You may order freshly prepared meals or such other products available atthe Website or the App, and we will make deliveries on the specifiedtime and date you may wish to have the meals delivered to your homeor office. Orders must be received before the specified cut-off timefor that given product which will be shown as you proceed through theordering process. You shall review your order carefully beforeplacing it and report to us if there is any inconsistency, we shallnot be held responsible for any failure to do so.
We may however, in our sole discretion, choose to not process or tocancel your orders in certain circumstances. This may occur, forexample, when the meals or products you wish to order is no longeravailable, the particular kitchen making the meal is closed, out ofcoverage for delivery, or in other unforeseen circumstances. We willnot charge you and will refund the charges for orders that we do notprocess or cancel.
While we endeavour to provide accurate description of the products and/orservices offered on the Website and the App, we do not provide anywarranty or guarantee as to the accuracy, timeliness, performance,completeness, reliability or suitability of the information andmaterials found or offered on the Website, and the pictures shown arefor illustration purpose only. You acknowledge that such informationand materials are provided on “as is” and “if available”basis, and may contain inaccuracies or errors and we expresslyexclude liability for any such inaccuracies or errors to the fullestextent permitted by law. It is solely your responsibility to evaluatethe accuracy, completeness and usefulness of all information andmaterials found or offered on the Website generally.
In the event of unavailability of certain ingredients, we will replacewith similar ingredients while preserving the quality of the meals.While we attempt to identify ingredients that may cause allergicreactions for those with food allergies, we however do not makerepresentation on the same and there is always a risk ofcontamination. If you are concerned with food allergies, please beaware of the said risk and that we may prepare food and useingredients that contain nuts, nut oil, dairy, seafood, shellfish andgluten.
We endeavour to ensure and maintain the quality and hygiene of the mealsprepared for you, if however in the unlikely event that you found themeals delivered are not in good condition or contained items that donot belong therein, please do not consume the said meal but tocontact us and we will replace another meal for you.
HomelyYummies provide a delivery service by our very own riders. However,if the need arises, Homely Yummies shall use third party delivery expertise. Whilst we aim to ensure good service levels of-third party service providers, we are not able to warrant their conduct or behavior and shall not be held responsible for any omissions or misconduct caused by such third-party service providers. Your order will be delivered at the time slot selected and we endeavour to meett he said delivery time slot. However, it may be occasionally delayed due to traffic flow, weather conditions, unforeseen incidences or force majeure events, and we shall not be held liable for failure to deliver.
If it is in our view that the delivery of your order is likely to be substantially delayed, we will contact you to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and we will: (i) if cash payment is to be made upon delivery, not charge you for the order; or (ii) if online payment has been made, refund you the cost of such order. The processing of the refund may take up to five (5) working days ONLY.If a cc payment has been made, we will refund via bank transfer to your personal bank account. Homely Yummies only refunds cash payments, an not cc refunds. This is for the ease and security of our clients – in order not to wait too long for a refund
You are responsible to be available at the time of delivery and ensure adequate arrangement is made. All risks in the products shall pass to you upon delivery. In any event where we are unable to reach you, we will attempt to contact you at the phone number given and if you ares till unreachable, the order shall be deemed delivered and you will be liable for its payment in full as if you had received the order.We shall not be held responsible for your failure to provide adequate access or arrangements for delivery.
To ensure the highest quality of the meal served, it is highly recommended that all meals should be consumed immediately after delivery.
4.Price and Payment
All prices are in Malaysian Ringgit (MYR). The prices are correct as shown on the Website and are inclusive of applicable tax and delivery charges unless the delivery address is not within the delivery are awhere by minimum order requirement shall apply. We reserve the right to review the prices from time to time. Payment can be made online(via Paypal, FPX bank transfer, debit or credit card payment) or cash on delivery.
Orders are considered final as soon as they are placed and modification/cancellation is generally not permitted. That said, we do make exceptions on a case-by-case basis and please inform us at least before 10pm on day before delivery. In the event of cancellation, where cc payment has been made, we shall proceed to do a cash refund.
5.Accounts & Registration
When ordering through the Website, you are required to provide certain information or to register for an account, and information required includes your name, email address, credit card number, phone number and delivery address. You warrant that you have the legal capacity to use and to order through the Website. You agree that the information you provide to us 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. If you have reason to believe that your account is no longer secure,then you must immediately notify us by sending us an email at firstname.lastname@example.org.
We shall take all commercially reasonably 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 Website unless we have been proved to be negligent in securing the information provided.
6.Use of Information
You authorize us to use, store or otherwise process your personal information in order to provide the delivery of the order to you and for marketing and credit control purposes (“Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the delivery of the order to you.
By using or ordering via the Website you acknowledge and agree that the use of the Website is at your own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall we be liable for any direct, indirect, incidental, special,consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use the Website, or any application or material on any site linked to this Website (including but not limited to any viruses, bugs or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of the Website by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.
We disclaim any and all liability to you for the supply of the delivery and products to the fullest extent permissible under applicable laws unless the loss or damage is due to our willful misconduct, or gross negligence. This however shall not affect your statutory rights as a consumer under applicable laws. In the event that we are found liable for any loss or damage, such liability is limited to the amount that you have paid for the relevant products. We shall not be liable for any consequential, indirect or special damage, howsoever arising.
In the event of reasonable belief that there exists an abuse of promotional event and/or suspects instances of fraud, we may cause the suspected user to be blocked immediately and reserves the right to refuse future services. Additionally, should there exist an abuse of vouchers or discount codes, we reserve the right to seek compensation or damages from any and all violators. Any promotions or offers are subject to our sole discretion and may be withdrawn at anytime and without prior notice.
The Website or the App may include content, information or links to third parties or third-party sites. We shall not be held responsible for the content of any such sites or neither for the content of any third-party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at your own risk and we make no representations or warranties about the content,completeness, or accuracy of these links or the sites hyperlinked to this Website or the App. You agree to hold harmless and relieve us from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys'fees, resulting from any use of the Website or the App, or as a result of violation of this Terms and Conditions by you or through use of your account.
8.Intellectual Property Rights
All intellectual property rights in connection with the Website – and all future apps or online portals linked with Homely Yummies(including but not limited to, the recipe, design, layout, look,text, appearance and graphics) are owned by us and must not be reproduced without our prior written consent. You may for your own personal use, to print and download the materials or bookmark or share links directing others to the content on the Website and the App, provided that you do not modify, reproduce or republish any content either online or offline, without our consent.
You are not allowed to use or launch any automated system or program in connection with our Website or the App or its online ordering functionality.
You may not collect or harvest any personally identifiable information from the Website or the App, use communication systems provided by the Website or the App for any commercial solicitation purposes,solicit for any reason whatsoever any users of the Website or the App with respect to their submission to the Website or the App, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website or the App.
11.Variations of Terms and Conditions
Were serve the right at our sole discretion to vary, modify and make changes to these Terms and Conditions from time to time, and any such variations shall become effective once posted on the Website. You agree that the continued use of the Website indicates your acceptance of the modified Terms and Conditions.
If any provision of these Terms and Conditions shall be deemed invalid,illegal or unenforceable, such provision shall be deemed deleted without affecting or impairing the remainder of the Terms and Conditions which shall continue to be in force.
We may subcontract any part or parts of the services or products that we provide to you from time to time and we may assign or change any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you. You may not assign,sub-license or otherwise transfer any of your rights under these Terms and Conditions.
14.Law and Jurisdiction
These Terms and Conditions 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. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.