PROJECT ACAI TERMS & CONDITIONS

  • Last Revised: October 16, 2020

    IMPORTANT: PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR APPLICATION.

    These Terms & Conditions apply to your access to, and use of, all or part of any website or mobile application of Crussh Foods Pte Ltd ("Project Acai"), including www.project-acai.com, and any other site, mobile application or online service where these Terms & Conditions are posted or incorporated by reference (collectively, the "Sites"). These Terms & Conditions do not alter in any way the terms or conditions of any other agreement you may have with Project Acai or its affiliates for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms & Conditions on such entity's behalf, and that such entity agrees to indemnify you and Project Acai for violations of these Terms & Conditions. These Terms & Conditions contain disclaimers and other provisions that limit our liability to you.

    In the event there is any conflict or inconsistency between these Terms & Conditions and any other terms & conditions that appear on the Sites, these Terms & Conditions will govern. However, if you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.

    While we make reasonable efforts to provide accurate and timely information about Project Acai and its affiliates on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Project Acai and its affiliates.

    Project Acai reserves the right to change or modify these Terms & Conditions or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms & Conditions and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the Sites.

    ELIGIBILITY, REGISTRATION AND ACCOUNT

    The Sites are not targeted towards, nor intended for use by, anyone under the age of eighteen (18). If you are thirteen (13) years or older but under the age of eighteen (18) years, you should review these Terms & Conditions with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms & Conditions. Should your parent or guardian not agree to these Terms & Conditions, you must stop the use of these Sites.

    In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Project Acai if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

    PRIVACY

    Please read the Privacy Policy carefully to understand how Project Acai and its affiliates collect use and disclose personally identifiable information from users of the Sites.

    SITE DISCLAIMER

    The materials and information on the Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Sites are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Project Acai disclaims all warranties and conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose or need, accuracy, title and non-infringement as to the Sites and the information, content and materials contained therein, or that the use of the Sites is on an uninterrupted basis or is in compliance with laws applicable to users, or that information about users transmitted in connection with the Sites will be successfully, accurately or securely transmitted.

    COPYRIGHT AND LIMITED LICENSE

    Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the Project Acai logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Project Acai or its licensors and are protected by Singapore and international copyright laws.

    You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials for personal and informational purposes only. Such license is subject to the Terms & Conditions and does not include: (a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or Site Materials other than as specifically authorized herein, without the prior written permission of Project Acai, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms & Conditions shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

    COPYRIGHT CLAIM

    If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such alleged infringement with Project Acai by sending an e-mail to Project Açaí.

    In the notification, you should identify the URL or content containing the materials that you believe to infringe a copyright you own or control and should also provide the sufficient supporting materials to show that you own or control the copyright on which basis you submit the notification. If you are authorized by the owner of the copyright to submit the notification, you should also provide the sufficient supporting materials to show such authorization. Project Acai reserves the right to require you to provide additional supporting materials as we consider appropriate in our sole discretion. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

    Project Acai has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Project Acai may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

    TRADEMARK INFORMATION

    Project Acai and the Project Acai logo are registered trademarks. Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Project Acai or our affiliated companies or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. You may contact Project Acai by sending an e-mail to Project Acai Customer Care to request written permission to use trademarks, indicia of origin and materials on the Sites for purposes other than stated in these Terms & Conditions or for all other questions relating to the Sites.

    All rights not expressly granted are reserved.

    RESTRICTIONS ON USE

    The Sites may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites ("User Content"). By using the Sites, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following:

    a. Unless specifically requested by Project Acai, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, personal identification numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);

    b. User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, sexually explicit, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;

    c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and/or publish such User Content;

    d. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;

    e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;

    f. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable national or international law;

    g. Viruses, spyware, Trojan horses, easter eggs or any other harmful, disruptive or destructive files; and

    h. User Content that, in the sole judgment of Project Acai, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of Project Acai, other users or third parties.

    Project Acai does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Project Acai liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.

    If you become aware of User Content that you believe violates these Terms & Conditions, you may report it by sending an e-mail to Project Acai. Enforcement of these Terms & Conditions, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms & Conditions in other instances. In addition, these Terms & Conditions do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms & Conditions. Project Acai reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

    If you are viewing the Sites on a public device or are otherwise using a device to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the device system you are using to prevent unauthorized User Content.

