K2 Gourmet Card Terms & Conditions

Customer Advisory

Food Dynasty Pte Ltd, the holder of the K2 Gourmet Card stored value facility and K2 Gourmet 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:
	"K2 Gourmet Card"	Prepaid stored value facility issued by JeriPay Pte Ltd which are sold under Food Dynasty’s brand name for payment of Food Dynasty Products in Singapore only. K2 Gourmet Card is governed by the K2 Gourmet Card Terms and Conditions.
	"K2 Gourmet Card Kiosk"	Self-service Automated Points to effect the issuance, checking of value and expiry date, or top-up of K2 Gourmet Card by the User.
	"Service Charge"	A non-refundable Service Charge is paid by the User for the issuance of a K2 Gourmet Card in such amount as may from time to time be determined by Food Dynasty Pte Ltd.
	"Full Card Payment Outlets""	Food Dynasty outlets where payment or transaction for products can be made only with the K2 Gourmet Card.
	"Non-Full Card Payment Outlets"	Food Dynasty Outlets where payment or transaction for Products can be made either with cash or with the K2 Gourmet Card.
	"Outlets"	Place of business owned and/or leased and operated by Food Dynasty Pte Ltd, its respective employees, officers, tenants, agents and/or any party from time to time appointed by Food Dynasty Pte Ltd to operate business at any of Food Dynasty Pte Ltd's registered place of business and equipped with the K2 Gourmet Card Payment System.
	"Payment System"	The computerised system operated by Food Dynasty Pte Ltd whereby, inter alia, payment for or transaction of Food Dynasty Pte Ltd Products may be effected by the User using the K2 Gourmet Card.
	"Products"	Food, drinks, foodstuff, edible products or any other products from time to time made available at all Food Dynasty Outlets.
	"Stored Value"	The monetary value paid for and stored in a K2 Gourmet Card or the residual value remaining therein from time to time, which may be used by the User for the payment for or transaction of Food Dynasty Products.
	"User"	Any person using a K2 Gourmet Card to effect transactions for Products at any Food Dynasty Outlet (excluding persons who are appointed or authorised to sell the K2 Gourmet Card, effect top-ups, or replace the K2 Gourmet Card).
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 K2 Gourmet Card is issued by Food Dynasty Pte Ltd and its Terms and Conditions shall bind every User. Food Dynasty Pte Ltd shall only be liable to the User in respect of the Stored Value without any interest accruing.

3.	Issuance and Validity of the K2 Gourmet Card
3.1	The K2 Gourmet Card is issued subject to the payment of the Service Charge and such other fees or charges, if any, as may be imposed from time to time by Food Dynasty Pte Ltd and to these Terms and Conditions. The purchase of the K2 Gourmet 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 K2 Gourmet Card is valid for a period of 2 years (730 calendar days) from the date of purchase (the "Validity Period"). The validity period will be extended a further 2 years (730 calendar days) from the last transaction activity of the card.
3.3	Food Dynasty Pte Ltd may at their sole discretion from time to time vary the Validity Period for the K2 Gourmet Card.

4.	K2 Gourmet Card Transactions and Stored Value
4.1	K2 Gourmet Card is available for sale and top up value in denominations of $10, $20, $50 or $100; and up to $150 per K2 Gourmet Card.
4.2	The K2 Gourmet Card shall be used as a means of payment or transaction of products at all Food Dynasty Outlets. During such payment or transaction, the Stored Value in the K2 Gourmet Card shall be reduced by the payment or transaction amount. The Stored Value shall also be reduced by deductions made hereunder.
4.3	In Non-Full Card Payment Outlets, payment can be made either by using the K2 Gourmet Card or in cash, but not a combination of both, for any single purchase transaction.
4.4	In Full Card Payment Outlets, payment can be made only by using the K2 Gourmet Card for any purchase transaction.
4.5	The K2 Gourmet Card can be topped up at K2 Gourmet Card Kiosk. Topping up a K2 Gourmet Card automatically extend and/or renew the expiry of the K2 Gourmet Card by 2 years (730 calendar days).
4.6	Notwithstanding the aforesaid, Food Dynasty Pte Ltd may reject the use of the K2 Gourmet Card for effecting payment for or transaction of Food Dynasty Products if:
	4.6.1	the K2 Gourmet Card is reasonably suspected to have been fraudulently issued, stolen or tampered with;
	4.6.2	the Stored Value of the K2 Gourmet Card is insufficient or has been exhausted; or
	4.6.3	there is any breakdown in the K2 Gourmet Card Payment System or part thereof which disables Food Dynasty Pte Ltd from accepting or processing the K2 Gourmet Card as a means of effecting payment or transaction
	and Food Dynasty Pte Ltd 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 wilful default of any of Food Dynasty Pte Ltd employees, in which event, the maximum liability of Food Dynasty Pte Ltd, shall not exceed the aggregate sum of Singapore Dollars Ten Only (S$10) in respect of any one event or connected events regardless of the number of occurrences.
4.7	Food Dynasty Pte Ltd shall not be liable for any defects in the products or services purchased on its premises or for any other disputes concerning the said Products or services.
4.8	Food Dynasty Pte Ltd shall from time to time introduce promotions, discounts and membership offers to the User, all of which will be at its sole discretion.

