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Consumer Advisory
"Banquet Holdings Pte Ltd ("Banquet"), the holder of the Banquet stored value facility ("Belly Good Card"), does not require the approval of the Monetary Authority of Singapore. Consumers (users) are advised to read the terms and conditions carefully".
1. Definitions
1.1. The following terms are defined as follows:
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"Administrative Card Fee" |
- This is the non-refundable payment for the purchase of the Belly Good Card |
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"Banquet" |
- means Banquet Holdings Pte Ltd |
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"Belly Good Card" |
- Prepaid stored value facility issued by Banquet Holdings Pte Ltd for payment of Banquet products in Singapore only. |
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"Card Retail Kiosk" |
- Points manned by Banquet staff responsible for top-up of or refund from Belly Good Cards and provision of other services as may from time to time be determined by Banquet at its sole discretion. |
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"Outlets" |
- Place of business owned and / or leased and operated by Banquet, its respective employees, officers, licensees, agents and / or any party from time to time appointed by Banquet to operate business at any of Banquet’s registered places of business and equipped with the Payment System. |
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"Participating Card Payment Outlets" |
- Banquet outlets where payment or transaction for products can be made with the Belly Good Card. |
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"Payment System" |
- The computerized system operated by Banquet Holdings Pte Ltd whereby, inter alia, payment for or transaction of products may be affected by the User using the Belly Good Cards. |
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"Products" |
- Food, drinks, foodstuff, edible products or any service from time to time made available at any Banquet Outlets. |
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"Stored Value" |
- The monetary value paid for and stored in a Belly Good Card or the residual value remaining therein from time to time, excluding the Administrative Card Fee, which may be used by the User for the payment for or transaction of Belly Good Card Products. |
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"User" |
- Any person using a Belly Good Card to effect transactions for products at any Banquet Outlet (excluding persons who are appointed or authorized to sell Belly Good Cards, effect top-ups or refunds, or replace Belly Good Cards). |
1.2 Words importing the singular include the plural and vice versa and, words importing a gender include every gender. References herein to Clauses shall mean the clauses of these Terms and Conditions.
2. Relationship
2.1 The Belly Good Card is issued by Banquet and its Terms and Conditions shall bind every User. Banquet shall only be liable to the User in respect of the Stored Value without any interest accruing.
3. Issuance and Validity of the Belly Good Card
3.1 The Belly Good Card is issued subject to the payment of an Administrative Card Fee and any other fees or charges, if any, as may be imposed from time to time by Banquet and to these Terms and Conditions. The purchase of the Belly Good Card or subsequent use thereof by the User shall be deemed to be acceptance by the User of these Terms and Conditions.
3.2 The Administrative Card Fee is presently fixed at $5 (Singapore dollars Five Only) per Belly Good Card, and Banquet reserves the right to change the Administrative Card Fee from time to time as it may deem fit without notice.
3.3 All Belly Good Cards are valid for an initial period of 2 years from the date of purchase (the "Validity Period").
3.4 Upon expiry, all Belly Good Cards can be renewed at any Belly Good Card Retail Kiosk for any number of times for a further period of 2 years on each renewal ("Further Validity Period") subject to payment of the Administrative Card Fee. However, the Administrative Card Fee shall be waived if the accumulated spending on the Belly Good Card during the Validity Period or the immediately preceding Further Validity Period, as the case may be, exceeds $2,000 (Singapore Dollars Two Thousand Only) and the renewal is effected within 3 months of the expiry of the Validity Period or the Further Validity Period as the case may be.
3.5 Banquet may at their sole discretion from time to time vary the Validity Period and Further Validity Period for the Belly Good Card.
4. Belly Good Card Transactions and Stored Value
4.1 Belly Good Card is available for sale and top up value in denominations of $2, $5, $10, $50 up to a maximum store value of $100 per Belly Good Card not inclusive of the Administrative Card Fee.
4.2 The Belly Good Card shall be used as a means of payment or transaction of products at all Participating Card Payment Outlets. During such payment or transaction, the Stored Value in the Belly Good Card shall be reduced by the payment or transaction amount. The Stored Value shall also be reduced by deductions made hereunder.
4.3 In Participating Card Payment Outlets, payment can be made either by using the Belly Good Card or in cash, but not a combination of both, for any single purchase transaction.
