- TERMS OF SERVICE.
- GRUB CYCLE SDN BHD (Company No.:1202322-W) is an entity registered in Malaysia and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and/or licensors (“GC” or the “Company” or “We/Our/Us”) provides a platform known as “grubcycle.my” (“the Services”) which facilitate the sale and purchase of surplus food or other food items through the Services and/or any other purpose as provided by GC on our Services (“Purpose”), subject to the following Terms of Service (the “Terms”) stated herein.
- Please read the Terms set forth below, as they apply to your access and use of our Services and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.
- This Agreement contains three (3) parts which shall consist of :
- Section A contains general provisions which apply to all users of Services;
- Section B will be applicable if you use the Services as a customer and/or buyer.
- Section C will apply to you if you use the Services as a Seller.
SECTION A: GENERAL PROVISIONS
- INFORMATION ABOUT THE SERVICES
- GC provides an online marketplace which allows Users to advertise Food Items on its platform for the purpose of making a sale to other Users. The Services also allows Users to browse the Food Items to purchase.
- GC shall be entitled at its own discretion to suspend the Services for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Services, including but not limited to preventing you from using the Services available.
- GC reserves the right to make any changes to the Services including any functionalities and content therein or to discontinue any aspect of the same without any notice to you.
- GC relies on third party providers (such as network providers, data centres and telecommunication providers) to make the content therein and the Services available to you. Whilst GC takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that GC does not warrant that the Services shall be uninterrupted or fault-free at all times. GC therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services as a result of GC’s service providers.
- GC does not provide logistic or courier services and is not logistic provider, courier or vehicle operator to offer courier services which may be schedule through use of the Services. GC may offer information and a method to obtain such third party courier services, but does not and does not intends to provide courier services or act in any way as a courier, and has no responsibility or liability for any courier services.
- OTHER APPLICABLE TERMS
- CHANGES OF TERMS
GC may amend the Terms of Service or any other applicable terms from time to time at our sole discretion without notice or liability to you. By continuing to use the Services following such amendments, you agree to be bound by such amendments.
- CHANGES TO OUR SERVICES
- The Services that GC provide are always evolving and the form and nature of the Services that are provided may change from time to time without prior notice to you. In addition, GC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. GC also retain the right to create limits on use at our sole discretion at any time and without prior notice to you.
- GC make no representations, warranties or guarantees, whether express or implied, that the Services or any content on the site is accurate, complete, up-to-date or free from errors or omissions.
“Buyer” the User or intended User that purchases the Food Items from the Seller registered with GC. The right to purchase is granted to both Buyer and Seller.
“Browse” is the Services features that allows Users to search for promotional food products made by GC selected partners.
“Business Day” means any day during which the Services are normally provided by the Company, which excludes Saturdays, Sundays and any public holidays in Kuala Lumpur.
“Coupons” means any writing, image, clip, etc., containing a comprehensive details of the Food Items purchased by the Buyer.
“Food Items” means surplus food and/or discounted price food offered on our Services.
“User(s)” Members and Non-members who are granted the Services provided by the Company in accordance with this Agreement.
“Payment Provider(s)” means the third party entity that processes payments for and on behalf of the Buyer and the Seller and who is also authorised and permitted by GC,
“Payment Provider Fee” means any applicable transaction and/or accounting fees charged by Payment Provider(s), including but not limited to Credit or Debit Card payment processing fees, Foreign Currency exchange fee, applicable tax rate and/or any fee effective at material time.
“Services” means the services and platform in respect of offering web-hosting, websites, application buttons, widgets, notifications, mobile applications and/or matchmaking services;
“Seller” means a third party, which has agreed to co-operate with GV and who has registered the Food Items with GC for the purpose of selling using GC Services.
“we”, “us“, “our“, and “GC” are references to the Grub Cycle Sdn Bhd (Company No:1202322-W);
“Website” is a reference to our Website http://220.127.116.11/ or our mobile applications on which we offer our Services.
- You are not eligible to use the Services without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Services with the consent and supervision of your parent and/or legal guardian who is at least 18 years old, provided that your parent and/or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Services.
- You are not eligible to use the Services if you have previously been suspended from using the Services for any reason and GC have not explicitly authorized you to resume using the Services. GC reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability.
8.1 In order to browse items or complete a transaction as a Buyer or Seller within the Services, you must firstly complete the registration form and set up an account as a GC User.
