. Any use of the Site, App or Services after the amendment of these Terms of Use is deemed acceptance of the amended Terms of Use by you. If you do not agree to the amended Terms of Use, you have the right to stop using the Site, App and Services.
1 Site, App and Services
1.1 The Site and App is owned and maintained by Red Tomatoes.
1.2 Red Tomatoes operates an online Personal care/Home Care store through the Site or App, 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 Personal care/Home care products:
1.2.1 access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;
1.2.2 search engines or tools;
1.2.3 blogs, message boards, communication tools;
1.2.4 email or message alerts; and
1.2.5 any other services, features, content or applications that Red Tomatoes may offer through the Site or App from time to time in our sole and absolute discretion.
1.3 Red Tomatoes reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site or App at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services, App or Site without notice or liability.
2 Licence
2.1 Red Tomatoes hereby grants you a personal, non-exclusive and non-transferable licence to use the Site and/or App, and access and use the Services available via the Site and/or App, subject to the terms set out in these Terms of Use.
2.2 You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
2.2.1 any Service;
2.2.2 the Site or App;
2.2.3 any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site, App or Services (collectively, “Content”),
except, to the extent permitted, with the prior written consent of Red Tomatoes or unless expressly permitted in these Terms of Use.
2.3 Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, App, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Red Tomatoes.
2.4 The Site, App and all Content are the copyrighted work of Red Tomatoes or our content or software providers, and Red Tomatoes reserves and retains all rights in the Site, App and Content.
2.5 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 Red Tomatoes in writing.
2.6 You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, App, 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.
3 Account Information
3.1 To access certain parts of the Site, App or Services, you will be required to sign-up for an account with Red Tomatoes (“Account”) and select a user name ("User Name") and password ("Password").
3.2 You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. You agree not to:
3.2.1 share or permit others to use your Account or Password; or
3.2.2 assign or transfer your Account to any other person or entity.
3.3 You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. Red Tomatoes 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 us at: enquires@redtomatoes.com.sg
3.4 Each household or delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.
3.5 Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking here.
3.6 Where a delivery address is associated with multiple Account(s) without our written authorisation, or 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:
3.6.1 cancel any orders placed through such Account(s);
3.6.2 cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s);
3.6.3 prohibit such Account(s) or persons from participating in any promotions, contests or surveys of Red Tomatoes; and/or
3.6.4 merge, suspend and/or terminate Account(s).
4 Pricing ,Order & Payments
4.1 Delivery areas
We are partnering with Qxpress for the delivery of your orders.
At present, Qxpress delivers to most areas in mainland Singapore, but not certain areas. To find out if Red Tomatoes delivers to your area, please click http://www.qxpress.asia/eng/html/customer_faq.html?page=2.
Red Tomatoes will only process and accept orders within our delivery coverage.
4.2 Orders
4.2.1 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 of Use. All orders shall be subject to acceptance by Red Tomatoes. Processing of payment for an order shall not in itself constitute acceptance of the order by Red Tomatoes, provided that where an order for any product(s) is rejected or cancelled by Red Tomatoes, any payment made for such order shall be reversed or refunded by Red Tomatoes in accordance with our prevailing refund policy at such time.
4.2.2 All orders made by you are subject to stock availability. Red Tomatoes 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, damaged or spoilt, or unavailable for any other reason.
4.3 Product Information, Pricing and Payment
4.3.1 Red Tomatoes endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete. You agree that Red Tomatoes shall not be liable for any errors in the pricing and product or promotional information listed on our Site, App 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 be correctly reflected on the Site, App or through our Services.
4.3.2 If the actual price of any item ordered by you is higher than that reflected on the Site, App 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.
4.3.3 Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:
(i) in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and
(ii) in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.
(iii) All product prices are shown in Singapore dollars and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
4.3.4 Payment for all orders shall be made in Singapore dollars.
4.3.5 We accept payment for orders by MasterCard, Visa and Paypal only. Kindly note that Paypal currently accepts MasterCard, Visa, American Express and Discover cards, and the credit/debit cards and payment methods accepted by Paypal is subject to change.
4.3.6 By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
5 Voucher Codes ,Promotionsand other programmes and privileges
5.1 From time to time Red Tomatoes 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 of Use.
5.2 Promotions, contests, privileges and programmes are only valid for the time period specified by Red Tomatoes.
5.3 The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):
5.3.1 Each Voucher Code is only eligible for a single use and is only valid for the time period specified by Red Tomatoes.
5.3.2 The Voucher Codes may only be redeemed by purchasing certain products from Red Tomatoes during the applicable validity period. Unless otherwise stated, Voucher Codes do not apply to the following:
5.3.3 Use of any Voucher Code must be indicated at the time of checkout, and all information required by Red Tomatoes must be provided. No retroactive use of the Voucher Code is permitted.
