Terms


Homey User Terms and Conditions

 

1.         Your Acceptance

 

1.1       Welcome to our websites (the “Websites“).  This Websites and is published by or on behalf of Homey Food Marketing Sdn Bhd (“Homey” or “we” or “us“) a company incorporated in Malaysia having its registered address at 1B, 2nd Floor, Jalan Todak 5, Pusat Bandar Seberang Jaya, 13700 Perai, Pulau Pinang and business address at 1st Floor, 1681-F3 Jalan Perusahaan, Auto City 13600 Perai, Pulau Pinang.

 

 

1.2       By accessing the Websites, you hereby acknowledge and agree to be bound by the following terms and conditions (“Terms“) and our Privacy Policy. If you have any queries about the Websites or the Terms, you can contact us by any of the means set out in Clause 20.12 of the Terms below. If you do not agree with these Terms, you should stop using or accessing the Websites immediately.

 

1.3       You represent and warrant that you are above eighteen (18) years old and are legally competent to form a binding contract and have full power, capacity and authority to accept these Terms.

 

2.         Description of Services

 

2.1       We are Homey, a food delivery platform provider designed to connect you (our customers) directly to restaurants or home-chefs near you with delivery services.

 

2.2       Homey provides food delivery platform to you where food ordered is directly prepared by the independent restaurant(s) or home-chef(s). The purpose of our service is to provide a simple and convenient online ordering service to you, linking you to the restaurant(s) or home-chef(s) and allow you to browse through the menu offered by the restaurant(s) or home-chef(s) and make order from them. Homey assists the restaurant(s) or home-chef(s) to markets their food or meals offered and assists them to confirm the order(s) on their behalf from you and deliver the food or means ordered to you.

 

2.3         In addition to the above, subject to availability, Homey may from time to time offer own food, meal, recipe or snack which is prepared under the guidance of our appointed dietician under our own brand called “Homey Kitchen”.

 

 

3.         Definition and Interpretation

3.1 (a) Food Provider” means restaurant(s) or the home-chefs or any third party who make available, offer,  prepare and provide the food or meals or services through the Websites to you;

 

      (b) "Websites" means, collectively, the Homey website (https://www.homey.com.my) and other distribution channels owned, controlled or operated by Homey or e-mails, mobile applications or  social media or other types of electronic offerings;

 

      (c)  “Content” means any copyright, trademarks, photographs, graphics, artwork, videos, sound clips, text, and other content or materials which are contained in the Websites.

 

3.2       Words importing the masculine gender shall include the feminine and neuter genders and vice versa and words importing the singular shall include the plural and vice versa.

 

3.3       Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or reenacted and shall include all by-laws, instruments, orders and regulations made thereunder.

 

3.4       Words and phrases the definitions of which are contained or referred to in any act shall be construed as having the meaning thereby attributed to them but excluding any statutory modification thereof not in force on the date of this Agreement.

 

3.5       Reference to Clauses and other provisions are reference to Clauses and other provisions of this Agreement and any reference to a sub-clause is, unless otherwise stated, a reference to a sub-clause of the provision in which the reference appears.

 

3.6       The headings in this Agreement are inserted for convenience and ease of reference only and shall not affect the interpretation hereof.

 

4.         User Account 

 

4.1       In order to use the services in the Websites, you are required to register a user account at with us in the Websites ("User Account"). Your User Account will facilitate your use of various services of the Websites and allow you receive current and accurate, contact and other information pertaining to your relationship with us and the Food Provider.   

 

4.2       If you choose to create a User Account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (“User ID”) and password (“User Account Password”). You shall not allow any other party to access to the Websites using your User ID and you are responsible for preventing such unauthorised use.

 

4.3       Homey relies on the User ID to know whether users accessing the Websites are authorised to do so. If someone accesses Websites is using a User ID which is not belonged to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Websites. Please notify us immediately if you become aware that your User ID is being used without authorisation.

 

4.4       You are responsible for maintaining the confidentiality of your User Account Password, and are responsible for all activities that occur under such account. You agree to immediately notify us of any unauthorized use of your password or User Account or User ID any other breach of security related to the Websites.

 

4.5       Homey is not and will not be liable for any loss or damage arising from your failure to manage your User ID and User Account.