5.	Care and Use of the K2 Gourmet Card; Loss or Theft of the K2 Gourmet Card
5.1	The User shall:
	5.1.1	exercise all due care and diligence in the custody, care and use of the K2 Gourmet Card;
	5.1.2	not tamper or allow anyone to tamper with the K2 Gourmet Card;
	5.1.3	not permit the K2 Gourmet Card to be used in any unauthorised manner;
	5.1.4	not intentionally deface or damage the K2 Gourmet Card;
	5.1.5	not affix, print or attach anything or matter onto the K2 Gourmet Card or otherwise alter, remove or replace any notice, logo or design on the K2 Gourmet Card;
	5.1.6	not use or attempt to use the K2 Gourmet 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 K2 Gourmet Card or otherwise alter, remove or replace any notice, logo or design on the K2 Gourmet Card will result in damages that Food Dynasty Pte Ltd may seek against the User.
5.3	If the K2 Gourmet Card is wilfully damaged, lost or stolen or if the User is in breach of Clause 5.1 hereof, Food Dynasty Pte Ltd shall be entitled to deduct the Stored Value for transactions effected through the damaged, lost or stolen K2 Gourmet Card.

6.	Damaged K2 Gourmet Cards
6.1	If, in the opinion of Food Dynasty Pte Ltd, that the User's K2 Gourmet Card is damaged or becomes defective on account of normal wear and tear or otherwise through no fault of the User, the User shall be entitled to transfer the remaining Stored Value to a new K2 Gourmet Card.
6.2	Subject to paragraph 6.1, Food Dynasty Pte Ltd reserves the right to deal with and to take such course of action as it may think appropriate with respect to the damaged K2 Gourmet Card including but not limited to, replacement of damaged K2 Gourmet Card; withholding the Stored Value thereof (if determinable) or otherwise..

7.	Return and Retention of the K2 Gourmet Card
7.1	The K2 Gourmet Card remains the property of Food Dynasty Pte Ltd and shall be promptly returned to Food Dynasty Pte Ltd or any Food Dynasty Outlet upon request by Food Dynasty Pte Ltd subject always to the User's right to transfer the remaining Stored Value to a new K2 Gourmet Card, in accordance to these Terms and Conditions in particular to Clause 8 hereof.
7.2	Food Dynasty Pte Ltd shall be entitled without assigning any reason therefore to retain at any Food Dynasty Outlet any K2 Gourmet Card which is reasonably suspected to have been fraudulently issued, stolen or tampered with.

8.	Refunds
8.1	In compliance to the Payment Services Act 2019, the User is not entitled to receive any refund of the remaining Stored Value from Food Dynasty Pte Ltd. Users are encouraged to use up the remaining Stored Value in the K2 Gourmet Card.

9.	Determination of Value
9.1	For the purpose of determining the Stored Value of the K2 Gourmet Card, the value as determined by any K2 Gourmet Card Kiosk and/or the Outlet Manager from either the value recorded in the K2 Gourmet Card or Food Dynasty Pte Ltd's central records shall, save for manifest error, be deemed conclusive and binding against the User.

10.	Disclaimers and Exemptions
10.1	Notwithstanding anything to the contrary contained herein, Food Dynasty Pte Ltd, 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 K2 Gourmet Card;
	10.1.2	any delay, suspension, discontinuance or failure in the issuance of the K2 Gourmet Card;
	10.1.3	any period when the processing of the use of the K2 Gourmet Card for payment is unavailable due to any disruption, defect, damage, breakdown in or failure (collectively "malfunction") of the K2 Gourmet 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;
	10.1.4	any delay or any inability to use the K2 Gourmet Card for any reason whatsoever, including the unavailability due to the malfunction of K2 Gourmet Card Payment System or damage to or defect in the K2 Gourmet Card;
	10.1.5	the K2 Gourmet Card being rejected by any K2 Gourmet Card Kiosk for whatever reason;
	10.1.6	any inability to retrieve any data or information on the K2 Gourmet Card; and/or
	10.1.7	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;
	provided that the same is not caused by the gross negligence or wilful default of Food Dynasty Pte Ltd or any of its respective officers.
10.2	Notwithstanding anything to the contrary contained herein, the maximum liability of Food Dynasty Pte Ltd to the User under these Terms and Conditions and at law shall not exceed in aggregate the sum of Singapore Dollars Ten only (S$10) per K2 Gourmet Card or the Stored Value of the User's K2 Gourmet 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 Food Dynasty Pte Ltd in respect of any and all damages, losses, costs (including costs on a full indemnity basis) and expenses suffered or incurred by Food Dynasty Pte Ltd or any third party by reason of any breach or non-compliance by the User of these Terms and Conditions or by Food Dynasty Pte Ltd enforcing any of these Terms and Conditions or preventing any breach thereof.

12.	Variation
12.1	In purchasing the K2 Gourmet Card, the User is deemed to have consented to Food Dynasty Pte Ltd's Terms and Conditions and any variations that Food Dynasty Pte Ltd may from time to time implement.
12.2	Food Dynasty Pte Ltd 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 all Food Dynasty Outlets, Card Retail Counters, and/or K2 Gourmet Card Kiosk, or www.fooddynasty.sg/terms or such other premises as may be determined by Food Dynasty Pte Ltd. The User's continued use of the K2 Gourmet 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 there from, 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.	Trademarks
15.1	The Food Dynasty logo is a registered Trademark of Food Dynasty Pte Ltd.