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Terms and Conditions

Terms and Conditions

Version date: 1.0 dated 10th July 2019

The terms as hereafter set forth (this "Agreement") set out the basis upon which Food Industry Asia (hereinafter "FIA", "we", "us", or "our" as the context requires) makes our website (accessible at www.foodindustry.asia) (the "Website") available to you. A reference to the "Website" includes but is not limited to the material and information contained in the Website, including any services, content, data, text, images, links, sounds, graphics, RSS, API, software, other downloadable materials, and video sequences displayed therein, as may be applicable.

In this Agreement, the individual, entity or person to whom this Agreement apply to shall hereinafter be referred to as "you" or "your" as the context requires.

You are deemed to have read and accepted the Agreement by continuing to access or use the Website.

We may change this Agreement from time to time by posting amendments at the following URL: http://foodindustry.asia/terms-and-conditions. By you continuing to use the Website after any such amendment, you agree to be bound by the Agreement as so amended.


  1. Your Use of the Website
    1. Subject always to your continuing compliance with the terms of this Agreement, we agree to grant you a non-transferable, non-exclusive licence to:
      1. retrieve and display the Website on any compatible device owned by you; and
      2. store the Website in electronic form on the computer or on a mobile device owned by you (but not on any server or other storage device connected to a network,
      3. and only for your internal business purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved by FIA.
    2. You undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
      1. decompile, reverse engineer or otherwise attempt to discover the source code of our Website or any components thereof, except under any specific circumstances expressly permitted by law or by us in writing;
      2. communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Website;
      3. use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable law, including infringement of our intellectual property rights or those of any third party in relation to the Website;
      4. use the Website in a way that could damage, disable, impair or compromise the Website (or the systems or security of the Website or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of FIA;
      5. use any automated process or service to access and/or use the Website;
      6. reproduce, adapt, republish, translate, publish, display, communicate, hyperlink, post, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the whole or any part of the Website in any manner or by any means or stored in an information retrieval system except to the extent permitted and with our prior written permission and/or that of the relevant rights owner; and
      7. reproduce, display or otherwise provide access to the Website on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission.
    3. You further undertake to:
      1. at your sole responsibility and at your own cost:
        • take such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a third party;
        • obtain all necessary hardware, software and communications services necessary for your use of the Website;
        • install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of the Website; and
        • make back-ups of data or other content posted via the Website, as these may be subsequently deleted by us or our service providers at any time without notice to you;
      2. comply with all applicable laws; and
      3. where applicable, be solely responsible for payment of all relevant subscription fees for the use of the Website, and abide by all applicable payment terms as we may make known to you on our Website.
    4. You agree and acknowledge that:
      1. we may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the Website and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing the Website;
      2. the Website will use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of the Website may be made public on the Website, and also read or intercepted by others. Use of the Website is entirely at your own risk;
      3. we shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third party rights, or for any reason whatsoever. Any editing or removal of any such content from the Website shall be without prejudice to our other rights and remedies available at law;
      4. the intellectual property rights in all materials published on Website (including, but not limited to documents or data in any format, news articles, photographs, images, illustrations, audio clips and video clips) are owned by FIA or the party credited as the provider of such materials. You shall at all times abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Website;
      5. the licences granted herein do not confer on you any rights to use any other intellectual property rights of FIA, including FIA logo and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Website, all of which are and remain the property of FIA; and
      6. we shall have the right to at any time and from time to time:
        • automatically update the Website and its components, add or remove functionalities, features or services (collectively, "Website Functions"), vary user account rights or impose user account restrictions, resource limits or fees or suspend or terminate Website Functions and/or user rights; and
        • deny or restrict access to the Website or any Website Functions whether to any user or generally, or to block access from or to any resources, at any time, including in the event of a violation or alleged violation of this Agreement, your act or omission that causes harm to FIA's or its affiliates' brand, reputation or business as determined by FIA in its sole and absolute discretion, without ascribing any reasons whatsoever,
          and in any such event, you agree that no claims shall lie against us or our agents or our service providers in connection therewith.
  1. Your Account
    If in connection with your use of the Website, you sign up or register for an account on the Website, the following terms shall apply:
    1. You shall create log-in credentials by selecting a password and providing a valid corporate e-mail address and such other registration information as required from time to time, all of which must be accurate and updated.