 

4.6       In addition to the other rights set forth herein, Homey reserves the right to refuse service and/or access to the Websites to you at any time without notice for any reason.

 

 

5.         Submitting Order

5.1       Homey provides online food ordering system for the Food Provider to you and/or from us to you where you are offered a wide selection of restaurants or home-chefs around your location. We and/or each Food Provider has a prescribed delivery area which aim to ensure that food/meal is delivered to you designated location at their best.

 

5.2       You can view all the details food/meal offered by the Food Provider or us including but not limited to the price, general ingredient(s) used and etc which are available at the Websites and your order will be processed once you have submitted your order through the Websites and/or the User Account.

 

5.3       You shall at your own risk assess whether the food/meal that you ordered meet your requirement and whether you have any allergic or health issue for taking or consuming the food/meal ordered. You may contact us to make any enquiries on the any information including any ingredient(s) used for the food/meal which you intend to order prior to the submission of order and upon you have submitted the order of the food/meal, it is deemed that you are aware of all the information including all general ingredient(s) used for the food/meal ordered and it shall cause no harm on you or the consumer and we shall not be liable in whatsoever manner to you and/or the consumer.

 

5.4       You hereby acknowledge and agree that any order submitted through the Websites is subject to product availability, delivery capacity and acceptance by Food Provider and/or by us. We may reject any of your order submitted with or without giving any reason at no cost from us.

 

5.5       We and/or the relevant Food Provider will be notified on your order upon your order is submitted through the Websites or through the User Account and thereafter you will received a confirmation message from Homey to your email and/or text message and/or any other similar message which the details of the email and/or the contact number are provided by you through the User Account (“Confirmation Message”).

 

5.6       Upon you received the Confirmation Message, you shall check the details of your order and if there is any inaccuracy or discrepancy, you shall inform us immediately for rectification, failing which, it is deemed that the Confirmation Message is correct and accurate.

 

5.7       You hereby agree and acknowledge that upon order is submitted and where you have order the food/meal from the Food Provider, it is deemed that you have accepted the offer made by the Food Provider through the Websites and each order submitted shall form a separate agreement between you and the Food Provider directly.

 

6.         Price and Payment

 

6.1       The price of each food/meal is listed at the Websites and will vary between the menus from time to time. The Price listed for each food/meal at the Websites may be subject to change from time to time at Homey and/or the Food Provider absolute discretion, however the price of food/meal ordered shall be final and shall not subject to any change once you have submitted your order through the Websites. 

 

6.2       Once you have submitted your order, you are required to make the payment for the amount stated in the Websites immediately before 48 hours prior to delivery of the food/meal ordered, failing which it is deemed that you have cancelled your order submitted.

 

6.3       All payment can be made through your credit card or debit or bank transfer at our designated account through the Websites or through the User Account. All payment is directly made to Homey which Homey is authorised by the relevant Food Provider to collect and received all or any part of the payment on the Food Provider’s behalf. You are not required to make any further payment to the Food Provider once you have made the payment in the manner stated herein.

 

7.         Cancellation of Order

 

7.1       Orders are considered final as soon as they are placed and modification/cancellation is generally not permitted. That said, we do make exceptions on a case-by-case basis and please inform us at least 24 hours in advance. In the event of cancellation, we may credit the cost of such order to your account balance which can be applied to your next order..

 

7.2       Homey shall have the absolute right to cancel any of your order without paying any compensation to you in the event:

           

            (a)        you fail to comply or in breach of any of the terms and conditions stated herein; or

 

            (b)        any food, meal or ingredient(s) are not available to be provided by the Food Provider and/or us; or

 

            (c)        the route or the delivery location are found to be unavailable; or

 

            (d)       bad traffic or bad weather conditions which will cause serious delay on the delivery; or

 

            (e)        any other reasons or conditions which are beyond Homey’s control which render the food/meal ordered unable to provide and/or deliver to you; and

 

            Homey shall notify you if your order have been cancelled due to the above reasons and the payment paid to us (if any) will be refunded to you accordingly.

7.3       You are not allowed to cancel any of your order for whatsoever reason in the event the food/meal has been duly delivered to you and upon the food/meal ordered is duly delivered to you it is deemed that the transaction has been completed.