4.4 All Belly Good Cards can be topped up at any Card Retail Kiosk. Topping up a Belly Good Card does not automatically extend and / or renew the expiry of the Belly Good Card, which must be renewed separately.
4.5 Notwithstanding the aforesaid, Banquet may reject the use of any Belly Good Card by a User for effecting payment for or transaction of Products if:
4.5.1 The Belly Good Card is reasonably suspected to have been fraudulently issued, stolen or tampered with;
4.5.2 The Stored Value of the Belly Good Card is insufficient or has been exhausted; or
4.5.3 there is any breakdown in the Payment System or part thereof which disables or prevents Banquet from accepting or processing the Belly Good Card as a means of effecting payment or transaction and shall not be liable for any loss suffered, if any, by the User as a result thereof unless such loss is the direct consequence of the negligent or willful default of any of Banquet employees, in which event, the maximum liability of Banquet, if any, shall not exceed the aggregate sum of S$10 (Singapore Dollars Ten Only) in respect of any one event or connected events regardless of the number of occurrences.
4.6 Banquet Holdings Pte Ltd shall not be liable for any defects in the Products or for any other disputes concerning the said products or services.
4.7 Banquet Holdings Pte Ltd shall from time to time introduce promotions, discounts and other offers to the User, all of which will be at its sole discretion.
5. Care and Use of the Belly Good Card; Loss or Theft of the Belly Good Card
5.1 The User shall:
5.1.1 Exercise all due care and diligence in the custody, care and use of the Belly Good Card;
5.1.2 Not tamper or allow anyone to tamper with the Belly Good Card;
5.1.3 Not permit the Belly Good Card to be used in any unauthorized manner;
5.1.4 Not intentionally deface or damage the Belly Good Card;
5.1.5 Not affix, print or attach anything or matter onto the Belly Good Card or otherwise alter, remove or replace any notice, logo or design on the Belly Good Card;
5.1.6 Not use or attempt to use the Belly Good Card through any electronic terminal that is malfunctioning or has broken down.
5.2 Any attempt to affix, print or attach anything or matter onto the Belly Good Card or otherwise alter, remove or replace any notice, logo or design on the Belly Good Card will result in damages that Banquet may seek to recover against the User.
5.3 If the Belly Good Card is willfully damaged, lost or stolen or if the User is in breach of Clause 5.1 hereof, the User shall not be entitled to any refund whatsoever of the Stored Value but Banquet shall be entitled to deduct the Stored Value for transactions effected through the damaged, lost or stolen Belly Good Card.
6. Damaged Belly Good Cards
6.1 If in the sole opinion of Banquet, the User’s Belly Good Card is damaged or becomes defective, the User may seek replacement of the Belly Good Card at any Retail Kiosk. Replacement of a Belly Good Card is subject to the payment of the Administrative Card Fee. The replacement card shall have a Validity Period of 2 years from the date of replacement and the Stored Value in the damaged or defective card shall, if possible, be transferred to the new Belly Good Card issued to the User.
6.2 Subject to paragraph 6.1, Banquet reserves the right to deal with and to take such course of action as it may think appropriate with respect to damaged and defective Belly Good Cards including but not limiting to withholding any refund of the Administrative Card fee and the Stored Value thereof (if determinable).
7. Return and Retention of the Belly Good Card
7.1 The Belly Good Card remains the property of Banquet and shall be promptly returned to Banquet or any Banquet Outlet upon request by Banquet subject always to the User's right to a refund of the Stored Value of the Belly Good Card in accordance with these Terms and Conditions in particular to Clause 8 hereof.
7.2 Banquet shall be entitled without assigning any reason therefore to retain at any Banquet Outlet any Belly Good Card which is reasonably suspected to have been fraudulently issued, stolen or tampered with.
8. Refunds
8.1 Subject to these Terms and Conditions, Banquet Holdings Pte Ltd shall be fully liable to the User for the Stored Value of the Belly Good Card and the User shall, subject to these Terms and Conditions, have recourse to Banquet for the refund of the Stored Value.
8.2 Banquet will make a full refund of any remaining Stored Value in all Belly Good Cards at any Belly Good Card Retail Kiosk where such claim is made during the Validity Period or further Validity Period as the case may be, of the Belly Good Card.
8.3 Where the Belly Good Card has not been renewed for 3 months or more after the expiry of the Validity Period or Further Validity Period, as the case may be, the Belly Good Card shall no longer be valid for further renewal, top up and / or use.
