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Term of Use

 

  1. Introduction 

    1. These Terms (as defined herein) apply to the user (as defined below) access and use of the Service (as defined below). By setting up a user account, accessing and/or using the Service, you agree that you have read, understood and agreed to these Terms and these Terms shall constitute a legally binding agreement between you and Hello Order (hereinafter referred to as “Hello Order”, “we”, “us” or “our”, as the case may be). If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.

    2. Hello Order is a platform to provide a technology service which owns and operates a website and a mobile app (if any) with domain name https://helloorder.my. Hello Order is owned and operated by Cr8tive Solution Sdn Bhd 201601037645 (1208586-X).

    3. The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any  term or condition of these Terms of Service. In any such event, Hello Order may effect such termination with or without notice to you.

  2. Consent

    1. By clicking a box indicating acceptance or clicking "sign in/login" or "create account" and installing, downloading, entering, connecting to, accessing and/or merely using the Platform you:

      1. acknowledge that you have read and understood this Agreement;

      2. represent that you are of legal age to enter into a binding agreement; and

      3. accept this Agreement and agree that you are legally bound by its terms.

    2. We reserve the right, in our sole and absolute discretion, to modify, vary, amend, change and/or update this Agreement at any time as we deem fit and with reasonable notice to you (for example, by posting an update on the Platform, or by emailing the updated agreement to you). Such modifications, variations, amendments, changes and/or updates to this Agreement shall be effective upon the posting of an updated version on the Platform. You agree that it shall be your responsibility to review this Agreement regularly to ensure your understanding of this Agreement is current and you understand the terms and conditions that apply to your connection and access to, and use of, the Platform.

    3. Your non-termination, continued access to or use of the Platform in any way, including browsing the Platform after the effective date of any modifications, variations, amendments, changes and/or updates constitutes your acceptance of, and agreement to be bound by, the revised Agreement.

    4. If you do not agree to this Agreement or with any subsequent modifications, variations, amendments, changes and/or updates, you must not connect to, access or use the Platform, and we request you to uninstall the mobile application (“App”) (if any). If you have any questions regarding this Agreement, please consult a professional legal advisor.

  3. Representations, Identification and Authorisation of User Account

    1. In order to access some of the features and services on the Platform, you would have to create and sign up for an account (“User Account”) with us. The User Account facilitates the administration of your access to the Items on the Platform.

    2. You may also have the option to register for a User Account with us by linking your Facebook, Google+ (“Third Party Accounts”). As part of the functionality of the Platform’s services, you may link your User Account with Third Party Accounts, (If available) by either:

      1. providing your Third Party Account login information to us through the Platform; or

      2. allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

    3. You confirm that you are the owner of any such Third Party Accounts and that you are entitled to disclose your Third Party Accounts’ login information to us, without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. You authorise us to collect your authentication information, and other information that may be available on or through your Third Party Accounts consistent with your applicable settings and instructions.

    4. By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Platform via your User Account.

    5. Unless otherwise specified in this Agreement, all SNS Content, if any, will be considered to be your content for all purposes of this Agreement. Depending on the Third Party Accounts you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your User Account on the Platform.

    6. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform. If this happens, we will create a User Account for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS, as described above.

    7. You may only register one User Account on the Platform. Hello Order may cancel or terminate a User Account if we have reasons to suspect that a user has concurrently registered or is in control of two or more User Accounts, whether through the use of different details, email addresses, personal contact information, or otherwise. Further, Hello Order may reject a user’s application for registration for any reason.

    8. By using the Platform, you expressly represent and warrant that (a) you are legally entitled to accept and agree to this Agreement; (b) you are at least eighteen (18) years old; (c) you have not previously been suspended or removed from the Platform; and (d) your registration of the User Account and your use of the Platform are in compliance with all applicable laws and regulations.

    9. Without limiting the generality of the foregoing, the Platform is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. If you are under the age of eighteen (18) or the legal age for giving consent hereunder pursuant to the applicable laws in your country, you must obtain permission from your parent(s) or legal guardian(s) to open a User Account on the Platform. If you do not know whether you have reached the legal age, or do not understand this section, please do not create a User Account until you have asked your parent(s) or legal guardian(s) for help. If you are the parent or legal guardian of a minor who is creating a User Account, you must accept and comply with this Agreement on the minor's behalf and you will be responsible for the minor’s actions and any charges associated with the minor’s use of the Platform and/or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using or accessing the Platform.

    10. You confirm that all the personal data and contact details in relation to your identity whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform is accurate, up to date, not misleading, and complete at all times; and that you will keep your account information accurate, up to date, not misleading and complete at all times.

    11. If we have reason to believe that your account information is untrue, inaccurate, out of date, misleading or incomplete, we reserve the right, in our sole and absolute discretion, to suspend or terminate your User Account, cancel any transactions associated with your User Account and ID, withhold any refunds, or take any other actions as we may deem necessary or appropriate in our sole and absolute discretion by giving you a notice in writing to the email address maintained in your User Account.

    12. You agree to provide us with all required documentation or information upon request for us to comply with our internal policies, any applicable laws or guidelines or for any other reason as we may consider necessary or desirable from time to time.

    13. By using the Platform, you agree that:

      1. you will only use the Platform for lawful purposes;

      2. you will not permit or enable third parties to access or use your User Account;

      3. you will not assign, transfer or otherwise render accessible your User Account to any other person, except with the express permission of Hello Order;

      4. you will not use the User Account of a third party;

      5. you will comply with all relevant legislations when using the Platform, and will only use the Platform for the purpose for which it is intended to be used;

      6. you will not use the Platform to cause annoyance or disruption to other users;

      7. you will not impede the correct operation of the network to the Platform;

      8. you will provide Hello Order with proof of identity as Hello Order may reasonably request or require;

      9. you will provide accurate, current and complete information as required for the Platform and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times;

      10. you will not fail to pay for Items purchased by you, unless you have a valid reason as set out in our policies (including this Agreement); and

      11. you will not take any action that may undermine the feedback or ratings systems.

    14. By using the Platform, you represent and warrant that you have the right, authority and capacity to use the Platform, and you agree to be bound by this Agreement. You agree that, in the event you are the authorised representative of an individual, partnership, agent, sole proprietor, company or entity, you (a) have obtained the lawful authority via written authorisation or consent from such individual, partnership, agent, sole proprietor, company or entity; and (b) agree to be bound by this Agreement on behalf of that individual, partnership, agent, sole proprietor, company or entity. You agree not to impersonate or represent intentionally or unintentionally, in any way whatsoever, any third party, individual, partnership, agent, sole proprietor, company or entity without lawful authority; or otherwise provide, submit or present any false and/or misleading information to us.

