These Terms and Conditions (“Terms”) govern your use of the websites and mobile applications provided by KooDoo (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms.
The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.
KooDoo reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
1.1 Who we are
By using any form of
KooDoo platform, which are, but not limited to the following, you agree to our terms and conditions
(also sometimes referred to as “Terms of Use”)
1.1.1 KooDoo Website
(mykoodoo.com)
1.1.2 Any of KooDoo’s subdomains (*mykoodoo.com/)
1.2 What we do
Through our Platforms, KooDoo connects merchants (“Merchants”) to customers (“You”) for
Merchants to provide services such as self-ordering, take-aways, and loyalty systems to you. When
you place an order from our Merchants (“Order”), KooDoo acts as an agent on behalf of that Merchant
to facilitate, process and conclude the order and subsequently for the Merchant to fulfill your
Order to you. Merchants may be owned and operated by third party Merchants, our affiliate companies,
or us.
1.3 How to contact us
For customer
support, you may reach out to us via email.
2.1 We will ask you to provide your personal information including your name and a mobile phone number in order to use the Platform. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details.
2.2 KooDoo shall not be liable for Orders that encounter issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order.
3.1 Activities Prohibited on the
Platforms
The following is a non-exhaustive list of the types of conduct that are
illegal or prohibited on the Platforms. KooDoo reserves the right to investigate and take
appropriate legal action against anyone who, in KooDoo's sole discretion, engages in any of the
prohibited activities. Prohibited activities include, but are not limited to the following:
3.1.1 using the Platforms for any purpose in violation of local,
state, or federal laws or regulations;
3.1.2 posting any content that infringes the intellectual property
rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3 posting content that is unlawful, obscene, defamatory,
threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity
as determined by KooDoo in its sole discretion or pursuant to local community standards;
3.1.4 posting content that constitutes cyber-bullying, as determined
by KooDoo in its sole discretion;
3.1.5 posting content that depicts any dangerous, life-threatening, or
otherwise risky behavior;
3.1.6 posting telephone numbers, street addresses, or last names of
any person;
3.1.7 posting URLs to external websites or any form of HTML or
programming code;
3.1.8 posting anything that may be “spam,” as determined by KooDoo in
its sole discretion;
3.1.9 impersonating another person when posting content;
3.1.10 harvesting or otherwise collecting information about others,
including e-mail addresses, without their consent;
3.1.11 allowing any other person or entity to use your identification
for posting or viewing comments;
3.1.12 harassing, threatening, stalking, or abusing any person on the
Platforms;
3.1.13 engaging in any other conduct that restricts or inhibits any
other person from using or enjoying the Websites, or which, in the sole discretion of KooDoo,
exposes KooDoo or any of its customers, suppliers, or any other parties to any liability or
detriment of any type; or
3.1.14 encouraging other people to engage in any prohibited activities
as described herein.
3.2 KooDoo reserves the right but is not obligated to do any or all of
the following:
3.2.1 investigate an allegation that any content posted on the
Platforms does not conform to these Terms and determine in its sole discretion to remove or request
the removal of the content;
3.2.2 remove content which is abusive, illegal, or disruptive, or that
otherwise fails to conform with these Terms;
3.2.3 suspend or terminate a user’s access to the Platforms or their
KooDoo Account upon any breach of these Terms;
3.2.4 monitor, edit, or disclose any content on the Platforms; and
3.2.5 edit or delete any content posted on the Platforms, regardless
of whether such content violates these standards.
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of KooDoo and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of KooDoo's trademarks on any other website not approved by us is strictly prohibited. KooDoo will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. KooDoo neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with KooDoo. Use of any materials on the Platforms is at your own risk.
5.1 Some of the Goods we offer on our Platforms are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to process for you based on the relevant statutory requirements of the time being in force.
5.2 Alcohol / Alcoholic Products (“Alcohol”)
To purchase Alcohol, you must be of the statutory legal age., the Merchant, as the case
may be, reserve the right in their sole discretion:
5.2.1 to ask for valid proof of age (e.g. ID card) to any persons
before they process the Order;
5.2.2 to refuse if you are unable to prove you are of legal age;
and/or
5.2.3 to refuse to any person for any reason whatsoever.
5.3 Any offer for any Alcohol made on the Platforms is void when it is prohibited by law.
6.1
Special Instructions
KooDoo and the Merchant (as the case may be) reasonably endeavour to comply
with your special instructions for an Order. However in some cases where this is not feasible,
possible or commercially reasonable,KooDoo and/or the Merchant reserve the right to proceed to
prepare the Order in accordance with standard operating procedures. Neither KooDoo nor the Merchant
shall be responsible to replace or refund an Order which does not conform to special instructions
provided by you.
6.2
Allergens
KooDoo is not obligated to provide ingredient information or allergen information on the
Platforms. Further, KooDoo does not guarantee that the Goods sold by Merchants are free of
allergens. If you have allergies, allergic reactions or dietary restrictions and requirements,
please contact the Merchant before placing an Order on our Platforms.
6.3 Please note that your Order may be subject to additional terms and conditions provided by the Merchant.
6.4 Prior to placing the Order
Once you select a Merchant, you will be taken to that Merchant’s menu page for you to
select and add your Goods to the cart.
6.5 Placing the Order
To complete an Order, please follow the onscreen instructions after clicking
‘Checkout’. You may be required to provide additional details for us to complete your Order. You are
required to review and confirm that all the information you provide, including the amounts, personal
details, payment information, and voucher codes (if applicable) is true, accurate and complete
before you click “PLACE ORDER”. An Order is successfully placed when you receive a notification
confirming your Order on the platform.
