Terms and Conditions
1.0. General Information
1.01 Ownership
This website (“YOURCOMPANY website”) is owned and operated by YOURCOMPANY.
1.02 Access & Use
Your access to, and use of the materials contained in, the YOURCOMPANY Website is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the YOURCOMPANY Website (“Terms and Conditions”). By using YOURCOMPANY Website, you agree to be bound by these Terms and Conditions.
1.03 Amendments
YOURCOMPANY reserves the right to amend the Terms and Conditions without notice at any time. Your use of our YOURCOMPANY Website following such changes constitutes your agreement to be bound by the new Terms and Conditions.
1.04 Registration
To register with the YOURCOMPANY Website, you must be over eighteen (18) years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
1.05 Information Collected & Use of Information
YOURCOMPANY collects the details provided by you on registration together with information we learn about you from your use of our service and your visit to YOURCOMPANY Website.
By using the YOURCOMPANY Website, you expressly accept and give your unconditional consent that we may use any and/or disclose information about your demographics in any manner which does not reveal your identity for purpose of marketing, promotional, strategic development, research and customer care.
1.06 Standard eVoucher Terms and Conditions
Your use of an eVoucher indicates your agreement to be bound by these eVoucher Terms and Conditions.
YOURCOMPANY reserves the right to withdraw or cancel an eVoucher for any reason at any time.
YOURCOMPANY shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any eVoucher or any failure or inability of a customer or household to use an eVoucher for any reason.
1.07 Security and Fraud
When you use an eVoucher you warrant to YOURCOMPANY that you are the duly authorised recipient of the eVoucher and that you are using it in good faith. If you redeem, attempt to redeem or encourage the redemption of eVouchers to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
If we reasonably believe that any eVoucher is being used unlawfully or illegally we may reject or cancel any eVoucher and you agree that you will have no claim against us in respect of any rejection or cancellation. YOURCOMPANY reserves the right to take any further action it deems appropriate in such instances.
1.08 Intellectual Property
The content of the YOURCOMPANY Website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the YOURCOMPANY Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the YOURCOMPANY Website without written permission from YOURCOMPANY .
No licence is granted to you in these Terms and Conditions to use any trade mark of YOURCOMPANY.
1.09 Limitations
You may not use the YOURCOMPANY Website for any of the following purposes:
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; gaining unauthorised access to other computer systems;
interfering with any other person’s use or enjoyment of the YOURCOMPANY Website;
breaching any laws concerning the use of public telecommunications networks;
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
any claim by any third party that the use of the YOURCOMPANY Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
any claim by any third party that the use of the YOURCOMPANY Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the YOURCOMPANY Website by you.
1.10 Availability of YOURCOMPANY Website
Although YOURCOMPANY Website aims to offer you the best service possible, YOURCOMPANY Website makes no promise that the services at the YOURCOMPANY Website will meet your requirements. YOURCOMPANY Website cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at feedback@YOURCOMPANY.com and we will attempt to correct the fault as soon as we reasonably can.
Your access to the YOURCOMPANY Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. YOURCOMPANY Website will attempt to restore the service as soon as it reasonably can.
1.11 YOURCOMPANY Website’s right to suspend or cancel your registration
YOURCOMPANY Website may suspend or cancel your registration immediately at our sole discretion without assigning any reason whatsoever.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using YOURCOMPANY Website.
The suspension or cancellation of your registration and your right to use YOURCOMPANY Website shall not affect either party’s rights or liabilities.
Paragraphs 1.07, 1.08 and 1.09 of these Terms and Conditions shall survive cancellation.
1.12 YOURCOMPANY Website’s liability
YOURCOMPANY Website is provided by YOURCOMPANY without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability of fitness for a particular purpose. You must bear the risks associated with the use of the Internet.
YOURCOMPANY will ensure that information or material included on the YOURCOMPANY Website is correct, reputable and of high quality. YOURCOMPANY will not be responsible for any errors or omissions or for the results obtained from the use of information or for any technical problems you may experience with the YOURCOMPANY Website. If YOURCOMPANY is informed of any inaccuracies in the information or material on the YOURCOMPANY Website, YOURCOMPANY will attempt to correct the inaccuracies as soon as it reasonably can.
