TERMS AND CONDITIONS
IMPORTANT – READ CAREFULLY. YOUR USE OF THE APP DOWNLOADABLE TO YOUR APP-ENABLED MOBILE DEVICE (THE “FOODMEOUT APP”) IS CONDITIONED UPON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF, THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT BUTTON OR SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED BY FOODMEOUT TO SHOW THESE TERMS AND/OR TO INSTALL THE FOODMEOUT MOBILE APP, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE THE FOODMEOUT MOBILE APP AND THE ASSOCIATED FOODMEOUT.COM SERVICES UNLESS AND UNTIL YOU ACCEPT THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT FOODMEOUT MAY CREATE AND MAKE AVAILABLE ON ITS WEBSITE FROM TIME TO TIME.
This is a legal agreement between you (“You”) and FoodMeOut.com, stating the terms and conditions that govern your use of the FoodMeOut.com website/mobile app (referred to in this agreement as the "Licensed Application"). FoodMeOut.com offers food take-away service in just a few simple steps using this Licensed Application.
1. OUR SERVICES
FoodMeOut.com is an online ordering and reservation website which also offers business opportunity for everyone who is interested to start up an online food business with a minimal cost. All of the participating restaurant owners need to deliver their orders to the customers by themselves or third parties delivery team. User must have all equipment necessary for their own Internet connection, computer or modem; provide for Internet access, and pay any fees related with such connection. FoodMeOut.com is not liable for any incorrect, spoiled, or not well cooked orders. The responsibility is held by the restaurants where the food is prepared
FoodMeOut.com is not responsible for the preparation or handling of the food!
1.1.1. Any Goods or Services supplied by the Restaurant from this Website is between you and the Restaurant. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
1.1.2. Once you have selected the Products you wish to order from the menu of your chosen Restaurant and submit your order by clicking “Checkout” or similar button. Once you do so, we will start processing your Order and errors cannot be corrected.
1.1.3.Once you have submitted your Order, your payment has been authorized, you will not entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraph 1.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact the Restaurant in order to communicate your requests. However, there is no guarantee that the Restaurant will agree to your request as they may have already started processing your Order.
1.1.4.Where any payment you make is not authorized, your Order will not be processed or communicated to the relevant Restaurant.
1.1.5.On receipt of your Order, we will begin processing it by sending it to the relevant Restaurant and will notify you by email or SMS that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Restaurant. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if the Restaurant rejects your Order. However, Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
1.1.6.Estimated times for deliveries are provided by the Restaurant and are only estimates. Neither we nor the Restaurant guarantee that Orders will be delivered or will be available for collection within the estimated times.
1.2.1 FoodMeOut reserves its rights to apply a gratuity charge on fee on all delivered orders and accepted orders. Minimum delivery charge is in accordance with the distance and the millage related to the address where the order is delivered which is decided by the Restaurant.
1.2.2 All delivery prices and zoning are subject to change. Food delivery time is subject to change based on the size of your order and the amount of time it takes to complete your online order.
1.2.3 When using our services to order and receive food delivery, you are receiving the services of a self-employed or independent contractor delivery driver.
1.2.4 In case of a late delivery, the delivery charge will neither be voided nor refunded by the Restaurant. Neither FOODMEOUT.COM nor the Restaurant shall be held liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. All risk in the Food Delivery shall pass to you upon delivery.
1.3) Price and Payment
1.3.1All of the products prices include delivery costs and processing fee (if you opt for delivery instead of collection) and any online payment processing charge imposed by the Restaurant (if you pay for your Order online). These will be added to the total amount due where applicable.
1.3.2This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither FOODMEOUT.COM nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
1.3.3Payment for Orders must be made by an accepted credit or debit card through the Website. You must pay for your order before it is delivered. To ensure that 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.
1.3.4FOODMEOUT.COM does not take any responsibility to any Orders which are bypass our website.
1.3.5All prices listed on the Website are correct at the time of publication; however, the listed prices are updated and may change from time-to-time by the Restaurant. FOODMEOUT.COM also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing the Restaurants or Goods or Services once we found out any in violation of the regulations.
1.3.6FOODMEOUT.COM gives great care to keep all the Restaurants to update their prices from time-to-time. In the case that the price listed is not current, we will contact you to inform you about the price difference and you can choose to opt-out of either to proceed on or cancel the order.
1.3.7A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by FOODMEOUT.COM, and you pay for any balance by credit or debit card.
1.4.1 FOODMEOUT.COM takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Restaurant immediately by giving your phone number and order number. But, if you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact FOODMEOUT.COM and we will try to assist you.
1.4.2 You must notify the participating restaurant immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee applies.
1.4.3 If the Restaurant delivers the items which are not according to what you have ordered, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item.
1.4.4 If the Restaurant can only do a partial delivery but without inform you before delivery, you have the right to refuse a partial order before delivery and get a refund. FOODMEOUT.COM is not responsible for wrong or partial delivery. The issue has to be settled directly with You and the Restaurant.
