Terms And Conditions | FOOD MAP

Last Updated: 3rd April 2020

TERMS OF USE 

These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by FOOD MAP (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms.

The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein. 

Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately. 

FOOD MAP reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.

1 FOOD MAP

1.1 Who we are 

Depending on which Platform you access and use, these Terms form the contract between you and the following FOOD MAP entity:

  1. FOOD MAP Malaysia (www.foodmap.com.my)

1.2 What we do

Through our Platforms, FOOD MAP links you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods from our Vendors (“Order”), FOOD MAP acts as an agent on behalf of that Vendor to facilitate, process and conclude the order and subsequently for either us or the Vendor to deliver your Order to you. Vendors may be owned and operated by third party vendors, our affiliate companies, or us.

1.3 How to contact us

For customer support, you may reach out to us via email: support@foodmap.com.my or through our customer helpline: +60197201168 

2 Use of the Platforms and FOOD MAP Account

2.1 You will need to register for a FOOD MAP account for you to use the Platform. When you register for a FOOD MAP account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your FOOD MAP account are your sole responsibility. 

2.2 FOOD MAP shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.

2.3 If you wish to delete your FOOD MAP account, please send us an email requesting the same. We may restrict, suspend or terminate your FOOD MAP account and/or use of the Platforms, if we reasonably believe that: 

2.3.1 someone other than you is using your FOOD MAP account; or 

2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.

3 Restrictions

3.1 Activities Prohibited on the Platforms

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. FOOD MAP reserves the right to investigate and take appropriate legal action against anyone who, in FOOD MAP's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

3.1.1 using the Platforms for any purpose in violation of local, state, or federal laws or regulations;

3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by FOOD MAP in its sole discretion or pursuant to local community standards;

3.1.4 posting content that constitutes cyber-bullying, as determined by FOOD MAP in its sole discretion;

3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;

3.1.6 posting telephone numbers, street addresses, or last names of any person;

3.1.7 posting URLs to external websites or any form of HTML or programming code;

3.1.8 posting anything that may be “spam,” as determined by FOOD MAP in its sole discretion;

3.1.9 impersonating another person when posting content;

3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;

3.1.12 harassing, threatening, stalking, or abusing any person on the Platforms;

3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of foodpanda, exposes foodpanda or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

3.1.14 encouraging other people to engage in any prohibited activities as described herein. 

3.2 FOOD MAP reserves the right but is not obligated to do any or all of the following:

3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;

3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

3.2.3 suspend or terminate a user’s access to the Platforms or their FOOD MAP Account upon any breach of these Terms;

3.2.4 monitor, edit, or disclose any content on the Platforms; and

3.2.5 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.

4 Intellectual Property 

All intellectual property rights in connection with the Platforms (including but not limited to, the recipe, design, layout, look, text, appearance and graphics) are owned by us and must not be reproduced without our prior written consent. You may for your own personal use, to print and download the materials or bookmark or share links directing others to the content on the Platforms, provided that you do not modify, reproduce or republish any content either online or offline, without our consent.

5 Ordering

You may order meals, drinks or such other products available at the Platforms, and we will do our utmost best to make deliveries to your home or office. You shall review your order carefully before placing it, we shall not be held responsible for any failure to do so or changes after the order is made to the time, delivery address or items.

We may however, in our sole discretion, choose to not process or to cancel your orders in certain circumstances. This may occur, for example, when the meals or products you wish to order is no longer available, out of coverage for delivery, or in other unforeseen circumstances such as operational outages. We will not charge you in these cases or refund the charges for orders that we do not process or cancel.

6 Prices and Payments

All prices are in Malaysian Ringgit (MYR), unless otherwise stated. The prices are correct as shown on the Patforms, and are inclusive of applicable tax and delivery charges unless the delivery address is not within the delivery area or minimum order/basket size requirement shall apply. We reserve the right to review the prices from time to time. Payment can be made online (via FPX bank transfer, iPay88: Touch 'n Go eWallet, Boost, Graypay, debit or credit card payment).

We may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at our discretion of the Partner Restaurants. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket. 

Orders are considered final as soon as they are paid and modification/cancellation is generally not permitted. We are not liable or responsible for the time of an outside delays in outside payment gateway to charge or refund you or if your bank account/credit card has been used in a fraudulent manner.

