Terms & Conditions

Terms and Conditions for Customer

Last Updated 14 April 2021

Welcome to the Koperasi Kelab GTR Malaysia Berhad (GTR) GTRBurger.my  Food Platform

1. Introduction

1.1 These terms and conditions (“Customer T&C”) is a binding agreement between you and Koperasi Kelab GTR Malaysia Berhad (GTR) GTRBurger.my  GTRBurger.my (hereinafter referred to as “Company”, “we”, “us” or “our”, as the case may be). The Company owns and operates the Platform through which Customers (including you) can place orders (“Delivery Orders”) via the Platform for the purchase of the Item to be fulfilled by the Merchants and Riders.

1.2 The Delivery Order is available at selected localities of serviceable cities and at selected Merchants. You may not be able to avail our Services if your delivery location is outside our current scope of service area.

1.3 This Customer T&C governs and regulates your (a) access to and use of the services, products, online facilities, or any Content made available by us on the Platform (“Services”); and (b) orders, purchases or acquisitions of any Items made available by Merchants through the Platform.

1.4 Please read and understand this Customer T&C carefully before continuing to use the Platform as it contains important information regarding your legal rights and remedies. This Customer T&C should be read in conjunction with our Terms of Use, Privacy Statement and other rules, policies, guidelines, codes of conduct, procedures, regulations and/or any other documents as published on the Platforms from time to time or as provided by the Company to you as a Customer.

1.5 All defined terms within this Customer T&C shall have the meanings prescribed in Clause 19 (Definition) below.

1.6 These terms and conditions may be translated into other languages. In the event of inconsistencies between these terms and conditions and the translated versions, the English version shall prevail.

2. Consent

2.1 By clicking a box indicating acceptance or clicking “sign in/login” or “create account” and installing, downloading, entering, connecting to, accessing and/or merely using the Platform you:

(a) acknowledge that you have read and understood this Customer T&C;

(b) represent that you are of legal age to enter into a binding agreement; and

(c) accept this Customer T&C and agree that you are legally bound by its terms.

2.2 We reserve the right, in our sole and absolute discretion, to modify, vary, amend, change and/or update this Customer T&C at any time as we deem fit and with reasonable notice to you (for example, by posting an update on the Platform, or by emailing the updated terms and conditions to you), and which shall be effective upon the posting of an updated version on the Platform. You agree that it shall be your responsibility to review this Customer T&C regularly to ensure your understanding of this Customer T&C is current and you understand the terms and conditions that apply to your use of the Platform.

2.3 Your non-termination, continued access to or use of the Platform after the effective date of any modifications, variations, amendments, changes and/or updates constitutes your acceptance of, and agreement to be bound by, the revised Customer T&C.

2.4 If you do not agree to this Customer T&C or with any subsequent modifications, variations, amendments, changes and/or updates, you must not connect to, access or use the Platform, and we request you to uninstall the App. If you have any questions regarding this Customer T&C, please consult a professional legal advisor.

3. Koperasi Kelab GTR Malaysia Berhad (GTR) GTRBurger.my Member Account

In order to access some of the features and services on the Platform, you would have to create and sign up for an account with us (“Koperasi Kelab GTR Malaysia Berhad (GTR) GTRBurger.my  Member Account”). You may also have the option to sign in through your existing Koperasi Kelab GTR Malaysia Berhad (GTR) GTRBurger.my  Member Account. The terms and conditions in relation to your Koperasi Kelab GTR Malaysia Berhad (GTR) GTRBurger.my  Member Account shall be in accordance to the Koperasi Kelab GTR Malaysia Berhad (GTR) GTRBurger.my  Membership terms and conditions.

4. Placement of Delivery Orders and Payment

4.1 The Company provides online ordering services by entering into contractual arrangements with Merchants for the purposes of listing their menu Items on the Platform for online ordering by Customers for Delivery Orders.

4.2 You understand that the Merchants offer their Items in specific localities and delivery areas, and the availability of our Merchants varies across different localities and delivery areas. By entering your delivery address or providing your location on the Platform, you will see the Merchants that we make available to you at that time, depending on your locality and delivery area. Delivery areas may expand, shrink or change, and available Merchants may be subject to change, depending on weather and traffic conditions and situations of force majeure, or as we may determine from time to time.