    LICENSE TO USER CONTENT

    You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to Project Acai that you grant herein. Project Acai claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant Project Acai, its affiliates and designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content. By posting User Content, you hereby release Project Acai, its affiliates and designees and their employees, directors, officers and agents from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.

    SUBMISSION OF IDEAS

    Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Project Acai, our Sites and our products (collectively, "Ideas"). Ideas, whether posted to the Sites or provided to Project Acai by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Project Acai shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.

    LINKS

    You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for non-commercial purposes, provided such links do not portray Project Acai in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Project Acai's logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Project Acai trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Project Acai or any third party.

    Project Acai makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Sites. Such sites are not under the control of Project Acai and Project Acai is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Project Acai and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Project Acai of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.

    THIRD-PARTY CONTENT

    Project Acai may provide third party content on the Sites and links to web pages and content of third-parties (collectively, “Third-Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Project Acai is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk.

    ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES.

    Project Acai may display advertisements and promotions from third-parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. Project Acai is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Project Acai collaborations, advertisers or third-party information on the Sites.

    LIMITATION ON LIABILITY

    TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL (I) PROJECT ACAI and its affiliated companies (INCLUDING THEIR employees, officers, directors, contractors, service providers, ADVISORS and consultants): (A) BE LIABLE TO YOU WITH RESPECT TO THE USE OF OR INABILITY TO USE THE SITES, the content or the materials contained in or accessed through the Sites (including without limitation any damages caused by or resulting from reliance by YOU on any information obtained from Project Acai and its affiliates and their designees); AND (B) BE LIABLE TO YOU FOR ANY DIRECT LOSSES, DAMAGES FOR LOSS OF GOODWILL, LOSS OF INCOME, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE SITES OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION, INDIRECT LOSSES, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES.

    Project Acai does not guarantee that the functions contained in the Sites will be uninterrupted or error-free, that the Sites or its server will be free of viruses or other harmful components, or that defects will be corrected even if Project Acai is aware of them.

    INDEMNIFICATION

    You agree to defend, indemnify and hold harmless Project Acai and its affiliates and independent contractors, service providers and consultants, and their respective officers, directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any User Content or Ideas you provide; (c) your violation of these Terms & Conditions; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites.

    MODIFICATIONS TO THE SITES

    Project Acai reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice to you. You agree that Project Acai will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

    JURISDICTION AND COMPLIANCE WITH LAWS

    Access to and use of the Sites and these Terms & Conditions are governed by the laws of Singapore, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Sites or these Terms & Conditions shall be instituted only in the courts of Singapore. You and Project Acai agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

    TERMINATION

    Notwithstanding any of these Terms & Conditions, Project Acai reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and your account and to block or prevent your future access to, and use of, the Sites.

    SEVERABILITY

    If any provision of these Terms & Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.

    CONTACT US

    Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described on our website or mobile application.

    hello@project-acai.com

  • Last Revised Date: July 25, 2022

    1. Introduction

    1.1. Project Acai Gift Card Account Terms of Use and Agreement (“Agreement”)

    1.2. IMPORTANT -- PLEASE READ: This Agreement describes the terms and conditions that apply to the stored value of your Project Acai Gift Card (“Project Acai Gift Card”). This Agreement is divided into two parts. Part One describes the terms that apply generally to the Project Acai Gift Card. Part Two contains important legal terms and conditions.

    1.3. Consumer advisory – Project Acai (“we” or “us”), the holder of the Project Acai Gift Card stored value facility, does not require the approval of the Monetary Authority of Singapore. Consumers (“you” or “users”) are advised to read these terms and conditions carefully.

    1.4. Your use of your Project Acai Gift Card is governed by the terms of this Agreement. Please ensure that you have read and understood these terms before using your Project Acai Gift Card. If you do not understand these terms you may email us at hello@project-acai.com to discuss your concerns with us before you first use your Project Acai Gift Card.

    2. About the Project Acai Gift Card; Project Acai Purchases Only

    2.1. The Project Acai Gift Card is issued to you by Project Acai. It allows you to load a monetary value on to your Project Acai Gift Card for future purchases at all Project Acai stores.

