Last updated: 11 November 2020
Shoppertise Sdn Bhd. (“Shoppertise,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use our Eats ordering platform (“Shoppertise Eats”), which is accessed via our licensees’ websites. Shoppertise and its affiliates make available certain proprietary technology services that facilitate the marketing, sale and fulfillment of orders for Restaurant Items (as defined below) and other products (collectively, “Items”) from Merchant to Customers, including on-demand lead generation, payment processing, marketing, advertising and promotional services, proprietary information services, onboarding, operational and other support services (“Shoppertise Eats Services” or “Services”).
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
DESCRIPTION OF SERVICES
Shoppertise Eats is a next-generation meal ordering Platform that utilizes the latest web, mobile, and social networking technologies to allow you to find and order from your favorite restaurants, and much more.
Although you are able to place orders through the Services, Shoppertise Eats itself does not sell the products contained in your order, is not a party to any such transaction, and has no control over the quality or safety of the products. Your order is between you and the restaurant from which you order from. In addition, restaurants may state ingredients or represent allergen or food preparation standards through the Services, such as food or beverages being nut-free, gluten-free, lactose-free, organic, or kosher. We do not investigate or verify the menus, ingredients, food preparation standards, or any descriptions, statements, or representations made by the restaurants. Therefore, if you or anyone else who will be consuming any item from an order has any food allergies or specific preparation requirements, you are strongly advised to contact the restaurant directly to address your specific needs. By using the Services, you agree that you understand that Shoppertise is not responsible for any statements or omissions concerning the products contained in your order.
Further, your use of GrabExpress, GoGet, MrSpeedy, Lalamove or restaurant own delivery crew (“Delivery Provider”) may be subject to the terms and conditions, including the privacy policies, of Delivery Providers, respectively. By using our third-party delivery providers you may be consenting to receive mobile communications and text messages from such providers. Please review the Delivery Provider’s terms and conditions, as applicable, for more information about their rights to send you such mobile communications.
Shoppertise uses Google Maps and the Google Maps API as part of our online ordering system. By using Shoppertise’ web, iOS, or Android ordering systems you are also bound to the Google Maps API Terms of Service found here: https://developers.google.com/maps/terms-20180207.
We provide Visitors and Registered Users with access to the Services as described in this Agreement.
Visitors. No login is required for visitors to the Website (“Visitors”). Visitors can (a) view all publicly-accessible content, (b) e-mail us, and (c) chat us.
Registered Users. Login is required for all individuals who register to use the Services (“Registered Users”). Registered Users can do all the things Visitors can do, and also (a) place orders, (b) search for restaurants based on location and cuisine, (c) research a particular restaurant, (d) sign up for alerts and other notifications, and (e) blog about your dining experience, including posting to your Facebook wall.
Shoppertise is under no obligation to accept any individual as a Registered User, and may accept or reject any registration in its sole and complete discretion.
Shoppertise’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Services, you hereby agree to comply with these community rules and that:
You will not use the Services for any unlawful purpose, including any fraudulent activity, or to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not access or use the Services to collect any market research for a competing businesses;
You will not upload, post, e-mail, transmit, or otherwise make available any content that:
infringes any copyright, trademark, or other proprietary rights of any person or entity; or
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any personal information about another person, including that person’s name, e-mail address, postal address, phone number, credit card information, or any similar information;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not create multiple accounts for yourself for any reason, including, without limitation, in order to obtain the same promotion multiple times; and
You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to deny you (or any device or IP address) access to the Services, or any portion of the Services, without notice.
The Services are available for individuals aged 13 years or older. If you are 13 or older, but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. You may not use the Services to purchase alcohol products unless you and the recipient meet the minimum age requirements under applicable state or provincial laws and present a valid photo identification verifying your age at the time you pick up or receive delivery of your order.
Restaurants on our Services are expressly prohibited from selling or offering for sale to any customer, regardless of age, any tobacco or nicotine products including, but not limited to, cigarettes and e-cigarettes. You may not attempt to purchase any such products on our Services. We reserve the right to immediately deny you access to our Services, without notice, if we determine, in our sole discretion, that you have violated or attempted to violate this policy. For the avoidance of doubt, even if You are of legal age to purchase tobacco products in your jurisdiction, doing so or attempting to do so through our Platform is expressly prohibited.
Shoppertise enforces a maximum order amount of MYR 4,000 per order. Shoppertise reserves the right to modify this maximum at any time without notice.
The fees which you pay Shoppertise for the Service are final, due immediately and are non-refundable (“Service Fee“). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by Shoppertise from time to time. Shoppertise has no obligation to provide refunds or credits, but may grant them, in each case in Shoppertise’s sole discretion, upon advice from the applicable restaurant.
This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Services, our decision to terminate or suspend your access to the Application / Services, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
Shoppertise retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold Shoppertise liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
Shoppertise may, at its sole discretion, make promotional offers with different features and different rates on the Services to any of the Users whereby these promotional offers shall accordingly be honored by you. Shoppertise may change the Service Fee at any time at its sole discretion.
