1.0 Background
These Terms of Use (including all other terms, policies, notices, guidelines, and forms referenced herein or otherwise available on the Platform or by hyperlink) (“Terms”) govern your use of the mobile application provided by ReMeal Sdn. Bhd. (hereinafter referred to as “ReMeal”, “we” or “us”) (the “Platform”). The "Services" we provide or make available include (a) the Platform, and (b) the services provided by the Platform and/or by ReMeal and made available through the Platform. Any new features added to the Services are also subject to these Terms. These Terms govern your use of Services provided by ReMeal. These Terms form the contract between you and ReMeal (“Agreement”).
Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms and consent to the processing of your personal data in accordance with the terms as set out in the Privacy Policy at https://remeal.app/privacy-policy. If you do not agree with the Terms, please do not access or use the Platform, or the Services.
The Platform may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies.
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 Platform 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 Platform immediately.
ReMeal reserves the right to vary 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 varied Terms by your continued use of the Services after any such variation, whether or not reviewed by you.
1.1 Our Services
Through our Platform, ReMeal links you to the vendors owned and operated by a third party (“Vendors”) for you to order a variety of goods including prepared meals and non-prepared food (hereinafter collectively referred to as "Goods") to be collected by you. When you place an order for Goods from our Vendors (“Order”), ReMeal acts as an agent on behalf of that Vendor to facilitate, process and conclude the Order and subsequently for you to collect your Order from the Vendor.
1.2 Contact Us
For customer support, you may reach out to us via email or through our in-app customer support chat feature.
2.0 Use of the Platform and ReMeal Account
2.1 You will need to register for a ReMeal account for you to use the Platform. When you register for a ReMeal account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secure and confidential at all times. You are solely responsible for keeping your password secure and confidential. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your ReMeal account are your sole responsibility.
2.2 If you wish to delete your ReMeal account, please send us an email requesting the same. We may restrict, suspend or terminate your ReMeal account and/or use of the Platform, if we reasonably believe that:
- someone other than you is using your ReMeal account; or
- where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and/or guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platform.
3.0 Prohibited Activities
3.1 Activities Prohibited on the Platform
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platform. ReMeal reserves the right to investigate and take appropriate legal action against anyone who, in ReMeal's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
- using the Platform for any purpose in violation of local, state, or federal laws or regulations;
- posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by ReMeal in its sole discretion or pursuant to local community standards;
- posting content that constitutes cyber-bullying, as determined by ReMeal in its sole discretion;
- posting content that depicts any dangerous, life-threatening, or otherwise risky behaviour;
- posting telephone numbers, street addresses, or last names of any person;
- posting URLs to external websites or any form of HTML or programming code;
- posting anything that may be ‘spam’, as determined by ReMeal in its sole discretion;
- impersonating another person when posting content;
- harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- allowing any other person or entity to use your identification for posting or viewing comments;
- harassing, threatening, stalking, or abusing any person on the Platform;
- engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the sole discretion of ReMeal, exposes ReMeal or any of its users, vendors, or any other parties to any liability or detriment of any type; or
- encouraging other people to engage in any prohibited activities as described within sub-clauses (a) to (m) above.
3.2 ReMeal reserves the right but is not obligated to do any or all of the following:
- investigate an allegation that any content posted on the Platform does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
- remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
- suspend or terminate a user’s access to the Platform or their ReMeal Account upon any breach of these Terms;
- monitor, edit, or disclose any content on the Platform; and
- edit or delete any content posted on the Platform, regardless of whether such content violates these standards.
4.0 Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material, whether registered or unregistered, are the intellectual property of ReMeal 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 ReMeal's trademarks on any other website not approved by us is strictly prohibited. ReMeal will enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. ReMeal neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with ReMeal. Use of any materials on the Platform is at your own risk.
5.0 Orders
5.1 When you place an Order with ReMeal, ReMeal will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include packaging fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
5.2 Special Instructions.
The Vendor reasonably endeavours to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, the Vendor reserves the right to proceed to prepare the Order in accordance with standard operating procedures. Neither ReMeal nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
5.3 Allergens.
ReMeal is not obligated to provide ingredient information or allergen information on the Platform. Further, ReMeal does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platform.
5.4 Please note that your Order may be subject to additional terms and conditions provided by the Vendor.
5.5 Prior to placing the Order:
- You are required to provide your location in order for the Platform to display the Vendors available in your area; and
- Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.
5.6 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 an email confirmation containing your Order receipt from us.
5.7 Cancelling an Order
Please contact us immediately via our in-app customer support chat feature if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet accepted your Order.
5.8 Refunds
- You have the right to a refund for a cancelled Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the collection of your cancelled Order.
- If you are entitled to a refund in accordance with the refund and cancellation policies as set out in these Terms, you agree that we will credit the refund to the same online payment method (such as FPX etc.) used to make the purchase.
- We may require you to provide additional information or supporting documents prior to processing any refund, including picture proof of receipts. We may, in our sole discretion, refuse to process any refund if you fail to provide such additional information or supporting documents.
- If you have not received a refund, you may wish to check your bank account again or contact your credit card company or bank as it may take some time for your refund to be processed. If you have done all of this and you still have not received your refund, please contact our customer support via one of the methods set out in Clause 1.2 (Contact Us) above.
5.9 ReMeal reserves the right to cancel any Order and/or suspend, deactivate or terminate your ReMeal account in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your ReMeal account and/or with your Order.
