Welcome to FindFood Sdn Bhd (“Company”, “we”, “our”,
“us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your
use of our website and App herein called CariMakan (together or
individually “Service”) operated by FindFood Sdn Bhd.
Our Privacy Policy
also governs your use of our Service and explains how we collect, safeguard and
disclose information that results from your use of our web pages.
Your agreement with
us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge
that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements,
then you may not use the Service, but please let us know by emailing at customerservice@carimakan.com so we can try
to find a solution. These Terms apply to all visitors, users and others who
wish to access or use Service.
By using our Service, you agree to subscribe to newsletters,
marketing or promotional materials and other information we may send. However,
you may opt out of receiving any, or all, of these communications from us by
following the unsubscribe link or by emailing at customerservice@carimakan.com.
3. Purchases
If you wish to
purchase any product or service made available through Service (“Purchase”),
you may be asked to supply certain information relevant to your Purchase
including but not limited to, your credit or debit card number, the expiration
date of your card, your billing address, and your shipping information.
You represent and
warrant that: (i) you have the legal right to use any card(s) or other payment
method(s) in connection with any Purchase; and that (ii) the information you
supply to us is true, correct and complete.
We may employ the
use of third party services for the purpose of facilitating payment and the
completion of Purchases. By submitting your information, you grant us the right
to provide the information to these third parties subject to our Privacy
Policy.
We reserve the right
to refuse or cancel your order at any time for reasons including but not
limited to: product or service availability, errors in the description or price
of the product or service, error in your order or other reasons.
We reserve the right
to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected.
All items delivered
via the delivery boy system can be tracked on the App. Delivery times are
within 60-90 mins from the time of order depending on if orders were made for
delivery during peak or non-peak hours. Delivery times may exceed the these
estimates in circumstances beyond our control, such as bad weather and heavy
traffic jams.
For items delivered
via courier services, the order completion timeframe is within 48 hours from
time of purchase. Items will be shipped out within this time limit, following
which our logistics partners will delivery your goods within 1-3 working days.
A tracking number will be provided to allow tracking of the shipment on the
courier partner’s tracking services (website or App). Any delays once packages
are with delivery partners can be followed up with the respective courier
partner companies directly.
5. Contests and Promotions
Any contests or other promotions (collectively, “Promotions”) made available through CariMakan may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
6. Refunds
We issue refunds for Nationwide items purchased within 7 days of
the delivery of purchases. The conditions of refund will only be fulfilled for
wrong / damaged items received. The cost of return of such items will be borne
by the vendor, and items returned must be in it’s original and undamaged
packaging where applicable.
For local food delivery, refund will be fulfilled only for
incomplete orders, wrong orders as well as unsuccessful deliveries due to
circumstance related to the vendor or delivery person. Unsuccessful deliveries
due to unavailability of the customer (eg wrong address, uncontactable during
the time of delivery beyond 30 minutes) will not qualify for a refund.
We advise customers to check their orders before accepting them
from the delivery partners, to facilitate return of wrong orders.
Refunds will be processed and shall be reflected within 3
working days for payments made via online banking, and up to 2 weeks for credit
card payments. Reimbursements will be made to the original payment method. For
example, if an order was paid for with a credit card, refund will be made to the
same credit card.
7. Content
Our Service allows
you to post, link, store, share and otherwise make available certain
information, text, graphics, videos, or other material (“Content”). You are
responsible for Content that you post on or through Service, including its
legality, reliability, and appropriateness.
By posting Content
on or through Service, You represent and warrant that: (i) Content is yours
(you own it) and/or you have the right to use it and the right to grant us the
rights and license as provided in these Terms, and
(ii) that the
posting of your Content on or through Service does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of
any person or entity. We reserve the right to terminate the account of anyone
found to be infringing on a copyright.
You retain any and
all of your rights to any Content you submit, post or display on or through
Service and you are responsible for protecting those rights. We take no
responsibility and assume no liability for Content you or any third party posts
on or through Service. However, by posting Content using Service you grant us
the right and license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content on and through Service. You agree that
this license includes the right for us to make your Content available to other
users of Service, who may also use your Content subject to these Terms.
