Shopping Concierge Customer Terms & Conditions

1. Definitions and Interpretation

1.1. In these Terms, unless the context otherwise requires, the following definitions shall apply:

“Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore;

“CAG” means Changi Airport Group (Singapore) Pte. Ltd. (Company Registration Number 200910817N), a company incorporated in Singapore under the Companies Act (Cap. 50);

“Changi Rewards” means a customer loyalty programme owned and administered by CAG;

“Chat Service” means the chat function maintained by CAG through the Shopping Concierge that is meant for communication between the Customer and the Retailer, and/or between the Customer and CAG;

“Collection Point” refers to such location within Changi Airport designated by the Customer pursuant to Clause 10.2 below as the drop-off point for Products purchased by Customers through the Shopping Concierge service;

“Contract” means a contract made between the Retailer and Customer when an Order is confirmed by CAG, pursuant to these Terms, and such other terms and conditions as may be agreed to by the relevant parties in writing;

“Customer” means any person who has been permitted by CAG to access and use the Shopping Concierge service upon the terms and conditions of the Terms or who has been provided with a login ID password, and/or digital signature or other identification or verification information by CAG from time to time for access and/or use by the Customer of the Shopping Concierge service;

“Customer's Information” means information from the Customer provided to the Retailer or CAG, whether through the Shopping Concierge service or otherwise, and includes the Customer’s Personal Data and such information as will enable the Retailer to deliver the Products;

“Delivery Address” refers to such other location within Singapore, outside Changi Airport, designated by the Customer as the drop-off point for Products purchased by the Customer through the Shopping Concierge service;

“Force Majeure” is defined in Clause 25;

“GST” shall refer to the products and services tax chargeable under the Goods and Services Tax Act (Cap. 117A);

“Intellectual Property Rights” means (i) patents, inventions, designs, copyright and related rights, database rights, trademarks and related goodwill, trade names (whether registered or unregistered), and rights to apply for registration; (ii) proprietary rights in domain names; (iii) knowhow and confidential information; (iv) applications, extensions and renewals in relation to any of these rights; and (v) all other rights of a similar nature or having an equivalent effect anywhere in the world;

“Message” means any communications made between the Parties and which are transmitted by any of the following means: electronically via the Chat Service, email, text messages or telephone calls or delivered to Customer by CAG/Retailer by hand;

“Order” means an order made by Customer through the Majeure for the relevant Product, as set out in the relevant order;

“Parties” means the Retailer; the Customer; and CAG, and “Party” means any one of them as the context requires;

“Payment Portal” means the whole or part of the structured electronic system of CAG hosted by CAG via the internet on which it facilitates the receipt of payment between Customer and CAG;

“Personal Data” has the meaning set out in the Personal Data Protection Act 2012 of Singapore as may be amended, consolidated, re-enacted or replaced from time to time;

“Privacy Policy” means the privacy policy located on https://www.changiairport.com/en/privacy-policy.html, as may be amended by CAG from time to time;

“Product” means the product made available by the Retailer (including the product(s) of brand(s) represented by the Retailer) or CAG (as the case may be) though the Shopping Concierge Service;

“Retailers” means the retailers named in the Shopping Concierge Service, or CAG as the case may be, who agree to provide Products to the Customer through the Shopping Concierge Service, and “Retailer” means any of them;

“Return Policy” means the return policy located on the Website, as may be amended by CAG from time to time;

“Shopping Concierge” means the personnel employed or authorised by CAG to provide and administer the Shopping Concierge Service;

“Shopping Concierge Service” means the service provided by the Shopping Concierges who respond to Customers’ queries and requests in-person or electronically via the Chat Service, email, text messages, telephone or video calls. The Shopping Concierge Service is provided by CAG to the Customer for the purpose of providing relevant and personalised purchase recommendations designed to make the user experience at Singapore Changi Airport smoother and more enjoyable; 

“SIAC” means the Singapore International Arbitration Centre;

“Specifications” means, in relation to the Products under these Terms, the description of the price, quantity, delivery details of and any other relevant term for the Products to be agreed between the Customer and the Retailer, and set out in the relevant Order and/or the relevant Item Description Page; 

“Terms” means these Customer Terms and Conditions, as may be amended by CAG from time to time; 

“Terms of Use” means the terms of use governing the use of the Website, accessible at the Website or at any other webpage as CAG may provide for on the Website, as may be amended by CAG from time to time; and 

“Website” means https://www.changiairport.com/en/shop/changi-shopping-concierge.html, or such other website as may be notified in writing by CAG from time to time and shall include without limitation all its pages and all information, text, forms, items, images, links, sound and graphics displayed therein.

1.2. In these Terms, unless the context otherwise requires:

(a) a reference to “CAG” in these Terms apply both to CAG’s actions on its own behalf as Retailer and/or as the operator of the Shopping Concierge Service;

(b) a reference to any statute or statutory provision is a reference to the statute or statutory provision in force as amended or re-enacted at the date of these Terms, and includes all subsidiary legislation under that statute or statutory provision

(c) a reference to persons includes natural persons, corporate bodies, and unincorporated associations, whether or not they possess separate legal personality;

(d) a reference to a Party includes its personal representatives, heirs, successors, and assigns;

(e) a reference to the terms “include”, “including”, “in particular”, “for example”, and other like phrases shall be illustrative only and shall not be construed as having an exhaustive effect;

(f) a reference to the singular is a reference also to the plural, and a reference to the masculine is also a reference to the feminine and to the gender-neutral “it”; and

(g) a reference to writing and its grammatically cognate expressions shall include a reference to email.