4.3 The Company does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the Items proposed to be sold or offered to be sold or purchased on the Platform.

4.4 Merchants may state ingredients or represent allergen or food preparation standards through the Services, such as food or beverages being nut-free, gluten-free, lactose-free, organic, or kosher. We do not investigate or verify the menus, ingredients, food preparation standards, or any descriptions, statements, or representations made by the Merchants. By using the Services and placing a Delivery Order on the Platform, you agree and understand that the Company is not responsible for any statements or omissions concerning the Items contained in your Delivery Order.

4.5 The details of the menu and price list available on the Platform are based on the information provided by the Merchants and the Company shall not be responsible for any change or cancellation or unavailability.

Placing Delivery Orders

4.6 Prior to placing a Delivery Order, you are required to provide us with your delivery address in order for the Platform to display available Merchants in your delivery area. Upon your selection of a Merchant on the Platform, you will be taken to that Merchant’s menu page where you will be able to select and add Items sold by Merchant to your “cart” for delivery and fulfilment by the Riders.

4.7 Some of our Merchants require a minimum order value (“MOV”) before a Delivery Order can be placed and delivered to you. Where an applicable Delivery Order fails to meet the MOV, you will be required to add more Items to your “shopping cart”.

4.8 To complete a Delivery Order, please follow the onscreen instructions after clicking ‘Checkout’. You are required to review and confirm that all the information you provide, including the selection of Items, amounts, delivery details, personal details, delivery time, and Voucher (if applicable) is true, accurate and complete before you click ‘Order Now’.

Completing an Order/ Payment

4.9 After clicking ‘Order Now’, you will have the option to select your preferred payment method for the Delivery Order before you click ‘Confirm Payment’. Your request to Items from a Merchant on the Platform shall constitute an unconditional and irrevocable authorisation issued in favour of the Company to place online orders for the Items with the Merchants on your behalf.

4.10 A Delivery Order is successfully placed when you receive a notification containing your Delivery Order receipt from us. Please note that your Delivery Order may be subject to additional terms and conditions of individual Merchants.

4.11 The Company and Merchants (as the case may be) reasonably endeavour to comply with your special instructions in respect of a Delivery Order. Nevertheless, in some cases where the special instructions are not feasible, possible or commercially reasonable, the Company and/or Merchants reserve the right to proceed to prepare the Delivery Order in accordance with standard operating procedures of the Company and/or Merchants. Neither the Company nor Merchants shall be responsible to replace or refund a Delivery Order which does not conform to special instructions provided by you.

5. Cancellation of Delivery Orders and Refunds

5.1 As a general rule, all Delivery Orders placed on the Platform are treated as confirmed, and all applicable fees and payment are due immediately and are non-refundable. You acknowledge that your cancellation, or attempted cancellation of a Delivery Order shall amount to breach of your unconditional and irrevocable authorisation in favour of the Company to place that Delivery Order with the Merchant(s) on your behalf (“Authorisation Breach“).

5.2 In the event you commit an Authorisation Breach, the Company shall have a right to charge you 100% of the Delivery Order amount as the cancellation fee (inclusive of applicable Taxes whenever not expressly mentioned), with a right to either not to refund the Delivery Order value. Any waiver of cancellation fees (and any refunds) with respect to an Authorisation Breach may be granted at the Company’s sole and absolute discretion.

6. Restrictions on Items

6.1 Some of the Items that our Merchants offer on the Platform are subject to restrictions for purchase (“Restricted Items”), depending on the applicable laws of the country you purchase the Restricted Items from.

6.2 These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements for the time being in force. Any offer for any alcohol made on the Platform is void when it is prohibited by law.

6.3 You understand that Riders reserve the right in their sole discretion:

(a) to ask you for valid proof of age (e.g. ID card) before they deliver the Restricted Items to you;

(b) to refuse delivery if you are unable to prove you are of legal age; and/or

(c) to refuse delivery to any persons for any reason whatsoever.

7. Prices and Payments

7.1 Prices for Items quoted on the Platform will be displayed in the applicable country’s national currency and subject to applicable Taxes. Prices quoted on the Platform may vary from the prices offered by our Merchants, either on their own websites, mobile applications, or at their physical outlets. Further, prices indicated on the Platform are as at the time of each Delivery Order and may be subject to change from time to time by Merchants.

7.2 The way we display the prices of Merchants’ Items may vary depending on the Merchants, and the prices reflected on our Platform may include Taxes.

7.3 A breakdown of the prices and additional charges are displayed before Checkout. When you place a Delivery Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you. Additional charges may include delivery fee for delivery of your Delivery Order by Riders, as the Platform may determine (“Delivery Charges“), lunch box fees, and any applicable Taxes.

7.4 You agree to pay us for the total amount for the Delivery Order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of this Customer T&C and the pricing terms set forth in the applicable menu listing for the Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

7.5 Delivery Charges are chargeable on every Delivery Order unless you have a valid Voucher and apply it at Checkout.

7.6 If you have an existing valid Voucher, you can use them to pay for part or full payment of your Delivery Order. After a Delivery Order is successfully placed, you will receive a notification from us with your Delivery Order receipt.

8. Payment Methods

8.1 In connection with your Delivery Order, you will be asked to provide customary billing information such as name, billing address and payment information either to us or our third party payment processor. Payment methods currently available on the Platform are:

(a) credit/ debit card payment;

(b) payment via third party e-wallet platform;

(c) FPX payment

(d) such other payment methods we offer from time to time.

8.2 The Company reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion.

8.3 Regardless of your preferred payment method, you acknowledge and agree that we act as Merchants’ payment agent for the limited purpose of accepting payments from you on behalf of Merchants. Upon your payment of the transaction amounts to us, which are due to Merchants, your payment obligation to Merchants for such amounts is completed, and we are responsible for transferring such amounts to Merchants. You shall not, under any circumstances whatsoever, make any payment directly to Merchants for any Delivery Order made using the Platform.

8.4 You acknowledge and agree that the Company takes no responsibility and assumes no liability for any loss or damages to you arising from incorrect or erroneous delivery information and/or payment information entered by you or wrong transfer by you in connection with the payment for the Items, or for any failure, disruption or error in connection with your chosen payment method on the Platform.

8.5 Credit/ Debit Card Payment:

(a) If you choose to pay using a credit/ debit card, you hereby authorise the collection of such amounts by charging the credit/ debit card provided as part of requesting the Delivery Order, either directly by us or indirectly, via a third party online payment processor.

(b) If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices.

(c) Once your confirmed order transaction is complete you will receive a confirmation summarising your confirmed order. With your consent, your credit/debit card and/or payment information will be stored with us and/or our third party payment service provider(s) for future orders.

(d) You will be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use a credit/ debit card which is not lawfully owned by you. The information provided by you will not be utilised or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorised use of your credit/ debit card.

8.6 E-Wallet Payments and Payment via Third Party E-Wallet Platforms:

(a) If you choose to pay using an e-wallet or a third party e-wallet platform, you hereby authorise the collection of such amounts by charging your e-wallet account provided as part of requesting the Delivery Order, either directly by us or indirectly, via the e-wallet or third party e-wallet platform provider.

(b) When making payment using an e-wallet or a third party e-wallet platform on the App, you will be required to log in and provide us with access to your individual e-wallet account(s) in order for us to process your payment. You acknowledge that by using an e-wallet or third party e-wallet platform to make payment, you may be subject to separate terms and conditions governing its use imposed by the respective e-wallet or third party e-wallet platform providers. Please review such terms and conditions and privacy policy before using the Platform services.

(c) Once your confirmed order transaction is complete you will receive a confirmation summarising your confirmed order. With your consent, your e-wallet account information and/or payment information will be stored with us and/or our third party payment service provider(s) for future orders.

8.7 FPX

(a) This program (“FPX”) is organised by Toyyibpay https:///toyyibpay.com.

(b) All the transacations will be bear RM1 cost for every payment by you or customers which is will fee for Toyyibpay services.

9. Delivery and Fulfilment of Delivery Orders

9.1 Delivery of a Delivery Order placed by you through the Platform will be facilitated by the Company through Riders who will provide delivery services to you. You acknowledge that the Company is merely acting as an intermediary between you and Riders.

9.2 The acceptance by a Rider of undertaking delivery of your Delivery Order shall constitute a contract of service between you and the Rider, to which the Company is not a party under any applicable law. It is clarified that the Company does not provide any delivery or logistics services and only enables the delivery of Items ordered by Customers through the Platform by connecting Customers with the Riders.

