General Information
Ownership
This website (“Fresh Grocer Online Website”) is owned and operated by Pasaraya Fresh Grocer (“Fresh Grocer”).
Access & Use
Your access to, and use of the material contained in, the Fresh Grocer Online Website is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the Fresh Grocer Online Website (“Terms & Conditions”). By using Fresh Grocer Online Website, you agree to be bound by these Terms and Conditions.
Amendment
Fresh Grocer reserves the right to amend the Terms & Conditions without at any time. Your use of our Fresh Grocer Online website following such changes constitutes your agreement to be bound by the new Terms and Conditions.
Registration
To register with Fresh Grocer Online Website, you must be over 18 years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
Information Collected & Use of Information
Fresh Grocer collects the details provided by you on registration together with information we learn about you from your use of our services and your visit to Fresh Grocer Online Website.
By using the Fresh Grocer Online Website you expressly accept and give your unconditional consent that we may use any and/or disclose information about your demographics in any manner which does not reveal your identify for purpose of marketing, promotional, strategic development, research and customer care.
Limitations
You may not use the Fresh Grocer Online Website for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practise; c. gaining unauthorised access to other computer systems;
Interfering with any other person’s use or enjoyment of the Fresh Grocer Online Website;
Breaching any laws concerning the use of public telecommunications networks;
Making, transmitting or storing electronic copies of material protected by copyright without the permission of the owner.
You may indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
any claim by any third party that the use of the Fresh Grocer Online Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practise;
any claim by any third party that the use of the Fresh Grocer Online Website by you fringes that third party’s copyright or other intellectual property rights of whatever nature; and
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Fresh Grocer Website by you.
Availability of the Fresh Grocer Website
Although Fresh Grocer Website aims to offer you the best service possible, Fresh Grocer Website makes no promise that the services at the Fresh Grocer Website will meet your requirements. Fresh Grocer Website cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at ecommerce@freshgrocer.my and we will attempt to correct the fault as so as we reasonably can.
Your access to the Fresh Grocer Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Fresh Grocer Website will attempt to restore the service as soon as it reasonably can.
Fresh Grocer Online Website’s right to suspend or cancel your registration
Fresh Grocer Online Website may suspend or cancel your registration immediately at our sole discretion without assigning any reason whatsoever.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Fresh Grocer Online Website.
The suspension or cancellation of your registration and your right to use the Fresh Grocer Online Website shall not affect either party’s rights or liabilities.
Fresh Grocer Online Website’s Liability
The Fresh Grocer Online Website is provided by Fresh Grocer without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability of fitness for a particular purpose. You must bear the risk associated with the use of the Internet.
Fresh Grocer Online will ensure that information or material included on the Fresh Grocer Online Website is correct, reputable and of high quality. Fresh Grocer Online Website will not be responsible for any errors or omission or for the results obtained from the use of information or for any technical problems you may experience with the Fresh Grocer Website. If Fresh Grocer is informed of any inaccuracies in the information or material on the Fresh Grocer Online Website, Fresh Grocer will attempt to correct the inaccuracies as soon as it reasonably can.
In particular, Fresh Grocer disclaims all liabilities in connection with the following:
Incompatibility of the Fresh Grocer Online Website with any for your equipment, software or telecommunication links; technical problems including errors or interruptions of the Fresh Grocer Online Website; unsuitability, unreliability or inaccuracy of the Fresh Grocer Online Website; inadequacy of the Fresh Grocer Online Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to that Fresh Grocer Online Website.
Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.
Miscellaneous
You may not assign, sub-license or otherwise transfer any your rights under these Terms and Conditions.
If any provision of there Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Fresh Grocer Online Website ignores this, Fresh Grocer will still be entitled to use its rights and remedies at a later date or in any date other situation where you breach the Terms & Conditions.
Fresh Grocer shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.