2. General

2.1. The Customer agrees that he/she is capable of complying with these Terms, and that the Customer shall indemnify and hold harmless the Retailer and CAG (as applicable) from any loss caused to the Retailer or CAG by the Customer’s non-compliance with these Terms.

2.2. The Customer warrants that he/she has the capacity to be bound by these Terms and to enter into Contracts under these Terms. If the Customer is a minor or otherwise legally disabled, the Customer represents that a parent or legal guardian is aware of the Customer’s use of the Shopping Concierge Service, has consented to the Customer’s use, and will be responsible for the Customer's use of the Service.

2.3. The Customer agrees that any records maintained by the Shopping Concierge of transactions shall be conclusive as to the matters contained within and agrees to waive any right to object to the admissibility or correctness of the records.

2.4. The Customer acknowledges and agrees that CAG may from time to time provide or make available, directly or through third-party service providers, certain additional services to the Customer for the purpose of facilitating the use of the Shopping Concierge Service by the Customer. Such services may include but are not limited to delivery, chatbots and other services used for communicating with Customers. The Customer agrees that CAG may incorporate the terms which govern such services and which are applicable to the Customer into these Terms in accordance with Clause 23 below. The Customer shall indemnify the Retailer and CAG in respect of any loss resulting from the Customer’s use of such services. 

2.5. The Customer agrees that in providing information during the use of the Shopping Concierge Service, such information shall be accurate and the Customer shall update the Shopping Concierge of any changes in the information the Customer has provided.

2.6. The Customer further agrees that any records in electronic form are admissible pursuant to the Electronic Transactions Act (Cap. 88) and will not contest the validity of such records solely on the basis of being in an electronic form.

2.7. By using the Shopping Concierge Service to purchase Products, the Customer agrees to these Terms, as updated from time to time.

3. Acceptance of these Terms / the Contract

3.1. These Terms, together with the Terms of Use and the Privacy Policy, govern the relationship and conduct between the Customer and:

(a) the Retailer; and

(b) CAG.

3.2. The Customer agrees and declares that:

(a) by using the Shopping Concierge Service, these Terms are agreed;

(b) the Customer’s purchase of any Product shall be upon the terms and conditions of the Contract, which terms and conditions may be amended by CAG from time to time;

(c) the Customer’s dealings with CAG in relation to the Contract and/or with the Retailers in relation to the order and supply of the Products, shall be conducted through the Shopping Concierge Service by the transmission of Messages, provided that if the Shopping Concierge Service shall be unavailable for use due to any reason, CAG shall notify the Customer as soon as practicable of such unavailability by informing the Customer and may require the Customer to deal with CAG and/or the Retailer s in any other manner while the Shopping Concierge Service remains unavailable for use;

(d) Products sold by Retailers to the Customer shall be Contracts entered into directly and only between the Retailer and the Customer; and

(e) Products sold by CAG in its capacity of a Retailer to the Customer shall be Contracts entered into directly and only between CAG and the Customer.

3.3. The Retailer agrees and declares that:

(a) these Terms form part of every Contract to which it is a party, notwithstanding anything contained therein to the contrary; and

(b) the Customer may enforce these Terms against the Retailer in respect of a Contract.

4. Prices and Payment

4.1. The prices payable by the Customer to the relevant Retailer for each of the Product(s) shall be specified in the course of the Shopping Concierge Service. All listing prices are subject to taxes and duties, unless otherwise stated. The Retailer reserves the right to amend the listing prices at any time without giving any reason or prior notice.

4.2. The Customer can only pay by such payment method and in such currency as the Payment Portal stipulates, failing which the Customer’s Order will not be processed by the Shopping Concierge Service.

4.3. Payment is subject to the terms of use of any payment agents or processor that CAG may specify.

4.4. CAG reserves the right to modify or vary the availability of payment agents, processors or methods without providing Parties with any reason or explanation.

4.5 If a Customer uses a promotion code or redeems his/her Changi Rewards points which entitles him/her to a discount with a minimum spend condition within a transaction, he/she may request for a partial refund which will be processed as follows:

(a) If the net spend (after deducting the partial refund) is above the minimum spend stipulated for that particular promotion, the full value of the partial refund will be returned to the Customer; and

(b) If the net spend falls below the minimum spend in such a case, the discount value will be deducted from the partial refund.

4.6. Each transaction only allows one (1) promotion code to be used. The promotion code and/or the redemption of the Changi Rewards points will be applied to the highest value Product eligible for the promotion code and/or the redemption of the Changi Rewards points (“Eligible Product”) purchased in a single Order first before applying to the next highest value Eligible Product.

4.7. The Retailer shall, for as long as the Products are disclosed on the Shopping Concierge Service for sale, not charge GST on the sale of Products to Customers with a valid boarding pass.

5. Refund Policy

5.1. All refunds shall be made to the payer via the original payment method within fourteen (14) Business Days once the Customer’s request for a refund is processed and once CAG receives the relevant Product(s) from the Customer, provided that the Customer requests for a refund within thirty (30) calendar days of collection through the Shopping Concierge Service. 

5.2. CAG offers no guarantee of any nature for the timeliness of the refunds reaching the Customer’s account. The processing of payment may take time and it is subject to the respective bank’s and/or payment provider’s internal processing timeline.

5.3. All costs associated with the refund process imposed by the processing bank and/or payment provider, including funds transfer fees and foreign exchange gains/losses, shall be borne by the Customer.

5.4. All refunds are conditional upon our acceptance of a valid return of the Product. The Customer represents and warrants that the Product returned is authentic, authorized for sale, and not stolen, counterfeited, a replica, an unauthorized copy, illegal or misbranded, or a product violating any Intellectual Property Rights. All returns must be done in accordance with the instructions set out in the Return Policy.

5.5. CAG reserves the right to modify the mechanism of processing refunds at any time without notice.

6. Remedying Defects and Errors

6.1.. The Retailer is obliged to assist the Customer to remedy any defects or errors that may appear in the Products which are not in accordance with the Specifications, or as agreed between the Retailer and the Customer under Clause 6.6.

6.2. Clause 6.1 shall not apply if the defects and errors are due to:

(a) failure of the Customer to store, install, use, or maintain the Products in accordance with any instructions the Retailer may give;

(b) the Customer or any third party altering the Products in any way, including in attempts to repair, without the consent or authorisation of the Retailer; or

(c) ordinary wear and tear, wilful damage, negligence, abnormal working conditions, or misuse.

6.3. If the Customer receives a fundamentally different Product from what the Customer requested or accepted, and if such difference is not due to the Customer’s neglect, the Customer has the right to return the Products and to request a refund from the Retailer. In the event of a dispute as to what is fundamentally different, the Customer agrees that CAG shall have the absolute discretion in deciding and to decide whether and how much refund should be paid from the Retailer to the Customer.

6.4. The Retailer shall bear the costs of any transport of Products for the purposes of executing repairs, remedies, refunds or returns under this Clause 6.

6.5. This Clause 6 shall apply to replaced or repaired Products, save that any computation of time shall be taken with reference to the delivery or provision of the original Products, such that any warranty or replacement periods will not be extended by any replacement or repair of Products.

6.6. If the Customer agrees with the Retailer for a more generous warranty or repair period than this Clause 6. provides, the terms of such warranty or repair period shall supersede the terms of this Clause 6.

6.7. CAG reserves the right to reject any requests for refunds, returns or replacements at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.

7. Standard Rules of Promotion Codes

7.1. CAG may issue promotion code(s) during promotions from time to time.

7.2. Promotion code(s) is/are valid for one-time use per Customer unless otherwise stated, is non-exchangeable for cash, and cannot be used in conjunction with any other codes, promotions, discounts, offers, eVouchers, coupons, rewards and redemption, loyalty programs, and Changi Airport Park & Fly Parking Coupons.

7.3. Promotion code(s) is/are considered redeemed if the Customer cancels the Order or terminates the Contract.

7.4. Promotion code(s) is/are not valid with selected Products/brands as may be stated and notified to the Customer in the course of the Shopping Concierge Service.

7.5. CAG reserves the right to terminate any promotion at any time or to amend, vary or delete any of these Terms from time to time without notice.

7.6. CAG’s decision on all matters relating to promotions will be final and binding on all participants.

8. Orders

8.1. An Order made by the Customer shall only be deemed to be accepted by the Retailer upon the Shopping Concierge acknowledging the Customer’s Order. An accepted Order will be deemed to form part of a validly binding Contract entered into between the Retailer and the Customer.

8.2. All Orders will be deemed to be irrevocable and unconditional upon transmission through the Shopping Concierge Service and the Retailer shall be entitled (but not obliged) to process such Order(s) without the Customer’s further consent and without any further reference or notice to the Customer. Nevertheless, as stated in Clause 27, the Customer may request to cancel or terminate the Order under certain circumstances, which the Retailer will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing and Clause 27, the Retailer is not obliged to give effect to any request to cancel, terminate or amend any Order.

8.3. Customers are encouraged to utilise the Shopping Concierge Service to update, change or finalise the Specifications of an Order.

8.4. All Orders shall be subject to Retailer’s acceptance in its sole discretion and each Order accepted by Retailer shall constitute a separate Contract. The Customer acknowledge that unless the Customer receives a notice from Retailer accepting the Order, the Retailer shall not be party to any legally binding contracts or promises made between the Retailer and the Customer for the sale or other dealings with the Product(s) and accordingly the Retailer shall not be liable for any losses which may be incurred as a result. For the avoidance of doubt, the Retailer reserves the right to decline to process or accept any Order received from or through the Shopping Concierge Service in its absolute discretion.

8.5. Where the Customer has provided Customer's Information for the purposes of the Order, the Customer warrants and represents, as applicable, that:

(a) the Customer has the right to disclose, use and/or license the royalty-free use of Customer’s Information;

(b) the Customer's Information is accurate; and

(c) any legal obligations in force that may govern the Customer’s provision of such Customer's Information, have been complied with.

8.6. The Customer shall indemnify the Retailer and CAG in respect of any loss resulting from the breach of Clause 8.5.

8.7. Where the Retailer requires the Customer's co-operation to provide relevant and necessary Customer's Information, whether or not stated in the Specifications, the Customer shall be bound by these Terms to co-operate, and the Retailer will not be held liable under these Terms for failure to fulfil the Order if the Retailer’s failure was due to the Customer's failure to co-operate under this Clause.

