Premium Water Terms of Use

SINGAPORE FLC PTE. LTD. (the "Company") has formulated this Terms of Use (the "Terms") and may provide drinking water delivery service (the “Service") that sells drinking water (the “Product") and provides a water server dedicated to the Product (the "Server").　Note that the term "Customer" refers to a party to use the Service with consent of the Company. When the Customer uses the Service, the Company will deem that the Customer has agreed to this Terms as well as our Privacy Policy specified separately. The Customer shall not use the Service without consent to the Terms and the Privacy Policy. The Customer shall read this Terms and the Privacy Policy carefully before using the Service.

The Customer can use the Service only when the shipping address specified by the Customer is within the delivery area of YAMATO TRANSPORT (S) PTE. LTD.

Article 1. (Application for The Service and Conclusion of Contract)

1. The Customer shall submit an application for the Service after agreeing to the Terms.
2. The Customer shall report the following items of information in accordance with the format specified by the Company when applying for the Service (Hereafter, each item below is collectively referred to as "Report Item").
   (1) The desired Server's colors;
   (2) Want to buy or rent the Server;
   (3) Name, address, and contact number; and,
   (4) Settlement Method.
3. The Customer shall submit the Customer's desired delivery details in the following items, in accordance with the format specified by the Company at the time of application for the Service (Hereafter, each item below is collectively referred to as "Delivery Details".)
   (1) First delivery date and time of the Product and the Server;
   (2) Delivery destination of the Product and the Server; and,
   (3) Number of deliveries and delivery cycle of the Product per delivery.
4. If the Customer rents the Server, the Customer may use it for a minimum of two years from the usage start date of the Service. On the other hand, there is no minimum usage period when the Customers buy the Server.
5. A service agreement between the Customer and the Company (hereinafter referred to as the "Service Agreement") shall be deemed to be concluded when the Company accepts the application for the Service. And completing the registration of the Customer's information in the Company's customer management system is deemed to be the Company's consent.
6. If there is a change in GST, the price of the Service will be revised according to the relevant tax rate.

Article 2. (Changes in Report Item and Delivery Details)

1. If the Customer wish to change the Report Item or Delivery Details, the Customer needs to contact the following.
   •SINGAPORE FLC Premium Water Customer Centre (hereinafter referred to as the "Customer Centre")
   •Contact number: 3165-5069 (ten am to 6 pm other except at the year-end and New Year holidays)
   •Email address: reception@flc-inc.sg
2. In the event of any change in the Report Item or Delivery Details, the Customer shall notify the Customer Centre without delay.
3. In the event any notice, documents, or other items sent by the Company arrive late or fail due to the absence of such notification as set forth in the preceding paragraph, such notice, documents, or other items shall be deemed to have arrived at the Customer at the time when such notice should normally arrive. Provided, however, that this provision shall not apply where there are unavoidable circumstances.
4. The change contents of the Report Item or Delivery Details shall be updated the day after the Company receives the said notification.

Article 3. (Order and Delivery)

1. The Product is delivered to the Customer on a regular basis according to the Delivery details. (Hereinafter referred to as the "Regular Delivery")
2. If additional deliveries (hereinafter referred to as the "Additional Delivery") are required in addition to the Regular Delivery, the Customer shall place the order to the Customer Centre. And the Company will ship the Product to the Customer after the day after receiving the order.
3. The Customer may also contact the Customer Centre for requests other than Additional Delivery.

Article 4. (Product Fee and Payment)

1. Based on the shipment results of Regular Delivery and Additional Delivery, the Customer shall pay the Product fee stated on the official website of the Company on a monthly basis to the Company in accordance with the Report Item.
2. The Customer who buys the Server shall pay to the Company two hundred and ninety Singapore Dollars (S$290) (excl. Tax) per Server as purchase price. The Customers who rents the Server shall pay to the Company two hundred Singapore Dollars (S$200) per Server as a deposit. Provided, however, that this shall not apply when otherwise agreed with the Company.
3. The Customer shall pay the price set forth in Paragraph 1 of this Article and the purchase price or deposit set forth in Paragraph 2 of this Article (hereinafter collectively referred to as the "Service Fee") by way of credit card payment or cash on delivery.
4. If the Service Fee payments are not completed by the due date, the Company may notify the Customer, and the Customer shall be obliged to pay compensation at the yearly rate of 20%.
5. Receipts shall be issued to the Customer in the manner specified by the Company.

Article 5. (Compliance Matters)

1. The Customers shall comply with the following conditions when using the Service.
   (1) Be sure to consume the Product before the expiration date.
   (2) Install and handle the Server in accordance with the attached instruction manual.
   (3) Maintain each part of the Server in accordance with the attached instruction manual.
   (4) Do not install anything, including but not limited to the other company's bottled water, other than the Product on the Server.
   (5) Do not change the installation address of the Server without notifying the Company.
   (6) Do not assign or sublet the Product, Server or the contractual status to any third party.
   (7) Do not perform the prohibited acts specified by the Company.
   (8) Do not install in places with underfloor heating, carpets, or underfloor wiring, in case of water leakage from this Server due to defective insertion into the water bottle or incorrect usage.
   (9) Do not place precision instruments and valuables around this Server.

