GENERAL TERMS AND CONDITIONS FOR USING DROPFOODS VENDING MACHINES

These General Terms and Conditions of SUGARV COMPANY LIMITED govern the Customer’s use of Dropfoods Machines and the Customer should read them carefully. By using Dropfoods Machines or submitting an order for products and/or services from Dropfoods Machines, the Customer agrees to abide by these General Terms and Conditions of SUGARV COMPANY LIMITED set out below.

I. DEFINITIONS AND INTERPRETATIONS

1. Definitions

Unless the context otherwise requires, the following terms used in these General Terms and Conditions of SUGARV COMPANY LIMITED have the following meanings:

a) "Company" refers to SUGARV COMPANY LIMITED, a company incorporated under the laws of Vietnam and having its principal place of business at Room 1006, 10th Floor Citilight Tower, No. 45 Vo Thi Sau Street, Da Kao Ward, District 1, Ho Chi Minh City, Vietnam;

b) "Dropfoods" refers to the Company’s vending machine brand;

c) "Machine" refers to Dropfoods vending machine as managed by the Company;

d) "Customer" means any person or entity to whom the Company has sold its products and/or services on Machine;

e) "Supplier" means any entity that provides goods and/or services to the Company;

f) "VND" means Vietnamese Dong being the legal currency of Vietnam;

g) "these General Terms and Conditions" refers to these General Terms and Conditions for using Dropfoods Machines of SUGARV COMPANY LIMITED, as amended or supplemented at the relevant time.

2. Gender, Number and Headings

Whenever any words are used herein in the masculine gender, they shall be construed as though they were also used in the feminine gender in all cases where they would so apply, and wherever any words are used herein in the singular form, they shall be construed as though they were also used in the plural form in all cases where they would so apply. Headings of Sections and Subsections are inserted for convenience of reference, constitute no part of these General Terms and Conditions and are not to be considered in the construction of these General Terms and Conditions.

II. PRODUCTS, SERVICES AND PRICES

1. Products and Services

i) Title to products

The Machine offers a wide range of products and/or services to best serve Customers, including without limitation, snacks, confectionery, food and beverages.

The title and ownership of the product and/or service (excluding any Intellectual Property) shall pass from the Supplier to the Company upon payment in full. The title and ownership of the product and/or service shall remain solely with the Company at all times until the products are paid for in full by the Customer.

Food hygiene and safety to products and/or services

The Company shall engage Suppliers that have complied and remain in compliance, in each case in all material respects, with all requirements on food hygiene and safety under Vietnamese laws. Any product as dispensed by Machine is in compliance with the Suppliers’ guidelines. The Company will perform all necessary measures to ensure whatever product is purchased safely and in perfect condition.

Given that the Company shall engage suppliers that have complied with the relevant food hygiene and safety regulations, the Company shall not be responsible for any incidents pertaining to the consumption of the products sold by the Company, including but not limited to any food poisoning and diarrhea. In such circumstances, the Customer shall contact directly the Supplier to resolve any disputes.

2. Prices

The Company maintains competitive pricing for all products and/or services, and shall be entitled, in its sole discretion, to change the pricing of any of its products and/or services offered. The price for the products and/or services shall be the price specified in the purchase order and shall be paid to the Company in the amount as indicated therein. Unless expressly stated to the contrary in the purchase order:

a) the price shall be exclusive of VAT and shall include standard packaging, delivery and installation (where applicable); or

b) no additional charges of whatever nature shall be recoverable from the Company unless the Supplier has, prior to the execution of the purchase order, obtained the Company’s agreement in writing on such additional charges.

Products and/or services and their prices are valid only at the time of purchase and subject to change without any prior notice.

III. CHANGE NOTES AND REFUND POLICY

1. Change notes

The currency and denomination accepted by the Machine shall be in VND 10,000 notes. In circumstances where the Customer has VND 5,000 or VND 15,000 notes, the Customer is able to choose one of three following solutions:

a) Purchasing additional items;

b) Inserting another VND 5,000 note to receive VND 10,000 change; or

c) Saving the Customer’s change into our Dropfoods App (where applicable).

2. Refund policy

In circumstances where the transaction of the products and/or services dispensed by the Machine cannot proceed due to technical issues faced by the Machine, the Customer may call the Company’s hotline (84) 28 6290 6066 for assistance.

The Company shall only refund money lost in the Machine to the Customer as provided that (i) the Customer has complied fully with the instructions of use displayed on the Machines, and (ii) the Company has received a refund request from the Customer within 3 working days from the date of event occurrence. Other cases will not be considered for refund.

IV. DATA PRIVACY

By using Machine, the Customer agrees that the Company may hold, collect, and/or record data on purchases and transaction behavior of the Customer. These data are solely for the Company’s data analytics and business purposes and will not be shared or disclosed to any third party for direct marketing purposes or for reasons unrelated to the Company’s business except in cases where such disclosure is required under law.

V. VANDALISM AND THEFT

The Company commits to providing the best customer experience by using state of the art vending machines with touch screens. Any vandalism and/or theft (including without limitation, bang on, shake, tilt, and hit Machine even if a product is stuck, or play with the power cords attached to the Machines) will be referred to the relevant authorities for prosecution under Vietnamese laws.

VI. LIMITATIONS OF LIABILITIES

The Company shall not be liable for:

  • faults, loss or damages suffered arising from or in connection with the Customer's misuse of the Machines;
  • any losses or expenses incurred by the Customer for any failure of operations howsoever caused if the Machine is not functioning in whole or in part and is awaiting mechanical attention;
  • loss or damage caused by water leaking from the machine howsoever caused;
  • the supply or fitting of water-supply pipeline filters after the initial installation of the products;
  • any failure or delay in performing the Company’s obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to power failure, internet failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

VII. EMERGENCY CONTACTS

In cases of any question or problem regarding to the Machine, the Customer can contact with:

  • State management agencies; and/or
  • Company in its hotline (84) 28 6290 6066 or nguyet.vu@sugar.sg

VIII. GOVERNING LAW AND DISPUTE RESOLUTION

a) Governing law

These General Terms and Conditions shall be governed by, and construed in accordance with, the laws of Vietnam.

b) Dispute resolution

The parties shall make a good faith attempt to resolve any dispute arising out of or relating to these General Terms and Conditions and the use of the Machines through negotiations between their appointed representatives. In circumstances where such negotiations do not resolve the dispute within 30 days of receipt of a written invitation to negotiate, such dispute shall be finally and exclusively settled by the courts of Vietnam.