Version: WarongKu 1.0.0
Effective Date: [1st Dec 2021]
PART A – GENERAL CONDITIONS
ACCEPTANCE OF TERMS
By using the Platform, you hereby agree that you have read and understood the terms in the Agreement. You understand and acknowledge the Agreement constitutes a legally binding agreement between you and WarongKu.
We reserve the absolute discretion to amend the terms in the Agreement from time to time. Such amendments shall be effective as soon as it is published on our Platform. It is your responsibility to review the Agreement regularly on our Platform. By continuing to use our Service after any such changes made by us from time to time, whether reviewed and/or agreed by you, it shall constitute and be deemed as your agreement/acceptance to be bound by such amendments.
If you use the Service in a country other than the country where you registered for the Application (the “Other Country”), you shall observe and be bound by the Agreement applicable in the Other Country which can be found at on our Platform. The Agreement for Other Country may differ from the country where you registered. By using the Platform in the Other Country, you agree to be bound by prevailing Agreement in the Other Country.
Please be advised that we are a platform which provides technology solution including, to match users to services provided by independent third-party providers. In such circumstances, our role is merely to match the users with such third-party provider made available on our Platform. In the circumstances, we shall not be held responsible/accountable for the acts and/or omissions of any third-party provider on and/or outside our Platform. You hereby understand that all liabilities shall always be borne by the third-party provider. You understand and acknowledge that all third-party providers are independent contractors and are not agent, employee, or affiliate of WarongKu, and the services provided by Third-Party Providers shall not be deemed to be provided by WarongKu.DEFINITION AND INTERPRETATIONIn this Agreement, the following words and expressions shall unless the context otherwise requires have the following meanings:
|“Business Day”||means a day other than a Saturday, Sunday or Public Holiday on which banks are open for general business in Malaysia;|
|“Merchant”||mean merchants who have duly registered its business with WarongKu for the purpose of the Service;|
|“Platform”||means the technology platform, application, portal, website and/or such other medium that is made available by WarongKu from time to time, which enables Users to request and/or access Solutions;|
|“Runner”||means an independent contractor that provide delivery services for-hire as well as the Service (as made available basis) on the Platform;|
|“Service”||means the services which is provided and/or as made available on our Platform from time to time, which shall include but is not limited to:Warong Food;Warong Mart;Warong Express;|
|“Third-Party Provider”||means the any independent third-party service provider which provides their respective services via our Platform, which is including but is not limited to third party Runner and Merchant;|
|“User”||means any person who uses and/or is registered as a user on the Platform; and|
|“User Charges”||shall mean charges incurred by Users for using the Service as published on the Platform from time to time, including any applicable tolls, levy, taxes and any other disbursements, fees or charges that may be applicable as result of using the Platform and/or Service|
All Clauses, Schedules and Appendices are references to the clauses, schedules and appendices in this Agreement.
References to any statute, rule, regulation, order or directive shall be construed as references to such statute, rule, regulation, order or directive as respectively amended or re-enacted or as their operation is modified by any other statute, rule, regulation, order or directive.
Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate unincorporated associations and partnerships.
No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of this Agreement or any part of it.
You are NOT eligible to use the Platform without consent if you are under 18 years of age or any other age, which the law does not allow you to enter into a legally binding contract in the Other Country you are from. If you are between the ages of 13 and 17, you can use the Services with the consent and supervision of your parent and/or legal guardian who is at least 18 years old, provided that your parent and/or legal guardian also agrees to be bound by the Agreement and agrees to be responsible for your use of the Platform.
You are not eligible to use the Platform if you have previously been suspended from using the Platform for any reason and we have not explicitly authorized you to resume using the Platform. We reserve the right to refuse use of the Platform to anyone and to immediately reject, cancel, interrupt, remove or suspend a User at any time for any reason whatsoever, without liability.
As part of providing, you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
You acknowledge and agree that WarongKu may disclose Personal Data of other individuals to you during your use of the Platform. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by WarongKu, and not for any other unauthorized purposes.
REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
By using the Platform and/or as a User, you represent, warrant, and undertake that: –
All the information which you provide shall be true and accurate. We are not required to inspect or verify information that you furnished. As such you shall provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times whilst using the Platform. You understand that WarongKu and/or other User may rely on your information as accurate, current and complete. In the circumstances, you acknowledge that if the information you furnished on the Platform is untrue, inaccurate, not contemporary or incomplete in any manner whatsoever, WarongKu and the other User shall not be responsible for any losses your incurred and we reserve the discretionary right to terminate this Agreement and your use of the Platform at any time with or without notice.
