These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by Malaysia Carnival (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms.
The Platforms may be used by
– natural persons who have reached 18 years of age and
– corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.
Malaysia Carnival reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
1 Malaysia Carnival
1.1 Who we are
Malaysia Carnival (Online) will act as a platform to link all our partners and vendors to supply you with Goods and Services. Malaysia Carnival (Online) DO NOT have any profit share with these Partners and Vendors.
1.2 What we do
Through our Platforms, Malaysia Carnival links you to the Vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as “Goods”) to be delivered to you.
Malaysia Carnival only acts as a connecting platform to the Vendors. Thereafter, the Vendor will facilitate, process and conclude the order up to stage of delivery or fulfilment of goods and services.
Should there be any feedback on Goods/Services purchased, these should be directly reverted to the Vendors and NOT Malaysia Carnival.
Malaysia Carnival shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information directly with the Vendor.
1.3 How to contact us
For suggestion on Malaysia Carnival, you may reach out to us via email, whereas for Vendor-related matters, should be direct to the Vendor itself.
2 Use of the Platforms and Malaysia Carnival Account
2.1 You will need to register for a Malaysia Carnival account for you to use the Platform. When you register for a Malaysia Carnival account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe.
2.2 If you wish to delete your Malaysia Carnival account, please send us an email requesting the same. We may restrict, suspend or terminate your Malaysia Carnival account and/or use of the Platforms, if we reasonably believe that:
2.3.1 someone other than you is using your Malaysia Carnival account; or
2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.
3 Restrictions
3.1 Activities Prohibited on the Platforms:
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Malaysia Carnival reserves the right to investigate and take appropriate legal action against anyone who, in Malaysia Carnival’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
3.1.1 using the Platforms for any purpose in violation of local, state, or federal laws or regulations;
3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Malaysia Carnival in its sole discretion or pursuant to local community standards;
3.1.4 posting content that constitutes cyber-bullying, as determined by Malaysia Carnival in its sole discretion;
3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
3.1.6 posting telephone numbers, street addresses, or last names of any person;
3.1.7 posting URLs to external websites or any form of HTML or programming code;
3.1.8 posting anything that may be “spam,” as determined by Malaysia Carnival in its sole discretion;
3.1.9 impersonating another person when posting content;
3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;
3.1.12 harassing, threatening, stalking, or abusing any person on the Platforms;
3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Malaysia Carnival, exposes Malaysia Carnival or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
3.1.14 encouraging other people to engage in any prohibited activities as described herein.
3.2 Malaysia Carnival reserves the right but is not obligated to do any or all of the following:
3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
3.2.3 suspend or terminate a user’s access to the Platforms or their Malaysia Carnival Account upon any breach of these Terms;
3.2.4 monitor, edit, or disclose any content on the Platforms; and
3.2.5 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.
4 Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing materials, whether registered or unregistered, are the intellectual property of Malaysia Carnival and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Malaysia Carnival’s trademarks on any other website not approved by us is strictly prohibited. Malaysia Carnival will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Malaysia Carnival neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Malaysia Carnival. Use of any materials on the Platforms is at your own risk.
5 Restrictions on Goods
5.1 Some of the Goods our Vendors offer on their Platforms are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. 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 of the time being in force.
5.2 Alcohol / Alcoholic Products (“Alcohol”)
To purchase Alcohol, you must be of the statutory legal age. Vendors and their delivery riders, as the case may be, reserve the right in their sole discretion:
5.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Alcohol;
5.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or
5.2.3 to refuse delivery to any persons for any reason whatsoever.
5.3 Cigarettes/Tobacco Products (“Tobacco”)
5.3.1 Our Vendors may offer Tobacco on their Platforms where the laws allow. By 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.
5.3.1 To purchase Tobacco, you must be of the statutory legal age. The Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:
to ask for valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;
to refuse delivery if you are unable to prove you are of legal age; and/or
to refuse delivery to any persons for any reason whatsoever.
5.4 Any offer for any Alcohol and Tobacco made on the Platforms is void when it is prohibited by law.
6 Orders
Malaysia Carnival only acts as a connecting platform to the Vendors. Thereafter, the Vendor will facilitate, process and conclude the order up to stage of delivery or fulfilment of goods and services. Should there be any feedback on Goods/Services purchased, these should be directly reverted to the Vendors and NOT Malaysia Carnival. Malaysia Carnival shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information directly with the Vendor.
7 Vouchers, Discounts and Promotions
7.1 From time to time, Malaysia Carnival may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
7.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
7.3 Unless otherwise stated, Vouchers can only be used on our partnering Vendors’ Platforms.
7.4 Vouchers cannot be exchanged for cash.
7.5 Malaysia Carnival reserves the right to void, discontinue or reject the use of any Voucher without prior notice, while Vendors’ terms & conditions apply.
8 Representations, Warranties and Limitation of Liabilitie
8.1 Representations and Warranties
You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While Malaysia Carnival makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
8.2 Limitation of Liability
To the extent permitted by law, Malaysia Carnival (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Malaysia Carnival entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Malaysia Carnival entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Malaysia Carnival, the Malaysia Carnival entities, its agents, representatives and service providers’ liability shall be limited to the extent permitted by law.
8.3 Vendor’s representations
Malaysia Carnival shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods and where Vendor Delivery applies to your Order. Malaysia Carnival does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.
9 Vendor Liability
Vendors are responsible for the preparation, condition and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. Malaysia Carnival shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.
10 Personal Data (Personal Information) Protection
You agree and consent to Malaysia Carnival and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms, and shall form a part of these Terms.
11 Indemnity
You agree to indemnify, defend, hold harmless Malaysia Carnival, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.
12 Third Party Links and Websites
The Platforms may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. Malaysia Carnival does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. Malaysia Carnival accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.
13 Termination
Malaysia Carnival has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Malaysia Carnival, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Malaysia Carnival may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
14 Amendments
Malaysia Carnival may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.
15 Severability
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
16 Governing Law
These Terms shall be governed and construed in accordance with the laws of the country/courts of jurisdiction in which the relevant Malaysia Carnival entity is incorporated as set out in the table below. The following courts will have jurisdiction over any dispute or claim arising out of or in connection with the use of the Platforms.
17 Contact Us
If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support.
18 Prevailing Language
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.
Effective Date: June 18th, 2021