Thanks for the interest and welcome to Foodpurby.in website (the “Site”), please read the terms and conditions (“Terms and Conditions”) apply to the Site, OCTOPUS TECHNOLOGY SDN BHD (1199125-M), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. By using and receiving any services from our company (herein, “The company” or “we” or “our” or “us”, users (herein, “you” or “your” or “yours”) agree with these terms and conditions (herein, “Terms”) that are set out below. Octopus Technology Sdn Bhd, a company incorporated in Malaysia under registration number 1199125-M and having its registered address at D-05-03, Block D, Sunway Nexis Soho, 1, Jalan PJU 5/1, Kota Damansara, 47810 Petaling Jaya, Selangor, Malaysia.
USE OF THE SITE
The Terms and Conditions herein are only applicable to the use of this website and replace any other, except with the prior express consent in writing from the Merchant. These Terms are important as it has been designed to create a legally binding agreement between both parties, protecting your rights as customers and ours as a company. By placing this order, you as a user’s are stating that you have read and accepted the Terms and Conditions herein with no reservation.
You as a user accept that:
You may only use the website in order to make legally valid orders or queries.
You will not make any speculative, false and fraudulent order. In the event that we have reasonable grounds to believe that any order of this type has been made, we will be authorized to cancel it and inform the relevant authorities.
If you do not provide us with all the information that we require, we will be unable to process your order.
By placing an order on this website, you are declaring that you are over 12 years of age and that you have the legal capacity to enter into this binding contract.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that submits, in connection with such review, comment, or other content. You shall not use a false e-mails address, pretend to be someone other than you or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
Please take note that there are cases when an order cannot be processed for various reasons and the Site reserves the right to refuse or cancel any order for any reason at any given time. The user may be asked to provide additional verifications or information, including but not limited to phone number and address before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account changed.
All prices that listed on the Site are correct at the time of publication; however, we reserve the right to alter the pricing in the future. Prices are inclusive of the relevant sales tax, goods, and services tax (GST) and delivery charges. We also reserve the right to alter the Goods or Services available for sale on the Site and to stop listing restaurants, Goods or Services.
All prices listed on the Site for Food Delivery by the Participating Restaurant or a delivery partner listed on the Site reflect the price the Participating Restaurant or third party provider charges at the time of listing. We will give great care to keep them up to date. In case if the price listed is not current and the restaurant informs us immediately after placing the order, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
If you choose online payment, you must pay for your order before it is delivered. To ensure that the shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
The approximate delivery time for any order is a guideline only and is provided by the company solely for your convenience. We will, at our capability to deliver the order to the designated address and you are solely responsible for verifying the accuracy of delivery address. We will not responsible for any late delivery due to the incorrect information or instructions provided by you. All risk in the Goods and the Food Delivery shall pass to you upon delivery. Although we will try our best to deliver your food orders within the indicated time frame, but to help ensure the safety of our Foodpurby riders, affiliate riders, delivery times may be affected due to bad weather, traffic conditions and/or any other unforeseeable technical issues.
Cancellations are generally not accepted after an order has been placed but you are welcome to communicate with our team, preferably by phone, and quote your order number. We will try to arrange a cancellation. However, we cannot provide any guarantees as the restaurant may have already started with the cooking processes.
One exception to the general cancellation policy is for orders placed in advance. If you place an order in advance, i.e. from a restaurant that has not opened yet or for a later time on the same evening, you will be granted a cancellation provided that we have been notified of this well in advance. If the cancellation was made in time and we have accepted the cancellation, we will refund or re-credit the full amount which you had paid.
We have the right to cancel an order in the following circumstance:
In the event of the designated address following outside the delivery zone offered by us.
Failure to contact you by phone or SMS at the time of confirming the order booking.
Failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery.
Product availability and/or delivery capacity are not available for any reason.
If you have any problems or inquiry with your order, please contact us immediately. For example: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of the order is missing, we may issue a partial refund. In these cases of refunds, we will refund or re-credit the full amount which you had paid within fourteen (14) workings days.
COLLECTION OF PERSONAL INFORMATION
Foodpurby does not sell, share or trade customer’s personal information collected online with third parties. Personal information collected online will be only be disclosed within our corporate group and to third parties for the purposes for which it was collected, as authorized and consented by you.
Disclosure to these data processing agents such as that of our appointed agent in this context is necessary for the purpose of conducting the sales transaction that you have opted for.
The non-mandatory personal information such as date of birth and gender are used to carry out research on our users ‘demographics and for us to send you any suggestion or information in the form of promotional emails enhancing your experience when you visit our website. By providing us this non-mandatory personal information, you are deemed to have consented to be part of our research and to receiving suggestion or information as outlined above.
Subscription to our marketing and promotional materials
In addition to the personal information outlined above, when you register a Foodpurby account with us, you shall be asked if you would like to subscribe to our marketing and or promotional materials from time to time. These marketing and or promotional materials may come from within our corporate group wholly or through affiliation with third parties. If you choose to subscribe, you are deemed to have consented to us processing within our corporate group and or third parties your personal information for this purpose. You can always choose to unsubscribe marketing information at any time by opting for the unsubscribe function within the electronic marketing material.
Accessing Actual Orders
Your actual order details may be stored with us but for security reasons, cannot be retrieved directly by us. However, you may access this information by logging into your account on the website. Here, you can view the details of your orders that have been completed, those which are open and those which are to be delivered as well as administer your address details, bank details and any newsletter to which you may have subscribed. You undertake to treat the personal access data confidently and not make it available to unauthorized third parties. We cannot assume any liability for any misuse of passwords unless this misuse is through our own fault.
We will strive to prevent any interruptions to the service and be a good administrator of your data. The services are provided “as is” and “as available” basis. TabaoGO disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Foodpurby does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or food requested in connection therewith, remains solely with you, to the maximum extent permitted by applicable law.
LIMITATIONS OF LIABILITY
Under no circumstances – including, without limitation, negligence – shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify, defend and hold Foodpurby and its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorney’s fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnify obligations.
These Terms and your use of the Services will be interpreted in accordance with Malaysia Laws.
These terms shall be governed by and construed in accordance with the Malaysia laws, without giving effect to its conflict of law provisions. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions of these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding between the parties with respect to its subject matter and replace and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” means “including, but not limited to”.
These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements, and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relate to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.