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Updated: 19th July 2021
Welcome to EASI. EASI Delivery is originated in Australia and is operated under NKL360 MALAYSIA SDN. BHD. (Company No.: 201701037381 (1251552-X)) in Malaysia (EASI Malaysia). Please read this agreement (The “Agreement”) carefully when using EASI mobile application (“EASI App”). The Agreement constitute all Terms & Conditions with legally binding effect between you as an EASI App consumer User (the “User” or “You”) and EASI Malaysia (the “Company” or “We”).
By accessing https: //www.easi.com.au (the “Website”), downloading, installing, or using EASI App, you as the user are deemed to be:
Under this Agreement, EASI provides the Services to link you to Restaurant Partners and allow you to order Items for delivery by EASI’s Delivery Partners. Through EASI App, we act as a facilitator on behalf of our Restaurant Partners to complete your order and then facilitate your order to be delivered by our Delivery Partners.
The Services are made available solely for your personal, non-commercial use, unless EASI has agreed with you otherwise in a separate agreement. You acknowledge that EASI does not provide delivery services or any other kind of transportation services or function as a transportation carrier and that all such transportation or delivery services are provided by independent their party contractors who are not employed by EASI or any of its affiliates. EASI accepts liability for the Services and Application that it provides to you subject to these Terms. Delivery Driver Users are liable for the services they provide to you.
Subject to your compliance with these Terms, you are entitled a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
You may not:
The Services may be made available or accessed in connection with third party services and content that EASI does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. EASI does not endorse such third-party services and content and in no event shall EASI be responsible or liable for any products or services of such third-party providers.
The Services and all rights therein are and shall remain EASI’s property or the property of EASI’s licensors. Neither these Terms nor your use of the Services convey or gran to you any rights:
Prior to using the Services or placing your orders for Items by way of using the EASI App, you need to download the EASI App in Consumer version and with a description of “food delivery” on either the Apple App Store or Google Play Store.
You may choose to register for an account on the EASI App (the “Account”). If you do, you are required to create a password, or other secure login method, and may also have to provide your credit/debit card, or other payment method details. You should keep the password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay any Items they order, and EASI are not liable for any other losses you suffer, unless the person using your password obtained it in that we did not keep it secure.
You may close your account at any time by requesting to do so via contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Services, for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason. If we close your account permanently, we will refund any account credit you have validly applying a credit to your registered credit/debit card, or if that is not possible for any reason, by way of a bank transfer using bank details, provided that you have provided the details to us.
When you place an order through the EASI App, we or our Merchant User need(s) to process and accept your placed order prior to it is confirmed. We will send you a notification if your order has been accepted. The contract for deliver your Item you have ordered comes into existence when we send you the confirmed notification. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Merchant Users operate a minimum order amount policy. this will be displayed on the EASI App. All Items are subject to availability. The Merchant Users may use special sauce or spice in the preparation of certain Items. Please contact the Merchant User before ordering if you are allergic to the sauce or spice. EASI cannot guarantee that any of the Items sold by the Merchant Users are free of allergens.
The EASI App helps provide two types of delivery service, with an as-soon-as-possible delivery service and a scheduled delivery service respectively.
For both types, we will let you know an estimated delivery time for your Item prior to you place the order. However due to the uncertainty of the Merchant User’s preparation time, unexpected traffic condition and any other factor may have a negative impact on the punctuality of the delivery, you may not always receive your ordered Item on time.
We will attempt to deliver to the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change the address to an alternative one that is registered with your account if you let us know prior to the Delivery Driver User has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you will be charged the full price for the Item, and if the Delivery Driver User has been despatched you will also be charged for delivery.
You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons that you might cause a delivery to fail include (but are not limited to) are as follows:
Prices include SST or other applicable consumption taxes outside Malaysia. EASI may operate dynamic pricing some of the time, which means prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Merchant User and may differ from the prices and offers in the restaurant and the shops. EASI reserves the right to charge distinctive service fees on using online payment methods, which the service fees may be subject to change. You will be notified of any applicable service fee prior to finalize your payment on the checkout page on the EASI App. No changes will affect orders after a confirmation notice has been issued to you.
In rare cases, we accept cash payment when you place your order. The most prevailing method of the payment when you place your order via the EASI App is to adopt the online payment method. We have partnered with several online payment service providers, by which you are able to use the specific online payment methods such as WeChat Pay, Alipay, UnionPay, Apple Pay. Without a doubt, you can bind your Visa Card and Master Card to your Account to proceed with the payment in the EASI App. We act on behalf of the Merchant User to collect the payment from you. Payment of the order shall be considered the same as payment directly by you to the Merchant User.
By placing your order via the EASI App, you will be charged for the Item and delivery fee on an SST or other applicable consumption taxes exclusive basis. Charges will be inclusive of applicable taxes where required by law. Charged paid by you are final and non-refundable, unless otherwise determined by EASI or required by the local consumer law. Refund Policy will be explained in Clause 9. You may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure. All charges are due immediately and payment will be facilitated by EASI using your preferred payment method designated in your Account, after which EASI will send you a text message or in-app notifications to inform you the process and status of your order. If your preferred payment method is determined to be expired, invalid or otherwise not able to charge, you agree that EASI may use a secondary payment method in your Account, if available.
