Terms and conditions
The Platforms may be used by (i) natural person(s) who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.
Brawn & Brains Coffee Pte Ltd reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
1 Use of the Platform
1.1 When you place an order with Brawn & Brains Coffee Pte Ltd, Brawn & Brains Coffee will confirm your order by sending you a confirmation email containing the order receipt.
1.2 You will need to register for a Brawn & Brains Coffee account for you to use the Platform. When you register for a Brawn & Brains Coffee account, we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase/ place an order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. For cases of fraud or abuse which are not your fault, you accept that all orders placed under your Brawn & Brains Coffee account are your sole responsibility.
1.3 Brawn & Brains Coffee Pte Ltd shall not be liable for orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the order, including your delivery address and contact information.
2 Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Brawn & Brains Coffee Pte Ltd and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Brawn & Brains Coffee Pte Ltd's trademarks on any other website not approved by us is strictly prohibited.
Brawn & Brains Coffee Pte Ltd will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Brawn & Brains Coffee Pte Ltd neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Brawn & Brains Coffee Pte Ltd.
3.1 Placing the order
3.1.1 When you place an order with Brawn & Brains Coffee Pte Ltd, Brawn & Brains Coffee Pte Ltd will confirm your order by sending you a confirmation email containing the order receipt. Where applicable, orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
3.1.2 Minimum Order Value - Brawn & Brains Coffee Pte Ltd may require a minimum order value (“MOV”) before an order can be placed and delivered to you. Where an applicable order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more goods to your order.
3.1.3 Special Instructions – Brawn & Brains Coffee Pte Ltd reasonably endeavour to comply with your special instructions for an order. However in some cases where this is not feasible, possible or commercially reasonable, Brawn & Brains Coffee Pte Ltd reserves the right to proceed to prepare the order in accordance with standard operating procedures. Brawn & Brains Coffee Pte Ltd shall be responsible to replace or refund an order which does not conform to special instructions provided by you.
3.1.4 Allergens – Brawn & Brains Coffee Pte Ltd is not obligated to provide ingredient information or allergen information on the Platforms. Further, Brawn & Brains Coffee Pte Ltd does not guarantee that the goods sold are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact Brawn & Brains Coffee Pte Ltd before placing an order.
3.2 Cancelling an order
3.2.1 Please contact us immediately via Whatsapp +65 9666-9719 ( 100 Guillemard) or +65 8636-5131 ( 218 East Coast Road) if you wish to cancel your order after it has been placed. You have the right to cancel your order provided that Brawn & Brains Coffee Pte Ltd have not yet accepted your order.
(i) Online Payment Orders
You have the right to a refund for a cancelled order only if Brawn & Brains Coffee Pte Ltd has not yet accepted and confirmed your order. Should you still decide to cancel your order after it has been accepted by Brawn & Brains Coffee Pte Ltd, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled order.
3.4 Brawn & Brains Coffee Pte Ltd reserves the right to cancel any order and/or suspend, deactivate or terminate your Brawn & Brains Coffee account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Brawn & Brains Coffee account and/or with your order.
4 Prices and Payments
4.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets).
4.2 The way we display the prices of our Goods may vary and the prices reflected on our Platform may:
4.2.1 include GST, VAT or such other equivalent tax; or
4.2.2 exclude GST, VAT or such other equivalent tax.
A breakdown of the prices and additional charges are displayed before Checkout. When you place an order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
4.3 Delivery fees are chargeable on every order unless:
4.3.1 You opt to collect your order directly from Brawn & Brains Coffee Pte Ltd store location (100 Guillemard Road or 218 East Coast Road) (“Self Pick-Up”);
4.3.2 You have a valid promotional or discount voucher and apply it at Checkout; or
4.3.3 Unless stated otherwise.
4.4 Prices indicated on the Platforms are as at the time of each order and may be subject to change.
4.5 You can choose to pay for an order using any of the different payment methods offered on the Platforms including:
4.5.1 Our payment partners: Visa, Mastercard, Google Pay, PayPal, Apple Pay;
4.5.2 Such other payment method we offer from time to time.
4.6 After an order is successfully placed, you will receive an email confirmation from Brawn & Brains Coffee Pte Ltd with your order receipt. Delivery fees will not appear in your order receipt if you opt for Self Pick-Up.
