SmilePepper Merchant Terms of Service – Home-Based Food Sellers

Effective Date: 30 Apr 2025

Welcome to SmilePepper. This Terms of Service ("Agreement") governs your participation as a home-based food business ("Seller") on the SmilePepper platform. By registering or selling through SmilePepper, you agree to the following terms and conditions:

1. Compliance with Food Safety Regulations

1.1 All sellers must comply with Singapore's prevailing food laws and regulations as stipulated by the Singapore Food Agency (SFA).

1.2 You must ensure that all food sold is safe for consumption. SFA may take enforcement action, including mandatory recalls and cessation of operations, for breaches related to food safety.

2. Prohibited Sales and Operations

2.1 No Catering Services

Sellers are prohibited from offering food catering services (e.g., buffet lines, packed meals) due to the higher risk associated with large-scale operations. Only SFA-licensed caterers may provide such services.

2.2 No Supply to Food Retailers

Home-based food sellers are not permitted to sell food to licensed food establishments such as restaurants, hawker stalls, cafes, or canteens.

2.3 No Sales at or to Temporary Fairs

Sellers are not allowed to prepare food at home for sale at temporary fairs or to supply food to stallholders at such events.

2.4 No Sale of Ready-to-Eat (RTE) Raw Seafood

Sellers are strictly prohibited from selling RTE raw seafood (e.g., sashimi, oysters, marinated raw seafood), as these pose significant health risks and require specialized cold chain processes.

3. Ingredient Sourcing

3.1 All ingredients used must be legally imported or obtained from licensed manufacturers or suppliers.

3.2 You may not:

• Use ingredients sourced from other home-based businesses.
• Use food items brought from personal travels for resale purposes.
• Import food without the required SFA licence (if applicable).

4. Food Safety and Hygiene

4.1 Sellers must take responsibility for ensuring all food prepared and sold through SmilePepper is safe for consumption.

4.2 Sellers are strongly encouraged to:

• Complete WSQ FSC Level 1 food safety training.
• Follow official food safety and hygiene guidelines provided by SFA and HDB/URA for home-based businesses.

For more regulatory guidance, refer to the Singapore Food Agency's official website .

5. Commission Policy

5.1 Free Trial Period

• SmilePepper offers a 1-month free trial for all new sellers, starting from the date the merchant's store goes live to the public on the platform.
• During the free trial period, sellers will not be charged any commission fees for transactions completed on SmilePepper.

5.2 Commission Rate

• After the free trial period, SmilePepper will charge an 8% commission per transaction, based on the order subtotal amount (excluding delivery fees, taxes, and tips)

5.3 Commission Scope & What It Covers

• Commission applies only to completed and paid transactions.
• Orders that are cancelled or refunded in full will not incur commission fees.
• The 8% commission is charged on the subtotal amount only, excluding any delivery fees, taxes, or tips.

5.4 Payout Terms

• Payouts to sellers will be made within 1 to 7 working days from the date of a completed order.
• There is no minimum payout amount. All transaction amounts will be processed regardless of value.

5.5 Payment Processing Fees

• Will SmilePepper absorb payment gateway fees (Stripe)
• Payment processing fees (2.5% + $0.50 per transaction) will be deducted from the total payout before commission is calculated.

5.6 Commission on Delivery Charges

• Clearly state if delivery fees are excluded or included in commission calculation.
• You've already mentioned exclusion — reiterate this to avoid confusion.

5.7 Policy for Non-Compliance or Fraud

• Any merchant found abusing the system to avoid paying commission—such as instructing customers to cancel orders and pay directly outside the platform—will be considered in breach of SmilePepper's terms.
• Sellers caught bypassing the platform to avoid commission will face the following actions:
  • Immediate termination of their merchant account.
  • Forfeiture of all unpaid earnings.
  • Potential ban from rejoining the platform in the future.
• SmilePepper reserves the right to investigate and take legal or administrative action in cases of fraud or repeated non-compliance.

6. Platform Use & Restrictions

6.1 Prohibited Use of Platform

• Sellers must not use the platform for:
  • Selling illegal, restricted, or unlicensed items (e.g. tobacco, alcohol, health supplements, non-food items).
  • Distributing misleading or false food labeling or claims.
  • Uploading or linking to offensive, defamatory, or unlawful content.
  • Harassment or abuse of customers or SmilePepper staff.

6.2 No Off-Platform Transactions

• Sellers may not redirect customers to pay via PayNow, WhatsApp, or any method that bypasses the SmilePepper platform.
• All communication and transactions must be completed within the platform.

6.3 Content Ownership & Usage

• SmilePepper retains the right to use product listings, descriptions, photos, and store branding for marketing and platform promotion purposes.
• Sellers must ensure they own or have the rights to use all content they upload (e.g., food photos, branding).

