1. Agreement to Terms
The following terms shall have the following respective meanings:
“Customer” means the end user who purchases the Goods via the Services on the Platform.
“Force Majeure” means an act, omission or circumstances relied on by one of the parties to the agreement as a force majeure event and over which that party could not reasonably have exercised control including but not limited to acts of God, acts or omissions of Government, general strikes and/or lockouts, riots, acts of war, epidemics, governmental regulations imposed after the date of execution of the agreement, earthquakes or other natural disasters. An event or act shall not be excused or delayed by Force Majeure if it could not reasonably be circumvented through use of alternative sources, work around plans or other means as may be agreed between the parties.
“Goods” means the goods which includes but not be limited to food and beverages as provided by the Merchant through the Platform.
“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.
“You” or “Your” means yourself as a user who use and access this Platform, regardless as a paying or a non-paying user.
3. 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.|
|Purchases and Availability||The Platform and the availability of the Services and/or any Purchase are directed solely to those who access the Platform. We make no representation that the Services are available or otherwise suitable for your 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 risks, consequences and for compliance with all applicable laws.|
|Prohibitions and Prevention of usage||You shall not misuse the Platform. You shall not commit or 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. In the event that you are found to be conducting any of the activities above, 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 for 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. In the event that we detect that your account is being shared by multiple users, we may treat this as a security breach and will not hesitate to suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of your password and 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 via email at [email protected]. You agree to indemnify and hold harmless Eatsily for losses incurred by Eatsily or any other related party due to someone else using your account as a result of your failure to use reasonable means to safeguard your password.
We reserve the right to terminate your account if you are found to be using proxy Internet Protocol (“IP”) addresses in order to attempt to hide the use of multiple registration accounts or disrupts the Platform and/or the Services in any way.
When you create an account, you represent and warrant that:
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 provided by you are 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.
5. Delivery and Self-Pick-Up Services
Locations and Delivery Address
We provide a list of delivery and self-pick-up locations in the Platform. Customer shall choose their delivery or self-pick-up location before they can proceed to view the list of Merchants available in the location. It is the sole responsibility of Customers to provide the accurate delivery address to avoid any delivery issues which includes but not be limited to delays and/or Goods being delivered to the wrong address. Eatsily shall not be held liable for any losses incurred by Customer, Merchant and/or the delivery partner as a result of Customer’s negligence in updating their address in their account profile.
Delivery and Self-Pick-Up Time
The Platform provides an estimation of the delivery and self-pick-up time which shall be updated by the Merchant to be checked by Customer from time to time. The delivery times may vary due to situations that could not be controlled by us including but not limited to weather conditions, peak periods, traffic conditions and accidents. Despite our best efforts in maintaining the Platform, the Platform may occasionally experience system errors (“System Errors”) which may cause some delay in the order updates and/or the estimation of the delivery and/or self-pick-up time. Eatsily shall not be held liable for any losses incurred by any parties due to the System Errors.
It is your sole responsibility to monitor your own account activities including but not limited to any orders submitted or received and any other updates related to the delivery and/or self-pick-up services in your account.
If you encounter any issues to update or monitor the order submitted or received, please contact us at [email protected]. We will assist to resolve your issue promptly.
We may suspend and/or terminate your use of the Services (or any part of them), and/or your account in the event that you are found to be conducting any of the following activities while using the delivery and/or self-pick-up services which includes but not be limited to:
placing an order in the Platform in a fraudulent manner;
purposely requesting for a refund in multiple occasions without any valid proof;
utilizing our promotional voucher codes or credits in a manipulative or fraudulent manner;
unreasonably delay the pick-up of Goods in multiple occasions; or
unreasonably delay the preparation of Goods, if you are a Merchant.
6. Reservations Services
We provide a reservation service in the Platform. Customer may conduct a restaurant reservation by choosing the time, venue and where applicable, any of the promotions as offered by Merchant in the Platform. We do not however guarantee and are not responsible for the performance of the reservation, the dining services and/or promotions, which are the sole responsibility and to be provided and/or the performed by the Merchant. Further, we are not responsible for the service, eligibility, and/or the cancellation of the restaurant’s reservation by the Merchant. Permitted cancellation of reservation, or amendments to the date, time and any other information related to the reservation by Customer may be made at least one (1) minute prior to the commencement time of the reservation.