4.7 Payment Methods
4.7.1 Brawn & Brains Coffee Pte Ltd reserves the right to offer additional payment methods and/or remove existing payment methods at anytime in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. Brawn & Brains Coffee Pte Ltd does not store your credit card or payment information.
4.8 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an order. Insofar as required. Brawn & Brains Coffee Pte Ltd takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
5 Delivery and Self Pick-Up
5.1 Delivery Areas
You understand that Brawn & Brains Coffee Pte Ltd offer their Goods in specific delivery areas and may vary from delivery area to delivery area. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
5.2 Delivery Time
5.2.1 Brawn & Brains Coffee Pte Ltd shall deliver your order to the delivery address provided by You. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You may refer to the delivery timings we have provided. You acknowledge that the delivery time we provide is only an estimate and orders may arrive earlier or later. To ensure that you do not miss a delivery of an order, you should ensure that either you or someone is at the delivery location to receive the order once an order is placed.
5.3 Unsuccessful or Failed Deliveries
5.3.1 In cases where we attempt to deliver an order but we are unable to do so due to the reasons caused by you, including but not limited to:
(i) no one was present or available to receive the order; or
(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or
(iii) lack of appropriate or sufficient access to deliver the order successfully;
(iv) lack of a suitable or secure location to leave the order; or
5.3.2 No-show Cancellations
If you remain uncontactable or fail to receive the order within ten (10) minutes from the time the order arrives at your delivery address,
Brawn & Brains Coffee Pte Ltd reserves the right to cancel the order without refund or remedy to you.
5.4 Wrong order, Missing Items, Defective Goods
Upon receipt of your order, if you discover that there are issues with your order (e.g. wrong order, defective order, or missing items) please contact us VIA Whatsapp via one of the methods indicated in Clause 3.2.1 above immediately. In some cases, Brawn & Brains Coffee Pte Ltd may request for photographic proof and/or additional information to properly investigate the issue with your order. If we determine that the order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your order or parts of your order.
5.5 Order Pick-Up
5.5.1 Where available, you will have the option of collecting your order in-person directly from the Brawn & Brains Coffee's store locations ("Pick-Up") instead of having the order delivered to You. Your email confirmation will indicate the time for you to Self Pick-Up the order (“Collection Time”). Brawn & Brains Coffee Pte Ltd will prepare the order by the Collection Time. In some cases, a reasonable delay may be expected. Brawn & Brains Coffee Pte Ltd agrees to hold the order for you at the premises for no more than a reasonable period of thirty (30) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the order to you if you fail to Pick-Up your order within the Holding Time.
In the event of unreasonable delays in Self Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your order and shall report any issues and/or defects to the Brawn & Brains Coffee Pte Ltd before leaving the premises.
6 Vouchers, Discounts and Promotions
6.1 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
6.2 Vouchers cannot be exchanged for cash.
6.3 Brawn & Brains Coffee Pte Ltd reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply
7 Representations, Warranties and Limitation of Liabilities
7.1 Representations and Warranties
You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While Brawn & Brains Coffee Pte Ltd makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
7.2 Limitation of Liability
To the extent permitted by law, Brawn & Brains Coffee Pte Ltd (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. Brawn & Brains Coffee Pte Ltd entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the foodpanda entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Brawn & Brains Coffee Pte Ltd, the Brawn & Brains Coffee Pte Ltd entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.
8 Personal Data (Personal Information) Protection
You agree to indemnify, defend, hold Brawn & Brains Coffee Pte Ltd, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.
Brawn & Brains Coffee Pte Ltd may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.
14 Contact Us
If you wish to contact us regarding any questions or comments you may have, please send an email to email@example.com.
15 Prevailing Language
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.