Agreement to Terms
The following terms shall have the following respective meanings:
- “Merchant” means the third party who shall supply or provide the goods and/or services in the Platform.
- “Purchase” means the purchase of goods and/or services for which provided by merchant(s) through the Platform.
- “Register” means creating an account on the Platform.
- “Service” or “Services” means all and any of the services provided by eatsily via the Platform, including but not limited to the information services, content and transaction capabilities on the Platform and the availability to make a Purchase.
- “Merchant” means service provider in the Platform.
Use of the Platform
|Eligibility||To use the Platform, the Services and/or to make any purchase, you must be eighteen (18) years of age or over.|
|Place||The Platform and/or the availability of the Services and/or any Purchase are directed solely to those who access the Platform that are listed on the Platform. We make no representation that the Services are available or otherwise suitable for use or consume. If you choose to use the Services and/or make a Purchase, you hereby agree that you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.|
|Prohibitions and Prevention||You shall not misuse the Platform. You shall not commit or of usage encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Platform, the Services (or any part of them) and/or from making any Purchase.|
|Equipment||Your agreement to use the Services, the Platform and/or the making of any Purchase does not include the provision of a smartphone or any other necessary equipment by us to you in achieving any of the said purposes. To use the Platform, the Services and/or to make a Purchase, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.|
You may be required to sign up an account and specify a password to use certain features on the Platforms. You agree to provide, maintain and update true, accurate, and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.
Your account must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. We may require you to validate your account during the registration of the account.
You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of your password and your account. You are entirely responsible for all the actions or activities made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us email at: email@example.com. You agree to indemnify and hold harmless eatsily for losses incurred by eatsily or another party due to someone else using your account as a result of your failure to use reasonable to safeguard your password.
We reserve the right to terminate your account if you been seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts or disrupts the Platform or the Services in any way.
When you create an Account, you represent and warrant that:
- If you are representing a company, organization or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms, and that the Entity is duly incorporated;
- You are capable of entering into and performing legally binding contracts under the applicable law;
- You are and will be legally, financially and morally responsible for all activities that occur under your Account; and
- All information which you provide is accurate, up to date, truthful and complete and that you will promptly inform us of any changes to such information by updating your Account profile.
If you are below the age of majority, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities
Cancellation Related To Order Place
You have the right to cancel or edit your order up to fifteen (15) minutes after your order is placed via eatsily Platform. Once confirmation is made, at this point of time, the restaurant would have started to prepare the food and therefore no refunds would be possible. In the event of a cash upon serving, your order will be delivered as instructed and cash must be collected at the point of served
User and Site Content
The Services allow uses to create listings and share content, such as photos, videos, comments, data, text, links and/or other information (“Content”). With respect to any Content that your upload, post or otherwise make available on through our Platform, you hereby assign us all rights, title and interest to us for the same, and you expressly knowledge and agree that thereafter we shall own such Content. To the fullest extent permitted under the applicable law, you agree not to assert any rights and/or other intellectual property rights in respect of any use and/or ownership of such Content by us or third parties authorizes by us. You further warrant that at all material time, you are the legitimate owner of such Content and/or that you otherwise are authorized or have the right to grant such a license to us.
The eatsily Platform including without limitation the text, graphics, photographs, software, video and audio files, and the like to appear on eatsily Platform, is either owned by or licensed to us, and is subject to copyright and other intellectual property rights under the applicable laws.
Users may not repost, republish, reproduce or copy the Content to other Platform, mobile applications, or otherwise, without our prior written consent. Furthermore Users shall not sell, or distribute, Content to third parties, prepare derivative works of or otherwise exploit Content without our prior written permission. To request permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Content, please submit your request in email to firstname.lastname@example.org. We have no obligation to grant you permission to repost, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Content.
All of our trademarks, service marks and logos are owned by or licensed to us and may not be used for any purpose without our prior written consent.
Activities Prohibited on the Platform
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Platform. Eatsily reserves the right to investigate and take appropriate legal action against anyone who, in eatsily's sole discretion, engages in any of the prohibited activities. Prohibited activities include but are not limited to the following:
- Using the Platform for any purpose in violation of local, state, or federal laws or regulations;
- Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by eatsily in its sole discretion or pursuant to local community standards;
- Posting Content that constitutes cyber-bullying, as determined by eatsily in its sole discretion;
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
- Posting telephone numbers, street addresses, or last names of any person;
- Posting URLs to external Platform or any form of HTML or programming code;
- Posting anything that may be “spam,” as determined by eatsily in its sole discretion;
- Impersonating another person when posting Content;
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Harassing, threatening, stalking, or abusing any person;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the sole discretion of eatsily, exposes eatsily or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
- Encouraging other people to engage in any prohibited activities as described herein.
Eatsily reserves the right but is not obligated to do any or all of the following:
- Monitor, edit, or disclose any Content on the Platform; and
- Posting Content that constitutes cyber-bullying, as determined by eatsily in its sole discretion;
- Edit or delete any Content posted on the Platform, regardless of whether such Content violates these standards: eatsily Trademarks and Copyrights.
All trademarks, logos, and service marks displayed on the Platform are registered and unregistered Trademarks of eatsily and/or third parties who have authorized their use (collectively the “Trademarks”)
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of eatsily's trademarks on any other platform is strictly prohibited. All of the materials contained on the Platform are copyrighted except where explicitly noted otherwise. Eatsily will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Eatsily neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with eatsily. Use of any materials on the Platform is at your own risk.
