FoodTime Terms and Conditions

Effective as of 12 December 2016

The Agreement

Thank you for choosing FoodTime ( DALEEN VENTURES SDN BHD (1211650-T) ). By visiting our website, downloading and accessing any of our software applications, or using any of our services offered, you are agreeing to be bound by our Terms and Conditions (“Agreement”) and our Privacy Policy

Description of Our Service

FoodTime is a platform designed to connect you (our customers) directly to your favourite restaurants (our partners) with in-house delivery service. We do not prepare, sell or deliver any of the food items available on the menu.
Our website provides information about our service and download links to our software applications. It also allows you to give feedback through our “Contact Us” form.
Our software applications (available in Android and iOS) enable you to see the list of our partner restaurants, browse through their menus, and select your meals and food items for delivery.
Our news subscription—if you signed up for it—allows you to receive our latest tips, promotions and updates through email, social media, phone messaging, or snail mail.
As a software platform provider, FoodTime does not guarantee the quality of the food offered in any of the restaurants’ menu. We have not verified nor will we be held responsible for any health or preparation claims declared by our partner restaurants.

Placing Your Order

To place your order, you must first download our app and input your personal details. You can then view our list of restaurants and place your order by browsing through the restaurant’s menu. Your order will be processed once you have submitted your order ( By clicking “Confirm My Order”).
Your chosen restaurant will receive the full details and, in the event that there are no additional changes from both parties (you as the customer and our partner restaurants), a confirmation message will be sent to you once your order has been dispatched.

Delivery Method

The delivery service will be done by the restaurant.
The delivery time is different from a restaurant to another one, knowing that it also depends on the pick hour and the availability of the this service.

Returning Your Order

Any disputes arising from your order must be settled solely between you and our partner restaurants. FoodTime is not responsible for the food or services offered by our partner restaurants.

Your Responsibilities

By providing us with your personal details both on our website and the app, you are considered a “member,” “user,” or “customer” of FoodTime. While we will do everything possible to ensure that your use of our services is as smooth as possible, you are also responsible for the following:

You are responsible in reading, understanding and agreeing to the contents of this agreement.
You are responsible in ensuring and maintaining the accuracy of your personal data, including your contact number and delivery address.
You are responsible in ensuring that the meals you have ordered from the restaurant meet your personal standards such as dietary and/or religious preferences
You are responsible for all reviews, feedback and comment you make relating to our app and our partner restaurants.
You are responsible in ensuring you comply with all applicable laws pertaining to all forms of payment made using our app.

Placing Orders and Payment

An agreement is automatically made between you, the restaurant, and FoodTime upon placing your order, and its successful acceptance, this is validated by a confirmation message that you will receive from FoodTime.
All prices quoted, including delivery charges, are solely determined by the restaurant.
The restaurant is fully responsible for preparing your order and ensuring the delivery of your order.
FoodTime and the restaurant are not responsible to replace or refund any order that does not fulfill the special requirements given by you.
You won't be charged for using FoodTime app.
FoodTime does not store your credit card or bank related sensitive information related to payment.
Payment can be made either online via FoodTime available online payment options, or by cash paid directly to the restaurant upon delivery of your order.

Order Cancelation and Refund Policy

You can cancel your order as long as the restaurant did not accept your order yet. You will receive a notification indicating that the restaurant accepted your order, or you can check the FoodTime app to see the status of your order.

Case (A): In case you made an online payment and your order is not accepted yet, you have the right to a refund for this canceled order.
Case (B): You can still cancel your accepted order by calling FoodTime support or the restaurant you ordered from, and you agree that there is no refund will be issued to you and your canceled order won't be delivered to you. In case you select Cash payment for this order, then the cash payment option may be removed from your payment options for your future orders based on FoodTime's sole discretion.
Case (C): In case the restaurant accepted your order but it failed to prepare your order and the restaurant canceled your order, then you have the right to a refund for that order
Case (D): In case the delivery guy couldn't reach your address due to any of these reasons : you provided a wrong address or you didn't show up within 5 minutes or you were uncontactable or there is no secure delivery drop off area, then your order is canceled with no refund.
Case (E): upon collecting your order, if you discover it is a wrong order, or there are missing items, or you got the order in bad condition, you have to provide a photographic proof so FoodTime can investigate the issue and you may be refunded or may get a replacement for your order or part of it.

If you request a refund for a canceled order that conforms to case (a), case (c), or case (e), then FoodTime will refund the amount you paid for this order to you using a bank transfer within a maximum period of 7 business days. Meanwhile FoodTime will keep that amount you paid as your credit that you can use either fully or partially for your next order from FoodTime.

FoodTime reserves the right to suspend any payment method in its sole discretion if it detects fraudulent behavior related to your FoodTime account or with your order history.

Validity of FoodTime.asia records

In case of any disputes concerning this Agreement, the records that we keep—any bookkeeping entry, microfilm, microfiche and computer records—can be used as valid, binding, absolute and exclusive evidence. This Agreement is equivalent to an evidential contract, and you waive any objection to specified FoodTime records, and your right to tender an oath in relation to the proper form of these records.

Governing Law and Competent

This Agreement is governed by and interpreted according to the laws of the country of Malaysia, where FoodTime is incorporated. Disputes concerning this Agreement (including non-contractual disputes) are subject to the exclusive jurisdiction of the courts of Malaysia.

Enforcement

If any part of this Agreement is deemed unlawful, void or unenforceable, then it will be excused from this Agreement. However, this will not affect the validity and enforceability of the remaining parts of this Agreement. If we waive a certain part of this Agreement, it must not be interpreted as a waiver of any preceding or succeeding breach of this Agreement.

License & Intellectual Property Rights

We grant you permission to view, access, share, and download materials that are part of our website according to the terms of this Agreement, solely for your own personal and non-commercial use.
The materials comprising the website—including all articles, text, images, logos, source code, audio and video—are owned by or licensed to us. These materials are protected by intellectual property rights under the state of Malaysia and internationally.
You do not have permission to remove any trademark, copyright or other notice contained in these materials. These materials may not be used, copied, reproduced or distributed in any shape of form for commercial purposes or for compensation of any kind without our prior written consent.

Contribution License

By contributing to any part of our website, you automatically grant us an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, display, modify, translate, excerpt and distribute your contribution for any purpose, commercial or otherwise.
We have the right, at our sole and absolute discretion, to edit, redact, recategorise, screen or delete any contributions that are deemed inappropriate or in violation of this Agreement.

Links to and from other Website

As a courtesy, we may insert links to other websites that may or may not be affiliated with FoodTime.
We are not responsible for the contents of websites that are created and maintained by third-party organisations, nor can we guarantee the accuracy, completeness or timeliness of information they provide. If these third-party websites make references to any commercial product or service, you should not interpret that as an endorsement by FoodTime.
You visit these third-party websites at your own risk.

Limitation of Liability & Indemnity

We provide the FoodTime website and its content on an “as-is” and “as available” basis.
We do not make any representation or warranty of any kind, either expressly stated or implied, regarding the content or availability of this website, including:

That it will be timely or error-free.
That errors or defects will be corrected.
That the site or server that makes it available to you are free of viruses or other harmful components.

If the use or inability to use this website results in any direct, indirect, special or consequential losses or damages, neither FoodTime nor our directors, officers, agents, employees or contractors shall be liable.
You will indemnify and hold FoodTime harmless from any claim, demand or damage, whether they be direct, indirect or consequential. This indemnity applies to all FoodTime parents, subsidiaries, affiliates, agents, offices, directors or employees.

Disclaimer