Terms and Conditions

Before ordering any Goods or Services from this Platform, please read the terms and conditions ("Terms and Conditions") set out below carefully. By ordering any Goods or Services from this mobile applications (Apps), or by website, you agree to be bound by these Terms and Conditions. This Terms and Conditions only applied to the Customers who order any Goods or Services from the platform.

Introduction

We are EzFood, a brand of HQ EZFOOD DELIVERY SDN BHD and http://www.ezfood.com.my, unless otherwise stated.

Principal Activity

We are a platform for food delivery, linking the Customers and the Merchants. EzFood markets on behalf of our Merchants, concludes orders on their behalf and delivers the Meals to you.

Definitions

  1. "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, the Cancellation and Refund Policy, and any order form and payment instructions provided to you;
  2. "Privacy Policy" means the policy displayed on our Platform which details how we collect and store your personal data;
  3. "Cancellation and Refund Policy" means the policy that governs the withdrawal of placed order and refund of paid sum.
  4. "you", "your" and "yours" are references to you the person accessing this Platform and ordering any Goods or Services from the Platform or from any other channel provided by EzFood;
  5. "we", "us", "our", and "EzFood" are references to the Company;
  6. "Goods" is a reference to any goods which we may offer for sale from our Merchants in our Platform from time to time;
  7. "Service" or "Services" is a reference to any service which we may supply and which you may request via our Platform;
  8. "Platform" is a reference to our Mobile Applications or our Website http://www.ezfood.com.my on which we offer our Goods or Services.
  9. "Merchant" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
  10. "Food Delivery" is a reference to perishable goods and to any form of delivery service, which are provided by us with full responsibility.

Nature of Goods

EzFood is only responsible for the Food Delivery. Please note that some Food and Beverages may not be suitable for all users. As a user, you agree to check that the product you are ordering is suitable for you or the intended recipient.

Ordering

  1. Through our Platform, any contract for the supply of Food and Beverages is between you and the Merchant; any contract for the supply of delivery services is between you and EzFood.
  2. By placing order through our Platform, you agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering, also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location as this is how we will communicate with you about your Order.
  3. If you do not open the door or respond to telephonic correspondence within 5 minutes upon arrival of our delivery drivers, we reserve the right to leave the premises, and you will be charged for the Meal. The delay that caused by your negligence will affect the next service user.
  4. You also warrant that the credit or debit card details that you provided are your own credit or debit card and that you have sufficient funds to make the payment.
  5. We will take extra care and effort to keep the details of your order and payment secure, but in the absence of negligence on our part 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 Platform.
  6. You warrant that the Food Delivery, Goods and Services purchased from this Platform are intended for your use only and not for resale. You are acting as principal and not as agent for another party when receiving the Services.
  7. There is two order methods provided by EzFood, which is Pre-Order system and Free-Order system.
    1. Pre-Order system:

      Under Pre-Order system, you can place an order in advance on a preferred time, however subjected to Merchants’ participation. You must place the order few hours before your preferred time. You can only pre-order in the selected time that prescribed by the merchants. This is not under the control of EzFood.

      We will take extra effort to make your order delivered on your prescribed time as sharp as possible. You are required to make payment for your Pre-Order and only debit & credit card payment is accepted.

      Upon payment, a SMS/What’s App message will be sent to confirm your order. This confirmation will be sent automatically and you must inform us immediately if any details are incorrect to avoid any disappointment and extra charges. Your silence mean the order is error-free and neither EzFood nor the Merchant will be liable.

      The merchant will contact you if there is any product unavailable.

    1. Under Free-Order system:

      Under Free-Order system, you can place an order at any time, however your placed order will be subject to the Merchants’ product availability and our delivery capacity.

      Your order will be accepted if there is any available delivery capacity. A confirmation process in required in your App. All details will be shown in your confirmation page, you are required to check before you confirm to avoid any disappointment and extra charges. Your silence mean the order is error-free and neither EzFood nor the Merchant will be liable.

      The merchant will contact you if there is any product unavailable.

  8. The said confirmation message will specify delivery details including the approximate delivery time specified by the Merchants and confirm the price of the Food Delivery, Meals and Services ordered.
  9. When ordering from this Platform you are required to provide your mobile phone number, e-mail address and password. Please ensure that these details are secure and do not provide this information to a third party. EzFood will not ask for your password at all circumstances. Please report the issues to EzFood support at customer.service@ezfood.com.my if you encountered such problems.
  10. We are committed to provide a quality and imitable delivery service to you. In the event that there is a problem with your Meal either in regards to food quality and/or temperature, we are your first contact. We do monitor our delivery boy very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our delivery or in respect of the meals by emailing or calling us.

Prices and Payment

  1. Through our Platform, any contract for the supply of Food and Beverages is between you and the Merchant; any contract for the supply of delivery services is between you and EzFood.
  2. By placing order through our Platform, you agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering, also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location as this is how we will communicate with you about your Order.
  3. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
  4. All the Food and Beverages, menus, prices, takeaway charges etc., varies and designed by respective Merchants. The price of Meals will be listed on our Platform inclusive of SST. EzFood will not involve in the Merchants’ pricing process and strategy.
  5. Delivery Fee is charged by EzFood, which will be shown separately before your order is placed. Delivery Fee is determined by the distance between you and your merchant’s location.
  6. All prices for delivery by EzFood on the Platform are correct at the time of publication, however, we reserve the right to alter these in the future
  7. A summary stating the total price for Foods and Beverages ordered, Delivery Fees, other charges and SST, will be displayed in the Platform in separate line before you place your order. Please check your order items were correct before making payment.
  8. For Pre-order, full payment must be made via credit or debit cards upon confirmation.
    For Free-order, full payment can be made via credit or debits cards upon delivery acceptance, or cash payment upon delivery arrival subjected to order value does not exceed RM50.
  9. Via credit and debit cards payment, to ensure that your online payment is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit or debit card company may also conduct security checks to confirm it is you placing the order.
  10. A receipt will be automatically generated and send to your e-mail, specifying all the transaction details including the price of the Food and Beverages, Delivery fees, other charges and GST.