You will not allow anyone but yourself to use your User account and you agree to notify us immediately of any unauthorized use of your account or any other breach of security that is within your knowledge;
You will only use the Platform for its intended and lawful purposes only;
You will use strong password, keep your password or any identification information we provide you which will grant access to the Platform secure and confidential;
You will not make any attempt to disrupt or harm the Platform in any manner whatsoever.
You will not attempt to commercially abuse any part of the Platform without our prior written consent, including but not limited to modify any of the content, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our prior written consent.
You may not assign or otherwise transfer your user account to any other person or entity without our written consent.
You agree to assist WarongKu with any internal or external investigations as may be required by WarongKu from time to time in complying with applicable laws or regulations.
You will provide us (when requested) with documents and information as proof of your identity.
You will not use the Platform for any illegal, unlawful, dangerous and harmful purpose.
You will not use the Platform to cause nuisance, annoyance, inappropriate and/or disrespectful to other Users of the Platform, including but not just limited to Merchant, Runner and Third-Party Provider.
You will not abuse, copy and/or distribute any of the contents made available on the Platform, including User generated content.
You agree that the Platform and Service is provided on a reasonable effort and/or as made available basis.
You agree to assume full responsibility and liability for any loss or damages you suffered because of your breach of this Agreement.
You will act in such manner with the intent of evading detections and/or facilitating any activities intended to defraud WarongKu and/or User or to disrupt the Platform in any manner whatsoever.
You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings.
You shall not contact the other User including Third-Party Provider for any other purposes other than the Service.
You shall not intentionally or unintentionally cause or attempt to cause damage to the Third-Party Provider, the Vehicle and/or any property of other User.
You understand and agree that only one (1) account can be registered on one device.
You are aware that you shall bear your own telecommunication expenses in relation to use of the Platform; and
You agree that WarongKu may at its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
You also agree that WarongKu has the right to impose monthly service charges to dormant account for inactivity after the period after six (6) months from the last interaction with the Platform.
INTELECTUAL PROPERTY RIGHTS AND USE
All intellectual property rights subsisting and/or deriving in relation to the Platform and Service shall remain the property of WarongKu or had been lawfully licensed to us. As such, where applicable, we grant you a revocable (at our sole discretion), non-exclusive, non- transferable, limited license to use and access the Platform to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by WarongKu and its licensors.
You shall not use any of the content, information and data made available on the Platform for any other purpose apart from what is permitted in the Agreement, unless you have obtained prior written consent from us.
PAYMENT FOR SERVICE
Users are required to pay the applicable User Charges for respective Service on the Platform by using the available payment method provided by us, which can be selected at the time of booking. Any payment made on the Platform is non-refundable and irrevocable.
Online and/or automated payment method shall be based on what is made available by us on the Platform from time to time. User are subjected to and must adhere to the terms of the applicable for respective payment method and other agreements imposed by payment provider.
Please be advised that, to the extent that the Service is rendered in conjunction with any other provider of services, the same shall also be true, namely that to the extent that a User of the Platform hereunder does so in conjunction with the services of another service provider, such User will be subject to the other service provider’s terms of service, and neither WarongKu or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the actions or performance (or lack thereof) of the other. These Terms shall not in any way supersede the terms of any other service provider for using their service, nor shall the terms of service of any other service provider supersede the terms of the Agreement with respect to the Platform and/or Service.
By using the Platform, you agree to the payment provider to withhold the User Charges and making these User Charges available to WarongKu.
Tipping feature may be made available, in such circumstances you may use the available “tip” features as made available. Such amount will be automatically be deducted and be included as part of User Charges after the Service has been rendered.
All request and/or transaction placed on the Platform by you shall at all material times be treated as valid, confirm and devoid of error. You shall not be entitled to cancel a request and/or transaction after it is confirmed. In the event you decide to cancel a request and/or transaction after it has been confirmed, you shall remain liable to pay the applicable User Charges for the requires and/or transaction in full regardless of whether it has been completed or executed by the Third-Party Providers.