We may terminate your use of the Services (or any part of them) and/or your account in the event that you are found to be conducting any of the following activities which include but are not limited to:
changing the time and/or date of a reservation after the permitted period;
not complying with the details as agreed in the reservation which includes the number of person, date, time and/or any other special instructions/requests with regards to the reservation;
requesting a discount during the commencement of the reservation time;
failing to cancel a reservation which you do not plan to attend (“no-showing”) or would not be able to cater; and/or
committing fraud of any kind with regards to your payment obligations for the services rendered.
Prices and menu on public holidays or special occasions may vary from the regular menu. Please contact the Merchant directly to confirm the menu and prices offered on the public holidays and special occasions.
7. Dine-In Services
We provide QR codes at Merchant’s restaurant that gives access to a full list of menu offered in the restaurant together with the prices and option to place an order. The QR codes are displayed in various accessible locations at the Merchant’s restaurant to be scanned by Customer using the Services in the Platform. The Dine-In Service is only available within the Merchant’s restaurant and shall not be used or be accessible outside of the permitted location.
8. Promotions, Discounts and Voucher Codes
Eatsily and/or the Merchant may from time to time conduct marketing activities which includes but not be limited to promotions, campaigns, discounts offerings and/or voucher codes (“Marketing Programs”). The details and requirements of the Marketing Programs shall be governed by the terms and conditions of such program. You are encouraged to regularly check our Platform for any Marketing Programs offered by us. Eatsily is not responsible for any promotions and/or campaigns conducted by Merchants on their own efforts and therefore Eatsily shall not be held liable for any claims or disputes arises with regards to Merchant’s own promotions and campaigns.
Eatsily and/or the Merchant may offer credits as a form of rewards to you with regards to the Marketing Programs. Any credits rewarded by us in your account may be used for any types of Services in the Platform. Any credits rewarded by the Merchant to you from their own promotions and/or campaigns shall only be used in the specific Merchant’s services only. The credits in your account shall have the same value in Ringgit Malaysia (RM) where one (1) credit is equal to RM1. The credits shall only be used within the Platform and unless expressly stated otherwise, the credits are not exchangeable for cash.
We reserve the rights to change, vary and/or amend the terms and conditions applicable to the credits at any time without notice, including but not limited to the value, validity, expiration period, and/or your ability to redeem existing referral credits. The terms and conditions of the credits rewarded in your account vary according to the terms and conditions of the specific Marketing Program. It is your sole responsibility to regularly check your account to get the information regarding your credits.
The Platform 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 Services. When using our Services, 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 the 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 and update your Payment Method. Failure to do so shall automatically provide us the authority to continue billing the pre-selected Payment Method. All responsibilities to resolve any or all disputes with your financial institution, credit/debit card issuer or provider of your selected Payment Method, are to be borne by you.
Eatsily (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 Platform. The Services listed and provided on the Platform constitute a ‘willing seller and willing buyer’ basis. Thus, Eatsily 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.
Eatsily reserves the right to provide other Payment Methods or discontinue certain Payment Methods. Customer bindingly chooses the Payment Method when placing the respective order in the Platform. Provided that the Customer chooses an online Payment Method, the payment might be processed by an external payment provider. Customer’s card data will in this case be stored for future orders by the payment provider, on the condition that the Customer chooses the respective storage of such and hereby gives consent to it.
11. Restrictions on Goods
We do not offer certain Goods to be purchased in our Platform which includes but not be limited to:
any other Goods that have any law restrictions and/or minimum statutory legal age requirements.
(collectively referred to as “Restricted Goods”).
In the event that the Merchant offers and/or provides the Restricted Goods in the Platform without our knowledge, and/or our delivery partner deliver the Restricted Goods to you upon your request, we disclaim all liability with regards to your purchase of the Restricted Goods. You shall bear all risks, responsibilities and consequences of purchasing the Restricted Goods and you hereby agree and accept that by purchasing the Restricted Goods, you are of the statutory legal age. Any offers made on the Platform for Restricted Goods shall be void when it is prohibited by law.