    2. You must not use log-in credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach by you of this Agreement, which may result in immediate termination of your account.
    3. You shall not provide, distribute or share, or enable the provision, distribution or sharing of, your log-in credentials (or any data from the Website associated therewith) with any third party.
    4. We will treat all data and information provided by you as well as interactions with the Website to have been provided or carried out by you without further inquiry or investigation. We may also prescribe other security procedures applicable to the Website, which you must comply with.
    5. You shall, in your sole responsibility, maintain the confidentiality of your account information for the Website (including any user IDs and passwords) and you will be responsible for any disclosure or unauthorised use thereof. You shall not at any time disclose such account information to any other party.
    6. We shall not be responsible or liable for any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of your account information and/or performing any transactions. If you believe that the security of your account information has been compromised, you shall forthwith notify us immediately.
    7. By signing up for an account on the Website, you represent and warrant that:
      1. you are of legal age or have the full right, power, and legal authority to enter into this Agreement;
      2. you will not authorise other persons to use your account nor transfer or assign it to any other person; and
      3. you are not impersonating any other person, operating under an alias or otherwise concealing your identity.
        We shall be entitled, in the exercise of our sole discretion, to (i) refuse your application or to terminate the use of your account if you fail to fulfil any one of the eligibility criteria above; and/or (ii) change the eligibility criteria for registration at any time.
    8. You may terminate your account at any time by giving FIA notice in writing. In the event of termination of account, all Fees (as defined below) paid are non-refundable.
  1. Fees
    1. Certain functionalities, features or services on the Website will only be accessible on a subscription basis ("Subscription Functionality"). Your use of the Subscription Functionality is subject to your due and timely payment of fees prescribed by us from time to time ("Fees"). All Fees shall be paid in advance, are non-refundable (even in the event of early termination or non-availability of any account or the Website) save as permitted under applicable refund policies as may be notified to you, and you further agree to bear all taxes and other duties payable thereon (including in the case of bank transfers, any bank charges thereon). All Fees are to be paid in accordance with specific instructions as may be prescribed by FIA from time to time.
    2. We may use payment gateway providers or payment processing agents to process your payment of Fees. If you wish to pay with your account with our payment gateway providers or payment processing agents, you will be redirected to its secured payment page. If you provide your credit card details, you authorise us, our payment gateway providers and/or our payment processing agents to charge your credit card account automatically upon the expiry of each payment period as applicable in relation to your Fees (if any). If we cannot charge your card successfully, we have the right to immediately terminate access to your account, members' portal and/or regulatory hub functionality, and all data, settings and other information associated with your account may be irretrievably deleted.
    3. We may increase any Fees payable at any time and for any reason upon providing you prior written notice.
  1. Privacy Policy
    1. It is a continuing condition of your use of the Website that you agree and consent to the terms of our privacy policy as amended from time to time, available at http://foodindustry.asia/privacy-policy ("Privacy Policy"), the terms of which are also incorporated into this Agreement by reference and apply to your use of the Website.
    2. If in connection with your use of the Website, you provide the personal data of any third parties, you warrant and represent that the said third parties have also consented to the terms of the Privacy Policy, and to the collection, use and disclosure of their personal data in accordance with the aforesaid.
    3. You warrant and represent to us that all personal data which is submitted to us by you through your use of the Website is complete, accurate, true and correct.
    4. The Website may provide links to external sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites.
    5. The Website uses cookies. A cookie is a small text file which is placed on your device whenever you run or use the Website. These cookies collect information about your use of the Website. We use cookies and other technologies to facilitate your use of the Website and to improve your experience of the Website. You may change the settings on your device to block the use of cookies. However, if you do choose to block the cookies used in the Website, you may not be able to use certain features and functions of the Website.
  1. Third Party Content
    1. The Website may display, publish or make available content that is not provided or published by us (including for example, content provided by third party content aggregation services or information providers) ("Third Party Content"). Such content is the sole responsibility of the person or entity that makes it available. We are not responsible for such Third Party Content, and we do not have control over the selection thereof, nor do we routinely monitor such content. FIA makes no representations or warranties as to the veracity or accuracy of such content, the reproduction and use of which may be governed by the third party content provider's terms of use.
    2. You further acknowledge and agree that any use by you of any content submitted by any third party or which is made available through the Website (including Third Party Content) is entirely at your own risk. FIA does not verify and is not in a position to verify any party's rights to submit any content on the Website, and FIA takes no responsibility and assumes no liability, whether direct or indirect or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits or any other commercial damages or losses, for any content posted by you or any third party, or for your use of the same.
