Terms & Conditions


Effective from: 1 March 2020

This terms & conditions (“T&C”) govern the booking of goods and services, such as food and beverage, (collectively “Product”) from suppliers, vendors, service providers, and restaurant owners (collectively “Merchants” and each, a “Merchant”) made available by KD Hongkong Group Sdn Bhd (1240341-T) (“Company”, “we”, “us”, “our”) on http://www.kdhongkong.com.my (“Platform”) from time to time to users (“Customers” and each a “Customer”, “you”, “your”). For clarification, the Company does not own, sell or resell any Product and does not control the Merchants.

Before making a purchase for the Product and/or booking for Delivery (as defined below) (collectively “Order”), you must read carefully this T&C and all other terms and conditions and policies pertaining to the use of the Platform and Privacy Policy (collectively referred to as “Terms and Conditions”). By proceeding to the Order, you agree to be bound by Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Terms and Conditions, you are advised not to make any Order from us and access and/or use this Platform.


Content

1. Use of the Platform
2. General Prohibitions
3. Account
4. Order & Restriction
5. Delivery & Pick Up
6. Price & Payment
7. Cancellation & Refund
8. Vouchers, Discounts and Promotions
9. Data Privacy
10. Disclaimer & Limitation of Liability
11. Indemnity
12. Intellectual Property Rights
13. Links to Other Web Platforms
14. Suspension & Termination
15. Governing Law and Jurisdiction
16. Severance
17. Entire Agreement & Amendments to the Terms
18. Contact Us

1. Use of the Platform

1.1 By accessing or using the Platform, you represent and warrant that you are not prohibited by the laws of the country, region or jurisdiction that you are residing in from accessing or using the Platform, in accordance with these Terms and Conditions.

1.2 If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s). Their acceptance of these Terms and Conditions and their agreement to take responsibility for (i) your actions; (ii) any charges associated with your use of any of the services, software or content provided; and (iii) your acceptance and compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must stop using or accessing this Platform.

2. General Prohibitions

2.1 You may only use the Platform in accordance with the terms of these Terms and Conditions. You shall not directly, or indirectly (by assisting or encouraging any other party):

  1. copy, frame or mirror any parts of the Platform;
  2. sell, rent or lease the Platform or otherwise transfer or assign the right to use the Platform, or pledge, grant a security interest in, a lien on or encumber the Platform;
  3. use the Platform to process, store or handle any information not owned by you or provided to you without express authorization for such use or access;
  4. access the Platform with any automated application or programmer other than through those owned or operated by the Company;
  5. directly or indirectly copy, translate, adapt, modify, alter, decompile, disassemble, or otherwise reverse engineer or create any derivative work of the Platform, merge the Platform or any part thereof with any other application or change Platform in whole or in part;
  6. alter or remove any copyright or other intellectual property marks or notifications applied to the Platform;
  7. make any use of the Platform for the posting, sending or delivering of any of the following: (i) unsolicited email or advertisement or promotion of goods and services; (ii) malicious software or code; (iii) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (iv) any content that infringes a third-party right or intellectual property; (v) any content that may cause damage to a third party; or (vi) any content which may constitute, cause or encourage a criminal action or violate any applicable law; or
  8. use the Platform for any illegal, offensive, immoral or unethical purpose.

3. Account

3.1 In order to access and use certain features on the Platform, you may be required to create an account with the Company (“Account”). You agree to: (a) provide accurate, current and complete information when creating or updating the Account; (b) maintain and promptly update the Account information; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer; (d) promptly notify the Company if you discover or otherwise suspect any security breaches related to the Platform; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.

3.2 If you wish to delete your Account, please send us an email requesting the same.

4. Order & Restriction

4.1 Upon the successful registration of the Account, subject to availability and any additional terms imposed, you may make a purchase for the Product. Subject to available delivery or pick up zone, you are then required to choose the available delivery or pick up time and date for the Product (“Delivery”).