 

8.         Availability and Delivery

8.1       Homey will use its best endeavor expedite the delivery of your food/meal ordered by you. Homey shall not be liable of any delay in delivering the food/meal ordered by you which due to reasons which is beyond Homey’s control which includes but not limited to bad traffics and weather conditions and etc. However if these conditions happened, Homey will use its best endeavor to expedite the delivery unless we have notified you that your order has been cancel due to the aforesaid reasons.

 

8.2       You shall ensure that all of your details including email address, delivery address, telephone number and any other information provided to Homey are correct and accurate. Homey shall not be liable in whatsoever manner in the event the aforesaid information provided to us is inaccurate or incorrect which result any delay in delivery or cancellation of your order. Homey shall be entitled to charge you any additional sum in the event re-delivery to you is required due to information provided by you to Homey are inaccurate or incorrect. 

 

8.3       If you fail to accept or collect delivery of the food/meal for whatsoever reasons when the food/meal order is duly delivered to you at the delivery address, Homey shall have the right to leave the food/meal ordered at a reasonable place of the premises which is located at the delivery address and you shall be liable to pay the food/meal ordered.

 

8.4       When the food/meal is duly delivered to you at the delivery address, you shall ensure the person delivering the food/meal on Homey’s behalf has safe and adequate access or you have made adequate arrangement to accept or collect the food/meal delivered. Homey shall not be held liable for any damage or cost arising from such failure to provide adequate access or arrangements for delivery.

 

8.5       Homey shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of any late delivery. All risk of the food/meal order shall pass to you upon the food/meal is duly delivered to you at the delivery address.

 

9.         Complaints

 

9.1       We do monitor the Food Provider and our staff very closely and it is of utmost importance to us that they comply with our standards and assist us to maintain our reputation. In the event if you have any feedback or comments or complaints against any of our services or in relation to the food/meal quality, kindly contact or email us and we shall respond and/or convey such message to the relevant Food Provider on matter in relation to the food/meal quality and we aim to respond to your feedback or comments or complaints within five (5) working days upon we received it. 

 

9.2       For the food/meal that you ordered from the Food Provider, you hereby acknowledge that Homey merely provide online platform to enable you to order any food/meal from the Food Provider which is available at the Websites. We shall not be liable for the quality of the food/meal ordered by you which solely prepared and provided by the relevant Food Provider. Any disputes arising from quality of food/meal (if any) must be settled solely between you and the Food Provider. Homey is not responsible and held liable in whatsoever manner on the food/meal which is solely prepared and provided by the relevant Food Provider.

 

10        Information on the Websites

 

10.1     Homey may from time to time post any guidelines or tips or knowledge or any information at the Websites which aim to promote healthy food or healthy diet to you. You hereby acknowledge and agree that all the information posted at the Websites are for general use and guideline only and may not meet your specific requirement and therefore Homey shall not be liable to you in whatsoever manner in relation or arising from such information posted on the Websites.

 

11        General Conditions of Use

 

11.1     The Websites is made available for your own, personal use. The Websites must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use or access on the Websites you must comply with all applicable Malaysia laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

 

11.2     Subject to your compliance with the Terms, We hereby grant you the permission to use the Websites provided that you shall comply with all Applicable Laws and the Terms. In particular, but without limitation n the following:

 

            (a)        your use of the Websites is solely for your personal use and your are not permitted to use the Websites in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement or use the Websites in any other manner inconsistent with the Terms; or

 

            (b)        you shall not attempt to gain unauthorised access to the Websites or any networks, servers or computer systems connected to the Websites; or

 

            (c)        you shall not furnish any false data or attempt to circumvent our security network or in any way interrupt our services provided in the Websites; or

 

            (d)       you shall not resell, modify, alter, duplicate, adapt, translate, reproduce or reverse engineer any part of the Websites or re-format or frame any portion of the pages comprising the Websites, save to the extent expressly permitted by the Terms or by law.

 

 

            You agree to indemnify Homey and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of Websites otherwise than in accordance with the Terms or Applicable Laws.