8.2 All registered users are able to use the Services as a Buyer and are subject to Buyer Terms and Conditions and Seller Terms and Conditions. However GC recognized partners shall be subjected to the Seller Terms and Conditions stipulated in this agreement.
8.3 By registering your details and setting up an Account you consent that GC has the right to conduct verification and security procedures in respect of the information provided by you online.
8.4 You hereby warrant that the information provided by you to GC are true, accurate and correct. You further warrant that you shall promptly notify GC in the event of any changes to such information.
8.5 Notwithstanding the foregoing, GC reserves the right to:
8.5.1 accept or reject your application to register for any reason; and
8.5.2 suspend your account and/or refuse you access to the Services and/or if you breach any of the provisions hereunder.
8.5.3 No action or inaction on the part of GC to exercise its rights in accordance with 8.5.1 and/or 8.5.2 shall be taken as an acceptance of any actions or inactions on your part.
8.6 GC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GC, in the manner permitted by these Terms of Service
- YOUR ACCOUNT AND PASSWORD
- You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. GC cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
- We have the right to disable any password, whether chosen by you or allocated by GC, at any time, if in GC reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
- If you know or suspect that anyone other than you knows your password, you must promptly notify us at [insert email]
- USER OBLIGATIONS
- You agree that you are solely responsible and liable for all activities carried out by your use of the Services including for the content of any communication made through (if any) or about the Services.
- You shall not submit to appear and/or published on the Services through your use of the Services, any information, reviews, comments, images, third party URL links or other material whatsoever in any format or elsewhere on the Services that, in GC’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
- may promote racism, bigotry, hatred, homophobia or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene,
defamatory or libellous;
- promote any illegal activities;
- provide instructional information about illegal activities, including
violating someone else’s privacy or providing or creating
- promote or contain information that you know or believe to be
inaccurate, false or misleading;
- engage in or promote commercial activities and/or sales,
including but not limited to contests, sweepstakes, barter,
advertising and pyramid schemes; or
- infringe any rights of any third party.
- You further agree that at all times, you shall:
- not use your Login Details with the intent of impersonating
- not use the information presented through the Services or
provided to you by GC for any commercial purposes in the
absence of GC’s written approval and consent;
- comply with all instructions and policies from GC from time to time
in respect of the use of the Services;
- co-operate with any reasonable security or other checks or
requests for information made by GC from time to time; and
- use the information made available to you and through the
Services at your own risk.
- In the event that you have a dispute with any other User, you hereby release GC from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
- EXCLUSION OF WARRANTIES AND GC’S LIMITATION OF LIABILITY
- Please read this section carefully since it limits the liability of GC and its parents, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the Entities of GC). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section excludes or limits our liability for death or personal injury arising from our negligence or is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. GC do not accept any responsibility whatsoever in respect of such information.
- Your access to use of the Services is at your sole risk and is provided “as is,” “as available.” The Services are for your personal use only and the entities of GC make no representation or warranty of any kind, express or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose or non-infringement.
- You agree that for the use of the Services, GC shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
- consequential, indirect or special losses;
- medical claims;
- loss of profits, income or revenue;
- loss of savings or anticipated savings, interest or production
- loss of business or business benefits;
- loss of contracts;
- loss of opportunity or expectations;
- loss of goodwill and/or reputation;
- loss of marketing and/or public relations time and/or
- loss of data; or
- loss of management or office time
or any other losses howsoever arising and whether caused by breach of contract or otherwise, even if foreseeable.
- Nothing in these Terms excludes or limits GC’s liability for:
- death or personal injury caused directly by GC and its
- fraud or fraudulent misrepresentation by GC; or
- any other matter for which it would be illegal for GC to exclude or
attempt to exclude its liability.
- Commentary and other materials posted on the Services or
provided by GC are not intended to amount to advice on which
reliance should be placed. GC therefore disclaims all liability and
responsibility arising from any reliance placed on such materials
by any User of the Services, or by anyone who may be informed
of any of its contents. Further, responsibility for decisions taken
on the basis of information, suggestions and advice given to you
by GC shall remain solely with you.
- GC does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. GC therefore recommends that you take all safety precautions when contacting, socialising and engaging in social gatherings or meetings (if any), including without limitation with regard to the Sale and Purchase of Food Items, with other Users.
- In no event shall the aggregate liability of GC or its entities shall exceed one hundred Malaysian Ringgit (MYR100).
- Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at [Insert Email]. No such lack of response shall be deemed to constitute any acquiescence or waiver.
- INTELLECTUAL PROPERTY RIGHTS
- GC respects the intellectual property rights of others and expects users of the Services to do the same. GC will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to GC. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
- GC reserve the right to remove Content alleged to be infringed without prior notice, at GC’s sole discretion, and without liability to you. In appropriate circumstances, GC will also terminate a user’s account if the user is determined to be a repeat infringer. GC’s address for notice of alleged copyright infringement appearing on the Services is [Insert Email].
- All intellectual property rights subsisting in respect of the Services belong to GC or have been lawfully licensed to GC for use in connection with the Services. All rights under applicable laws are hereby reserved.
- You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or
incorporating into any other materials, any of the except for the
purposes of sharing content on social media such as Twitter,
Instagram, Facebook, etc.
- removing, modifying, altering or using any registered or
unregistered marks/logos/designs owned by GC or its licensors,
and doing anything which may be seen to take unfair advantage
of the reputation and goodwill of GC or could be considered an
infringement of any of the rights in the Intellectual Property Rights
owned by and/or licensed to GC.
- Provided that GC is unaware of any infringement of any third party intellectual property rights at the time you are a User, GC shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or GC.
- You agree that GC is free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to GC (Feedback) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
- LINKING TO US
- You may link to our Services provided you do so in a way that is fair and legal and does not damage GC reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
- GC reserve the right to remove or terminate any link, which we deem appropriate at GC’s sole discretion
- THIRD PARTY LINKS AND RESOURCES IN GC SITE
- The links from the Services may take you to other sites or services and you acknowledge and agree that GC has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.
- GC reserve the absolute discretion to remove any third party links and resources on the services.
- The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by GC on the Services are subject to change. In consideration for GC granting you access to and use of the Services, you agree that GC and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
- Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.
You agree to defend, indemnify and hold GC harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the Services. GC may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement, which may adversely affect GC rights or obligations shall be made without GC prior written approval. We reserve the right, at GC own expense and on notice to you, to assume exclusive defence and control of any claim or action.
The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
- SEVERAL USERS
If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several, and their rights are joint.
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- FORCE MAJEURE
- GC shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening,
omission or accident beyond GC’s reasonable control and
includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or
other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications
- the acts, decrees, legislation, regulations or restrictions of any
19.2 GC’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and GC shall have an extension of time for performance for the duration of that period. GC will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
- If GC fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by GC of any default shall not constitute a waiver of any subsequent default.
- No waiver by GC of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
- GC reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
- If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- These Terms and any document expressly referred to in them represent the entire agreement between you and GC in respect of your use of the Service and your use of the Services, and shall supersede any prior agreement, understanding or arrangement between you and GC, whether oral or in writing.
- You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Service, the internet or in negotiation between you and GC except as expressly set out in these Terms.
- GC may alter or amend its Terms by giving you reasonable notice. By continuing to use the Services after expiry of the notice period, or accepting the amended Terms (as GC may decide at its sole discretion), you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your access to the Services, you may do so by giving GC not less than 7 (seven) day’s written notice, (which may be by e-mail), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.
- COMPLAINTS AND TERMINATION
- If you wish to lodge a complaint in relation to our Services, you may do so by sending us details of your complaint by using the contact details as set out in the Services. GC will use its reasonable endeavours to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to resolve or rectify the subject matter of such complaints.
- GC may suspend or terminate your use of the Services if:
- any of GC’s third party communication network providers cease
to make their services available to GC for any reason;
- GC believes you or someone using your login details has failed
to comply with one or more of these Terms
- GC believes there has been fraudulent use, misuse or abuse of
- GC believes you have provided any false, inaccurate or
- On termination, your access to the Services shall cease and GC may delete your Profile.
- Notwithstanding clause 21.3 above and in all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
- GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by Malaysian law. You agree to submit to the exclusive jurisdiction of the Malaysian courts.
This agreement is drafted in the English language. If this agreement is translated into any other language, the English language version shall prevail.
SECTION B: BUYERS TERMS AND CONDITIONS
Upon registration as a User, and in consideration of your compliance with these terms and conditions, GC will provide you with the Buyer Services as described in this section B. You are a Buyer if you request and make arrangements to collect or receive Food Items through the Services.