In the circumstances that you choose self-pickup option, you will be deemed to have cancelled a request and/or transaction when you fail to collect it within the time specified on the Platform or as stipulated by WarongKu. WarongKu and Third-Party Provider shall not be responsible to maintain and comply with the request and/or transaction after the said period has lapsed.
Any complaints between Third-Party Providers and Users must be taken up with each other directly.
INTELLECTUAL PROPERTY OWNERSHIP
All User including Third-Party Providers may be allowed to rate each other performance, conduct, behavior and/or such other aspect which are not in contravention and/or violation of the Agreement in respect of Service.
Rating submitted or given by User will be automatically logged onto our system, which shall analyze all ratings input. In response thereto, WarongKu shall have the absolute discretion to take any appropriate actions including warning, temporary and/or permanent suspension, as well all termination of your use of the Platform without any notice or compensation to you.
You hereby agree and understand that as a user you are responsible and shall maintain in confidence all information and data that you received which are disclosed to you by or on behalf of WarongKu (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from WarongKu, or any of its affiliate companies, or created in the course of this Agreement.
You shall at all material times only use such confidential information to use the Service, and shall not without WarongKu’s prior written consent, disclose such information to any third party nor use it for any other purpose whatsoever.
You also understand and shall not hold WarongKu accountable for any loss and/or damages as a result of breach of confidentiality done by other User of the Platform against you as they are independent parties whose behavior are outside of our control.
Unless specified otherwise, any fees imposed herein are exclusive of the applicable tax rate as prescribed under the law and/or any other taxes, levies or duties which may be imposed by the government or any authority. We reserve the discretion to include the applicable tax and levy rate as part of the User Charges as may be required from time to time under applicable law and policies.
We encourage User to consult with a licensed professional advisor from their local jurisdiction so that they understand and prepare for the tax and lev obligations that they may incur from using our Platform.
WarongKu shall not be held responsible for any action taken by tax authorities against User for your failure to comply with local/applicable tax laws. You also undertake to indemnify us for any loss or damages suffered by us if it is called upon by tax authorities to pay or be responsible for tax or returns that the User is responsible for.
THIRD PARTY INTERACTIONS
During your use of the Platform, you may correspond and/or enter into a transaction with Third-Party Provider and/or any third party as made available from time to time on the Platform, who shall display and/or offer their products and/or service through the Platform. You hereby agree and understand that all communication, transaction and/or agreement shall be at all material times be between you, the Third-Party Provider and/or any third party as may be made available from time ot time on the Platform. WarongKu and its licensors shall not be held liable or responsible for the outcome of any such communication, transaction and/or agreement.
Neither WarongKu nor any of its affiliate companies endorses any applications or sites on the internet which are linked through the Platform. Under no circumstances shall WarongKu, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites, Third-Party Provider and/or third-party.
There may be third-party link son the Platform which may take you to other sites, services and/or other platform, you acknowledge and agree that WarongKu has no responsibility for the accuracy or availability of any Information provided by third parties service and websites. Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.
The Platform may include advertisements, which may be targeted to the content or information on the Platform, queries made through the Platform, or other information. The types and extent of advertising by us on the Platform are subject to changes. In consideration for us granting you access to and use of the Platform; you agree that we and/or our third-party providers and partners may place such advertising on the Platform or in connection with the display of content or information from the Platform whether submitted by you or others.
You acknowledge that in addition to utilizing data collected from the Platform, the Platform also utilizes and modifies search results from Google Maps and or other services and content, and that by using the Platform, you also to be bound and comply with:
the Google Maps/ Google Earth and/or other provider additional Terms of Services at https://maps.google.com/help/terms_maps.html;
the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/.
You further agree that when using the Platform, you shall not use Google Maps/Google Earth and/or any other service platform made available, contrary to the permissible use as set out in their respective terms and conditions of use.
We may use third party advertising and marketing supplied through the Platform as well as other mechanisms to subsidize the Platform and/or to earn additional revenue for our operation. By using the Platform, you hereby agree to receive such advertising and marketing.
You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
By agreeing to the Agreement by utilizing the Platform, you hereby agree and undertake that you shall indemnify and hold WarongKu, its licensors and all such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in relation with:
your use of the Platform, in your dealings with the Third-Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors; or
your violation or breach of any of the Agreement, any third-party terms and conditions or any applicable law or regulation, whether or not referenced herein or otherwise; or
your violation of any rights of third party, including Third-Party Providers or Users on the Platform, or
your use or misuse of the Platform; and/or
where applicable your ownership, use or operation of any Vehicle, including your provision of Service to User where applicable.