 

12.       Intellectual Property Rights

 

12.1     The copyright, trademarks, database right and other intellectual property right of any nature in all material contained on, in, or available through the Websites including all information, the Consent, logo, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Homey or its group companies. All rights are reserved. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Material without the prior written consent of Homey or the relevant group company or the relevant third party partner of Homey

 

13.       Link to Third Parties

 

13.1     The Websites may contain links to websites operated by third parties (“Third Party Websites“). Homey may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, Homey does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

 

14.       Privacy Policy

 

14.1     We take your privacy very seriously. Homey will only use your personal information in accordance with the terms of our Privacy Policy. By using the Websites, you acknowledge and agree that you have read and accept the terms of our Privacy Policy and the Terms.

 

15.       Warranty and Disclaimer

 

15.1     You hereby agree that your use of the Websites shall be at your sole risk. The Websites is provided to you on “as is” basis and to the fullest extent permitted by law. Homey, its officers, directors, employees and agents disclaim all warranties, express or implied in connection with the Websites and your use thereof. Homey makes no warranties or representations about the accuracy or completeness of the Content of the Websites and assumes no liability or responsibility for any of the following:

           

            (a)        errors, mistakes or inaccuracies of the Content of the Websites;

 

            (b)        personal injury or property damage or any nature whatsoever, resulting from your access to and use of the Websites;

           

            (c)        any unauthorized access to or use of the Websites and/or any and all personal information and/or financial information stored therein;

 

            (d)       any interruption or cessation of the transmission to or from our services provided on the Websites;

 

            (e)        any bug, viruses, torjan horses, or the like which may be transmitted to or through our services provided on the Websites through the actions of any third party; and/or

 

            (f)        any errors or omissions in any content of the Websites for any loss or damages or any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Websites

 

            We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by the Food Provider or any other third party through the Websites. Any hyperlinked websites or features or other advertising and Homey will not be a party to or in any way be responsible for monitoring any transaction between you and the Food Provider and any other third-party providers.

 

15.2     Homey will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Websites, for any:

 

            (i)         economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or

 

            (ii)        loss of goodwill or reputation; or

 

            (iii)       loss of opportunity; or

 

           (iv)        loss of, damage to or corruption of data; or

 

           (v)        special or indirect or consequential loss;

 

16        Limitation of Liability

 

16.1    Homey’s sole and complete liability to you shall be limited to the amount of Ringgit Malaysia Ten (RM10-00) only or the amount actually paid by you to us, whichever shall be lesser, pursuant to the Terms.

 

 

17.       Indemnity

 

17.1     You agree to defend, indemnify and hold harmless Homey, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to advocate and solicitor's fees) arising from:

 

            (a)        your use of and access to the Websites; or 

 

            (b)        your violation of any term of the Terms; or

 

            (c)        your violation of any third party right, including without limitation any copyright, property, or privacy right; or

 

            (d)       any claim that of the use the Websites which caused damage to a third party.

 

            This defense and indemnification obligation will survive the Terms and your use of the Websites.

 

18.       Termination and Suspension

 

18.1     Homey reserves the right to suspend, terminate or cease providing any services relating to the Websites published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

 

18.2     Upon any suspension or termination, the rights and licenses granted to you herein shall be suspended or terminated and you must cease all use of the Websites.

 

19.       Advertise in the Websites

 

19.1     We accept no responsibility for adverts contained within the Websites. If you agree to purchase goods and/or services from any third party who advertises in the Websites you shall do so at your own risk. The advertiser, not Homey is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

 

20.       Miscellaneous

 

20.1     Right to Modify

 

Homey reserves the right to update the Terms from time to time. If it does so, the updated version will be effective immediately.  You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Websites. 

 

20.2     No Partnership/Agency

 

Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

 

20.3     No other term

 

            Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

 

20.4     Assignment

 

You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.

 

20.5     Force Majeure

 

            We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

 

20.6     Entire agreement

 

This Agreement (and our Privacy Policy) contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. However, the services are provided to you under our operating rules, policies, and procedures as published from time to time on the Websites.

 

20.7     No Waiver

 

            No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.

 

20.8     Notices

 

            Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

 

20.9     Severability

 

            If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

 

20.10   Governing law

 

            This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with laws of Malaysia and both parties hereby submit to the exclusive jurisdiction of the courts of Malaysia.

 

20.11   Representation

 

            The Websites is controlled and offered by Homey from its facilities in Malaysia. Homey makes no representations that the Websites is appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

20.12   Contact

 

                For any clarification, you can contact us, telephone 014-3040711, email: info@homey.com.my

 

This Terms was last modified on 15 November 2018