Terms of Use - Aliments.docx
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Terms of Use

Effective Date: 1st Feb 2020

  1. Introduction

  1. These Terms of Use (“Agreement”) is a binding agreement between you and Wirelessspace Sdn Bhd, a private limited company incorporated in Malaysia (collectively, “Aliments”, “we”, “us”, or “our”). This Agreement governs your use of our web application or mobile application for Android and iOS (collectively referred as “App”) as well as the use of our website (collectively, including all related documentation and associated software, “Platforms”).

  1. By downloading, installing or using the Platforms, you:

  1. acknowledge that you have read and understood this Agreement;
  2. represent that you are of legal age to enter into a binding agreement; and
  3. accept this Agreement and agree that you are legally bound by its terms.

  1. If you do not agree to this Agreement, do not download, install or use the Platforms and delete it from your device.

  1. We reserve the right to modify, vary and change the terms or our policies relating to the Services (defined in Clause 5 below) at any time as we deem fit. Such modifications, variations and changes to the terms or policies relating to the Platforms shall be effective upon the posting of an updated version. You agree that it shall be your responsibility to review this Agreement regularly.

  1. Representations, Identification and Authorisation of User Account

  1. By using the Platforms, you expressly represent and warrant that you are legally entitled to accept and agree to this Agreement and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Platforms are not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Platforms, you further represent and warrant that you have the right, authority and capacity to use the Platforms and to abide by this Agreement.

  1. You further confirm that all the personal data and contact details in relation to your identity are accurate, precise and complete; and agree, if upon any request at any time by Aliments, to present a valid, government-issued photo identification for verification purposes. You agree that, in any event you are the authorised representative of an individual, agent, sole proprietor, company, or entity, you have obtained the lawful authority via written authorisation or consent from such individual, agent, sole proprietor, company or entity. You agree not to impersonate or represent intentionally or unintentionally, in any way whatsoever, any third party, individual, agent, sole proprietor, company or entity without lawful authority; or otherwise provide, submit or present any false and/or misleading information to Aliments.

  1. You should take necessary steps to ensure that your user ID and password are kept confidential and secure and should inform us immediately if you have any reason to believe that your user ID or password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

  1. You are responsible for all activities that occur under your account, regardless of whether you are the individual who undertakes such activities. This includes any unauthorised access and/or use of your account.

  1. If we have reason to believe that there is likely to be a breach of security, unauthorised use of your account or misuse of the Platforms, we may require you to change your password or we may suspend your account pending investigation. You shall release and hold us harmless from any and all claims and causes of action arising out of or resulting from any unauthorised use of your account.

  1. Intellectual Property Rights

  1. Other than the content you own, or unless otherwise indicated, we and/or our licensors have valid, unrestricted and exclusive rights, title and interest of the patents, trademarks, trade names, trademark registrations, know-how, copyrights, technology, and other intellectual property rights and content contained in or published on the Platforms.

  1. Your use of the Platforms and your use of and access to any content does not grant or transfer to you any rights, title or interest in relation to the Platforms or the content. You must not:

  1. copy or use, in whole or in part, any content;

  1. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any content to any third party; and

  1. breach any Intellectual Property Rights connected with the Platforms or the content, including (without limitation) altering or modifying any of the content, causing any of the content to be framed or embedded in another website or platform, or creating derivative works from the content.

  1. "Intellectual Property Rights" means all applicable rights, title, interests and benefits thereto including, without limitation, patents, copyrights, trademarks, trade secrets, trade names, logos, patents, inventions, registered and unregistered design rights, copyrights, databases, database rights and all other similar intellectual property rights.

  1. "Know-how" means all confidential and proprietary industrial and commercial information and techniques in any form, including but not limited to, drawings, formulae, tests, results, procedures, project reports and testing procedures, instructions, training manuals, market forecasts, and list of particulars of potential competitors, suppliers and customers.

  1. We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Platforms in accordance with this Agreement. All other uses are prohibited without our prior written consent.