8.8. The Retailer undertakes to use reasonable skill and care, and to execute work to a workmanlike standard, with properly-qualified staff, in fulfilling the Order.

8.9. The Retailer warrants and represents that the Products the Retailer provides under an Order:

(a) are free from material defects in workmanship, insofar as the Retailer is the manufacturer;

(b) are free from material defects in design and material, insofar as the Retailer is the originator of the design and/or material; and

(c) comply with all legal obligations in force that may govern the Retailer’s provision of such Products, whether directly or indirectly.

8.10. Where the Retailer offers Products via the Shopping Concierge Service, the Retailer does not warrant or represent that the Products are fit for purpose, unless otherwise expressly provided in the Specifications in the Order.

8.11. Where the Retailer provides Products, the Retailer warrants and represents that the Products conform to the Specifications.

8.12. CAG and/or the Retailers may, at their sole discretion, place a limit on the quantities of any Products that may be purchased by Customers via the Shopping Concierge Service. Such limits may be imposed on each (a) Order, (b) credit card, or (d) Customer, as the case may be.

8.13. CAG and/or the Retailers may refuse or reject any Order at any time, for reasons which include, but are not limited to: (a) non-compliance by the relevant Customer of any conditions specified at the time of the Order; (b) inability to process payment for the Products for whatever reason; (c) the unavailability of any ordered Products; or (d) any errors that have been made in the course of using Shopping Concierge Service or any errors made in connection with the Customer’s Order. In the event of a pricing error, CAG reserves the right to correct the pricing error and (if applicable) charge the Customer the correct price for the ordered Products, or the Customer may choose to refund the Order.

9. Fulfilment of Orders

9.1. The Retailer will be solely responsible for the Product fulfilment for all sales obtained by the Retailer with regard to any Products disclosed in the Shopping Concierge Service.

9.2. Without prejudice to any provisions of this Terms, where CAG does not actually have actual possession of the Products, at no time shall CAG be responsible for any damage, loss or pilferage to any of the Products.

9.3. Except where CAG is acting in its capacity of a Retailer, nothing herein shall impose any liability upon CAG in respect of any defect in the Products arising out of the acts, omissions, negligence or default of the Retailer, its servants and agents including without limitation any failure by the Retailer to comply with any requirements as to storage and handling or use or servicing of the Products, use of the Products with other products or other misuse of the Products or accident or fair wear and tear of the Products.

9.4. The Customer acknowledges that delivery of the Products is subject to availability of the Products. The Retailer will make reasonable effort to deliver the Product to the Customer within the delivery timeframe, but the Customer acknowledges that while stock information is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of the Customer’s Product is delayed, the Retailer will inform the Customer accordingly the Shopping Concierge Service.

9.5. The Retailer may charge delivery costs to the Customer only in the event that these have been included in the relevant Order.

9.6. The Customer agrees that if the Order contains Liquor, a person of eighteen (18) years of age or older with appropriate identification will collect or take delivery of the Liquor. CAG and the Retailer reserve the right not to deliver any Liquor to anyone who is, or appears to be under, the age of eighteen (18) years old, and to charge the Customer an additional re-delivery fee (which shall be advised by CAG) should a re-delivery be required. The Customer agrees that if any applicable legal requirements for the purchase of Liquor are not met, CAG and/or the Retailer reserve the right to cancel the Liquor-related portion of the Order. CAG and/or the Retailer also reserve the right to refuse to deliver any Liquor to any person who is, or appears to be, under the influence of either alcohol or drugs.

10. Delivery and Collection of Products

10.1. Products will be delivered by the appointed delivery partner to the Delivery Address or Collection Point as indicated in the acknowledgement of the Customer’s Order. The acknowledgement will also set out the date and indicative time by which the relevant Products will be delivered or are available for collection.

10.2. In respect of collection, where applicable, the Customer has to produce his/her boarding pass, passport, traveller’s document(s), Changi Airport Pass and/or acknowledgement of his/her Order at the designated Collection Point before the relevant Products can be collected. The availability of the various modes of delivery will be disclosed in the Shopping Concierge Service, and the Customer will have the option (where available) of selecting his/her preferred Collection Point or Delivery Address, subject always that the Collection Point may be chosen from a list of specified collection points designated by CAG or the physical retail store of the Retailer. 

10.3. If delivery of the relevant Order has been attempted but the Customer is not present to receive it, the Order will be re-delivered on the next available date. There is a re-delivery fee (which shall be advised by CAG) for each additional attempted delivery after the delivery fails on the first two (2) attempts. The re-delivery fee shall be borne by the Customer and shall be payable at the time the Customer submits a request for the re-delivery.  

10.4. Failure to collect or to take delivery of the relevant Product(s) within the time specified, or to produce the documentation described in Clause 10.2, shall be deemed to be a rejection of the Product(s) and the relevant Order shall be cancelled within twenty-four (24) hours. The Product(s) may be re-sold by the Retailer (through the Shopping Concierge Service or otherwise). Appropriate refunds shall be provided by CAG or the Retailer as the case may be to the relevant Customer.

11. Risk and Property of the Products

11.1. Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Products, at the time when Retailer has tendered delivery of the Products.

11.2. Notwithstanding delivery and the passing of risk in the Products or any other provision of these Terms, title in the Products shall not pass to the Customer until CAG has cleared funds payment in full of the price of the Products and all other Products agreed to be sold by the Retailer to the Customer for which payment is then due. 

11.3. Until such time as the title in the Products passes to the Customer, the Customer shall hold the Products as the Retailer’s fiduciary agent and bailee and shall keep the Products separate from those of the Customer.

11.4. The Customer shall immediately notify the Retailer of any matter from time to time affecting the Retailer’s title to the Products and the Customer shall provide the Retailer with any information relating to the Products as the Retailer may require from time to time.

11.5. Until such time as the title in the Products passes to the Customer, the Retailer shall be entitled at any time to demand the Customer to deliver up the Products to the Retailer. In the event of non-compliance, the Retailer reserves it’s right to take legal action against the Customer for the delivery of the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.

11.6. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness of the Products which remain the property of the Retailer. But if the Customer does so, all moneys owing by the Customer to the Retailer shall (without prejudice to any other right or remedy of the Retailer) forthwith become due and payable.

11.7. The Customer shall indemnify CAG and the Retailer against all loss, damages, costs, expenses, and legal fees incurred by the Customer in connection with the assertion and enforcement of the Retailer’s or CAG's rights under this Clause 11.

12. Customer-specific rights and obligations

12.1. The Customer has the responsibility to ensure that the submitted Order is accurate. The Retailer and CAG shall not be liable for any loss caused by any inaccuracy in the Order.

12.2. CAG does not guarantee the correctness of the description of the Products provided by Retailers and will not be liable to the Customer for any loss caused by any inaccuracy on the Retailer's part.

12.3. In addition to other representations, warranties and undertakings by the Customer elsewhere in these Terms, the Customer further represents and warrants at all times that:

(a) he/she has the full power and authority to procure the Products and to grant the rights and undertake the obligations hereunder;

(b) he/she shall keep to his/her payment obligations confirmed under the Order as well as those agreed with CAG;

(c) he/she shall provide all necessary information and shall extend any necessary co-operation to the Retailer for the Retailer to fulfil its obligations under the Order and for the Retailer to deliver the Products;

(d) all information given and to be given by the Customer to CAG through the Shopping Concierge Service from time to time are true and accurate;

(e) any material, data or information submitted by the Customer through the Shopping Concierge Service does not contain any electronic virus or other similar malicious electronic code;

(f) the Customer’s use of the Shopping Concierge Service does not and will not contravene any law, rule, regulation, judgment, decree, permit, authorisation, policy or directive (in each case, whether or not having the force of law) which is binding on or otherwise applicable to the Customer or to which he/she is subject; and

(g) if the Customer’s Order includes Liquor, that the Customer is eighteen (18) years of age or older.

13. Retailer-specific rights and obligations

13.1. The Retailer is responsible for ensuring that the Products disclosed in the Shopping Concierge Service are accurate, including the descriptions of the Products and the desired prices. The Customer and CAG shall not be liable for any loss caused by any inaccuracy in the listed Products.

13.2. Without prejudice to any other obligation of the Retailer, all Products being put up for sale via the Shopping Concierge Service will fall within certain approved categories set out by CAG. Such categories are subject to changes further to the exercise of CAG's sole and absolute discretion.

13.3. CAG does not guarantee the correctness of any Order submitted by the Customer and will not be liable to the Retailer for any loss caused by any inaccuracy in the Customer’s Order.

13.4. In addition to the other representations, warranties and undertakings by the Retailer elsewhere in these Terms, the Retailer further represents, warrants and undertakes that:

(a) it has the full power and authority to provide the Products and to grant the rights and undertake the obligations hereunder and satisfies all the requirements and fulfils all the conditions set forth in the Specifications;

(b) it will perform all its obligations under these Terms including those set out in the Specifications in accordance with the terms thereof;

(c) it will procure the delivery of the Products in a proper and professional manner at all times;

(d) the provision of the Products by the Retailer to the Customer and the provision of information on the Products (including but not limited to write-ups and photographs) on the Shopping Concierge Service, does not and will not infringe any Intellectual Property Rights or any rights of whatever nature of any third party;

(e) it shall act, at all times, in the best interests of the Customer and not allow its interest to conflict with the duties it owes to the Customer;

(f) it shall treat the Specifications and other information from the Customer as confidential unless the Customer has dispensed of such confidentiality with prior written consent;

(g) it shall not carry out acts of sabotage against other Retailers;

(h) it shall not unreasonably request for additional payments after the Order has been confirmed by Parties;

(i) it shall act towards the Customer dutifully and in good faith;

(j) it shall absorb all costs and/or expenses incurred in the handling and/or delivery of the Products unless otherwise expressly agreed in writing by CAG;

(k) it shall comply strictly with all applicable laws and regulations, including but not limited to all food safety and customs laws and regulations;

(l) the Products provided by the Retailer will conform in all respects to the Specifications;

(m) all Products produced under this Terms are truthful, accurate, complete and provided in accordance with the Specifications of the Customer; and

(n) it will not, directly or indirectly, sell stolen, counterfeited, replicas, unauthorized copies, illegal or misbranded, or products violating any Intellectual Property Rights.