9.3 Riders will deliver your Delivery Order to the delivery address provided by you. You order will only be delivered to the address designated by you at the time of placing the Delivery Order on the Platform. We reserve the right to cancel the Delivery Order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.

9.4 You may choose for your Delivery Order to be delivered “immediately” or scheduled for a specific time. You will be notified of an estimated delivery time but delivery times may vary depending on various factors that are not within our control, for example, order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc. You can view the remaining delivery time of a Delivery Order when you click on ‘Orders’ on the Platform.

9.5 To ensure that you do not miss a delivery of a Delivery Order, you should ensure that either you or someone is at the delivery location to receive the Delivery Order once a Delivery Order is placed.

9.6 You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorisations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.

9.7 Where the Company is facilitating delivery of a Delivery Order placed by you, the Company shall not be liable for any acts or omissions on part of Riders including deficiency in service, wrong delivery of Delivery Order, time taken to deliver the Delivery Order, Delivery Order package tampering, etc.

9.8 You understand that our liability ends once your Delivery Order has been delivered to you.

9.9 You agree that the Company is authorised to collect, on behalf of Riders, the Delivery Charges for the delivery service provided by Riders. The Delivery Charges may vary from order to order. The Company will use reasonable efforts to inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.

10. Unsuccessful or Failed Deliveries

10.1 In cases where Riders attempt to deliver a Delivery Order but are unable to do so due to the reasons caused by you, including but not limited to:

(a) incorrect particulars, e.g., contact number, delivery address etc.,

(b) no one was present or available to receive the Delivery Order; or

(c) you were uncontactable despite multiple attempts by the Riders to reach you via the phone number linked to your Koperasi Kelab GTR Malaysia Berhad (GTR) GTRBurger.my  Member Account; or

(d) lack of appropriate or sufficient access to deliver the Delivery Order successfully;

(e) lack of a suitable or secure location to leave the Delivery Order; or

(f) in the case of Restricted Items, you do not meet the statutory age requirements or Riders do not deem it safe or appropriate for you to receive the Restricted Items,

the Company reserves the right to cancel the Delivery Order without refund or remedy to you.

11. Complaints and Refunds

11.1 Upon receipt of your Delivery Order, if you discover that there are issues with your Delivery Order, please contact our customer support immediately.

11.2 In the event you raise any complaint on any Merchant, we shall assist you to the best of our abilities by providing relevant information to you, such as details of Merchant and the specific Delivery Order to which the complaint relates, to enable satisfactory resolution of the complaint.

11.3 In some cases, we may request for photographic proof and/or additional information to properly investigate the issue with your Delivery Order before any resolution can be provided. If we determine that the Delivery Order and/or Items you received are not of satisfactory condition or quality, we will compensate you for your Delivery Order or parts of your Delivery Order Order, either in the form of cash, e-wallet payment, Voucher or BIG Points, as shall be determined by us in our sole discretion.

11.4 You may be entitled to a refund up to 100% of the Delivery Order value if Merchant fails to deliver the Delivery Order to you due to causes attributable to the Company, however such refunds will be assessed on a case to case basis by the Company.

11.5 The orders placed by Customers using the Platform are non-cancellable and non-refundable except if refund is requested under the following conditions:

(a) if the Merchant cancels the order due to reasons not attributable to Customers, including but not limited to store is closed, non-availability of items, store cannot service online orders at the moment, store is overcrowded, etc.

(b) if the Company cancels the order due to reasons not attributable to Customers, including but not limited to non-availability of Merchants, etc.,or any other reasons as shall be deemed reasonable by the Company in its sole discretion.

11.6 Our decision on refunds shall be final and binding. All refunds will be processed in the same manner as they are received, or if the Company so elects at its sole and absolute discretion, may be provided in the form of voucher which will be credited directly to your Koperasi Kelab GTR Malaysia Berhad (GTR) GTRBurger.my  Member Account. The refund amount will be reflected in your bank account or Koperasi Kelab GTR Malaysia Berhad (GTR) GTRBurger.my  Member Account, as the case may be, based on respective banks’ and Company’s policies. You are advised that the processing of the payment of any refunds may take up to seven (7) to fourteen (14) working days.

12. Vouchers, Discounts and Promotions

12.1 From time to time, we may run marketing and promotional campaigns which offer Vouchers. Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once. Vouchers can only be used by you subject to such terms and conditions set forth by the Company from time to time.