    2.2. The Project Acai Gift Card is to be treated like cash for such purposes only. It cannot be replaced if lost, stolen or destroyed. The monetary value that you load onto your Project Acai Gift Card is a pre-payment only for the goods and services of all Project Acai stores. No credit card, credit line, overdraft protection or deposit account is associated with a Project Acai Gift Card. No interest, dividends or any other earnings on funds loaded on to a Project Acai Gift Card will accrue or be paid or credited to you by Project Acai. The value associated with the Project Acai Gift Card is not insured or guaranteed by any person or entity.

    2.3. Your Project Acai Gift Card is valid for use for purchases made through any of the Project Acai stores. We reserve the right not to accept any Project Acai Gift Card or otherwise limit the use of a Project Acai Gift Card if we reasonably believe that the use is unauthorised, fraudulent or otherwise unlawful.

    3. Loading Value on Your Card

    3.1. You can load value onto a Project Acai Gift Card by using a credit card, debit card or cash by visiting any participating store. Loading value onto a Project Acai Gift Card via online platforms is not valid at the moment.

    3.2. The value of your Project Acai Gift Card is subject to the following load limits: a maximum value of S$300 may be stored on any Project Acai Gift Card at any given time, and the minimum amount required on first load of the Project Acai Gift Card is S$10 and increasing in denominations of S$10 on subsequent loads. Project Acai may change these maximum and minimum amounts at any time by notifying you at the point of sale or on the Project Acai website and such change shall not constitute an amendment to this agreement.

    4. Fees and Expiry of Project Acai Gift Card

    4.1. Project Acai does not charge any fees for the issuance, activation, use or reloading of your Project Acai Gift Card unless otherwise stated. However, a minimum loading fee of $10 is required to purchase a new Project Acai Gift Card.

    4.2. Your Project Acai Gift Card will expire three years after the last date of transaction. Any remaining balance in such an expired Project Acai Gift Card will be cancelled immediately and without further notice. Any delay on part of Project Acai in cancellation or voiding any remaining balance in an expired Project Acai Gift Card shall not constitute an extension of the validity of the Project Acai Gift Card. For the avoidance of doubt, notwithstanding anything to the contrary in this Agreement, any such remaining balance shall be non-refundable.

    5. Project Acai Loyalty Program

    5.1. The purchase of a Project Acai Gift Card and the loading of value into a Project Acai Gift Card is not applicable for loyalty points issued under the Project Acai Loyalty Program via the Project Acai App.

    5.2 Loyalty Points may be accumulated via the Project Acai App when you use your Project Acai Gift Card to make payment for a purchase at any of the Project Acai stores. Accumulation of Loyalty Points using the Project Acai Gift Card as a payment method is subject to the same usage terms and conditions for the Project Acai App.

    6. Card Balance and Transaction History

    6.1. You can check the balance of your Project Acai Gift Card at any of the Project Açaí stores..

    6.2 Information on the 10 most recent transactions made on your Project Acai Gift Card may be requested by submitting an enquiry to hello@project-acai.com.

    7. Redemption

    7.1. Any amount on your Project Acai Gift Card is non-refundable and may not be exchanged for cash or credit balance unless required by law or permitted by the terms of this Agreement. All reward benefits are valid only within their stipulated periods.

    8. Refund

    8.1. There will be strictly no refunds on purchases of Project Acai Gift Cards, including corporate and bulk Gift Card purchases.

    8.2. Any balance value on your Project Acai Gift Card is strictly non-refundable nor exchangeable for cash or credit.

    9. Complaint Handling

    9.1. We reserve the right to correct the balance of your Project Acai Gift Card if we believe that a clerical, billing, accounting or technical error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Project Acai Gift Card, please contact us at hello@project-acai.com and we will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We will have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You bear sole responsibility to monitor your transactions and account balances closely.

    10. Optional Registration; Liability for Unauthorised Transactions

    10.1. You may register your name and mobile number to your Project Acai Gift Card at any of the Project Acai stores.

    10.1.1 In the event that your Project Acai Gift Card is lost or stolen, and we are able to trace your card number based on your registered details, any balance on your lost or stolen card may be transferred to a new card, subject to a non-negotiable administrative fee of S$2.