  1. Third Party Sites and Links
    1. We may provide links and references to third party sites (e.g. articles). We have no control over such third party sites, and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such sites or resources, including Third Party Content. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource.
    2. You further acknowledge that your access to and/or use of third party sites is entirely at your own risk, and that third party sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those sites and resources.
    3. We do not warrant that the third party sites will meet your requirements or that the same will not cause you any loss of any kind, and you agree that to the maximum extent permitted by law, FIA shall not be liable for any loss or damage of any kind incurred in connection with your use or reliance on any content, information or other materials on or available through such third parties.
  1. No Endorsement
    1. You agree that all content, information and Third Party Content made available on the Website are of a general nature which have not been verified, considered or assessed by us in relation to the making of any specific investment, business or commercial decision. You should at all times consult your professional advisers and obtain independent verification of the information and data contained herein before making any decision based on any such information or data. Nothing on the Website shall be considered or construed as the giving of any advice in respect of, shares, stocks, bonds, notes, interests, unit trusts, property trusts, mutual funds or other securities, investments, loans, advances, credits or deposits in any jurisdiction.
    2. You acknowledge and agree that FIA:
      1. does not endorse or recommend any products or services via the Website and that any arrangement entered into between you and any other user of the Website or any third party named or linked to from the Website is at your sole risk and responsibility; and
      2. is not responsible for any of the information made available or accessed on or through the Website or any Third Party Content or any decisions made by you based on any information posted on the Website. You further understand, acknowledge and agree that we make no warranties or representations in respect of, nor do we guarantee the accuracy, timeliness, completeness, integrity or quality of any information or Third Party Content or any other content or material which may be accessed or made available via the Website.
  1. Disclaimer of Warranties and Liability
    1. To the maximum extent permitted by law, you irrevocably agree and acknowledge that:
      1. the Website (together with any Website Functions, Third Party Content or other content or information provided via the Website) are provided on an "as is" and "as available" basis with all faults and without warranty of any kind. We do not warrant the accuracy, adequacy or completeness of the Website (together with any Website Functions, Third Party Content or other content or information provided via the Website), and expressly disclaim liability for errors or omissions in the Website (together with any Website Functions, Third Party Content or other content or information provided via the Website);
      2. we do not warrant that the Website will meet your requirements, that the operation of the Website will be uninterrupted or error-free, or that defects in the Website will be corrected. Without prejudice to the foregoing, FIA does not warrant and hereby disclaims any representation, warranty or term with respect to the Website, whether express, implied or statutory, including but not limited to:
        • merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the Website;
        • the Website being uninterrupted or error-free, or that defects will be corrected or that the Website and any related computer system is and will be free of all viruses and/or other harmful elements;
        • the Website will at all times be available and/or accessible;
        • non-interference with your enjoyment of the Website; and
        • the Website being compatible or working with any third party software, applications or third party services.
      3. You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, use of the Website is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
      4. Further, nothing in this Agreement constitutes any representation or warranty by FIA as to your rights (if any) to use any content submitted by any third parties, including Third Party Content, all of which representations and warranties are expressly disclaimed.
      5. The Website may comprise different microsite(s) from time to time, including providing information on the relevant country's regulations ("Regulatory Hub"). If you are using the Regulatory Hub, the following terms shall apply:
        • all materials published on the Regulatory Hub ("Regulatory Hub Materials") are provided for general information purposes only, and FIA does not provide any legal or other professional advice;
        • without prejudice to the generality of Clause 8.4(a), FIA takes no responsibility for, and makes no representations and gives no warranties as to, the truth, accuracy and completeness of the contents of the Regulatory Hub Materials, and/or that the Regulatory Hub Materials are a comprehensive or representative collection of materials on the particular topics addressed in the Regulatory Hub Materials, or on topics of interest to the food industry generally. Information provided in the Regulatory Hub Materials, being general in nature, may not be suitable to your particular circumstances and should not be relied on or considered as a substitute for the advice of a lawyer or other appropriately qualified professional advisor. FIA is not responsible for any loss, damage or cost resulting from any decisions that are made in reliance on such information, and any person who accesses, read and rely in any way on the Regulatory Hub Materials do so at their sole risk; and
        • all warranties, representations, conditions and other terms implied by statute or common law are excluded to the maximum extent permitted by applicable laws. FIA makes no representations or warranties to any person of any kind, express or implied, as to the information, content or materials included in the Regulatory Hub Materials.
  1. Indemnity
