By accessing and browsing the digital platform known as “my1MK” (“Platform”), you as the user (“User”) is deemed to have read, understood, accepted and agreed to be bound by all terms and conditions contained herein.
Should you disagree with the terms and conditions contained herein, please do not access or browse the Platform any further. Your continued use of the Platform shall form a legally binding agreement with the Platform provider, OTW2U Sdn Bhd (“Company”).
Words which are used simultaneously such as ‘us’, ‘we’ and ‘our’ refer to the Company.
1. DEFINITIONS AND INTERPRETATIONS
In this Agreement, unless the context requires otherwise, the following expressions shall have the following meanings:
Account means any person who has registered as a User of the Platform;
Agreement means this terms and conditions, which may be amended, varied, modified or supplemented by us in writing from time to time as we deem fit;
Company means OTW2U Sdn. Bhd. [Company No. 202001016076 (1372396-P)];
Force Majeure means any cause beyond any party’s reasonable control affecting the performance by the affected party of its obligations hereunder including but not limited to strike, lock out, labour dispute, Act of God, restriction, regulation or control imposed by any Act of Parliament, any rule, ordinance, proclamation or order issued by any competent authority, enemy or hostile government action, civil commotion, fire, earthquake, floor, storm, tempest, nuclear fallout or inclement weather.
Intellectual Property means all copyrights, patents, trademarks, tradenames, logos, service marks and other intellectual property or proprietary rights belonging to the Company, Merchant and/or third-party service provider;
Merchant means the vendors that are based at 1 Mont Kiara Mall and/or such other vendors as determined by the Company from time to time;
Product means any retail products, foods and/or beverages offered by the Merchant on the Platform; and
Services means providing the Platform for the User to browse and place order for the Product from the Merchant, which will then be processed by us on behalf of the Merchant, and be delivered to the User through the Delivery Provider (as defined below).
2. BECOMING A USER
2.1 If you are an individual who places an order through the Platform, you represent to us that you are at least eighteen (18) years old to be eligible to use our Services (“Criteria”). If you are below the age of eighteen (18) years old, kindly seek for your parents’ or guardian’s consent wherein they shall be subjected to this Agreement.
3. PERMITTED USE OF THE PLATFORM AND SERVICES
3.1 The Company hereby grants you a revocable, non-exclusive, non-transferrable license (without the right to sub-license) to access and use the Platform and Services solely for your own personal use.
3.2 You shall remain fully responsible and accept full risks during the usage of the Platform and Services.
3.3 You shall not use, permit or cause the Platform to be used improperly or for any activities which may infringe any laws in Malaysia or third-party’s rights.
3.4 We reserve the right to withdraw or amend access to the Platform without notice and we shall not be liable if, for any reason, the Platform is unavailable at any time or for any period. From time to time, we may also restrict access to some parts of the Platform, or the entire Platform.
4. YOUR ORDER
4.1 Product Listing
- In providing comfort while you are at home or office, you are able to view a wide variety of Products published on the Platform.
- Please note that all Products offered on the Platform are subject to availability.
- You are advised to read the Product descriptions carefully in case you are allergic to certain food or ingredients (e.g. lactose intolerance). If this is a concern to you, please contact the Customer Service Officer (CSO) directly for further information prior to placing your order. For the avoidance of doubt, the Company does not guarantee that any Product sold by the Merchant are free from allergens. The Company and/or Merchant shall not be held liable or responsible whatsoever for any loss or damage suffered by you as a result of food allergy.
- You will be entitled to order from multiple Merchants on the Platform with only a one-time delivery charge provided that all the orders are placed with the Merchant identified as “Bestseller” on the Platform.
Kindly contact the CSO via WhatsApp or check out the FAQ section should you have any specific queries or requests prior to placing your order PROVIDED such requests are commercially reasonable at the sole determination of the Merchant.
4.2 Alcohol and Tobacco Products
- You acknowledge and agree that:
- it is an offence for any person under the age of twenty-one (21) to buy, or attempt to buy products containing alcohol;
- tobacco products are not for sale to persons under the age of eighteen (18); and
- in the event that you have placed an order for alcohol and/or tobacco products, you will be required by the Merchant or the Delivery Provider to show your identity card on delivery. If you or the recipient is or appears to be below the legal age, or fails to provide valid proof of identity card, the Merchant or the Delivery Provider reserves the right to refuse in presenting the order to you.
- The Company has no intention to advertise, promote or encourage the consumption of alcohol or the purchase or use of tobacco in any way.
- Any offer for alcohol and tobacco made on the Platform is void when the same does not comply with the applicable law.
4.3 Order Confirmation
- Once you have selected your preferred Merchant, you will be directed to that Merchant’s webstore to place your order. You will be guided with onscreen instructions to fill in the necessary information. In doing so, please indicate the correct goods, quantity and delivery address. After verifying and confirming your order, please proceed to checkout for payment which will be inclusive of applicable taxes and delivery charges.
- You acknowledge that by clicking onto the Merchant’s webstore, you do so entirely at your own risk and the Company shall not be responsible for the content or any liability arising from the usage of the webstore.
- While making payment, kindly ensure that you are tendering the right amount otherwise your order will be treated as unsuccessful. After payment, you will then receive an automated notification through WhatsApp confirming your order details.
In the event your order is unsuccessful due to shortfall (PROVIDED there was duplicate order where you were charged twice or technical glitch on the Platform), any monies paid shall be refundable.
4.4 Merchant’s Additional Terms and Conditions
- You hereby acknowledge and agree that certain Merchant may impose additional terms and conditions. For example, the implementation of minimum purchase order or limited delivery coverage area. We do not have any right or authority to waive or vary such terms and conditions imposed.
4.5 Payment Voucher or Promotional Code
- The Company and/or Merchant may provide payment voucher or promotional code (e.g. discounted rate applicable for Product and/or delivery charges) from time to time. Please ensure that you insert the correct payment voucher or promotional code details during your checkout. You hereby acknowledge and agree that at times unexpired payment voucher or promotional code may not be redeemable due to the imposition of limit/quota per day. For the avoidance of doubt, the Company and/or Merchant reserve the right to vary, amend, cancel or terminate the payment voucher or promotional code at their absolute discretion.
- Any payment voucher or promotional code cannot be exchanged for cash.
- You are not allowed to use any payment voucher or promotional code in conjunction with other vouchers, promotions or any other discounts provided or advertised from time to time.
4.6 Cancellation and Refund
- Once payment transaction is completed, the Company or Merchant shall not entertain any requests for cancellation or refund. You hereby acknowledge and agree that you are obliged to verify and confirm your order before checkout.
- However, refunds may be permissible under special situations, such as the inability of the Merchant to fulfil your order due to the unavailability of the Product or any other reason(s) the Company deems fit.
- You may submit your refund application in accordance with Clause 6.5 below.
5. PRICE AND MODE OF PAYMENT
5.1 All the prices displayed on the Platform are inclusive of applicable tax but exclusive of delivery charges.
5.2 You hereby acknowledge and agree that all the prices shall be determined at the absolute discretion of the Merchant. The prices may or may not differ from the Merchant’s physical store(s) and/or sold through other mediums. For the avoidance of doubt, the Company has no right or authority to amend or vary Merchant’s prices displayed on the Platform.
5.3 Where applicable, the delivery charges may be waived in the following scenarios:
- if you are entitled for free delivery depending on certain Merchant’s terms and conditions.
- valid payment voucher or promotional code entered during checkout; or
- any such other reasons as the Company or Merchant deem fit.
5.4 All payments are to be made through online transfer or debit/credit card only. Your order will be unsuccessful if you do not have sufficient funds in your bank account or debit/credit card. The Company reserves full rights to adopt additional and/or remove existing payment method(s) at their absolute discretion.
5.5 As your payment will be processed by a third-party service provider, you hereby agree and consent that your particulars or information will be saved by the third-party service provider for future purchase(s). The Company does not retain any record or information regarding your payment details.
5.6 You hereby acknowledge that the Company is authorised to accept payment on behalf of the Merchant and payment of the price of the Product and/or delivery charges to us will fulfil your obligation to pay the price to the Merchant.
6.1 Delivery Coverage
- Your Product will be delivered by an independent third-party delivery service provider (“Delivery Provider”). You hereby acknowledge and agree that certain Products could not be delivered due to your location and/or some locations are excluded for deliveries as determined by the Company and/or Merchant from time to time.