14. Notices

14.1. Unless otherwise expressly provided herein or under the Contract, any notice to be given by CAG to the Customer under these Terms shall only be deemed to have been served on the Customer if the notice is sent by:

(a) post to the address provided by the Customer in his/her application for the use of the Shopping Concierge Service or such other latest address as may be specified in writing by the Customer to CAG;

(b) facsimile transmission to the facsimile number as may be specified in writing by the Customer to CAG from time to time; or

(c) email to the email address provided by the Customer in his/her use of the Shopping Concierge Service or such other latest email address as may be specified in writing by the Customer to CAG.

14.2. The Customer shall immediately notify CAG of any change in his/her correspondence address, facsimile number (if provided) and email address.

14.3. Where these Terms provide for CAG to notify the Customer by posting a notice on the Website:

(a) such posting on the Website shall constitute sufficient notice to the Customer; and

(b) such notice shall, unless otherwise specified by CAG, take effect from the time of posting on the Website.

14.4. Unless otherwise expressly provided herein or under the Contract or unless otherwise specified by CAG, any notice which the Customer is required to give to CAG shall only be deemed to have been served on CAG if the notice is sent:

(a) by post, to
Changi Airport Group (Singapore) Pte Ltd
PO Box 168, Singapore Changi Airport
Singapore 918146
Attention:
Commercial (Shopping Concierge);

(b) by email, to:
enquiry@changiairport.com
Attention: Commercial (Shopping Concierge); or

(c) by telephone call, to: (65) 6595 6868

or to such other address, facsimile number, email or means as may be notified by CAG on the Website from time to time.

14.5. For the avoidance of doubt, notices may not be served by way of Messages.

15. Liability and Indemnity

15.1. The Customer acknowledges and agrees that:

(a) In CAG’s capacity as the Shopping Concierge Service provider, CAG acts merely as a facilitator to provide a forum allowing Customers and Retailers to come together for the sale and purchase of Products between Retailers and Customers. CAG therefore has no control whatsoever over the availability, quality, legality or safety of the Products, or of any other characteristics upon which the Customer may rely, the accuracy of any of the listings, descriptions and information relating to the Products, and the ability and capacity of any Retailer to transact. Accordingly, the Customer waives any claim that he/she may have against CAG that is in any way connected with a dispute between the Customer and any other user of the Shopping Concierge Service (including any other Customer and any Retailer) and the Customer agrees to indemnify CAG for any losses or liability CAG may suffer as a result of any claim against CAG by another user or any other third party as a result of the Customer’s dealings with such other user or party;

(b) CAG is not responsible and shall not be liable for any hyperlink to any other website. Any reference to any website, entity, product or service is not an endorsement or verification by CAG of such website, entity, product or service, and CAG is not responsible for the content of any of the foregoing; and

(c) CAG shall not be liable in any way for any damages, losses, costs (including legal costs), expenses, liabilities or compensation, whether direct or indirect, which arise from or are in connection with the use of the Shopping Concierge Service by the Customer, whether due to the negligence of CAG or its officers, employees, agents, contractors or otherwise.

15.2. The Customer agrees to indemnify and hold CAG, its officers, employees, agents and contractors harmless against all damages, losses, costs (including legal costs), expenses and liabilities suffered or incurred by CAG, its officers, employees, agents or contractors arising out of or referable to any claims, suits or proceedings brought against CAG, its officers, employees, agents or contractors by third parties arising out of or in connection with:

(a) the acts, failures, omissions and defaults of the Customer, including but not limited to infringement of any Intellectual Property Rights or other rights of third parties, unauthorised access and/or use of the Shopping Concierge Service or any part thereof and/or failing to act in accordance with these Terms; or

(b) arising from any tax, duties, excise or licence fee liability in connection with these Terms (with the exclusion of taxes payable by CAG on its income).

16. CAG’s Rights

16.1. The Shopping Concierge Service is provided on an ‘as is’ basis and CAG makes no representations or warranties of any kind with respect to the Shopping Concierge Service and disclaims all such representations and warranties. In addition, CAG makes no representations or warranties about the accuracy, completeness, reliability, timeliness, non-infringement, title, or suitability for any purpose of all information and content made available through the Shopping Concierge Service. Such information and content may contain factual or technical inaccuracies or errors. All liability of CAG howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

16.2. The Customer agrees that CAG shall not be held liable in respect of any non-performance of obligations by the Customer or the Retailer. For the avoidance of doubt, CAG shall not be held liable in respect of any violations of food safety and customs laws and regulations.

16.3. CAG does not provide any warranty with respect to the quality of the Products.

16.4. The Customer agrees that CAG reserves the rights to enforce these Terms and the Terms of Use as against any of the Parties for any non-compliance thereto, including barring Parties from the use of the Shopping Concierge Service without any compensation.

16.5. The Terms of Use shall be deemed to be incorporated by reference under these Terms.

16.6. The Customer agrees that any violation of the Terms of Use render any Orders voidable at CAG’s option only. The Customer will not have any right to plead the invalidity of any Orders based solely on the grounds that the Terms of Use were breached.