13. Ratings and Review

13.1 The Platform may enable you to rate (“Ratings”) and post comments, reviews, suggestions or feedback about the Items which you have purchased or ordered and/or about the Merchants of which such Items are purchased or ordered or the Platform (“Reviews”). Reviews are considered as User Data for the purposes of the Platform.

13.2 Ratings and Reviews are not endorsed by the Company and do not represent the views of the Company or its affiliates. The Company shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews.

13.3 When you post Reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such Review to be published on the Platform. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any Reviews. We may, but shall not be obligated to, remove or edit any Reviews which contravenes this Agreement.

13.4 Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you acknowledge and agree that, by posting a Review:

(a) you are not (i) a director, employee, officer or principal (“Restricted Party”) of the Merchant whose Items are the subject of the Review, (ii) a Restricted Party of a competitor of the Merchant whose Items are the subject of the Review; or (iii) related in any way to the Merchant whose Items are the subject of the Review;

(b) your Review is based upon your first-hand experience with the Merchant whose Items, are the subject of the Review;

(c) your Review is accurate, truthful and complete; and

(d) your Review does not violate any of our policies (including this Customer T&C), including through libellous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene content, as determined by us in our sole and absolute discretion;

(e) your Review does not contain the confidential or proprietary information of third parties;

(f) the Company is under no obligation of confidentiality with respect to such Review, and shall be free to use the Review on an unrestricted basis

(g) the Company may have already received similar Review from some other user or it may be under consideration or in development; and

(h) by providing the Review, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Review and fully exploit such Review in any manner we deem appropriate.

14. Transactions Between Users

14.1 Our Services merely provide for the exchanging of information between its users (i.e. Merchants, Customers and Riders) through the Platform. Each sale and purchase transaction on the Platform will form a binding contract between the users. The Company does not represent either Merchant, Customer or Rider in each specific transaction between the users,.

14.2 All terms and conditions in relation to the Delivery Order are offered by and agreed to between the Customers and Merchants alone. The Company does not in any way involve itself in the offering or acceptance of such contractual terms between the Customers and Merchants. The Company may, offer support services to Merchants in respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by the Company with the Merchants.

14.3 The Company does not control or guarantee, and is not liable or responsible for, the quality, safety, lawfulness or availability of the Items offered for sale on the Platform. The Company is not responsible for any unsatisfactory performance, non-performance, damages, delays or breach of any contract entered into between Customers and Merchants on the Platform.

14.4 The Company is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Customers and Merchants on the Platform come into or take possession of any of the Items offered by Merchants. At no time shall the Company hold any right, title or interest over the Items.

14.5 The Customers accessing or using the Platform shall assume the risks of conducting any sale transactions in connection with or through the Platform, including but not limited to the risks of misrepresentation, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous Items, unlawful Items, delay or default in delivery of Items, breach of warranty, breach of contract, transportation accidents (“Transaction Risks“). The Company is not liable or responsible for any loss of any kind that may arise as a result of or in connection with any Transaction Risks.

14.6 In the event that you have a dispute with any party to a transaction, you agree to release and indemnify the Company (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.

15. Indemnity

You agree to indemnify, defend and hold harmless and keep indemnified, defended and held harmless the Company and its licensors, officers, partners, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable advocates and solicitors’ fees, arising from or related to any breach of this Customer T&C by you or permitted users of your Koperasi Kelab GTR Malaysia Berhad (GTR) GTRBurger.my  Member Account.

16. Disclaimer of Warranties

16.1 The Platform is provided to you on an “as is where is” basis and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its behalf and on behalf of its affiliates, licensors and its service providers, expressly disclaims all:

(a) conditions and warranties, whether express, implied, statutory or otherwise, with respect to the Platform including but not limited to the commercial and non-commercial merchantability, quality, fitness, purpose, title, non-infringement and any implied terms and warranties of the Platform;

(b) representations, by any means, as to the availability, accessibility, uninterrupted access, operation, performance of the Platform or any other Items accessed via the Platform; and

(c) indemnification arising from course of dealing or course of performance in connection with this Customer T&C.

16.2 To the maximum extent permitted by law, the Company makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the Platform, including but not limited to the Items offered or displayed on the Platform.