In particular, YOURCOMPANY disclaim all liabilities in connection with the following:
incompatibility of the YOURCOMPANY Website with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the YOURCOMPANY Website;
unsuitability, unreliability or inaccuracy of the YOURCOMPANY Website;
inadequacy of the YOURCOMPANY Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the YOURCOMPANY Website.
1.13 Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.
1.14 International Use
YOURCOMPANY makes no promise that materials on the YOURCOMPANY Website are appropriate or available for use in locations outside Malaysia, and accessing the YOURCOMPANY Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws.
1.15 Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and YOURCOMPANY Website ignores this, YOURCOMPANY will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
YOURCOMPANY shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
2.0 About Guide Price
Please note that the prices on YOURCOMPANY website are guide prices only and are only approximate. The total guide price shown in the Customer’s shopping list and order confirmation email may differ from the Customer’s final bill.
The variance between guide price and the Customer’s final amount charged will be due to one or more of the following reasons:-
1. Weighed products
The guide price on the website uses an estimate weighed products such as fruits, vegetables, chicken and meats . But what you pay will be based on the exact weight of your product during processing, so the weight may vary slightly due to dehydration during transport or due to cleaning of excess fat/blood.
2. Substitutions
Where the product is unavailable on the day of the delivery, the driver will bring a substitute product that you can choose to accept or decline. The price of the product is likely to be slightly different from the price of your original product.
3. Changing daily prices
The guide price is based on current daily prices, however what you pay will be based on the actual price of the products on the day of your delivery. This apply to those orders that select delivery date of more than two (2) days after the order date.
4. Promotion dates
Any products on promotion need to be delivered before the promotion and end date (shown on the product page) to qualify for the promotional price. If your delivery slot is booked for after the promotion end date, the promotion price will not be applied.
If the value of the goods delivered is higher than the value stated in the order confirmation or if the Customer considers that the difference between the price charged and the guide price shown on the website is unacceptable, the Customer has every right not to accept the goods . The amount for goods that have not been accepted shall not be charged to the Customer’s payment card if he/she has provided payment card details in advance in order to pay online .
3.0 Product Terms & Conditions
a.General
These Product Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be decided only by the Malaysian courts.
If any of these Product Terms & Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms & Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
This YOURCOMPANY Online Shopping website is owned and operated by FGV Agro Fresh Technology Sdn Bhd (“YOURCOMPANY”).
Please read these Product Terms & Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which YOURCOMPANY makes the products available to you (“Product Terms”).
b. Prices
Please note that the prices on YOURCOMPANY Online Shopping website are guide prices only and are only approximate. The total guide price shown in the Customer’s shopping list and order confirmation email may differ from the Customer’s final bill.
The actual price the Customer pays will be the price declared for the day at the time the Customer’s order is picked for delivery. This will be apparent especially for Customers who order ahead of selected delivery time. The actual order value cannot be determined until the day of delivery because the prices stated on the website may change on the day your order is picked and delivered. Thus, ordering ahead will require a credit card information to be included.
If the price is higher than the amount paid during ordering, the difference of the price will charged to your credit card accordingly. However if the price is lower, YOURCOMPANY will offer the same or higher value of eVoucher for your next purchase.
When requesting goods by weight, YOURCOMPANY reserves the right to supply goods with a weight difference. However YOURCOMPANY shall make every effort to ensure the weight difference is minimal and as close to Customer’s request.
The cost of the services is not included in the price of the goods. The information about the cost of the services is available on the YOURCOMPANY Online Shopping website once the Customer books a delivery slot.
c. Availability
The availability of the goods presented on the YOURCOMPANY Online Shopping website depends on stock in our Warehouse and YOURCOMPANY does not guarantee the availability of goods.
In order to ensure that goods are available to all customers, YOURCOMPANY has the right to set maximum limits in advance for the purchase of individual items by a single Customer. For example, if the Customer makes an order of 10 bottles of chilli sauce, if the stock is low, we may only deliver 5 bottles.
The Customer shall always be notified in advance if the goods requested cannot be delivered by reason that it has exceeded the maximum or restricted limit.
