1. Using Zhapfan
a. Who can use Zhapfan
You may use our Products only if you can form a binding contract with Zhapfan, and only in compliance with these Terms and all applicable laws. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
You may order meals or such other items through our Products, and we will make deliveries on the specified date you may wish to have the items delivered to your nearest pickup location. Each order must be received before the specified cut-off time, otherwise your orders will not be accepted on that date. A countdown to the order cut-off time will be displayed as you proceed through the ordering process.
It shall be your responsibility to review your order thoroughly. Zhapfan shall not be held responsible for any orders that were made in error.
Zhapfan may at its sole discretion, decide to cancel or not accept your orders. This may occur, for example, when the items you wish to order are no longer available, or are not available for delivery in your area. In such circumstances, we shall provide a valid reason and any payment that has been made will be refunded to you at no additional charge. Zhapfan reserves the right to transfer this refund to your account in the form of Credits which may be used to pay for your next order.
d. Pricing & payment
Prices of all items are in Malaysian Ringgit (MYR) and are correct as shown on the Products. Zhapfan reserves the right to amend any or all item prices from time to time without prior notice. Payment can be made online via FPX bank transfer, debit or credit card.
Orders you place are considered final as soon as payment for them is made. Any cancellation or refund shall be at the sole discretion of Zhapfan. In the event of cancellation or refund, we may transfer the cost of the order to your account in the form of Credits which may be used to pay for your next order.
You shall be given a total of 8 minutes to complete payment for each order. Each order must be paid in full before the specified cut-off time, otherwise your order will not be accepted on that date. A countdown to the payment cut-off time will be displayed as you proceed through the payment process.
Zhapfan may engage a third party service provider (“3rd Party”) to manage the delivery of your order. Whilst we endeavour to have the highest standards for the 3rd Party, we do not assume any responsibility for its conduct or behaviour and shall not be held responsible for any errors or misconduct on the part of the 3rd Party. Your order shall be delivered within the expected time of delivery specific to your pickup location. Whilst we endeavour to meet this time, the delivery may occasionally be delayed due to unfavourable traffic conditions, weather conditions, unforeseen circumstances or a force majeure event, and in such circumstances, Zhapfan shall not be held liable for failure to deliver your order. In the event of non-delivery, we may transfer the cost of the order to your account in the form of Credits which may be used to pay for your next order.
Should it become known to us that the delivery of your order may be substantially delayed, we will attempt to contact you using any contact information that you provide us to inform you of the delay.
You shall be present or shall make arrangements for a representative to be present during delivery of your order at the specified pickup location. In the event that we are unable to reach you, we will attempt to contact you using any contact information that you provide us to inform you of our arrival. If you are uncontactable after 2 attempts, your order shall be deemed delivered, just as if you had successfully received it. Zhapfan shall not be held responsible for any failure on your part to provide adequate access or arrangements for delivery.
f. Food quality & hygiene
Zhapfan shall endeavour to maintain a high level of quality and hygiene during preparation and delivery of all items. In the unlikely event that you find items you receive to be in an unacceptable condition or contain items that do not correctly match your order, please refrain from consuming the items and contact us immediately at firstname.lastname@example.org so that we may arrange for a refund or replacement. Zhapfan reserves the right to substitute any or all of the ordered item(s) with replacement items of equivalent value without prior notice.
g. Commercial use of Zhapfan
If you want to use our Products for commercial purposes, you must first obtain prior written approval from Takeout Arcade Sdn Bhd.
h. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Zhapfan more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Zhapfan does not waive any rights to use similar or related Feedback previously known to Zhapfan, or developed by its employees, or obtained from sources other than you.
We care about the security of our users. While we work to protect the security of your content and account, Zhapfan cannot guarantee that unauthorized third parties will not be able to defeat our security measures.
3. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Zhapfan. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Zhapfan, you do so at your own risk and you agree that Zhapfan will have no liability arising from your use of or access to any third-party website, service, or content.
Zhapfan may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 4-13 of these Terms.
If you use our Products for commercial purposes in violation of Section 1(g), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Zhapfan and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, or (b) your breach of any of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
ZHAPFAN SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZHAPFAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
For any dispute you have with Zhapfan, you agree to first contact us and attempt to resolve the dispute with us informally. If Zhapfan has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Kuala Lumpur Regional Centre for Arbitration ("KLRCA").
9. Governing Law and Jurisdiction
These Terms shall be governed by the laws of Malaysia, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Kuala Lumpur, for any actions not subject to Section 8 (Arbitration).
Our Products are controlled and operated from Malaysia, and we make no representations that they are appropriate or available for use in other locations.
10. General Terms
Zhapfan reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zhapfan without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
12. Entire Agreement/Severability
13. No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Zhapfan's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.