Service Terms

TERMS AND CONDITIONS OF USE AND SALE

 

1.INTRODUCTION AND OUR ROLE

1.1. Company details: Lauk Teknologi Services is a registered company number SA0443636-D.

1.2. Product Orders: We provide a way for you to communicate your orders (“Orders“) for products (“Products“) to delivery or takeaway restaurants (“Merchant“) displayed on users of Lauk Mobile Application (“App”) or Website. The legal contract for the supply and purchase of Products is between you and the Merchant that you place your Order with and we will conclude the sale of Products on behalf of, and agent for, the Restaurants in all cases.

 

2.MOBILE APPLICATION OR WEBSITE ACCESS AND TERMS

2.1. Acceptance of terms: By accessing or using Lauk App, you are agreeing to this Terms and Conditions concluding a legally binding contract with Lauk Teknologi Services and/or its affiliates. You may not use the services if you do not accept or unable to be bound by the terms.

2.2. Application Access & Services: You may access a technology platform that enables users of Lauk App or website by registering your details with us. You may make an Order and to Schedule logistics services by an independent third party delivery provider under agreement with Lauk or certain of Lauk’s affiliates. Unless otherwise agreed by Lauk in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

2.3. Revision of terms: We may revise these Terms and Conditions at any time. You should check the Application regularly to review the current Terms and Conditions, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to Lauk’s mobile application. You are also responsible for ensuring that all persons who access to Lauk’s mobile application through personal device are aware of these Terms and Conditions and that they comply with them.

 

3. ACCOUNTS AND REGISTRATION

3.1. Personal Information: You are required to provide certain information or to register for an account. And the information may include your name, email address, delivery address, birthday, demographic information, and phone number.

3.1.1. You acknowledge that you have the legal capacity to use and to order through the App. You agree that the information provided is accurate and will keep it accurate and up dated. You are solely responsible for safeguarding the confidentiality of your accounts and password. You agree to accept responsibility for all activities that occur under your account.

 

3.2. Liability Of Information:

3.2. We shall take all reasonable measures to safeguarding your orders and personal details. We shall not be liable for any loss in the event of access by third party to any data provided when accessing or ordering from the app unless we have been proved to be negligent in securing the info provided.

3.2.1 We may include the disclosure of your personal information to selected third parties from time to time believing that the services offered by such third parties may be of interest to you or where this is required by law.

 

4. YOUR STATUS

4.1. Capacity and age: By placing an Order through the App or Website, you warrant that:

4.1.1. You are legally capable of entering into binding contracts with Merchant; and

4.2. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the customer service directly to check that the food is suitable for you, before placing your order directly with them.

 

5. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

5.1. Compiling your Order: Once you have selected the Products you wish to order from the menu/items of your chosen Merchant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “Pay”, “Swipe to confirm” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Merchant and errors cannot be corrected (subject to paragraph 5.2. below).

5.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 7.3 and 7.5 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Merchant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Merchant or that the Merchant will agree to your requests as they may have already started processing your Order.

5.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Merchant.

5.4. Processing your Order and Restaurant rejections: On receipt of your Order, we will send it to the relevant Merchant and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with a Merchant but does not necessarily mean that your Order will be fulfilled by the Merchant. We encourage all our Merchants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally via app) as soon as reasonably practicable if a Restaurant rejects your Order. However, Merchants have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Merchants will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 5.6 below.

5.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Merchants and are only estimates. Neither we nor the Merchants guarantee that Orders will be delivered or will be available for collection within the estimated times.

 

6. PRICE AND PAYMENT

6.1. SST and delivery costs: Prices will be as quoted on the mobile application. These prices include 6% SST but may exclude 3% processing fee, delivery costs (if you opt for delivery instead of collection) and any administration or service charge imposed by the Merchant. These will be added to the total amount due where applicable

6.2. Incorrect pricing: This mobile application contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the mobile application, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

6.3. Payment methods: Payment for Orders must be made by Online Banking or accepted credit or debit card through the mobile application or in cash at the point of delivery to you.

6.4. Promocode and discount vouchers: A promocode or discount may apply to your Order if you use a promotional voucher or code recognised by Lauk’s mobile application, and you pay for any balance afterwards.

 

7. CUSTOMER CARE

7.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the “Chat Support”, “Help” or similar button or by calling the telephone number shown on the Website.

7.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Merchant in order to follow up on your query.

7.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to contact the Merchant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Merchant or that the Merchant will agree to your requests as they may have already started processing your Order.

7.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Merchant, please consider providing feedback in the form of ratings, comments and reviews on the Application (together, “Reviews”) to reflect your experience. The Reviews are an important part of our quality control process.

7.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Merchant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Merchant directly to lodge your complaint and, where appropriate, follow the Merchant’s own complaint procedures. If you are unable to contact the Merchant, or the Merchant refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Merchant in order to request compensation on your behalf. Please note, however, that the legal contract for the supply and purchase of Products is between you and the Merchant that you place your Order with. We have no control over Merchants and the quality of the Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Merchant.

 

8. LICENCE

8.1. Terms of permitted use: You are permitted to use the Website or the App and print and download extracts from the Website or the App for your own personal non-commercial use on the following basis:

8.1.1. You must not misuse the Website or App (including by hacking or \”scraping\”).

8.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website or App and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website or App Terms and conditions, any use of extracts from the Website or App other than in accordance with paragraph 7.1 is prohibited.

8.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

8.1.4. You must ensure that our status as the author of the material on the Website or App is always acknowledged.

 

9. DISCLAIMER OF WARRANTIES

9.1. Warranties: We do not provide any warranty or guarantee as to accuracy, timeliness, reliability, or sustainability, of the information offered from the Website or the App. Pictures shown in Website or App are strictly for illustration purpose only. You shall acknowledge that the information and materials are provided on “as is” and “if available” basis which may contain inaccuracies or errors permitted by law which we are not to be held responsible. You are responsible to evaluate the info or material offered on website and apps generally.

9.2. Allergy, dietary and other menu information: Merchants will replace certain ingredients in the event of ingredients unavailability while preserving the quality of the meals. Please be aware that Merchant may use ingredients that contains nuts, nut oil, dairy, seafood, shellfish and gluten in our meal. Please beware if you have food allergies. Please contact Customer Care directly if you have any food allergies or intolerances.

9.3. Products Delivered: In the event of customers found the Product delivered are not in good condition or contain items that do not belong therein please contact us at [email protected]auk.com.my and it will be replaced.

9.4. Cooked Food Time Limit: All food must be consumed within 4 hours after delivered.

 

10.LIABILITY

10.1. General: If you choose to use the Website or App, you acknowledge and agree that the use of the app is at your own risk the maximum extent permitted according to the applicable law.

10.2. Exclusion of Liability: We shall not be liable for any damages whatsoever, incidental, direct, indirect, loss of profit, loss of revenue from the result of using Website or App.

10.3. Content Liability: The Website or App may include content, information or links to third parties. We shall not be held responsible for the content of any such sites or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations.

10.3.1. You agree to indemnify Lauk’s, its subsidiaries and affiliates harmless from any demand or claim, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of use of the App, the violation of this Agreement, or infringement by you, or other user of the App using your account, of any intellectual property or any other right of any person or entity.

 

11. EVENTS OUTSIDE OUR CONTROL

11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website or App Terms and Conditions that is caused by events outside our reasonable control (“Force Majeure Event“).

11.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

11.2.1. strikes, lock-outs or other industrial action;

11.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

11.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

11.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

11.2.5. impossibility of the use of public or private telecommunications networks; and

11.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

 

12. ADDITIONAL TERMS

12.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy.

12.3. Severability: If any of these Website and Apps Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

12.4. Entire agreement: These Website and Apps Terms and Conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

12.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website and Apps Terms and Conditions will not be interpreted as a waiver of your or our rights or remedies.

12.6. Assignment: You may not transfer any of your rights or obligations under these Website or Apps Terms without our prior written consent. We may transfer any of our rights or obligations under these Website or Apps Terms and Conditions without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

 

13. GOVERNING LAW AND JURISDICTION

This Terms and Conditions will be governed by and interpreted in accordance with the laws of Malaysia without reference to its conflict-of-laws principles. If any provision of this Terms and Condition is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and Conditions will not affect the validity and enforceability of any remaining provisions.

 

LAST UPDATED 5 MARCH 2019