6.6 Cancelling an Order
6.6.1 Please contact us immediately at the number provided on our
website if you wish to cancel your Order after it has been placed. You have the right to cancel your
Order provided a Merchant has not yet accepted your Order.
6.6.2 Refunds
(i) Online Payment Orders
You have the right to a refund for a cancelled Order only if a Merchant has not yet accepted
your Order. Should you still decide to cancel your Order after it has been accepted by the Merchant,
you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit
your cancelled Order.
6.7 KooDoo reserves the right to cancel any Order and/or suspend, deactivate or terminate your KooDoo account in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your KooDoo account and/or with your Order.
7.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept the offers offered by our Merchants (either on their own websites, mobile applications, or at their brick-and-mortar outlets).
7.2
The way we display the prices of our Goods may vary depending on the Merchant, and the prices
reflected on our Platforms may:
7.2.1 include GST, VAT or such other equivalent tax; or
7.2.2 exclude GST, VAT or such other equivalent tax.
A breakdown of the prices and additional charges are displayed before checkout. When you
place an order, you agree to all amounts, additional charges and the final ‘Total’ amount which is
displayed to you.
7.3 Prices indicated on the Platforms are as at the time of each Order and may be subject to change.
7.4 You can choose to pay for an order using any of the
different payment methods offered on the Platforms including:
7.4.1 Our payment partners: Visa, Mastercard, American Express;
7.4.2 Wallets;
7.4.3 Such other payment methods we offer from time to time.
7.5 Payment Methods
KooDoo reserves the right to offer additional payment methods and/or remove existing
payment methods at any time in its sole discretion. If you choose to pay using an online payment
method, the payment shall be processed by our third party payment service provider(s). With your
consent, your credit card / payment information will be stored with our third party payment service
provider(s) for future orders.
7.6 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, KooDoo takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
8.1
Wrong Order, Missing Items, Defective Goods
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order,
defective order, or missing items) please contact the Merchant immediately. In some cases, KooDoo
may request for photographic proof and/or additional information to properly investigate the issue
with your Order. If we determine that the Order and/or Goods you received are not of satisfactory
condition or quality, we will compensate you for your Order or parts of your Order.
8.2
Take-Away
8.2.1 Where available, you will have the option of collecting your
Order in-person directly from the Merchant’s premises ("Take-Away"). The Merchant will prepare the
Order and in some cases, a reasonable delay may be expected. The Merchant agrees to hold the Order
for you at the Merchant’s premises for no more than a reasonable period of 2 hours (“Holding Time”)
and shall not be obliged to provide the Order to you if you fail to collect your Order after the
Holding Time.
8.2.2 In the event of unreasonable delays in take-away attributable to
you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in
condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you
shall not be entitled to a replacement, refund or replacement of the Goods. You alone are
responsible for inspecting the Goods/Order when you collect your Order and shall report any issues
and/or defects to the Merchant before leaving the Merchant’s premises.
9.1 From time to time, KooDoo may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
9.3 Unless otherwise stated, Vouchers can only be used on our Platforms.
9.4 Vouchers cannot be exchanged for cash.
9.5 KooDoo reserves the right to void, discontinue or reject the use of any Voucher without prior notice, and individual restaurants terms & conditions apply.
9.6 We may exclude certain Merchants from the use of Vouchers at any time without prior notice to you.
10.1 Representations and Warranties
You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as
available” basis, and that your use of or reliance upon the Platforms and any content, goods,
products or services accessed or obtained thereby is at your sole risk and discretion. While KooDoo
makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are
available at all times, we do not warrant or represent that the Platforms shall be provided in a
manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects
or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system
maintenance work, downtimes attributable to internet or electronic communications or events of force
majeure.
10.2 Limitation of Liability
To the extent permitted by law, KooDoo (which shall include its employees, directors, agents,
representatives, affiliates and parent company) exclude all liability (whether arising in contract,
in negligence or otherwise) for loss or damage which you or any third party may incur in connection
with our Platforms, our services, and any website linked to our Platforms and any content or
material posted on it. Your exclusive remedy with respect to your use of the Platforms is to
discontinue your use of the Platforms. The KooDoo entities, their agents, representatives, and
service providers shall not be liable for any indirect, special, incidental, consequential, or
exemplary damages arising from your use of the Platforms or for any other claim related in any way
to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary
damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work
stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or
losses, even if the KooDoo entities, their agents, representatives, and service providers have been
advised of the possibility thereof and regardless of the legal or equitable theory upon which the
claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or jurisdictions,KooDoo, the
KooDoo entities, its agents, representatives and service providers' liability shall be limited to
the extent permitted by law.
10.3 Merchant’s representations
KooDoo shall neither be liable for actions or omissions of the Merchant nor you in regard to
provision of the Goods to your Order. KooDoo does not assume any liability for the quantity,
quality, condition or other representations of the Goods and/or services provided by Merchants or
guarantee the accuracy or completeness of the information (including menu information, photos and
images of the Goods) displayed on the Merchant’s listing/offering on the Platform. Nothing in these
Terms shall exclude either Party’s liability for death or personal injury arising from its own gross
negligence or willful misconduct.
Merchants are responsible for the preparation, condition and quality of Goods. KooDoo shall not be liable for any loss or damage arising from your contractual relationship with the Merchant.
You agree and consent to KooDoo and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms, and shall form a part of these Terms.
You agree to indemnify, defend, hold harmless KooDoo, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.
The Platforms may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. KooDoo does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. KooDoo accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.
KooDoo has the right to terminate, suspend or delete your account and access to the Platforms, including any other services we provide to you in respect of an Order, for any reason, including, without limitation, if KooDoo, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. KooDoo may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
KooDoo may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision.
These Terms shall be governed by the laws of Malaysia (“Territory”) and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.
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