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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 you agree to be bound by these Terms and Conditions.

1. Introduction

CURIOUS GROCER PLT (“CG”) (LGN-0004862-LGN) is a limited liability partnership company incorporated and existing under the laws of Malaysia, with a business address at Pusat Perdagangan D7, Unit 5-13A, Jalan Sentul, Sentul East, 51000 Kuala Lumpur, Malaysia, the owner and operator of http://www.curiousgrocer.co (“CuriousGrocer”). CG is engaged in the business of building, operating and managing an online marketplace that provides the listing of products on above mention website, an Internet domain property registered under CG’s name.

THE PARTIES HEREBY AGREE AS FOLLOWS:

 

2. Definitions

2.1 “Agreement” refers to this agreement [“Terms and conditions”], the Privacy Policy, any order form, and the payment instructions provided;

2.2 “Delivery” refers to goods and any form of delivery service, which are provided by CG and Third Party;

2.3 “Goods” means the consumer products which are on retail sale by the Retailer, including but not limited to groceries and daily needs for consumer use and / or consumption and which are made available through its Premises. Notwithstanding the above, CuriousGrocer shall have absolute discretion not to include any such identified Goods on the Platform at its sole and absolute discretion;

2.4 “Opening Hours” means any time and day during which a Premise is open to the general public;

2.5 “Platform” means www.curiousgrocer.co, an internet domain property registered under CG’s name and any mobile or web application providing access to the same;

2.6 “Privacy Policy” means the agreement as displayed on this site, governing how we collect and store data;

2.7 “Service” or “Services” refers to which we may supply and you may request from our Website or App;

2.8 “We”, “Us”, “Our”, “CURIOUSGROCER”, “CG”, all reference to the company;

2.9 “Website” refers to www.curiousgrocer.co or any subdomain thereof on which we offer our Goods and Services

2.10 “You”, “Your”, “Yours” refer to you, the person accessing this Website or App to order Goods and Services from the Website or App or any other way to order from CG;

 

3. Ordering

3.1 Any agreement to supply retail products through this website or app are between you and the Participating Retailer; for the Supply of Goods and Services from this Website any contract is between you and Curious Grocer. You agree to provide us with the correct required information and warrant that the provided information is correct and complete during time of order. 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 The Goods delivered are for your use and not for resale. You warrant that you are not acting as an agent for a third party.

3.3 You warrant that you are at least 18 Years of age when you order any Goods or Services through this website; you agree to present valid identification, if requested during delivery, to prove your age.

3.4 By law, purchasers of alcoholic beverages must be at least eighteen (18) years of age and non-Muslim. Furthermore, you may not purchase alcoholic beverages for anyone who is under the age of eighteen (18) or who is Muslim. We will require you to present valid identification every time you purchase alcohol. If you cannot present valid identification at time of delivery the merchandise will be returned by us, and you will be billed for it.

3.5 When ordering from this Website you may be required to provide an 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.

3.6 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. 

 

4. Prices and Payment

4.1 Any agreement to supply retail products through this website or app are between you and the Participating Retailer; for the Supply of Goods and Services from this Website any contract is between you and Curious Grocer. You agree to provide us with the correct required information and warrant that the provided information is correct and complete during time of order. 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.

4.2 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 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 Retailers, Goods or Services.

4.3 All prices for delivery by Curious Grocer or a third party provider assigned by Curious Grocer listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future.

4.4 The total price for 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 dispatched and Services provided. Payment has to be made by online payment (e.g. credit or debit card) or cash-on-delivery.

4.5 If you choose online payment, you must provide your payment details before the order 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.

4.6 You agree that for credit card payments we will authorize a sum that is approx.10% larger than your delivery value. As soon as your order is complete, we charge your card for exactly what was delivered. Your bank will update the final charge on your statement in 3 - 7 business days after delivery.

 

5. Delivery Policy

5.1 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.

5.2 The delivery periods selectable are 1-hour timeframes for the current and the following 6 calendar days. There is a limited amount of slots available in each delivery period, meaning that we cannot guarantee that you will be able to choose the delivery period you desire. Such inaccessibility of delivery periods will be indicated by the Website or the App.

5.3 Delivery will only be available during the Opening Hours of Participating Retailers.

5.4 Curious Grocer will employ third party providers to ensure delivery of Goods and Services in the timeframe selected in the Website or App. We will take great care to ensure that delivery is done in the timeframe selected in the Website or App; however, we will not be liable for any loss caused to you by late delivery. If the goods are not delivered in the timeframe agreed upon, or for any other inquiry regarding delivery, please contact the delivery driver, as indicated by the Website or App.

5.5 In case of late delivery, Curious Grocer, at our own discretion, may void the delivery charge.

5.6 All risk in the Goods shall pass to you upon delivery.

5.7 If you fail to accept delivery of the Goods delivered to you, during the time of delivery, or if we are unable to deliver at the nominated time due to your failure to provide sufficient and appropriate instructions, then such goods shall be deemed delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and any other cost or expense 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.

5.8 You must ensure that at the time of Delivery of 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.

5.9 Participating Retailers and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

5.10 Please note that it may be impossible to deliver to some locations. In this case we will inform you beforehand and cancel your order.

 

6. Rejection & Cancellation

6.1 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 within 14 days by crediting your credit card.

6.2 Once the order is placed, for technical reasons, you cannot cancel an order.

 

7 Refund policy

7.1 In the unlikely event that you receive products that are not deemed acceptable by you, you have the right to reject said item, providing a reason why the product is not acceptable. We will review your claim and return the cost of the item to you within 14 days by crediting your credit card.

7.2 If for any other reason you are not satisfied with the service we provide, you can rate the service through the Website or App. You can receive a refund of part of the cost of Service provided at our own discretion.

 

8. Information

8.1 Where we have requested information from you to ensure Delivery, you agree to provide accurate and complete information.

8.2 You authorize us to use, store or otherwise process your personal information in order to provide the Delivery, Goods or Services to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information can be found in our Privacy Policy.

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.

 

9. Linked Sites 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.

 

10. Complaints We take our customers’ complaints very seriously and aim at responding to your complaints as soon as possible. All complaints should be addressed to [email protected]

 

11. Limitation of Liability

11.1 We try very hard to ensure that the information on this Website or App is correct and error-free at all times. Despite our best efforts, we cannot warrant that the Website or App will always be error-free and that use of it will be fit for purpose, timely and that defects will be corrected, and that 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. We apologize for any inconvenience caused.

11.2 By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any Goods from Participating Retailers. 

11.3 We disclaim any and all liability to you for the supply of the 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.

11.4 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 or App.

11.5 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.

11.6 If we have contracted to provide identical or similar orders to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.

11.7 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 App or for any products or services purchased from us.

11.8 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.

11.9 In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Curious Grocer may cause the shopper (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, we reserve the right to seek compensation from any and all violators.

11.10 Offers are subject to our discretion and may be withdrawn at any time and without notice.

 

12. General

12.1 All prices are in Malaysian Ringgit (MYR); Applicable taxes are included where indicated.

12.2 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 change any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

12.3 We may alter or vary the Terms and Conditions at any time without notice to you.

12.4 You are not allowed to use or launch any automated system or program in connection with our Website or App or its online ordering functionality.

12.5 You may not collect or harvest any personally identifiable information from the Website or App, use communication systems provided by the Website or App for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website or App with respect to their submissions to the Website or App, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website or App.

12.6 The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website or App, these Terms and Conditions shall prevail.

12.7 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.

12.8 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.

12.9 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.

12.10 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. All dealings, correspondence and contacts between us shall be made or conducted in the English language.