4.2 You shall review your Order carefully before placing it, we shall not be held responsible for any failure to do so or amend after the confirmation of Order. Generally, any modification/amendments on the Order is not permitted. If so needed, your request for amendment of Order shall be subject to the final approval of the Merchant.

4.3 Upon the successful completion of an Order, the Merchants may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any variation thereof and/or the estimated delivery time. For the avoidance of doubt, we are not involved in and will not be responsible for any separate arrangement between you and the Merchant regarding the amendment and/or cancellation of Order made by you.

4.4 The Merchant shall be solely responsible for any warranty in relation to, and quality of, the Product sold to you.

5. Delivery & Pick Up

5.1 Subject to the method of delivery so chosen by you, you may collect your Product at the premises of the Merchant. You are required to show proof of order for purposes of collection. Alternatively, the Product will be delivered to you.

5.2 In the event you have choose the Product to be delivered to you, you are responsible for ensuring that the delivery details entered by you are accurate and complete at all time. We shall not be liable in the event of late delivery or non-delivery of Order by reason of erroneous delivery details furnished by you.

5.3 We endeavor to deliver the Order to you as soon as possible. You acknowledge that Order maybe occasionally delayed due to traffic flow, weather conditions, unforeseen incidences or force majeure event. We shall not be responsible for any delays, delivery failure, damages or losses arising in connection hereto.

5.4 As soon as the Order has been successfully delivered to or collected by you, all risk in the Product shall be passed to you and you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the Product whether caused directly or indirectly by you or any person.

5.5 If you (i) remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address or (ii) remain uncontactable or fail to collect the Order within ten (10) minutes from the scheduled collection time, we or the Merchant reserves the right to cancel the Order without refund or remedy to you.

6. Price & Payment

6.1 All prices shown on the Platform are in Malaysia Ringgit (RM).

6.2 The prices of Product reflected on the Platform are determined solely by the Merchant and may not be the final payable price. We reserve the right to review the final payable prices from time to time.

6.3 We reserve our rights to charge you additional fee such as handling fee in connection to the Order.

6.4 The final payable price (inclusive of applicable tax and delivery charges) will be shown before you proceed for payment. By making payment for the Order, you agree to the final payable price.

6.5 Payment can be made online (via FPX bank transfer, CIMB Clicks, Maybank2U, RHB, Boost,TnGo,Graypay, debit or credit card payment) or such other modes of payment to be accepted by us from time to time.

7. Cancellation & Refund

7.1 You shall not be entitled to cancel your Order once you have received a confirmation. If you cancel your Order after it has been confirmed, you remain liable to pay the Order (including any delivery charges) in full regardless of whether the order has been prepared or completed by the Merchant and no refund is applicable.. 7.2 You may, however, be entitled to a refund for a cancelled Order only if the Merchant has not yet accepted your Order. We may initiate the refund request within 5 working days from the date of successful cancellation.

8. Vouchers, Discounts and Promotions

8.1 From time to time, we may run marketing and promotional campaigns which offer voucher codes, discounts, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to the terms imposed from time to time such as validity periods, redemption periods, limits and/or availability. We reserve the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions at any time without any prior notice.

9. Data Privacy

9.1 We collect and processes your personal data in accordance with our Privacy Policy. Where applicable, you agree and consent to us, our subsidiaries and any of our affiliate companies collecting, using, processing and disclosing personal data as further described in our Privacy Policy.

10. Disclaimer & Limitation of Liability

10.1 This Platform, the information on this Platform and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.

10.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this Platform and its contents, including in relation to any inaccuracies or omissions in this Platform, warranties of merchantability, quality, and fitness for a particular purpose, accuracy, availability, no infringement or implied warranties from course of dealing or usage of trade of the Product.