5.3.4 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.
5.3.5 A minimum spend may be required before use of the Voucher Code is permitted.
5.3.6 Voucher Codes cannot be refunded, redeemed or exchanged for cash.
5.3.7 Resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by Red Tomatoes, may be purchased by you and given to others.
5.3.8 No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.
5.3.9 Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
5.3.10 Red Tomatoes reserves the right to verify the validity of any Voucher Code and to declare null and void, any Voucher Code which in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
5.3.11 Red Tomatoes 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 or through the App.
5.4 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.
5.5 Where you are permitted to return any product to Red Tomatoes for a refund 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 related.
5.6 Red Tomatoes's decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.
5.7 Red Tomatoes reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.
6 Deliveries
6.1 Delivery slots are subject to availability.
6.2 Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled. “Bulk order” means an order for any product that comprises quantities of beyond 60 units, unless otherwise stated in writing by Red Tomatoes. Please contact us enquires@redtomatoes.com.sg to place a bulk order.
6.3 Red Tomatoes will endeavour to deliver the products 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 which may result in early or delayed deliveries. You agree that Red Tomatoes shall not be liable for any deliveries made outside the delivery time frame.
6.4 Please notify Red Tomatoes immediately of any change 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$10.00.
6.5 Where you specifically instruct Red Tomatoes to leave your delivery outside the door of the specified delivery address, such delivery shall be at your sole risk and you accept all liability and risk of loss, theft and damage. For all other deliveries, please arrange for someone to receive the delivery and sign off the delivery invoice or device.
6.6 If the delivery includes any other age-restricted items, which may not be delivered to a minor, please ensure a person of 18 years of age or older with appropriate identification is present to take delivery of the alcoholic drinks or other items. Red Tomatoes reserves the right not to deliver any age-restricted product to anyone who is, or appears to be under, the age of 18 years old, and to charge the Customer an additional re-delivery fee of S$10.00.
6.7 If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, Red Tomatoes reserves the right to reschedule or cancel the delivery and charge you a re-delivery or cancellation fee of S$10.00.
6.8 If there is any damaged or incorrect product (s) (including delivery of additional product(s) not ordered by you), please contact us within 24 hours at enquires@RedTomatoes.com.sg Red Tomatoes 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).
6 Intellectual Property
6.1 The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, the App and all Content shall vest in and remain with Red Tomatoes and its licensors.
6.2 The trademarks, logos and service marks ("Marks") displayed on this Site or App are the property of Red Tomatoes and other third parties, and all rights to the Marks are expressly reserved by Red Tomatoes and relevant third parties. You are not permitted to use the name of Red Tomatoes or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of Red Tomatoes or such third party.
6.3 The domain name on which the Site is hosted on is the sole property of Red Tomatoes and you may not use or otherwise adopt a similar name for your own use.
7 Deliveries
7.1 Delivery slots are subject to availability.
7.2 Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled. “Bulk order” means an order for any product that comprises quantities of beyond 60 units, unless otherwise stated in writing by Red Tomatoes. Please contact us enquires@redtomatoes.com.sg to place a bulk order.
7.3 Red Tomatoes will endeavour to deliver the products 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 which may result in early or delayed deliveries. You agree that Red Tomatoes shall not be liable for any deliveries made outside the delivery time frame.
7.4 Please notify Red Tomatoes immediately of any change 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$10.00.
7.5 Where you specifically instruct Red Tomatoes to leave your delivery outside the door of the specified delivery address, such delivery shall be at your sole risk and you accept all liability and risk of loss, theft and damage. For all other deliveries, please arrange for someone to receive the delivery and sign off the delivery invoice or device.
7.6 If the delivery includes any other age-restricted items, which may not be delivered to a minor, please ensure a person of 18 years of age or older with appropriate identification is present to take delivery of the alcoholic drinks or other items. Red Tomatoes reserves the right not to deliver any age-restricted product to anyone who is, or appears to be under, the age of 18 years old, and to charge the Customer an additional re-delivery fee of S$10.00.
7.7 If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, Red Tomatoes reserves the right to reschedule or cancel the delivery and charge you a re-delivery or cancellation fee of S$10.00.
7.8 If there is any damaged or incorrect product (s) (including delivery of additional product(s) not ordered by you), please contact us within 24 hours at enquires@RedTomatoes.com.sg Red Tomatoes 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).
8 Feedback, Comments and Other Information
8.1 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. Red Tomatoes reserves the right (but not the obligation) to review, remove or edit such content.
8.2 You hereby grant Red Tomatoes a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site or App, for any purpose as Red Tomatoes may require at its sole discretion. You further agree that Red Tomatoes may use and publish your name in connection with such Comments.
