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1. Your Agreement
1.1 This website (“Website”) means www.meishifood.com.my website is operated by Meishi Sdn Bhd, a company incorporated in Malaysia. Please read these terms and conditions (“Terms of Use”) carefully before using this Website and the products offered by Meishi Sdn Bhd or its affiliated companies (together, “Meishifood”) through this Website (the “Products”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Website and (2) persons for whom you make a purchase of the Products.
2. Change of Terms of Use
2.1 Meishifood’s Modifications
2.1.1 Meishifood reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Meishifood changes or modifies this Terms of Use, Meishifood will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised.
2.1.2 Your continued use of this Website after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access this Website and/or the Products. It is your responsibility to regularly check this Website to ascertain if there are any changes to this Terms of Use and to review such changes.
2.1.3 In addition, when buying the Products, you shall be subject to any additional terms applicable to such Products that may be posted on the page relating to such Products from time to time and the privacy policy adopted by Meishifood from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use.
3. Access and Use of the Services
3.1 Ownership of Content
3.1.1 This Website, the domain name (www.meishifood.com.my), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Meishifood in connection therewith are owned and operated by Meishifood.
3.2 Provision and Accessibility of Services
3.2.1 Subject to this Terms of Use, Meishifood offer to provide the Products by itself, as described in further detail on this Website. The Products that have been selected by you on this Website are solely for your own use, and not for the use or benefit of any third party. The term “Services” includes but is not limited to the use of this Website and any services, information and functions made available by Meishifood at the Website. Meishifood may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. Meishifood may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.
3.2.2 Meishifood does not guarantee that the Services will always be available or uninterrupted. Meishifood will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.
3.2.3 If you link to this Website, Meishifood may revoke your rights to so link at any time, at Meishifood’s sole discretion. Meishifood reserves the right to require prior written consent before linking to this Website.
4. Website and Content
4.1 Use of the Content
4.1.1 All materials displayed or performed on this Website including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Website and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use.
4.1.2 If Meishifood agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. Meishifood may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
4.2 Meishifood’s Liability for the Website and Content
4.2.1 Meishifood cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website. Meishifood cannot guarantee the authenticity and accuracy of any content, materials or information which other users may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
4.2.2 Under no circumstances will Meishifood be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
5. Intellectual Property Rights
5.1 Intellectual Property
5.1.1 All intellectual property rights subsisting in respect of this Website belong to Meishifood or have been licensed to Meishifood for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from Meishifood or from the copyright holder identified in such Contents copyright notice.
6. User Submissions
6.1 Uploading of Information
6.1.1 In the course of accessing this Website or using the Services, you may provide information which may be used by Meishifood in connection with the Services and which may be visible to other users of this Website. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Meishifood in connection with the Services (“User Submissions”): (a) You hereby grant to Meishifood a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating this Website and Meishifood’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorise Meishifood to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of this Website a non-exclusive license to access your User Submissions through this Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of this Website and under this Terms of Use; (d) You acknowledge and agree that Meishifood retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Meishifood does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through this Website is the sole responsibility of you and that Meishifood will not be liable for any errors or omissions in any content.
7. Users Representations, Warranties and Undertakings
7.1 Use of this Website and the Services
7.1.1 You represent, warrant and undertake to Meishifood that you will not provide any User Submissions or otherwise use this Website or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without Meishifood’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Meishifood; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or programme.
7.2 Removal of User Submissions
7.2.1 Meishifood reserves the right to remove any User Submissions from this Website at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Meishifood is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
7.3 Responsibility for User Submissions
7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website.
7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on this Website. You represent, warrant and undertake to Meishifood that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorise Meishifood to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by this Website and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or Meishifood’s use of the User Submissions, or any portion thereof, on or through this Website and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
7.3.3 You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to Meishifood that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this Website and/or the Services; or (b) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website; or (c) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (d) Run maillist, listserv, or any other form of auto-responder, or “spam” on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Website’s infrastructure; or (e) Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of this Website; or (f) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
8. Registration and Security
8.1 Opening of the Meishifood Account
8.1.1 In the course of using the Services, you may be required to open and maintain an account with Meishifood (“Meishifood Account”).
8.2 Provision of Personal Information
8.2.1 As a condition to using some aspects of the Services, you may be required to register with Meishifood and select a password and user name (“Meishifood User ID”). If you are accessing the Services through a Third Party Website or service, Meishifood may require that your Meishifood User ID be the same as your user name for such Third Party Website or service.
8.2.2 You shall provide Meishifood with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Meishifood Account.
8.2.3 You represent that you shall not: (a) Select or use as a Meishifood User ID a name of another person with the intent to impersonate that person; or (b) Use as a Meishifood User ID a name subject to any rights of a person other than you without appropriate authorization.
8.2.4 Meishifood reserves the right to refuse registration of or to cancel a Meishifood Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
9. Reviews – Further correspondence – Rights to User Content
9.1. By requesting for a quotation or purchasing a product, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our review form which we will send to you after you receive the quotation or complete the purchase. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed review may be uploaded onto the relevant page on the Meishifood Website within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service level and quality of the service. Each account may only submit one review per transaction. Fraud and abuse will result in the termination of your Meishifood account.
9.2. By posting a review, you grant Meishifood the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Meishifood reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
9.3. You confirm you will comply with these User Review Guidelines. In addition, you represent and warrant that
9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the Website;
9.3.2. such content is accurate and not misleading; and
9.3.3. use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity.
9.4. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.
9.5. You further grant Meishifood the right to pursue at law any person or entity that violates your or Meishifood’s rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.
9.6. Content submitted by users will be considered non-confidential and Meishifood is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Meishifood reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Meishifood is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Meishifood. Meishifood shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties.
10. Terms and Conditions of Sale
10.1 In these Conditions:
“Buyer” means the person who purchases Products on the Website;
“Conditions” mean these Terms and Conditions of Sale;
“Contract” means the contract formed when Meishifood accepted the order placed by Buyer on the Website for the purchase of Products sold by Meishifood;
“Products” mean the Products made available for sale on the Website;
“Writing” includes electronic mail facsimile transmission and any comparable means of communication.
10.1.1 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
10.1.2 Any references to “Meishifood” in these Conditions refer to both Meishifood’s actions on its own behalf as Seller and/or as the operator of the Website in respect of each and every Contract.
10.1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
10.2 Basis of the Contract
10.2.1 The Website provides a place and opportunity for the sale of Products between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for particular Products listed for sale on the Website, be it Meishifood or a Third Party Vendor, may be stated on the Website listing such Products.
10.2.2 Where the Buyer has placed an order on the Website for the purchase of Products sold by Meishifood and Meishifood has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Meishifood.
10.2.3 Any information made available on the Website in connection with the supply of Products, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
10.2.4 While the Seller endeavours to provide an accurate description of the Products, Seller warrants that such description is accurate, current or free from error. In the event that the Products the Buyer receives are fundamentally different from the Products as described on the Website and which the Buyer has ordered, Clause 10.7 of these Conditions shall apply.
10.2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Meishifood in its website shall be subject to correction without any liability on the part of Meishifood.
10.3 Orders and Specifications
10.3.1 The Buyer may purchase Products by placing and completing the order form on the Website and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Website. Meishifood shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Meishifood shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
10.3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon Meishifood issuing a confirmation of dispatch of the Products to the Buyer. For the avoidance of doubt, Meishifood shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Meishifood shall furthermore be entitled to require the Buyer to furnish Meishifood with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
10.3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Meishifood and on terms that the Buyer shall indemnify Meishifood in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Meishifood as a result of the modification or cancellation, as the case may be.
10.4 Price
10.4.1 The price of the Products shall be the price stated on the Website at the time which the Buyer places and completes the order form on the Website. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Meishifood in addition to the price, but it excludes the delivery charges.
10.4.2 In the event that Products have been mispriced on the Website, the Seller reserves the right to terminate the Contract, in which Meishifood shall notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Products have been dispatched or are in transit or that payment has been charged to Buyer.
10.5 Terms of Payment
10.5.1 The Buyer shall be entitled to make payment for the Products using the various payment methods made available on the Website. When Buyer places an order on the Website, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Meishifood, either accepting payment in its own right.
10.5.2 The terms and conditions applicable to each type of payment, as prescribed by Meishifood on the Website, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
10.5.2.1 Credit Card
Credit card payment option is available for all Buyers. Meishifood accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers is protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
10.5.2.2 Debit Cards
Meishifood accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
10.5.2.3 Online Banking
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Products purchased by Buyer to a Meishifood account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Meishifood, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
10.5.3 Buyer may not claim against Seller for any failure, disruption or error in connection with the Buyer’s chosen payment method. Meishifood reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
10.5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:
10.5.4.1 cancel the Contract or suspend deliveries of the Products until payment is made in full; and/or
10.5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
10.5.5 All refunds shall be made via the Meishifood virtual payment account (“Meishifood Payment Account”). Meishifood offers no guarantee of any nature for the timeliness of the refunds reaching the Meishifood Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Meishifood. All refunds are conditional upon Meishifood’s acceptance of a valid return of the Products. Meishifood reserve the right to modify the mechanism of processing refunds at any time without notice.
10.5.6 All payments for the purchased Products must be made to Meishifood using the payment methods made available on the Website only.
10.6 Delivery/Performance
10.6.1 Delivery of the Products shall be made to the address specified by the Buyer in its order.
10.6.2 Meishifood has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Products to any other party as it may from time to time decide without giving notice of the same to the Buyer.
10.6.3 Any dates quoted for delivery of the Products are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Meishifood shall not be liable for any delay in delivery or performance howsoever caused.
10.6.4 If Seller has failed to deliver the Products in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Meishifood, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Meishifood fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Products.
10.6.4.1 Where the Products have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 10.6.4 above, Buyer shall immediately notify Meishifood of the delivery. The property in the Products shall not pass to the Buyer and Buyer shall hold the Products as Meishifood’s fiduciary agent and bailee and shall keep the Products separate from those of the Buyer. Meishifood shall be entitled at any time to demand the Buyer to deliver up the Products to Meishifood and in the event of non-compliance Meishifood reserves its right to take legal action against the Buyer for the delivery of the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
10.6.5 If the Buyer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Meishifood, Meishifood may:
10.6.5.1 sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
10.6.5.2 terminate the Contract and claim damages.
10.7 Return, Refund and Replacement of Products
10.7.1 All Products sold on the Website is covered under the Meishifood 7 Days Easy Returns (“Return Policy”). Buyer may initiate the returns process by communicating with Meishifood through the Website.
10.7.2 Buyer may, by completing the Online Return Form, apply to return the purchased Products to Meishifood or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Products are returned to Meishifood within 7 calendar days from the delivery date. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Products to the post stamp date on the return parcel. In case of damaged Products, please contact Meishifood within 24 hours of receiving the delivery to expedite the claim process.
10.7.3 Buyer may only apply for return of the purchased Products in the following circumstances:
10.7.3.1 the Products delivered to Buyer is defective and/or damaged on delivery;
10.7.3.2 the Products delivered to Buyer is materially different from the description provided in the listing of the Products;
10.7.3.3 the Products delivered to Buyer does not match the agreed specification (e.g. wrong product etc.) stipulated in the order; and
10.7.3.4 such other circumstances which may be prescribed by Meishifood on the Website.
10.7.4 Notwithstanding Clause 10.7.3 above, Buyer is to ensure that product is not opened, as otherwise it will not be accepted for return.
10.7.5 Notwithstanding Clause 7.3 above, return or cancellations of any perishable Products are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.
10.7.6 The application for return of purchased Products may also be subject to additional terms and conditions prescribed by Meishifood on the Website. Please contact cx@meishifood.com.my for further details.
10.7.7 If you have any questions or complaints with regards to returns, you may contact Meishifood using the “Contact Us” page on the Website, as applicable
10.8 Risk and property of the Products
10.8.1 Risk of damage to or loss of the Products shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Products, the time when Meishifood has tendered delivery of the Products.
10.8.2 Notwithstanding delivery and the passing of risk in the Products or any other provision of these Conditions, the property in the Products shall not pass to the Buyer until Meishifood has received in cash or cleared funds payment in full of the price of the Products and all other Products agreed to be sold by Meishifood to the Buyer for which payment is then due.
10.8.3 Until such time as the property in the Products passes to the Buyer, the Buyer shall hold the Products as Meishifood’s fiduciary agent and bailee and shall keep the Products separate from those of the Buyer.
10.8.4 The Buyer agrees with Meishifood that the Buyer shall immediately notify Meishifood of any matter from time to time affecting Meishifood’s title to the Products and the Buyer shall provide Meishifood with any information relating to the Products as Meishifood may require from time to time.
10.8.5 Until such time as the property in the Products passes to the Buyer (and provided the Products are still in existence and have not been resold), Meishifood shall be entitled at any time to demand the Buyer to deliver up the Products to Meishifood and in the event of non-compliance Meishifood reserves its right to take legal action against the Buyer for the delivery of the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
10.8.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of Meishifood but if the Buyer does so all moneys owing by the Buyer to Meishifood shall (without prejudice to any other right or remedy of Meishifood) forthwith become due and payable.
10.8.7 If the provisions in this Clause 10.8 of these Conditions are not effective according to the law of the country in which the Products are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
10.8.8 The Buyer shall indemnify Meishifood against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Meishifood’s rights under this condition.
10.9 Termination
10.9.1 Buyer may terminate the Contract before Meishifood dispatches the Products, by written notice to Meishifood through our Contact Us page at https://www.meishifood.com.my/contact/. If the Products have already been dispatched, Buyer may not terminate the Contract but may only return the Products in accordance with Clause 10.7 of these Conditions.
10.9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Meishifood may stop any Products in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
10.9.2.1 the Products under the Contract being unavailable for any reason; and/or
10.9.2.2 the Products under the Contract has been mispriced on the Website.
10.10 Warranties and Remedies
10.10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
10.10.2 Subject to this Clause 10.10 of these Conditions, Meishifood warrants that the Products will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Products are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Products Act and the Consumer Protection Act), Meishifood further gives to the Buyer such implied warranties as cannot be excluded by law.
10.10.3 Meishifood’s above warranty concerning the Products is given subject to the following conditions:
10.10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Meishifood.
10.10.3.2 Any description given of the Products is given by way of identification only and the use of such description shall not constitute a sale by description.
10.10.3.3 Meishifood binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Meishifood’s opinion in that behalf. Meishifood does not give any warranty as to the quality state condition or fitness of the Products.
10.10.3.4 Meishifood shall be under no liability for the following measures and actions taken by the Buyer and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of Meishifood, addition and insertion of parts, in particular of spare parts which do not come from Meishifood.
10.10.3.5 Meishifood shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Meishifood’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without Meishifood’s approval.
10.10.3.6 Meishifood is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Meishifood’s prior written approval and the Buyer shall indemnify Meishifood against each loss liability and cost arising out of such claims.
10.10.3.7 Meishifood shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment.
10.10.3.8 Meishifood shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the Warranty Period.
10.10.4 Where there is any defect in the quality or condition of the Products or where the Products fail to correspond with specification, Buyer may apply to return the defective and/or damaged Products to Meishifood in exchange for a replacement or a refund in accordance with Meishifood’s Return Policy and Clause 10.7 of these Conditions above.
10.10.5 As an alternative to returning faulty or damaged Products in exchange for refund or replacement under Clause 10.7 of these Conditions above, a Buyer may request for a repair of such Products. Meishifood however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Meishifood’s acceptance of the same and the non-conforming Products (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 10.7 of these Conditions above once Meishifood has accepted such request.
10.10.6 Where the Products have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Products. In lieu of repair, Meishifood may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.
10.10.7 When Meishifood has provided replacement Products or given the Buyer a refund, the non-conforming Products or parts thereof shall become property of Meishifood.
10.11 Liability
10.11.1 In no event shall Meishifood be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Meishifood had been advised by the Buyer of the possibility of incurring the same.
10.11.2 The remedies set out in Clause 10.10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Products and Meishifood’s liability for the same shall be limited in the manner specified in Clause 10.10 of these Conditions .
10.11.3 Notwithstanding any other provision of these Conditions, Meishifood’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Meishifood under such Contract.
10.11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.
10.11.5 No action shall be brought against Meishifood later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.
10.12 General
10.12.1 Meishifood shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Website’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Meishifood’s reasonable control.
10.12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Meishifood, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.
10.12.3 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
10.12.4 No waiver by Meishifood of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Meishifood’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.
10.12.5 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
10.12.6 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 10.3.3 of these Conditions.
10.12.7 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 10.12.9 below.
10.12.8 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Meishifood. Any such actions brought against Meishifood for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
10.12.9 Notwithstanding Clause 10.12.8 above, Meishifood shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
10.12.10 Meishifood may, through the Website or by such other method of notification as Meishifood may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Meishifood specifies through the above means. If Buyer uses the Website after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Website and terminate these Terms & Conditions of Sale.
10.12.11 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Meishifood’s part shall be subject to correction without any liability on Meishifood’s part.
10.12.12 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.
10.12.13 These Conditions shall constitute the entire agreement between Buyer and Meishifood relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
10.12.14 Meishifood reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Meishifood deems appropriate.
11. Privacy Policy
11.1 Privacy Policy
11.1.1 For Meishifood’s policy relating to its use of your personal data, please review Meishifood’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.
12. Indemnity
12.1 Meishifood’s Indemnification
12.1.1 You will indemnify and hold Meishifood, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to this Website, use of this Website, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your Meishifood User ID.
12.2 Meishifood’s Involvement
12.2.1 Meishifood may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Meishifood without Meishifood’s prior written approval. Meishifood reserves the right, at its expense and upon notice to you to assume exclusive defence and control of any claim or action.
13. Disclaimers and Limitation of Liability
13.1 Parties’ Relationship
13.1.1 Meishifood has no special relationship with or fiduciary duty to you for accessing and using this Website and the Content. You acknowledge that Meishifood has no control over, and no duty to take any action regarding: (a) Which users gain access to this Website; (b) What content you access via this Website; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content.
13.2 Exemption of Liability
13.2.1 In no event will Meishifood, this Website, or any of Meishifood’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This Website; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of this Website, tools or Services we provide related to the business we operate on this Website by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
13.2.2 These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
13.2.3 This Website, including all content, software, functions, materials and information made available on or accessed through this Website, is provided on an “as is” basis. To the fullest extent permissible by applicable law, Meishifood makes no representations or warranties of any kind, either express or implied, including but not limited to the content on this Website or the materials, information and functions made accessible through this Website, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website, or for Service Provider ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
13.2.4 You acknowledge and agree that any transmission to and from this Website is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to Meishifood and by posting information on this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Meishifood other than pursuant to this Terms of Use.
13.2.5 You acknowledge and agree that you will not hold or seek to hold Meishifood responsible for the content provided by third parties and you further acknowledge and agree that Meishifood is not a party to any transaction in relation to the Services provided by any third party.
13.3 Remedies
13.3.1 If you are dissatisfied with this Website, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against Meishifood or another user of this Website with respect to this Terms of Use or this Website, your sole and exclusive remedy against Meishifood is to discontinue use of this Website.
13.3.2 In any event, to the fullest extent permissible by the applicable law, Meishifood’s liability, and the liability of any member of Meishifood, to you or any third party in any circumstance arising out of or in connection with this Website is limited to the amount of fees you paid to Meishifood in the twelve months prior to the action giving rise to liability.
14. Interaction with Third Parties
14.1 Links to Third Party Websites
14.1.1 This Website may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Meishifood, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Meishifood of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
14.1.2 When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.
14.1.3 Meishifood has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Meishifood will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold Meishifood harmless from any and all liability arising from your use of any Third Party Website.
14.1.4 Your interactions with organisations and/or individuals found on or through the Services including but not limited to the Service Providers, including payment and delivery of Products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.
14.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
14.2 Meishifood’s Responsibility
16.2.1 You agree that Meishifood shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Meishifood is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Meishifood, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
15. Payment
15.1 In order to ensure there is adequate operational support in respect of dispute management, refunds, cancellations, returns and customer support, the following Meishifood entities shall be the responsible contracting parties under this Terms of Use:
(a) in respect of transactions in Malaysia, Meishi Sdn. Bhd
16. Termination
16.1 Termination by Meishifood
16.1.1 This Terms of Use shall remain in full force and effect while you use this Website or the Services. Meishifood may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. Meishifood may also terminate or suspend any and all Services and access to this Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.
16.2 Effects of Termination
16.2.1 Upon termination of your Meishifood Account, your right to use the Services, access this Website, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
16.2.2 If this Terms of Use is terminated as a result of your breach, Meishifood reserves the right to cancel any outstanding purchases you may have purchased prior to said termination, without refund or liability to you.
17. Governing Law
17.1 This Terms of Use shall be governed by the laws of Malaysia.
18. Miscellaneous
18.1 Severability
18.1.1 If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.
18.2 Assignment
18.2.1 These Terms of Use is not assignable, transferable or sub-licensable by you except with Meishifood’s prior written consent. Meishifood may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you.
18.3 The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.
19. Contact
19.1 Please contact Meishifood at support@meishifood.com.my to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.Last updated on 14th October 2019
1.1 This website (“Website”) means www.meishifood.com.my website is operated by Meishi Sdn Bhd, a company incorporated in Malaysia. Please read these terms and conditions (“Terms of Use”) carefully before using this Website and the products offered by Meishi Sdn Bhd or its affiliated companies (together, “Meishifood”) through this Website (the “Products”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Website and (2) persons for whom you make a purchase of the Products.
2. Change of Terms of Use
2.1 Meishifood’s Modifications
2.1.1 Meishifood reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Meishifood changes or modifies this Terms of Use, Meishifood will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised.
2.1.2 Your continued use of this Website after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access this Website and/or the Products. It is your responsibility to regularly check this Website to ascertain if there are any changes to this Terms of Use and to review such changes.
2.1.3 In addition, when buying the Products, you shall be subject to any additional terms applicable to such Products that may be posted on the page relating to such Products from time to time and the privacy policy adopted by Meishifood from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use.
3. Access and Use of the Services
3.1 Ownership of Content
3.1.1 This Website, the domain name (www.meishifood.com.my), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Meishifood in connection therewith are owned and operated by Meishifood.
3.2 Provision and Accessibility of Services
3.2.1 Subject to this Terms of Use, Meishifood offer to provide the Products by itself, as described in further detail on this Website. The Products that have been selected by you on this Website are solely for your own use, and not for the use or benefit of any third party. The term “Services” includes but is not limited to the use of this Website and any services, information and functions made available by Meishifood at the Website. Meishifood may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. Meishifood may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.
3.2.2 Meishifood does not guarantee that the Services will always be available or uninterrupted. Meishifood will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.
3.2.3 If you link to this Website, Meishifood may revoke your rights to so link at any time, at Meishifood’s sole discretion. Meishifood reserves the right to require prior written consent before linking to this Website.
4. Website and Content
4.1 Use of the Content
4.1.1 All materials displayed or performed on this Website including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Website and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use.
4.1.2 If Meishifood agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. Meishifood may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
4.2 Meishifood’s Liability for the Website and Content
4.2.1 Meishifood cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website. Meishifood cannot guarantee the authenticity and accuracy of any content, materials or information which other users may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
4.2.2 Under no circumstances will Meishifood be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
5. Intellectual Property Rights
5.1 Intellectual Property
5.1.1 All intellectual property rights subsisting in respect of this Website belong to Meishifood or have been licensed to Meishifood for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from Meishifood or from the copyright holder identified in such Contents copyright notice.
6. User Submissions
6.1 Uploading of Information
6.1.1 In the course of accessing this Website or using the Services, you may provide information which may be used by Meishifood in connection with the Services and which may be visible to other users of this Website. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Meishifood in connection with the Services (“User Submissions”): (a) You hereby grant to Meishifood a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating this Website and Meishifood’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorise Meishifood to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of this Website a non-exclusive license to access your User Submissions through this Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of this Website and under this Terms of Use; (d) You acknowledge and agree that Meishifood retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Meishifood does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through this Website is the sole responsibility of you and that Meishifood will not be liable for any errors or omissions in any content.
7. Users Representations, Warranties and Undertakings
7.1 Use of this Website and the Services
7.1.1 You represent, warrant and undertake to Meishifood that you will not provide any User Submissions or otherwise use this Website or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without Meishifood’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Meishifood; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or programme.
7.2 Removal of User Submissions
7.2.1 Meishifood reserves the right to remove any User Submissions from this Website at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Meishifood is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
7.3 Responsibility for User Submissions
7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website.
7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on this Website. You represent, warrant and undertake to Meishifood that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorise Meishifood to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by this Website and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or Meishifood’s use of the User Submissions, or any portion thereof, on or through this Website and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
7.3.3 You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to Meishifood that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this Website and/or the Services; or (b) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website; or (c) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (d) Run maillist, listserv, or any other form of auto-responder, or “spam” on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Website’s infrastructure; or (e) Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of this Website; or (f) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
8. Registration and Security
8.1 Opening of the Meishifood Account
8.1.1 In the course of using the Services, you may be required to open and maintain an account with Meishifood (“Meishifood Account”).
8.2 Provision of Personal Information
8.2.1 As a condition to using some aspects of the Services, you may be required to register with Meishifood and select a password and user name (“Meishifood User ID”). If you are accessing the Services through a Third Party Website or service, Meishifood may require that your Meishifood User ID be the same as your user name for such Third Party Website or service.
8.2.2 You shall provide Meishifood with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Meishifood Account.
8.2.3 You represent that you shall not: (a) Select or use as a Meishifood User ID a name of another person with the intent to impersonate that person; or (b) Use as a Meishifood User ID a name subject to any rights of a person other than you without appropriate authorization.
8.2.4 Meishifood reserves the right to refuse registration of or to cancel a Meishifood Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
9. Reviews – Further correspondence – Rights to User Content
9.1. By requesting for a quotation or purchasing a product, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our review form which we will send to you after you receive the quotation or complete the purchase. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed review may be uploaded onto the relevant page on the Meishifood Website within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service level and quality of the service. Each account may only submit one review per transaction. Fraud and abuse will result in the termination of your Meishifood account.
9.2. By posting a review, you grant Meishifood the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Meishifood reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
9.3. You confirm you will comply with these User Review Guidelines. In addition, you represent and warrant that
9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the Website;
9.3.2. such content is accurate and not misleading; and
9.3.3. use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity.
9.4. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.
9.5. You further grant Meishifood the right to pursue at law any person or entity that violates your or Meishifood’s rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.
9.6. Content submitted by users will be considered non-confidential and Meishifood is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Meishifood reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Meishifood is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Meishifood. Meishifood shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties.
10. Terms and Conditions of Sale
10.1 In these Conditions:
“Buyer” means the person who purchases Products on the Website;
“Conditions” mean these Terms and Conditions of Sale;
“Contract” means the contract formed when Meishifood accepted the order placed by Buyer on the Website for the purchase of Products sold by Meishifood;
“Products” mean the Products made available for sale on the Website;
“Writing” includes electronic mail facsimile transmission and any comparable means of communication.
10.1.1 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
10.1.2 Any references to “Meishifood” in these Conditions refer to both Meishifood’s actions on its own behalf as Seller and/or as the operator of the Website in respect of each and every Contract.
10.1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
10.2 Basis of the Contract
10.2.1 The Website provides a place and opportunity for the sale of Products between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for particular Products listed for sale on the Website, be it Meishifood or a Third Party Vendor, may be stated on the Website listing such Products.
10.2.2 Where the Buyer has placed an order on the Website for the purchase of Products sold by Meishifood and Meishifood has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Meishifood.
10.2.3 Any information made available on the Website in connection with the supply of Products, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
10.2.4 While the Seller endeavours to provide an accurate description of the Products, Seller warrants that such description is accurate, current or free from error. In the event that the Products the Buyer receives are fundamentally different from the Products as described on the Website and which the Buyer has ordered, Clause 10.7 of these Conditions shall apply.
10.2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Meishifood in its website shall be subject to correction without any liability on the part of Meishifood.
10.3 Orders and Specifications
10.3.1 The Buyer may purchase Products by placing and completing the order form on the Website and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Website. Meishifood shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Meishifood shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
10.3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon Meishifood issuing a confirmation of dispatch of the Products to the Buyer. For the avoidance of doubt, Meishifood shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Meishifood shall furthermore be entitled to require the Buyer to furnish Meishifood with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
10.3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Meishifood and on terms that the Buyer shall indemnify Meishifood in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Meishifood as a result of the modification or cancellation, as the case may be.
