The marketplace at [https://marketplace.horecabid.com/] (the “Website”) is owned and operated by HorecaBid Sdn Bhd (Company No. 1217585-D) (“we”, “our” or “us”). These terms and conditions, including any additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms of Service”) is an agreement between you and us. These Terms of Service shall govern your purchases on the Website, use of the Website and all the Website related services provided by us to you (“Services”).
By accessing and/or making a purchase through the Website, you agree to be bound by these Terms of Service. If you do not agree with these Terms of Service, you must refrain from accessing or using the Website.
|means the account created by you on the Website when you signed up to be our member;
|means identification in respect of the Account (including without limitation the Account’s username and password, your name, contact details, and/or other details contained in the Account);
|means a third-party logistics service provider appointed by you or us (as the case may be) to offer their services to you, to pick up and deliver to you, Products purchased by you;
|means the payment gateway made available on the Website as further described in Section 5;
|means the rules, information and/or policies developed and published by us on the Website in connection with these Terms of Service from time to time (as more particularly described in Section 2 below);
|means the items, products, deals, goods and/or services made available or published on or through the Website for sale or sold through the Website; and
|means a supplier from our existing network of suppliers who makes available the Products for sale on the Website;
|“user”, “you” or “your”
|means the user of the Website or the buyer of the Products (as the case may be).
2. HORECABID MARKETPLACE
|The Website is an online marketplace which enables you to purchase Products supplied by our existing network of suppliers. You may purchase the Products made available or published on or through the Website by adding the Products to your online shopping cart and paying using the Payment Partner (described in Section 5 below).
|Except as set out in these Terms of Service, we only act as an intermediary between you and the Supplier and (where applicable) the Logistics Partner. We are not involved in the sale and purchase transaction between you and the Supplier nor in the delivery transaction between you and the Logistics Partner, and we shall not be liable to either you or the Suppliers in relation to the Products or the Logistics Partner in relation to the delivery of the Products. You must resolve any dispute (if any) between you and the Supplier and/or Logistics Partner, directly.
|The use of the Website and/or the Services shall be subject to the Policies as may be developed and imposed on the users by us from time to time. Except as otherwise expressly prohibited or limited by applicable laws, we may amend, update, modify or supplement the Policies from time to time. You are responsible for reviewing such updated rules and Policies published by us on the Website and/or notified to you from time to time.
3. ACCOUNT REGISTRATION
|You may create an Account with us by following the procedures set out on the Website or such other methods as may be specified by us, subject to these Terms of Service.
|As part of the Account creation process, you may be required to provide us with your personal information during the Account creation process and from time to time during your use of the Website. By creating an Account on the Website, you consent to the processing of your personal information by us in accordance with our Personal Data Protection Notice. You shall ensure that all the relevant information is made available to us and kept updated from time to time. You shall promptly notify us in the event that there are any changes to your personal information submitted to us. In the event that any third-party personal information is provided by you to us, you are responsible for ensuring that all necessary consent has been obtained from such third party and that such third party has agreed to the processing of his/her personal information by us in accordance with our Personal Data Protection Notice.
|The Account Details must be kept confidential at all times and must not be disclosed to anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to [email@example.com].
|You must be 18 years of age or over to create an Account with us or make a purchase on the Website. If you do not qualify under these Terms of Service, do not engage in any of the foregoing acts. By creating an Account or making a purchase on the Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.
|We reserve the right to suspend and/or terminate your Account if you are in breach of these Terms of Service which will result in your inability to use the Services and/or the Website, and to the maximum extent permitted by law, we shall not be liable to you for such suspension or termination.
|If you chose to subscribe to our newsletter when you created an Account on our Website, we will send you our newsletter and/or e-mails containing marketing information or other similar information that we think may be of interest to you. If you no longer wish to receive any e-mails from us, you can unsubscribe at any time by using the unsubscribe function in each e-mail message or you can contact us.
