Terms & Conditions

The Agreement

These Terms of Use (including all other terms, policies and forms referenced herein or otherwise available on the Platform) (“Terms”) govern your use of the website and mobile applications provided by Appify Innovations Sdn Bhd (or referred to as “MyFood”, “we” or “us”) (collectively the “Platform”). The "Services" we provide or make available include (a) the Platform, and (b) the services provided by the Platform and/or by MyFood and made available through the Platform. Any new features added to the Services are also subject to these Terms. These Terms govern your use of Services provided by MyFood.

  1. What we do 

Through our Platforms, MyFood links you to the restaurants (“Partners”) for you (our customers) to order a variety of goods including prepared meals, non-prepared food, and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods from our Partner (“Order”), MyFood acts as an agent on behalf of that Partner to facilitate, process and conclude the order and subsequently for either us or the Partner to deliver your Order to you. Partners may be owned and operated by third party Partners, our affiliate companies, or us.

  1. How to connect with us

For customer support, you may reach out to us via email or phone number. Present in the app.

 

  1. Use of the MyFood App and Accounts: 
    1. To utilize the Platform, you must first create a MyFood account. We will need your personal information, including a working email address, a mobile phone number, and a special password, when you sign up for a MyFood account. Depending on the payment option you choose, you might need to give us your credit card or debit card information to purchase an Order. You commit to never divulge your personal password to anybody and to always keep it a secret. Your password must be always kept secure. You agree that you are solely responsible for any Orders placed using your MyFood account, except for instances of fraud or abuse that are not your fault.
    2. MyFood is not responsible for unsuccessful deliveries due to inaccurate or incomplete information provided by you. Please ensure that you supply accurate, comprehensive, and timely information, including your contact details and delivery address, to ensure proper processing of your order.
    3. If you wish to delete your MyFood account, please send us an email requesting the same. You may also delete your account on the app itself. We also reserve the right to restrict, suspend, terminate your MyFood account and/or use of the Platforms, if we reasonably believe that:
      1. Someone that is not you is using the MyFood account; or
      2. When you are suspected or discovered to have been involved in any kind of activity that goes against our Terms and services. 

Placing Your Order

To place your order, you must first download our app and input your personal details. You can then view our list of restaurants and place your order by browsing through the restaurant’s menu. Your order will be processed once you have submitted your order (By clicking “Confirm Order”). Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
Your chosen restaurant will receive the full details and, in the event that there are no additional changes from both parties (you as the customer and our partner restaurants), a confirmation message will be sent to you once your order has been dispatched.

Delivery:

Delivery Area: 

You understand that our Partners offer their Goods in specific delivery areas and our Partners vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Partners that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.

Delivery Time: 

MyFood shall deliver your order to the delivery address provided by you. You may choose for your order to be delivered by selecting your address in the checkout menu. An estimated delivery time will be provided to you on the app, but delivery times shall vary depending on a variety of factors that are not controlled by us. You can view the remaining delivery time of an order when you click on running under my orders. 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. 

Unsuccessful Deliveries: 

In cases where we attempt to deliver an Order, but we are unable to do so due to the reasons caused by you, including but not limited to:

(i) no one was present or available to receive the Order; or

(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or

(iii) lack of appropriate or sufficient access to deliver the Order successfully.

(iv) lack of a suitable or secure location to leave the Order; or

In such cases, MyFood reserves the right to cancel the Order without refund or remedy to you.

Wrong Order, Missing Items, Defective Goods:

Upon receipt of your order, if you discover that there are issues with your order, please contact us. 

Take Away: 

Where available, you will have the option of collecting your order in person directly from the restaurant’s premises. The restaurant agrees to hold the order for you at the Partner’s premises for no more than a reasonable period of twenty (20) minutes. In the event of unreasonable delays in Take-Away 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. In such cases, you shall not be entitled to a replacement, refund, or replacement of the Goods. Where Partner Delivery applies, we may ask you to contact the Partner directly in the event of issues or delays in your delivery. MyFood shall not be responsible in any way for Orders or Goods that are delivered by Partner.

Partner Delivery: 

In some cases, our partner will deliver the order to you. Where Partner Delivery applies, we may ask you to contact the Partner directly in the event of issues or delays in your delivery. MyFood shall not be responsible in any way for Orders or Goods that are delivered by our Partner.  

Your Responsibilities

By providing us with your personal details both on our website and the app, you are considered a “member,” “user,” or “customer” of MyFood. While we will do everything possible to ensure that your use of our services is as smooth as possible, you are also responsible for the following:

• It is your responsibility to read, comprehend, and agree to the terms of this agreement.

• It is your responsibility to make sure and keep your personal information accurate, including your contact information and delivery address.

• It is your responsibility to make sure the meals you order from the restaurant adhere to your own standards, such as your dietary requirements and/or religious observances.

• All reviews, comments, and other submissions you make about our app and our partner restaurants are your responsibility.

• You oversee making sure you abide by any laws that are relevant to any payments you make using our app.

Placing Orders and Payment

Prices quoted on the Platform shall be displayed in MYR subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Partners (either on their own websites, mobile applications, or at their brick-and-mortar outlets).

The way we display the prices of our Goods may vary depending on the Partner, and the prices reflected on our Platforms may:

  • include SST, VAT, or such other equivalent tax; or
  • exclude SST, VAT, or such other equivalent tax.
  • Delivery fees are chargeable on every Order unless:
  • you opt to collect your Order directly from the Partner (“Take away”).
  • you have a valid promotional or discount voucher and apply it at Checkout; or

unless stated otherwise.

Prices and additional charges (including but not limited to Delivery, Small Order or Service fees) indicated on the Platforms are as at the time of each Order and may be subject to change.

A breakdown of the prices and additional charges (including but not limited to Delivery, Small Order or Service fees) are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.

You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:

Cash-on-Delivery; or

Such other payment method we offer from time to time.

If you have existing credit in your MyFood account or valid promotional or discount vouchers, you can use this pay for part or all your Order as the case may be.

After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pick-Up.

Payment Methods

MyFood reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future orders. 

To accomplish payment of an Order, you must make sure your credit and debit cards have enough money on them. MyFood accepts responsibility for payments made through our Platforms, including chargebacks, refunds, cancellations, and dispute resolution, as necessary and in line with these Terms.

Order Cancelling and Refund Policy

The Partner has the right to cancel an order based on multiple reasons such as but not limited to, extra demand, availability of stock, etc. 

(i) Online Payment Orders

Only if a Partner has not yet accepted your Order do you have the right to a reimbursement for a cancelled Order. If you still choose to change your mind after the Partner has accepted your Order, you acknowledge that no reimbursements (whether in whole or in part) will be given to you and that you will not receive the cancelled Order's delivery. 

(ii) Cash-on-Delivery Orders

You have the right to cancel your Order only if a Partner has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Partner, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.

We may require you to provide additional information or supporting documents prior to processing any refund, including picture proof of physical receipts for Take away Orders. We may, in our sole discretion, refuse to process any refund if you fail to provide such additional information or supporting documents.

If you have not received a refund, you may wish to check your bank account again or contact your credit card company or bank as it may take some time for your refund to be posted. If you have done all of this and you still have not received your refund, please contact customer support. 

MyFood reserves the right to cancel any Order and/or suspend, deactivate, or terminate your MyFood account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your MyFood account and/or with your Order.

Governing Law and Competent

This Agreement is governed by and interpreted according to the laws of the country of Malaysia, where MyFood is incorporated. Disputes concerning this Agreement (including non-contractual disputes) are subject to the exclusive jurisdiction of the courts of Malaysia.

Enforcement

If any part of this Agreement is deemed unlawful, void, or unenforceable, then it will be excused from this Agreement. However, this will not affect the validity and enforceability of the remaining parts of this Agreement. If we waive a certain part of this Agreement, it must not be interpreted as a waiver of any preceding or succeeding breach of this Agreement.

Intellectual Property 

Whether registered or unregistered, any trademarks, logos, images, and service marks, as well as these Terms as they appear on the Platforms or in our marketing materials, are the exclusive property of MyFood and/or other parties who have granted us permission to use them (collectively, the "Trademarks"). Without our prior explicit written approval, you are not permitted to use, copy, reproduce, republish, upload, post, transmit, distribute, or alter our Trademarks in any manner. My Food’s trademarks may not be used on any other website without our prior written consent. MyFood will vigorously uphold all its legal intellectual property rights, which may include via criminal action. MyFood makes no warranties or representations regarding the non-infringement of third-party rights by content you use that are posted on the Platforms that are not owned by or related with it MyFood. Use of any materials on the Platforms is at your own risk.

Personal Data

You agree and consent to MyFood and any of its affiliate companies collecting, using, processing, and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms and shall form a part of these Terms.

Limitation of Liability & Indemnity

We provide the MyFood website and its content on an “as-is” and “as available” basis. , we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.


 


If the use or inability to use this website results in any direct, indirect, special, or consequential losses or damages, neither MyFood nor our directors, officers, agents, employees, or contractors shall be liable.