  1. Specific Restrictions

  1. You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to the Platforms; which we would consider inappropriate; or which might bring us or the Platforms into disrepute, including (without limitation):

  1. publishing any content in any other media;

  1. selling, sublicensing and/or otherwise commercialising any content;

  1. publicly performing and/or showing any content;

  1. using the Platforms in any way that is or may be damaging to the Platforms, including hacking or trying to steal other users’ information from the Platforms;

  1. tampering with or modifying the Platforms, knowingly transmitting viruses, worms or other disabling features, or damaging or interfering with the Platforms, including (without limitation) using trojan horses, viruses, timebombs, keystroke loggers, spyware or other similar feature or piracy or programming routines that may damage or interfere with the Platforms;

  1. using the Platforms in any way that interferes any user’s access to the Platforms;

  1. using the Platforms contrary to applicable laws and regulations, or in any way may cause harm to the Platforms, or to any person or business entity;

  1. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Platforms or data regarding other users, including e-mail addresses, without our consent;

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

  1. using the Platforms to defame, harass, threaten, menace or offend any person;

  1. using the Platforms to send unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

  1. using the Platforms to engage in any advertising or marketing;

  1. modifying, making derivative works of, disassembling, reverse compiling or reverse engineering any part of the Platforms;

  1. interfering with, disrupting, or creating an undue burden on servers or networks connected to the Platforms, or violate the regulations, policies or procedures of such networks;

  1. attempting to gain unauthorised access to the Platforms (or to other computer systems or networks connected to or used together with the Platforms), whether through password mining or any other means;

  1. accessing the Platforms in order to build a similar or competitive application, product, or service;

  1. using software or automated agents or scripts to produce multiple accounts on the Platforms, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platforms (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platforms for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); and/or

  1. facilitating or assisting a third party to do any of the above acts.

  1. Certain areas of the Platforms are restricted from being accessed by you and we may further restrict access by you to any areas of the Platforms, at any time, in our absolute discretion.

  1. You are prohibited from using the Platforms, including the content, in any way that competes with our business.

  1. Services

  1. Aliments shall make available certain proprietary technology services that facilitate the marketing, sale and fulfilment of orders for food, beverages and other products (“Items”) from certain independent restaurants (“Restaurant” or “Merchant”) to you (“Customers”) (collectively referred to as “Services”).

  1. For the avoidance of doubt, you are able to browse and order Items at any Restaurant via the App. Your order triggers a process in the Restaurant that provides it with your personal data and location. You hereby authorise Aliments to disclose your orders, personal data and location to Restaurant and process them.

  1. Aliments passes your order on to the Restaurants and settles it in the name and for the account of the Merchant. The Merchants shall render their services in their own name and on their own account. The Merchants in no way act for Aliments. You therefore enter into a contract with the Merchant, rather than Aliments.

  1. Aliments itself does not provide any Items or run any restaurants. Furthermore, it is the Merchant’s sole discretion to enter into a service contract or any other forms of contract with you.

  1. You are not obliged to use the Services; similarly, Aliments is not obliged to offer you the Services or to render the Services successfully, including but not limited to passing on orders or processing payments.

  1. Aliments serves as a platform that allows Merchants to offer their Items and enables you to place an order and make payment directly from the App. The services offered by the Merchant, includes but not limited to orders and payments, are therefore subject to an agreement between you and the Merchant. The contract between you and the Merchant is not part of this Agreement; the provisions agreed between you and the Merchant apply. Each Merchant is responsible for such provisions. At no time is Aliments part to such an agreement.

  1. By using the App to access the Services, you agree that:

  1. you will only use the Services for lawful purposes;
  2. you will not permit or enable third parties to use your account;
  3. you will not assign, transfer or otherwise render accessible your account to any other person;
  4. you will not use the account of a third party;
  5. you will comply with all relevant legislation when using the Services, and you will only use the Services for the purpose for which it is intended to be used;
  6. you will not use the Services to cause annoyance, disruption or inconvenience;
  7. you will not impede the correct operation of the network;
  8. you will provide Aliments with proof of identity as it may reasonably request or require; and
  9. you will provide accurate, current and complete information as required for the Services and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement.

  1. Payment

  1. The App can be used free of charge. Notwithstanding the foregoing, Aliments reserves the right to introduce a fee for the use of the App and/or the Services. In the event Aliments decides to introduce such a fee, Aliments shall notify you in advance and provide you the opportunity to terminate this Agreement.

  1. All prices shown on the App are in Malaysian Ringgit (MYR) and are inclusive of applicable tax unless otherwise stated. All the prices shown on the App are set by the Merchant subject to adjustment by the Merchant at any time and from time to time without prior notice to you. Aliments will charge the prices of the Items and/or other services (e.g. PRIME Membership, as per Clause 7.4) you ordered/subscribed from the Merchant using the App in the name of the Merchant. Aliments shall process all payments made by you using the App by acting on behalf of the Merchant. All payments made under the App shall be treated as if you had made them to the Merchant directly. All prices are payable immediately.

  1. You agree to pay for all Items and/or other services you ordered/subscribed from a Merchant via the App, and authorise Aliments to charge the Items and/or services you ordered/subscribed to your e-wallet or any available payment method selected by you (including any taxes and late payment fees, if applicable, in connection with your account) specified when you registered. You shall be responsible for the punctual payment of all costs and the provision of a valid credit card of which you will pay all costs to Aliments at any time.

  1. Aliments provides an external payment processing service (“Payment Services Provider”) to your credit card with the App. In addition to the Terms of Use, the processing of payments or credit, if applicable, in connection with your use of the App and the Services are subject to the terms and conditions and data protection guidelines of the Payment Services Provider and your credit card company. Aliments is not responsible for any errors made by the Payment Services Provider. In connection with your use of the services, Aliments will receive certain transaction details that it will use exclusively in line with its privacy policy.

  1. We will not be liable for any loss or damage, including theft or fraud, arising directly or indirectly from:-

  1. your failure or omission to protect your personal data from being seen by other persons or otherwise obtained by other persons when you enter your payment details online;
  2. your failure to provide accurate information in the course of the online payment process; or
  3. any other reasons in connection with the specified mode of payment.

  1. Campaign, Aliments Points, Referral Program and PRIME Membership

  1. Campaign

  1. Subject to the terms of this Agreement, Aliments may organise activities from time to time (“Campaign”) which is open to all Customers who have performed any transaction via the App (the “Eligible Customers”). The Campaign shall run for a period as notified by Aliments in writing (“Campaign Period”) and Aliments reserves the right to change the duration and/or the commencement and/or expiry dates of the Campaign Period without any prior written notice.  

 

  1. Eligible Customers will be shortlisted randomly based on a computerized random selection system (“Shortlisted Eligible Customers”) and Aliments will provide either an online voucher of any Merchant or award Aliments Points (as defined in Clause 7.2) or any other prizes allocated by Aliments in the Campaign to the Shortlisted Eligible Customers.

  1. The online voucher cannot be transferred to other party or parties, and is not exchangeable for cash, credit or other forms of goods.

  1. Aliments Points

  1. Aliments points is a loyalty and/or rewards programme (“Aliments Points”) awarded solely by Aliments whereby all Customers are entitled to gain upon registration of an Aliments account and subject to the terms of this Agreement.

  1. Customers may earn or collect Aliments Points from the transactions effected through the use of the App by the Customers and Customers with sufficient Aliments Points are eligible to redeem reward(s). The rewards include but not limited to:-

  1. Redemption of Items from the participating Merchant;
  2. Items voucher offered by the participating Merchant; or
  3. Any other services available on the App.

  1. All redemption orders via the App must be redeemed with Aliments Points in full and partial redemption (including partial cash payment) is not allowed.

  1. Redemption orders once accepted by Aliments cannot be revoked, cancelled, returned or exchanged, and the affected Aliments Points will not be reinstated.

  1. When you redeem the Aliments Points for any redemption items, Aliments will proceed to deduct the stipulated number of Aliments Points required for the said redemption item from your Aliments account.

  1. Whilst Aliments Points are open to all Customers, the validity of Aliments Points may be subject to change from time to time at Aliments’ sole and absolute discretion.  

  1. Aliments Points’ redemption structure is subject to change from time to time as determined by Aliments. Aliments reserves the right to add, remove, substitute or change the issuance, conversion or redemption structure from time to time at Aliments’ sole and absolute discretion.