8.4 The User will be entitled to claim the refund of the remaining Stored Value on the Belly Good Card. An Administrative fee of $2.00 (Dollars Two Only) will be imposed, for the refund of the Stored Value, for every month or part thereof beginning from the third month of the expiry of the Belly Good Card to the day of the claim for the refund.
8.5 The refund of the Stored Value shall be made in accordance with such procedural or operational requirements as Banquet may from time to time prescribe and failure by the User to observe or comply with such procedural or operational requirements may result in delay in processing any refund.
8.6 The User may affect the refund of the Stored Value at any Card Retail Kiosk, during normal operation hours, in which event the Belly Good Card in question will be retained by Banquet after the refund has been completed.
9. Determination of Value
9.1 For the purpose of determining the Stored Value of the Belly Good Card, in the event of a refund the value as determined by any Card Retail Kiosk from either the value recorded in the Belly Good Card or Banquet’s central records shall, save for manifest error, be deemed conclusive and binding against the User. Between the value recorded in the Belly Good Card and Banquet’s central records, the latter shall take precedence.
10. Disclaimers and Exemptions
10.1 Notwithstanding anything to the contrary contained herein, Banquet, its respective officers, employees, contractors and / or agents shall not be liable in any way to the User for any losses (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs (including cost on a solicitor and client basis) that the User may incur or suffer in connection with or arising from:
10.1.1 The issue or use of the Belly Good Card;
10.1.2 Any delay, suspension, discontinuance or failure in the issuance of the Belly Good Card;
10.1.3 Any delay or suspension in the refund of the Belly Good Card;
10.1.4 any period when the processing of the use of the Belly Good Card for payment is unavailable due to any disruption, defect, damage, breakdown in or failure (collectively "malfunction") of the Belly Good Card, the Payment System (including any data processing system, the network system or its associated
equipment) whether or not due to anything beyond the control of any party or of their respective officers, employees, contractors or agents;
10.1.5 any delay or any inability to use the Belly Good Card for any reason whatsoever, including the unavailability due to the malfunction of Payment System or damage to or defect in the Belly Good Card;
10.1.6 The Belly Good Card being rejected by any Belly Good Card Retail Kiosk for whatever reason;
10.1.7 Any inability to retrieve any data or information on the Belly Good Card; and / or
10.1.8 any delay or inability to perform any of its obligations due directly or indirectly to the malfunction of any machine or communication system, industrial dispute, war, Act of God, or anything outside the control of any party or of their respective officers, employees, contractors or agents;
This is provided that the same is not caused by the gross negligence or willful default of Banquet or any of its respective officers.
10.2 Notwithstanding anything to the contrary contained herein, the maximum liability of Banquet to the User under these Terms and Conditions and at law, if any, shall not exceed in aggregate the sum of S$10 (Singapore Dollars Ten only) per Belly Good Card or the Stored Value in the User's Belly Good Card as at the date the User’s claim arises, whichever is the lesser.
11. Indemnity
11.1 The User shall indemnify and hold harmless Banquet in respect of any and all damages, losses, costs (including costs on a full indemnity basis) and expenses suffered or incurred by Banquet or any third party by reason of any breach or non-compliance by the User of these Terms and Conditions or by Banquet enforcing any of these Terms and Conditions or preventing any breach thereof.
12. Variations
12.1 In purchasing or using the Belly Good Card, the User is deemed to have consented to Banquet’s Terms and Conditions and any variations thereto that Banquet may from time to time implement.
12.2 Banquet reserves the right to add to, delete from, vary or otherwise amend all or any of these Terms and Conditions at any time by publication thereof at appropriate locations at any Banquet Outlets and / or Card Retail Kiosks or such other premises as may be
determined by Banquet. The User’s continued use of the Belly Good Card after the date of such notification shall be deemed to be the User's acceptance of such revised Terms and Conditions.
13. Governing Law
13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore. Each of the parties mentioned herein hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of Singapore for all purposes in relation to these Terms and Conditions.
13.2 These Terms and Conditions may be translated into other languages but in the event of any inconsistency or uncertainty arising therefrom, this English version shall prevail over any other version.
14. Contracts (Rights of Third Parties) Act (CAP.53B)
14.1 A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act (Cap.53B) to enforce any term of these Terms and Conditions.
15. Trademark
15.1 The Banquet logo is a registered Trademark of Banquet. |
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