    1. You agree to fully indemnify and hold harmless FIA, our affiliates, officers, employees, directors, owners, agents, service providers, information providers, licensors and licensees, successors and assigns (collectively, the "Indemnitees") from and against any claim, action, proceeding, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) your breach of this Agreement and any terms relating to your use of the Website; (b) your access or use of the Website; (c) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred; and (d) your breach of any rights of any other person. You shall cooperate as fully as reasonably required in the defence of any such claim, action or proceeding. FIA reserves the right, at its own expense, to assume the exclusive defence and control of any claim or matter subject to indemnification by you.
    2. This Clause 9 shall survive the termination or expiration of this Agreement (howsoever caused).
  1. Exclusion of Liability
    1. To the maximum extent allowed under applicable law:
      1. the Indemnitees shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the Website, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any Third Party Content or other content or any other information made available or accessed on or through the Website or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
      2. in no event shall the Indemnitees be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Website, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
    2. In no event shall the Indemnitees' total liability to you for any and all damages not excluded (other than as may be required by applicable law in cases involving personal injury) exceed in aggregate S$100.00.
  1. Termination
    1. We have the right to terminate and/or suspend your account and/or access to the Website, where applicable, without prior notice to you at any time for whatsoever reason, and are not obligated to disclose the reason behind the termination and/or suspension.
    2. Upon suspension or termination of your use of the Website, you remain liable for all payment transactions and/or any other obligations you may have incurred under this Agreement.
  1. Force Majeure
    Save as is otherwise specifically provided in the Agreement, we shall not be liable for failures or delays in performing our obligations hereunder arising from any cause beyond our reasonable control, including without limitation, acts of God, outbreak of hostilities, civil disturbance, acts of civil or military authority, fires, strikes, lockouts or labour disputes or industrial action of any kind, epidemics, governmental restrictions, wars, terrorist acts, riots, explosions, fire, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems, and in the event of any such delay, the time for our performance shall be extended for a period equal to the time lost by reason of the delay and any additional recovery time required by us.
  1. Notification of Infringement
    1. We reserve the right to investigate notices of copyright, trade mark and other intellectual property infringement ("Infringement") in respect of all content and information on the Website ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the Website, please notify us in writing immediately in the form and containing the information prescribed by the Copyright Act (Chapter 63 of Singapore) ("Infringement Notice").
    2. All Infringement Notices shall be sent to us addressed as follows:
      Attention: FIA Secretariat
      Email Address: info@foodindustry.asia
    3. We will only process notices in the English language that comply with the Singapore Copyright Act, other applicable laws and the terms of this Agreement. Any notices that do not comply with the above will be rejected.
    4. We will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any Infringing Material, unless you have first given us the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter we refuse or fail to remove the Infringing Material within a reasonable time. Where we remove the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on the Website prior to such removal by us.
  1. General
    1. Each of the terms and conditions in this Agreement is severable and distinct from one another and if at any time, any one or more of this Agreement and conditions or any part thereof is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not thereby be affected or impaired in any way and will remain in force.
    2. The rights and remedies provided in this Agreement are cumulative and not exclusive of any other right or remedies (whether provided by law or otherwise).
    3. No failure on our part to exercise and no delay on our part in exercising any right or remedy under this Agreement will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right of remedy. Any waiver by us of our rights or remedies in respect of any terms under this Agreement or any breach of this Agreement on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.
    4. Unless the context otherwise requires, words importing the singular shall also include the plural and vice versa. Words denoting the masculine gender include the feminine gender and both shall include the neuter gender.
    5. The headings in this Agreement are inserted for ease of references only and shall not affect the construction of this Agreement.
    6. This Agreement, and the documents in it, constitutes the entire agreement between you and us with respect to your use of the Website and you have not entered into this Agreement in reliance upon any representation, warranty or undertaking of FIA which is not set out in this Agreement. Nothing in this Clause 6 shall however operate to limit or exclude liability for fraud.
    7. The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
    8. No failure on the part of any party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement 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. The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
    9. Except for the Indemnitees referred to in Clause 1, a person who is not a party to this Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore). Notwithstanding any term of this Agreement, the consent of any person who is not a party to this Agreement is not required to rescind or vary this Agreement at any time.
  1. Governing Law
    Your access and use of the Website as well as this Agreement shall be governed by Singapore law and you agree that the Singapore courts shall have exclusive jurisdiction over all disputes relating thereto.
  1. Contact Us
    If you have any queries, you may contact us by email at info@foodindustry.asia.
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