IMPORTANT: PLEASE READ CAREFULLY TO UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”).
By installing, accessing or using pidepide.com.my website, mobile applications, email
newsletters and subscriptions, and other digital properties on which these terms are
posted or referenced (together, “online services”), you are entering into an agreement
with Pidepide Restaurants and Food Delivery Sdn Bhd (“Pidepide”, “we” or “us”) in
Malaysia.
By accepting these terms, you understand and give your consent to Pidepide’s Privacy
Statement as contained in Pidepide Privacy & PDP
Policy, which is incorporated into, and
part of, this agreement. Our Privacy Statement describes how we collect, use and share
information.
The online services are not intended to be used by anyone under the age of 13. You must be at least 13 years old to use our online services. If you are at least 13 but not yet 18 years old, then you must review these terms with your parent or guardian. They must understand and agree to these terms in order for you to use our online services.
If you or your parent or guardian do not agree to these terms, then you must immediately
stop using our online services and request from Pidepide to close any online services
account that you have created. You can request account deletion by sending an email to
management@pidepide.com.my,
please include the email address of the account that you want to be deleted.
1. About the online services.
Availability of products and services. Pidepide's products and services are
available in many parts of the world. However, the online services may describe products
and services that are not available worldwide.
Obey the rules of the road. Whenever you use the online services, you must
obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE
THE ONLINE SERVICES WHILST DRIVING OR WHILST BEHIND THE WHEEL OR CONTROLS OF A VEHICLE
THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only
use the online services when it is lawful and safe to do so.
You are responsible for your devices and accounts. You are responsible for
any devices, software and services needed to use the online services. Pidepide does
not guarantee that the online services will fully function on any particular device or
with any particular software. You are also responsible for any messaging and data
charges, fees and taxes for your use of the online services, including when we
communicate with you by text, email or other means that you choose. You may only use the
online services with devices that you own or control and using only the authorized
operating system (e.g., Apple iPhone OS for Apple devices). If you create an online
services account, you are responsible for keeping the account secure and for all
activity under the account. You can only use one online services account and must keep
your account information accurate at all times.
Pidepide’s right to update or terminate the online services. You understand
and consent that (with or without notice) Pidepide may update, modify or terminate the
online services (or your access to them) from time to time, including by pushing updates
to (or removing functionality or access from) any Pidepide mobile app that you have
installed on your device.
Updates to these terms. Pidepide may also update these terms at any time
and at its sole discretion. If Pidepide makes material changes to the terms, we will
notify you by any reasonable means such as by posting the new terms in the online
service. If you do not agree to the changed terms, then you must immediately stop using
the online services and request that Pidepide close any online services account that
you have created. To close your account, you can email us at management@pidepide.com.my.
2. Our information practices and communications with you.
Pidepide Privacy Statement. These terms incorporate our Privacy Statement as
contained in Pidepide
Privacy & PDP Policy as part of the terms. Our Privacy Statement
describes our information practices, including how we collect, use and share
information.
How we communicate with you. Through the online services, you may opt in to
receive emails, text messages to the mobile number you provide to us or push
notifications from Pidepide. When you opt in to any of these types of communications,
you understand and consent that that you will receive marketing, transactional and other
messages from Pidepide. Pidepide may use the information you have provided to us to
communicate with you in accordance with Pidepide
Privacy & PDP Policy.
Opting out of communications generally. You have a choice in how we
communicate with you. You can generally find your communication preferences with
instructions on how to opt out in the profile section of our online service that you
use. You may also have the ability to change your communication preferences using your
device settings. In addition, our communications themselves may include the opportunity
to opt out. You understand and agree that you may need to separately manage your
communication preferences for each communication method. For example, if you opt out of
receiving marketing emails, you may still receive marketing text messages if you’ve
opted in to receiving them. Whilst we do our best to offer convenient methods for you to
manage your communications preferences, you may need to separately adjust your
preferences for each online service and communication method. Please note that for some
account-related and transactional communications, the only way to stop receiving these
communications may be to close your online services account.
3. Offers.
You have the possibility of receiving offers through our online services. The following
general terms apply to the offers: (1) the offer may only be available through that
particular online service and for the product shown and subject to availability, in
participating restaurants only, and until the expiration date; (2) serving times apply
(e.g., certain non-breakfast offers may not be available at breakfast serving times);
(3) unless otherwise stated each offer expires on redemption; (4) only one offer can be
used per restaurant visit; (5) offers are not transferable; and (6) there is no cash
alternative. In addition there may be specific terms that apply to the offer which are
stated on the app next to the offer. Not all offers may be combined with orders.