8.3 If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site or App, please contact us at help@Red Tomatoes.com.
9 Limitations & Disclaimers
9.1 While we make every effort to ensure that the Site, App, Services and all Content is accurate and complete, we provide the Site, App, 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, Red Tomatoes 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, Red Tomatoes does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device. Red Tomatoes does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the App in terms of their correctness, accuracy, completeness, reliability, or otherwise.
9.2 You agree that:
9.2.1 Red Tomatoes 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, App or Services without assigning any reason; and
9.2.2 access to or the operation of the Site, the App 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 in any such event, Red Tomatoes shall not be liable for any loss, liability or damage which may be incurred as a result.
9.3 In no event shall Red Tomatoes be liable to you for any 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, the App, Content or any other website or device. In the event that Red Tomatoes is liable for damages despite the foregoing provision, you agree that Red Tomatoes’s aggregate liability to you for any and all causes of action in relation to:
9.3.1 any order, sale or delivery of any product by Red Tomatoes under these Terms of Use shall not exceed the price of the product giving rise to such claims; and
9.3.2 in all other cases (including any use of the Site, App or Services), shall not exceed S$1.
9.4 In no event shall Red Tomatoes be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site, App or Content, or your use of, or the inability to use, the Services, Site, App, Content or any other website or device, even if Red Tomatoes or a Red Tomatoes authorised representative has been advised of, or should have foreseen, the possibility of such damages.
9.5 You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by Red Tomatoes at either reasonable costs or no costs to you.
10 Linked Sites
10.1 Red Tomatoes may provide links, plug-ins, widgets or other connections to other sites ("Linked Sites") that may be of relevance and interest to users. Red Tomatoes has 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. Red Tomatoes does not endorse, recommend or guarantee any of the Linked Sites, and Red Tomatoes expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.
11 Termination & Suspension
11.1 You agree that Red Tomatoes has the right in its sole and absolute discretion and without notice or liability to:
11.1.1 restrict, suspend, or terminate your access to all or any part of the Site, App or Services; and/or
11.1.2 terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account,
without assigning any reason.
11.2 Without prejudice to the generality of the above, Red Tomatoes reserves the right to deactivate your Account if it has been inactive for a period of 10 years or more, or if you are in breach of any of our Terms of Use.
12 Security & Privacy
12.1 Red Tomatoes 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 (http://about.Red Tomatoes.com/privacy).
12.2 Please do not submit any personal information or data without first reading our Security & Privacy Policy (http://about.Red Tomatoes.com/privacy) which explains our data use and privacy practices in detail.
13 Notification of Infringement
13.1 Red Tomatoes reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, App, 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, App or Services, please notify Red Tomatoes in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
13.2 All Infringement Notices shall be sent to Red Tomatoes addressed as follows:
Red Tomatoes (S) Pte Ltd
Email address: enquires@RedTomatoes.com.sg
Attn: Relation Manager
13.3 Red Tomatoes 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 Red Tomatoes in respect of any Infringing Material, unless you have first given Red Tomatoes the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Red Tomatoes refuses or fails to remove the Infringing Material within a reasonable time. Where Red Tomatoes removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Red Tomatoes under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Red Tomatoes.
13.4 You acknowledge and agree that Red Tomatoes 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.
14 Jurisdictional Issues
14.1 The Site, App and Services are meant for use by residents of Singapore only. Red Tomatoes makes no representation that the Services and Contents of the Site or App are appropriate or available for use in your location. Those who choose to access this Site or App 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.
15 Indemnity
15.1 You agree to indemnify and hold Red Tomatoes, 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:
15.1.1 any use of the Site, App or any Service;
15.1.2 your connection to the Site or App;
15.1.3 your breach of any terms and conditions of these Terms of Use;
15.1.4 your violation of any rights of another person or entity; or
15.1.5 your breach of any statutory requirement, duty or law.
16 Severability
16.1 If any provision of these Terms of Use 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 of Use shall continue in force save that such provision shall be deemed to be deleted.
17 Governing Law & Jurisdiction
20.1 These Terms of Use and all matters relating to your access to, or use of, the Site, App 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.
20.2 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.
18 Relationship of Parties
17.1 Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between Red Tomatoes and you and neither party shall have any authority to bind the other in any way.
19 Waiver
18.1 No waiver of any rights or remedies by Red Tomatoes shall be effective unless made in writing and signed by an authorised representative of Red Tomatoes.
18.2 A failure by Red Tomatoes to exercise or enforce any rights conferred upon us by these Terms of Use 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.
20 Force Majeure
19.1 No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
19.2 For purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use. Such circumstance or event shall include strikes, lockouts, industrial action or labour disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party.