- The Company and/or Merchant reserve full rights to vary or amend the delivery coverage at any time.
- Self pick-up is available on selected stores.
6.2 Delivery Time
- The Delivery Provider will use its best endeavour to deliver your Product as soon as possible. Please note that any delivery times indicated shall be treated as estimation only as it may be varied or delayed for reasons beyond the control of the Delivery Provider (e.g. bulk orders, location, peak hours, weather conditions, traffic congestions and/or Force Majeure).
- A notification will be sent to you through WhatsApp when the Delivery Provider has picked up the orders and is reaching your location. Therefore, kindly ensure that someone will be on standby to receive your Product promptly.
- The Delivery Provider may contact you through the phone to confirm on your Product and/or your exact location. For the avoidance of doubt, the Company is not a participant in any form of communication between you and the Delivery Provider should there be any separate arrangement or agreement.
6.3. Unsuccessful Deliveries
The following incidents may cause the Delivery Provider to unable to deliver your Product (not exhaustive):
- no one was physically present to accept the Product;
- you were unreachable despite several phone calls made;
- restricted or insufficient access to deliver your Product;
- unsuitable or insecure to leave the Product at your doorstep; or
- any other reasons the Merchant deems fit.
6.4 No-show Cancellations
The Company reserves full rights to cancel your order arising from several failed attempts by the Delivery Provider to reach you through phone for five (5) minutes from the time the Delivery Provider arrived at your location. Any requests for refund will not be entertained and any payment made shall be forfeited.
6.5 Wrong, Missing and/or Faulty Product
- Should there be any issues with your order (e.g. wrong order, missing or faulty Product) and should you wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the CSO via WhatsApp within 24 hours (food items) / within 7 days (other goods) to lodge your complaint and, where appropriate, follow the Company’s complaint procedures. You are advised to take photographs of your order as documentary evidence to enable us to investigate further. You will be refunded accordingly if we establish that your Product was of poor quality or condition.
- Please note that we have no control over the Merchant and the quality of its products or service that the Merchant provides, and the Company is not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Merchant.
6.6. Loss or damage caused to the Delivery Provider
You shall not harass, damage or harm the Delivery Provider and/or its motor vehicle when you receive your Product. You shall be liable for any loss or damage arising from thereof.
7. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITIES
7.1 Representation and Warranties
The Company provides the Platform and Services “as is” and “as available” basis without warranty of any kind, express or implied, including without limitation, warranties of title, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, completeness, reliability or validity of the Platform and Services including without limitation, any product search results, quality, quantity, specifications, price, recommendations or anything related to the Product published on the Platform. The Company shall not be liable for any direct or indirect loss of damage in the event of amendment of variation of the Platform, Services and this Agreement. Further, the Company does not warrant that the functionality of the Platform and Services will be uninterrupted or error-free, that defects will be corrected, or that the Platform is free from any viruses or harmful content.
7.2 Limitation of Liability
7.2.1 The Company (including its directors, employees, representatives, agents, parent company and affiliates) shall not be liable to you in contract, tort, equity, negligence, breach of statutory duty or otherwise pursuant to or in connection with the Platform, Services and this Agreement for any of the following, whether arising directly or indirectly and the Company expressly disclaims and excludes to the fullest extent permitted by law:
- any consequential, indirect or incidental damages of any kind whatsoever;
- any special, exemplary or punitive damages of any kind whatsoever; or
- any loss due to business interruption, loss of income, loss of profits, loss of anticipated revenues or savings, loss of goodwill, loss of data or loss of value of any equipment
howsoever arising, whether or not foreseeable and even if the Company has been advised to the possibility of such loss or damage in advance.
7.2.2 The Company shall not be a party to any communication nor dispute arising from the transactions or processes between the User and any third-party service provider including but not limited to, the Merchant and/or Delivery Provider in relation to the Platform, Services and this Agreement.
7.2.3 You hereby acknowledge and agree that the packaging, preparation and quality of the Product is the sole responsibility of the Merchant. You further acknowledge and agree that the handling of delivery services is the sole responsibility of the Delivery Provider.
