Terms Of Use

Welcome to OhMyGrocer. Please read these Terms of Use carefully before using our website, mobile applications or blogs (collectively, the "Site") provided by OhMyGrocer or other affiliates (collectively, "OMG", "we", "our" or "us").

This Site is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions and notices set forth below (collectively, the "Agreement"). This Agreement governs any use by you of the Site and all of the products, software, services, and websites (collectively, the "Services") offered by OMG.

By accessing or using this Site in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept any/all of these terms, conditions, and notices, please do not use this Site. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and you continued access or use of this Site signifies your acceptance of the updated or modified Agreement. Your activities on the Site or use of the Services may also be governed by additional guidelines, rules or agreements, all of which are incorporated by reference herein.

SECTION 1 - ELIGIBILITY

As a conditioned of your use of this Site, you warrant that:

  • you are at least 18 years of age,
  • you are a legal resident of Malaysia,
  • you have not been previously suspended or removed from the Site,
  • you do not have more than one OMG account,
  • you possess the legal authority to create a binding legal obligation,
  • you will use this Site in accordance with this Agreement,
  • you will only use this Site to secure legitimate Services for you or for another person for you who are legally authorized to act, and
  • all information supplied by you on this Site is true, accurate, current and complete.

If you have an OMG account, you will safeguard your account, you will supervise the use of your account, and you will be completely responsible for any use of your account by you and/or anyone other than you. We retain the right at our sole discretion to deny anyone access to this Site and the Services we offer, at any time and for any reason, including but not limited to, violation of this Agreement.

SECTION 2 - ACCOUNT REGISTRATION

In order to access or use certain features of the Service, you must register for an account. To be a registered User of the Services, you will be required to provide us with some information about yourself (such as your name, email address, phone number, delivery address and more). You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OMG has reasonable grounds to suspects that such information is untrue, inaccurate, not current or incomplete, OMG has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).

OMG is concerned about the safety and privacy of all our Users, particularly children. For this reason, and to be consistent with the terms of use of any service provider or other third party service providers, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.

Account, Password and Security. As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify OMG  of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. OMG cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any authorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that OMG shall be the sole arbiter of such dispute in its sole discretion and that OMG's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

SECTION 3 - LICENSE

OMG hereby grants you a personal, non-exclusive and non-transferable license to use the Site, and access and use the Services available via the Site, subject to the terms set out in these Agreement.

You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:

  • any Service;
  • the Site;
  • any material, information, news, advertisements, products, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site (collectively, "Content").
  • except, to the extent permitted, with the prior written consent of OMG or unless expressly permitted in these Terms of Use.

Ownership. The Site, Services, and Content are protected by copyright, trademark, and other laws of Malaysia. You acknowledge and agree that the Site, Services, and Content, including all associated intellectual property rights, are the exclusive property of OMG and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Content.

Intellectual Property. You agree not to copy, reserve engineer,  or attempt to discover any source code, distribute or create derivative works based on the Site, in whole or in part. You agree not to access the Site by any means other than through the interface that is provided by OMG for use in accessing the Site. In addition, any software that is made available from this Site, including without limitation, all code and web controls, are owned by or licensed to OMG. Any reproduction or redistribution of this software is expressly prohibited.

SECTION 4 - ADVERTISEMENTS AND LINKS

OMG may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that OMG is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that OMG shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.

SECTION 5 - PROMOTIONS, PRIVILEGES AND PROGRAMMES

From time to time we may run promotions, contests, surveys, privileges and other programmes , subject to additioal terms and conditions which can be found on the Site and are hereby incorporated by reference into these Terms of Use. Promotions, contests, privileges and programmes are only valid for the time period specified by OMG and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock.

The following terms shall apply to the use of credits, vouchers, coupons and codes (collectively, "Voucher Code").

  • each Voucher Code is only eligible for a single use and is only valid for the time period specified by OMG.
  • Voucher Codes may only be redeemed by purchasing certain products from OMG during the applicable validity period. Unless otherwise stated.
  • use of any Voucher Code must be indicated at the time of checkout, and all information required by OMG must be provided. No retroactive use of the Voucher Code is permitted.
  • Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.
  • a minimum spend may be required before use of the Voucher Code is permitted.
  • Voucher Codes cannot be refunded, redeemed or exchanged for cash.
  • resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift voucher, if offered by OMG, may be purchased by you and given to others.
  • no reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.
  • Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
  • OMG reserves the right to verify the validity of any Voucher Code and to declare null and void and charge full price for items purchased, any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
  • we reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on the Site.

Any free gift is offered as part of a promotion, the free gift is offered on a "first come first serve" basis. No cash or credit will be offered in lieu of the gift. You are permitted to return a product to OMG for a refund/credit and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related. If the total order value is reduced below the value of the qualifying free delivery or any promotional qualification because of a returned item, OMG may charge the delivery fee and/or the full value of the order without the promotion.

OMG's decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding. We reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.

SECTION 6 - SITE CONTENT

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by OMG in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. OMG may own the Site Content or portions of the Site Content may be made available to OMG through arrangement with third parties. Except as expressly authorized by OMG in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of OMG. You shall use the Site Content only for purposes that are permitted by this Agreement and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

SECTION 7 - MEMBER CONTENT

We are not responsible for information, data, text, music, sound, photographs, graphics, videos, code, messages, logos, tags, or any other material (collectively referred to herein as "Content") posted, stored or uploaded by users of the Site, or offered by you through a Service. OMG makes no representations with respect to the accuracy, integrity, or quality of any such Content, and shall not in any way be liable for, without limitation, for any errors or omissions in any Content, any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

The Site may contain bulletin boards, review services, or other forum in which you or third parties may post reviews of experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and you understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect you use the Services at your own risk.

OMG is not liable for any statements, representations, mistakes, defamation, slander, libel, omissions, flasehoods, obscenity, pornography, profanity or other Content provided by its users in any Interactive Areas. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, OMG reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to OMG a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative work based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign or domestic). In addition, Your Content must be accurate and truthful. OMG reserves the right to remove any of Your Content from the Site at any time if we believes in its sole discretion that it does not comply with this Agreement. In addition, you agree that we may use your name and profile picture (whether or not you have made it available through the Site) for the purpose of identifying you as existing or past customer of OMG both on the Site and in marketing and promotional materials.

SECTION 8 - MEMBER CONTENT PROHIBITIONS

You understand that we do not provide the information on the Site and that all publicly posted or privately transmitted information and/or data, including but not limited to, text, photographs, graphics, messages, images, sounds, emails, comments, feedback, suggestions, ideas or other materials ("Content") are the sole responsibility of the person from which such Content originated. You agree and represent that you are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise use or make available via the Service and this Site. Since we do not control the Content posted on the Site or sent to you from another user of the Site, advertiser, or other third-party, we cannot and do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site and/or the Service, you may be exposed to offensive, indecent or objectionable Content. You agree that we are not liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site and/or the Service or actions taken in response or reaction thereto.

You agree not to use the Site and/or the Service for any illegal or inappropriate purpose, and affirmatively represent and warrant:

  • member Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, invasive of privacy or publicly rights, abusive, inflammatory, fraudulent, discriminatory or otherwise objectionable.
  • member Content that would constitute, encourage or provide instruction for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
  • member Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
  • member Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or the origin of any member Content.
  • member Content that, in the sole judgement or OMG is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose OMG or its suppliers or users to any harm or liability of any type.
  • unsolicited promotions, political campaigning, advertising or solicitations.
  • private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers.
  • viruses, corrupted data or other harmful, disruptive or destructive files.
  • stalk or otherwise harass another.
  • set up additional account(s) to be used for deceptive purposes ("Sock Puppet Accounts").

SECTION 9 - GENERAL PROHIBITIONS

Additionally, you agree not to do the followings:

  • use this Site or its Content for any commercial purpose.
  • use, display, mirror of frame the Site, or any individual element within the Site, the OMG name, any OMG trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
  • access, monitor, copy or download any Site Consent or Information of this Site using any robot, spider, scapper or other automated means or any manual process for any purpose without our express written permission.
  • violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site.
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • compromise the confidentiality of your member account and password. You are fully responsible for all liablity and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
  • collect or store any personally identifiable information from the Site from other users of the Site without their express permission.
  • encourage or enable any other individual to do any of the foregoing.

OMG will have the right to investigate and persecute violations of any of the above to the fullest extent of the law. OMG may involve and cooperate with law enforcement authorities in prosecuting users who violate these Agreement. You acknowledge that OMG has no obligation to monitor your access to or use of the Site or Site Content or to edit any Site Content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Agreement, or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that OMG, at its sole discretion, considers to be objectionable for any reason, in violation of these Agreement or otherwise harmful to the Site.

SECTION 10 - SUSPENSION AND TERMINATION

You agree that OMG has the right in its sole and absolute discretion and without notice or liability to:

  • restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or
  • terminate, deactivate or suspend your account, delete your account and all related information and files in your account without assigning any reason.

Without prejudice to the generally of the above, OMG reserves the right to deactivate your account if it has been inactive for a period of 10 years or more, or if you are in breach of any of our Terms of Use.

SECTION 11 - PRIVACY

OMG recognizes the importance of keeping your personal information and data secure and private. To understand our Privacy Policy, please read our policy and practices concerning OMG's collection and use of your personal information.

Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.

SECTION 12 - COMMENTS AND FEEDBACK

You may provide or submit comments, feedback, suggestions and other content or information (collectively, "Comments") so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing, or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise misled as to the origin of a Comment. OMG reserves the right (but not the obligation) to review, remove or edit such content.

You hereby grant OMG a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable license to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site, for any purpose as OMG may require at its sole discretion. You further agree that OMG may use and publish your name in connection with such Comments.

If you have any questions or concerns about these Terms of Use or any issues raised in these Agreement or on the Site, please contact us at hello@ohmygrocer.com

SECTION 13 - INDEMNITY

You agree to defend, indemnify and hold OMG, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, shareholders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; you violation of this Agreement; and/or your violation of any rights of another. OMG shall provide notice to you of any such Claim, provided that the failure or delay by OMG in providing such notice shall not limit your obligations hereunder. OMG reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and in such case, you agree to cooperate with all reasonable requests in assisting OMG's defense of such matter.

SECTION 14 - DISCLAIMER OF WARRANTIES

You expressly understand that (except where prohibited by law): (a) Your use of the Site and or the Services is at your own risk. The Site and Services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability and services of a particular purpose and non-infringement. (b) We make no warranty that: (i) The Site or Services will meet your requirement, (ii) The Site or Services will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from the use of the Site or Services will be accurate or reliable, (iv) The quality of any products, services, information or other material purchase or obtained by you through the Site or Services will meet your expectations, (v) Any errors in the software will be corrected or that any portion of the Site will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties. (c) Any material downloaded or otherwise obtained through the use of the Site or Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (d) No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in this Agreement.

SECTION 15 - LIMITATION OF LIABILITY

OMG shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise with respect to the Services, or any other subject matter of this Agreement, for (i) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OMG has been advised of the possibility of such damages), (ii) the cost of procurement of substitute services, or (iii) any matters beyond OMG's reasonable control. OMG shall have no liability with respect to any of Your Content or any Content of any other user of the Services. In addition, OMG is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the Services (including, without limitation, any facilitated payment modes service), and OMG has no resposibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third party service provider the foregoing limitations shall not apply to the extent prohibited by applicable law.

SECTION 16 - DISPUTES RESOLUTION

In the event of any dispute between OMG and you arising out of or in connection with your use of the Site, the parties shall promptly and in good faith, endeavor to resolve any such dispute. If parties are unable to resolve the dispute within thirty (30) days, then either party may submit the dispute to mediation. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of OMG to seek recourse in the courts of law, including commencing a legal action. If parties are unable to resolve the dispute and agree on a settlement via mediation, the parties may then elect to pursue the matter in court or via arbitration and shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. In the event the parties elect arbitration, the arbitration shall be conducted at the Kuala Lumpur Regional Centre For Arbitration ("KLRCA") and shall be in accordance with the KLRCA Arbitration Rules and the Arbitration Act 2005, where applicable. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to OMG's Site and/or the Services be institured more than 6 years after the cause of action arises.

SECTION 17 - GOVERNING LAW

These Agreement are governed by the laws of Malaysia. You hereby irrevocably submit solely to the exclusive jurisdiction of the courts of law of Malaysia in respect of all disputes arising out of or relating to the use of the Sites. OMG's performance of these Agreement is subject to existing laws, regulations and legal process, and nothing contained in these Agreement is in derogation of OMG's right to comply with governmental, court of law enforcement requests or requirements relating to the use of OMG's Site or information provided to or gathered by OMG with respect to such use.

SECTION 18 - GENERAL

This Agreement shall remain in full force and effect while you use the Site or retain a member account. You acknowledge that OMG reserves the right, in its sole discretion, to restrict, suspend, or terminate your account or deny you access to all or any part of the Site at any time, for any or no reason, including but not limited to your violation of any provision of this Agreement and/or any applicable copyright and trademark laws. You agree that termination of your account or restriction on access to the Site may be effective without prior notice, and acknowledge and agree that upon termination of your account or restriction on access to the Site, OMG may immediately deactivate and delete all related member content, information and files associated with your account, and bar any further access by you to such files and/or the Site. We are not obliged to preserve, keep, or maintain back-up copies of any member content submitted or posted on the Site.

SECTION 19 - ENTIRE AGREEMENT

These Agreement constitute the entire and exclusive understanding and agreement between OMG and you regarding the Site, Services, Collective Content, Referral Program, and any purchases made via the Site and Services, and these Agreement supersede and replace any and all prior oral or written understandings or agreements between OMG and you regarding purchases, the Site, Services, Collective Content and Referral Program.

SECTION 20 - ASSIGNMENT

You may not assign or transfer these Agreement, by operation of law or otherwise, without OMG's prior written consent. Any attempt by you to assign or transfer these Agreement, without such consent, will be null and of no effect. We may assign or transfer these Agreement, at its sole discretion, without restriction. Subject to the foregoing, these Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

SECTION 21 - MODIFICATIONS

OMG may revise these Agreement at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms of Use.

SECTION 22 - FORCE MAJEURE

No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

For purposes of these Terms of Use, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use. Such circumstance or event shall include strikes, lockouts, industrial action or labor disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, motor transport or other means of public or private transport, or political interference with the normal operation of any party.

SECTION 23 - VIOLATIONS

Please report any violations of this Agreement by contacting us at hello@ohmygrocer.com

 

 

Last updated on 5 April 2016