Terms of Service

1. Acceptance of Terms / Penerimaan Terma

Welcome to MunnieFood! By accessing or using our website, mobile application, or any of our services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

Selamat datang ke MunnieFood! Dengan mengakses atau menggunakan laman web, aplikasi mudah alih, atau mana-mana perkhidmatan kami (secara kolektif, "Perkhidmatan"), anda bersetuju untuk terikat dengan Terma Perkhidmatan ini ("Terma").

If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time, and we will notify you of material changes. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

These Terms are governed by Malaysian law, including but not limited to the Consumer Protection Act 1999, Electronic Commerce Act 2006, Contracts Act 1950, Sale of Goods Act 1957, and Personal Data Protection Act 2010.

2. Eligibility / Kelayakan

By using our Services, you represent and warrant that:

• You are at least 18 years of age (the age of majority under the Age of Majority Act 1971 of Malaysia)
• You have the legal capacity to enter into these Terms under Malaysian law
• You are not prohibited from using our Services under applicable laws
• All registration information you provide is accurate and truthful
• If you are under 18, you have obtained consent from your parent or legal guardian

Dengan menggunakan Perkhidmatan kami, anda mewakili dan menjamin bahawa anda berumur sekurang-kurangnya 18 tahun (umur dewasa di bawah Akta Umur Dewasa 1971 Malaysia).

3. User Accounts / Akaun Pengguna

3.1 Account Creation

To access certain features of our Services, you may need to create an account. You can register using your phone number (verified via OTP), email address, or through third-party authentication services such as Facebook or Google.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Keeping your account information (phone number, address) up to date

3.3 Third-Party Login

When you choose to sign in using Facebook, Google, or other third-party services:

• You authorize us to access and use certain information from your third-party account as described in our Privacy Policy
• Your use of third-party services is subject to their respective terms and policies
• We are not responsible for the actions of third-party service providers

4. Products and Orders / Produk dan Pesanan

4.1 Product Information

We strive to provide accurate product descriptions, images, and pricing. However, colors may appear differently on your device. If you receive a product that is materially different from its description, please contact us.

4.2 Pricing and Currency

• All prices are displayed in Malaysian Ringgit (MYR / RM)
• Prices are inclusive of applicable taxes unless otherwise stated
• Prices are subject to change, but changes will not affect orders already confirmed
• Products are subject to availability
• We reserve the right to limit quantities or refuse orders in cases of suspected fraud or abuse

4.3 Order Process

Your order constitutes an offer to purchase. A binding contract is formed when we confirm acceptance of your order (via WhatsApp, email, or on-screen confirmation).

• We may decline your order due to product unavailability, pricing errors, or suspected fraud
• If we cannot fulfill your order, we will notify you and provide a full refund
• Order confirmations will be sent via WhatsApp to your registered phone number

4.4 Payment

By providing payment information, you represent that you are authorized to use the payment method. All payments are processed securely through Billplz (FPX, e-wallets, and cards). We do not store your payment details.

5. Order Cancellation / Pembatalan Pesanan

You may cancel your order under the following conditions:

• Before Order Confirmation: You may cancel freely before we confirm your order
• After Order Confirmation, Before Preparation: Please contact us immediately. We will try to accommodate cancellation requests, subject to whether preparation has begun
• After Preparation Has Begun: Due to the perishable nature of food products, cancellation may not be possible once preparation has started

To request a cancellation, please contact us via WhatsApp or email as soon as possible.

6. Delivery / Penghantaran

• Delivery times provided are estimates and may vary due to traffic, weather, or other factors beyond our control
• Risk of loss passes to you upon delivery to the address you provided, or upon handover for self-pickup orders
• You are responsible for providing accurate and complete delivery information (address, phone number, delivery instructions)
• If delivery fails due to incorrect information provided by you, additional delivery charges may apply
• For scheduled deliveries, please ensure someone is available to receive the order at the specified time

8. Returns and Refunds / Pemulangan dan Bayaran Balik

(In accordance with the Consumer Protection Act 1999)

8.1 Your Consumer Rights

Under the Consumer Protection Act 1999, you have implied guarantees that goods will:

• Be of acceptable quality
• Be fit for their intended purpose
• Match their description

These statutory rights cannot be excluded and are in addition to any rights under these Terms.

8.2 Refund Policy

Due to the perishable nature of food products:

• Defective or Incorrect Items: If you receive a defective product or an item different from what you ordered, please contact us within 24 hours with photos. We will provide a refund or replacement.
• Quality Issues: If the product quality does not meet acceptable standards, please contact us within 24 hours with photos.
• Missing Items: If items are missing from your order, please contact us immediately. We will arrange delivery of missing items or provide a refund.
• Change of Mind: Due to the perishable nature of food, we generally cannot accept returns for change of mind after delivery.

8.3 Refund Process

Approved refunds will be processed within 7-14 business days to your original payment method. The actual time for the refund to appear in your account depends on your payment provider.

