We are ASAP, a platform for you to order Food, Goods and Services. Please read these terms and conditions (“Terms and Conditions”) carefully before placing any order for any Food, Goods or Services from this Website. You shall be deemed to have agreed to the Terms and Conditions by ordering any Goods or Services through the Website, whether by phone, mobile or otherwise.
1.1 In these Terms and Conditions, unless inconsistent with the context or otherwise specified, the following definitions will apply:
|“Force Majeure Event”||Has the meaning given in Clause 9.5;|
|“Food Delivery”||means the delivery of foodstuff, drinks or otherwise perishable goods by a Restaurant and “Food” shall have the corresponding meaning;|
|“Goods”||means any goods which we may offer for sale from our Website from time to time;|
|“Purpose”||has the meaning given in Clause 6.2;|
|“Restaurant”||means the producer of foodstuff or otherwise perishable goods who has listed itself on our Website;|
|“Service”||means any services that may be offered by us or a Restaurant from time to time;|
|“you”, “your” and “yours”||means the person accessing this Website and ordering any Goods or Services through Website;|
|“we”, “us”, “our”, and “ASAP”||are references to ASAP or Cardinal Merit Sdn Bhd|
|“Website”||means the website www.getasap.my, our mobile application or any other channel provided by us on which Food, Goods or Services are available for order.|
2.1. Any order for Food Delivery from this Website is a contract between you and the Restaurant. You warrant that any and all details provided or purported to be provided by you are accurate and complete at the time of ordering.
2.2. We reserve the right to change the Food, Goods or Services available for sale through the Website and to stop listing Restaurants, Goods or Services from time to time.
2.3. Food Delivery, Goods and Services ordered from this Website are intended for your use only. You shall not resale any Goods or Food delivered and warrant that you are acting as principal only and not as agent for another party for the Services.
2.4. You warrant that the ordered Goods is suitable for the intended recipient.
2.5. You shall keep your email and password details secure and shall not provide this information to a third party.
2.6. We disclaim any and all liability whatsoever for any loss you may suffer from any unauthorized access to any of your data you provide when accessing or ordering from the Website except for direct damages due to our gross negligence or wilful misconduct.
2.7. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and/or the Restaurant, as applicable. We will confirm our receipt of your order by email and thereafter check availability and delivery capacity. You must inform us immediately if any details in the confirmation are incorrect.
2.8. If the ordered Food and delivery capacity are available, the Restaurant will accept the order. If the details of the order are correct, the order for the Food Delivery, Goods or Services will be confirmed by app notification.
2.9. The confirmation message will specify delivery details including the approximate delivery time specified by the Restaurant and confirm the price of the Food, Goods or Services ordered, as applicable.
2.10. If the Food Delivery, Goods or Services are not available or if there is no delivery capacity, the merchant may cancel your order and will notify you through the app.
3.1. You warrant that the credit or debit card details are your own and you have sufficient funds to make the payment.
3.2. All prices listed on the Website are inclusive of relevant tax and exclusive delivery charges.
3.3. All prices listed on the Website for Goods and Services by ASAP reflects the price at the time of listing. In case the price listed is not current, we will contact you to inform you about the price difference and you can choose to cancel the order.
3.4. All prices for delivery by ASAP or a third party provider listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future
3.5. The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Food and Goods despatched and Services provided. Payment has to be made [by cash or, if available on the website,] by online payment, e.g. credit or debit card. Failure to pay on time will result in the cancellation of your order.
3.7. If you choose online payment, you must pay for your order before it is delivered.
4.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Food and Goods will be delivered to the address designated by you at the time of ordering.
4.2. If Food is not delivered within the estimated delivery time listed on the Website, please contact the Restaurant first. You may thereafter contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
4.3. In case of any late delivery, there shall be no refund, reduction or waiver of any charges whatsoever by ASAP.
4.4. All risk in the Food and Goods shall pass to you upon delivery.
4.5. If you fail to accept delivery of the Food and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time or designated location due to your failure to provide appropriate instructions, or authorizations, 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. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
4.6. You must ensure that at the time of delivery of Food and/or Goods, adequate arrangements, including access where necessary, are in place for the safe delivery of such goods.
4.7. Restaurants and ASAP shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
4.8. Restaurants or ASAP will inform you using the contact details that you provide to us for cancellation of the order.
5.1. You must notify the Restaurant immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the Restaurant accepts your cancellation, no cancellation fee applies. If the Restaurant refuses cancellation, it may not be cancelled and there shall be no refunds.
5.2. We may cancel any order if the product is not available for any reason. We will notify you if this is the case and refund your payment, if an.
5.3. If any cancellation is accepted by us, we will refund or re-credit your debit or credit card within 14 working days.
5.4. If the Restaurant delivers a wrong item, you may reject the delivery of the wrong item and you shall be refunded for the missing item. If the Restaurant can only perform a partial delivery (a few items might be not available), the Restaurant should inform you or propose a replacement for the missing items. You may refuse a partial order before delivery and obtain a refund. ASAP is not responsible for wrong or partial delivery of Food. You shall settle such wrong or partial delivery directly with the Restaurant.
6.1. You warrant that any information you provide to us and/or the Restaurant is accurate complete and not misleading.
6.2. You authorize us and the Restaurants to use, store or otherwise process your personal information in order to provide the Food, Goods or Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where we believe this is required by law or in order to provide the Food, Goods or Service to you.
6.3. Please contact us if you wish to request for a copy of your personal information kept by us.
- Linked Sites
7.1. There may be a number of links on our Website to third party sites. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content, security or availability of such sites. We therefore cannot accept any responsibility for the content, safety or availability of such sites or the Services or Goods that they may provide to you.
8.1. We target to respond to your complaints within 5 business days. Please address all complaints to email@example.com
- Limitation of Liability
9.1. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We do not warrant, whether expressly or impliedly,
(i) that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server hosting the Website is free of viruses or bugs or shall always available; or
(ii) the functionality, accuracy or reliability of the Website.
9.2. You agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any Food from a Restaurant.
9.3. We disclaim any and all liability to you and any party for the supply of the Food, Goods and Services subject to consumer protection laws. Our liability to you and any party shall be limited to the amount paid for the relevant Food, Goods or Services. We disclaim any and all liability for any loss, damage or expense, including any direct or indirect loss to you or any party, including but not limited to loss of income or profit or third party claims howsoever arising except for your personal injury or your death due solely to our negligence.
9.4. We disclaim any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
9.5. Without prejudice to any other provision of this Agreement, we disclaim any and all liability for any failure or delay in performing Services or delivering any Food or Goods due to any act or omission, which is outside our reasonable control including but not limited to war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties (“Force Majeure Event”).
9.6. We may, where applicable, prioritise and/or adjust the provision of Food, Goods and Services at our absolute discretion upon the occurrence of any Force Majeure Event.
9.7. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, loss of data, loss of income or profit, loss of damage to property and/or loss from third party claims due to the use of the Website or for any products or services purchased through the Website.
9.8. While we endeavour to prevent online fraud and ensure the security of any data collected from you, we cannot be held liable in the unfortunate event of a breach of our servers or those of third parties.
9.9. In the event we suspect fraud or abuse of vouchers and/or discount codes and/or offerings in the Website, including but not limited to using any automated system or program in connection with our website or its ordering system, we may block access to the Website and reserve the right to refuse access or future service. We also reserve the right to seek compensation from any and all defaulting parties.
9.10. Offers, promotions and discounts are subject to our discretion and may be withdrawn at any time with or without notice.
10.1. All prices are in Malaysia Ringgit. GST is included where indicated.
10.2. We may subcontract any provision of the Goods or Services from time to time and you agree that we may assign and consent to the novation whether in whole or in parts these Terms and Conditions without any requirement to notify you.
10.3. We reserve the right to alter or vary the Terms and Conditions at any time without notice to you.
10.4. Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card or at the time of delivery by cash.
10.5. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
10.6. The Agreement 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, these Terms and Conditions shall prevail.
10.7. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, such term or condition shall be read down to the extent that it is no longer invalid, illegal or unenforceable, or if that is not possible, it shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
10.8. This Agreement shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia.
10.9. No delay or failure to enforce our rights or remedies under the Agreement shall constitute a waiver of such rights or remedies unless such waiver is confirmed in writing.
10.10. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
- Return/Refund Policy
11.1. To be eligible for a return or refund, you must contact us to discuss about your concerns.
11.2. As we deliver fresh food items we do not require you to return the items, but we do ask you to note the food item so we can track the delivery of your items and implement our quality control procedure.
11.3. Refunds (if applicable) after your concern is logged with our customer service, we will send you an email to notify you that we have registered your concern. We will also notify you of the approval or rejection of your refund.
11.4. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.