Please read these terms and conditions (“Terms and Conditions”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using eatfun.my website (“EatFun Platform”), and ordering via EatFun Platform, you agree to comply with and be bound by these Terms and Conditions.
When these Terms mention “EatFun,” “we,” “us,” or “our,” it refers to the EatFun company you are contracting with.
Our collection and use of personal information in connection with your access to and use of the EatFun Platform is described in our Privacy Policy.
Chefs alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings of food and Chef Services. Certain types of Chef Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you.
1. Scope of EatFun Services
|
1.1 |
The EatFun Platform is an online marketplace that enables registered users (“Members”) and certain third parties who has agreed to co-operate with EatFun to prepare the Goods and Services, (Members and third parties who prepare the Goods or Services are “Chefs” and the Goods and Services they offer in our website are “Chefs Meal”) to publish such Chefs Meal on the EatFun Platform (“Listings”), and to communicate and transact directly with Members that are seeking to order such Chefs Meal (Members ordering Chefs Meal are “Consumers”).
|
|
1.2 |
As the provider of the EatFun Platform, EatFun only provide delivery services (“Food Delivery” is a reference to perishable goods and to any form of delivery service) for both parties (the Chefs and Consumers) to guarantee the Chefs Meal is delivered to the Consumer; however, we does not own, create, sell, resell, provide, and offer any Listings or Chefs Meal. Chefs alone are responsible for their Listings and Chefs Meal. When Members make or accept an ordering, EatFun become a party to acting as an agent to ensure the Chefs Meal hand over to the Consumers.
|
|
1.3 |
If you choose to use the EatFun Platform as a Chef or Co-Chef (as defined below), your relationship with EatFun is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of EatFun for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of EatFun.
|
|
1.4 |
To promote the EatFun Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. EatFun cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The EatFun Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose.
|
|
1.5 |
Due to the nature of the Internet, EatFun cannot guarantee the continuous and uninterrupted availability and accessibility of the EatFun Platform. EatFun may restrict the availability of the EatFun Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the EatFun Platform. EatFun may improve, enhance and modify the EatFun Platform and introduce new EatFun Services from time to time.
|
2. Ordering
|
2.1 |
Please note that orders must be received before the specified cut-off time for that given product which will be shown as you proceed through the ordering process. You shall review your order carefully before placing it and report to us if there is any inconsistency, we shall not be held responsible for any failure to do so.
|
|
2.2 |
We may however, in our sole discretion, choose to not process or to cancel your orders in certain circumstances. This may occur, for instance, when the Chefs Meal you wish to order is no longer available, out of coverage for delivery, or in other unforeseen circumstances. We will not charge you or refund the charges for orders that we do not process or cancel.
|
|
2.3 |
Please note that some of the Chef Meals may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
|
|
2.4 |
When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
|
|
2.5 |
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
|
|
2.6 |
Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Chefs. 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. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Chefs will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
|
|
2.7 |
If the ordered Food Delivery and delivery capacity is available, the Chefs will accept the contract and confirm it to EatFun. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed by e-mail.
|
|
2.8 |
In the case that Goods offered by the EatFun were ordered, EatFun will confirm availability together with Food Delivery.
|
|
2.9 |
The confirmation message will specify delivery details including the approximate delivery time and confirm the price of the Food Delivery, Goods and Services ordered.
|
|
2.10 |
If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also notice you by e-mail.
|
3. Prices and Payment
|
3.1 |
Any contract for the supply of Food Delivery from this Website is between EatFun and the Chefs; for the supply of Goods or Services from this Website any contact is between Consumers and the Chefs. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
|
|
3.2 |
All prices listed on the Website 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 and delivery charges. We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing chefs, Goods or Services.
|
|
3.3 |
All prices listed on the Website for Goods and Services by EatFun reflect the price at the time of listing. We give great care to keep them up to date. In the case the price listed is not current, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
|
|
3.4 |
All prices for delivery by EatFun that listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future.
|
|
3.5 |
The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made by online payment or cash on delivery.