    15. If, after your electronic acceptance of this Agreement, we find that you do not have the legal authority to bind such individual, partnership, agent, sole proprietor, company or entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the contract performance obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication from your User Account, we reserve the right to (but undertake no duty to) require additional authentication from you.

    16. A set of user ID and password is unique to a User Account, and you should take all necessary steps to ensure that your user ID and password for the User Account are kept confidential and secure at all times from third parties, including but not limited to, not disclosing or cause to be disclosed your user ID and password through any means, and by restricting access to any device(s) linked to your User Account, including but not limited to, computers, laptops and any mobile devices and tablets owned by you or any third party. You must ensure that you log out from your account at the end of each session on the Platform. Further, you should inform us immediately if you have any reason to believe that your user ID or password for the User Account has become inadvertently known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

    17. You are responsible for all activities that occur under your User Account regardless of whether you are the one who undertakes such activities. This includes any unauthorised access and/or use of the User Account.

    18. You acknowledge that allowing a third party to use your User Account may cause irreparable harm to Hello Order. You shall indemnify Hello Order, our affiliates, directors, employees, agents and representatives against any losses or damages (including but not limited to loss of profits) suffered as a result of or in connection with the use of your User Account. You further agree that in case of your failure to maintain the security of your User Account, Hello Order shall not be liable for any losses or damages arising from such a breach and shall have the right to suspend or terminate your User Account and/or take any other actions as we may deem necessary or appropriate in our sole discretion.

    19. If we have reason to believe that there is likely to be a breach of security, unauthorised use or misuse of your User Account, we may require you to change your password to your User Account or we may suspend your User Account pending investigation. You further release and hold us harmless from any and all claims and causes of action arising out of or resulting from any unauthorised use of your User Account, including our suspension or termination of your User Account due to such unauthorised use.

    20. Without prejudice to any other rights or remedies available to Hello Order, Hello Order reserves the right to suspend, block or deny your access to your User Account, or any services or features available on the Platform in the event:

      1. Hello Order deems, in its sole discretion, that you have violated any term of this Agreement or any other agreement, rule, policy, code of conduct, procedure and/or regulation published on the Platform;

      2. during the period of investigation in respect of any dispute or complaint made by Merchants or delivery partner against you;

      3. you owe any money to Hello Order;

      4. this Agreement is terminated for any reason whatsoever; and/or

      5. Hello Order deems reasonable in its sole discretion.

 

  1. Intellectual Property Rights

    1. For the purposes of this Clause 4:

      1. “Intellectual Property Rights” means trademarks, service marks, trade names, domain names, logos, get-up, patents, inventions, registered and unregistered design rights, copyrights, database rights, confidential or secret processes, trade secrets and all other similar rights in any part of the world (including Know-how) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.

      2. “Know-How” means all confidential and proprietary industrial and commercial information and techniques in any form, including but not limited to, drawings, formulae, tests, results, procedures, project reports and testing procedures, instructions, training manuals and market forecasts.

    2. Save for the User Data (as hereinafter defined in Clause 5.1), or unless otherwise indicated, we and/or our licensors have valid, unrestricted and exclusive rights, title and interest of the Intellectual Property Rights on the Platform and the texts, graphics, logos, icons, images, documentations, audios, videos, software, page layout, underlying code, data compilations, materials and any other form of information capable of being stored in a computer that is contained in or published on the Platform (collectively, the “Content”). By allowing you to access and use the Platform, Hello Order does not grant you any licence or other authorisation in respect of our Intellectual Property Rights and the Content.

    3. Subject to your complete and ongoing compliance with all the terms and conditions of this Agreement, Hello Order hereby grants to you a limited, personal, restricted, non-exclusive, non-transferable, non-sublicensable, and revocable license, subject to this Agreement, to access and use the Platform in accordance with this Agreement. All other uses are strictly prohibited without our prior written consent and you agree that such license shall terminate upon the termination of your User Account and this Agreement.

    4. Your use of and access to the Platform does not grant or transfer to you any rights, title or interest in relation to the Platform or the Content. You must not:

      1. copy or use, in whole or in part, any Content;

      2. reproduce, retransmit, distribute, disseminate, sell, resell, publish, broadcast or circulate any Content to any third party, unless otherwise indicated on the Platform or unless given express written permission to do so by Hello Order;

      3. breach any Intellectual Property Rights connected with the Platform or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content; and

      4. use the Platform to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the Platform, copy any ideas, features, functions or graphics of the Platform, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the Platform, or attempt to gain unauthorised access to the Platform or related systems or networks.

    5. You acknowledge and agree that all uses of Hello Order’s Intellectual Property Rights shall be in the form and format specified or approved by Hello Order. Further, all goodwill related to the use of the Content shall inure to the benefit of Hello Order.

    6. Hello Order reserves the right to change the availability of any feature, function, or content relating to the Platform, at any time, without notice or liability to you.

    7. You may view and temporarily store material from the Platform in your browser’s cache.

    8. You undertake not to use any robot, spider, other automatic device, or manual process to monitor materials available through the Platform.

    9. If you violate any portion of this Agreement, your permission to access and use the Platform may be terminated immediately pursuant to this Agreement. Additionally, we reserve the right to avail ourselves of all remedies available at law and in equity for any such violation.

    10. If you are the copyright owner of any Content and you think the use of the above material violates your copyright in any way, please email a takedown request, by using the "Contact Us" tab on the Platform, to the webmaster. Please indicate the exact URL of the webpage in your request. All images shown on the Platforms have been digitised by Hello Order. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Hello Order.

  2. User Data

    1. For purposes of this Clause 5, “User Data” means any text (including messages, questions, reviews of the Merchants, the Items, suggestions and comments), information, data, materials, images (including photos and profile photos), or other content you provide to us using the Platform or submit, enter into, load, or post to the Platform, and all results from processing such text, information, data, materials, images, or content using the Platform.

    2. You have sole responsibility for the accuracy, appropriateness and completeness of all User Data. Hello Order will treat the User Data that you have provided through the Platform as true for all purposes and shall not be responsible for reviewing, validating or otherwise confirming the accuracy, appropriateness or completeness of the User Data.

    3. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license (including the right to sublicense through multiple tiers) to use, copy, modify, create derivative works of, display, perform, publish, reproduce, publicly display and distribute, in any form, medium or manner, the User Data where we deem fit and necessary for providing the Services to you, subject to our commitments and obligations stated in our Privacy Policy.

    4. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in the User Data. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorise us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use the User Data in any manner that we deem appropriate or necessary.

    5. 5.5. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in the User Data, subject to the non-exclusive rights granted to us in Clauses 5.2 and 5.4 above, and that no ownership of such copyrights is transferred to us under this Agreement. Further, with respect to the User Data in the form of photos: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for Hello Order Business Purposes.

"Hello Order Business Purposes" means any use in connection with a Hello Order-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Platform, the Services or the information it contains.

  1. By posting, uploading, or submitting the User Data on the Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use the User Data in this manner. This includes obtaining the right to grant us the rights to use the User Data in accordance with this Agreement. You are in the best position to judge whether the User Data is in violation of intellectual property or personal rights of any third-party. You agree to pay all royalties, fees, and any other monies owed to any person by reason of the User Data.

  2. We reserve the right to remove the User Data, in whole or in part, submitted by you for any reason at our sole and absolute discretion without notice to you. We do not guarantee that we will publish all of the User Data.

  1. Placement of Delivery Orders, Dine-In Orders & Take Away Orders and Payment

    1. Hello Order provides online ordering services by entering into contractual arrangements with Merchants for the purposes of listing their menu Items on the Platform for online ordering by Customers, which includes Delivery Orders, Dine-In Orders and Take Away Orders.

    2. You understand that our Merchants offer their Items in specific localities and delivery areas, and the availability of our Merchants varies across different localities and delivery areas. By entering your delivery address or providing your location on the Platform, you will see the Merchants that we make available to you at that time, depending on your locality and delivery area. Delivery areas may expand, shrink or change, and available Merchants may be subject to change, depending on weather and traffic conditions and situations of force majeure, or as we may determine from time to time.

    3. Hello Order neither make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the Items proposed to be sold or offered to be sold or purchased on the Platform nor does it implicitly or explicitly support or endorse the sale or purchase of any Items or any Merchants on the Platform.

    4. Merchants may state ingredients or represent allergen or food preparation standards through the Services, such as food or beverages being nut-free, gluten-free, lactose-free, organic, or kosher.  We do not investigate or verify the menus, ingredients, food preparation standards, or any descriptions, statements, or representations made by the Merchants. Further, Hello Order does not guarantee that the Items sold by Merchants are free of allergens.

    5. Hello Order is not obligated to provide ingredient information or allergen information in respect of the Items on the Platform. If you or anyone else who will be consuming any Item from a Delivery Order, Dine-In Order and/or Take Away Order has any food allergies, specific preparation requirements or dietary restrictions, you are strongly advised to contact the Merchants directly to address your specific needs before placing a Delivery Order, Dine-In Order and/or Take Away Order on our Platform.  By using the Services, you agree and understand that Hello Order is not responsible for any statements or omissions concerning the Items contained in your Delivery Order, Dine-In Order and/or Take Away Order.

    6. The details of the menu and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability.

Placing Delivery Orders

  1. Prior to placing a Delivery Order, you are required to provide us with your delivery address in order for the Platform to display available Merchants in your delivery area. Upon your selection of a Merchant on the Platform, you will be taken to that Merchant’s menu page where you will be able to select and add Items sold by Merchant to your “shopping basket” for delivery and fulfilment by the Delivery Partner.

  2. Some of our Merchants require a minimum order value (“MOV”) before a Delivery Order can be placed and delivered to you. Where an applicable Delivery Order fails to meet the MOV, you  will be required to add more Items to your “shopping basket”.

  3. To complete a Delivery Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Delivery Order. You are required to review and confirm that all the information you provide, including the selection of Items, amounts, delivery details, personal details, delivery time, and voucher or promo code (if applicable) is true, accurate and complete before you click ‘MAKE PAYMENT’.

Placing Dine-In Orders and Take Away Orders

  1. “Dine-In Ordering” and “Take Away” are functions on the Platform available only at selected food and drink Merchants. Dine-In Ordering allows ‘dine-in’ Customers to place Dine-In Orders off a Merchant’s menu in-store, while Take Away allows Customers to place Take Away Orders off a Merchant’s menu for self-collection at a Merchant’s physical store.

  2. The ordering process for placing a Dine-In Order and/or Take Away Order is similar to placing a Delivery Order. To complete a Dine-In Order or a Take Away Order, please follow the onscreen instructions after clicking ‘Checkout’. You are required to review and confirm that all information you provide is true, accurate and complete before you click ‘Order Now’.

Completing an Order/ Payment

  1. Before clicking ‘MAKE PAYMENT’,  you will have the option to select your preferred payment method (your options are as listed in Clause 10.1) for the Delivery Order, Dine-In Order or Take Away Order.

  2. Your request to Items from a Merchant on the Platform shall constitute an unconditional and irrevocable authorisation issued in favour of Hello Order to place online orders for Items against the Merchants on your behalf.  Nevertheless, you understand, accept and agree that the payment facility provided by Hello Order is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorised banking infrastructure, credit/debit card payment gateway and e-wallet payment networks. Further, by providing payment facility, Hello Order is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

  3. A Delivery Order, Dine-In Order or Take Away Order is successfully placed when you receive a Whatsapp notification containing your Delivery Order, Dine-In Order or Take Away Order receipt from us. Please note that your Delivery Order, Dine-In Order or Take Away Order may be subject to additional terms and conditions of individual Merchants.

  4. Hello Order and Merchants (as the case may be) reasonably endeavour to comply with your special instructions in respect of a Delivery Order, Dine-In Order and/or Take Away Order. Nevertheless, in some cases where the special instructions are not feasible, possible or commercially reasonable, Hello Order and/or Merchants reserve the right to proceed to prepare the Delivery Order, Dine-In Order and/or Take Away Order in accordance with standard operating procedures of Hello Order and/or Merchants. Neither Hello Order nor Merchants shall be responsible to replace or refund a Delivery Order, Dine-In Order and/or Take Away Order which does not conform to special instructions provided by you.

  1. Cancellation of Delivery Orders, Dine-In Orders & Take Away and Refunds

    1. As a general rule, all Delivery Orders, Dine-In Orders and/or Take Away Orders placed on the Platform are treated as confirmed, and all applicable fees and payment are due immediately and are non-refundable. You acknowledge that your cancellation, or attempted or purported cancellation of a Delivery Order, Dine-In Order or Take Away Order shall amount to breach of your unconditional and irrevocable authorisation in favour of Hello Order to place that Delivery Order, Dine-In Order or Take Away Order against the Merchant(s) on your behalf (“Authorisation Breach").

    2. In the event you commit an Authorisation Breach, Hello Order shall have a right to charge you 100% of the Delivery Order, Dine-In Order or Take Away Order amount as the cancellation fee (inclusive of applicable taxes whenever not expressly mentioned), with a right to either not to refund the Delivery Order, Dine-In Order or Take Away value in case your order is prepaid or recover from your subsequent Delivery Order, Dine-In Order or Take Away in case your order is post-paid, to compensate our Merchants. Any waiver of cancellation fees (and any refunds) with respect to an Authorisation Breach may be granted at Hello Order’s sole and absolute discretion.

  2. Restrictions on Items

    1. Some of the Items that our Merchants offer on the Platform are subject to restrictions for purchase (“Restricted Items”), depending on the applicable laws of the country you purchase the Restricted Items from.

    2. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements for the time being in force.

    3. Our Merchants may offer tobacco on the Platform where the laws allow. By our Merchants offering tobacco for sale on our Platforms, we do not purport to advertise, promote or encourage the purchase or use of tobacco in any way.

    4. To purchase alcohol/ alcoholic products and/or tobacco, you must be of the statutory legal age.

    5. You understand that Riders reserve the right in their sole discretion:

      1. to ask you for valid proof of age (e.g. ID card) before they deliver alcohol/alcoholic products or tobacco to you;

      2. to refuse delivery if you are unable to prove you are of legal age; and/or

      3. to refuse delivery to any persons for any reason whatsoever.

    6. Any offer for any alcohol and tobacco made on the Platform is void when it is prohibited by law.

  3. Prices and Payments

    1. Prices for Items quoted on the Platform will be displayed in the applicable country’s national currency and subject to applicable taxes. Prices quoted on the Platform may vary from the prices offered by our Merchants, either on their own websites, mobile applications, or at their brick-and-mortar outlets. Further, prices indicated on the Platform are as at the time of each Delivery Order, Dine-In Order or Take Away Order and may be subject to change from time to time by Merchants.

    2. The way we display the prices of Merchants’ Items may vary depending on the Merchants, and the prices reflected on our Platform may:

      1. include sales and services tax (“SST”) or such other equivalent tax; or

      2. exclude SST or such other equivalent tax.

    3. A breakdown of the prices and additional charges are displayed before Checkout. When you place a Delivery Order, Dine-In Order or Take Away Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you. Additional charges may include delivery fee for delivery of your Delivery Order by Riders, as the Platform may determine (“Delivery Charges"), lunch box fees, and any applicable taxes (e.g. SST or any equivalent taxes in your jurisdiction, etc.).

    4. You agree to pay us for the total amount for the Delivery Order, Dine-In Order and/or Take Away Order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of this Agreement and the pricing terms set forth in the applicable menu listing for the Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

    5. Delivery Charges are chargeable on every Delivery Order unless:

      1. you have a valid promotional or discount voucher and apply it at Checkout; or

      2. unless stated otherwise.

    6. If you have an existing valid voucher, promo code or ‘My Vouchers’, you can use them to pay for part or full payment of your Delivery Order, Dine-In Order or Take Away Order. After a Delivery Order, Dine-In Order or Take Away Order is successfully placed, you will receive a notification from us with your Delivery Order, Dine-In Order or Take Away Order receipt.

  4. Payment Methods

    1. In connection with your Delivery Order, Dine-In Order and/or Take Away Order, you will be asked to provide customary billing information such as name, billing address and payment information either to us or our third party payment processor. Payment methods currently available on the Platform are:

      1. credit/ debit card payment;

      2. e-wallet payments (including Touch ‘n Go, Boost, and GrabPay);

      3. payment via third party e-wallet platform;

      4. payment using your ‘Hello Order Credit’ balance (if any); and

      5. such other payment methods we offer from time to time.

    2. Hello Order reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion.

    3. Regardless of your preferred payment method, you acknowledge and agree that we act as Merchants’ payment agent for the limited purpose of accepting payments from you on behalf of Merchants. Upon your payment of the transaction amounts to us, which are due to Merchants, your payment obligation to Merchants for such amounts is completed, and we are responsible for remitting such amounts, to Merchants. You shall not, under any circumstances whatsoever, make any payment directly to Merchants for any Delivery Order, Dine-In Order and/or Take Away Order made using the Platform.

    4. You acknowledge and agree that Hello Order takes no responsibility and assumes no liability for any loss or damages to you arising from incorrect or erroneous delivery information and/or payment information entered by you or wrong remittance by you in connection with the payment for the Items, or for any failure, disruption or error in connection with your chosen payment method on the Platform.

    5. Credit/ Debit Card Payment:

      1. If you choose to pay using a credit/ debit card, you hereby authorise the collection of such amounts by charging the credit/ debit card provided as part of requesting the Delivery Order, Dine-In Order and/or Take Away Order,  either directly by us or indirectly, via a third party online payment processor. You agree that we may issue a reasonable authorisation hold on your credit/ debit card, which is not an actual charge against your card, in order to verify your payment method via your card for the first time on the Platform as a preventive measure against any unauthorised or fraudulent usage of your credit/ debit card.

      2. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services.

      3. Once your confirmed order transaction is complete you will receive a confirmation summarising your confirmed order. With your consent, your credit/debit card and/or payment information will be stored with us and/or our third party payment service provider(s) for future orders.

      4. You will be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use a credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilised or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorised use of your credit/ debit card.

    6. E-Wallet Payments and Payment via Third Party E-Wallet Platforms:

      1. If you choose to pay using an e-wallet or a third party e-wallet platform, you hereby authorise the collection of such amounts by charging your e-wallet account provided as part of requesting the Delivery Order, Dine-In Order and/or Take Away Order, either directly by us or indirectly, via the e-wallet or third party e-wallet platform provider.

      2. When making payment using an e-wallet or a third party e-wallet platform on the App, you will be required to log in and provide us with access to your individual e-wallet account(s) in order for us to process your payment. You acknowledge that by using an e-wallet or third party e-wallet platform to make payment, you may be subject to separate terms and conditions governing its use imposed by the respective e-wallet or third party e-wallet platform providers. Please review such terms and conditions and privacy policy before using the Platform services.

      3. Once your confirmed order transaction is complete you will receive a confirmation summarising your confirmed order. With your consent, your e-wallet account information and/or payment information will be stored with us and/or our third party payment service provider(s) for future orders.

 

  1. Hello Order Credit (if any):

    1. For your ease and convenience, Hello Order offers a proprietary in-app only credit account and payment function (“Hello Order Credit”) which allows you to load monetary value to your User Account for future in-app payment purposes. Hello Order Credit can be used for in-app payment only, and cannot be used outside the Platform.

    2. Hello Order Credit is denominated and stored in Ringgit Malaysia (RM), which shall have the same monetary value as the amount loaded to your User Account. We accept cash deposits and top-ups (denominated in Ringgit Malaysia (RM) only) from the following sources, where the functions are made available on the Platform:

(i) credit/ debit card;

(ii) online banking; and/or

(iii) other e-wallet platforms.

  1. You may deposit or top-up Hello Order Credit to your User Account in fixed amounts as stated on the App from time to time. We do not charge any transaction fees for any deposit or top-up.

  2. Hello Order Credit shall be treated as cash and may be used to make in-app payments for your Delivery Orders, Dine-In Orders and/or Take Away Orders. Hello Order Credit users are entitled to exclusive discounts, deals, loyalty points, rewards and other benefits which may be used on the Platform, as may be provided by Hello Order from time to time. Customers may also be rewarded with Hello Order Credit bonuses from time to time in collaboration with other third party institutions to be used on the Platform.

  3. Each User Account will have a designated Hello Order Credit account, which is maintained by Hello Order. Customers may, at any time, access and view your Hello Order Credit balance, transaction history and other related information through your User Account.

  4. You acknowledge that there shall strictly be no withdrawals allowed in respect of the balances in your Hello Order Credit account. If your User Account is terminated for any reason whatsoever, or if you cease to be a user on the Platform, you acknowledge that such balance in your Hello Order Credit account shall be forfeited by Hello Order. You acknowledge that you deposit money at your own risk, and Hello Order shall not be responsible for any losses incurred by you in respect of any deposit or top-up of Hello Order Credit made by you to your User Account.

  5. You are responsible to verify and confirm the amount of your deposit or top-up before making a deposit or top-up of Hello Order Credit to your User Account. Hello Order strictly does not entertain claims of incorrect or erroneous deposit or top-up amounts of Hello Order Credit to your User Account, and we will not process a refund or withdrawal request in respect thereof save for extreme and unforeseen circumstances to be determined at Hello Order’s sole discretion.

  6. In the event that your Hello Order Credit balance is low or insufficient to make payment for your Delivery Order, Dine-In Order and/or Take Away Order, and if you do not wish to further top-up your Hello Order Credit balance, we allow you to off-set your remaining Hello Order Credit balance with such payment due, and to use other accepted payment methods on the Platform to pay for any balance due.

  7. By using Hello Order Credit, you agree to immediately notify us if you notice any fraudulent activity or discrepancy in the balance of funds in your Hello Order Credit.

  1. Delivery and Fulfilment of Delivery Orders

    1. Delivery of a Delivery Order placed by you through the Platform will be facilitated by Hello Order appointed delivery partner through Riders who will provide delivery services to you. You acknowledge that Hello Order is merely acting as an intermediary between you and Riders.

    2. The acceptance by a Rider of undertaking delivery of your Delivery Order shall constitute a contract of service between you and the appointed Delivery Partner, to which Hello Order is not a party under any applicable law. It is clarified that Hello Order does not provide any delivery or logistics services and only enables the delivery of Items ordered by Customers through the Platform by connecting Customers with the Riders.

    3. Riders will deliver your Delivery Order to the delivery address provided by you. Your order will only be delivered to the address designated by you at the time of placing the Delivery Order on the Platform. We reserve the right to cancel the Delivery Order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.

    4. You may choose for your Delivery Order to be delivered “immediately” or scheduled for a specific time. An estimated delivery time will be provided to you via Whatsapp confirmation but delivery times may vary depending on various factors that are not within our control, for example, order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc. You can view the remaining delivery time of a Delivery Order when you click on ‘Active Orders’ on the Platform.

    5. You acknowledge that the delivery time we provide is only an estimate and Delivery Orders may arrive earlier or later. To ensure that you do not miss a delivery of a Delivery Order, you should ensure that either you or someone is at the delivery location to receive the Delivery Order once a Delivery Order is placed. If your Delivery Order contains alcohol or tobacco (if applicable) and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, Rider reserves the right not to deliver your Delivery Order to you.

    6. You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorisations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.

    7. Where Hello Order is facilitating delivery of a Delivery Order placed by you, Hello Order shall not be liable for any acts or omissions on part of Riders including deficiency in service, wrong delivery of Delivery Order, time taken to deliver the Delivery Order, Delivery Order package tampering, etc.

    8. You understand that our liability ends once your Delivery Order has been delivered to you.

    9. You agree that Hello Order is authorised to collect, on behalf of Riders, the Delivery Charges for the delivery service provided by our Delivery Partner. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Merchants, order value, distance, demand during peak hours. Hello Order will use reasonable efforts to inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.

  2. Unsuccessful or Failed Deliveries

    1. In cases where Riders attempt to deliver a Delivery Order but are unable to do so due to the reasons caused by you, including but not limited to:

    2. incorrect particulars, e.g., contact number, delivery address etc.,

    3. no one was present or available to receive the Delivery Order; or

    4. you were uncontactable despite multiple attempts by the Riders to reach you via the phone number linked to your User Account; or

    5. lack of appropriate or sufficient access to deliver the Delivery Order successfully;

    6. lack of a suitable or secure location to leave the Delivery Order; or

    7. in the case of Restricted Items, you do not meet the statutory age requirements or Riders do not deem it safe or appropriate for you to receive the Restricted Items,

    8. Hello Order reserves the right to cancel the Delivery Order without refund or remedy to you.

  3. Complaints and Refunds

    1. Upon receipt of your Delivery Order, Dine-In Order and/or Take Away Order, if you discover that there are issues with your Delivery Order, Dine-In Order and/or Take Away Order, for instance, issues pertaining to food efficacy, quality, food spillage, foreign object in food, delivery of the wrong order, defective order, missing items, or any other such issues, please contact our customer support immediately.

    2. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of Merchant and the specific Delivery Order, Dine-In Order and/or Take Away Order to which the complaint relates, to enable satisfactory resolution of the complaint.