Partner’s representations

MyFood shall neither be liable for actions or omissions of the Partner nor you regarding provision of the Goods and where Partner Delivery applies to your Order. MyFood does not assume any liability for the quantity, quality, condition, or other representations of the Goods and/or services provided by Partners or guarantee the accuracy or completeness of the information (including menu information, photos, and images of the Goods) displayed on the Partner’s listing/offering on the Platform. Nothing in these Terms shall exclude Partner’s liability for death or personal injury arising from Partner’s gross negligence or willful misconduct.

Partner’s Liability 

Partners are responsible for the preparation, condition, and quality of Goods. In cases of Partner Delivery, Partners are responsible for delivery of the Goods and/or Orders. MyFood shall not be liable for any loss or damage arising from your contractual relationship with the Partner.

Indemnity
You agree to indemnify and hold MyFood harmless from any claim, demand, or damage and/or costs (including but not limited to, legal fees), whether they be direct, indirect, or consequential. This indemnity applies to all MyFood parents, subsidiaries, affiliates, agents, offices, directors, or employees. 

Disclaimer

By contributing to any part of our website, you automatically grant us an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, display, modify, translate, excerpt and distribute your contribution for any purpose, commercial or otherwise.
We have the right, at our sole and absolute discretion, to edit, redact, recategorize, screen or delete any contributions that are deemed inappropriate or in violation of this Agreement.

Privacy Policy: 

Your Personal Data

During your use of our app and the services that it offers, we will need to collect and store your personal data. This may include some or all the following:

  1. Name
  2. Phone number(s)
  3. Delivery address and/or residence address (if different)
  4. GPS location
  5. Order history and preferred types of food
  6. Bank and/or credit card details
  7. Feedback and reviews

Accuracy and Accessing Your Data

Any personal information you give us must be true and accurate, and this is your responsibility. You will always have the choice of updating, amending, or deleting your personal information. You can opt to subscribe to or unsubscribe from our newsletter email list based on your preferences. Upon your request or following a fair amount of inactivity, we reserve the right to erase or destroy your personal information from our system.

Additional Data Collected

To understand our markets’ behavior and enhance the overall user experience, we may also need to collect the following data from you:

  1. Phone model
  2. Operating software and version
  3. Duration of app use, time usually accessed.
  4. App sections most visited, features most used.

Why We Collect and Store Your Personal Data

By providing us with your personal data, you are allowing us to:

  • Process your food delivery orders through third party service providers. Specifically, these are our partner restaurants listed in the app that you have personally selected to place your order for food delivery.
  • Communicate with you through the phone number, social media account, email address, or residential address that you have provided. We may contact you in order to:
    • Respond to a specific concern or inquiry that you have brought to our attention.
    • Clarify an information related to your food order or delivery address.
    • Share the latest news and updates from MyFood including promotions and discounts.
    • Inform you of changes within the app, its features, terms and conditions, and privacy policy.
    • Invite you to answer a survey to further improve our service or participate in other marketing activities.
  • Maintain your records in our database for future processing of food delivery orders. This will also help us make new food or restaurant suggestions based on the food that you like or your location.

Where We Will Share Your Data

At MyFood, we commit to keeping your personal data strictly confidential. We will only share or disclose your data to our partner restaurants and food chains listed in the MyFood app where you choose to order from. All our partner restaurants are as equally committed in respecting your privacy. Upon signing up to partner with our service, they agree to use your personal data only for the purposes stated in this privacy policy. However, MyFood will not take responsibility for any actions committed by our partner restaurants, its staff, representatives, and affiliates. Please note also that we are legally bound to disclose your personal data in the unlikely event that representatives from government agencies, industry regulators and/or statutory authorities lawfully require us to. Rest assured; your data will never be sold to anyone. And it will not be shared, transferred, or disclosed to third parties beyond those mentioned in here.

Deletion of Personal Data

You can communicate with us using E-mail: [email protected] or directly on MyFood website to request your data to be deleted. The deletion of data will include all your private information that you provided in addition to all your interactions you did with MyFood Application.

Other Languages

This privacy policy is primarily issued in English. In case of any translation inconsistencies, the English version shall prevail.

Other Links

MyFood is not responsible for the privacy policy of other websites and apps that we are linked to and who are linked to us. We recommend that you review their individual privacy policies accordingly.

Updating the Policy

MyFood reserves the right to modify or update this privacy policy without prior notice.

Contacting Us

For any questions, concerns, or clarifications about this policy, please use the contact form in our website or send us an email at [email protected].