Terms & Conditions

TERMS AND CONDITIONS

1. Ordering

   You may order freshly prepared meals or such other products available at the Website or the App, and we will make deliveries on the specified time and date you may wish to have the meals delivered to your home or office.
   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.
   We may however, in our sole discretion, choose to not process or to cancel your orders in certain circumstances. This may occur, for example, when the meals or products 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.
   To serve you better, we have made available add-on items on the Website and the App produced by third party partners which we believe are of good quality, we shall however not be held liable for the quality of or any issues associated with such add-on items produced by third party.
   

2. Description

   While we endeavor to provide accurate description of the products and/or services offered on the Website and the App, we do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, reliability or suitability of the information and materials found or offered on the Website or the App, and the pictures shown are for illustration purpose only. You acknowledge that such information and materials are provided on “as is” and “if available” basis, and may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information and materials found or offered on the Website or the App generally.
   In the event of unavailability of certain ingredients, we will replace with similar ingredients while preserving the quality of the meals. While we attempt to identify ingredients that may cause allergic reactions for those with food allergies, we however do not make representation on the same and there is always a risk of contamination. If you are concerned with food allergies, please be aware of the said risk and that we may prepare food and use ingredients that contain nuts, nut oil, dairy, seafood, shellfish and gluten.
   We endeavor to ensure and maintain the quality and hygiene of the meals prepared for you, if however in the unlikely event that you found the meals delivered are not in good condition or contained items that do not belong therein, please do not consume the said meal but to contact us and we will replace another meal for you.

3. Delivery

   Please refer to our delivery information page for the delivery area covered and we may engage third party service provider to ensure delivery of the order within the time slot selected. Whilst we aim to ensure the service level of such third party service provider, we are not able to warrant their conduct or behavior and shall not be held responsible for any omissions or misconduct caused by such third party service provider. 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.
   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.
   You are responsible to be available at the time of delivery and ensure adequate arrangement is made. All risk in the products 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.
   To ensure the highest quality of the meal served, it is highly recommended that all meals should be consumed immediately after delivery.

4. Price and Payment

   All prices are in Malaysian Ringgit (MYR). The prices are correct as shown on the Website and the App, and are inclusive of applicable tax and delivery charges unless the delivery address is not within the delivery area whereby minimum order requirement shall apply. We reserve the right to review the prices from time to time. Payment can be made online (via Paypal, FPX bank transfer, debit or credit card payment) or cash on delivery.
   Orders are considered final as soon as they are placed and modification/cancellation is generally not permitted. That said, we do make exceptions on a case-by-case basis and please inform us at least 4 hours in advance. In the event of cancellation, we may credit the cost of such order to your account balance which can be applied to your next order.

5. Accounts and Registration

   When ordering through the Website or the App, you are required to provide certain information or to register for an account, and information required includes your name, email address, credit card number, phone number and delivery address. You warrant that you have the legal capacity to use and to order through the Website or the App. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
   If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected].
   We shall take all commercially reasonably measures in securing your orders and personal details, and will ensure that said details are retained only as long as necessary for the transaction and for the provision of the products and services to you. However, in the absence of fault on our part, we shall not be held liable for any loss that you may suffer in the event unauthorized access by third party to any data provided when accessing or ordering from the Website or the App unless we have been proved to be negligent in securing the information provided.

6. Use of Information

   You authorize us to use, store or otherwise process your personal information in order to provide the delivery of the order to you and for marketing and credit control purposes (“Purpose”), including but not limited to calling the provided number for promotional purposes. 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 delivery of the order to you.

7. Liability

   By using or ordering via the Website or the App, you acknowledge and agree that the use of the Website or the App is at your own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use the Website or the App, or any application or material on any site linked to this Website or the App (including but not limited to any viruses, bugs or any other errors or defects or failures in computer transmissions or network communications) 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 or the App by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.
   We disclaim any and all liability to you for the supply of the delivery and products to the fullest extent permissible under applicable laws unless the loss or damage is due to our willful misconduct, or gross negligence. This however shall not affect your statutory rights as a consumer under applicable laws. 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 products. We shall not be liable for any consequential, indirect or special damage, howsoever arising.
   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. Additionally, 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.
   The Website or the App 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 make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Website or the App. 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.
   You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of the Website or the App, or as a result of violation of this Terms and Conditions by you or through use of your account.

8. Intellectual Property Rights

   All intellectual property rights in connection with the Website and the App (including but not limited to, the recipe, design, layout, look, text, appearance and graphics) are owned by us and must not be reproduced without our prior written consent. You may for your own personal use, to print and download the materials or bookmark or share links directing others to the content on the Website and the App, provided that you do not modify, reproduce or republish any content either online or offline, without our consent.

9. Prohibitions

   You are not allowed to use or launch any automated system or program in connection with our Website or the App or its online ordering functionality.
   You may not collect or harvest any personally identifiable information from the Website or the App, use communication systems provided by the Website or the App for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website or the App with respect to their submission to the Website or the App, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website or the App.

10. Entire Agreement

    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. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website or the App, these Terms and Conditions shall prevail.

11. Variation of Terms and Conditions

    We reserve the right at our sole discretion to vary, modify and make changes to these Terms and Conditions from time to time, and any such variations shall become effective once posted on the Website and the App. You agree that the continued use of the Website or the App indicates your acceptance of the modified Terms and Conditions.

12. Severability

    If any provision of these Terms and Conditions shall be deemed invalid, illegal or unenforceable, such provision shall be deemed deleted without affecting or impairing the remainder of the Terms and Conditions which shall continue to be in force.

13. Assignment

    We may subcontract any part or parts of the services or products that we provide to you from time to time and we may assign or change any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

14. Law and Jurisdiction

    These Terms and Conditions 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.

15. Barang Dapur Basah Referral Program Terms and Conditions

    The Barang Dapur Basah Referral Program (“The Program”) allows Members to earn promotional coupon credits ("Credits”) toward future meal purchases by referring friends to become new Barang Dapur Basah customers.
    To participate, Members must agree to these terms, which become part of the Barang Dapur Basah Terms of Service. Capitalized terms that are not defined here will have the same meaning given to them in the Barang Dapur Basah Terms of Service.

    How to Earn Referral Credits
    Members can earn Credits if: (i) a referred friend clicks on their referral link to create a valid Barang Dapur Basah account that complies with our Terms of Service; and (ii) the referred friend completes a Qualifying Meal Delivery (as defined below). The referring Member can not earn Credits for any reservation which they complete themselves.
    The referring Member will be credited with the Credit amount(s) specified for each type of reservation in the referral invitation or accompanying promotional materials after the completion of the referred friend’s Qualifying Purchase.
    The maximum Credit that can be earned per Member will be RM500 MYR in respect of Qualifying Purchases and made by referred friends, unless indicated otherwise in the referral invitation or accompanying promotional materials.

    Qualifying Purchases
    A Qualifying Purchaes must have the minimum total value indicated in the referral invitation, accompanying promotional materials, Barang Dapur Basah website, or Barang Dapur Basah mobile application for that type of reservation. Note that this total value may change based on currency fluctuations. The Qualifying Purchase must be done and paid for via the Barang Dapur Basah apps and website, but not via the Barang Dapur Basah terminal (https://www.barangdapurbasah.my), and the referred friend must complete the delivery before the referring Member can receive Credits. A purchase will not be considered a Qualifying Purchase, and therefore no Credits will be earned, if the referring Member is the Purchaser or if the delivery is cancelled at any time.

    Redeeming Credits
    Credits may only be redeemed via the Barang Dapur Basah Platform. Once earned, Credits will appear as Credit on the referring Member’s Referral and checkout page, but you may need to enter a code at checkout to redeem the credit. Credits must be used within one year from the date they are issued, after which they will expire. Credits are coupons issued for promotional purposes; they have no cash value and may not be transferred or exchanged for cash. Credits may not be earned by creating multiple Barang Dapur Basah Accounts. Credits accrued in separate Barang Dapur Basah accounts may not be combined into one Barang Dapur Basah account.
    If for any reason you believe that there is a discrepancy regarding your balance of Credits, please contact us. Barang Dapur Basah may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Barang Dapur Basah sole discretion.
    You are responsible for any Tax consequences, if any, that may result from your redemption or use of Credits. Where applicable, may be required to account for SST on any services for which the Credits are redeemed.

    Sharing Referral Links
    Referrals should only be used for personal and non-commercial purposes. Referral links may not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. Members are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Members are prohibited from paying to advertise their referral links.

    Referred Friends
    Referred friends who have signed up using a valid referral link will also receive credit in the form of a coupon or coupons in the amount(s) indicated in the referral invitation or accompanying promotional materials that can be used on their next Qualifying Purchase on Barang Dapur Basah. Coupon codes that are not automatically applied must be entered during checkout. Coupon codes may not be transferred to another person, exchanged for cash, or combined with other Barang Dapur Basah referral programs or incentives. Each coupon code may only be used on www.barangdapurbasah.my in conjunction with the booking of a single eligible Barang Dapur Basah Home or Experience that meets the minimum total value (excluding guest fees or taxes) indicated in the referral invitation, accompanying promotional materials, Barang Dapur Basah website, or Barang Dapur Basah mobile application for that type of reservation.
    Coupon codes expire one year from when you sign up for an Barang Dapur Basah account. Offer available while seats last. Barang Dapur Basah reserves the right to any remedy, including cancellation of your account or reservations, if fraud, tampering, violations of these terms or Barang Dapur Basah Terms of Service or Payments Terms of Service, or technical errors are suspected. Void where prohibited. If your reservation later qualifies for a refund, the maximum refund you may receive is the amount you actually paid.

    Multiple Referrals
    A referred friend may only use one referral link. If a referred friend receives referral links from multiple Members, only the Member associated with the referral link actually used by the referred friend will receive Credit.
    The Program may not be combined with other Barang Dapur Basah referral programs or incentives.

    Severability
    If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

    Termination and Changes
    Barang Dapur Basah may suspend or terminate the Program or a user’s ability to participate in it at any time for any reason.
    We reserve the right to suspend accounts or remove Credits if we notice any activity that we believe is abusive, fraudulent, or in violation of the Barang Dapur Basah Terms of Service or Payments Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.
    The scope, variety, and type of services and products that you may obtain by redeeming Credits can change at any time.

16. Lotteries and Lucky Draws

    Between 7th December and 21st December 2017 Barang Dapur Basah is giving away two (2) packages composed of RM2018 Barang Dapur Basah credits (valid until 31st December 2018) and 1 iPhone X or Google Pixel 2 (depending on the preference of the Barang Dapur Basah customer).
    Every participating user, agrees with the terms and conditions of this campaign. Anyone can participate who lives in Kuala Lumpur and Selangor and who is a registered Barang Dapur Basah customer. Barang Dapur Basah employees are exempted from this campaign.
    This campaign is run by Farm to Fork Sdn Bhd, 29-2, Jalan PJS 1/50, Taman Petaling Utama, 46150 Petaling Jaya, Malaysia.
    In order to win one of the two (2) packages, users have to order and receive a successful Barang Dapur Basah delivery between 7th December and 21st December 2017 and post the name of their favorite Barang Dapur Basah dish together with their preferred phone (iPhone X or Google Pixel 2) as a comment under the Facebook post. We will get in touch with the winners via a personal Facebook message on 22nd December 2017 and will verify that the customer has had a successful Barang Dapur Basah order and delivery between 7th December and 21st December 2017 through the customer’s full name and the order number.
    The Organiser’s decision in respect of this Contest and the lucky draw shall be final and conclusive. No correspondences or appeals. All personal data will be deleted at the end of the campaign and is only used for this particular campaign.

