Publish: May 2020
These terms and conditions hereby govern the services that are made available by GetEat Sdn Bhd (“GetEat”). This whole agreement represents the understanding between GetEat, GetEat Parters, the Merchant(s) and GetEat User(s) who subscribe or are partners to our GetEat services/platform. All the parties refer formerly mutually agrees and are bound upon the terms and conditions set out herein. Please read these Terms and Conditions carefully as GetEat shall be exempted for any liability for non-compliance with the Terms and Conditions.
By acquiring and using the platforms, the users/merchant hereby reads, understands, agrees and accepts the applicable terms and services which may be updated by GetEat. GetEat reserves the rights to change or modify the Terms (including our policies which are incorporated into these terms) at any period of time. If you do not agree or dissent within the Terms, please do not use the Platforms.
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.
1.0 GetEat Application
- What does GetEat App do?
By using GetEat Application, users are able to make orders on a variety of prepared food by GetEat Partners. Users only self-pick up the food after notification has been sent from GetEat Partner to the user once the food preparation is completed. GetEat comes in as an operator on behalf of GetEat Partners to take orders, process and update the status of the order and user’s location to collect the orders by “Self-Pickup” once the order is completed. GetEat Partners may be owned by third party or by our affiliate companies. (Note: It is neither the obligation of GetEat or GetEat Partner(s) to deliver the food to the User(s), GetEat Partner(s) will only notify the User(s) of the completion of the prepared food, which shall be self-pick up by the User(s))
- Contact us
For customer service/support, users and partners are able to reach us via email:
Kindly enclose your details for our team to contact.
(IC, Phone Number, Email Address)
Related matters handled by our customer services:
- Problem face during the process of purchase
- Refund of payments
- Customer Feedbacks
2.0 Usage of GetEat App account
2.1 Registration of Account
Registration for GetEat account is required to access the application. During the registration process, GetEat will require the users to provide their personal information as below:
- Name / Phone Number / Valid Email Address / House Address
GetEat ensures that the customer’s details will be protected securely. GetEat User(s) account password should not be disclosed to any other parties for personal safety and users are solely responsible to keep their password safe at all times. In term of usage of GetEat application, you fully acknowledged and are responsible for the entire orders place under user’s GetEat account.
2.1.1 Registration Information
For user to complete the sign-up process in our site, user must provide your full legal name, current address, a valid phone number for OTP confirmation purposes, member name and any other information needed in order to complete the signup process. User must qualify that you are 18 years or older and must be responsible for keeping your own password secure and be responsible for all activities compacted under the user account. User must not transmit any worms or viruses or any code of a destructive nature.
2.2 Self-Pick up Orders
GetEat shall not be accountable for orders that encounter failure in Pick-up due to mislaid information provided by the users. User(s) shall provide accurate and complete information for the GetEat Team to properly process all the orders, information as listed above in section 2.1.
2.3 Termination of GetEat Account
2.3.1 If users wish to terminate your GetEat account, kindly drop an email to the customer service team as listed in Section 1.2 to complete the termination procedure. We will also terminate all the usage of your GetEat account if impropriate usage / abusive usage behaviours are encountered such as:
- Your GetEat account is misused by another person.
- We found your GetEat account has been involved with actions that has violated GetEat terms, guidelines and policies / actions that we deem in our sole discretion to be and abuse towards GetEat
2.3.2 In the event you have decided to terminate your GetEat User Account, your Personal Information will be securely kept in our system until it undergoes a deletion process
Immediate deletion is not possible due to technical limitations (in which case, your content may be deleted after satisfaction of our deletion process procedure from when you delete it);
The deletion process will not be satisfied if the Personal Information would restrict our ability to:
- Investigate or identify illegal activity or breaches of our Terms and Policies (for example, to identify or investigate misuse of our Products or systems);
- comply with a legal obligation, such as the preservation of evidence; or
- comply with a request of a judicial or administrative authority, law enforcement or a government agency;
- In which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
3.0 Protection from abusive Users
The following list will explain the types of actions that are prohibited on GetEat App Platforms. GetEat reserves the right to take appropriate legal actions against:
- Any purpose in violation of local, state, or federal laws or regulations.
- Any content posting that compose abusive social bullying as determined by GetEat.
- Collection of information about others, including e-mail addresses, personal information without their consent.
- Aggravating conducts that influence any other party from using and enjoying GetEat websites, GetEat application / advertise GetEat or any of its users, suppliers, or any other parties involved to any form of account or detriment.
- Impersonate and imitate information from GetEat platform and disclose the information without an endorsement for sole usage and personal purposes.
4.0 Restricted Goods
Parts of Goods offered in GetEat Platform are subjected to restrictions for purchase (“Restricted Goods”). These restrictions are inclusive of minimum age required for securing the items such as alcohol/alcoholic products that allows GetEat team to reserve the right to withdraw/decline the orders based on the legal requirements as applied.
Through GetEat App, ordering alcohol/alcoholic products are allowed subject to statutory legal age which is required to be disclosed. In view of these cases GetEat Partners reserved the right to:
- To decline / cancel the user’s order’s if user fabricated their information to purchase the goods.
- Present Identification card to validate the minimum age required for securing the goods.
- To decline / cancel the user’s orders with valid reasons.
5.0 Purchasing Procedures
5.1 Selection of Products listed in GetEat Application.
5.2 Grant access to the location setting in the GetDiscovery Feature allowing GetEat to present Partners listed nearest to your location.
5.3 Click on to my cart to proceed to check out, you are required to provide the Recipient Details as listed in Section 1.2.
5.4 Selection of Payment Method (Online Payment gateway / Online Bank Transfer)
5.5 Once payment is completed, please wait for the notification to inform you when it’s ready to be collected.
6.0 Refund Order
GetEat User(s) have the right to refund in the form of cash voucher after receiving a notification from GetEat Partner upon cases where there has been failure in preparing the Food or Out of Stock. Procedure of refunds as below:
- Users will receive notification and Cash Voucher will be compensated to the user’s account only.
- Out of Stock / Forcible Cancellation of order by GetEat Partner will automatically receive notification and Cash Voucher will be compensated to the user’s account.
(i) Failure/Unsuccessful of Self Pickup orders
No refund will be compensated to all failure / unsuccessful of self pickup orders. In case of some scenarios, where GetEat Partner has completed the food preparation and no one was there for the pick up due to the reasons caused by the user, inclusive as below:
- GetEat Partner is unable to contact the users despite attempts to reach customers via Phone due to unjustifiably phone number is provided.
- In term of Restricted Goods, customer unable to justify their age requirements or cases where is inappropriate for the customer to receive the Restricted Goods.
(ii) Mistake in Orders / Defective Orders
(iii) During the collection of goods process, if users found out that there are issues with the goods, please contact our customer service careline indicated in Section 1.2 immediately. GetEat customer service careline will require a photographic proof / additional information given by users. GetEat will assist in the investigating of the Mistake in Orders / Defective Orders and inform GetEat Partners of this issue.
All Parties acknowledge that GetEat will be exempted from compensating any Refunds in accordance to Section 6 (i,ii,iii). All refund by GetEat User shall only be resolve with GetEat Partners. GetEat may only provide assistance in notifying any Refund Order to GetEat Partners.
7.0 GetEat Promotional Campaign / Vouchers
For Festive season, Marketing & Promotion campaign may be offer by GetEat which allow users to enjoy promotions such as (e.g. Voucher codes, GetEat Partner Monthly promotion, or other promotion offers.). All form of promotions is subjected to a certain periods of time duration, or A one-time use promotion only.
- Voucher will not be valid after the date of expiry/ voucher unable to use together with on going promotions provided by GetEat.
- GetEat promotion voucher/code only valid in GetEat Platforms.
- GetEat voucher are not exchangeable for cash
- GetEat reserved the rights to exclude certain GetEat Partner from the usage of voucher at any time without prior notice.
8.0 Representations / Warranties / Awareness
8.1 GetEat Representatives and Warranties
- GetEat represents as an operator for GetEat Food and Beverages Services on behalf of GetEat Partners for GetEat User(s).
- GetEat represents that the services provided by GetEat to the User(s) will not cause any harm or loss to the User(s)
- GetEat shall not be accountable but will endeavour to notify and advise the Partners for actions/ inadvertency of Partner(s) in term of arranging the Goods for GetEat Users. GetEat team shall not assume any liability for the quantity, condition & quality of the Goods provided by Partner(s) inclusive of Menu listing, food visuals which are displayed in GetEat application Platform. All food images are solely for illustration purposes.
- GetEat warranties to provide a peace of mind to GetEat Users that subscribes to GetEat’s Platform for the Food and Beverages Services.