16.3 Further, by using the Services, you agree to the following disclaimers by the Company:

(a) Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on Merchants’ listing page on the Platform is for informational purposes only. Such Certification is displayed by the Company on an ‘as available’ basis that is provided to the Company by the Merchants. The Company does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such user’s own risk and the Company in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Merchants.

(b) We may use third party software and Application Programming Interface (“API”) when providing services on the Platform. We do not guarantee the reliability of such third-party software or APIs. You agree that we are not liable for any loss or damage whatsoever incurred or suffered by you arising out of our use of such third-party software or APIs.

17. Limitation of Liability

17.1 In no event will the Company, its affiliates and its respective licensors, shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, direct, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data or exposure of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the Platform, any performance or non-performance of the Platform, or any other product, service or other item provided by or on behalf of the Company.

17.2 You acknowledge and agree that the Company does not accept any responsibility or liability for the acts or omissions of any Merchant or any Rider including deficiency in service, wrong delivery of Deliver Order or Deliver Order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order.

17.3 Please note that some of the Items may be suitable for certain ages only. You should check the Items you are ordering and read its description, if provided, prior to placing your Delivery Order. The Company shall not be liable in the event the Items ordered by you does not meet your dietary or any other requirements and/or restrictions.

17.4 Access to, and use of, the Platform are entirely at your own discretion and risk. You understand and agree that you will use or access the Platform, or otherwise purchase or order any Items through the Platform, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or the loss of data that results from the use of the Platform.

17.5 The Company has no special relationship with or fiduciary duty to you or any other third-party. It is your responsibility to ensure that you order Items on the Platform which suits your needs.

17.6 In the event of any typographical, clerical or other error or omission in any invoice or other document or information issued by us on the Platform, such error or omission shall be subject to correction without any liability on our part.

17.7 In the event that any limitation or exclusion of liability in this Customer T&C is not enforceable, our total liability for any claim arising out of or relating in any manner to the access and/or use (or inability to access and/or use) of the Platform is limited to RM100 only. We do not exclude liability which may not be excluded by law.

18. General

18.1 Changes to the Customer T&C: The Company reserves the right to amend these terms and conditions at any time without prior notice. All amendments to these terms and conditions will be posted on-line or a notification will be issued by the Company. Continued use of the Portal to offer the Products shall be deemed to constitute acceptance of the new terms and conditions by you.

18.2 Waiver: If a party waives any right under this Customer T&C, it must be done in writing. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. A waiver of a breach of a term in this Customer T&C does not operate as a waiver of another breach of the same term or any other term in this Customer T&C.

18.3 Invalidity and Severability – If any provision of this Customer T&C is found by any court or administrative body of competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then:

(a) such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;

(b) the remaining provisions of this Customer T&C shall remain in full force and effect; and

(c) the parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible of the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.

18.4 Relationship: This Customer T&C will not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the parties; and the parties will at all times be and remain independent contractors.

18.5 Notices/Electronic Communication:

18.5.1 You consent:

(a) to receiving communications from us in an electronic form via the last email address you have submitted to us; and

(b) that any terms and conditions, agreements, policies, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Notice will be deemed given twenty (24) hours after:

(a) the e-mail is sent to the last email address that you have provided to us; or

(b) the notice is posted on the Platform.

18.5.2 All notices to the Company shall be in writing and shall be communicated via the Platform.

18.6 Time of the Essence: Time shall be of the essence wherever mentioned in this Customer T&C.

18.7 Governing Law and Dispute Resolution: This Customer T&C will be governed by the laws of Malaysia without regard to its conflicts of law provisions. The Parties hereby irrevocably submit to the exclusive jurisdiction of courts located in Malaysia and irrevocably agree that all actions or proceedings relating to this Customer T&C shall be litigated in such courts, and each of the Parties waives any objection which it may have based on improper venue or forum non-conveniens to the conduct of any such action or proceeding in such court.

18.8 Competent Jurisdiction: If any provision of this Customer T&C is held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remainder of this Customer T&C will remain in full force and effect and the Parties will modify such provision so as to be valid and enforceable if possible in such jurisdiction and conform to the Parties’ intent. Any remedies provided in this Customer T&C are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

18.9 Cost: Each party shall bear its own legal costs in the preparation of this Customer T&C. The Customer shall bear any stamp duties payable under this Customer T&C.