4. NO WARRANTIES
The Suppliers listed through the Website with whom you may purchase the Products from, and the Logistics Partners listed through the Website whom you may select or who may be selected for you, to deliver Products to you, enter into contracts with us in relation to their use of the Platform. Notwithstanding the foregoing, we do not:
5. PRICE AND PAYMENT
|The price payable in respect of the Products made available or published on or through the Website shall be as stipulated on the Website. Unless indicated otherwise, all prices published on the Website are in Malaysian Ringgit.
|The prices for our Products are subject to change without notice and to the maximum extent permitted by law, we shall not be liable to you for such changes in the price of the Products.
|Unless otherwise stipulated or permitted by us, all payment required to be made by you in respect of the Products shall be made via any of the Payment Partner made available on the Website by following the payment process set out on the Website.
|The Payment Partner is operated by a third-party payment service provider engaged by us and all payments made via such Payment Partner are subject to the specific terms and conditions applicable to the Payment Partner imposed by the third-party payment service provider in addition to these Terms of Service.
|Please note that, as the Payment Partner is not operated by us, any payment dispute or fraud in connection with the payment made via the Payment Partner will be referred to the relevant third-party payment service provider. To the maximum extent permitted by law, we shall not be made responsible for any payment dispute or fraud not caused by us.
6. CANCELLATION, RETURN AND REFUND
|You may not modify or cancel your order after payment has been processed and an order confirmation has been issued. You are responsible to check and ensure that your delivery details and the Products which you ordered are correct before making the payment.
|At any time before the order confirmation is issued, we shall be entitled to refuse or cancel your order without giving any reasons despite the fact that you have made payment in respect of the Products. If any payment has already been made by you and received by us in relation to an order which has been cancelled for the above reasons, we will refund the same to you.
|You may apply for the return of the purchased Product and refund, if applicable, subject to and in accordance with the Policies.
7. DELIVERY AND RISK
|We will deliver the Products which you have purchased to you at the place of delivery requested by you using the logistic partner selected by you when you place your order and within the estimated delivery time indicated by us (or the Logistic Partner) at the time of your order checkout or as updated in the order confirmation.
|You will be notified if the estimated delivery date or time cannot be met, provided always that, to the maximum extent permitted by law, we shall not be liable to you for any losses, costs, damages, charges or expenses arising out of a delayed delivery.
|Upon delivery of the Products, you will be required to sign and acknowledge receipt of the delivery. In the event there are any faults, defects or damage to the Products, please contact our customer service representative by email at [firstname.lastname@example.org] and/or by telephone [603-7628 4503]. You shall be able to provide the relevant documents delivered with the Products when requested by our customer service representative. You are required to confirm acceptance of the Products received by you within a reasonable time which shall be no later than 5 days. If you do not confirm acceptance of the Products within this period, we will assume that the Product is received by you in good condition and you are deemed to have accepted the Products.
|Risk of damage to or loss of the Products shall pass to you at the time of delivery or, if you fail or refuse to take delivery of the Products, the time when delivery of the Products has been tendered. Unless otherwise agreed by us, we shall not be liable for any damage to or loss of the Products from the time when risk passes to you.
|For the purpose of this section, “Content” means design, text, data, graphics, images, user interface, visual interface, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Website, excluding the User Content (hereinafter defined). You acknowledge that the Content that we disclose is to the best of our knowledge or based on the information provided to us by third parties and do not constitute an opinion, recommendation or advice, nor is it a substitute for the same.
|You are solely responsible to:
|evaluate the quality, adequacy, completeness and usefulness of all services, Content, advice, opinions, and other information obtained or accessible through the Website; and
|seek further professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any decision based on any such materials or information. You agree that your use of the Content is solely at your own risk.
|The timeliness, accuracy, and completeness of any or all of the Content are not guaranteed. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and reserve the right to update this information at any time. We will not be responsible or liable for any false or misleading information, or for errors or omissions or for the results obtained from the use of such Content.
|In the event any third party Content infringes any intellectual property of any person, such third party shall be solely responsible to you for any loss or damage suffered by you as a result of the infringement. You may send us an email at [email@example.com] to report any such infringement.
