TERMS OF USE

Updated on 14 December 2018

  1. ACCEPTANCE OF TERMS OF USE
    • 1.1 The Foodtify.my website (the “Site”), application (the “App”) and its search engine (collectively, the “Portal”) is provided by Foodtify Technologies (“FOODTIFY”) (SSM Registration: 002915525-M).
    • 1.2 These terms and conditions (collectively, the “Terms”) constitute a legal agreement between yourself and FOODTIFY governing your registration as a User and your access to and use of the Portal.
    • 1.3 You acknowledge and agree that by accessing or using the Portal, you are indicating that you have read, understood and agree to be bound by these Terms.
    • 1.4 FOODTIFY may modify these terms at any time at its sole discretion, and such modifications take immediate effect upon its posting on the Portal. In addition, on an on-going basis, FOODTIFY may make changes and additions to the Portal, including but not limited to new products, features and functionality. If FOODTIFY modifies these Terms, we will provide notice of the modifications to existing User via the Portal. Your continued access to or use of the Portal is deemed as your acceptance of such modified terms.
  2. ELIGIBILITY, REGISTRATION AND SECURITY
    • 2.1 In order to use the Portal, you must satisfy all the criteria set forth below in clause 2.2 including any amendments that FOODTIFY may make at its sole discretion.
    • 2.2 You agree that throughout your use of the Portal, you will comply with the following:
      • – You are 18 years of age and above or if you are less than 18 years of age, you have obtained the necessary consent from your legal guardian(s); and
      • – You are legally capable and permitted to accede to these Terms and to perform your obligations under these Terms.
    • 2.3 To facilitate your use of some of the services within the Portal, you may be required to register or open an account as a User. When registering as a User, you are required to provide us with accurate, complete and updated registration information (including your Personal Information) to enable others, including FOODTIFY to identify you. To secure your Personal Information, access to your data on the Portal is password protected. Keep confidential your login credentials or any personal account information relating to the Portal. Your access to certain features of the Portal may be activated and authenticated by your login credentials. Emails and instant messaging, use of message board and forums and similar means of communication with other Users of the Portal may not be encrypted. Therefore, refrain from communicating any confidential information (e.g. personal credit card information, or passwords) through these means. You are authorized to access and use the Portal only for your personal and non-commercial use.
    • 2.4 Upon learning that any person has acquired knowledge of your password or has used your password to access or use the Site or effect any transaction (whether with or without your knowledge and consent), you shall:
      • – immediately notify FOODTIFY thereof;
      • – immediately change the password;
      • – take such steps and measures as may be required by FOODTIFY to facilitate the investigation and/or prevention of any fraud or abuse of the user account; and
      • – provide FOODTIFY with any other information relating thereto as FOODTIFY may require.
    • 2.5 FOODTIFY takes certain industry-accepted precautions to secure the Portal or portions thereof. However, you agree that such precautions do not guarantee that use of the Portal is invulnerable to all security breaches, nor does FOODTIFY make any warranty, guarantee, or representation that use of the Portal is protected from all viruses, worms, Trojan horses, and other vulnerabilities.
    • 2.6 By means of Facebook Connect API, you may log in to the Portal using your Facebook account. By accessing the Portal using your Facebook account, you authorise us to (i) retrieve the photo image and display name associated with your Facebook account for display on the member’s profile section of the Portal; and (ii) display posts within your Facebook account to reflect any reviews, articles or events you submit to the Portal so that your friends on Facebook will be aware of your views. Apart from the 2 activities described above, we do not otherwise retrieve or post any other information or data from or to your Facebook account. Further, we shall not be responsible for any changes to the features, functionality or terms that govern your Facebook account as these are controlled by Facebook, not us.
  3. PRIVACY
    • 3.1 You willingly provide us with certain personal information, which we collect in order to allow you to benefit from the Portal. When you access the Portal, we may collect the following information:
      • – Personal Information : personal information which is not limited to your name, contact number, gender, email address, postal code, mailing address and billing information (“Personal Information”);
      • – Cookies: We use cookies to collect, store and sometimes track information for statistical purposes to improve the services we provide and provide customizable services;
      • – Log information: Our servers logs may include information such as web requests, your interaction with a service, internet protocol address, browser type, browser language, the date and time of your enquiries and one or more cookies that may uniquely identify your browser or your account (“Log Information”);
      • – Location Data: FOODTIFY may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (“Location Data”); or
      • – Any other relevant information which FOODTIFY deems applicable in order to provide you with maximum customer experience of the Portal.
    • 3.2 If you have any hesitation about providing such information to be used in any manner permitted under these Terms, you should not access or use the Portal.
    • 3.3 You agree and acknowledge that we may use the information we collect from you and disclose such information to FOODTIFY or any FOODTIFY Affiliates or third parties for the purposes of:
    • – Monitoring your compliance with and enforcing any terms and conditions of use imposed by FOODTIFY
    • ;
    • – Monitoring the use of, or planning, researching, designing, developing, market research, improving or marketing the Portal or any related service;
    • – Unless you have requested otherwise, sending you periodic communications (by post, telephone, SMS, email, in app push notifications) in relation to products, services, events and promotions;
    • – Any investigation into, prevention of or taking of action in relation to illegal activities or suspected fraud; or
    • – Complying with any applicable law or any order of court or law enforcement, governmental or regulatory agency, or rendering assistance to any such agency.
    • 3.4 For the avoidance of doubt, usage of Personal Information as described above includes display in the public domain through the Portal to the extent that such Personal Information is configured in your account to be public.
    • 3.5 Any information disclosed in the public areas of the Portal (such as message boards, forums, and/or fields in your account configured to be publicly accessible) become public information. You should exercise caution when disclosing your Personal Information in this way.
    • 3.6 FOODTIFY requires employees and contractors to perform their duties in a manner that is consistent with FOODTIFY’s legal responsibilities in relation to privacy.
    • 3.7 FOODTIFY will take all reasonable steps to ensure that records containing Personal Information are stored in facilities that are only accessible by people within FOODTIFY and any FOODTIFY Affiliate who “needs to know” or as a “right to know”.
    • 3.8 FOODTIFY will review, on a regular and ongoing basis, its information security practices to ascertain how on-going responsibilities can be achieved and maintained.
    • 3.9 FOODTIFY offers an online profile page on the Portal, where you can view, amend or update your Personal Information. This online profile page contains all your Personal Information collected and stored by FOODTIFY and is an exact representation of what FOODTIFY stores in its database
    • 3.10 FOODTIFY representatives will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry or complaint regarding privacy should do so by sending an email to [please insert email address].
    • 3.11 By providing your information to us, you consent to us transferring your information outside of Malaysia, countries where FOODTIFY and its related companies has/will set up data centres.
    • 3.12 When you are making redemption of your points for rewards, you may also be asked to provide your Personal Information to the redemption partner for the purpose of sending the rewards or certificates for the rewards to you or to contact you for marketing purposes. You acknowledge that FOODTIFY will have no control over the use of the Personal Information that you provide to the redemption partners that all such Personal Information shall be provided at your own risk. If you have any hesitation about providing such Personal Information to the redemption partners, you should not participate in the reward redemption.
  4. USER CONDUCT, REPRESENTATION AND WARRANTIE
    • 4.1 User will be granted various rights and benefits in relation to the Portal, including the right to utilize various services. You acknowledge and agree that FOODTIFY at its sole discretion may either provide the Portal to you on a free of charge basis or charge a fee for access to the Portal, including but not limited to charges for unlocking new features on the App, downloading the App or upgrades to the App; and different rights and benefits may be granted to different Users, as FOODTIFY may determine, at its sole discretion.
    • 4.2 You represent and warrant that your access to and use of the Portal will not compromise the security or integrity of FOODTIFY’s systems, networks, or servers.
    • 4.3 You understand that you are responsible for any content that you post or transmit on or through the Portal and agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience to FOODTIFY, its Affiliates or any of its customers or users of the Portal by your use of the Portal.