- GetEat represents that GetEat has the necessary resources, skills, knowledge, experience and abilities necessary to perform the obligations under this Policy;
- To the maximum extent permitted by law, we will not be liable to you or any third party in contract, tort or otherwise in respect of any loss resulting directly or indirectly from the Program unless the loss was directly or indirectly cause solely by us.
8.2 GetEat Partner(s)
- GetEat Partner(s) are fully responsible in the preparation process. Partner(s) need to ensure the collection of Goods & Orders taken. GetEat will not be accountable for any loss / casualty issuing relationship between GetEat Users & GetEat Partners.
- GetEat Partner(s) represents that their quantity, condition and quality of the Goods are acceptable and in the well-being state, GetEat shall not be accountable for any issues or matters in relation to the quality, condition and quality of the Goods.
- GetEat Partner(s) represents that they are the genuine and licenses Partner with GetEat, GetEat will not be liable for any imposters seeking to claim as GetEat Partner(s).
- By using this application, GetEat Partner(s) and it’s representative agree to the Terms of the Program prior to or at the time of subscribing for the program;
- GetEat Partner(s) are aware that collaboration on this Program will not conflict with any of your existing agreements with GetEat;
- GetEat Partner(s) have an obligation to provide GetEat all of the data necessary for the execution of the exclusive feature and benefit in your favour;
- GetEat Partners represents that they have the resources, skills, knowledge, experience and abilities necessary to perform your obligations under this Agreement;
- GetEat Partners warrants that at all times to comply with all applicable laws and regulations and hold all necessary approvals, rights and licenses in performing the obligations under this Policy and in any of GetEat Partners dealings with respect to GetEat and Geat User(s);
- Partner(s) warrant to GetEat and GetEat User(s) that each warranty contained in this Agreement is correct and not misleading on each date between (and including) the date of this Agreement with both parties (being the date the parties agree to these terms or the date GetEat User(s) subscribe in this App) and termination of this Agreement;
- Partner(s) will indemnify and hold GetEat and our representative harmless against any and all loss arising directly or indirectly soley from you or your representatives;
- GetEat Partners agree to indemnify GetEat and GetEat User(s) for any loss and damages incurred solely by GetEat Partners, and shall endeavour in providing a peaceful service to GetEat User and peaceful collaboration with GetEat.
8.3 GetEat User(s)
- GetEat User(s) represents and warrants that all their personal information are true and genuine for GetEat and GetEat Partners to perform the Food and Beverage Service.
- GetEat User(s) shall “self-pick up” the orders made by them through the GetEat Application, any failure of pick-up orders shall be borne solely by GetEat User(s).
- GetEat User(s) are aware that GetEat and GetEat Partners will not proceed to refund for any failure of pick-up orders by GetEat Users.
- GetEat user(s) declare that all their personal information entered in the GetEat App are deem to be true and not misleading to GetEat and GetEat Partners.
- Any misleading information given by GetEat User(s) shall hold the GetEat User(s) accountable where GetEat or GetEat Partner(s) shall have the discretion to claim for damages or other remedies if the misleading information cause GetEat or GetEat Partner(s) to suffer losses.
9.0 Service Fee and Payment Obligation
- GetEat Partner(s) hereby agrees to pay and bear any costs (if applicable) such as admin/transfer fees or other fee, in connection with the transfers made by payment gateway company or other accounts or payment channels appointed by GetEat, which are intended to make payments to your account.
- In consideration to GetEat’s provision of Services under this Agreement, the Partner shall pay GetEat the Service Fee. For avoidance of doubt, the Partner is not allowed to charge any service charge (for dine in) to the End User.
- The Respective Parties in this Agreement covenants and agrees that he/she/they shall not bring a legal proceeding/claim/action against one another without any prior communication between both parties in regards to the Payment Obligation. The Disputing Party shall always communicate with one another concerning the matters and issues arise in the Payment Obligation.
- The Partner understands and agrees that GetEat shall not be liable for any losses directly or indirectly suffer by the Partner subsequent to the transfers being made to the Partner.
- GetEat partners shall provide a legitimate bank account for transaction purposes.
10.0 Dispute Resolution
- Any dispute or differences arising out of or relating to this Agreement shall be resolved by a mutual settlement or arbitrated by a qualified Arbitrator recognised by the Malaysian Institute of Arbitrators and/or Kuala Lumpur Regional Centre for Arbitration. And unless the parties are unable to settle mutually and /or by an Arbitrator, otherwise the Disputing Party may bring an action to the Court of Malaysia Law.
- Both parties entering into this agreement shall undertake to settle mutually and dispute which arise from this Agreement.