|We may (but shall be under no obligation to) investigate if you have misused the Website, or behave in a way, which we regard as inappropriate, unlawful or illegal. By accessing or creating an Account on the Website, you agree not to:
|use the Website for unlawful, commercial, and non-personal purposes and for any purpose that is illegal or prohibited by these Terms of Service and applicable laws;
|upload, post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
|upload, post or transmit any unsolicited or unauthorised advertising or promotional materials, “junk mail”, “spam”, “pyramid schemes”;
|upload, post or transmit any material which contains viruses, malicious codes or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
|engage in any conduct which will violate any law or infringe our intellectual property rights or those of any third party in relation to your use of the Website;
|impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website;
|express or imply that any statements you make are endorsed by us without our specific prior written consent;
|use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Website;
|“frame” or “mirror” any part of the Website, without our prior written authorization;
|use any code or other devices containing any reference to us or the Website to direct persons to any other website and/or service;
|use the content contained on the Website for any illegal, fraudulent or harmful purpose;
|use the Website to violate the privacy or otherwise collect or store personal data of other users;
|use the Content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
|use the Website or any of the Contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with us;
|resell or repurpose your access to the Website or any purchases made through the Website;
|use the Website or any of its resources to solicit other business partners of ours to become users or partners of other online or offline services which may directly or indirectly compete or potentially compete with us, including without limitation, aggregating current or previously offered deals;
|compromise the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Website;
|attempt to gain unauthorized access to the Website, user accounts, computer systems or networks through hacking, password mining or any other means;
|use the Website in any manner that could damage, disable, overburden and/or impair the operation of the Website, our servers or networks, or interfering with any other party’s use and enjoyment of the Website, or violate any requirements, procedures, policies or regulations of such networks; and
|publicly disseminate information regarding the performance of the Website or access or use the Website for competitive analysis or benchmarking purposes.
|Without prejudice to other rights we may have under these Terms of Service or in law, in the event that you are found to be in breach of any of the terms contained in this section:
|we shall be entitled to immediately block, suspend or terminate your use of the Account or the Website;
|we shall have the right to remove any Content and/or User Content submitted, uploaded or transmitted by you to or through the Website (if any); and
|you shall indemnify us in full and hold us harmless against all claims, loss, costs, damages, charges and/or expenses (including loss of profit) incurred and/or suffered by us as a result of such breach.
10. CONTENT POSTED OR SUBMITTED BY YOU
|It is important that you act responsibly when providing any information or data (“User Content”) on the Website and you shall at all times comply with Section 9 above on User Obligations.
|By posting or submitting the User Content on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant to us and our related corporations (as defined in the Companies Act 2016) an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute such User Content to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such User Content. We may (but we are not obliged to) review the User Content which you have submitted before posting the same on the Website. We reserve the right to edit, reject or remove the User Content which does not comply with these Terms of Service.
11. INTELLECTUAL PROPERTY RIGHTS
|Copyright on the Website and Content (including designs, texts, graphics, logos, icons, user interfaces, visual interfaces and software) is owned or licensed by us and/or our third party licensors. You acknowledge and agree that the Website and any underlying technology or software used in connection with the Website contain our proprietary information and/or our third party licensors. We grant you a non-exclusive, non-transferable, revocable license to use the Website and the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Website and the Content.
|Except as expressly authorised by these Terms of Service, you may not in any form or by any means:
|adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website and/or Content;
|commercialise any information or services obtained from any part of the Website;
|modify, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or use any part of the same to provide or incorporate into, any product of service provided to a third party; or
|copy, duplicate or download the Content.
|If you use any of our or our third party licensor’s trademarks, rights in internet domain names and website addresses and other rights in trade names (“Marks”) in reference to our activities, products or services, you must include a statement attributing the Marks to us or our third party licensor. You shall not use any of the Marks:
|in or as the whole or part of your own trademarks;
|in connection with activities, products or services which are not ours;
|in a manner which may be confusing, misleading or deceptive; and/or
|in a manner which disparages us or our information, products or services.
We may place advertisements in different locations on the Website and at different points during your use of the Website and/or Services. You acknowledge and agree that the advertisements may relate to third party’s goods and/or services and we shall not be made responsible for any such third party goods and/or services. You are advised to take the necessary measures to confirm and verify the accuracy of such advertisements with the relevant third party. To the maximum extent permitted by law, we shall not be liable or responsible in any manner whatsoever for any claims in connection with such advertisements.
13. THIRD PARTY SITES
|The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
|Please note that the Website is provided “AS IS” and without warranties. Save and except for any implied warranties which cannot be contracted out by law and to the maximum extent permitted by law, we hereby disclaim all warranties, with respect to the Website, including without limitation any warranties that the Website is merchantable, of satisfactory quality, accurate, fit for a particular purpose or need.
|Without prejudice to the foregoing, we do not represent and warrant, to the maximum extent permitted by law:
|that you will be able to access or use the Website (either directly or through third-party networks) at times or locations of your choice;
|the accessibility, accuracy, reliability, timeliness, completeness or legality of the Content, the User Content, any information provided by users of the Website, suggestions or recommendations or endorsements of services or products offered or purchased through the Website, or any other data or information provided or received through Website; or
|that the Website will be secure, operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Website and/or the server that makes the same available are free of computer viruses, timers, contaminants, Trojan-horses, routings, time bombs or other harmful or malicious codes, programs or component.
|Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. We reserve the right to remove your username or similar identifier in respect of your Account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your access and use of the Website.
You agree to indemnify and hold us, our related corporations, contractors, successors, assigns, and third parties, and each of our and their respective directors, officers, employees and agents harmless from and against all loss, damages, claims, fines, penalties or expenses, including attorneys’ fees, arising howsoever from or in connection with your access or use of the Website, any breach, default, omission, misrepresentation, negligence, misconduct, non-observance and/or non-performance of these Terms of Service by you or on your part or of any other person for whose acts or omissions you are vicariously liable, whether in tort, contract or otherwise.
16. LIMITATION OF LIABILITY
|To the maximum extent permitted by law, in no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages, lost profits or income, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses howsoever arising, whether or not such losses and/or damages were reasonably foreseeable or even if we knew or should have known of the possibility of the same occurring.
|Notwithstanding anything contained in these Terms of Service, our maximum and cumulative total liability (including without limitation any liability for acts and omissions of our representatives) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, misrepresentation and any other damages and/or losses (“Claims and Losses”) howsoever arising under these Terms of Service shall, to the maximum extent permitted by law, not exceed [the price of the Products which you purchased], in respect of all Claims and Losses.
17. TERMINATION AND SUSPENSION
|We may terminate and/or suspend your Account immediately, if there has been a breach of these Terms of Service, the Policies or other policies and terms posted on the Website by you or by someone using your Account Details. We may also deactivate your Account for any other reason, including inactivity for an extended period.
|You acknowledge and agree that if you cancel your Account, all your Account information on the Website including without limitation the Account Details will be deleted from our database.
|Upon termination of these Terms of Service, your use of the Website and all other rights granted by us to you hereunder shall cease.
|You shall not to attempt to use the Website after any such termination and/or suspension (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register). We shall not be liable to you or any third party for any deactivation, termination and/or suspension of your access to the Website.
|Notwithstanding anything contained in these Terms of Service, any provisions in these Terms of Service which are capable of having effect after the termination of your Account shall remain in full force and effect.
18. WEBSITE MAINTENANCE
It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Website, which may temporarily degrade the quality of the Website or result in a partial or complete outage of the Website. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Website.
19. FORCE MAJEURE
|Neither party shall be liable to the other party or be deemed to be in breach of these Terms of Service by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms of Service, if the delay or failure was due to any cause beyond the party’s reasonable control, including but not limited to:
|fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
|war or threat of war, sabotage, insurrection, civil disturbance or requisition;
|acts, restrictions, regulations, by-laws, prohibitions, import or export regulations, embargoes or measures of any kind imposed by any governmental, parliamentary or local authority;
|strikes, lock outs or other industrial actions or trade disputes;
|epidemic, pandemic, virus outbreak or government restraints;
|difficulties in obtaining raw materials, labour, fuel, parts or machinery; or
|telecommunication, virus attacks, website or network hacking, transportation, power supply, network or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
20.1 Amendments to These Terms of Service
We reserve the right to amend these Terms of Service, the Policies and the other policies published on the Website at any time. Upon any such change, we will post the amended terms and/or policies on the Website or we may also attempt to notify you via electronic mail. Your continued access to and/or use of the Website following such posting and/or notice shall constitute your agreement to be bound by these Terms of Service, the Policies or other policies published on the Website, as amended. If at any time you choose not to accept these Terms of Service, including following any such modifications hereto, then you must stop using the Website.
20.2 Governing Law
These Terms of Service shall be governed and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction hereto.
20.3 Entire Agreement
These Terms of Service and any supplemental terms, policies, rules and guidelines published through the Website including the Personal Data Protection Notice, constitute the entire agreement between you and us relating to the subject matter hereof and supersede all previous written or oral agreements, arrangements or understanding between the Parties.
If any provision of these Terms of Service is held by any court of competent authority to be invalid, illegal or unenforceable in whole or in part, such provision shall be deemed to be severed from these Terms of Service without affecting or impairing the validity, legality and enforceability of the remaining provisions or remainder thereof, and the remaining terms and conditions shall nevertheless continue in full force and effect.
You may not assign, transfer or sublicense these Terms of Service to anyone else and any attempt to do so in violation of this section shall be null and void.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The headings in these Terms of Service are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of these Terms of Service or any terms or conditions therein.