By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by Fooddit or our subsidiaries or other affiliates (collectively, “Fooddit,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the meal ingredients or other products made available through the Sites (collectively, the “Products”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
Fooddit reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use the Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of Malaysia, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites,
(d) do not have more than one Fooddit account, and (e) have full power and authority to enter into these Terms and in so doing will not violate or breach the terms of any other agreement to which you are a party.
3.Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Sites, you will need to register for an Fooddit account. By creating an account, you agree to (a) provide accurate, current and complete information as may be required by us, (b) maintain and promptly update from time to time your account information as may be necessary, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating an Fooddit account, you also agree and consent to receiving electronic communications from Fooddit via email or notices posted on the Sites or such other forms of electronic communication as may be available to Fooddit. These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information). You hereby agree that any notices, agreements, disclosures or other communications that we send to you electronically satisfies any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein or sending us an email at firstname.lastname@example.org.
4.Terms of Sale
4.1.Meal Subscriptions,; One-off Subscriptions,; Customised Subscriptions; and our Cancellation Policy
Subscriptions. We offer different subscription plans for our meal ingredients (each, a “Meal Subscription”). For more information about our Meal Subscriptions, please visit the Pricing page on our website and our section on frequently asked questions (“FAQs”). Note that we do not currently deliver meal ingredients to every location, so please visit our FAQ page to see if we deliver to your area.
One-off Subscriptions. When you register for a one-off Meal Subscription, you expressly acknowledge and agree that Fooddit (or our third party payment processor) is authorised to charge you a fee for your Meal Subscription (in addition to any applicable taxes and other charges) in accordance with these Terms.
Customised Subscription. When you request and register for a customised Meal Subscription[U1] [EZ2] which is also known as the “Private Chef” option on the Sites, you expressly acknowledge and agree that Fooddit (or our third party payment processor) is authorized to charge you a fee for your Meal Subscription (in addition to any applicable taxes and other charges) in accordance with these terms.[U3] [EZ4] [U5]
Cancellation Policy. You may cancel your Meal Subscription by emailing us at email@example.com and following the instructions in the email we send in response to your cancellation request PROVIDED ALWAYS that such cancellation is made at least seven (7) days before the date of delivery of your Meal Subscription. For the avoidance of doubt, you shall be liable to bear all Meal Subscription charges (in addition to any applicable taxes and other charges) which may have been incurred before the date of your cancellation request. In the event you cancel your Meal Subscription, please note that we may still send you promotional communications about Fooddit, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
4.2.Payment and Billing Information
By providing a credit card or utilising other payment methods which we deem acceptable, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge you vide the designated payment method for the total amount of your Meal Subscription or other purchase (including any applicable taxes and other charges) (collectively, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Fooddit account, you may do so at any time by logging into your account and editing your payment information.
You hereby acknowledge that the amount billed may vary due to promotional offers, changes to your Meal Subscription and/or changes in applicable taxes or other charges, and you authorise us (or our third party payment processor) to charge your payment method accordingly for the corresponding amount.
4.3.Pricing and Availability
All prices are shown in Ringgit Malaysia (RM) and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Meal Subscription and/or Product(s), we will provide advance notice of such changes in accordance with Section 3. We will not, however, be able to notify you of changes in any applicable taxes. Your payment foracceptance of the delivery of
your Meal Subscription and/or Product(s), as applicable, to you after our delivery of such notice shall constitute your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set out in Section 4.1, as applicable.
[U6] [EZ7] [U8] All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and/or to substitute Products (including, but not limited to, specific meal ingredients or entire meals) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at info@fooddit .com.
We will collect the goods and services tax payable on Products as and when required. If an item is subject to goods and services tax, you agree that the amount of taxes shown at checkout on the Sites during the procesing of your payment may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
4.5.Delivery and Handling
You agree to pay any delivery and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate delivery and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Unless otherwise stated, delivery is handled by a third party courier. [U9] [EZ10] [U11] When you purchase a Product from Fooddit, any delivery or shipping times shown on the Sites are estimates only. Actual delivery dates and time may vary. You agree that you will not obtain or directly ship a Product for export. All Products purchased from us are delivered pursuant to a third party shipment contract. This means that the title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the meal ingredients arrive in a cool, refrigerated condition. We recommend that you use a thermometer to ensure that the temperature zone within the container in which any meat, poultry or seafood Product is located is 5°C or below. In the unlikely event that such temperature zone is above 5°C, or you have any other reason to believe that any other Product
in your delivery is not suitable for consumption, contact us at firstname.lastname@example.org and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery. From the time of delivery, the condition and consumption of the Products are at your sole risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems and food allergies are solely responsible for consumption of the Products.