16.7. If the Customer breaches any of these Terms, CAG shall have the rights to do any or all of the following, in addition to any of the other remedies under these Terms and at law CAG is entitled to claim against the Customer:

(a) limit or remove entirely the Customer’s profile collected in the course of Shopping Concierge Service;

(b) restrict or deny the Customer’s access to the Shopping Concierge Service; and/or

(c) where the Customer acted fraudulently or provided inaccurate information to CAG, deny the Customer’s access to the Shopping Concierge Service without any refunds for any fees or other monies paid to CAG. 

17.  Intellectual Property Rights

The Retailer shall defend, indemnify and hold harmless the Customer and/or CAG (as the case may be) and its officers, directors, employees, agents and representatives against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, anticipated savings, business opportunity, reputation or goodwill, and all interest, penalties and legal costs and all other professional costs and expenses) arising from or in connection with any claim or action against Customer and/or CAG by any third party for actual or alleged infringement of the Intellectual Property Rights in the Products. 

18. Personal Data

18.1. The provision of goods and services under these Terms requires the processing of Customer’s Personal Data which may include passport number, personal email, contact number, delivery addresses, Changi Airport Pass number and Changi Rewards membership number, where applicable. CAG and the Retailer may use Customer’s Personal Data for the purposes of these Terms and may also match Customer’s Personal Data collected under these Terms with other data CAG holds about the Customer. This will serve to optimise operations and services offered to Customer through the Shopping Concierge Service and other platforms, such as providing relevant and personalised content designed to make the user experience smoother and more enjoyable. The Personal data collected under these Terms may also be used for statistical analysis and improving the products and services that the CAG group offers (“Relevant Purposes”). CAG may also disclose Customer’s Personal Data to any of its subsidiaries, affiliates, services providers and/or agents for the Relevant Purposes. Customer consents to CAG’s collection, use, disclosure, storage and other processing of any Customer’s Personal Data provided in accordance with all applicable privacy laws and CAG’s Privacy Policy (https://www.changiairport.com/en/privacy-policy.html). Where Customer provides Personal Data on behalf of another individual, the Customer represents and warrants that the Customer has valid authority and consent to provide such Personal Data and consents to this Clause 18 on the individual’s behalf.

18.2. Customer represents and warrants that any Customer’s Personal Data the Customer discloses to CAG is complete and accurate. Each Customer shall fully indemnify CAG against any loss or damage that may result from breach of this Clause 18.2. 

19. Waiver and Cumulative Rights

19.1. A waiver of any rights or remedies under these Terms or the applicable laws shall not operate to waive any future breach or default except to any extent expressly stated, and shall only be effective if given in writing, by the Party granting such waiver and given to the other Party in accordance with Clause 14.

19.2. No failure on the part of CAG to exercise, and no delay on its part in exercising, any right or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

19.3. Any rights and remedies accruing to a Party under these Terms shall be cumulative and shall not prevent the exercise of any other right or remedy that the Party may have under these Terms.

20. Independent Parties

For the purposes of these Terms, each Retailer shall be and shall be deemed to be an independent contractor and CAG shall not in any event be responsible for any act and/or omission of any Retailer.

21. Severance

If any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal, invalid or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner to achieve the intention of the Parties. Alternatively, at the discretion of CAG, it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect, unless CAG (in CAG’s discretion) decides that the effect of such declaration is to defeat the original intention of the Parties.

22. Assignment

The Customer shall not assign or transfer his/her rights or obligations under these Terms or any part, interest or share therein without the prior written consent of CAG.

23. Variation and Modification

23.1. CAG reserves the right to vary or modify these Terms from time to time.

23.2. The varied or modified version of these Terms shall be posted on the Website from time to time and such posting shall constitute sufficient notice to the Customer and Retailer of the variation or modification. The variation and modification shall take effect on the date of the posting of the same on the Website. If the Customer and Retailer continue to use the services, information and functions made available by CAG at the Website provided by CAG after such amendment, the Customer and Retailer shall be deemed to have accepted the amendments.

24. Third Party Rights

A person or entity who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term herein. To avoid doubt, CAG, Customer and Retailers are all parties to these Terms.

25. Force Majeure, Acts of God, and Frustrating Events

25.1. Save as stated below, each Party shall not be liable for any claims, losses, damages, costs and expenses resulting from any respective failure to perform its obligations if such failure results from a cause or causes beyond the reasonable control of that Party, including government regulations, threat of terrorism, war, labour trouble, strikes, fire, natural disasters, risk of infection, quarantine orders and precautions, epidemic outbreaks, casualties or inability beyond such Party’s reasonable control (each a “Force Majeure” event).

25.2. If a Party shall be prevented by a Force Majeure event from performing or observing its obligations under this Terms, that Party shall make every effort to remove, remedy or mitigate the cause or effect of the Force Majeure event, and that Party shall be released from such performance or observance to the extent that such performance or observance shall be prevented by the Force Majeure event. That Party shall perform and observe its other obligations under this Terms insofar as they shall not be affected by the Force Majeure event.

25.3. If a Party is wholly unable to perform its obligations under these Terms because of events under Clause 25.1, the Terms shall be treated as frustrated, and the Frustrated Contracts Act (Cap. 115) shall apply.

25.4. For the avoidance of doubt, performance shall be deemed wholly impossible only if it is physically or legally impossible, and not merely because it has become more onerous or difficult, or financially disadvantageous to the Parties to do so.

