Terms & Conditions
1- ACCEPTANCE
a - This site and/or mobile application is operated by NSK Grocer (KL) Sdn. Bhd. (“Site”). Throughout the Site, the terms “we”, “us” and “our” refer to NSK Grocer (KL) Sdn. Bhd. NSK Grocer (KL) Sdn. Bhd. offers the Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
b - These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of. Please read these Terms of Service carefully before accessing or using the Site. The Terms of Service constitute a legal agreement between you and us. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, please do not continue to access the Site or use any services.
c - The Site may be used by natural persons who have reached 18 years of age and corporate legal If you are below the age of 18, you must obtain consent from parent(s) or legal guardian(s), who shall accept these Terms shall agree to take responsibility for your actions and any charges in relation with your use of this Site and Services. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.
2 - AGREEMENTS,WARRANITES & REPRESENTATIONS
By visiting the Site and/ or purchasing something from us, OR engage in our “Service”,you agree, warrant, represent, acknowledge as follows:
a - to be bound by the terms and conditions contained herein including those additional terms and conditions and policies referenced herein and/or available by hyperlink and any future amendments and additions to the Terms of Use as published from time to time (“Terms of Service”, “Terms”);
b - you have read and understood the Terms of Service set by NSK Grocer (KL) Sdn. Bhd. and will comply by all of its provisions;
c - all the information which you provide shall be true and accurate;
d - you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site;
e - you will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
f - to notify us of any unauthorized use of your account or any other breach of security immediately;
g - you will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require from time to time;
h - you will not try to interrupt or harm the Service, application and/or the software in anyway;
i - you understand that certain of your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices;
j - you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us;
k - the headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms;
l - your use of or reliance upon the Site and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion;
m - you shall not use the Site or its content for unlawful purposes including withoutlimitation for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, to infringe upon or violate our intellectual property rights or the intellectual property rights of others, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, to submit false or misleading information, to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet, to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, crawl, or scrape, for any obscene or immoral purpose; or to interfere with or circumvent the security
n - features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses;
o - to comply with all laws applicable to you and/or your use of the Service;
p - your use of, or inability to use, the service is at your sole The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement;
q - your use of the Service will be subject to our Privacy Policy;
r - In the event if you are required or you send certain specific submissions or comments or form whether online, by email, by postal mail, or otherwise (“comments”) in respect of our Services, your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website and you are solely responsible for any of your comments and its We take no responsibility and assume no liability for any comments posted by you or any third-party;
s - to assist us with any internal or external investigations as may be required by us in complying with any prevailing laws or regulations in place;
t - to indemnify, defend and hold us harmless and our’s parent, subsidiaries, affiliates, partners, office and to assume full responsibility and liability for all loss or damage suffered by yourself, us or any other party as a result of your breach of this
3 - ACCOUNT
a - By using or accessing the Site, you acknowledge that you have read and understood the set by and will comply by all of its We reserve the right to change the Terms and Conditions at any time and your continued use of the Site denotes that you agree to be bound by the new Terms and Conditions.
b - You may need to register for an account for you to use the We will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password when you register for a account. Your unique password should not be shared with anyone at all times and you are solely responsible for keeping your password safe. You may need to provide us with your credit card details depending on which payment method you opt for to purchase an order.
c - You accept that all Services placed under your account are your sole responsibility other than fraud We shall not be liable for Service that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Service, including your delivery address and contact information.
d - If you wish to delete your account, please send us an email requesting the
e - your submission of personal information through the store or the Site is governed by our Privacy
4 - PRODUCT AVAILABILITY, SERVICE AND PRICES
a - Prices for products and availability for products are subject to change without notice.We do our best to ensure that our system provides accurate information on the prices and availability of products on this
b - All products displayed on the Site are subject to final confirmation of availability at corresponding our outlets on the day the goods are picked for We will notify you via in-app notification/email as soon as we begin to process your order.
c - You shall be charged according to the prices stated on the Site and such other miscellaneous fees such as delivery fees, administrative fees and returning fees, and without limitation to other taxes or levy by whatever name called as may be imposed.
d - Where the prices of any goods are subject to the definitive weight of the goods, we will provide an initial estimate of the price for the purposes of The final price shall be indicated in your email confirmation containing your tax invoice. In the event if there are shortfalls in payment, additional amounts shall be charged to you. For overpayments, excess amounts shall be refunded in accordance with our Refund Policy.
e - Our certain products or services may be available exclusively online through the Site and may have limited quantities.