If you are not at home when your delivery arrives, the courier will generally try to contact you on the mobile phone number provided to Fooddit to inform you of his arrival. However, if you are unable to be contacted, the courier will leave the package for you at your door. Our meal ingredients are packaged with insulated liners and ice packs and will typically remain cold and fresh for several hours, but depending on weather conditions and temperature in your geographic area at the time of delivery, we recommend making advance plans for receipt and proper storage of your meal ingredients prior to consumption. You may be able to provide additional delivery instructions when setting up your Fooddit account, such as requesting that your delivery be left with a guardhouse or neighbour. Any individual at the delivery address who accepts a delivery from us is presumed to be authorised to receive such delivery. In cases in which you have designated an alternative recipient, such person shall accept the delivery of the relevant Products under all of the same terms and conditions that would apply to you had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to procure the delivery of your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of the Products is not feasible, we will cancel your meal delivery for the affected period and issue you a credit or refund of the purchase price for such Products. Notwithstanding the above, we will not be liable or responsible for any failure to deliver your Order or perform any of our obligations under these Terms if such failure is caused by circumstances beyond our reasonable control, including but not limited to, any fire, earthquake, flood, epidemic, accident, explosion, casualty, lock-out, riot, civil disturbance, act of public enemy, natural catastrophe, embargo, war, act of God and/or any other causes beyond the reasonable control of Fooddit (including mechanical, electronic or communications failure).
You are not permitted to resell or otherwise use the Products for commercial purposes.
4.8.Returns and Refunds
If you are dissatisfied with a meal or meal ingredient for any reason, please contact us at email@example.com and follow the instructions in the email we send in response to your prior email provided PROVIDED ALWAYS that your emailit is sent to us [U14] [EZ15] [U16] within three (3) working days of the date you receive the meal ingredients. We may either replace the meal or meal ingredient at our expense or, depending on the circumstances, provide you with a full or partial credit or refund of the purchase price for that meal or meal ingredient PROVIDED ALWAYS that such dissatisfaction arises or is brought about through no fault of your own. We may require the return or photographic documentation of any meal ingredient with which you are dissatisfied before we provide you a credit or refund. For the avoidance of doubt, we will bear all reasonable costs and expenses which you may incur in returning the meal ingredient to us. If you do not comply with the terms of this section, you will be rendered ineligible to receive a refund.
5.License to Access and Use Our Sites and Content Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Fooddit logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 10 below), other files and the selection and arrangement thereof (collectively, “Content”) are the property of Fooddit or our licensors or users, as applicable, and are protected by the relevant laws of Malaysia and international copyright laws.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites and Content. Such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods on the Sites or Content or any portion thereof, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorised herein, without our prior written permission, is strictly prohibited and any breach of the provisions in this Section will result in an immediate termination of the license granted herein. Please note that such unauthorised use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless expressly stated by us, nothing in these Terms shall be construed as conferring to you any right or license to any patent, trademark, copyright or other proprietary rights of Fooddit or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by Fooddit or a third party that are subject to separate license terms, in which case those license terms will govern such software components accordingly.
The name “Fooddit,” the Fooddit logo and any other Fooddit Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of Fooddit, whether registered or unregistered, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Fooddit” or any other name, trademark or Product or service name of Fooddit without our prior written permission. In addition, the look and the layoutfeel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Fooddit and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Fooddit.
You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Sites for non-commercial purposes, provided that such link does not portray Fooddit or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Fooddit logo or other proprietary graphic of Fooddit to link to the Sites without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any Fooddit trademark, logo or other proprietary information, including the images found on the Sites or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our prior written consent.
Fooddit makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
8.Third Party Content
We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Fooddit is not responsible or liable in any manner for such interactions or Third Party Content.
You agree that you shall not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and shall not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and Fooddit;
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Reverse engineer any aspect of the Sites or do anything that might lead to the discovery of the source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorised to access;
- Develop any third party applications that interact with User Content or the Sites without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or
- Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Any breach of the provisions of this Section may result in the termination of your right to access or use the Sites and to order, receive and use the Products, at any time and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
The Sites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Sites or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites.
By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- User Content that references or depicts Fooddit or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a Fooddit employee or paid blogger);
- User Content that refers to or represents Fooddit in any way which we may, in our sole discretion, deem to be disruptive to the business of Fooddit;
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- User Content that contains any private or personal information of a third party without such third party’s consent;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Products, or that may expose Fooddit or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any breach of the provisions of this Section may result in the termination of your right to access or use the Sites and to order, receive and use the Products, at any time and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
11.Rights in User Content
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., Fooddit’s Facebook page, Instagram page or Twitter feed), you hereby grant Fooddit a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and non-commercial purposes.
By uploading, posting or submitting User Content to Fooddit through the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Fooddit to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
12.Notice And Feedback
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, original or creative materials or other information about Fooddit, the Sites or the Products (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Fooddit. Fooddit shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
All legal notices or demands to Fooddit shall be made in writing and sent to Fooddit personally, by courier or registered post to Fooddit Sdn Bhd, B3-3A-15 Solaris Dutamas, 1 Jalan Dutamas 1, 50480 Kuala Lumpur, Wilayah Persekutuan, Malaysia. Any notice or demand delivered personally, by courier or by registered post shall be deemed to be given at the time of such delivery when it is delivered or left at the address specified above with receipt thereof acknowledged by Fooddit.
All legal notices or demands to you shall be deemed to have been sufficiently or effectively given or made or delivered when delivered personally or by courier, by post, by facsimile or sent via email to the last known correspondence, fax or email address provided by you to Fooddit. For the avoidance of doubt, any notice or demand sent by facsimile shall be deemed to have been given at the time of transmission.
To resolve a complaint regarding our service, you should first contact our customer service department by email at info@fooddit .com.If our customer service department is not able to resolve your complaint within 60 days from the date of the filing of your complaint, you may write to us officially on the matter at the address above. In the event we fail to respond to your complaint within 14 days from our receipt of your official complaint, you may file a complaint with the Tribunal For Consumer Complaints Of Malaysia as stipulated in the Consumer Protection Act 1999.
You hereby agree that all agreements, notices and other communications that Fooddit sends to you electronically satisfies the legal requirement for communication to be in writing.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Fooddit, and our respective past, present and future employees, officers, directors, contractors, consultants, equity-holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Fooddit Parties”), from and against all actual or alleged Fooddit Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to
(a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify Fooddit of any third party Claims and cooperate with the Fooddit Parties in defending such Claims. You further agree that the Fooddit Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Fooddit.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING EIGHT (8) MAJOR KNOWN ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Fooddit DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark,
manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us
15.Modifications to the Sites and Products
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability therefor.
16.Resolution Of Disputes And Legal Claims
Subject to the provisions of Section 12 above, in the event of any dispute between Fooddit and you arising out of or in connection with your use of the Sites, the parties shall promptly and in good faith, endeavour to resolve any such dispute. If parties are unable to resolve the dispute within thirty (30) days, then either party may submit the dispute to mediation. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of Fooddit to seek recourse in the courts of law, including commencing a legal action. If parties are unable to resolve the dispute and agree on a settlement via mediation, the parties may then elect to pursue the matter in court or via arbitration and shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. In the event the parties elect arbitration, the arbitration shall be conducted at the Kuala Lumpur Regional Centre For Arbitration (“KLRCA”) and shall be in accordance with the KLRCA Arbitration Rules and the Arbitration Act 2005, where applicable. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to Fooddit’s site and/or the services (including your use of the Fooddit site and/or the services) be instituted more than 6 years after the cause of action arises.
17.Governing Law and Venue
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid, illegal or unenforceable in any respect under any law, the same shall be deemed to be deleted from these Terms and shall be of no force and effect and will in no way, affect the validity, legality and enforceability of any remaining part of such term, clause or provision, or any other term, clause or provision of these Terms.
The provisions of these Terms shall survive the expiration or termination of these Terms or the termination of your Fooddit account.
These Terms constitute the entire agreement between you and Fooddit relating to your access to and use of the Sites and your Order, receipt and use of Products and save as otherwise expressly provide, no agreement whether oral or otherwise or any modification, variation or amendment to these Terms shall be valid and effective unless made in writing. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Fooddit. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Fooddit’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties hereto and are not intended to confer third party beneficiary rights upon any other person or entity.