12. User and Site Content
The Platform allow you 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 you upload, post or otherwise make available on our Platform, you hereby assign us all rights, title and interest to us for the same, and you expressly acknowledge 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 Platform including but not limited to the texts, graphics, photographs, software, videos and audio files, and any of the like that appear or available on the Platform is either owned by or licensed to us, and is subject to copyright and other intellectual property rights under the applicable laws.
You shall not repost, republish, reproduce or copy the Content in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written consent. You shall not sell or distribute Content to any 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 [email protected]. We have no obligation to grant you permission to repost, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Content upon your request.
13. Intellectual Property Rights
All trademarks, tradenames, 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”). The Trademarks are owned by or licensed to us and may not be used for any purpose in any manner without our prior written consent. Your access to or use of the Platform should not be construed as granting by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Platform without our prior written consent.
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.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.
14. Activities Prohibited on the Platform
The following is partial non-exhaustive list of the types of conduct that are illegal or prohibited on the Platform. Eatsily reserves the right to investigate and take appropriate legal actions 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 with or without their consent;
posting URLs to external platform or any form of HTML or programming code;
posting anything that may be considered as “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; and/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
Edit or delete any Content posted on the Platform, regardless of whether such Content violates Eatsily’s Trademarks and copyrights.
15. Claim for Copyright Infringement
We respect the intellectual property of others. If you believe in good faith that any of our Platform’s Content, or any other matters posted on the Platform infringe the copyright in a work you own, please contact us via email at [email protected], 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;
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 your notification to us 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.
16. Hyperlinks to Other Sites
The Platform may contain advertisements and/or links to other sites ("Third Party Sites"). These links to Third Party Sites provided by Eatsily are 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 Platform and navigate to Third Party Sites, or install any other applications, software or download content from any such Third Party Sites, you shall 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 actions, risks and/or consequences associated with any Third Party Site. Moreover, we do not imply an affiliation with any Third Party Site.
17. Force Majeure
In the event of a Force Majeure event, the party affected by the Force Majeure shall promptly notify the other party in writing of the nature and extent of the Force Majeure. Neither the Merchant not Eatsily shall be deemed to be in breach of these Terms and Conditions and/or the Merchant Agreement or otherwise be liable to the other for any delay in the performance or non-performance of any of its obligations herein under to the extent that the delay or non-performance is due to a Force Majeure of which it has notified the other party. In such circumstances, the time for the performance of the respective obligation shall be extended accordingly as appropriate. In the event that the Force Majeure event prevents you from performing your obligations under these Terms and Conditions for an aggregate period of thirty (30) days during the term of this agreement, we shall be entitled to terminate your Appointment by giving a written notice to you.
18. Limitation of Liability
To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
we provide the Platform and any products or Services we offer on an “as is”, “as available” and “best effort” basis, and your access to or use of our Platform is at your own risk;
we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any Goods or Services we provide;
we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).
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; and/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.
We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the Goods 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 Goods or Services we offer over the last three (3) months.
You agree to fully defend, indemnify, and hold Eatsily, its directors, officers, employees, suppliers, licensors and any third party content providers harmless from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the Platform. We shall at our sole and absolute discretion reserve the rights, 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.
20. Governing Law and Severability
22. No warranty
You acknowledge and agree that the Services are provided on an “as is”, “as available” and “best effort” basis, and that your use of or reliance upon the Services and any content, Goods or Services accessed or obtained thereby is at your sole risk and discretion.
We undertake to provide and ensure that the Services of the Platform be performed on “best effort” basis, however, failing which we shall not be held liable by any party. The Services provided by us pursuant to this clause shall include: (a) ensuring that 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) ensuring any errors or defects in the Services will be corrected; and/or (c) ensuring that 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 to 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 Services made available through the Platform, 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 provided by of our Merchants.
We maintain and shall have the right at any time, without prior notice to change, modify, correct, add to, discontinue, and/or retire any aspect or feature of the 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 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.
24. Contact Us
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