6.4 Accurate Business Information

• All merchant profiles must maintain up-to-date and truthful information, including:
  • Business name
  • Contact details
  • Operating hours
  • Menu and pricing
• Failure to update these may result in temporary suspension.

6.5 Order Fulfillment Requirements

• Sellers are responsible for:
  • Fulfilling orders within the stated preparation time.
  • Ensuring food is safe, correctly packed, and properly labeled.

6.6 Review Manipulation is Prohibited

• Sellers may not:
  • Post fake reviews about themselves or competitors.
  • Offer discounts or incentives in exchange for positive reviews.

6.7 System Abuse or Hacking

• Any attempts to:
  • Exploit bugs
  • Gain unauthorized access
  • Manipulate the commission or payout system —will lead to immediate termination and possible legal action.

6.8 Respect for Customers' Data & Privacy

• Sellers must comply with PDPA (Personal Data Protection Act) regulations.
• Customer data accessed via SmilePepper must not be stored, reused, or sold outside the platform.

6.9 Platform Changes and Maintenance

• SmilePepper may update features, conduct maintenance, or make UI/UX changes without prior notice.
• Sellers must ensure compatibility and avoid abuse during such updates.

7. Enforcement and Termination

7.1 SmilePepper reserves the right to suspend or terminate any account that violates this Agreement or fails to comply with applicable regulations.

8. Changes to Terms

8.1 SmilePepper may update this Agreement at any time. Sellers will be notified of significant changes via email or in-platform notifications. Continued use of the platform constitutes acceptance of the revised terms.

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SmilePepper Terms of Service for Buyers

Effective Date: 30 Apr 25

Welcome to SmilePepper, a platform that connects buyers with independent home-based food sellers. By using our services, you agree to the following Terms of Service. Please read them carefully.

Acceptance of Terms

By accessing or using the SmilePepper platform, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use the platform.

2. Use of Platform

2.1 You agree to use SmilePepper solely for lawful purposes and in accordance with these terms.

2.2 You must not use the platform to commit fraud, impersonate others, or engage in unlawful activities.

3. Transactions and Payments

3.1 All transactions must be completed within the SmilePepper platform.

3.2 Direct transactions or communication with sellers to bypass the platform are strictly prohibited.

3.3 If found engaging in off-platform transactions, your account may be suspended or permanently banned.

3.4 Payments are processed securely through our designated payment gateway (Paynow).

4. Order Fulfillment

4.1 Sellers are responsible for preparing and delivering food items as described in their listings.

4.2 SmilePepper is not liable for delays, miscommunications, or dissatisfaction related to food quality or delivery, though we will assist in dispute resolution.

5. Cancellations and Refunds

5.1 Cancellations and refund requests should be communicated directly between the buyer and the sellers. Sellers may choose to state their refund or cancellation policy on their store page, but this is not mandatory.

5.2 SmilePepper is not responsible for enforcing individual merchant policies but reserves the right to mediate disputes and issue refunds where necessary, at our sole discretion.

6. Food Safety and Allergies

6.1 All sellers are required to comply with local food safety and hygiene regulations.

6.2 Buyers are responsible for checking product details, ingredients, and allergy warnings.

6.3 SmilePepper is not liable for any allergic reactions or health issues resulting from consumption.

7. User Conduct

7.1 Do not harass, threaten, or abuse sellers or other users.

7.2 Do not leave fraudulent or malicious reviews.

7.3 Respect local delivery times, return policies, and merchant boundaries.

8. Account Termination

SmilePepper reserves the right to suspend or terminate accounts that:

8.1 Violate these Terms of Service;

8.2 Engage in suspicious, abusive, or fraudulent activity;

8.3 Attempt to bypass the platform for payments or services.

9. Limitation of Liability

SmilePepper is a facilitator and does not directly prepare or deliver food. We are not liable for:

9.1. Foodborne illness, contamination, hygiene concerns, or safety issues;

9.2. Any health-related problems experienced after consuming food purchased through the platform;

9.3 Missed, incorrect, or late deliveries;

9.4. Any damages arising from your use of the platform;

9.5. The cleanliness, hygiene, or condition of the seller's home, including any circumstances that may violate Singapore Food Agency (SFA) regulations, such as pets roaming in the premises.
We do not assume any health-related responsibility for food provided by sellers to buyers.
For any issues regarding food quality, safety, or delivery, please engage directly with the respective seller.

10. Privacy

We value your privacy. Please review our Privacy Policy for information on how your data is collected, used, and protected.

11. Changes to Terms

We reserve the right to update or modify these Terms of Service at any time. Continued use of the platform constitutes acceptance of the new terms.