Terms and Conditions
Chopstick Diner Service and Use
In using this website or by enrolling as a member of Chopstick Diner site, you are deemed to have read and agreed to the following terms and conditions (“Terms of Service and Use”):
The following terminology applies to these Terms of Service and Use and any or all agreements:
“Client”, “You” and “Your” refer to you, the person accessing and/or using this website and accepting the Company’s terms and conditions.
“The Company”, “Ourselves”, “Chopstick Diner”, “We” and “Us”, refer to our Chopstick Diner
“Party”, “Parties”, or “Us”, refer to both the Client and us, or either the Client or us.
“Affiliated Sites” refer to a third party who has agreed to be our affiliate and to host a link to our website.
“Services” refer to the services as offered by Chopstick Diner on Chopstick Diner Site.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Malaysia Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
3. DESCRIPTION OF SERVICES
Chopstick Diner will provide users of the Chopstick Diner Site with access to order homemade food meals. Chopstick Diner will make deliveries on the day the specified date the client wishes to have the client’s meals delivered.
4. ORDER PROCESSING
Chopstick Diner may, in its sole discretion, choose to not process or to cancel your food orders in certain circumstances. This may occur, for example, when the food meals you wish to order is no longer available due to food meals being sold out, out of coverage for delivery, or in other circumstances Chopstick Diner deems inappropriate in its sole discretion. Chopstick Diner also reserves the right, in its sole discretion, to take steps to verify your identity to process your orders. Chopstick Diner will either not charge you or refund the charges for orders that we do not process or cancel.
5. PRODUCT AND SERVICE DESCRIPTIONS
While Chopstick Diner will endeavour to provide accurate descriptions of the products and/or services offered on Chopstick Diner Site, Chopstick Diner does not warrant that the descriptions are accurate, complete, reliable, current or error-free.
In an event where certain ingredient is not available, Chopstick Diner will replace it with a similar ingredient. Quality of the meals will still be preserved.
6. SPECIAL REQUESTS
If you have any special requests when booking your food meals, you must submit them in the column provided before payment is made. Chopstick Diner will try to meet the request of the client, where possible.
Lunch box meals will be delivered between 11am and 1pm, unless otherwise specified.Chopstick Diner will try to meet the delivery time specified by the client however the delivery time will be dependent on traffic flow, weather conditions or incidences which may delay lunch boxes from being delivered on time.
Chopstick Diner engages another company to deliver food to the client. Delivery areas of lunch boxes are to Petaling Jaya (Postcode 46000-46200), Kuala Lumpur City, Mont Kiara, Bangsar, Bangsar South, Sentral and Damansara Heights. Additional charges may apply for delivery outside these areas. The client is responsible to be available during the day of delivery and time of delivery. In an event where the client is unreachable, we will attempt to contact the client twice and if the client is still unreachable we will carry on delivering food to other clients.
8. PRICING INFORMATION
Chopstick Diner is a standard RM15 for each food meal. Additional items will be priced accordingly, RM2 for sesame seeds and chia seeds and RM5 for refreshments.
9. CANCELLATIONS AND CHANGES TO FOOD ORDERS
Cancellations and changes food orders are not permitted. Chopstick Diner can give you credit on your next order, without refunding the monies to the client.
All payment for food orders must be made in full before delivery of food meals. You further acknowledge and agree that the charges will be billed to your payment card, or that you will pay the charges using other payment method approved by Chopstick Diner such as bank transfer or paypal. In the case of a bank transfer, a bank slip must be emailed to [email protected] once payment has been completed/transacted.
11. VISITOR CONDUCT
Chopstick Diner does not have a policy of reviewing any messages, content or information which users of Chopstick Diner Site may post thereon from time to time, your attention is drawn to the fact that Chopstick Diner fully reserves the right to monitor all postings and to remove or to decline to accept any e-mail or postings from Chopstick Diner Site if we decide that such postings are in contravention of the law or of this paragraph herein.
We will also fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to our website in breach of these Terms of Service and Use.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
By posting content to our website, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use.
You agree to indemnify and hold Chopstick Diner, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of this website, any content you supply to this website, or your violation of these Terms of Service and use or the rights of another.
12. COPYRIGHT NOTICE
The copyright and other intellectual property rights in all material on this website are owned by Chopstick Diner and must not be reproduced without our prior written consent. The material in this website includes, but is not limited to, the recipe, design, layout, look, text, appearance and graphics. Subject to the paragraph below, no part of this website may be reproduced without our prior written permission.
You are permitted to use our website for your own personal use and to print and download material from this website provided that you do not modify any content without our consent. You are also free to bookmark and share links directing others to the content on this website. Material on this website must not otherwise be reproduced or republished, either online or offline, without our permission.
13. EXCLUSION OF LIABILITY
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this website) shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website.
This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this website.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and to the extent permitted by law, we and third parties connected to us hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. (b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: (c) loss of income or revenue; (d) loss of business; (e) loss of profits or contracts; (f) loss of anticipated savings; (g) loss of data; (h) loss of goodwill; (i) wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
14. PRIVACY STATEMENT
We are committed to protecting your privacy. Only authorized employees within the Company on a need to know basis use the information collected from individual customers or users of Chopstick Diner Site. We constantly review our systems and data to ensure the best possible service to our customers. Notwithstanding the above, you consent to any personal information we may obtain about you (either via Chopstick Diner Site, by email, telephone or any other means) being collected, stored and otherwise processed.
Client records are regarded as confidential and will not be divulged to any third party save to our affiliates or participating partners or if legally required to do so to the relevant authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Chopstick Diner will only be in connection with the provision of agreed services and/or products.
16. ENTIRE AGREEMENT
These Terms of Service and Use constitute the entire agreement of between you and Chopstick Diner regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service and Use.
If any provision of these Terms of Service and Use has been rendered invalid, enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
18. MODIFICATION OF TERMS OF SERVICE AND USE
You acknowledge and agree that Chopstick Diner may, in its sole discretion, modify, add or remove any portion of these Terms of Service and Use at any time and in any manner, including the terms of Chopstick Diner membership, by posting revised Terms of Service and Use on Chopstick Diner Site. You may not amend or modify these Terms of Service and Use under any circumstances. It is your sole responsibility to check periodically for any changes we make to the Terms of Service and Use. Your continued use of Chopstick Diner Site after any changes to the Terms of Service and Use means you accept the changes.
19. FOURCE MAJEURE
Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.
20. BINDING EFFECT
These Terms and Conditions are binding upon the heirs, successors-in-title, administrators, executors, personal representatives and permitted assigns of the Parties herein (whichever is applicable).
NOTE: These terms and conditions form part of the Agreement between the Client and Chopstick Diner. Your accessing of this website and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.
Updated 8 September 2014