    3. In some cases, we may request for photographic proof and/or additional information to properly investigate the issue with your Delivery Order, Dine-In Order and/or Take Away Order before any resolution can be provided. If we determine that the Delivery Order, Dine-In Order and/or Take Away Order and/or Items you received are not of satisfactory condition or quality, we will compensate you for your Delivery Order, Dine-In Order and/or Take Away Order or parts of your Delivery Order, Dine-In Order and/or Take Away Order, either in the form of cash, e-wallet payment or Hello Order Credit (if any), as shall be determined by us in our sole discretion.

    4. You may be entitled to a refund up to 100% of the Delivery Order, Dine-In Order and/or Take Away Order value if Merchant fails to deliver the Delivery Order, Dine-In Order and/or Take Away Order to you due to causes attributable to Hello Order, however such refunds will be assessed on a case to case basis by Hello Order.

    5. The orders placed by Customers using the Platform are non-cancellable and non-refundable except if refund is requested under the following conditions:

      1. if the Merchant cancels the order due to reasons not attributable to Customers, including but not limited to store is closed, non-availability of items, store cannot service online orders at the moment, store is overcrowded, etc.

      2. if Hello Order cancels the order due to reasons not attributable to Customers, including but not limited to non-availability of Merchants, etc.; or

      3. any other reasons as shall be deemed reasonable by Hello Order in its sole discretion.

    6. Our decision on refunds shall be final and binding. Hello Order reserves the right at all times to issue refunds to Customers in the form of Hello Order Credit (if any) or direct online bank transfer, irrespective of the payment method used by Customers.

    7. All refunds will be processed in the same manner as they are received, or if Hello Order so elects at its sole and absolute discretion, may be provided in the form of Hello Order Credit which will be credited directly to your User Account. The refund amount will be reflected in your bank account or User Account, as the case may be, based on respective banks’ and Hello Order’s policies. You are advised that the processing of the payment of any refunds may take up to seven (7) to fourteen (14) working days.

  4. Vouchers, Discounts and Promotions

    1. From time to time, we may run marketing and promotional campaigns which offer vouchers, promo codes, discounts, and other promotional offers to be used on the Platform (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

    2. Vouchers can only be used by you subject to such terms and conditions set forth by Hello Order from time to time.

    3. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.

    4. Unless otherwise stated, Vouchers can only be used on our Platform.

    5. Vouchers cannot be exchanged for cash.

    6. We reserve the right to void, discontinue or reject the use of any Voucher without prior notice.

    7. We may exclude certain Merchants from the use of Vouchers at any time without prior notice to you.

  5. Specific Restrictions

    1. You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to the Platform, which we would consider inappropriate, or which might bring us or the Platform into disrepute, including (without limitation):

      1. removing any proprietary notices from the Platform;

      2. taking any action that may undermine the feedback or ratings systems of the Platform;

      3. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Platform or data regarding other users, including User Data, user ID, password and e-mail address, without our consent;

      4. tampering with or modifying the Platform, knowingly transmitting viruses, worms or other disabling features, or damaging or interfering with the Platform, including using trojan horses, viruses, timebombs, keystroke loggers, spyware or other similar feature or piracy or programming routines that may damage or interfere with the Platform;

      5. using the Platform in any way that interferes with any user’s access to the Platform;

      6. attempting to copy, reproduce, exploit or expropriate the Platform’s various proprietary directories, databases and listings;

      7. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

      8. using the Platform to defame, harass, threaten, menace or offend any person;

      9. using the Platform to send unsolicited, bulk or junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

      10. modifying, copying, adapting, reproducing, making derivative works of, dissecting, decompiling, disassembling, reverse compiling or reverse engineering any part of the Platform;

      11. uploading, emailing, posting, transmitting or otherwise making available any content on the Platform that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

      12. uploading, emailing, posting, transmitting or otherwise making available any content on the Platform that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

      13. otherwise deriving or determining or attempting to derive or determine the source code (or algorithms, structure or organisation) of any software underlying the Platform;

      14. interfering with, disrupting, or creating an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such servers or networks;

      15. attempting to gain unauthorised access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means;

      16. forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Platform;

      17. accessing the Platform in order to build a similar or competitive application, product, or service;

      18. taking any action that constitutes voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Platform);

      19. manipulating the price of any item or interfering with other merchants’ listings;

      20. engaging in any activities that would otherwise create any liability for us or our affiliates;

      21. bypassing the internal workings (including security features) of the Platform (including changing the coding or interface of the Platform);

      22. “doxing” other users on the Platform, including revealing the personal information of other users (including names, email addresses, addresses and phone numbers);

      23. access the Platform, open a user account, or otherwise access your User Account using an emulator, simulator, bot or other similar hardware or software;

      24. using software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform; and/or

      25. instructing, authorising, facilitating or assisting a third-party to do any of the above acts.

    2. Certain areas of the Platform are restricted from being accessed by you and we may further restrict access by you to any areas of the Platform, at any time and from time to time, at our absolute discretion. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Hello Order, unless you have been specifically allowed to do so, by way of a separate agreement with Hello Order.

    3. You are prohibited from using the Platform, including the Content, in any way that competes with our business.

    4. You acknowledge that Hello Order has no obligation to monitor your or anyone else's access to or use of the Services for violations of this Agreement, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with this Agreement and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

  6. Updates and Upgrades to the Services

    1. Hello Order is constantly evolving to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Hello Order provides, may require effecting certain changes in it, therefore, Hello Order reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the Platform without any prior notice.

    2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services).

    3. You acknowledge and agree that if Hello Order disables access to your User Account in the event you failed to update or upgrade the Hello Order software, you may be prevented from accessing the Services, your account details or other content, which is contained in your account. You agree to hold us harmless in respect of any losses which you may suffer due to us disabling your access to your User Account.

  7. User Feedback

    1. If you share or send any ideas, suggestions, changes or documents regarding Hello Order’s existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Hello Order is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Hello Order may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) by providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback and fully exploit such Feedback and related information in any manner we deem appropriate, and you irrevocably waive, against Hello Order and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.

    2. Please provide only specific Feedback on Hello Order’s existing products or marketing strategies; do not include any ideas that Hello Order’s policy will not permit it to accept or consider.

    3. Notwithstanding the abovementioned clause, Hello Order or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Submissions") in any form to Hello Order or any of its employees.

    4. The purpose of this policy is to avoid potential misunderstandings or disputes when Hello Order’s products or marketing strategies might seem similar to ideas submitted to Hello Order. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.

    5. You agree that: (1) your Submissions and their contents will automatically become the property of Hello Order, without any compensation to you; (2) Hello Order may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Hello Order to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

  8. Transactions Between Users

    1. Through the Platform, our Services merely provide for the exchanging of information between its users (i.e. Merchants, Customers and Delivery Partner/Rider). Each sale and purchase transaction on the Platform will form a binding contract between the users. However, for any transaction between the users, Hello Order does not represent either Merchant, Customer or Rider in each specific transaction (including any cancellations, returns, or refunds).

    2. All commercial/contractual terms are offered by and agreed to between Customers and Merchants alone. Hello Order does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between Customers and Merchants. Hello Order may, however, offer support services to Merchants in respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Merchants.

    3. Hello Order is not a manufacturer, seller, retailer or distributor of Items, nor is it in the delivery business or a common carrier. It merely places an order against Merchants on behalf of Customers pursuant to the unconditional and irrevocable authority granted by Merchants to Hello Order, and facilitates the sale and purchase of Items between Customers and Merchants, under the contract for sale and purchase of Items between the Customers and Merchants. As such, Hello Order does not control or guarantee, and is not liable or responsible for, the quality, safety, lawfulness or availability of the Items offered for sale on the Platform.

    4. Hello Order is not responsible for any non-performance or breach of any contract entered into between Customers and Merchants on the Platform. Hello Order cannot and does not guarantee that the concerned Customers and/or Merchants will perform any transaction concluded on the Platform. Hello Order is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of Items which are out of stock, unavailable or back ordered.

    5. Hello Order is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Customers and Merchants on the Platform come into or take possession of any of the Items offered by Merchants. At no time shall Hello Order hold any right, title or interest over the Items nor shall Hello Order have any obligations or liabilities in respect of such contract entered into between Customers and Merchant.

    6. Customers accessing or using the Platform shall assume the risks of conducting any sale transactions in connection with or through the Platform. Customers accessing or using the Platform shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the Items that are the subject of the transactions on the Platform. Examples of such risks shall include, but are not limited to, misrepresentation of Items, fraudulent schemes, unsatisfactory Items quality, failure to meet specifications, defective or dangerous Items, unlawful Items, delay or default in delivery of Items, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of Items offered or displayed on the Platform may violate or may be asserted to violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third-party (“Third-Party Rights”), and the risk that you may incur costs of defence or other costs in connection with third-parties’ assertion of Third-Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to the assertion of rights, demands or claims by claimants of Third-Party Rights. All of the foregoing risks are referred to as "Transaction Risks". Hello Order is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.

    7. Each agreement entered into for the sale of a Merchant’s Items to a Customer shall be an agreement entered into directly and only between the Merchant and the Customer. In the event that you have a dispute with any party to a transaction, you agree to release and indemnify Hello Order (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.

  9. Collection and Use of Your Information

    1. You acknowledge that when you access and use the Platform, we may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the Platform. You may also be required to provide certain information about yourself as a condition to accessing and using the Platform or certain of its features or functionality. All information we collect through or in connection with the Platform are subject to our Privacy Policy.

    2. We will process and may disclose personal data including sensitive personal data (as defined in the Personal Data Protection Act 2010) relating to you, and you consent to the processing and disclosure of such data. You agree to keep us informed of any changes to your personal data at all material times.

  10. Third-Party Software and Application Programming Interface (“API”)

    1. We may use third-party software and APIs when providing services on the Platform. We do not guarantee the reliability of such third-party software or APIs. You agree that we are not liable for any loss or damage whatsoever incurred or suffered by you arising out of our use of such third-party software or APIs.

  11. Communications

    1. By electing to submit your phone number and email address to us and agreeing to this Agreement, you agree to receive communications from us, including via email, text messages (including SMS and MMS), calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialling systems or email notification systems. These communications include, for example, operational communications concerning your account or use of the Platform, updates concerning new and existing features on the Platform, communications concerning promotions run by us or third parties, and news relating to the Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send. If you submit someone else’s phone number or email address to us to receive communications from us, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from us.

    2. If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the Platform, you may opt-out or unsubscribe using your User Account settings.

  12. Breaches by Users

    1. If you breach any of the terms of this Agreement, or if Hello Order has reasonable grounds to believe that you are in breach of any of the terms of this Agreement, Hello Order shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating your User Account and any and all accounts determined to be related to such User Account by Hello Order in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, suspending or terminating your access to current or future use of any Services or Items offered by the Platform; (iii) imposing other restrictions on your use of any features or functions of the Platform as we may consider appropriate in our sole and absolute discretion; (iv) temporarily withhold any refunds and/or (v) any other corrective actions, discipline or penalties as we may deem necessary or appropriate in our sole and absolute discretion.

  13. Indemnity

    1. You agree to indemnify, defend and hold harmless and keep indemnified, defended and held harmless Hello Order and its licensors, officers, partners, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable advocates and solicitors’ fees, arising from or relating to your use or misuse of the Platform or the placement or transmission of any message, information, software or other materials through the Platform by you or users of your User Account or related to any breach of this Agreement by you or users of your User Account.

  14. Disclaimer of Warranties

    1. The Platform is provided to you on an “as is where is” basis and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Hello Order, on its behalf and on behalf of its affiliates, licensors and its service providers, expressly disclaims all:

      1. conditions and warranties, whether express, implied, statutory or otherwise, with respect to the Platform including but not limited to the commercial and non-commercial merchantability, quality, fitness, purpose, title, non-infringement and any implied terms and warranties of the Platform;

      2. representations, by any means, as to the availability, accessibility, uninterrupted access, operation, performance of the Platform or any other Items accessed via the Platform; and

      3. indemnification arising from course of dealing or course of performance in connection with this Agreement.

    2. To the maximum extent permitted by law, Hello Order makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the Platform. Hello Order does not represent or warrant that the manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of Items offered or displayed on the Platform does not violate any third-party rights. Further, Hello Order makes no representations or warranties of any kind concerning any Items offered or displayed on the Platform.

    3. No advice or information, whether oral or written, obtained by you from the Platform or any materials or content available through the Platform will create any warranty that is not expressly stated in this Agreement. You assume all risk for any damage that may result from your use of or access to the Platform, and any material or content available through the Platform.

    4. Further, by using the Services, you agree to the following disclaimers by Hello Order:

      1. The Content is for informational purposes only. Hello Order disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Hello Order reserves the right to make changes and corrections to any part of the Content at any time without prior notice.

      2. Hello Order does not guarantee quality of the Items, that the prices listed on the menus will not be subject to change or the availability of all Items.

      3. Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on Merchants’ listing page on the Platform is for informational purposes only. Such Certification is displayed by Hello Order on an 'as available' basis that is provided to Hello Order by the Merchants. Hello Order does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such user's own risk and Hello Order in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Merchants.

    5. Whilst we use reasonable efforts to ensure that our online platform is free from viruses and other malicious or harmful content, we cannot guarantee that your use of the Platform (including any content on it or any website accessible from it) will not cause damage to your computer or any other device. Except if required by applicable law, we shall not be liable to you for any loss or damage, which you may suffer as a result of viruses or other malicious or harmful content.

  15. Limitation of Liability

    1. In no event will Hello Order, its affiliates and its respective licensors, shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, direct, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data or exposure of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the Platform, any performance or non-performance of the Platform, or any other product, service or other item provided by or on behalf of Hello Order.

    2. Hello Order provides a technology platform facilitating the transmission of Delivery Orders by Customers to Merchants for pickup or delivery by Riders. Hello Order will not assess or guarantee the suitability, legality or ability of any Merchant or Rider. You agree that Hello Order is not responsible for the Merchants’ food preparation or the safety of the food, and does not verify Merchants’ compliance with applicable laws or regulations.

    3. You acknowledge and agree that Hello Order does not accept any responsibility or liability for the acts or omissions of any Merchant or any Rider including deficiency in service, wrong delivery of Deliver Order/Deliver Order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.

    4. Please note that some of the Items may be suitable for certain ages only. You should check the Items you are ordering and read its description, if provided, prior to placing your Delivery Order, Dine-In Order and/or Take Away Order. Hello Order shall not be liable in the event the Items ordered by you does not meet your dietary or any other requirements and/or restrictions.

    5. Access to, and use of, the Platform are entirely at your own discretion and risk. You understand and agree that you will use or access the Platform, or otherwise purchase or order any Items through the Platform, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or the loss of data that results from the use of the Platform.

    6. Hello Order has no special relationship with or fiduciary duty to you or any other third-party. It is your responsibility to ensure that you order Items on the Platform which suits your needs.

    7. In the event of any typographical, clerical or other error or omission in any invoice or other document or information issued by us on the Platform, such error or omission shall be subject to correction without any liability on our part.

    8. In the event that any limitation or exclusion of liability in this Agreement is not enforceable, our total liability for any claim arising out of or relating in any manner to the access and/or use (or inability to access and/or use) of the Platform is limited to RM 100 only. We do not exclude liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law.

  16. Termination of this Agreement

    1. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your and any device’s access to all or any part of the Services, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

    2. You may choose to terminate your User Account by giving us a notice in writing (including via email at info@helloorder.my). Our approval to such termination application is subject to you completing all the outstanding transactions on the Platform, including payment and receipt of the Items ordered.

  17. Downloading the Apps from the App Store (If any)

    1. The following terms apply when you download the App from Apple App Store/ Google Play Store/ HUAWEI AppGallery (“App Store”).  These terms are in addition to all other terms contained in this Agreement. You acknowledge and agree that (i) this Agreement is concluded between you and Hello Order only, and not Apple/ Android/ Huawei; and (ii) Hello Order, not Apple/ Android/ Huawei, is solely responsible for the App and content thereof.  Your use of the App must comply with the relevant App Store’s Terms of Service.

    2. You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).

  18. Force Majeure

    1. You acknowledge and agree that we have no control over the availability of the Platform on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. We are not responsible or liable for failure or delay of performance caused by act of war, hostility, or sabotage; act of God; electrical, internet or telecommunication shortage or outage; interruption or failure of telecommunication or digital transmission links; hostile network attacks; network congestion; national, state, or local government restrictions or intervention; pandemic, epidemic or any other event that is beyond our reasonable control, whether foreseeable or not (“Force Majeure Event”).

    2. Where the access to the Platform are interrupted or we are unable to perform the services offered on the Platform for a continuous period of more than twenty one (21) calendar days by reason of a Force Majeure Event, either party shall have the right to terminate this Agreement.

  19. Invalidity and Severability

    1. If any provision of this Agreement is found by any court or administrative body or competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then:

      1. such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;

      2. the remaining provisions of this Agreement shall remain in full force and effect; and

      3. the parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible of the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.

  20. Assignment

    1. You may not assign, transfer or sub-contract any of your rights and obligations under this Agreement to any other person without our prior written consent.

    2. We may assign, transfer or sub-contract all or any of our rights and obligations under this Agreement at any time without your consent to:

      1. our subsidiary or related/affiliated company;

      2. an acquirer of our equity, business or assets; or

      3. a successor by merger.

  21. Waiver

    1. If a party waives any right under this Agreement, it must be done in writing. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. A waiver of a breach of a term in this Agreement does not operate as a waiver of another breach of the same term or any other term in this Agreement.

  22. Equitable Remedies

    1. You acknowledge that the rights granted, and obligations made under this Agreement to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us, and which cannot be replaced by monetary damages alone. As such, we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

  23. Governing Law and Jurisdiction

    1. This Agreement is governed by, and construed in accordance with, the laws of Malaysia. The courts of Malaysia are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.

  24. Entire Agreement

    1. This Agreement, our Privacy Policy and other agreements, policies and rules posted on the Platform constitute the entire agreement between you and Hello Order with respect to the Platform and supersede all prior or contemporaneous understanding and agreements, whether written or oral, with respect to the Platform. This Agreement creates no third-party beneficiary rights.

  25. Electronic Communication

    1. For contractual purposes, you consent:

      1. to receiving communications from us in an electronic form via the last email address and/or Whatsapp number you have submitted to us; and

      2. that any terms and conditions, agreements, policies, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

    2. Notice will be deemed given twenty (24) hours after:

      1. the e-mail is sent to the last email address that you have provided to us; or

      2. the notice is posted on the Platform.

  26. Copyright and Trademark Information

    1. Copyright © 2020 Hello Order. All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.

  27. How To Contact Us With Questions?

    1. If you wish to contact us for any matters relating to the Platform, or if this Agreement requires you to give notice to us in writing, please send an email to info@helloorder.my.

    2. You may also contact our Customer Service via our social media and multi-chat channels for any enquiry. We are currently on Facebook, Messenger and Whatsapp. Our experienced customer service representatives will be ready to guide you through any enquiries you may have.

    3. For the avoidance of doubt, if you have any questions in relation to the Items (including in relation to its description, quality, safety, functionality, lawfulness, etc), please contact the Merchants directly.