7 Refund Policy

7.1 Once an order has been placed and the vendor has accepted the order, no cancellation of order is allowed.

7.2 In the event that the vendor is unable to deliver the order, kindly email us at: support@foodmap.com.my and provide receipt for refund purposes.

7.2.1 All refund requests should be made within seven (7) working days from the date of the order.

7.2.2 Refund request must be submitted by owner of the account.

7.2.3 Any submission of refund request on behalf of the account owner will not be entertained.

7.2.4 FOOD MAP reserves the right to reject any refund request without receipt or any requests that are submitted after seven (7) working days from the date of the order.

7.3 FOOD MAP reserves the right to suspend / terminate your account if we suspect that there is any abuse or fraudulent behavior associated with your account usage.

8 Delivery, Pick-Up and Vendor Delivery 

8.1 Delivery Areas

You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure. 

8.2 Delivery Time

8.2.1 FOOD MAP shall deliver your Order to the delivery address provided by You. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘Orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. 

8.3 Unsuccessful or Failed Deliveries 

8.3.1 In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

(i) no one was present or available to receive the Order; or 

(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or

(iii) lack of appropriate or sufficient access to deliver the Order successfully; 

(iv) lack of a suitable or secure location to leave the Order; or

(v) in the case of Restricted Goods, customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.

8.3.2 No-show Cancellations 

If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, FOOD MAP reserves the right to cancel the Order without refund or remedy to you. 

8.4 Wrong Order, Missing Items, Defective Goods 

Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 1.3 above immediately. In some cases, FOOD MAP may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

8.5 Order Pick-Up 

8.5.1 Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises ("Pick-Up") instead of having the Order delivered to You. Your email confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time. 

8.5.2 In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Vendor’s premises.

8.6 Vendor Delivery

In some cases, our Vendors will deliver the Order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in the event of issues or delays in your delivery. foodpanda shall not be responsible in any way for Orders or Goods that are delivered by Vendors. 

9 Vouchers, Discounts and Promotions

9.1 From time to time, FOOD MAP may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. 

9.3 Unless otherwise stated, Vouchers can only be used on our Platforms. 

9.4 Vouchers cannot be exchanged for cash.

9.5 FOOD MAP reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply

9.6 We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you. 

10 Liability 

By using or ordering via the Platforms, you acknowledge and agree that the use of the Platforms is at your own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use the Platforms, or any application or material on any site linked to this Platforms (including but not limited to any viruses, bugs or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of the Platforms by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.

We disclaim any and all liability to you for the supply of the delivery and products to the fullest extent permissible under applicable laws unless the loss or damage is due to our willful misconduct, or gross negligence. This however shall not affect your statutory rights as a consumer under applicable laws. In the event that we are found liable for any loss or damage, such liability is limited to the amount that you have paid for the relevant products. We shall not be liable for any consequential, indirect or special damage, howsoever arising.

In the event of reasonable belief that there exists an abuse of promotional event and/or suspects instances of fraud, we may cause the suspected user to be blocked immediately and reserves the right to refuse future services. Additionally, should there exist an abuse of vouchers or discount codes, we reserves the right to seek compensation or damages from any and all violators. Any promotions or offers are subject to our sole discretion and may be withdrawn at any time and without prior notice.

The Platforms may include content, information or links to third parties or third party sites. We shall not be held responsible for the content of any such sites or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at your own risk and we make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Platforms. You agree to hold harmless and relieve us from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of the Website or the App, or as a result of violation of this Terms and Conditions by you or through use of your account.

11 Data Privacy

We process your personal data in accordance with our Privacy Policy which can be found at our Privacy Policy page.

12 Indemnity 

You agree to indemnify, defend, hold harmless FOOD MAP, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms. 

13 Third Party Links and Websites

The Platforms may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. foodpanda does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. FOOD MAP accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.

14 Termination of Account

FOOD MAP has the right to terminate or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if FOOD MAP, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. FOOD MAP may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.

15 Variation of Terms and Conditions 

We reserve the right at our sole discretion to vary, modify and make changes to these Terms and Conditions from time to time, and any such variations shall become effective once posted on the Platforms. You agree that the continued use of the Platforms indicates your acceptance of the modified Terms and Conditions.

16. Law and Jurisdiction 

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

17. Contact Us

If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email or via customer helpline.