You purchase products directly from restaurants. When you redeem offers, you
redeem offers directly with a participating restaurant and the contract for supplying
the products will be between you and the restaurant that accepts your order (and not
with Pidepide nor any other Members of the Pidepide System). The restaurant where you
collect your products is responsible for preparing the products and providing them to
you. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE PURCHASING DIRECTLY FROM RESTAURANTS
(AND NOT Pidepide OR ANY OTHER MEMBERS OF THE Pidepide SYSTEM) AND THAT NEITHER Pidepide
NOR ANY OTHER MEMBERS OF THE Pidepide SYSTEM HAVE ANY RESPONSIBILITY ARISING OUT OF OR
RELATED TO ANY PRODUCTS THAT YOU PURCHASE FROM RESTAURANTS USING ORDERING. Pidepide
Corporation, its subsidiaries, affiliates, their franchisees, agents, representatives,
and agencies and their officers, directors, and employees are together, "Members of the
Pidepide System".
About the products in the online services. All products are subject to
availability at the restaurant where you collect your order. Some restaurants do not
sell all products. Images of products and packaging on the online services are examples
only and may not be identical to the product or packaging you receive from a restaurant.
Differences may be due your device’s display of colours or factors such as the
ingredients used, the supplier, the region of the country and the season of the year.
About the prices in ordering. Each restaurant independently determines its own prices
and independently applies the local sales tax rate or any fees required by law. Prices
include Goods and Services Tax at the rate of 6% or such other tax and/or rate as may be
determined by local law from time to time. Certain offers and pricing may not be
available for all orders at all locations. In the event you discover an error in the
price of the product charged to you, please contact the restaurant where you purchased
the product to seek a refund of the difference.
Refunds and your consumer rights. If you desire to seek a refund for any
reason, including if the products are unsatisfactory or for other reasons, please
contact the restaurant where you purchased the product regarding any refund due to you.
Your legal rights in this respect are not affected by anything in these terms.
4. Ownership and Licenses for the online services.
Pidepide intellectual property ownership. Any and all rights in the online
services are and shall remain the exclusive property of Pidepide or its licensors. For
purposes of clarity, “online services” includes any and all content on the online
services, such as, but not limited to, text, images, graphics, logos, page headers,
button icons, images, audio clips, digital downloads, data compilations, software,
trademarks, service marks, trade dress, audio, video, data and other materials
(together, “content”) as well as any part of the online services. The online services
are licensed, not sold, to you. Nothing in these terms intends to transfer any such
rights to, or to vest any such rights in, you. You may not take any action to
jeopardize, limit or interfere with Pidepide or its licensors’ rights.
Your license to use the online services. Subject to these terms, you are
granted a personal, non-exclusive, non-transferable and revocable license to use the
online services solely for your own personal, non-commercial purposes solely in
accordance with these terms. For purposes of clarity, “Use” includes access, interact
with, and display. No licenses or rights are granted to you by implication or otherwise,
except for the licenses and rights these terms expressly grant to you. Pidepide reserves
all other rights.
Trademark information. Trademarks, service marks, and all graphical
elements, including the look and feel appearing on the online services, are distinctive
and protected trademarks or trade dress of Pidepide or licensors. The online services
may also contain various third-party names, trademarks, and service marks that are the
property of their respective owners.
5. User submissions and unsolicited ideas
User submissions. Some online services may allow you to send comments, remarks,
suggestions, ideas, graphics, photographs, questions, complaints or other information
posted or communicated to Pidepide through the online services (together,
“submissions”). You understand that by submitting any information to Pidepide through
the online services, you grant Pidepide a perpetual, irrevocable, worldwide,
non-exclusive, royalty-free, transferable license to use, reproduce, distribute,
sublicense to others, modify, translate, prepare derivative works of, publicly display,
and publicly perform the submissions, including to use them for any commercial or other
purpose whatsoever without approval from or compensation to you or any other person,
including to use them for any commercial or other purpose whatsoever without approval
from or compensation to you or any other person. Pidepide will not be required to treat
any submissions as confidential.
Unsolicited ideas. It is Pidepide policy not to consider unsolicited ideas.