    • 4.4 You agree to use the Portal in a manner consistent with all applicable laws and regulations. Specifically, you will not use the Portal to post, transmit, distribute, link to, or solicit content that:
      • – contains any advertising and promotional message;
      • – violates or infringes any applicable local laws, regulatory requirements or codes;
      • – infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
      • – contains any obscene, offensive, defamatory or otherwise actionable material;
      • – undermines the security or integrity of the Site, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
      • – contains any errors, whether technical or otherwise; or
      • – contains any material in any form that would otherwise render FOODTIFY liable or expose FOODTIFY to any proceedings whatsoever
    • 4.5 You may not use any robot, spider, or other automatic or manual device or process to monitor or copy our web pages or any portion of the Content contained herein without FOODTIFY’s express written permission.
    • 4.6 You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal, or to impose an unreasonable or disproportionately large load on the servers serving the Portal.
    • 4.7 FOODTIFY shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via the Portal without reference to you. Without limiting the foregoing, FOODTIFY reserves the right to remove or alter any content that violates these Terms or is otherwise objectionable
    • 4.8 To assist us with moderation of content, we have provided you with “report abuse” buttons conveniently positioned on the Portal so that you may activate them to inform us of any objectionable content. Upon receipt of your report, we shall review the relevant abuse report as soon as possible and moderate the content as we may deem appropriate.
    • 4.9
    • The listing of any prohibited activities above is not exhaustive. FOODTIFY reserves the right to determine that any conduct that is or could be harmful to the Portal, our servers, or use of the Portal by users, is in violation of these Terms and to exercise any or all of the remedies contained in these Terms
  5. CONTENT POSTED OR SUBMITTED TO FOODTIFY
    • 5.1 You agree to grant to FOODTIFY a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Portal (such as message boards, forums, member profiles, yellow pages, job folders or other features that allow users to post information that will be accessible by the public or the user population generally) by all means and in any media now known or hereafter developed. You also grant to FOODTIFY the right (though you acknowledge and agree that FOODTIFY shall not be so obliged) to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against FOODTIFY for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
    • 5.2 Except for any information which we have expressly agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the Portal, via email or howsoever otherwise whether in human or machine readable form, will be treated as being non-confidential and non-proprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you submit on the Portal for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
  6. POSTINGS BY THIRD PARTIES AND HYPERLINKS TO THIRD PARTY WEBSITES
    • 6.1 This Site may contains hyperlinks to other websites which are neither maintained nor controlled by FOODTIFY, or may contain content posted on or via the Portal by third parties. Therefore, FOODTIFY shall not be responsible for any errors or omissions in any content in the Portal, or the content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked web site, nor for the privacy and security practices employed by these other websites, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any content, whether in human or machine readable form, posted or contained in e-mails or howsoever otherwise transmitted or displayed via the Portal, or arising from access to those websites. Use of the Portal and any hyperlinks and access to such hyperlinked websites are entirely at your own risk.
    • 6.2 You acknowledge that FOODTIFY has no control over and excludes all liability for any material on the Internet which can be accessed by using the Portal. Neither can we be deemed to have endorsed the content.
    • 6.3 Insofar as third party material, including without limitation news or other content feeds by third party content providers to the Portal (“Third Party Material”) is published on or accessed through the Portal, such Third Party Material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Third Party Material may not be stored in whole or in part in a computer or otherwise except for personal and non-commercial use.
    • 6.4 Neither the owner, publisher and/or broadcaster of such Third Party Material nor FOODTIFY will be held liable for any delays, inaccuracies, errors or omissions in the Third Party Material or in transmission or delivery of all or any part thereof or for any damages whatsoever. If any Third Party Material or part thereof is a newswire service providing newsfeeds to the Portal, releases from subjects, individuals, groups or entities contained in its photographs, videos, graphics or textuals quotations may not have been obtained.
  7. HYPERLINKS FROM THIRD PARTY WEBSITES
    • 7.1 You agree that caching, hyperlinking to, and framing of the Portal or any of its content are strictly prohibited.
    • 7.2 FOODTIFY reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
  8. INTELLECTUAL PROPERTY RIGHTS
    • 8.1 Content (including, but not limited to, information, communications, software, images and sounds contained on or available through the Portal) is provided by FOODTIFY, its content providers, third party licensors, which include end-users. The intellectual property rights to or over the content contained in the Portal belong to FOODTIFY, its content providers and third parties licensors, which include end-users. Insofar as said rights vest in FOODTIFY, all rights are reserved. The content of the Portal cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of FOODTIFY. You agree that the material and content contained within or provided by the Portal is for your own personal use only and may not be used for commercial purposes or distributed commercially.
    • 8.2 Your access to or use of the Portal should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Portal without FOODTIFY’s or the relevant third party’s prior written consent, as the case may be. You may not, without FOODTIFY’s or other relevant third party’s prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the Portal or any other website.
    • 8.3 You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Portal or create derivative works based on the Portal. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Portal to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Portal’s underlying technology.
  9. DISCLAIMER OF WARRANTIES
    • 9.1 You expressly understand and agree that:
      • – You assume total responsibility and risk for your use of the Portal and the Internet. FOODTIFY does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Portal, any merchandise, information or service provided through the Portal or on the Internet generally, and FOODTIFY shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Portal and any software made available on the Portal are provided on an “as is, as available” basis.
      • – FOODTIFY makes no warranty that (i) the Portal will meet your requirements or will always be accessible, (ii) the Portal will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code, (iii) the results that may be obtained from the use of the Portal will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Portal will meet your expectations, and (v) any errors in the Portal will be corrected.
      • – Any content downloaded, uploaded or otherwise obtained through the use of the Portal is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Portal or on the Internet generally.
    • 9.2 From time to time as we deem appropriate, we may award your account with points, levels or badges (“Points”) for certain actions that you perform on the Portal. You acknowledge that such Points do not constitute your property and are not transferable by operation of law or otherwise to any person or entity and cannot be transferred to any other account. We reserve the right to change, limit, modify or cancel the system for awarding Points (the “Point System”) and increase, reduce or terminate the number of Points in your account at our sole discretion and without notice to you.
    • 9.3 Points awarded may be applied towards the redemption of rewards from us or our partners (“Rewards”). Rewards are provided on an “as is as available” basis and we do not warrant the availability or quality of any Rewards. The redemption of Points for Rewards may be subject to additional terms and conditions, you are required to read and accept such additional terms and conditions before you redeem your Points for Rewards. Where Points are redeemed for Rewards supplied by a third party partner, we may act as an intermediary between you and the third party. We will use reasonable endeavours to ensure such Rewards are supplied by the third party but shall not however be responsible for any failure or delay by a third party to supply such Rewards. We reserve the right to change, limit, modify or cancel any Rewards or the system for redemption of Rewards (the “Reward System”) at our sole discretion and without notice to you
    • 9.4 From time to time as we deem appropriate, we may allow access to or advertise certain third-party product or service providers (“Merchants”) from whom you may purchase certain goods or services. Transactions for these goods and services may or may not be concluded on the Portal. You understand that we do not operate or control the products or services offered by these Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants and will not be held responsible for any rights and obligations between you and the Merchants.
  10. INDEMNITY
    • 10.1 You agree to indemnify, defend and hold harmless FOODTIFY, its directors, officers, employees, suppliers, licensors, agents, and any third party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, occasioned by or howsoever arising out of your use of the Portal, your access or connection to the Portal, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with FOODTIFY or your use of the Portal. FOODTIFY reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with FOODTIFY in asserting any available defenses.
  11. LIMITATION OF LIABILITY
    • 11.1 FOODTIFY does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Portal or other content accessible from the Portal. In no event shall FOODTIFY be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Portal, delays, inaccuracies or errors in the information or in the transmission of the Portal, or any information or transactions provided on or over the Portal or downloaded or hyperlinked from the Portal, or performance of the content on the Portal, even if FOODTIFY has been advised of the possibility of such damages.
    • 11.2 If you are dissatisfied with any portion of the Portal, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Portal.
  12. GENERAL
    • 12.1 Your access to or use of the Portal, as well as these Terms shall be governed by, and construed in accordance with Malaysia laws and you agree to submit to the exclusive jurisdiction of the Malaysia courts.
    • 12.2 FOODTIFY’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
    • 12.3 If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
    • 12.4 These Terms are for the benefit of FOODTIFY and its directors, officers, employees, suppliers, licensors, agents, and any third party content providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.