Terms of use

Last updated: November 2021

1. Introduction

Welcome to Pesan Technology (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.nakpesan.com (together or individually “Service”), and our apps operated by Pesan Technology.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them. If you do not agree or fall within the Terms, please do not use the Service. 

2. Account 

2.1. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service. User below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your action and any charges associated with your use of the Service and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Service immediately. 

2.2. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 

2.3. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. 

2.4. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

3. Order

3.1. If you wish to purchase any product or service made available through Service (“Order”), you may be asked to supply certain information relevant to your Order including but not limited to, your phone number and your shipping information. Depends on which payment method you opt for, you may need to provide us with your credit card details.

3.2. You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct and complete.

3.3. We may employ the use of third party services for the purpose of facilitating payment and the completion of Order. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

3.4. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

3.5. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

3.6. Prior to placing the Order 

3.6.1. You are required to provide the delivery address in order for the Service to display the Vendors available in your delivery area. 

3.6.2. Once you select a Vendor, you will be taken to that Vendor’s item list page for you to select and add your Goods to the cart. 

3.6.3. Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.

3.7. Placing the Order 

3.7.1. To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “CHECKOUT”. An Order is successfully placed when you receive a notification from us. 

3.7.2. We and the Vendor (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, we and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither we nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you. 

3.7.3. We are not obligated to provide ingredient information or allergen information on the Service. Further, we does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Service. 

3.7.4. Please note that your Order may be subject to additional terms and conditions provided by the Vendor.

3.8. Cancelling an Order

Please contact the Vendors if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet prepared your Order.

4. Restriction on Goods

All Goods that are sold by our Vendors are guarantee to be legal to purchase, and Halal by the Vendor itself. We did not permit our Vendors to sell illegal items such firearms, and untaxed tobaccos. We also only permit our Vendors to sell Halal Goods but not necessarily need to have Halal label.

5. Price and Payment

5.1. Prices quoted on the Service shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Service may vary from the prices and you accept that offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets). 

5.2. The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Service may: 

5.2.1. include GST, VAT or such other equivalent tax; or 

5.2.2. exclude GST, VAT or such other equivalent tax. 

5.3. A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.

5.4. Delivery fees are chargeable on every Order unless: 

5.4.1. you opt to collect your Order directly from the Vendor (“Pick-Up”); 

5.4.2. you have a valid promotional or discount voucher and apply it at Checkout; or 

5.4.3. unless stated otherwise.

5.5. Prices indicated on the Service are as at the time of each Order and may be subject to change.

5.6. You can choose to pay for an Order using any of the different payment methods offered on the Platforms including: 

5.6.1. Cash-on-Delivery; or 

5.6.2. Our payment partners; 

5.6.3. Such other payment method we offer from time to time.

5.7. If you have existing credit in your account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be.

5.8. After an Order is successfully placed, you will receive a notification from us.

5.9. Payment MethodsWe reserves the right to offer additional payment methods and/or remove existing payment methods at anytime in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. We does not store your credit card or payment information.

5.10. You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, we takes responsibility for payments made on our Service including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

5.11. Refund 

5.11.1. If the Goods is prepared meal,

(i) Online Payment

You have the right to a refund for a cancelled Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order. 

(ii) Cash-on-Delivery

You have the right to cancel your Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after the Vendor has prepared the Order, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders. 

5.11.2. If the Goods in grocery or non-food item,

(i) Online Payment

You have the right to a refund for a cancelled Order only if:a) You has cancelled the Order when the Vendor has not yet prepared your Order or,b) the Goods is damaged during handling by Vendors and is sold less than 24 hours from purchasing time. The Vendor will arrange to collect the Goods and proceed with refund directly from the Vendor. 

(ii) Cash-On-Delivery

You have the right to refund your Order only if:

a) You has cancelled the Order when the Vendor has not yet prepared your Order. Should you still decide to cancel your Order after the Vendor has prepared the Order, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.

b) the Goods is damaged during handling by Vendors and is sold less than 24 hours from purchasing time. The Vendor will arrange to collect the Goods and proceed with refund directly from the Vendor.

6. Delivery 

6.1. Delivery Areas

You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Service, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure. 

6.2. Delivery Time

We shall deliver your Order to the delivery address provided by You. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘Track Orders’ on the Service. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. 

6.3. Unsuccessful or Failed Deliveries

6.3.1 In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

(i) no one was present or available to receive the Order; or

(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or

(iii) lack of appropriate or sufficient access to deliver the Order successfully;

(iv) lack of a suitable or secure location to leave the Order.

6.3.2 No-show Cancellations

If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, we reserves the right to cancel the Order without refund or remedy to you.

6.4. Wrong Order, Missing Items, Defective Goods

Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact the Vendor via one of the methods indicated in “Track Order”. In some cases, we may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

7. Vouchers, Discounts and Promotions

7.1 From time to time, we may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Service (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

7.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.

7.3 Unless otherwise stated, Vouchers can only be used on our Service.

7.4 Vouchers cannot be exchanged for cash.

7.5 we reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply.

7.6 We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you.

8. Vendor Liability

Vendors are responsible for the preparation, condition and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. We shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.

9. Indemnity

You agree to indemnify, defend, hold harmless foodpanda, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.

10. Third Party Links and Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Pesan Technology.

We has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

11. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.If you wish to terminate your account, you may simply discontinue using Service.All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

15. Amendment

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of Malaysia, which governing law applies to agreement without regard to its conflict of law provisions.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

17. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

18. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

19. Contact Us

Please send your feedback, comments, requests for technical support by email: support@nakpesan.com.