  1. Referral Program

  1. Aliments’ referral program (“Referral Program”) allows Customers to earn Aliments Points or any other reward(s) determined by Aliments by referring friends to become Aliments’ users subject to the terms under this Agreement.

  1. All referrals made under the Referral Program should only be used for personal and non-commercial purposes. Referral links may not be published or distributed on commercial websites, social media platforms, instant messaging apps or blogs.

  1. PRIME Membership

  1. PRIME membership is a membership, either a pre-paid credits or loyalty card or any other offers, offered by the Merchants for the Customers at a subscription price as determined by the Merchant via the App (“PRIME Membership”).

  1. Pre-paid credits in this context means that a specified number of points you purchased shall be credited in your Aliments account which you may redeem via the App at the relevant Merchant. The point balance from the PRIME Membership will be deducted automatically after each redemption of the point being made. Credits will expire at the end of the expiration days stated on the PRIME Membership in the App and any unused credits will not roll over into future months, unless we expressly communicate otherwise.

  1. In the event your Aliments account is terminated or if the Merchant has ceased its business, all unused credits will expire immediately and Aliments will not be responsible for any refund requests made by the Customers. 
  2. All credits on the App cannot be exchanged for cash or any other alternatives and have no monetary value. For the avoidance of doubt, the credits do not operate or serve as electronic money in any way. You may not transfer, trade, gift or otherwise exchange for Aliments Points.  

  1. Loyalty card in this context means a loyalty and/or rewards programme owned, operated and administered by the Merchant and Aliments shall not be responsible for the refusal of any Merchant to honour or accept your loyalty card under PRIME Membership.  

  1. Notwithstanding the foregoing to the contrary, Aliments gives no representation or warranty with respect to any type of redemption or rewards awarded under this Clause 7. Aliments gives no warranty with respect to the quality of products offered for redemption or their suitability or fitness for any purpose. Aliments assumes no responsibility and shall not be held liable for any claims, losses, costs, expenses or damages of whatever nature resulting from the redemption of any of the awards under Clause 7 by you.

  1. In addition to Clause 7.5, you acknowledge and agree that you have entered into a contract with a Merchant rather than Aliments in the event you purchase the PRIME Membership. In light of the aforementioned, the Merchant shall render its services in their own name and on their own account to you.

  1. Whilst the registration under Clause 7 are open to all customers, Aliments reserves the right to reject and/or suspend and/or terminate the Customer’s ability to participate in any of the aforesaid programs at Aliments’ sole and absolute discretion without assigning any reasons whatsoever, and Aliments decision shall be final and conclusive.

  1. Accounts and Registration

  1. When ordering or redeeming rewards through the App, you may be required to provide certain information or to register for an account, and the information required includes but not limited to your name, email address, debit or credit card number, phone number and/or address. You warrant that you have the legal capacity to use and to order through the App. You agree and acknowledge that the information you provide to Aliments is accurate and that you will keep it accurate and up-to-date. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.

  1. You may close your account at any time by requesting to do so in the account section via the App or by contacting Aliments. In the event you believe that your account is no longer secure, then you must immediately notify us at hello@aliments.my. We reserve the right to terminate or suspend your account at any time if we believe there is any unusual activity on it.

  1. Aliments shall take all commercially reasonable measures in securing your orders and personal details and will ensure that said details are retained only as long as necessary for the transaction and for the provision of the products and services to you. However, in the absence of fault on our part, we shall not be held liable for any loss that you may suffer in the event unauthorized access by third party to any data provided when accessing or ordering from the App unless we have been proved to be negligent in securing the information provided.

  1. Refund and Cancellation

  1. Except as expressly provided herein, all orders made by you through the App shall be irrevocable, non-refundable and non-creditable as soon as they are placed. Any modification and/or cancellation of the Orders is not permitted subject to Aliment’s discretion.

  1. In the event of cancellation and payment has been made by you via the App and subject to the payment method used by you, Aliments may either:-

  1. credit the cost of such order to your account balance which can be applied to your next order; or
  2. credit the cost of such order to the same credit card where the purchase was made;

or

  1. credit the cost of such order to the same e-wallet where the purchase was made.

upon the prior written consent of the Merchant.

 

  1. Aliments shall not be liable for the time of an outside delays in outside payment gateway to charge or refund you or if your bank account and/or credit card and/or e-wallet has been used in a fraudulent manner.

  1. In the event of any invoice dispute, you shall be obliged to notify Aliments no later than one (1) business day after the order was made and Aliments shall review it on an individual case-by-case basis provided that credible evidence is produced by you. Notwithstanding the foregoing to the contrary, Aliments shall possess the final discretion towards the outcome of the aforesaid dispute.

  1. Collection and Use of Your Information

  1. You acknowledge that when you download, install or use the Platforms, we may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the Platforms. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Platforms or certain of its features or functionalities, and the Platforms may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Platforms is subject to our Privacy Policy.

  1. We will process and may disclose personal data including sensitive personal data (as defined in Personal Data Protection Act 2010) relating to you and your affiliates, and you consent to the processing and disclosure of such data. You agree to keep us informed of any changes to the data at all material times. In any event, should such necessity arise to obtaining consent, authorisation or permission of any of your affiliates in relation to processing and disclosure of personal data including sensitive personal data (as defined in the Personal Data Protection Act 2010), such consent, authorisation or permission is deemed to have been obtained by you unless communicated otherwise to us.

  1. Updates

  1. We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (‘Updates”). Updates may also modify or delete in their entirety certain features and functionalities. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionalities. Based on your mobile device settings, when your mobile device is connected to the Internet either:

  1. the App will automatically download and install all available Updates; or

  1. you may receive notice of or be prompted to download and install available Updates.

  1. You shall promptly download and install all Updates and acknowledge and agree that the Platforms or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Platforms and be subject to all terms and conditions of this Agreement.

  1. Third-Party Applications

  1. Aliments App is integrated with or may otherwise interact with third-party applications, websites and services (“Third-Party Applications”) to make the Services available to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Aliments does not endorse and is not responsible or liable for the behaviour, features, or content of any Third-Party Applications or for any transaction you may enter into with the provider of any such Third-Party Applications, nor does Aliments warrant the compatibility or continuing compatibility of the Third-Party Applications with the Service.

  1. Third-Party Materials

  1. The Platforms may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”).

  1. You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials.

  1. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

  1. Third-Party Interactions

  1. During the use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Services and/or the Platforms.

  1. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party.

  1. Aliments and its affiliates and licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party.

  1. Aliments does not endorse any applications or sites on the Internet that are linked through the Services and the Platforms, and in no event, shall Aliments or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party service providers.

  1. Aliments provides the Services to you pursuant to this Agreement. You recognize, however, that certain third-party merchants or service providers, goods and/or services may require your agreement to additional or different terms of use prior to your use of or access to such goods or services, and Aliments is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party service providers.

  1. Term and Termination

  1. This Agreement will be effective when you download the App or when you use the Platforms and will continue in effect until terminated by you or by Aliments.

  1. You may terminate this Agreement by deleting the App and all copies thereof from your mobile device or stop using the Platforms. We may terminate this Agreement at any time without notice if we cease to support the Platforms, which we may do in our sole discretion.

  1. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

  1. Upon termination:

  1. all rights granted to you under this Agreement will also terminate;

  1. you must cease all use of the App and delete all copies of the App from your mobile device and account; and

  1. all unused credits will expire immediately. There will be no refund or payment for any unused amount.

  1. Termination will not limit any of our rights or remedies at law or in equity.

  1. Indemnity

  1. You agree to indemnify, defend and hold harmless Aliments and its licensors, officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Platforms, Services or your breach of this Agreement.

  1. Exclusion of Assurances and Guarantees

  1. All guarantees of Aliments, in particular relating to the Services and the Platform, are hereby excluded. Aliments makes no assurances and issues no guarantees or warranties of any kind related to the Services or the Platforms.

  1. Similarly, Aliments makes no assurances and issues no guarantees or warranties of any kind related to the quality or suitability of the services of the Merchants.