Claim of Copyright Infringement
We respect the intellectual property of others. If you believe in good faith that any Site Content, or other matter posted on the eatsily Platform infringe upon the copyright in a work you own, please contact via email: email@example.com, with correspondence containing the following:
- A physical signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
- A clear identification of the copyrighted work allegedly infringed;
- Identifying information reasonably sufficient to allow determination by us of the location of the material that is allegedly infringing;
- Information reasonably sufficient to permit us to contact or respond to you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and that you are either the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Hyperlinks to Other Sites
The eatsily Platform may contain advertisements and/or links to other sites ("Third Party Sites"). These links to Third Party Sites are provided solely for the convenience of our users. We do not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any third party sites or any products or services advertised on third party sites. If you decide to leave the eatsily Platform and navigate to Third Party Sites, or install any other applications, software or download content from any such Third Party Sites, you do so at your own risk. Concerns regarding a Third Party Site should be directed to the owners of the Third Party Site itself. We bear no responsibility for any action associated with any Third Party Site. Moreover, we do not imply an affiliation with any Third Party Site.
Limitation of Liability
Your further acknowledge and agree that we will not be held liable for any loss or damage incurred as a result of the use of the Eatsily Sites, Mobile Apps or the Services. You understand that we serve as a Platform that allow users to access and use the services contained on the Eatsily Sites, Mobile Apps. We are service provider and transaction handler for all users. We are in no way nor shall be considered an agent of any Merchant and we take no responsibility for the Services or products for which any Merchant provides.
To the fullest extent permitted by law, Our Entities are not liable to you or others for:
- Any indirect, incidental, special, exemplary, consequential or punitive damages; or
- Any loss of data, business, opportunities, reputation, profits or revenues,
- Relating to the use of our Platform or any products or Services we offer.
If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last three (3) months.
You agree to defend, indemnify, and hold us harmless from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the Services. We at our sole and absolute discretion reserve the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Governing Law and Severability
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
We do not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and our server(s) are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from us or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that we have no obligation to support or maintain the Services.
We disclaim any and all liability or responsibility in relation to the Platform made available through the Services, including but not limited to the Content uploaded by users or the third party content and Services. We are not responsible or liable in any manner for the third party Content and Services associated with or utilised in connection with the Services, including the failure of such third party Content and Services, including but not limited to the Content and/or Services of our Merchants.
We maintain and shall have the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the eatsily Platform and/or the Services, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services (or any part thereof) on any particular device or communications service. We have no obligation to provide you and/or the Merchant with notice of any such changes, and we are further under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the eatsily Platform and/or the Services.
The Service allows transactions to be made according to the price listed on the Platform or on the Merchant’s price list. When a transaction takes place, payment is processed whereby (a) credit card / debit card / online banking information is held and (b) price of the transaction is charged to the selected payment method immediately.
A current, valid and accepted payment method (as may be updated periodically, “Payment Method”) must be provided to us for use of the Service. When using our Service, it is assumed that the stipulated price listed on each item on the Platform and/or on the Merchant’s price list is mutually agreed upon transacting.
Should payment method fail, we retain the right to request and/or seek payment from you through other avenues. In the situation whereby payment is unsuccessful due to any reason (expiration, insufficient funds or otherwise), you are responsible to edit your payment method. Failure to do will result in allowing us the authority to continue billing the pre-selected payment method. All responsibility to resolve any/all disputed with your financial institution, credit/debit card issuer or provider of your selected Payment Method, are to be borne by you.
The Company (including all its subsidiaries, brands, related and/or associated companies/brands), in the event of any loss or damages, will not be held liable regardless of the circumstance whether it be contract, tort, negligence, strict liability or other basis arising from the use and/or the access of our Service and/or Platform. This includes any third party link to or from the Company’s Platform. The services listed and provided on the Platform constitute a ‘willing seller and willing buyer’ basis. Thus, the Company is absolved of any form of liability which may occur as a result of any transaction. The exclusion clause is to be taken into full extent as permitted by law.
Cash, Visa, MasterCard, American Express, online banking. The provider reserves the right to provide other payment methods or to no longer offer certain payment methods. The end customer bindingly chooses the payment method when placing the respective order. Provided that the end customer chooses an online payment method, the payment might be processed by an external payment provider cooperating with the provider. Card data will in this case be stored for future orders by the payment provider, on the condition that the end customer chooses the respective storage of such and hereby gives consent to it.
|Transaction Refund / Cancellation||No refund is applicable. Once confirmation is made, at this point of time, the restaurant would have started to prepare the food and therefore no refunds would be possible. In the event of dispute due to payment received and service(s) is not delivered, merchant shall resolve the dispute by paying cash or cash equivalent to the customer and Eatsily will release the payment as per transacted amount during payout.|
|Payout Frequency||Payout of settlement sum to the merchant is on Weekly Basis.The weekly settlement cut-off time will be on Every Sunday, 24:00 (Malaysia Time). Eatsily will deposit/ transfer the weekly settlement sum into a designated bank account of the merchant within seven (7) working days after weekly settlement cut-off day (exclude bank’s floating period).|
|Place and Currency Settlement||The transaction will be settled with Malaysia Currency (MYR) only and all the settlement only can be done within the country (Malaysia). It is recommended that the merchant must have a bank account in Malaysia Banks.|
|Payout Method||The payout method will be reimbursed via direct debit bank transfer into merchant’s dedicated bank account. The floating period of such transfer will takes 1-3 working days, subject to the bank account used by the merchant.|
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