26. Exclusions

26.1. Nothing in these Terms shall limit or exclude the Retailer’s liability for:

(a) death or personal injury caused by the Retailer’s negligence or the negligence of the Retailer’s employees, agents, or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) active sabotage or other wilfully malicious activity; or

(d) breach of any term or condition for which liability cannot be limited or excluded by the applicable law, for which the Retailer remains liable to the Customer and to CAG for any loss, damage, costs and expenses incurred as a result of these breaches.

26.2. For the avoidance of doubt, this Clause 26 shall not waive or exclude any liability in relation to matters on which these Terms are silent.

27. Termination

27.1. The Customer may cancel an Order or terminate a Contract by written notice to CAG. If the Products have already been dispatched, the Customer may not cancel the Order or terminate the Contract but may only return the Products for a refund in accordance with Clause 5. The cancellation of an Order by a Customer would be deemed to be a termination of the relevant Contract by that Customer.

27.2. The Customer may not request to amend the Order. However, notwithstanding the foregoing, the Customer may cancel an Order or terminate a Contract in accordance with Clause 27.1 and enter into a new Order.

27.3. The Retailer may cancel an Order notwithstanding that a Contract has been entered into by Parties, if for whatever reason the Retailer finds itself unable to fulfil the Order. If the Retailer is unable to fulfil the Order for whatever reason, the Retailer will be liable to the Customer for a reimbursement of the Order price, if the said Order price has already been paid to the Retailer. 

27.4. Without affecting other rights and remedies available under these Terms or the applicable law, the Customer may cancel an Order or terminate a Contract with immediate effect by giving notice in writing if:

(a) the Retailer takes any steps or actions in connection with:

(i) administration;

(ii) provisional liquidation;

(iii) composition;

(iv) arrangements with its creditors (unless for a solvent restructuring);

(v) being wound up, whether voluntarily or by order of court (unless for a solvent restructuring);

(vi) having a receiver appointed to any of its assets; or

(vii) ceasing to carry on business, regardless of the jurisdiction in which the steps are taken;

(b) the Retailer suspends, ceases, or threatens to suspend or cease all or a substantial part of its business; or

(c) the Retailer’s financial position deteriorates to such an extent that in the Customer’s reasonable opinion, Retailer’s ability to fulfil the Terms is in serious jeopardy.

27.5. If a Contract is terminated, each Party will no longer owe any obligations due in the future to the other Party, save for the Customer’s obligation to return the Product in accordance with Clause 5 and the Return Policy and the Retailer’s obligation to make a refund, as the case may be, once a request for refund has been initiated. 

27.6. Notwithstanding Clause 27.5, the termination of a Contract shall not affect any provision of these Terms, or any remedies available to the Customer, that expressly or by implication is intended to come into force or continue after the cancellation or termination of the Contract.

27.7. Orders or Contracts shall not be invalidated or terminated merely by reason that CAG or the Shopping Concierge Service ceases to exist without a successor and will continue in full force and effect subject as far as possible to these Terms, as if the Parties had contracted for the Products on their own accord without CAG having been a party in these Terms. 

28. Dispute Resolution

28.1. Subject to Clause 28.2, if any dispute arises between the Retailer and the Customer as to the application of these Terms, the Customer shall first refer the dispute to CAG by sending a notice of dispute to CAG’s customer service officers or via the Shopping Concierge Service as indicated on the Website. 

28.2. The Customer agrees that CAG has the right to make a determination on the dispute between the Retailer and the Customer based on evidence submitted by the Retailer and the Customer. 

28.3. The Customer agrees that in the event of CAG making the said determination on the dispute between the Retailer and the Customer, such determination shall be final. CAG’s determination on the dispute may include CAG imposing a full or partial refund or direct that a reasonable sum of money to be paid for Products already delivered (whether or not such Products conform fully to the Specifications). CAG’s discretion for such a determination is final and binding, and Parties agree that the said determination shall not be appealable or applied to be set aside by Parties.

28.4. The Customer agrees that he/she shall have recourse to the Singapore courts only after the dispute between the Retailer and the Customer has first been referred to CAG under Clause 28.1, and CAG has been unsuccessful in resolving the dispute or have not replied to the Customer within twenty-eight (28) days from the date of notice as provided in accordance with Clause 28.1 and Clause 28.3. 

28.5. CAG reserves the right to refuse to assist in resolving any dispute between the Retailer and the Customer under this Clause 28.

28.6. In the event of a dispute between the Customer and CAG in its capacity of the Shopping Concierge Service provider or Retailer, the Customer agrees that except as provided for in Clause 29, any dispute, controversy or claim arising out of or relating to this Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the rules for arbitration of the SIAC. The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.

29. Applicable Law and Jurisdiction

29.1. These Terms shall be governed by, construed and interpreted in accordance with the laws of Singapore.

29.2. Subject to Clause 28, each Party agrees to submit to the exclusive jurisdiction of the Singapore Courts as regards any claim or matter arising under or referable to these Terms.

30. Entire Agreement and Implied Terms

30.1. These Terms and the Terms of Use are intended by each and every Party as a final expression of agreement and intended to be a complete and exclusive statement of the contract and understanding of each and every Party hereto in respect of the subject matter contained herein. These Terms and the Terms of Use supersedes all prior contracts and understandings between the each and every Party with respect to such subject matter.

30.2. Any conditions, warranties or other terms implied by statute or common law on CAG’s part are excluded to the fullest extent permitted by applicable law.