10.3 We do not warrant that this Platform will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that this Platform will not be affected by any Acts of God or other force majeure events, including an inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

10.4 While we may use reasonable efforts to include accurate and up-to-date information on this Platform, we make no warranties or representations as to its accuracy, timeliness or completeness. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE PLATFORM, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.5 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

10.6 Notwithstanding our efforts to ensure that our Platform and/or system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Platform, or electronic mail transmitted to and from us, will not be monitored or read by others.

10.7 Although we use reasonable endeavor’s to ensure that any software made available on this Platform is suitable for downloading, installation and/or use by you, all such software is provided “as is” without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.

11. Indemnity

11.1 You agree to indemnify, defend and hold the Company and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from all claims from third parties, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses suffered by or incurred by the Company, its affiliates or their employees, directors, representatives, consultants, officers, owners or agents arising from or related to any of the following:

  1. breach or violation by you of these Terms and Conditions;
  2. your connection to the Platform;
  3. your purchase of Product;
  4. your gross negligence or willful misconduct;
  5. any breach or violation by you of applicable laws;
  6. any or all of the information or data provided by you to the Company or the content thereof (including claims of infringement, ownership, libel, defamation, obscenity);
  7. use of the Platform and Account; and
  8. use of the Platform and Account by you or others to whom you provided access.

12. Intellectual Property Rights

12.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on this Platform are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or the Merchant, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or the Merchant, as the case may be.

12.2 Nothing contained on the Platform should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Platform without our written permission. Misuse of any trademarks or any other content displayed on the Platform is prohibited.

12.3 We will not hesitate to take legal action against any unauthorized usage of its trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

13. Links to Other Web Platforms

13.1 You may not create a link to any page of this Platform without our prior written consent. If you do create a link to a page of this Platform, you do so at your own risk and these Terms and Conditions will apply to your use of this Platform by linking to it.

13.2 For your convenience, we may include hyperlinks to other web platforms or content on the Platform that are owned or operated by third parties. Such linked web platforms or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked web platforms. Any hyperlinks to any other web platforms or content are not an endorsement or verification of such web platforms or content and you agree that your access to or use of such linked web platforms or content is entirely at your own risk.

14. Suspension & Termination

14.1 The Company reserves the right, without prior notice, and at its sole discretion, to terminate or suspend your right to access or use the Platform or any portion of the Platform (including access to your Account and/or the availability of any products or services), and to block any future access or use of the Platform or any portion of the Platform (including access to your Account and/or the availability of any products or services) by you, including but not limited to situations where it is determined that there is unauthorized use or access of the Platform, or the Platform is used or accessed in a manner that violates the laws of the applicable jurisdiction; or threatens the security or otherwise harms the Company, personnel of Company, or other Customers and third parties. For the avoidance of doubt, in the event of termination or suspension of an Account, the Company shall not be under any obligation to provide the Customer with: (i) date for the conclusion of any investigations; or (ii) any assurances on when the suspension will be lifted. We shall not be required to compensate the Customer for any suspension or termination.

15. Governing Law and Jurisdiction

15.1 The terms herein stated shall be governed by and interpreted in accordance with the laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Malaysian courts.

16. Severance

16.1 If any provision of these Terms is declared to be unenforceable, the remainder of these Terms will continue in full force and effect, and the unenforceable provision will be deemed modified to the extent necessary to comply with the applicable requirements of the law, while retaining to the maximum extent permitted by law its intended effect, scope and economic effect.

17. Entire Agreement & Amendments to the Terms

17.1 The terms herein stated shall constitute the entire agreement and understanding between you and us on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and us concerning the subject matter thereof.

17.2 These T&C may be modified from time to time. Any modifications to these T&C will be effective upon posting. You should therefore read these T&C before you place any Order. Your continued use of the Platform after any modifications to the T&C indicates your acceptance of the modified T&C.

18. Contact Us

18.1 If you have any question in relation to the Order or the terms herein stated, please do not hesitate to contact us at: enquiry@kdhongkong.com.my

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