6.0 Prices and Payments
6.1 Prices quoted on the Platform shall be displayed in Malaysian ringgit and subject to applicable tax. Prices and offers on the Platform may vary from the prices displayed at the premise of the Vendor.
6.2 The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platform may:
- include SST, VAT or such other equivalent tax; or
- exclude SST, VAT or such other equivalent tax.
6.3 Packaging fees may be charged on every Order.
6.4 Prices and additional charges (including but not limited to Packaging fees and Service fees) indicated on the Platform are as at the time of each Order and may be subject to change.
6.5 A breakdown of the prices and additional charges (including but not limited to Packaging fees or Service fees) 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.
6.6 You can choose to pay for an Order using any of the different payment methods offered on the Platform including:
- Our payment partners: Visa, Mastercard, China UnionPay, Apple Pay, Google Pay; or
- Such other payment methods we offer from time to time.
6.7 If you have existing credit in your ReMeal account or valid promotional or discount vouchers, you can use this to pay for part or all of your Order, as the case may be.
6.8 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt.
6.9 Payment Methods
ReMeal 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. ReMeal does not store your credit card or payment information.
6.10 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, ReMeal takes responsibility for payments made on our Platform including refunds, chargebacks, cancellations and dispute resolution, strictly if reasonable and justifiable and in accordance with these Terms.
7.0 Pick-Up
7.1 Order Pick-Up
7.2.1 You will collect your Order in-person directly from the Vendor’s premises ("Pick-Up"). Your email confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.
7.2.2 In the event of unreasonable delays in Pick-Up 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 Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Vendor’s premises.
8.0 Vouchers, Discounts and Promotions
8.1 From time to time, ReMeal may run marketing and promotional campaigns which involve voucher codes, discounts, and other promotional offers to be used on the Platform (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
8.2 Vouchers are subject to validity periods, redemption periods, use restrictions, limits and/or other availability. All Vouchers are offered on a ‘while stocks last’ basis.
8.3 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers.
8.4 Additional terms and conditions (including vendor specific terms) may apply to Vouchers.
8.5 Unless otherwise stated, Vouchers can only be used on our Platform. Vouchers can be redeemed by selecting the payment mode as Vouchers.
8.6 Vouchers are non-exchangeable, non-refundable and cannot be exchanged for cash. Further, Vouchers are non-transferable.
8.7 ReMeal may withdraw, amend and/or alter any applicable terms and conditions of the Vouchers at any time without prior notice.
8.8 ReMeal reserves the right to void, discontinue or reject the use of any Voucher at any time without prior notice for reasons including but not limited to:
(a) any suspected violation of applicable laws, rules and regulations; or
(b) any suspected fraudulent or illegal transaction
8.9 ReMeal may at its sole discretion forfeit, exclude, disqualify or refuse your use of Vouchers for certain Vendors, at any time without prior notice.
9.0 Representations, Warranties and Limitation of Liabilities
9.1 Representations and Warranties
You acknowledge and agree that the content on the Platform is provided on an “as is” and “as available” basis, and that your use of or reliance of the Platform and any content, goods, products and/or services accessed or obtained thereby is at your sole risk and discretion. While ReMeal makes reasonable efforts to ensure the provision of the Platform and the services we offer, are available at all times, we do not warrant or represent that the Platform 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.
9.2 Limitation of Liability
To the extent permitted by law, ReMeal (which shall include its employees, directors, agents, representatives, and affiliates) 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 Platform, our services, and any website linked to our Platform and any content or material posted on it. Your exclusive remedy with respect to your use of the Platform is to discontinue your use of the Platform. The ReMeal 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 Platform or for any other claim related in any way to your use of the Platform. 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 ReMeal, its 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, ReMeal, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.
9.3 Vendor’s representations
ReMeal shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods. ReMeal does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.
10.0 Vendor Liability
Vendors are responsible for the preparation, condition and quality of Goods. ReMeal shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.
11.0 Personal Data Protection
You agree and consent to ReMeal 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 Platform, and shall form a part of these Terms.
12.0 Indemnity
You agree to indemnify, defend, and hold harmless ReMeal, 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 Platform or your breach of these Terms.
13.0 Third Party Links and Websites
The Platform may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. ReMeal does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. ReMeal 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.
14.0 Termination
ReMeal has the right to terminate, suspend or delete your account and access to the Platform for any reason, including, without limitation, if ReMeal, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. ReMeal may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platform.
15.0 Variation
ReMeal may vary these Terms at any time in its sole discretion. The varied Terms shall be effective immediately upon posting and you agree to the new Terms by your continued use of the Platform. It is your responsibility to check the Terms regularly. If you do not agree with the varied Terms, whether in whole or in part, you must stop using the Platform immediately.
16.0 Severability
If any provision of the Terms 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 the Terms, which shall remain in full force and effect.
17.0 Remedies Cumulative
The rights, powers, remedies, and privileges provided to ReMeal under the Terms are cumulative and not exclusive of any rights, powers, remedies and privileges provided by law.
18.0 No Waiver of Rights
A failure or delay in exercising any right, power or privilege in respect of this Agreement by ReMeal will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
19.0 Governing Law
These Terms shall be governed and construed in accordance with the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with the use of the Platform or this Agreement.
20.0 Contact Us
If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email or via our in-app customer support chat feature.
21.0 Prevailing Language
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.
Last Updated: 21 May 2024