f - We cannot guarantee that your computer monitor’s display of the colors and imagesof our products is same with the actual
5 - THIRD-PARTYLINKS/ TOOLS
a - We may provide you with access to third-party tools and or the third-party links on this site may direct you to third-party websites from time to time that are not affiliated with us which we neither monitor nor have any control nor
b - We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party tools/ third-party materials or websites, or for any other materials, products, or services of third-parties and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
c - Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
6 - LOYALTY PROGRAM
a - By using the Application and upon registration of the account, you will automatically be a member of the loyalty program operated by NSK and/or its Affiliates (the “Program”). The Loyalty Program membership is non-transferable and shall be for personal use The benefits and privileges of each membership tier shall be as set out from time to time in the Application.
b - You will gain access to the points accumulating reward, discounts, promotion code, e- vouchers, free gifts, and other benefits offered by us and/or third-party merchants as shown on the rewards catalogue as may be available from time to time in the Application (“Rewards”) as a member of the Program.
c - We may, at its sole and absolute discretion, forfeit, reject or award, convert you points which can be used to redeem for rewards and are not redeemable for cash in any form without any notice upon the terms and conditions as may be determined by us from time to time. You may earn points by such methods as are provided for by the Company from time to time at its sole and absolute
d - You shall not be entitled to request from us all other matters relating to the Points or discounts for whatsoever purposes including without limitation any explanation pertaining to the calculation You agree that you shall be responsible for any taxes, levies or duties, such any cost and expenses that arise in connection with the issuance and/or reception of points and you will have no claim whatsoever against us relating to the points including without limitation relating to any expired points
e - If you do not wish to be a member of the Loyalty Program, you may do so by opting out though the All the outstanding points at such point of time which have not been redeemed shall be automatically cancelled upon your cessation to be a member of the Loyalty Program and no accumulation or carry over of points will be permitted even if you subsequently reinstate your membership.
f - You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.
g - We reserves the right To the extent as permitted by applicable laws, at any time to vary, modify or amend the terms and conditions of the Loyalty Program without prior notice to you and at our sole discretion including without limitation terminate or modify the Loyalty Program, revoke, adjust and/or recalculate any points awarded; withhold or cease the awarding of points to you; modify the methods used to calculate the number of points to be awarded, change the duration taken for points to expire
7 - DISCLAIMER OF WARRANTIE & LIMITATION OF LIABILITY
a - We reserve the right at our sole discretion (but not obligated):
b - to refuse service to anyone for any reason at any time;
c - to restrict, suspend or terminate your account and/or use of this Site, if we reasonably believe that where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms and/or someone other than you is using your
d - to refuse any order you place with us and/or limit or cancel quantities purchasedper person, per household or per order which may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
e - to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or
f - to modify the contents of this site at any time, but we have no obligation to update any information on our site no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
g - to modify or discontinue the Service (or any part or content thereof) without notice at any
h - to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
i - to restrict or limit the sales of our goods to any person, geographic region or jurisdiction. Any offer for any Goods made on the Site is void when it is prohibited.
We shall not be responsible:
j- the Site shall be provided in a manner which is secure, timely, uninterrupted,error-free, free of technical difficulties, defects or You may expect temporary interruptions of the Site due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
k - the information made available on this Site is accurate, complete or The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information and may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Any reliance on the material on this site is at your own risk.
l - the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errorsin the Service will be
m - to exam or evaluate the content or accuracy of the any third-party materials or website or tools and we do not warrant and will not have any liability or responsibility for any third-party materials or website or tools, or for any other materials, products, or services of third-parties. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service, any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party You shall read carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
n - We and /or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors:
o - Shall not be liable for injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service; and/or
p - Shall exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connectionwith the Site, our services, and any website linked to Site and any content or material posted on it, any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Site or for any other claim related in any way to your use of the Site including without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if us, our agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Your exclusive remedy with respect to your use of the Site is to discontinue your use of the Site; and/or shall not be liable for any products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility;
q - shall neither be liable for actions or omissions of the third partydelivery services nor you in regard to provision of the Services and where third delivery applies to your order.
r - labilities shall be limited to the maximum extent permitted by
8 - INTELLECTUAL PROPERTY OWNERSHIP
a - We and/or our licensors, shall own all right, title and interest, including all related intellectual property rights, in and to the Site and/or mobile application, the Service and any ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Our name, our logo, the Service, the software and/or the mobile application and the third party transportation providers’ logos and the product names associated with the software and/or the mobile’s application are ours or third parties’ trademarks, and no right or license is granted to use them.
b - The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the mobile application, or any intellectual property rights owned by us and/or our
9 - SEVERABILITY
a - In the event that any provision of these Terms of Service is determined to be unlawful,void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining
10 - TERMINATION
a - You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our
b - We have the right to terminate, suspend or delete your account and access to the Site, including without limitation any service we provide to you in respect of an order and/or Service, if we, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms and you will remain liable for all amounts due up to and including the date of the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all
11 - ENTIRE AGREEMENT
a - The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or
b - These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
c - Any ambiguities in the interpretation of these Terms of Service shall not be construedagainst the drafting
12 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Malaysia.
13 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]