- BUYER SERVICES
- Subject to clause 8 of Section A above, the Buyer Services will comprise of the following:
- the facility to create a Profile page and/or GC User;
- the ability to search for Food Items offered from Sellers who
have registered for the Services;
- access to any other features and functionality for the Buyer
Services provided by GC to Buyers from time to time.
- Any contract for the supply of Food Items from our Services is between you and the Seller; for the purchase of Coupons from our Services any contact is between you and GC. You agree to take particular care when providing us with your details and warrant that these details are accurate and true at the time of purchasing the Coupon.
- The Coupons purchased from our Services are intended for your use only and you warrant that any Food Items purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Food Items.
- Please note that some of the Food Items may be suitable for certain age ranges only. You should check that the product you are purchasing is suitable for the intended recipient and purpose.
- Any order that you place with us is subject to product availability and acceptance by us and the Seller. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. Once we have sent the confirmation email we will check availability of the Food Items.
- If the Food Items is available, the Seller will accept the contract and confirm it to GC. If the details of the order are correct, your purchased will be successful and you will receive a confirmation message.
- The confirmation message will specify the Collection location of the Seller’s restaurant and or warehouse. The Collection details will include the approximate collection time specified by the Seller.
- If the Food Items are not available, we will also let you know through our Services and/or via email.
- PRICES AND PAYMENT
- All prices listed on our Services are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax (if any). We also reserve the right to alter the Food Items available for sale on our Services.
- All prices listed on the Services for Food Items reflect the price the Seller or the third party provider charges at the time of listing. GC give great care to keep them up to date. In case 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.
- The total price for Food Items ordered, including delivery charges and other charges, will be displayed on the Services. Full payment must be made for all Services provided. Payment has to be by online payment, e.g. credit or debit card.
- The total price for Food Items ordered, from the Service may be processed by the Payment Provider as made available by GC from time to time. Thus you agree to adhere to the terms of our Services and to the Payment Providers’ Terms of Service and other agreements relating to their Service transactions. GC is not affiliated with any Payment Provider, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.
- These Terms shall not in any way supersede the terms of any other service provider for using their service, nor shall the terms of service of any other service provider supersede the terms of the Terms with respect to the Services.
- You acknowledge and agree that all transactions are subject to acceptance by both GC and the Sellers. The contract for fulfilment of a transaction is created between you and the Seller, which will only be formed once you have received such acceptance. GC is not responsible for either party’s performance under such a contract and GC makes no guarantee that the obligations of either party under the contract will be fulfilled.
- CANCELLATION AND REFUND
- You must notify the Seller immediately if you decide to cancel your order, preferably by phone, and quote your Coupon number. If the Seller accepts your cancellation, no cancellation fee applies. If the Seller refuses cancellation, e.g. because preparation of Food Items has been completed it may not be cancelled. We will not be able to refund any order, which has been already been prepared.
- We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;
- If the cancellation was made in time and once the Seller has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days. In the unlikely event that the Seller prepares a wrong item, you have the right to reject the wrong item and you shall be refunded in full by the Seller for the wrong item.
- No reimbursement of any fee or payment shall be allowed, unless the refund request was made due to technical fault/error, such as transaction duplicity, or any other circumstances GC at its sole discretion deems fit.
- ADDITIONAL OBLIGATIONS AS A BUYER
- As a Buyer, you are responsible for:
- ascertaining the identity of any Sellers;
- verifying the price of any Food Items which you acknowledge will
be determined at the Sellers’s sole discretion;
- ensuring you have sufficient information relating to any health &
safety risks, including ascertaining that the Seller is, where
- applicable, registered or licensed as appropriate with the relevant
This may include being registered or licensed as a food
- any review of Seller to be fair, honest and reasonable;
- verification of all information provided by the Seller in relation to
any food items provided, including the ingredients.
- In using the Buyer Services, you must:
- not provide information (including in your Profile) which you know
to be inaccurate, false, incomplete, untrue or is or may be deemed
to be a misrepresentation of the facts;
- immediately notify GC in the event you have any reason to believe
or suspect that a Seller has breached any of the terms under
Section A or that any Seller Profile is not genuine, or is false,
inaccurate and/or incomplete.