    10.2 Notwithstanding clause 10.1.1, because your Project Acai Gift Card is used like cash for purchases from Project Acai, you are responsible for all transactions associated with your Project Acai Gift Card, including unauthorised transactions. If your Project Acai Gift Card is lost, stolen or destroyed, the Project Acai Gift Card cannot be replaced and the balance remaining will not be retrievable.

    PART TWO: IMPORTANT LEGAL TERMS

    11. Changes to This Agreement

    11.1. We may amend the terms of this Agreement at any time for security, legal, regulatory or commercial reasons. We will post the terms of the revised Agreement on the Project Acai Website. Any amendment will become effective at the time indicated on the revised Agreement on the Project Acai Website. Unless stated otherwise, the amendment(s) will apply to your future and existing Project Acai Gift Card. Use of your Project Acai Gift Card from the effective date of the amended terms and conditions will apply to you and are deemed to be accepted by you. If you do not accept the amendments, please do not use your Project Acai Gift Card and write to us at hello@project-acai.com. We will allocate you a buffer period to be determined by us to use any amounts remaining on your Project Acai Gift Card. Upon expiration of the buffer period, your Project Acai Gift Card will be cancelled and any remaining amount or balance will not be non-exchangeable, retrievable or refunded to you.

    12. Cancellation of This Agreement

    12.1. We may suspend or terminate this Agreement at any time by giving you reasonable prior notice. We need not, however, give you notice where we have serious grounds for considering that immediate termination is required (e.g. if we reasonably suspect fraudulent or unauthorised use of the Project Acai Gift Card). If we terminate this Agreement in circumstances where it is determined you are not in breach of this Agreement, we will refund or issue store credits equal to the balance held in your Project Acai Gift Card account less any amounts that you owe us. In the event that this Agreement is terminated, this Part Two shall continue to apply as between us in respect of anything either of us did whilst this Agreement was in force.

    13. Governing Law

    13.1. This Agreement is governed by the laws of Singapore. You hereby agree to submit to the exclusive jurisdiction of the courts of Singapore in connection with any dispute arising from this Agreement.

    14. Disclaimers and Limits of Liability

    14.1. Project Acai does not represent or warrant that your Project Acai Gift Card will always be accessible or accepted at participating Project Açaí stores.

    14.2. In the event that Project Acai is held liable to you under this Agreement, you will be entitled to recover from us your actual damages, up to a maximum of the last balance (based on our records) held on your Project Acai Gift Card in question.

    14.3. To the fullest extent permitted under applicable law, in no event shall (i) Project Acai and its affiliated companies (including their employees, officers, directors, contractors, service providers, advisors and consultants) and (ii) project acai corporation and the project acai corporation group of companies, be liable to you for any damages for loss of goodwill, loss of income, lost profits, loss, theft or corruption of user information, the inability to use the project acai gift carf, or any of its features or device failure or malfunction, indirect losses, special, incidental, consequential, punitive or exemplary damages.

    14.4. Project Acai will not be liable to you for:

    (a) any unauthorised access to or alteration, theft or destruction of your Project Acai Gift Card, unless caused by the gross negligence of Project Acai;

    (b) the consequences of any delay or mistake relating to the use of your Project Acai Gift Card caused by any circumstances beyond Project Acai’s control;

    (c) any loss or damage which was not caused by our breach of this Agreement or breach of our legal duty of care; and/or

    (d) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.

    15. Assignment

    15.1. We may transfer all or part of this Agreement without such transfer being considered a change to the Agreement, by giving notice to you. The company or other entity to whom we transfer this Agreement will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of this Agreement so that you rights under this Agreement are not detrimentally affected and we will then be released from all liability.

    16. Construction

    16.1. All correspondence entered into under this Agreement will be in the English language. This Agreement (including all other terms and conditions referenced and/or incorporated herein) is the complete and exclusive statement of agreement between you and Project Acai and supersedes all prior proposals and all other agreements in respect of the subject matter of this Agreement. If any provision of this Agreement is illegal or unenforceable, that provision will be deleted from this Agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this Agreement.

    Contact Us

    We welcome your questions, comments and concerns you might have regarding any of the above-mentioned terms and conditions.

    You may contact us at: hello@project-acai.com