DELIVERIES; SELF PICK-UP
Restaurants available through the Services do not deliver to every location. If we currently do not deliver to your area, but you would like us to, please let us know. We are expanding the reach of our Services, so we recommend that you create an account.
Shoppertise uses third-party delivery companies to deliver your orders. If you are not at the delivery location when your order arrives, the delivery person may leave the package for you at your door, or, if applicable, with the doorman or at the delivery center, and you will be charged the applicable fee for the order. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In the case of inclement weather, your order will be delivered as soon as reasonably possible when the conditions permit.
You agree Delivery Providers are solely responsible for the delivery of all items sent using delivery services. Shoppertise and its Restaurants are not responsible or liable for the acts and omissions of Delivery Providers and/or its agents, employees and contractors. Shoppertise does not have control over any of Delivery Providers actions. All disputes and or enquiries regarding the delivery of your items should be contacted with respective delivery service providers directly.
SHOPPERTISE, NOT BEING THE RESTAURANT, OR THE DELIVERY SERVICE OR ITS AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE DELIVERY SERVICES OR THE SELF PICKUP SERVICES, AND DISCLAIMS ANY SUCH WARRANTIES THAT MIGHT OTHERWISE EXIST.
The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Shoppertise (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both Malaysia and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Shoppertise (“Shoppertise Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Shoppertise Sdn Bhd. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Shoppertise Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Shoppertise Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
COMMUNICATIONS TO SHOPPERTISE AND USER SUBMISSIONS
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all emails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information.
You retain all copyrights and other intellectual property rights in and to anything you post to the Services. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us in any media now known or hereafter devised and for any purpose.
NO WARRANTIES/LIMITATION OF LIABILITY
ALTHOUGH WE TAKE OUR CUSTOMERS' SATISFACTION VERY SERIOUSLY, IF YOU HAVE ANY PROBLEMS WITH YOUR FOOD ORDER, INCLUDING ANY DELIVERY SERVICES, PLEASE CONTACT THE RESTAURANT DIRECTLY. YOUR ORDER IS BETWEEN YOU AND THE RESTAURANT FROM WHICH YOU ORDER, AND SHOPPERTISE IS NOT AN ACTUAL PARTY TO ANY SUCH ORDER.
THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES NOT ATTRIBUTABLE TO PERSONAL INJURIES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
THE SERVICES AND/OR THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS, INCLUDING WITH RESPECT TO ALLERGY INFORMATION AND/OR FOOD PREPARATION STANDARDS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE SERVICES AND/OR THE CONTENT. THE SERVICES AND THE CONTENT CONTAIN INFORMATION ON OUR PARTICIPATING RESTAURANTS’ PRODUCTS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICES OR IN THE CONTENT DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AND THE CONTENT AT ANY TIME WITHOUT NOTICE.
WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR. IN ADDITION, WE RESERVE THE RIGHT TO REPORT ANY FRAUDULENT OR INAPPROPRIATE CONDUCT TO APPROPRIATE AUTHORITIES AT OUR DISCRETION.
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such a case, you agree to cooperate with any reasonable requests assisting our defense of such matters.
COMPLIANCE WITH APPLICABLE LAWS
The Services are based in Malaysia. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Malaysia. If you access the Services or the Content from outside of Malaysia, you do so at your own risk. Whether inside or outside of Malaysia, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your and any device’s access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
DOWNLOADING THE APPS FROM THE APP STORE AND/OR PLAY STORE
The following terms apply when you download the Shoppertise App and/or any of the Restaurant Apps (collectively, the “Apps”) from Apple’s App Store and Google’s Play Store (“Stores”). These terms are in addition to all other terms contained in the Agreement.
You acknowledge and agree that (i) the Agreement is concluded between you and Shoppertise only, and not Apple and/or Google; and (ii) Shoppertise, not Apple and/or Google, is solely responsible for the Apps and content thereof. Your use of the Apps must comply with the Store’s Terms of Service.
You acknowledge that Apple and/or Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.
In the event of any failure of any of the Apps to conform to any applicable warranty, you may notify Apple or Google, and Apple and/or Google will refund the purchase price, if any, for the applicable App to you and, to the maximum extent permitted by applicable law, Apple and/or Google will have no other warranty obligation whatsoever with respect to the App. As between Shoppertise and Apple and/or Google, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Shoppertise.
You acknowledge that, in the event of any third-party claim that the Apps or your possession and use of an App infringes that third party’s intellectual property rights, as between Shoppertise and Apple and/or Google, Shoppertise, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
You acknowledge and agree that Apple, Apple’s subsidiaries, Google and Google’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the Apps, and that, upon your acceptance of the terms and conditions of the Agreement, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Apps against you as a third-party beneficiary thereof.
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. SHOPPERTISE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.