  1. Disclaimer of Warranties

  1. The Platforms are provided to you on an “as is where is” basis and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Aliments, on its behalf and on behalf of its affiliates and its service providers, expressly disclaims all conditions and warranties, whether express, implied, statutory or otherwise, with respect to the Platforms:

12.1.1        including but not limited to representations, by any means, as to the availability, accessibility, operation, performance of the Platforms, or any other products or services accessed via the Platforms;

12.1.2        commercial and non-commercial merchantability, quality, fitness, purpose, title, non-infringement, any implied terms and warranties of the Platforms; and

  1. indemnification arising from course of dealing, course of performance or trade in connection with this Agreement.
  1. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Platforms will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without any interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

  1. Limitation of Liability

  1. To the fullest extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (“Liability”) suffered by you or any third party, arising from or in connection with your use of the Platforms and/or the content and/or any inaccessibility of, interruption to or outage of the Platforms and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out-of-date. Access to, and use of, the Platforms is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
  2. Aliments will not be held liable for damage to third parties or third-party claims for damages, in particular for any damage resulting from or in connection with a contract between you and a Merchant. The quality of the Items provided through the use of the App or Services is the full responsibility of the Merchant that provides the service. Under no circumstances will Aliments accept any liability for and/or in connection with the Items provided by the Merchant or any other actions or omissions on the part of the Merchant. Any complaints related to the Services of the Merchant or the Items should therefore be addressed to the Merchant directly.
  3. Should you contact us regarding a complaint against or a dispute with a Merchant, we will refer such complaint or dispute to the Merchant. Should a Merchant contact us regarding a complaint against or a dispute with you, we will refer such complaint or dispute to you.
  1. Right to Investigate

  1. We reserve the right in our sole discretion to investigate complaints, actual, potential or alleged violations of this Agreement or other agreements applicable to us and any actual, potential or alleged violations of applicable law, but we undertake no obligation to do so.
  2. In connection with any such investigation, we may take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons relating to your profile, e-mail address, usage history, posted materials, IP addresses and traffic information.

  1. Force Majeure

  1. We are not responsible or liable for failure or delay of performance caused by act of war, hostility, or sabotage; act of God; electrical, internet or telecommunication shortage or outage; national, state, or local government restrictions or intervention; or any other event that is beyond our reasonable control, whether foreseeable or not.

  1. Invalidity and Severability

  1. If any provision of this Agreement is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then:

  1. such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;

  1. the remaining provisions of this Agreement shall remain in full force and effect; and

  1. the parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible of the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.

  1. Assignment

  1. You may not assign, transfer or sub-contract any of your rights and obligations under this Agreement to any other person without our prior written consent. We may assign, transfer or sub-contract all or any of our rights and obligations under this Agreement at any time without your consent to:

  1.         our subsidiary or related/affiliated company;

  1. an acquirer of our equity, business or assets; or

  1. a successor by merger.

  1. Waiver

  1. If a party waives any right under this Agreement, it must be done in writing. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. A waiver of a breach of a term in this Agreement does not operate as a waiver of another breach of the same term or any other term.

  1. Equitable Remedies

  1. You acknowledge that the rights granted, and obligations made under this Agreement to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone. As such, we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

  1. Governing Law and Jurisdiction

  1. This Agreement is governed by, and construed in accordance with, the laws of Malaysia. The courts of Malaysia are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.

  1. Entire Agreement

  1. This Agreement and our Privacy Policy constitute the entire agreement between you and Aliments with respect to the Platforms and supersede all prior or contemporaneous understanding and agreements, whether written or oral, with respect to the Platforms. This Agreement creates no third-party beneficiary rights.

  1. Electronic Communication

  1. For contractual purposes, you consent:

  1.         to receiving communications from us in an electronic form via the last email address you have submitted to us; and

  1.         that any terms and conditions, agreements, policies, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

 

21.2        Notice will be deemed given twenty (24) hours after e-mail is sent to the last email address you provided to us or notice is posted on the Platforms.

  1. Copyright and Trademark Information

  1. Copyright © 2019 Wirelessspace Sdn Bhd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platforms are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

  1. How To Contact Us With Questions?

  1. We welcome your feedback, suggestions and questions (“Feedback”). If you wish to contact us, or if this Agreement requires you to give notice to us in writing, please send an email to hello@aliments.my.

  1. If you provide us with any Feedback, you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.