Terms & Conditions
Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website, by any phone, or by any devices you agree to be bound by these Terms and Conditions.
Section 1: Introduction
- 1.1. We are BiteRider.my, a brand of http://www.biterider.my, unless otherwise stated.
Section 2: Definitions
- 2.3. "you", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by BiteRider.my;
- 2.4. "we", "us", "our", and "BiteRider.my" are references to the Company;
- 2.5. "Goods" is a reference to any goods which we may offer for sale from our Website from time to time;
- 2.6. "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website;
- 2.7. "Vendor" or "Vendors" or "Merchant" or "Merchants" or "Restaurant" or "Restaurants" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
- 2.8. "Food Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Vendors and for both of which our Vendors take full responsibility; and
- 2.9. "Website" is a reference to our Website http://www.biterider.my on which we offer our Goods or Services.
Section 3: Ordering
- 3.1. Any contract for the supply of Food Delivery from this Website is between you and the Restaurant; for the supply of Goods or Services from this Website any contact is between you and BiteRider.my. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
- 3.2. Food Delivery, Goods, and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
- 3.3. Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
- 3.4. When ordering from this Website you may be required to provide your personal information that included contact number, home or workplace address, e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
- 3.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
- 3.6. Any order that you place with us is subject to product availability, delivery capacity, and acceptance by us and the Restaurant. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Restaurant will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
- 3.7. If the ordered Food Delivery and delivery capacity are available, the Vendor will accept the contract and confirm it to BiteRider.my. If the details of the order are correct, the contract for the Food Delivery, Goods, or Services will be confirmed by text message (the "SMS") or notification at your account from this Website.
- 3.8. In the case that Goods offered by BiteRider.my were ordered, BiteRider.my will confirm availability together with or separately from Food Delivery.
- 3.9. The confirmation message will specify delivery details including the approximate delivery time specified by the Restaurants and confirm the price of the Food Delivery, Goods, and Services ordered.
- 3.10. If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (the "SMS") or phone call.
Section 4: Delivery and Pick-Up
- 4.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
- 4.2. In the case delivery is done by BiteRider.my or a third party delivery partner assigned by BiteRider.my, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by BiteRider.my in either case.
- 4.3. All orders are delivered by a reputable courier. We and the Vendor will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
- 4.4. In case of a late delivery, the delivery charge will neither be voided nor refunded by BiteRider.my.
- 4.5. All risk in the Goods and the Food Delivery shall pass to you upon delivery.
- 4.6. If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance, and other costs that we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
- 4.7. You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost, or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
- 4.8. Vendor and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
- 4.9. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;
- 4.10. BiteRider shall deliver your Order to the delivery address provided by You. You may choose for your Order to be delivered as soon as possibe "Order Now" or scheduled for a specific time "Schedule Later". An estimated delivery time will be provided to you in app notification but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on "Orders" on the account profile;
- 4.11. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.
- 4.12. If you remain uncontactable or fail to receive the Order within fifteen ("15") minutes from the time the Order arrives at your delivery address or door, BiteRider reserves the right to cancel the Order without refund or remedy to you;
- 4.13. You will still be charged ("Paid via Online") for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to);
- 4.14. You do not come to the door, did not pick up the phone when the rider contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the rider is unable to find a safe location to leave the food; or
- 4.15. BiteRider reserves the right to cancel the Order without refund or remedy to you.
- 4.16. Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support immediately. In some cases, BiteRider may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
- 4.17. You will have the option of collecting your Order in-person directly from the Vendor’s premises ("Pick-Up") instead of having the Order delivered to You. The Vendor will prepare the Order by the Collection Time select by you. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty ("20") minutes from the Collection Time. Vendor shall not be obliged to provide the Order to you if you fail to Pick-Up your Order on time.
- 4.18. In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Vendor’s premises.
Section 5: Cancellation
- 5.1. You must notify us immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee applies. If the restaurant refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be canceled. We will not be able to refund any order, which has been already dispatched.
- 5.2. We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;
- 5.3. If the cancellation was made in time and once the restaurant has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 3 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
- 5.4. In the unlikely event that the Vendor delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Vendor can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Vendor.
Section 6: Prices and Payment
- 6.1. Any contract for the supply of Food Delivery from this Website is between you and the Restaurants; for the supply of Goods or Services from this Website any contact is between you and BiteRider.my. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
- 6.2. All prices listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales & service tax and delivery charges. We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing restaurants, Goods, or Services.
- 6.3. All prices listed on the Website for Food Delivery by the Vendor or a delivery partner listed on the Website reflect the price of the Restaurant or the third party provider charges at the time of listing. We give great care to keep them up to date. In case the price listed is not current and the restaurant informs us immediately after placing the order, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
- 6.4. All prices listed on the Website for Goods and Services by BiteRider.my reflect the price at the time of listing. We give great care to keep them up to date. In the case the price listed is not current, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
- 6.5. All prices for delivery by BiteRider.my or a third-party provider assigned by BiteRider.my listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future
- 6.6. The total price for Food Delivery, Goods, or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods despatched and Services provided. Payment has to be made in cash or, if available on the website, by online payment, e.g. credit or debit card.
- 6.7. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
- 6.8. Payment Method: You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:
- a. Cash-on-Delivery; or
- b. our payment gateway provider: PayPal, BillPlz; or
- c. BiteRider.my wallet credits; or
- d. such other payment method we offer from time to time.
- 6.9. BiteRider.my Wallet Payment Method: Payment for BiteRider.my wallet must be made by a credit or debit card or FPX netbanking on your profile through our Service ("Payment Method").
- 6.10. You must ensure that you have sufficient funds on your credit and debit card or PayPal account or bank account or BiteRider.my wallet to fulfil payment of an Order. Insofar as required, BiteRider.my takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
- 6.11. BiteRider.my Gift Card Payment Method: Payment for BiteRider.my gift card must be made by a credit or debit card or FPX netbanking on your profile through our Service ("Payment Method").
- 6.12. All prices on the Platform shall be displayed in the applicable national currency and subject to applicable tax. All price details and additional charges will be displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final (the "Total") amount which is displayed to you on the Checkout page.
- 6.13. Delivery fees are chargeable on every Order unless:
- a. you choose or decide or select to self-collect your Order directly from the Vendor ("Pick-Up"); or
- b. you have a valid promotional or use a valid promotinal code or discount voucher and apply it at Checkout; or
- c. promotional ("Free Delivery") or discount campaign offered by us or vendor; or
- d. unless stated otherwise.
- 6.14. After an Order is successfully placed, you will receive a notification in app from us with your Order receipt. Delivery fees will not appear in your Order receipt if you choose or decide or select to self-collect your Order directly from the Vendor ("Pick-Up").
Section 7: Coupons, Discounts and Promotions
- 7.1. BiteRider.my may run marketing and promotional campaigns which offer coupon codes, discounts, and other promotional offers to be used on the Platforms ("Coupons"). Coupons are subject to validity periods, redemption periods, redemption limits and in certain cases, may only be used once.
- 7.2. Coupons may not be valid when used in conjunction with other promotions, discounts or other coupons. Additional terms and conditions may apply to Coupons.
- 7.3. All Coupons can only be used or claimed on our Platforms.
- 7.4. Coupons cannot be exchanged for cash or BiteRider.my wallet credis.
- 7.5. BiteRider reserves the right to void, discontinue or reject the use of any Coupon without prior notice Individual restaurants terms & conditions apply.
- 7.6. We may exclude certain Vendors from the use of Coupons at any time without prior notice to you.
Section 8: Information
- 8.1. Where we have requested information from you to provide Food Delivery, Goods, or Services you agree to provide us with accurate and complete information.
- 8.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
Section 9: Linked Sites
- 9.1. There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
Section 10: Limitation of Liability
- 10.1. Great care has been taken to ensure that the information available on this Website is correct and error-free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error-free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
- 10.3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods, and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage, or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
- 10.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses, or other contamination or destructive properties transmitted to you or your computer system via our Website.
- 10.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
- 10.6. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
- 10.7. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
- 10.8. In the event BiteRider.my has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, BiteRider.my may cause the user (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, BiteRider.my reserves the right to seek compensation from any and all violators.
- 10.9. Offers are subject to BiteRider.my's discretion and may be withdrawn at any time and without notice.
Section 11: General
- 11.1. All prices are in Ringgit Malaysia.
- 11.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
- 11.3. We may alter or vary the Terms and Conditions at any time without notice to you.
- 11.4. Payment must be made either at the time of ordering the Food Delivery, Goods, or Services from us by credit card or online transfer or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
- 11.5. Do not use or launch any automated system or program in connection with our website or its online ordering functionality;
- 11.6. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
- 11.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
- 11.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia.
- 11.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
- 11.11. These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysia Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysia Courts.
Section 12: Complaints
- 12.1. We take complaints very seriously and aim to respond to your complaints within 3 business days. All complaints should be addressed to email@example.com
Last Edited on 2020-06-18