The Service, Platform, Application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications including the device used by you or the Third-Party Provider being faulty, not connected, out of range, switched off or not functioning. WarongKu is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
DISCLAMER OF WARRANTIES AND LIMITATION OF LIABILITY
Please read this section carefully since it limits the liability of WarongKu. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.
The Platform, its content and any related service(s) is provided to you on an “as is” and “as available” basis. We make no representations and/or warranties, express or implied, in connection with the Platform, Service, the content and/or any related service(s).
Although we take on a “reasonable effort” basis to keep the Platform up to date and operational. However, we make no representations, warranties or guarantees, whether express or implied, that our Platform shall always be available and functioning without any issues or errors, such information on the Platform is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Platform, or the Agreement.
We do not warrant and/or represent that we assesses or monitors the suitability, legality, ability, movement or location of any User, users or Third-Party Providers and/or third-party, advertisers and/or sponsors on our Platform and in the circumstances you understand and expressly waive and release WarongKu from any and all liability, claims or damages arising from or in any way related to the third-party providers including third party transportation providers, runner, merchants, advertisers and/or sponsors.
Unless otherwise stated, and to the fullest extent allowed by law, the entire liability of the WarongKu shall with respect to the Platform, Service, services or otherwise, is re-performance of defective services. In jurisdictions, which do not allow the exclusion or limitation of certain types of liability, our liability will be limited to the maximum extent permitted by law. We do not endorse, warrant or guarantee any material, product or service offered through us or our services. We are not and will not be a party to any transaction between Users, and any third party. Any monetary claims against WarongKu by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the service during the event giving rise to such claims. WarongKu and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service.
Unless stipulated otherwise in writing, WarongKu will not be a party to disputes, or negotiations of disputes between you and third-party providers including merchants, advertisers and/or sponsors.
Unless agreed otherwise in writing, WarongKu does not play any role in managing payments between you and the Third-Party Providers, including merchants, advertisers and/or sponsors.
You are solely responsible for the decisions you make regarding services and products offered via the Platform (with all its derivative consequences). You expressly waive and release WarongKu from all liability, claims, causes of action, or damages arising from your use of the Platform, or in any way related to the third parties including third party transportation providers, merchants, advertisers and/or sponsors introduced to you by the service, the software and/or the application.
The quality of the Service on the Platform at all material times is entirely the responsibility of the Third-Party Provider who ultimately provides such Service to User. You understand, therefore, that by using the Platform and/or Service, you may be exposed to circumstances that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the Service at your own risk.
We shall not guarantee or assume any responsibility that:
the information presented in our Platform is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
the information presented in our Platform is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
that the Platform is invulnerable to any fraud, dishonest conduct, money laundering or illegal activities of any User or third party including, without limiting to security breaches, hacking or any unauthorized access;
access to the Platform will be available or be uninterrupted;
use of the Platform and/or Service will achieve any particular result; and/or
defects in the Platform and/or Service will be corrected.
Non-performance of either party of any obligations hereunder shall be excused to the extent and during the period that performance is rendered impossible by strike, pandemic, plague, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason whatsoever where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.
The Agreement as modified from time to time may not be assigned by you without the prior written approval of WarongKu. WarongKu may unilaterally assign this Agreement to any third party without your prior consent.
Nothing contained in the Agreement shall be construed as creating any agency, partnership, or other form of joint venture with WarongKu.
If any provision of the Agreement is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
The failure of WarongKu to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision.
Unless stipulated otherwise, the Agreement comprises the entire agreement between you and WarongKu and supersedes any prior or contemporaneous negotiations or discussions.
SUSPENSION AND TERMINATION
You agree and acknowledge that we may at our sole discretion do any of the following, at any time, without notice or compensation to you:
to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform), for any reason;
to modify or change any applicable policies or terms; and
to interrupt the operation of the Platform or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Our Platform may not be available on certain models or versions of peripherals, internet browsers and electronic devices may have compatibility issues with our Platform. We do not in any way make any guarantee that our Platform will be compatible with your device(s) and we are not responsible for any issues that may arise from compatibility issues.