If the goods requested by the Customer are unavailable due to factors beyond YOURCOMPANY’s control, YOURCOMPANY shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item.
d. Acceptance
There will be no contract of any kind between the Customer and YOURCOMPANY unless and until YOURCOMPANY actually dispatches the goods to Customer. Customer’s order is an offer to buy from YOURCOMPANY. Nothing that YOURCOMPANY does or says will amount to any acceptance of that offer until YOURCOMPANY actually dispatches the goods to Customer. At any point up until then, YOURCOMPANY may decline to supply the goods to Customer without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between YOURCOMPANY and Customer, and Customer will be charged for the goods.
The YOURCOMPANY Online Shopping standard delivery service is available for non-commercial and domestic use only. For commercial or business outlet, we will provide special delivery without standard packaging.
To ensure availability of all our products customers may be limited to a maximum number of items.
e. Delivery
Delivery will be made to the address specified by Customer on the completed order form.
YOURCOMPANY will deliver Customer’s order to the main entrance of the delivery address. For high rise building, this means the main lobby or similar publicly-accessible area. For housing area, with guarded entrance, please notify the guardhouse to allow our GOGOriders to enter. YOURCOMPANY always reserves the right to deliver only to the main entrance of the delivery address.
The YOURCOMPANY Online Shopping delivery service is available in selected areas. To check whether we deliver in your area, go to our delivery area section to find out where we deliver.
Delivery times will be agreed with the Customer at the time of placing Customer order and booking a delivery slot.
All goods must be received by an adult aged 18 years or over. If the driver has doubt over the age of the person receiving the goods, he is entitled to ask such person to show an identity card to prove his/her age. If the person is shown not to be over 18 and no other person can receive the goods, YOURCOMPANY shall not hand over the goods.
If there is nobody qualified to receive the goods at the agreed time and place specified by the Customer, the package will be kept at GOGOhub for pick up by Customer within two (2) days. A package that stays more than two (2) days will be considered forfeited and YOURCOMPANY has the rights to dispose it. The sum amount paid will not be refunded.
Whilst we make every effort to deliver all Customer goods in the agreed time, YOURCOMPANY will not be liable if it fails to do so in part or in full due to circumstances beyond its control.
f. Refund
If you have received faulty, damaged or different goods
You may hand any item back to the GOGOrider at the time of delivery for a refund.
Please note that Customer can only request for a refund in 2 hours after the goods is arrived. You can email us for a refund process along with the image for proof at hello@YOURCOMPANY.com. Any request after 2 hours of the delivery will not qualified for a refund.
For the avoidance of doubt, this provision does not affect the rights of the Customer for non-acceptance of substituted goods.
Refund request will be done within seven (7) working days. This depends on the issue and whether an investigation is required. We are committed to complete all replacement and refund request no later than fourteen (14) working days. Our representative will contact you to provide necessary advise on the process.
If the item ordered is not available
Our representative will inform you about the un-availibility of the product and we will process for a refund by cash. Customer are required to signed the refund form for proof of payment.
g. Cancellation
Customer can cancel or change any of Customer’s current orders up to 10pm on the same ordering day. After the order has been compiled starting 10pm, no cancellation will be honoured. This cancellation can be done only from YOURCOMPANY website.
Please note that orders cannot be cancelled by email.
This function will be available starting from July 1, 2020 onwards. Up until then, no cancellation will be honoured.
h. Payment
You can use a online banking,debit or credit card to pay for your shopping. We accept the following payment providers, issued by banks in Malaysia:
- Online Banking,
- Visa
- Master
- Debit Cards
- Paypal
Full payment card authorisation for the amount corresponding to the total price of goods (including service charges) that the Customer has requested shall be made on the day order are made by the Customer.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
i. Customer Services
If you have an order query, please e-mail us via contact form in the website.
j. Update of Terms and Conditions
- YOURCOMPANY reserve the rights to update the terms and conditions as we see fit, as long as it is not detrimental to the customer.
- Should there be any discrepancies between the Apps and the Website, customers should always follow the update on the Website. This is due to the Apps might be of older version and customer might not updated to the latest one.
The YOURCOMPANY Online Shopping website is operated by YOURCOMPANY of the address stated at the bottom of this website.