While we appreciate you taking the time to consider Pidepide, we’re unable to review new
ideas from outside the Pidepide system. You expressly waive any and all claims against
Pidepide and Members of the Pidepide System in connection with Pidepide consideration,
use or development of any product, design, concept or other materials similar or
identical to your submission now or in the future. Please see Pidepide FAQs for more
information.
6. Acceptable uses and restrictions for the online services.
Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:
Use the online services for any purpose that is unlawful or prohibited by these terms;
Delete or change any copyright, trademark, or other proprietary notices;
Attempt to obtain ownership or title to the online services, including the content;
Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations and you also represent and warrant that you are not committing any offence under the Malaysian laws, in particular Chapter VI(A) of the Penal Code, Prevention of Terrorism Act 2015, Prevention of Crimes Act 1959, Security Offences (Special Measures) Act 2012, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and National Security Council Act 2016.
Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, Pidepide network or any user accounts associated with the online services.
7. Limitations on liability and disclaimers.
Limitations on Pidepide liability. Neither Pidepide nor any other members of the
Pidepide System shall be liable for any direct or indirect lost profits or lost business
damage, special, indirect, consequential, exemplary, or incidential damages including
lost data related to or arising out of our Online Services. Nothing in this section is
intended to limit Pidepide liability for death, personal injury or property damage to
the extent caused by Pidepide own negligence, gross negligence, or intentional or
unlawful misconduct. Furthermore, nothing in this section is intended to limit or alter
your rights as a customer that cannot be limited or altered under the applicable law.
Pidepide reserves all legal rights to recover damages or other compensation under these
terms or as allowed by law.
Pidepide provides the online services “AS-IS” and without any warranties.
The online services may include inaccuracies or errors. Pidepide provides the Online
Services "AS-IS" and without warranties of any kind either expressed or implied.
Pidepide disclaims all warranties of merchantibility and fitness for a particular
purpose. Pidepide dies not warrant or make any representation that the Online Services
will be accurate, reliable, uninterrupted or Error-free, that defects will be corrected,
or that the Online Services are free of viruses orother harmful components. You assume
total responsibility related to your use of the Online Services. Your sole remedy
against Pidepide and all other members of the Pidepide System for dissatisfaction with
the Online Services is to stop usind them. This limitation of relief is a part of the
bargain between the parties.
Third party services. The online services may link to or allow you to use
third-party websites, downloadable materials, content, social networks, or other digital
services (together, “third party services”). These third parties may have their separate
terms and conditions or privacy policies that you should review and understand before
using them. Pidepide does not endorse and is not associated with any of these third
party services. Pidepide has and all other members of the Pidepide System have no
responsibility for any loss or damages ariing from or related to these third party
services..
Events beyond our control. Pidepide and other members of the Pidepide System
have no responsibility for Pidepide failure to perform and of it's obligations under
these terms caused by or related to any event beyond Pidepide reasonable control. If
such an event occurs, then Pidepide obligations under these terms will be suspended for
the duration of the event; and Pidepide may, but is not required to, use reasonable
endeavors to find a solution by which its obligations under these terms may be performed
despite the event.
8. Apple Applications
These terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at https://www.apple.com/legal/internet-services/itunes/us/terms.html), including the Licensed Application End User terms therein (“Apple terms”). If you are using the online services through Apple application (“Apple Application”), you also acknowledge and agree:
Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact Pidepide, not Apple, using the above Support Services details;
except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and Pidepide (and not between you, or anyone else, and Apple); and
in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.
9. Miscellaneous
Pidepide makes no representation that the online services are appropriate or available outside of the Malaysia. If you use the online services from other locations you are responsible for compliance with applicable local laws.
These terms will be governed and interpreted pursuant to the laws of Malaysia, notwithstanding any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the competent courts in Malaysia for purposes of any legal action arising out of or related to these terms or the online services.
Although these terms govern the online services as between Pidepide and you only (and although Apple is not a party to, and no other Members of the Pidepide System are parties to, these terms), Apple and other Members of the Pidepide System are third party beneficiaries under these terms and will have the right to enforce against you those rights that Pidepide holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
The terms are written in English. Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English version controls.
On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all of rights of Pidepide and other Members of the Pidepide System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well all restrictions on use, all limitations on liability and disclaimers.
Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
If Pidepide fails to insist that you perform any of your obligations under these terms, or if Pidepide does not enforce its rights against you, or delays in doing so, that will not mean that Pidepide has waived its rights against you and will not mean that you do not have to comply with those obligations.
Pidepide may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Pidepide agrees in writing.