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Terms and Conditions

Terms and conditions

 Please read carefully our Terms and Conditions Before Placing food or grocery order on Ziingo.com. By ordering Food or Grocery from Ziingofood.com.my or Ziingogocery.com.my through website, or mobile applications you agree to be bound by these Terms and Conditions.
 

1: Introduction:

Ziingo food and Grocery Malaysia is a Food and Grocery Delivery Service Own by Ziingo (Malaysia) Sdn.Bhd, a subsidiary of (Worldjunction LLC), unless otherwise stated.

2: Definitions:
    • "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
    •  "Privacy Policy" means the policy displayed on our Website which details how we collect and store your personal data;
    •  "you", "your" and "yours" are references to you the person accessing this Website and ordering any Food or Grocery from Ziingofood.com.my or ziingogrocery.com.my website or from our Mobile application;
    •  "we", "us", "our", and "Ziingo" are references to the Company;
    •  "Food or Grocery" is a reference to any goods which we may offer for sale from our Website from time to time;
    • "Service" or "Services" is a reference to any service which we may supply and which you may request through our Website or mobile app;
    • "Participating Restaurant or Grocery Store" is a third party, which has agreed to co-operate with the Company to prepare the food or grocery items we may offer for sale.
    • "Food and Grocery Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Restaurants and Grocery Stores and for both of which our Participating Restaurants and Grocery Stores take full responsibility; and
    •  "Website" is a reference to our Website ziingofood.com.my or Ziingogrocery.com.my or our mobile applications on which we offer our Food or Grocery Services.
    3: Ordering
    • Any contract for the supply of Food or Grocery from this Website is between you and the Participating Restaurant and Grocery Store; for the Delivery of Food or Grocery from this Website any contact is between you and Ziingo Malaysia. You agree to be careful when providing us with your details and making sure that these details are accurate and complete at the time of ordering.