8. REPRESENTATIONS BY MERCHANT
You hereby acknowledge and agree that the Company is merely providing the Platform to facilitate the transaction between the User and Merchant. You are aware that the Company does not have any role whatsoever in directing, controlling and/or managing the quality, quantity, contents and condition of the Product that are published on the Platform. The Company also makes no representations nor warranties as to the photos, images, menu, details or description uploaded on the Platform. Nothing in this Agreement shall exclude the Merchant’s liability for death or personal injury arising from gross negligence or wilful misconduct.
9. INTELLECTUAL PROPERTY
You do not have any legal rights, interests or titles over the Intellectual Property or software in connection to the Platform in any way belonging to the Company, Merchant and/or third-party service provider. Further, you shall not be entitled to use, adopt, modify or reproduce (whether in written, electronic or any other manner) any Intellectual Property that are being displayed on the Platform belonging to the Company, Merchant and/or third-party service provider without their written permission or consent. You shall immediately inform us if you are aware of any infringement in relation to the Intellectual Property.
10. PERSONAL DATA PROTECTION AND PRIVACY NOTICE
10.1 When you place an order on the Platform you are required to provide the Company, including but not limited to full name, NRIC number, passport number, date of birth, contact details (i.e. mobile phone and email) and bank account details and such other information as may be required or relevant to us (“Personal Data”). You hereby acknowledge and agree to provide your unconditional consent to the Company to manage, collect, process and use your Personal Data for the purpose of the Account and Services.
10.2 The Company may, at its absolute discretion decline your order in the event you do not meet the Criteria or upon verifying your Personal Data which are found to be false.
10.3. You shall ensure that your usage of the Platform and Services are strictly in accordance to this Agreement and/or any applicable policy(ies) by the Company.
For more information on our Privacy Notice, please refer here.
You undertake and agree to indemnify and hold the Company (including its directors, employees, representatives, agents, parent company and affiliates) harmless from and against any and all claims, demands, actions, damages, losses, costs, charges, liabilities and expenses (including solicitor’s fees and costs) for any breach of usage of the Platform and Services and violation of terms and conditions of this Agreement.
The Company reserves full rights to terminate your Account or any transaction(s) at any point of time without giving prior notice arising from the following scenarios: –
- the User materially defaults or commits any material breach of its obligations under this Agreement;
- it is in the opinion of the Company that the User attempts to make or have made, a fake order;
- it is in the opinion of the Company that the User uses the Platform fraudulently, illegally or for unlawful process, or may cause harm to the Platform, or abuse any feature or promotion of the Platform; or
- the User is engaged in any activity or does any act or suffers any change in circumstances which in the opinion of the Company might adversely affect the Company in any matter.
13. INDEPENDENT OPERATIONS
You hereby acknowledge and agree that the Company conduct its business as an independent proprietor under its own name or a registered business owned and controlled by the Company and not as a partner, representative, agent or employee of 1MK RETAIL SDN BHD [Company No. 201001021928 (905698-K)] (“1MK”) and nothing in this Agreement shall be deemed or construed to constitute partnership or joint venture or any such collaborative relationship between 1MK and Company.
14.1 The Company reserves all rights to modify the Platform and/or Services or suspend or terminate its Platform and/or Services or access to part or all of them at any time without prior notice.
14.2 The Company has absolute discretion to revise the Agreement from time to time. For clarification purpose, such variations shall become effective on its effective date which we will update on our Platform and therefore you are encouraged to visit our Platform regularly for latest updates. By continue accessing and browsing our Platform and/or Services, you are deemed to have unconditionally accepted such variations or additions and you shall be bound by the same.
The provisions of this Agreement and all rights and obligations hereunder are personal as to the parties hereto and no party hereto shall assign nor attempt to assign any such rights and obligations or the benefit of this Agreement unless with the prior written consent of the Company.
Any term, condition, stipulation, provision, covenant or undertaking in this Agreement which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other term, condition, stipulation, provision, covenant or undertaking herein contained.
17. GOVERNING LAW
This Agreement shall be governed by the laws of Malaysia and shall be subject to the exclusive jurisdiction of the courts in Malaysia.
Need more information? Please contact us here.