9. Loyalty Program, Points and Rewards / Program Kesetiaan, Mata dan Ganjaran

• Points earned through purchases or promotions have no cash value
• Points and rewards are personal to your account and cannot be transferred or sold
• We reserve the right to modify the loyalty program with reasonable notice
• Points may expire if your account is inactive for an extended period
• Abuse of the loyalty program (including fraudulent referrals) may result in account suspension and forfeiture of points
• Coupons and promotional codes are subject to their specific terms and conditions

10. Acceptable Use / Penggunaan Yang Dibenarkan

When using our Services, you agree NOT to:

• Violate any applicable Malaysian or international laws
• Infringe upon the rights of others
• Submit false, misleading, or fraudulent information
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our Services
• Scrape, harvest, or collect user data without permission
• Use automated systems (bots) without our consent
• Abuse our loyalty program, referral system, or promotions
• Engage in any activity that could harm our reputation or business

11. Intellectual Property / Harta Intelek

11.1 Our Content

All content on our Services, including text, graphics, logos, images, recipes, and software, is the property of MunnieFood or our licensors and is protected by Malaysian and international intellectual property laws.

11.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. This license does not include:

• Resale or commercial use of our Services or content
• Modification or derivative works based on our content
• Downloading or copying account information for third parties
• Use of data mining, robots, or similar data gathering tools

11.3 User Content

By submitting reviews, photos, comments, or other content, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content in connection with our Services and marketing.

12. Privacy and Data Protection / Privasi dan Perlindungan Data

Your use of our Services is governed by our Privacy Policy and Privacy Notice, which is incorporated into these Terms by reference.

We process your personal data in accordance with the Personal Data Protection Act 2010 (PDPA) of Malaysia. Our Privacy Notice details:

• What personal data we collect and why
• How we use and protect your data
• Your rights under the PDPA
• How to contact us about your data

13. Service Availability / Ketersediaan Perkhidmatan

We strive to provide reliable Services, but we do not guarantee that:

• Our Services will be available at all times without interruption
• Our website will be free from errors or technical issues
• All products will always be available

We may temporarily suspend Services for maintenance, updates, or circumstances beyond our control.

Note: This section does not limit your statutory rights under the Consumer Protection Act 1999 regarding the quality and fitness of goods.

14. Limitation of Liability / Had Liabiliti

To the extent permitted by Malaysian law:

• Our total liability for any claims arising from these Terms or your use of our Services shall not exceed the amount you paid to us for the specific order giving rise to the claim
• We shall not be liable for indirect, incidental, or consequential damages arising from your use of our Services

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under Malaysian law, including the Consumer Protection Act 1999
• Breach of implied guarantees under the Consumer Protection Act 1999 regarding goods

15. Indemnification / Indemniti

You agree to indemnify and hold harmless MunnieFood, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your violation of these Terms
• Your violation of any rights of another party
• Any false or misleading information you provide
• Your fraudulent or illegal activities

This indemnification does not apply to claims arising from our negligence or breach of these Terms.

16. Termination / Penamatan

We may suspend or terminate your account and access to our Services if:

• You breach these Terms
• You engage in fraudulent or illegal activity
• You abuse our Services, loyalty program, or promotions
• We are required to do so by law or court order

Where possible, we will provide notice and an opportunity to remedy any breach before termination. Upon termination:

• Your right to use our Services will cease
• Any pending orders may be cancelled (with refund if payment was made)
• Accumulated points and rewards may be forfeited

You may close your account at any time by contacting us. We will process your request in accordance with our Privacy Policy.

18. Governing Law / Undang-undang Yang Mentadbir

These Terms shall be governed by and construed in accordance with the laws of Malaysia, including but not limited to:

• Consumer Protection Act 1999
• Contracts Act 1950
• Sale of Goods Act 1957
• Electronic Commerce Act 2006
• Personal Data Protection Act 2010
• Food Act 1983 and Food Regulations 1985

Terma ini akan ditadbir dan ditafsirkan mengikut undang-undang Malaysia.

19. Changes to Terms / Perubahan Terma

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending notification via WhatsApp or email to registered users (for significant changes)

Your continued use of our Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree with the changes, you should stop using our Services.

20. Severability / Kebolehpisahan

If any provision of these Terms is found by a Malaysian court to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

21. Entire Agreement / Perjanjian Keseluruhan

These Terms, together with our Privacy Policy and Privacy Notice, and any other legal notices published on our Services, constitute the entire agreement between you and MunnieFood regarding your use of our Services.

22. Language / Bahasa

These Terms are provided in English with key sections translated to Bahasa Malaysia for your convenience. In the event of any inconsistency between the English and Bahasa Malaysia versions, the English version shall prevail.

Terma ini disediakan dalam Bahasa Inggeris dengan seksyen utama diterjemahkan ke Bahasa Malaysia untuk kemudahan anda. Sekiranya terdapat sebarang ketidakkonsistenan antara versi Bahasa Inggeris dan Bahasa Malaysia, versi Bahasa Inggeris akan diguna pakai.

23. Contact Us / Hubungi Kami

If you have any questions about these Terms of Service, please contact us: