1. Introduction

Welcome to the family of websites and applications provided by Kim Sang Logistic. These Terms of Use govern your access to and use of all Kim Sang Logistic Sites. By using the Kim Sang Logistic Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use. If you violate or do not agree to these Terms of Use, then your access to and use of the Kim Sang Logistic Sites is unauthorized. Additional terms and conditions apply to some services offered on the Kim Sang Logistic Sites. Those terms and conditions can be found where the relevant service is offered on the Kim Sang Logistic Sites and are incorporated into these Terms of Use by reference.

 

DEFINED TERMS: In these Terms of Use:

When we say “Kim Sang Logistic,” we mean KimSang.com.sg, and any subsidiaries of Kim Sang Stores, Inc. (including any subsidiaries that Kim Sang Stores, Inc. may form or acquire in the future). We also refer to Kim Sang Logistic as “we,” “us” and “our.” But when we say “Kim Sang Logistic Entities,” we mean Kim Sang Logistic and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.

When we say “Kim Sang Sites,” we mean www.kimsang.com.sg, and all related functionality, services, and Content offered by or for Kim Sang Logistic on or through www.kimsang.com.sg and the Kim Sang Logistic Apps or the systems, servers, and networks used to make the Kim Sang Logistic Sites available.

When we say “you” or “your” we mean any user (like you!) of any Kim Sang Logistic Site.

When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Kim Sang Logistic on the Kim Sang Logistic Sites (and any updates by Kim Sang Logistic to these Terms of Use and those terms and policies).

 

A few other key terms used in these Terms of Use:
When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)

When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Kim Sang Logistic Sites.

When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Kim Sang Logistic Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Kim Sang Logistic Sites through the tools offered by such social media platforms).
When we say “Materials,” we mean Content that Kim Sang Logistic Entities make available on or through the Kim Sang Logistic Sites, including In Store Now information.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND KIM SANG LOGISTIC ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Kim Sang Logistic’s liability explained in Sections 17 and 18, respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Kim Sang Logistic Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. By continuing to use or access any of the Kim Sang Logistic Sites after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

2. Your Use of the Kim Sang Logistic Sites
You certify that the Content you provide on or through the Kim Sang Logistic Sites is accurate and that the information you provide on or through the Kim Sang Logistic Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Kim Sang Logistic is not responsible for any losses arising out of the unauthorized use of your account. You agree that Kim Sang Logistic does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Kim Sang Logistic Sites. You agree that Kim Sang Logistic is not a party to any such agreement, nor is Kim Sang Logistic responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Kim Sang Logistic Sites or any portion of the Kim Sang Logistic Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Kim Sang Logistic Sites or any portion of the Kim Sang Logistic Sites.

In connection with the Kim Sang Logistic Sites, you will not:
Make available any Content through or in connection with the Kim Sang Logistic Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.

Make available through or in connection with the Kim Sang Logistic Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
Use the Kim Sang Logistic Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.

Harvest or collect information about users of the Kim Sang Logistic Sites.

Interfere with or disrupt the operation of the Kim Sang Logistic Sites or the systems, servers, or networks used to make the Kim Sang Logistic Sites available, including by hacking or defacing any portion of the Kim Sang Logistic Sites; or violate any requirement, procedure or policy of such servers or networks.

Restrict or inhibit any other person from using the Kim Sang Logistic Sites.

Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Kim Sang Logistic Sites except as expressly authorized in these Terms of Use, without Kim Sang Logistic’s express prior written consent.

Reverse engineer, decompile, or disassemble any portion of the Kim Sang Logistic Sites, except where such restriction is expressly prohibited by applicable law.

Remove any copyright, trademark, or other proprietary rights notice from the Kim Sang Logistic Sites.
Frame or mirror any portion of the Kim Sang Logistic Sites, or otherwise incorporate any portion of the Kim Sang Logistic Sites into any product or service, unless you obtain Kim Sang Logistic’s express prior written consent to do so.

Systematically download and store any Materials.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Kim Sang Logistic Sites, without Kim Sang Logistic’s express prior written consent.

Cause injury to any person or entity.

Violate any law, rule, or regulation, or these Terms of Use.
You will not use the Kim Sang Logistic Sites or Kim Sang Logistic’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Kim Sang Logistic trademark, logo, URL, or product name without Kim Sang Logistic’s written consent;
You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

3. Content and Ideas
A. Submitting Content and Ideas

Kim Sang Logistic provides functionality that enables users to make available Content and Ideas in connection with the Kim Sang Logistic Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Kim Sang Logistic Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. Kim Sang Logistic’s Rights to Use Content and Ideas

You grant to Kim Sang Logistic a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Kim Sang Logistic is free to use any Ideas for any purpose. Kim Sang Logistic may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Kim Sang Logistic is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Kim Sang Logistic the right to use any name associated with any Content or Idea that you make available to Kim Sang Logistic, although Kim Sang Logistic has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content

You agree that you will not make available Content in connection with the Kim Sang Logistic Sites that:

is false, fraudulent, inaccurate, or misleading;
contains your full name(s), or any other confidential personally identifiable information of yourself or others;
violates any local, state, federal, or international laws or is otherwise tortious;
is protected by or would infringe on the rights of others (including Kim Sang Logistic), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
is obscene, indecent, pornographic, or otherwise objectionable;
is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Kim Sang Logistic in its sole discretion;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Kim Sang Logistic;
contains or relates to chain letters or pyramid schemes;
impersonates another business, person, or entity, including Kim Sang Logistic, its related entities, employees, and agents;
violates any policy posted on the Kim Sang Logistic Sites; or
is intended to cause harm, damage, disable, or otherwise interfere with the Kim Sang Logistic Sites or our partners.
4. Monitoring by Kim Sang Logistic
Kim Sang Logistic will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Kim Sang Logistic Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Kim Sang Logistic from time to time. Kim Sang Logistic will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Kim Sang Logistic Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Kim Sang Logistic for all claims resulting from any Content you make available.

5. Materials Available on the Kim Sang Logistic Sites
Kim Sang Logistic and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Kim Sang Logistic Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Kim Sang Logistic Sites, we would appreciate it if you let us know by contacting us at http://help.kimsang.com.sg/. (Your feedback is a big part of what helps Kim Sang Logistic to get better at helping you!)

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.

THE Kim Sang Logistic ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

6. Merchandise
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

Kim Sang Logistic has no liability to you for content on the Kim Sang Logistic Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

Kim Sang Logistic is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Kim Sang Logistic Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Kim Sang Logistic Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Kim Sang Logistic’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

7. Third Party Sites
References on Kim Sang Logistic Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Kim Sang Logistic is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Kim Sang Logistic Sites operate or otherwise interact, nor is Kim Sang Logistic responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).

8. Placing an Order
A. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your kimsang.com.sg account, including on Kim Sang Logistic affiliated sites and properties which you access via your kimsang.com.sg account credentials. Kim Sang Logistic participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Kim Sang Logistic may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

Kim Sang Logistic reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Kim Sang Logistic also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Kim Sang Logistic for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

B. Pricing Information; Availability

Kim Sang Logistic cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Kim Sang Logistic Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Kim Sang Logistic reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Kim Sang Logistic. Kim Sang Logistic may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Kim Sang Logistic Sites or from prices available in Kim Sang Logistic.

C. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

D. Gift Cards

The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

9. Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Kim Sang Logistic Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Delivery of Products purchased from the Kim Sang Logistic Sites to addresses outside of Singapore is limited.

Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

10. Export Policy

You acknowledge that (a) goods licensed or sold on the Kim Sang Logistic Sites, and (b) any software or technology purchased, downloaded, or used from the Kim Sang Logistic Sites, are subject to the customs and export control laws and regulations of Singapore and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from Singapore without a license.

11. Intellectual Property
The Kim Sang Logistic Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Kim Sang Logistic, and are protected by the respective laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Kim Sang Logistic to use the Kim Sang Logistic Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner.

No license, right, title, or interest in the Kim Sang Logistic Sites or any Materials is transferred to you as a result of your use of the Kim Sang Logistic Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Kim Sang Logistic Sites. The Kim Sang Logistic Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Kim Sang Logistic Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Kim Sang Logistic Sites and Materials is the exclusive property of Kim Sang Logistic and is also protected by U.S. and international copyright laws.

Kim Sang Logistic, Kim Sang, the kimsang.com.sg names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Kim Sang Logistic Sites are trademarks or trade dress of Kim Sang Logistic in the U.S. and other countries. All other marks are the property of their respective companies.

12. Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Kim Sang Logistic Sites in a way that constitutes copyright infringement, please contact us with proof of copyright ownership.

13. Privacy
You acknowledge that any personal information that you provide through the Kim Sang Logistic Sites will be used by Kim Sang Logistic in accordance with Kim Sang Logistic’s Privacy Policy, which may be updated by Kim Sang Logistic from time to time. If you purchase an item on kimsang.com.sg sold by a Marketplace Retailer or a Kim Sang Logistic supplier, Kim Sang Logistic may share certain information with that Marketplace Retailer or supplier to permit the Marketplace Retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.

You authorize your Internet Service Provider to disclose to Kim Sang Logistic and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the Kim Sang Logistic Privacy Policy for how Kim Sang Logistic treats your data.

14. Third-Party Software & Licensing Notices
The Kim Sang Logistic Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”).

15. Promotions
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Kim Sang Logistic Sites may be governed by rules that are separate from these Terms of Use.

16. Terms Applicable to Special Kim Sang Logistic Services

A.Kim Sang Logistic Marketplace

Kim Sang Logistic operates an online marketplace program on the Kim Sang Logistic Sites which enables Marketplace Retailers to sell their products alongside Kim Sang Logistic products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer (the “Kim Sang Logistic Marketplace”). Any use of the Kim Sang Logistic Marketplace is subject to the following additional terms:

When we say “Marketplace Retailer,” we mean any entity or retailer that sells goods or services in the Kim Sang Logistic Marketplace through the Kim Sang Logistic Sites, uses any order processing, fulfillment, shipping, or other services related to the Kim Sang Logistic Marketplace provided by or for Kim Sang Logistic, or uses any platform, portal, web service, application, interface, or other tool provided by or for Kim Sang Logistic in connection with the Kim Sang Logistic Marketplace.
By purchasing a product from any of our Marketplace Retailers, you acknowledge that all Kim Sang Logistic Marketplace orders will be fulfilled by the third party Marketplace Retailer and not Kim Sang Logistic. The Marketplace Retailer (and not Kim Sang Logistic) will be responsible for all processing, shipping, returns, and customer service related to your Kim Sang Logistic Marketplace order. Products purchased from a Marketplace Retailer can only be returned to that Marketplace Retailer in accordance with its return policy and cannot be returned to Kim Sang Logistic stores or kimsang.com.sg. Each Marketplace Retailer’s shipping information, return policy, customer service information, and Marketplace Privacy Policy can be found on that Marketplace Retailer’s Seller Information page.

To the fullest extent provided by applicable law, Kim Sang Logistic has no responsibility or liability for any Marketplace Retailer or their products.

B. eReceipts

Certain Kim Sang Logistic Sites may permit or require the use of electronic receipts (“eReceipt”) for purchases made by you through a mobile device or other electronic device. Your eReceipt is a digital copy of your Kim Sang Logistic in-store purchase receipt. Any use of the Kim Sang Logistic eReceipt service is subject to the following additional terms:
To register for eReceipts, you must first have an account with kimsang.com.sg. kimsang.com.sg accounts are subject to these Terms of Use. If you initiate the registration process for eReceipts at the cash register, you will be required to enter a mobile number into the PIN pad and then validate your mobile number via a text message. By registering for Kim Sang Logistic eReceipts, you consent to receive an automated text message and accept any message and data rates that may apply for receipt of a text message.
There is no charge from us to use Kim Sang Logistic eReceipts, but your data service provider’s message and data charges may apply. Kim Sang Logistic and text message carriers are not liable for delayed or undeliverable messages.
All information provided to Kim Sang Logistic by users of the Kim Sang Logistic eReceipts will be subject to our Privacy Policy.
We may alter, suspend, or terminate your use of Kim Sang Logistic eReceipts at any time at our discretion, without notice to you. We are not responsible for any losses associated with your inability to access the Internet and/or Kim Sang Logistic eReceipts. Requesting an eReceipt at the register will not automatically submit your eReceipt. Use of the Kim Sang Logistic eReceipts service is subject to all applicable laws and regulations.

C. Kim Sang Logistic Online Grocery Services
Any use of the Kim Sang Logistic Grocery service is subject to the following additional terms:

i. Orders
Once you have placed an order for Kim Sang Logistic online grocery services, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
There may be a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For grocery orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.
We may, in our discretion, provide you with a refund in certain circumstances.

We will not provide you a refund for certain goods which by nature cannot be returned. Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products, etc.).
Notwithstanding the foregoing, all refunds will be subject to our discretion.

ii. Kim Sang Logistic Online Grocery Services Delivery
We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date. Kim Sang Logistic will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.
We can only deliver to an address stored in your address book in your account on the Kim Sang Logistic Grocery Site.
iii. Kim Sang Logistic Online Grocery Services Pricing
Pricing for Kim Sang Logistic Grocery items will be the same prices as if you shopped in the store that packs and delivers the items. If an item’s price changes between the time you place your order and the day your order is packed for delivery, we will charge you the lower price. If you have chosen to allow substitutions for your order, and substitutions are made, you will also be charged for the lower priced item. Please note that due to differences in distribution, regional competition, and other factors, prices may vary between stores, and so the prices you see online may not match all stores, only the store where your order is packed. Kim Sang Logistic Grocery does not match prices from other online or physical stores, or Kim Sang Logistic stores other than the one where your items are picked and packed.
iv. Kim Sang Logistic Online Grocery Services Promotion Codes
Kim Sang Logistic Grocery Promotion Codes (“Grocery Promo Codes”) are valid only on orders placed for Kim Sang Logistic online grocery services, subject to the terms of this Section. Your use of a Grocery Promo Code indicates your agreement to be bound by these Terms of Use and any Grocery Promo Code terms on the promotion offer itself. Kim Sang Logistic will only honor a Grocery Promo Code if it is used in accordance with all applicable terms.
Only promotional codes issued by Kim Sang Logistic can be used for Kim Sang Logistic online grocery services. Grocery Promo Codes cannot be used in Kim Sang Logistic stores. Grocery Promo Codes issued by Kim Sang Logistic are, and will remain, the property of Kim Sang Logistic and are not transferable, cannot be resold, and have no cash value unless otherwise stated. Grocery Promo Codes may not be used for alcohol purchases.
Grocery Promo Codes can be added to your Kim Sang Logistic online grocery order by entering the code at checkout or by selecting a saved offer in checkout. To apply a Grocery Promo Code to your order, you must select it in the “Review Order” section at checkout. Use of a Grocery Promo Code may be subject to you providing proof of entitlement to use the Grocery Promo Code.
All Grocery Promo Codes have an expiration date after which they cannot be used for any order. Grocery Promo Code values may be adjusted if the total discount value is greater than the value of your order.
We reserve the right to withdraw or cancel any Grocery Promo Code at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the Grocery Promo Codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a Grocery Promo Code where fraud or misuse is suspected. You will have no claim against Kim Sang Logistic in connection with such rejection or cancellation of a Grocery Promo Code. Kim Sang Logistic will not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any Grocery Promo Code or any failure or inability of a customer to use a Grocery Promo Code for any reason.
Grocery Promo Codes may not be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient. By using a Grocery Promo Code, you warrant that you are the duly authorized recipient of it.
v. Kim Sang Logistic Online Grocery Delivery Unlimited
Kim Sang Logistic Online Grocery Delivery Unlimited (“Delivery Unlimited”) benefits are dependent upon inventory availability, available delivery time slots, and in some cases, the delivery address. Delivery Unlimited-eligible orders are limited to items sold through www.grocery.kimsang.com.sg or the Kim Sang Logistic Grocery application. We may also exclude products with special delivery characteristics at our discretion. For more information about the details of Delivery Unlimited, see Delivery Unlimited FAQs, available at https://grocery.kimsang.com.sg/delivery-unlimited-faq.
Cancellation. You may cancel Delivery Unlimited by calling Kim Sang Logistic Customer Care at (800) 924-9206, or through your Kim Sang Logistic Grocery Account. There are no refunds for Delivery Unlimited fees paid, except as expressly provided in these Terms. If you cancel, you can continue to use Delivery Unlimited benefits until the end of your paid term.
Free Trial Offers: You may cancel Delivery Unlimited at any time during your 15-day free trial. If you cancel during the free trial period, you will not be able to use Delivery Unlimited, and will lose the benefits of the free trial immediately.
Auto – Renewal. YOU MAY SELECT EITHER A ONE-MONTH OR A ONE-YEAR DELIVERY UNLIMITED TERM (“TERM”). YOU WILL BE CHARGED IMMEDIATELY FOR THE INITIAL TERM. FOLLOWING THE INITIAL TERM, YOUR DELIVERY UNLIMITED SUBSCRIPTION WILL AUTOMATICALLY RENEW, AND WE WILL CHARGE ANY CREDIT OR DEBIT CARD WE HAVE ON FILE FOR YOU FOR AN ADDITIONAL TERM AT THE FEE THEN IN EFFECT PLUS ANY APPLICABLE TAXES ON A RECURRING BASIS WITHOUT FURTHER NOTICE TO YOU (EXCEPT TO THE EXTENT THAT NOTICE IS REQUIRED BY APPLICABLE LAW) UNLESS AND UNTIL YOU NOTIFY Kim Sang Logistic OF YOUR DESIRE TO CANCEL YOUR SUBSCRIPTION BY FOLLOWING THE DELIVERY UNLIMITED CANCELLATION PROCESS DESCRIBED IN THE PARAGRAPHS ABOVE.

17. Disclaimer of Warranties
THE Kim Sang Logistic SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Kim Sang Logistic SITES, ARE PROVIDED BY Kim Sang Logistic ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO Kim Sang Logistic ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Kim Sang Logistic SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Kim Sang Logistic SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE Kim Sang Logistic ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE Kim Sang Logistic ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE Kim Sang Logistic SITES. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE Kim Sang Logistic SITES IS AT YOUR SOLE RISK. THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY Kim Sang Logistic TO YOU THROUGH THE Kim Sang Logistic SITES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE Kim Sang Logistic SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE Kim Sang Logistic SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO Kim Sang Logistic ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE Kim Sang Logistic SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

18. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, Kim Sang Logistic WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE Kim Sang Logistic SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A Kim Sang Logistic ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO Kim Sang Logistic ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE Kim Sang Logistic SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO Kim Sang Logistic ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE Kim Sang Logistic SITES.

19. Indemnification
You agree to defend (at Kim Sang Logistic’s option), indemnify, and hold the Kim Sang Logistic Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Kim Sang Logistic Sites or any breach by you of these Terms of Use. Kim Sang Logistic reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Kim Sang Logistic if and as requested by Kim Sang Logistic in the defense and settlement of such matter.

20. Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Kim Sang Logistic Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Kim Sang Logistic will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

21. Termination
These Terms of Use are effective unless and until terminated by either you or Kim Sang Logistic. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Kim Sang Logistic Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Kim Sang Logistic Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Kim Sang Logistic, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Kim Sang Logistic Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the Kim Sang Logistic Sites,” “Content and Ideas,” “Monitoring by Kim Sang Logistic,” “Materials Available on the Kim Sang Logistic Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with Kim Sang Logistic,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

22. General
These Terms of Use represent the complete agreement and understanding between you and Kim Sang Logistic and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Kim Sang Logistic. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of Kim Sang Logistic to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Kim Sang Logistic’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Kim Sang Logistic Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.