NO THIRD-PARTY RIGHTS OR ASSIGNMENT
The Agreement does not grant any rights to any third parties who are not a party to the Agreement.
WarongKu may give notice through the Application, electronic mail to your email address in the records of WarongKu, or by written communication sent by registered mail or pre-paid post to your address in the record of WarongKu. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to WarongKu (such notice shall be deemed given when received by WarongKu) by letter sent by courier or registered mail to WarongKu using the contact details as provided in the Application.
Unless stipulated otherwise, this Agreement shall be governed under the law of Malaysia.
PART B – SPECIFIC CONDITIONS
WARONGKU FOOD & WARONGKU MART
The Platform may allow you to place orders for food and beverage as well as goods from Third-Party Providers (“Consumer Goods Merchant”) which when placing the order(s), you have the option for your order(s) to be delivered to you by a Runner or be made available for self-pick-up from the respective Consumer Goods Merchant’s stipulated premise during the time as specified on the Platform or as otherwise stipulated by us.
Please be advised that we do not own, sell, or resell any goods, food and beverage item and does not own or have any control over the Consumer Goods Merchants, the Runner or any services offered or provided by them. In the circumstances, you understand and agree that any order that you place shall be subject to the product availability and delivery location serviceability of the Platform, Consumer Goods Merchants and/or the Third-Party Providers.
Upon making your order, the Consumer Goods Merchants and/or the Runner may be required to get in touch with you via the provided communication method you have provided to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time.
Please be advised, we are not responsible if the Consumer Goods Merchants and/or Runner fails to perform the aforementioned, we are not involved in and will not be responsible for any such separate arrangement between you and the Consumer Goods Merchant and/or Runner.
As soon as your order is submitted it shall be deemed confirm and cannot be canceled or revised without prior consent and approval from us, the Consumer Goods Merchant and the Runner.
WarongKu, the Consumer Goods Merchant and/or Runner may not be able process and reserve the absolute discretion to not process your order in the event you are not contactable and/or reachable at the time of the call for confirming the order, if the requested delivery location falls outside the delivery radius of the Platform, or unavailability of items ordered.
The prices for items reflected on the Platform are determined solely by the Consumer Goods Merchant and are listed for information only. WarongKu and/or the Consumer Goods Merchant may at its sole discretion vary the prices stipulated on the Platform.
In the event, prices of items published on the Platform, for any reasons such as technical issue, typographical error or outdated product information supplied by the Consumer Goods Merchant, be incorrect, the Consumer Goods Merchant may cancel your order(s) and you shall be required to reperform your order.
The Consumer Goods Merchant shall be solely responsible for any warranty in relation to, and quality of, merchantability and quality of the food, beverage, and products made available to you. We are not responsible any of the aforementioned.
You are responsible for ensuring that the delivery details entered by you on the Platform are accurate and complete. We shall not be liable in the event of late delivery or non-delivery of items that you order by reason of erroneous delivery details entered by you on the Platform.
You shall be solely liable for demurrage or loss, damage, contamination, soiling or detention of the items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf for any orders that has been delivered to you.
Where you place an order for alcohol via the Platform, you warrant you and any other person for whom you are placing the order for are (i) at least twenty-one (21) years old; (ii) non-Muslim; and (iii) capable of understanding that consumption of alcohol may be harmful for your health (MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN).
At all material time, the Third-Party Providers shall have the right to:
request to be shown your ID for age verification purposes; and
refuse to deliver any alcoholic product to any person who at the time of delivery or self-pick-up the Third-Party Provider has reasons to believe that completion of such delivery may be dangerous illegal and/or harmful.
Any use of promotion codes or discounts can be done at the point of checkout. All available and applicable promotion codes and discounts are subject to its specific terms and conditions.
Unless stipulated otherwise all promotion codes or discount are mutually exclusive and cannot be merged with other promotions.
The amount payable for the promotional discounted item(s) may be rounded and will be set out on the checkout page for your order.
You agree and understand that we have the absolute discretion to cancel and withdraw any promotions codes and/or discounts at any point of time, for any reason whatsoever, without further notice or compensation to you.
You hereby authorize WarongKu to take any necessary action against you if you have been found to be using any promotion codes and discount contrary to its terms and condition, in an illegal or fraudulent manner, including making deduction, imposing charges and without limitation, suspending or terminating your user account.
In the event of any private arrangement or agreement between you and the Consumer Goods Merchant and/or Runner takes place, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.