    Despite our best efforts, If you found that the prices stated by the Merchants varies to the said receipt, you have the right to report to us, whereby we will be notified and solve your pricing issue.

Delivery

  1. Through our Platform, any contract for the supply of delivery services is between you and EzFood.
  2. By placing order through our Platform, you agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering, also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location as this is how we will communicate with you about your Order. You are required to provide a delivery address, shop/company name and locate by GPS. Goods will be delivered to the address designated by you at the time of ordering.
  3. Delivery service will be provided by EzFood, we will give great care to deliver in a timely manner. It is our sole responsibility to provide the services to you in a timely manner. We will give great care to deliver in a timely manner and take responsibility for late delivery.
  4. We reserve the right to leave the premises if you do not open the door or respond to telephonic correspondence within 5 minutes upon arrival of our delivery drivers, and you will be charged for the Meal. The delay that caused by your negligence will also affect the next service user.
  5. However, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the participating restaurant first. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
  6. Our platform will estimate a time for your reference, however are not approximate and may be varies.
  7. All risk in the Goods and the Food Delivery shall pass to you upon delivery.
  8. In case of a late delivery, the delivery charge will neither be voided nor refunded by EzFood. However it is your right to report and feedback your unsatisfactory experience. Your contribution will be our improvement.
  9. You agree to ensure that at the time of delivery of Food Delivery is adequately arranged, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
  10. You have the right to track your delivery progress. Our platform will provide you a live tracking system that you can monitor your delivery progress. You can also directly communicate to your delivery boy in-charge.

Cancellation and Refund Policy

  1. You are given the right to cancel your order within thirty second from your order placed through the Platform, no cancellation fees applies if you cancel within your reserved time.
  2. If the cancellation was made in time, we will refund the balance to your account as store credit and primarily be deducted upon next purchase.
  3. If you have failed to cancel the order within the time given, you are required to call the merchants and quote your order number if you decided to cancel your order. If the restaurant accepts your cancellation, no cancellation fee applies.
  4. If the restaurant refuses cancellation, e.g. because food has been completed and/or delivery boy has already been departed, it is not cancellable. We will not refund any order which has already dispatched.
  5. After placing the order and subsequently found that the food that you order is not available due to merchant’s negligence, the merchant will call and notify you that your order will be cancelled. We will return any payment that you have made as store credit; if you agrees the Merchants’ replacement or modification of order, the transaction will goes on.
  6. Our delivery is based on the unique order ID. In the event that we have made a completely wrong delivery ID, you have the right to reject the delivery and you are entitled to be fully refunded.
  7. In the event that a wrong item has been packed, you have the right to reject the delivery and you are entitled a full refund.

    In the event that some items were found missing, you are entitled a partial refund for the missing items. The merchant may inform you or propose a replacement for missing items by call if the Merchants can do a partial delivery (a few items might be not available). You have the right to refuse a partial order and get a refund in the form of store credit.

  8. We are not responsible for wrong item packed. The issue has to be settled directly with the Merchant. It’s your right to report the issue to EzFood Customer Services for assistance if you could not reach a consent with the Merchant.
  9. Any payment made prior to cancellation will be refunded in the form of store credit and be prioritize in deduction against your next purchase.
  10. We do not automatically process your refund until you request to do so. Your store credit can be left in our Platform and being utilized for future order. It will take 3-7 working day to process your refunds upon request.

Feedback and Complaints

    We take complaints very seriously and aim to respond to your complaints within 2 working days. All complaints should be addressed to customer.services@ezfood.com.my

    Your suggestions and complaints do matters to us. Our improvements require your contributions.

Limitation of Liability

  1. We will put extra effort to ensure that the information on the Platform is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Platform 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 Platform and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
  2. 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 Platform, or your consumption of any food or beverages from a merchants.
  3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services 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 Goods or Services. 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 our negligence.
  4. 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 Platform.
  5. We shall not be held liable for any failure or delay in performing Services or delivering Goods 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.
  6. No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
  7. The services we 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 Platform or for any products or services purchased from us.
  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.
  9. In the event EzFood has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, EzFood 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, EzFood reserves the right to seek compensation from any and all violators.
  10. Offers are subject to EzFood's discretion and may be withdrawn at any time.

General

  1. All prices are in Malaysia Dollars. SST is included where indicated.
  2. We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
  3. Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
  4. Do not use or launch any automated system or program in connection with our Platform or its online ordering functionality;
  5. Do not collect or harvest any personally identifiable information from the Platform, use communication systems provided by the Platform for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Platform with respect to their submissions to the Platform, or publish or distribute any vouchers or codes in connection with the Platform, or scrape or hack the Platform.
  6. 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 Platform, these Terms and Conditions shall prevail.
  7. 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.
  8. 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.
  9. 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.
  10. 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.