1.4.5 If your Order is subsequently rejected or cancelled for any other reason by the Restaurant, FOODMEOUT.COM will refund your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
2. DISCLAIMER OF WARRANTIES.
The web site is provided by FoodMeOut on an “as available” and on an “as is” basis. FoodMeOut.com shall not be liable for any interruptions in the use of its web site. FoodMeOut.com makes no representations or warranties of any kind, implied or express, regarding the use or the results of this web site in terms of its reliability, correctness, accuracy, or otherwise. FoodMeOut disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and non-infringement, and fitness for a particular purpose.
3. MODIFICATIONS AND INTERRUPTION TO SERVICE
FoodMeOut.com shall not be liable to User or any third party should it exercise its right to discontinue or modify the Service. User accepts that FoodMeOut.com does not guarantee uninterrupted, continuous or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
User agrees to indemnify and hold FoodMeOut.com its parents, subsidiaries, affiliates, officers and independent contractors, harmless from any demand or claim, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
5. DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION
Product specifications and other information have been provided by the Vendors (Restaurant owners) or collected from publicly available sources. While FoodMeOut.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the a reliability or accuracy of any information provided on www.foodmeout.com.
FoodMeOut.com makes no warranties or representations whatsoever with regard to any product offered or provided by any Vendor (Restaurant's owner), and you acknowledge that any reliance on representations and warranties provided by any Vendor (Restaurant's owner) shall be at your own risk.
6. THIRD-PARTY WEB SITES
FoodMeOut.com may include links to other web sites on the Internet that are owned and operated by online merchants and other third parties. You shell contact the site webmaster or administrator or for those third-party sites if you have any concerns regarding such links or the content located on such sites. You acknowledge that we are not responsible for the availability, or the content located on or through, any third-party web site. We encourage all Users to review the privacy policies of third-parties’ sites prior using them. Your use of those third-party sites is subject to the terms of conditions and privacy policies of each site, and we are not responsible.
7. COMPLIANCE WITH LAWS
User shall not use the Service in any way that violates applicable to local or international laws, regulations or other government requirements. Users are responsible for compliance and assume all knowledge of applicable law and with any such laws. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local or international law or regulation.
8. TRADEMARK AND COPYRIGHT INFORMATION
All content included or available on this site, including text, site design, graphics, interfaces, pictures and the selection and arrangements is owned by FoodMeOut.com. Any use of materials on the website, including reproduction for purposes other than those noted above, distribution, modification, or replication, any form of data mining or data extraction or other commercial exploitation of any kind, without prior written permission of an authorized officer of FoodMeOut.com is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of FoodMeOutcom
All other trademarks displayed on www.foodmeout.com.my are the trademarks of their respective owners, and constitute neither a recommendation nor an endorsement of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors have or endorse any affiliation with FoodMeOut
9.LICENSED APPLICATION USAGE
9.1 The Licensed Application is licensed, not sold, to You for use only under the terms of this license, unless a FoodMeOut.com product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. FoodMeOut.com reserves all rights not expressly granted to You. As part of the FoodMeOut Terms and Conditions, this agreement is subject to occasional amendment, in accordance with the amendment terms of the Terms and Conditions.
9.2 Scope of License: This license granted to You for the Licensed Application by FoodMeOut.com is limited to a non-transferable license to use the licensed application on any supported version for the mobile device that You own or control. This license does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of FoodMeOut.com and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by FoodMeOut that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
9.3 Consent to Use of Data: You agree that FoodMeOut.com may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. FoodMeOut.com may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
9.4 Termination. The license is effective until terminated by You or FoodMeOut.com. Your rights under this license will terminate automatically without notice from the FoodMeOut.com if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
9.6 You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that FoodMeOut shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
9.7 Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that FoodMeOut.com is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. FoodMeOut.com does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither FoodMeOut.com, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of any information or location data displayed by any Services.
9.8 You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that FoodMeOut.com is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
9.9 In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. FoodMeOut.com makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. FoodMeOut.com, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will FoodMeOut.com be liable for the removal of or disabling of access to any such Services. FoodMeOut.com may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
9.10. You may not use or otherwise export or re-export the Licensed Application except as authorized by Malaysia law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any Malaysia embargoed countries. By using the Licensed Application, you represent and warrant that you are not located in any such country. You also agree that you will not use these products for any purposes prohibited by Malaysia law. The laws of Malaysia excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
“FOODMEOUT.COM” and FOODMEOUT.COM’s various logos used or displayed on the Service are trademarks of FoodMeOut.com and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the FoodMeOut.com products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings. Logos, brands, names and other information showed on this site from other companies and websites is for demonstration purposes only and does not involve FoodMeOut.com with any of them directly or indirectly. Any other brand or business mentioned. FoodMeOut.com will always remove any information or content on foodmeout.com from any other sites or businesses as per request in less than 5 working days. To consider as a valid request an email must be sent to sales@FoodMeOut.com.
11. OTHER TERMS