Your order can be cancelled without charge at any time prior to the EASI’s Merchant User has started preparing your food. If you wish to cancel an order before it becomes a prepared order, please contact us by using the contact number in the Recitals immediately. If the Merchant User confirms the order is not a prepared order, we will refund your payment using the same payment method which you have used for paying the order (excluding any discount, voucher that is applied to the order). If you intend to cancel any order after it becomes a prepared order, you will be charged for the Item in full, and if the assigned Delivery Driver User has been despatched you will also be charged for the delivery fee. EASI may notify you that your order has been cancelled at any time. You will not be charged for any orders cancelled by EASI or the EASI’s Merchant User, and we will reimburse you for any payment already made using the same method you used to pay for your order.
EASI reserves to right to determine, within reasonable ground, appropriate compensation for errors made by EASI, the Merchant User and the Delivery Driver User.
EASI will fully refund your order payment due to EASI’s system breakdown and certain types of extreme weather conditions such as:
You may claim your refund in full against the Merchant User in the following circumstances:
You may claim your refund in full against the Delivery Driver User in the following circumstances:
In the event that EASI, the Merchant User and the Delivery Driver User are required to be jointly liable for the refund, EASI will reserve the right of final interpretation.
In the event of no governmental regulations and rules can be referred to, you agree to follow EASI’s return policy as follows:
You acknowledge that your use of the EASI App/Website is at your sole risk. The EASI App/Website is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the EASI App/Website. This site and all contents of the App/Website are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the EASI App/Website, and that EASI shall not be liable for any damages of any kind related to your use of the EASI App/Website.
We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of EASI. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of your network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the EASI App/Website.
We hereby expressly clarify that we do not sell and/or supply any alcohol. By placing an order which contains alcoholic beverages, you expressly acknowledge and agree that you are at least 21 years old or above in Malaysia or satisfy the age restriction laws or regulations regarding using alcoholic beverages in other counties and will provide proof of age or any government-issued identification card at the time of delivery.
EASI reserves the right to refuse to deliver any alcohol to any person for any reason whatsoever and including but not limited to refusing delivery to a person(s) who EASI reasonably believe are intoxicated, drunk or disorderly, refusing delivery to specific buildings for access or safety reasons, or refusing delivery because EASI reasonably believes that the alcoholic beverages will, may or are likely to be supplied to persons under the age of 21 years following delivery or who does not appear, or cannot prove they are, aged 21 or over. EASI also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of drugs.
In the event that EASI is unable to deliver the alcohol or complete the delivery service as a result of your failure to comply with this clause or to complete the delivery will or may cause us to contravene the relevant legislation or regulations relating to the sale and supply of alcohol, we will immediately discontinue the delivery and return the alcoholic beverages to the suppliers.
Under no circumstances will EASI be liable for any losses or damages whatsoever (including death injury or illness), whether in contract, tort or otherwise, arising from the use of, or reliance on, information or opinions contained in the EASI App/Website. To the extent permitted under the locally applicable Consumer Laws, EASI excludes all the liabilities (negligent or otherwise) to uses of the EASI App/Website or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of system or process of date) arising from or in connection with any use of the information in the EASI App or on the Website.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of the EASI App/Website, are copyrights trademarks and/or other intellectual properties owned, controlled or licensed by the EASI App/Website. The EASI App/Website as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by EASI.
All other trademarks, service marks, product names and company names or logos appearing on the App/Website are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.
The materials on the EASI App/Website, and the EASI App/Website as a whole, are intended solely for personal, noncommercial use by you. You may download or copy the downloadable materials displayed on the EASI App/Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the EASI App/Website, the EASI App/Website as a whole, or any related software without the prior written permission of EASI.
All comments, feedbacks suggestions, ideas and other submissions disclosed, submitted or offered to EASI or otherwise disclosed, submitted or offered in connection with your use of the EASI App/Website shall be and remain EASI’s property. Such disclosure, submission or offer shall constitute an assignment to EASI of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.
As the EASI’s Consumer User, you acknowledge that you may provide company or personal information regarding yourself in connection with the EASI App. You hereby authorise EASI to use such information in connection with any online or offline offering or any electronic mail that we collect about you will be used to provide a more personalized purchasing experience. By using the EASI App/Website, you consent to the collection, use and management of this information by EASI.
EASI may from time to time change, move or delete portions of, or may add to the Terms that govern your use of the EASI App and Website. Such changes, deletions or additions shall be effective immediately upon notice thereof. We will use reasonable endeavours to notify you of the change either via e-mail or through a notice published on the EASI App or Website. Any use of the EASI App or Website by you after such notice shall be constitute acceptance by you of such changes, deletions or additions.
You agree to use the EASI App/Website for lawful purposes only. You shall not transmit through the EASI App/Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to the EASI App/Website for any breach of this provision or any other provision of this Agreement.
The supply of Services and application(s) and website(s) set out in this Agreement is provided and controlled by EASI in Malaysia. The Laws of Malaysia will govern all the terms, conditions and disclaimers on the EASI App/Website, including this Agreement without giving effect to any principles of conflicts of laws. Both you and EASI agree to submit to the non-exclusive jurisdiction of the courts of the Malaysia or any other courts which may have jurisdiction to hear appeals therefrom.
In the event of a dispute arising in respect of any aspect of these terms and conditions, you and EASI agree to refer the matter to mediation as provided below and only upon failure to settle the dispute through mediation will you and EASI initiate legal proceedings with respect to the same. The mediation procedure is as follows: