TERMS AND CONDITIONS
By signing up, logging in, accessing, subscribing and/or using (or any other word or phrase which has the similar literal or purposive meaning as to the word being used herein) Good Foodie Media Sdn Bhd [201801026102 (1288123-V)], Foodie+ and/or its respective subsidiaries, affiliates, associated companies, jointly controlled entities, partners, associates, merchants, agents, service providers, suppliers, vendors, business partners (or any other word or phrase which has the similar literal or purposive meaning as to the word being used herein) (“we, our, or us”) website, any of our social media accounts or platforms, and the Foodie+ Mobile Application (collectively referred to as “Platform”), you unconditionally acknowledge that you have read and fully understood these Terms and Conditions and unqualifiedly agree to be bound by these Terms and Conditions. We hereby expressly reserve the right to change these Terms and Conditions at any time at our sole and absolute discretion. If there are any amendments, such amendments shall be effective once they are posted on any of the Platform. It is your responsibility to review the Terms and Conditions regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments. In the case of any violation of these Terms and Conditions, we reserve the right to seek all remedies available by law and in equity for such violations.
Collecting And Using The Personal Information
- For us to complete our transactions with you, to deal with your inquiries, open and operate an account/facility for you, generally provide you with our products and services, and to carry out other purposes required to operate and maintain our business with you, we need to collect and process personal information or data about you, including information relating to your name, identification details, location, delivery address, email address, telephone number, bank account details, credit/debit card details and/or suitability for any of our products/services as applied for (‘Personal Information’). Some of the Personal Information that we collect may be sensitive in nature. The list of Personal Information stated herein is not exhaustive and may include other personal information depending on the nature of the services or transactions.
- We may obtain this information from yourself and from a variety of sources, including from third parties connected with you (e.g. credit reporting or credit reference agencies, principal/supplemental subscription account holders, etc), and from such other sources to which you have given your consent to disclose your personal information.
- Should we have access to or receive any information which does not fall within the definition of the Personal Information stated herein, it shall be considered and treated as the Personal Information as well.
- Our use of the Personal Information may be for one or more of the following non-exhaustive list of circumstances or for one or more of the following non-exhaustive list of purposes (collectively referred to as “Purposes”), and you hereby consent to the processing by us of your Personal Information:
- to create, administer and update your account;
- for the disclosure, transfer, sharing and/or retrieval (or any other word or phrase which has the similar literal or purposive meaning as to the word being used herein) with our merchants, strategic partners and/or service providers (or any other word or phrase which has the similar literal or purposive meaning as to the word being used herein);
- to ensure the constant and practical operation, maintenance and/or configuration of the Platform;
- to ensure an effective communication between you, our merchants, strategic partners and/or service providers and/or with us;
- to resolve customer support issues;
- to notify you the promotions, advertisements, products, services or special offers;
- to notify you about important changes or developments to the features or any of our Platform;
- to process your payment transactions and for other operational and administrative purposes;
- to improve and customize the quality of experience when you interact with the Platform;
- to keep and retrieve all payments and/or transactions made by you;
- for your personalisation experience in the Platform;
- to facilitate the Platform;
- for our day to day operations and administrative purposes including account management, billing and collection, audits, reporting and investigations;
- for the purposes of enforcing or defending our legal rights and/or obtaining legal advice, for the protection of our rights or property, our business partners, suppliers, clients, or others when we have reasonable grounds to believe that such rights or property have been or could be affected; and
- for all any other purpose in relation to or incidental to the above or not specifically mentioned herein.
- At any time you may opt-out of receiving marketing communications from us by contacting us and we will ensure that your name is removed from our mailing list. You may also choose to disable the ‘pop-up’ notification, newsletters and any other marketing or advertising materials by contacting us.
Disclosure Of Your Personal Information
As part of providing you with our products and services, we may need to disclose information about you and/or your accounts and/or facilities with us to third parties such as our merchants, agents, affiliates, service providers, suppliers, vendors, business partners, where necessary, and subject at all times to any laws (including regulations, guidelines and/or obligations) applicable to us.
Your Rights To Access And Correct Your Personal Information
We can assist you to access and correct your Personal Information held by us. Where you wish to have access to or where you wish to correct any of your Personal Information (including Personal Information of such persons related to you or those which are identified from your Personal Information), you may make a request by giving notice to us.
Retention Or Deletion Of The Personal Information
- You shall also not disclose to anyone other than to us the password or any of the Personal Information which you have provided to us. We shall not be held liable or responsible for any loss or damage resulted therefrom.
- In the event that Your Personal Information is, at our sole discretion and opinion, no longer necessary, or we no longer have a legal or business purpose for retaining the Personal Information, we will take steps to delete or destroy your Personal Information.
- For avoidance of doubt, if you cease to use, access and/or accept our services or any of our Platform, upon your written instruction and formal notice, we shall then take steps to delete or destroy your Personal Information. In this event, you shall also cease to enjoy all the benefits and privileges rendered by us.
Security and Confidentiality of The Personal Information
We will safeguard, according to strict standards of security and confidentiality, any Personal Information provided or shared with us. However, we are unable to guarantee the absolute security of the Personal Information given that no method of transmission over the Internet, or method of electronic storage, is absolutely and One Hundred Percent (100%) secure. We shall use reasonable efforts to protect your Personal Information and we will limit the collection and use of your Personal Information to the minimum as may be required. The password which you are to or which you have registered with us for the purpose of creating an account in any of the Platform will be encrypted. Furthermore, only those employee(s), agent(s) and/or personnel(s) duly authorised by us shall have access to the Personal Information. Whenever we hire other organizations to provide support services, we will require them to conform to these Terms and Conditions as well as the applicable law.
- Intellectual Property Rights
You acknowledge and agree that all the materials, contents, photographs, features, designs, audio-clips, video-clips, graphics, editorial contents, articles, writings, software, current and future copyrights, trademarks, patents, trade secrets, logos, know-how, domain names, arks and devices shall remain vested in us. No reproduction, modification or for any other purpose is allowed without our written permission. All of our rights are expressly reserved.
- We expressly reserve our right to impose any subscription fees or charges (“Charges”) in any of the Platform, if such Charges are required by us. Any of the Charges are to be immediately due to us and are non-refundable at all times.
- The amount of the Charges is to be determined solely by us from time to time.
- If any of the Charges are subject to any of the taxes which are currently imposed and which are to be imposed in the future, you shall pay for the tax(es) and we shall not in any way be liable to pay. We reserve the right to levy the applicable tax at the prescribed rate.
- In the event that if we reasonably believe or suspect that any of the transactions made by you may be unlawful, illegal, fraudulent and/or in breach of these Terms and Conditions, we reserve the right to suspend, withhold and/or cancel the transaction(s) and you agree not to hold us liable for the withholding of, forfeiture or cancellation of any of the payment(s).
- For avoidance of doubt, we reserve our right to approve, reject, cancel and/or withhold any transaction, payment and/or money.
- We shall not be liable for any fees or charges imposed or raised by third parties. You shall be solely liable and responsible for such payments to the third parties.
- You shall not hold us liable for any error, delay and/or neglect in the payments to or by the merchants, strategic partners and/or service providers and etc.
- REGISTRATION AND USAGE OF ACCOUNT AT OUR PLATFORM
You agree to only register and be entitled to have only one (1) account at all the Platform. We reserve the absolute right to approve, terminate and/or reactivate any account.
- YOUR REASONABLE DUTY
Your conduct, behaviour and/or acts shall be reasonable. You shall not do anything which a reasonable man would not do.
- THIRD PARTY WEBSITES AND SERVICES
- You may be able to connect with third party services at the Platform. You agree that we have no control over, do not review, and cannot be held liable for, these external websites or their content.
- We strongly recommend you to be careful when entering the third party websites or using third party services.
- Exclusion of Liability
- We hereby expressly exclude any liability which may from the use, access, administration and/or management of all of the Platform. You also agree not to hold us liable for any special, indirect or consequential damages or any damages whatsoever.
- We make no representations, conditions and/or warranties of any kind (be it express or implied) as to the accuracy, security, accessibility and/or uninterrupted use (or any other word or phrase which has the similar literal or purposive meaning as to the word being used herein) of all of the Platform.
- You can at any time choose to discontinue using or accessing the Platform in the event that you are not satisfied with the Platform. There is no coercion, undue unfluence, misrepresentation, deceit and whatsoever by you signing up, logging in, accessing, subscribing and/or using (or any other word or phrase which has the similar literal or purposive meaning as to the word being used herein) the Platform.
- We shall not be liable to you and/or to any other third party(ies) for any costs, losses or damages whatsoever for any unreasonable usage, condition and/or status of the Platform and/or for any reasonably unforeseeable circumstances. You shall also not hold us liable for the disputes, internal dealings and/or issues (or any other word or phrase which has the similar literal or purposive meaning as to the word being used herein) on part of the merchants, strategic partners and/or service providers and etc.
- You agree to save harmless and keep indemnified us all actions, proceedings, losses, claims, demands, expenses and costs in respect of or arising from your use or access to the Platform whatsoever.
- You shall fully indemnify, defend and hold us, our officers, directors, employees, agents and servants harmless against all damages, losses, expenses and costs which we may have suffered or incurred, whether directly or indirectly, in connection with or as a result of your breach of any of the provisions under these Terms and Conditions.
- At your sole expense, you shall provide us the full authority to defend, or full authority to do whatever that is in our sole and absolute opinion, necessary and reasonable.
- This Indemnity shall be binding on your heirs, executors, administrator or assigns.
- HEADING FOR CONVENIENCE ONLY
The headings in these Terms and Conditions are for convenience only and shall not affect its interpretation.
Every notice to us, whenever it’s necessary as per these Terms and Conditions and whenever it’s reasonably expected of you to do so by us, shall be in writing. Proof of delivery of the written notice must be provided by you if we deem it necessary.
We shall be entitled at any time without your consent assign the whole or any part of our rights or obligations with or without notice to you. However, you shall not assign the same to any other third party without our prior written consent.
- GENERAL DISCLAIMER
- The Platform as a whole is provided on an ‘as is’ and ‘as available’ basis.
- All content which is available on the Platform are strictly meant for your information and reference only. Unless expressly provided, there is no intention whatsoever from us to form a partnership, business, agency and commercial purposes with any party.
- We also do not warrant that the Platform will meet your requirements.
- Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of Malaysia.
In the event that any provision of these Terms and Conditions is declared by any judicial or other competent authority to be void, avoidable, illegal or otherwise unenforceable, such provision shall be deemed to be deleted from these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
In the event of any inconsistencies between these Terms and Conditions and its translation in any other language, the English language version of these Terms and Conditions shall supersede and prevail over any other language.