In the event you are under twenty-one (21) years old and non-Muslim, you hereby agree to solely bear the legal consequences, and agrees to indemnify, defend and hold harmless WarongKu and the relevant Third Party Provider(s), their respective subsidiaries, affiliates, directors, officers, agents, co-branders or other partners (“Indemnified Party”), from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to any action in attempting to deceive, manipulate, conceal WarongKu, the Consumer Goods Merchant, and Runner, in relation to inaccuracy or breach of its representations, and/or its beach of any law or any rights of a third party, including but not limited to the aforementioned minimum age limit.
You represent and warrant that you are either the rightful owner or authorized representative of the owner of the to be delivered item, and that you are authorized to accept on behalf of the owner of the delivered item, and you accept terms of the Agreement.
You hereby agree that you shall not send any item containing any of the following:
Fragile items (including flowers, cakes) that require special handling • Perishable items
Hazardous, explosive, flammable and unsafe items (including power banks)
Valuable items and documents (e.g., cash, passport, birth certificate) • Credit or debit cards
Illegal substances, including but not limited to narcotic substances, alcohol or cigarettes
Live animals and plants
Any unpacked / loose items that can be easily damaged in transit items having size, dimensions or weight in excess of 32cm x 25cm x 12 cm or 5 kg • Counterfeit goods
Animals (live or otherwise)
Bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones
Real or imitation weapons including firearms or parts thereof, explosives or ammunition
Human remains or body parts
Any item(s) of an aggregate value exceeding MYR 500 (Ringgit Malaysia Five Hundred)
Third Party Providers have the right to refuse delivery if the delivery item falls within the categories listed at paragraph 3.1 above.
You are responsible for ensuring that the delivery details (e.g., recipient’s name, contact details and delivery address) entered by you on the Platform are accurate and complete. WarongKu shall not be liable in the event of late delivery or non-delivery because of your error.
You represent and warrant that the description and specific details of the delivery item as well as delivery instruction which you provide are accurate and complete. Before delivery commences, you must inform the Third-Party Provider of any specific precautions which should be applied to the handling of the delivery item in accordance with its nature. The Third-Party Provider is not responsible for any damages because of your omission and want of detail instructions.
You represent and warrant that you will comply with all applicable policies, terms, laws and regulations relating to the nature, condition, packaging, handling, storage, and transportation of the delivery item and the delivery item is not or does not, in any way or condition:
contravene any applicable local and international laws or regulations;
sensitive to degradation of quality;
flammable and highly flammable;
contain explosives or unstable substance;
contain radioactive substances; and
regulated by other relevant authorities
You represent and warrant that you are duly authorized by the recipient of the delivery item to provide the recipient’s details (e.g., name, contact details and delivery address) to WarongKu and the Third-Party Provider (whether by way of your entering such details on the Platform or otherwise).
WarongKu and/or the Third-Party Provider has the absolute right and is given authority to give permission on your behalf to enforcement body to open and inspect the delivery item without prior notice to you based on any reasonable suspicion that the delivery item may contain or constitute non-compliant or prohibited items as referred to in the abovementioned provisions herein and WarongKu and/or Third-Party Provider has the right to refuse the receipt and delivery of such item.
You shall be solely liable for demurrage or loss, damage, contamination, soiling or detention of the items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf for any orders that has been delivered to you.
Unless stipulated otherwise or mutually agreed upon, you shall not be entitled to cancel your booking once you have received confirmation of the same. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery booking fee and User Charges in full. You remain liable to pay the delivery booking fee and User Charges in full where the intended recipient of the items is unreachable physically or uncontactable within five (5) minutes from the time that the Third-Party Provider arrives at the designated delivery location. WarongKu and the Third-Party Provider will have the right to not proceed with your booking in the following circumstances:
where the requested delivery location falls outside the delivery zone offered on the Application.
failure to contact you by phone or other means at the time of confirming the order booking.
failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
the recipient whom you indicated in the Application is unreachable physically or uncontactable, after 5 minutes from the time that the Third-Party Provider arrives at the designated delivery location.
You represent and warrant that the delivery item has been packed by yourself personally, is properly and sufficiently prepared, packed, stowed, labelled, and marked in a manner that is appropriate to any operations or transactions affecting the delivery item and the characteristics of the delivery item.