    • Food or Grocery purchased from this Website are intended for your use only and not for resale or that you are acting as principal only, not as agent for another party when receiving the Services.
    • Please note that some of our Goods may be suitable for certain age or race. You should check that the food or Grocery you are ordering is suitable for the intended recipient.
    • When ordering from Ziingofood.com.my or Ziingogrocery.com.my, you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
    • We will take all reasonable steps within our power to keep details of your order safe and secured, but in a situation beyond our control, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
    • Any order that you place with us is subject to the Food or Grocery Items availability, delivery capacity and acceptance by us and the Participating Restaurant and Grocery Stores. When you place your order online, we will send you an email to confirm as well as text message (in most occasion) that we have received the order. This confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Restaurant or Grocery Store will be able to fill your order. Once we have sent the confirmation. we will check availability and delivery capacity.
    • If the ordered Food or Grocery and delivery capacity is available, the Participating Restaurant or Grocery Store will accept the contract and confirm it to Ziingo. If the details of the order are correct, the contract for the Food or Grocery Delivery will be confirmed by text message (SMS).
    • In the case that Food or Grocery offered by Ziingo were ordered, Ziingo will confirm availability together with or separately from Delivery personnel.
    • The confirmation message will specify delivery details including the approximate delivery time specified by the Participating Restaurant or Grocery Shop and confirm the price of the Delivery and items ordered.
    • If the Food or Grocery ordered are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.
    4: Prices and Payment
    • Credit Cards payment are available currently on Ziingofood.com.my and Ziingogrocery.com.my as well as. "Pay On Delivery" options. 
    •  All prices listed on the Website are correct at the time of publication; however, we reserve the right to alter these prices in the future. Prices are inclusive of the relevant sales tax and delivery charges. We also reserve the right to alter the Food or Grocery available for sale on the Ziingofood.com.my and ziingogrocery.com.my Website or apps and to stop listing restaurants or Grocery Stores.
    •  All prices listed on the Website for delivery was done by the Participating Restaurant or Grocery Stores which reflect the price the Participating Restaurant or Grocery Stores sell their Food or Grocery items. We make sure the prices are up to date. In case the price listed is not correct or updated or changed and the restaurant informs us immediately after placing the order, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
    • All prices for prices or delivery charges listed on the Website are correct at this moment, however, we reserve the right to alter these in the future.
    • The total price for Food or Grocery ordered, including delivery charges and other charges, will be displayed on the Website when you place your order.
    • Our Services are on Pay On Delivery, Internet banking as well as credit/debit card payment. You must always make sure you are present on the address you provide during order to avoid delivery personnel waiting for you when reach the address.
    • Confirmed payments receipts are processed by Ziingo via text message and email.
    5: Delivery
    •  Delivery periods quoted at the time of ordering are approximate only and may vary. Items ordered will be delivered to the address designated by you at the time of ordering.
    • All orders are delivered by our reputable dispatch personnel. We and the Participating Restaurant and Grocery Store will make every effort to deliver within the time stated, If the Goods are not delivered within the estimated delivery time quoted by us, please contact us.
    • In case of a late delivery, the delivery charge will neither be voided nor refunded by Ziingo.
    • All risk in the Grocery and the Food shall pass to you upon delivery.
    • If you fail to accept delivery of Food or Grocery at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then your information will be blacklisted on our database and will not be about to order any item from Ziingo for a period of 6 months. 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 if you want to proceed ordering food or grocery on ziingofood.com.my or Ziingogrocery.com.my.
    • You must ensure that at the time of delivery of Food or Grocery are adequate in arrangements, including access where necessary, are in place for the safe delivery of such items. We cannot be held liable for any damage, cost or expense incurred to such items or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
    • Please note that it might not be possible for our delivery personnel to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;
  • Section 6: Cancellation
    • You must notify us immediately if you decide to cancel your order, preferably by phone, and quote your order number. If we accepts your cancellation, no cancellation fee applies. If the restaurant refuses cancellation, e.g. because preparation of Food or grocery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. You will be required to take possession of the order which has been already dispatched.
    • We may cancel a contract if the product is not available for any reason. We will notify you if this is the case.
    •  If the cancellation was made in time and once we have accepted your cancellation, we will delete the order from your account and stop the order from delivery to you.
    • In the unlikely event that the Participating Restaurant or Grocery Store prepare a wrong item, you have the right to reject the delivery of the wrong item and you will not be required to pay for the order. If the Participating Restaurant or Grocery Store can change the order with items available as an alternative. We will inform you and propose a replacement for missing items. You have the right to refuse our item replacement proposal.
  • 7: Information
    •  Where we have requested information from you to provide Food or Grocery Delivery, you agree to provide us with accurate and complete information.
    • You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing and for future order track record 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 this is required by law or in order to provide the Food or Grocery Delivery to you.
    • 7.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
  •   8: Linked Sites:      
  •        
  • There may be a number of links on our Website to third party Websites which we believe may be of interest to you. 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 or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.

  • Section 9: Complaint.

  •  We take complaints very seriously and aim to respond to your complaints within  business days. All complaints should be addressed to "complaint@ziingo.com"
  • 10: Limitation of Liability

    • We make sure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant 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 that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
    • By accepting these terms of use 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, beverages and Grocery items from a Participating Restaurant and Grocery Stores.
    • 10.3. We disclaim any and all liability to you for the supply of  Food or Grocery to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant item. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of food or grocery on ziingofood.com.my and ziingogrocery.com.my.
    • We do not accept 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.
    • We shall not be held liable for any failure or delay in performing Services or delivering items where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, 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.
    • If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
    • The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
    • 10.8. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
    • In the event Ziingo has a reasonable belief that there exists an abuse of vouchers and/or discount coupon codes or in suspected instances of fraud, Ziingo may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, Ziingo reserves the right to cancel orders from all violators.
    • Offers are subject to Ziingo's discretion and may be withdrawn at any time and without notice.
  •   11: General
    • All prices are in Malaysia Ringgit (RM). GST is included where indicated
    • We may subcontract any part or parts of the items that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
    • We may alter or vary the Terms and Conditions at any time without notice to you.
    • Our delivery personnel will be assign the to collect the payment and charges of the items delivered to you.
    • Payment (for now) must be made at the time of delivery by cash. Failure to pay our delivery personnel will result to blacklisting of your data and report such activities to the appropriate authority.
    • Do not use or launch any automated system or program in connection with our website or its online ordering functionality;
    • 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.
    • The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
    • If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
    • These Terms and Conditions and our 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.
    • No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
    • These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysia Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysia Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

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