|
|
3.6 |
To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
|
4. Food Delivery
|
4.1 |
Your order will be delivered at the timeslot selected and we endeavor to meet the said delivery time slot; however, it may be occasionally delayed due to traffic flow, weather conditions, unforeseen incidences or force majeure event, and we shall not be held liable for failure to deliver.
|
|
4.2 |
If it is in our view that the delivery of your order is likely to be substantially delayed, we will contact you to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and we will: (i) if cash payment is to be made upon delivery, not charge you for the order; or (ii) if online payment has been made, refund you the cost of such order or credit the cost of such order to your account balance which can be applied to your next order, at your option. The processing of the refund may take up to twenty (20) working days.
|
|
4.3 |
All orders are delivered by a reputable courier. We and the Chefs will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact EatFun. You may also contact us by telephone or email, and we will try to ensure that you receive your order as quickly as possible.
|
|
4.4 |
All risk in the Goods and the Food Delivery shall pass to you upon delivery. In any event where we are unable to reach you, we will attempt to contact you at the phone number given and if you are still unreachable, the order shall be deemed delivered and you will be liable for its payment in full as if you had received the order. We shall not be held responsible for your failure to provide adequate access or arrangements for delivery.
|
5. Information
|
5.1 |
Where we have requested information from you to provide Goods or Services you agree to provide us with accurate and complete information.
|
|
5.2 |
You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing, advertising and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you.
|
|
5.3 |
You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
|
6. Complaints
|
6.1 |
We take feedbacks and complaints seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to [email protected]
|
7. Limitation of Liability
|
7.1 |
By accessing or ordering via the EatFun Platform, you acknowledge and agree that the use of the Website is at your own risk although great care has been taken to ensure that the information on this Website is accurate. In no circumstances, shall we be liable for any direct, indirect, incidental, damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use the Website, or any application or material on any site linked to this Website (including but not limited to any viruses, bugs or any other errors or defects or network miscommunications) 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 Website by unauthorized third parties, whether express or implied, relating to fitness for purpose or accuracy.
|
|
7.2 |
We disclaim any and all liability to you for the supply of the Food Delivery and Goods and Services to the fullest extent permissible under applicable laws unless the loss or damage is due to our willful misconduct, or gross negligence. This does not affect your statutory rights as a Consumer. 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 Goods and Services. We cannot be liable for any damage or loss, indirect or consequential, howsoever arising.
|
|
7.3 |
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. In addition, 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.
|
|
7.4 |
The Website 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 do not warranty about the content of these links or the sites hyperlinked to this Website. 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.
|
|
7.5 |
Offers (discount or promo codes) are subject to EatFun’ discretion and may be withdrawn at any time and without notice.
|
8. Intellectual Property Rights
|
8.1 |
All intellectual property rights in connection with the Website (including, but not limited to, the photos, design, appearance, layout, recipe, graphics, and text) are owned by EatFun for the written consent. You may not republish, reproduce or modify any content of us, either online or offline, without our consent.
|
9. General
|
9.1 |
All prices are in Malaysia Ringgit (MYR).
|
|
9.2 |
We reserve the right to vary, modify or alter the Terms and Conditions at any time and without notice.
|
|
9.3 |
Payment must be made either at the time of ordering by debit/credit card or at the time of delivery by cash. Failure to pay on time will be result in the cancellation of your order.
|
|
9.4 |
Do not use or launch any automated system or program in connection with our Website.
|
|
9.5 |
Do not collect or harvest any personally identifiable information from the Website, use communication systems provided by the Website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website, or publish or distribute any vouchers or codes in connection with the Website, or scrape or hack the Website.
|
|
9.6 |
The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire Agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement.
|
|
9.7 |
If any provision of these Terms and Conditions shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such provision shall be deemed deleted without affecting or impairing the remainder of the Agreement which shall continue to be in force without term or condition.
|
|
9.8 |
These Terms and Conditions and our Agreement 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.
|
|
9.9 |
No delay or failure on our part to enforce our rights or remedies under the Terms and Conditions shall constitute a wavier on our part of such rights or remedies unless such wavier is written to confirm.
|