17. Barang Dapur Basah SELECT

    PURPOSE OF POLICY
    This policy (together with the documents referred to on it) sets out the terms and conditions on which Barang Dapur Basah Farm to Fork Sdn Bhd (Barang Dapur Basah, we or us) will supply to you the products (Products) listed on our website www.barangdapurbasah.my and https://www.barangdapurbasah.my (Website) and our mobile applications under the Barang Dapur Basah SELECT membership programme. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

    SERVICE AVAILABILITY
    The Website is only intended for use by people residing in Malaysia or Thailand. We do not accept orders from individuals outside Malaysia or Thailand.

    YOUR STATUS
    By placing an order through our site, you warrant that: you are legally capable of entering into binding contracts; you are at least 18 years old; you are resident in Malaysia or Thailand; and you are accessing our site from that country.

    FORMATION OF CONTRACT – FLEXIBLE SUBSCRIPTION
    After placing an order for flexible subscription on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order of flexible subscription constitutes an offer to us to buy the flexible subscription. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been ordered (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. By subscribing to the Website, you agree to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, as laid out in these terms. You can cancel or skip your subscription at any time before the renewal date. The renewal date is defined as the date of when your subscription will be renewed. You will not be charged for any cancellation prior to the renewal date. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you. Cancelling your flexible subscription is easy. You can do so by e-mailing [email protected] We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

    VOUCHERS AND GIFT CARDS
    We may offer gift cards, discount promotions and other types of vouchers (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and you when you redeem the Voucher by purchasing a Product. Any Voucher may only be used once by you and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Only one voucher is allowed to be applied per order. We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time. Vouchers may only be redeemed through the Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher. Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates. We reserve the right to exclude the use of voucher codes on specific products.

    AVAILABILITY AND DELIVERY
    Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

    RISK AND TITLE
    The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

    PRICE AND PAYMENT
    The price of the Products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error. Product prices include Sales and Service Tax (SST). We may change Product prices and delivery charges at any time, but the changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Payment for all Products must be by credit or debit card or Paypal. We accept payment with American Express, Visa and Mastercard.

    OUR REFUND POLICY
    We will offer an appropriate refund if it can be shown that the Product you were charged for was not provided as it should have been. Depending on the circumstances, we may, in our sole discretion, provide a full or partial refund of the purchase price, or provide you with Credits to be applied to future deliveries. You must contact customer service at [email protected] or within seven (7) days of receiving your delivery to qualify for a refund.

    WARRANTY
    We warrant to you that any Product purchased from us through the Website will, on delivery: conform with its description; be of satisfactory quality; and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

    OUR LIABILITY
    Subject to clause 12.2, if we fail to comply with these terms and conditions, to the maximum extent permitted by law, we will only be liable to repay to you the purchase price of the Products. Nothing in these terms and conditions excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the obligations implied by Competition and Consumer Act 2010 (Cth) or any other applicable legislation; or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

    DISPUTES
    All disputes to be lodged at [email protected] in writing, explaining the details of the dispute.

    NOTICES
    All notices given by you to us must be given to Barang Dapur Basah at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any other manner permitted by applicable laws. Notice will be deemed received and properly served: immediately when posted on the Website; 72 hours after an e-mail is sent In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

    TRANSFER OF RIGHTS AND OBLIGATIONS
    Any Contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

    INTELLECTUAL PROPERTY RIGHTS
    We are the owner or the licensee of all intellectual property rights in the Website, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved. You may print off one copy, and may download extracts, of any pages from the Website for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from our licensors and us. If you post comments on the Products to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly held opinions. By ordering the Products you irrevocably authorise us to quote from your Commentary on the Website and in any advertising or social media outlets which we may create or contribute to.

    EVENTS OUTSIDE OUR CONTROL
    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lockouts 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 war;
 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 networks; and the acts, decrees, legislation, regulations or restrictions of any government. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

    WAIVER
    If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above.

    SEVERABILITY
    If any of these terms and Conditions or any provisions of a Contract are 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 will continue to be valid to the fullest extent permitted by law.

    ENTIRE AGREEMENT
    These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them, to the maximum extent permitted by law. To the maximum extent permitted by law, each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.

    VARIATION OF THESE TERMS AND CONDITIONS
    We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

18. No Waiver

    No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

19. Order Cancellation

    For any cancellation, there will be processing fees of RM10 for each order.