FindFood Sdn Bhd has
the right but not the obligation to monitor and edit all Content provided by
users.
In addition, Content found on or through this Service are the
property of FindFood Sdn Bhd or
used with permission. You may not distribute, modify, transmit, reuse,
download, repost, copy, or use said Content, whether in whole or in part, for
commercial purposes or for personal gain, without express advance written
permission from us.
8. Prohibited
Uses
You may use Service
only for lawful purposes and in accordance with Terms. You agree not to use
Service:
0.1. In any way that
violates any applicable national or international law or regulation.
0.2. For the purpose
of exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content or otherwise.
0.3. To transmit, or
procure the sending of, any advertising or promotional material, including any
“junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate
or attempt to impersonate Company, a Company employee, another user, or any
other person or entity.
0.5. In any way that
infringes upon the rights of others, or in any way is illegal, threatening,
fraudulent, or harmful, or in connection with any unlawful, illegal,
fraudulent, or harmful purpose or activity.
0.6. To engage in
any other conduct that restricts or inhibits anyone’s use or enjoyment of
Service, or which, as determined by us, may harm or offend Company or users of
Service or expose them to liability.
Additionally, you
agree not to:
0.1. Use Service in
any manner that could disable, overburden, damage, or impair Service or
interfere with any other party’s use of Service, including their ability to
engage in real time activities through Service.
0.2. Use any robot,
spider, or other automatic device, process, or means to access Service for any
purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual
process to monitor or copy any of the material on Service or for any other
unauthorized purpose without our prior written consent.
0.4. Use any device,
software, or routine that interferes with the proper working of Service.
0.5. Introduce any
viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
0.6. Attempt to gain
unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
0.7. Attack Service
via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action
that may damage or falsify Company rating.
0.9. Otherwise
attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
By creating an account with us, you guarantee that you are above the age of 18, and that the information provided is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of FindFood Sdn Bhd and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of FindFood Sdn Bhd.
We respect the
intellectual property rights of others. It is our policy to respond to any
claim that Content posted on Service infringes on the copyright or other intellectual
property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one,
and you believe that the copyrighted work has been copied in a way that
constitutes copyright infringement, please submit your claim via email to customerservice@carimakan.com, with the subject
line: “Copyright Infringement” and include in your claim a detailed description
of the alleged Infringement as detailed below, under “DMCA Notice and Procedure
for Copyright Infringement Claims”
You may be held
accountable for damages (including costs and attorneys’ fees) for
misrepresentation or bad-faith claims on the infringement of any Content found
on and/or through Service on your copyright.
You may submit a
notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
0.1. an electronic
or physical signature of the person authorized to act on behalf of the owner of
the copyright’s interest;
0.2. a description
of the copyrighted work that you claim has been infringed, including the URL
(i.e., web page address) of the location where the copyrighted work exists or a
copy of the copyrighted work;
0.3. identification
of the URL or other specific location on Service where the material that you
claim is infringing is located;
0.4. your address,
telephone number, and email address;
0.5. a statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
0.6. a statement by
you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
You can contact our Copyright Agent via email at customerservice@carimakan.com.
You may provide us either directly at customerservice@carimakan.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose. Feedback in any manner and for any purpose.
Our Service may contain links to third party web sites or
services that are not owned or controlled by FindFood Sdn Bhd.
FindFood Sdn Bhd has
no control over, and assumes no responsibility for the content, privacy
policies, or practices of any third party web sites or services. We do not
warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND
AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY,
FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH
USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH
ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE
YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB
SITES OR SERVICES THAT YOU VISIT.
THESE SERVICES ARE
PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED
THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT,
AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR
ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY
OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE
ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR
CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES
NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.
EXCEPT AS PROHIBITED
BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND
EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY,
WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR
PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY
VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR
REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE
PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR
SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU
We may terminate or
suspend your account and bar access to Service immediately, without prior
notice or liability, under our sole discretion, for any reason whatsoever and
without limitation, including but not limited to a breach of Terms.
If you wish to
terminate your account, you may simply discontinue using Service.
All provisions of
Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with
the laws of Malaysia, which
governing law applies to agreement without regard to its conflict of law
provisions.
Our failure to enforc