Article 6. (Suspension and Termination)

1. "Pause" means stopping the provision of the Service temporarily according to the Customer's request.
2. "Suspension" means the forced Suspension of the Service by the Company.
3. "Termination" means "Voluntary Termination" and "Forced Termination".
4. "Voluntary Termination" means that the Customer notifies the Company of the Termination of the Service Agreement and terminates the Service Agreement thorough the procedures designated by the Company
5. "Forced Termination" means that the Company may forcibly terminate the Service Agreement on the ground that the Customer falls under any of the items of the paragraph 12 in this Article.
6. "Termination Date" means, in the case of the Voluntary Termination, the date on which the Company confirms the Customer's termination notice and completes the procedures designated by the Company, in the case of the Forced Termination, the date on which the Company reasonably recognizes that the events described in each item of the paragraph 12 in this Article have occurred.
7. If the Customer wants to Pause the Service, the Customer can request it of the Customer Centre.
8. If the Product is not delivered continuously during the number of days stated in the following items starting from the scheduled Product delivery date just before the day on which the Customer requests to pause of the Company (the “Pause Period"), the Customer shall pay the pause fee listed below for each Server.
   (1) 60 days; Ten Singapore Dollar (S$10) (excl. Tax)
   (2) 90 days; Ten Singapore Dollar (S$10) (excl. Tax) additionally
   (3) If the Pause Period reaches 120 days, the Service Agreement shall be forced terminated.
9. If any of the following applies, the Company may Suspend the Service.
   (1) If the Company could not confirm the payment of the Service Fee.
   (2) If the Product is returned to the Company even though the Company has shipped the Regular Delivery or Additional Delivery (including cases where the Product cannot be received because the Customer is not at the destination and the Product is returned to the Company).
10. In the event of Item 2 of the preceding paragraph, the Customer shall pay the delivery service fee of fifteen Singapore Dollar (S$15) (excl. Tax) per set of Product. If the Product is not delivered continuously during the number of days stated in the following items starting from the scheduled Product delivery date just before the day on which the Company suspend the Service (the “Suspension Period"), the Customer shall pay the pause fee listed below for each Server.
    (1) 60 days; Ten Singapore Dollar (S$10) (excl. Tax)
    (2) 90 days; Ten Singapore Dollar (S$10) (excl. Tax) additionally
    (3) If the Suspension Period reaches 120 days, the Service Agreement shall be forced terminated.
11. In the case where the Customer requests the Voluntary Termination, the Customer shall fulfill all obligations to the Company arising under this Terms by the date specified by the Company. In addition, if the Customer rents the Server, the Customer shall return in according to the method designated by the Company. Once the Company confirms the fulfillment of all the above obligations by the Customer, the Voluntary Termination procedure is completed.
12. In the event that the Customer falls under any one of the following items, the Company may execute the Forced Termination without giving any notice or demand to the Customer;
    (1) In the event that the Customer makes a false declaration relating to the Customer's identification or the judgment of the credit situation such as the name and address at the time of application for the Service;
    (2) In the event of a delay in the payment of the Service Fee or any other fee relating to the Service;
    (3) In the event the credit standing of the Customer is deemed objectively to have deteriorated;
    (4) In the event of damage to the Company's reputation or any other right;
    (5) In the event that there are any acts that would bother other customers;
    (6) In the event of breaking the trust relationship with the Company significantly by violating the obligations under the Terms such as the Compliance Maters described in Article 5;
    (7) When the Company determines that the provision of the Service to the Customer is inappropriate due to circumstances similar to the above items;
    (8) In the case where item 3 of paragraph 8 in this Article applies;
    (9) In the case of item 2 of paragraph 9 in this Article, if there is no order for the Product within 120 days from the scheduled delivery date for the Product to the Customer originally instructed;
    (10) In the case where the Customer is found to belong to an antisocial force or to have a relationship with an antisocial force; or
    (11) In the case where the Customer or a third party instructed by the Customer acts against the Company or its consignee in an unreasonable demand act beyond legal liability, fraud, a threatening language, or any other similar acts.
13. The Customer who rents the Server agrees to deduct the following early termination fee from the deposit if the Service Agreement will be terminated less than two years from the Service start date.
    (1) Less than one year: Two hundred Singapore Dollars (S$200) (excl. Tax)
    (2) one year to less than two years: one hundred Singapore Dollar (S$100) (excl. Tax)
14. The Customer who has rented the Server shall return the Server to the Company within 30 days from the date of notification of the Voluntary Termination, and the Company shall promptly refund the deposit to the Customer after confirming the return. If the return of the Server is not confirmed, the deposit shall not be refunded regardless of the usage period of the Service.
15. In the case of the Forced Termination, all obligations of the Customer under the Terms shall be accelerated and become immediately due and payable. If the Customer rents the Server, the deposit may not be refunded regardless of the usage period of the Service.
16. The Customer's obligation to the Company during the usage period of the Service shall be paid promptly by the end of the Service Agreement. If there is any uncompleted obligation, the Customer shall be responsible for the fulfillment even after the termination of the Service Agreement.

Article 7. (Principle of Protection of Personal Data)

The Company shall appropriately handle the Customer' personal data which is acquired in the course of providing the Services (“Personal Data") in accordance with the Personal Data Protection Act 2012 (No. 26 of 2012) and the Company's "Privacy Policy", and a Customer agrees that the Company may collect, use and disclose its Personal Data according to the Privacy Policy.

Article 8. (Transfer of Service Agreement)

1. 1. The Company may transfer the contractual status of the Service Agreement hereof to the third party.
2. Even if the contractual position is transferred based on the preceding paragraph, in principle, the Company will supply the Product and Server to the transferee, and the transferee will maintain the provision of the Service to the Customer, so the Customer may receive this Service without any changes.
3. In the case of the previous paragraph, the Company will notify the Customer of the name of the transferee, and the Customer shall be deemed to have accepted such transfer if the Customer does not raise any objection to the Customer Centre within two (2) weeks following the receipt of the notice.

Article 9. (Customer's Liability)

1. The Customer shall indemnify for any damage caused by the Customer's violation of any Terms or any other agreement between the Customer and the Company.
2. In the event that the Server is damaged due to the use of the Server in contravention of the compliance matters prescribed in Article 5, the Customer shall compensate for the damage up to three hundred Singapore Dollars (S$300) (excl. Tax) depending on the condition of the Server.

Article 10. (Warranty Disclaimer and Exemption of Liability)

1. In the event the Company is unable to provide the Service due to any of the following circumstances, the Company shall be exempted from its liability for performance and any damages;
   (1) Natural disasters;
   (2) Enactment or revision of laws or any other regulations or administrative guidance;
   (3) Delay due to bad weather, traffic conditions, or similar reasons; or
   (4) Other serious reasons that make it difficult to provide this Service.
2. In the event the circumstances described in the preceding paragraph are unlikely to be resolved, the Company may suspend the provision of the Service to the Customer.
3. The Company shall fulfill its obligations under this Terms only to the Customer who has entered into a Service Agreement with the Company, and shall not be liable in this Terms for any third party who acquires the Product or Server without the consent of the Company, regardless of whether paid or not.
4. The Company shall not indemnify the Customer for the damage that occurs when the Product or Server is installed based on the Customer's decision in the absence of the Company's malicious intent or material negligence. The Company shall not be liable for any damage, including but not limited to water leaks and burns, caused by using the Product or Server for the purpose or method contrary to the description of the Term, the instruction manual or any other materials related to the Service.
5. The Company shall not be liable for any damage caused by the use of the Product or Server in contravention of the compliance matters prescribed in Article 5.

Article 11. (Change the Service)

1. The Company may change the contents of all or part of the Service with providing prior notice to the Customer via the Company's official web site (https://flc-inc.sg/) ; provided, however, that the Company shall be able to change the Service without giving any notice to the Customer if the content of such change is not important.
2. The Company shall not be liable for any loss or damages which the Customer suffers from due to the change of the Services pursuant to the preceding paragraph.

Article 12. (Severability)

If any provision of this Terms is found invalid or unenforceable by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected in any way. The parties hereto shall negotiate in good faith to replace the invalid or unenforceable provision by a provision closest possible to the original intent of the invalid or unenforceable provision.

Article 13. (Third Party Rights)

1. Any person who is not a party to this Terms has no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) and may not enforce nor enjoy the benefit of any provision of this Terms.
2. Notwithstanding any provision of this Terms, the consent of any person who is not a party to this Terms is not required to rescind or vary this Terms.

Article 14. (Entire Agreement)

The Terms constitutes the entire agreement between the Customer and the Company with respect to the subject matter of this Terms and it cancels and supersedes any prior understandings and agreements between the Customer and Company as to that subject matter. Any Customer may not assign any of the Customer's rights or obligations under this Terms without the Company's prior written consent.

Article 15. (Governing Law and Dispute Resolution))

1. The Terms shall be governed by and construed in accordance with the laws of Singapore.
2. Any dispute arising in relation to the Services shall be submitted to a court of Singapore as the competent court of agreed exclusive jurisdiction for the first instance.

FORMLATED ON: 13 August 2019