- ADDITIONAL EXCLUSION OF WARRANTIES
- You acknowledge and agree that the Services provided by GC are limited to providing you with a platform to attempt to source surplus food and Food Items and connect with Sellers. When you use the Buyer Services, GC does not warrant or guarantee:
- that you will find Food Items suitable to your
specific taste, dietary, needs or other requirements;
- the status of any Seller as a business or that they are compliant
with any standards set by the relevant food competent authority
(Such as Malaysia: Food Act 1983, Food Regulations 1985, Food
Hygiene Regulations 2009)
- the premises used by a Seller are suitable for cooking and
preparing or, where applicable, registered with their local
environmental health department;
- that the Sellers’ profiles are genuine;
- that any information or documentation made available on a
Sellers’s Profile is authentic, valid, accurate or otherwise
- the identity of the Seller using the Services.
- GC is not responsible in any way for the quality or supply of any
Food Items by the Sellers. Such items are to be
provided by the Sellers on terms and conditions as may be agreed
between you and the Seller.
- GC shall not be made responsible to ensure that the Food Items
are free from viruses and/or bugs or safe for human consumption.
In the event that you suffer any injury or pain from the Food Items
you may not hold GC responsible.
27.2. In the event there is a dispute between you and any Seller, or if the Food or Items provided by a Seller are not provided to a satisfactory standard or at all, you agree GC is not liable for anything (including but not limited to any loss, damage or personal injury) suffered or incurred by you in the course of receiving such Food Items from a Seller, and you release and hold harmless GC from anything you may suffer or any liability in relation to such dispute.
SECTION C: SELLER TERMS AND CONDITIONS
If you are a Seller and wish to use the Seller Services, you may do so in accordance with the terms of this Section C. You are a Seller if you add Food Items to the GC platform, whether for payment or for free.
- The purpose of this Seller Terms and Condition is to clarify the rights and obligations of Seller who have registered themselves as a Seller with GC. Any agreements entered into prior to this Seller Terms and Condition shall be revoked and considered void.
- SELLER SERVICES
- Subject to clause 8 of Section A above, the Seller Services will comprise the following:
- the facility to create an account page (including a photo),
- the ability to advertise Food Items available for Sale;
- the ability to set a purchase price (“Price”) payable by the Buyer
in respect of any Food Items;
- the ability to specify when you are able to supply Food Items to Buyers and at what location and preferred times;
- any other features and functionalities of the Seller Services
provided by GC to you from time to time.
- YOUR ADDITIONAL OBLIGATIONS AS A SELLER
- By choosing to be a Seller and to advertise and supply your Food Items to Buyers through our Services, further to the general obligations on you as a User under clause 8 section A of these Terms, you agree that all information submitted by you, supply of the Food Items, and any other information provided to Buyers through the Services, must:
- be accurate, correct and up-to-date;
- be provided with all reasonable care and skill in a manner
consistent with generally accepted standards in the industry in
which you operate; if any
- not breach any applicable statutory or regulatory requirement,
including following good hygiene practice and, where applicable,
food safety management procedures based on the standards set
by the relevant food competent authority and in compliance with
the following law (Such as Malaysia: Food Act 1983, Food
Regulations 1985, Food Hygiene Regulations 2009)
- not commit an offence by adding for sale any controlled
substance (including but not limited to alcohol, solvents, weapons
or fireworks) for which you do not hold the relevant license to do
- not be misleading, deceptive or in any way contravene any and
all applicable consumer, health and safety and e-commerce laws
and regulations; and
- not be obscene, defamatory or be in the reasonable view of GC
deemed to be offensive and/or inappropriate.
- not supply any age restricted goods.
- In using the Seller Services you must:
- at all times keep all information including without limitation, communication and correspondences between you and the Buyers, and all information relating to the Transaction process secure and confidential;
- ensure your use of the Seller Services is personal to you;
- immediately notify GC in the event you have any reason to believe or suspect that a Buyer has breached any of its Terms.
- You further acknowledge and agree that GC may, at its sole discretion, immediately remove your Profile from the App where it reasonably considers that such Profile, any information you have uploaded or Food Items provided, no longer meets the standards that GC requires of its Sellers on the Services, at its absolute discretion and upon written notice to you.
- SERVICE FEE
- Joining our platform is free. However, GC shall be entitle to charge the Seller a number of service fees for completed transactions such as transaction fee, various service fees for marketing and promotion features, and other service fees as determined by GC and as agreed by the Seller.
- All service fees are subject to Goods and Service Tax (“GST”) and other taxes under all applicable laws and regulations, and GC may charge the Seller such GST and other taxes additionally. Seller agrees that service fees and taxes may be paid by deduction from the purchase value paid by Buyers or by other methods agreed by the Seller and GC.
- Seller shall submit personal / business identification information such as a copy of Identity Card (My Kad) or necessary business licenses or company documents as requested by GC and bank account information together with documents, as required by GC, evidencing that the bank account is owned by and in the name of the Seller when completing the seller registration.
- The amount payable by GC to the Seller for any completed transactions through the Services is the “Settlement Amount”. The Settlement Amount will be calculated by deducting all service fees from the amount paid by the Buyers. Seller must choose Settlement method upon registration, either via direct transfer to Seller’s bank account or any other method agreed between you and GC.
- The Settlement Amount shall be paid in the following method:
- Within 2 (two) business days after the day of the Buyer’s confirmation; or
- Within 2 (two) business days after the day of the receipt of the proof of collection by the Buyer from the Seller.
- CANCELATION, EXCHANGE, RETURN AND REFUND
- Buyers may cancel purchases at any time before the Food Items status is in “Pending Collection” subject to Seller’s approval. In the event that the Seller agrees for the Food Items to be cancel the said Food Items will be subject to a return process. In the event that there is any disagreement between the Seller and GC regarding this matter, the decision made by GC shall PREVAIL.
- Buyers may not be allowed to request for a return Food Items and is only allowed to request for an exchange or refund of the Food Items at any time within 7 (seven) business days from the date of receipt and is also subjected to GC’s decision and policies. After receiving exchange requests from Buyers, Seller must respond by expressing in writing either approval or denial within 5 (five) business days to the Buyer and/or GC. Should the Seller fail to do so, GC may assume that the Seller has accepted to the Buyer’s request and shall automatically proceed with the refunds / exchange.
- Once the request for exchange has been followed up by the Seller and the Seller have received the Food Items returned by the Buyer, Seller may postpone returns-exchange if there is a need to check and should there be a justifiable reason, Seller may reject returns. Upon this request, GC shall confirm the situation with the Seller and proceeds towards carrying out suitable actions for refunds shall apply except in the case where the Seller wishes to dispute the Buyer’s return of the Food Products and request for, refunds, or exchange, GC may postpone refunds if Seller request to postpone refunds by providing evidence on suitable reason. Should there be any fault or any safety concerns with the Food Items, GC shall require the Seller to recall its entire Food Items for an exchange-refund, and all costs shall be borne by the Seller.
- Returns costs shall be borne out by the party attributable to the returns request, such as:
- Buyer, where the returns is due to his / her change of mind and
- Seller, where the returns is due to the defects in the Food Items, and / or prepared of the wrong or different Food Items.
- ADDITIONAL EXCLUSION OF WARRANTIES
- You acknowledge and agree that GC only provides you with the facility to add and supply Food items to Buyers by providing you with the Seller Services. GC does not warrant, represent or guarantee that you will find any Buyers to supply Food Items to or achieve any specific results whatsoever.
- You acknowledge and agree that using the Services may require registration, licensing or approval as a food business with the relevant food authority. GC provides information in relation to this area on the Services. However, you acknowledge that this is intended as information only and does not constitute advice of any nature. Therefore, it must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action. Your use and reliance on any information on the Services shall be at your own risk and we shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance of such information. You undertake to conduct your own research and ensure that you comply with the requirements applicable to you. GC shall not be liable to you for any failure by you to comply with any relevant laws and regulations that may apply to you in the use the Services.
- You further agree that GC does not vet or verify the identity of the Buyers posted on the App. Consequently, GC does not warrant or guarantee:
- the completeness, correctness and accuracy of any Buyer’s Profile;
- that any Transactions made by Buyers are genuine;
- the identity of the Buyers using the Services
- You further acknowledge that GC has no control of and therefore has no liability whatsoever in respect of the behaviour, response and quality of the Buyers on the Services.
- GC provides the Seller Services solely to connect you, the Sellers, with Buyers who may be seeking to buy Food Item from you. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with, Buyers. You, the Seller, hereby indemnify GC in full and on demand against all losses, damages, costs, claims and expenses that GC incurs (including but not limited to such losses and damages incurred by GC in respect of sickness, disease or death of any Buyer arising out of or in connection with your acts or omissions in the use of the Services) arising out of or in connection with any of your dealings with, or Food Items provided to, Buyers.