10.4 Price
10.4.1 The price of the Products shall be the price stated on the Website at the time which the Buyer places and completes the order form on the Website. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Meishifood in addition to the price, but it excludes the delivery charges.
10.4.2 In the event that Products have been mispriced on the Website, the Seller reserves the right to terminate the Contract, in which Meishifood shall notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Products have been dispatched or are in transit or that payment has been charged to Buyer.
10.5 Terms of Payment
10.5.1 The Buyer shall be entitled to make payment for the Products using the various payment methods made available on the Website. When Buyer places an order on the Website, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Meishifood, either accepting payment in its own right.
10.5.2 The terms and conditions applicable to each type of payment, as prescribed by Meishifood on the Website, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
10.5.2.1 Credit Card
Credit card payment option is available for all Buyers. Meishifood accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers is protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
10.5.2.2 Debit Cards
Meishifood accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
10.5.2.3 Online Banking
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Products purchased by Buyer to a Meishifood account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Meishifood, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
10.5.3 Buyer may not claim against Seller for any failure, disruption or error in connection with the Buyer’s chosen payment method. Meishifood reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
10.5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:
10.5.4.1 cancel the Contract or suspend deliveries of the Products until payment is made in full; and/or
10.5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
10.5.5 All refunds shall be made via the Meishifood virtual payment account (“Meishifood Payment Account”). Meishifood offers no guarantee of any nature for the timeliness of the refunds reaching the Meishifood Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Meishifood. All refunds are conditional upon Meishifood’s acceptance of a valid return of the Products. Meishifood reserve the right to modify the mechanism of processing refunds at any time without notice.
10.5.6 All payments for the purchased Products must be made to Meishifood using the payment methods made available on the Website only.
10.6 Delivery/Performance
10.6.1 Delivery of the Products shall be made to the address specified by the Buyer in its order.
10.6.2 Meishifood has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Products to any other party as it may from time to time decide without giving notice of the same to the Buyer.
10.6.3 Any dates quoted for delivery of the Products are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Meishifood shall not be liable for any delay in delivery or performance howsoever caused.
10.6.4 If Seller has failed to deliver the Products in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Meishifood, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Meishifood fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Products.
10.6.4.1 Where the Products have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 10.6.4 above, Buyer shall immediately notify Meishifood of the delivery. The property in the Products shall not pass to the Buyer and Buyer shall hold the Products as Meishifood’s fiduciary agent and bailee and shall keep the Products separate from those of the Buyer. Meishifood shall be entitled at any time to demand the Buyer to deliver up the Products to Meishifood and in the event of non-compliance Meishifood reserves its right to take legal action against the Buyer for the delivery of the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
10.6.5 If the Buyer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Meishifood, Meishifood may:
10.6.5.1 sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
10.6.5.2 terminate the Contract and claim damages.
10.7 Return, Refund and Replacement of Products
10.7.1 All Products sold on the Website is covered under the Meishifood 7 Days Easy Returns (“Return Policy”). Buyer may initiate the returns process by communicating with Meishifood through the Website.
10.7.2 Buyer may, by completing the Online Return Form, apply to return the purchased Products to Meishifood or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Products are returned to Meishifood within 7 calendar days from the delivery date. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Products to the post stamp date on the return parcel. In case of damaged Products, please contact Meishifood within 24 hours of receiving the delivery to expedite the claim process.
10.7.3 Buyer may only apply for return of the purchased Products in the following circumstances:
10.7.3.1 the Products delivered to Buyer is defective and/or damaged on delivery;
10.7.3.2 the Products delivered to Buyer is materially different from the description provided in the listing of the Products;
10.7.3.3 the Products delivered to Buyer does not match the agreed specification (e.g. wrong product etc.) stipulated in the order; and
10.7.3.4 such other circumstances which may be prescribed by Meishifood on the Website.
10.7.4 Notwithstanding Clause 10.7.3 above, Buyer is to ensure that product is not opened, as otherwise it will not be accepted for return.
10.7.5 Notwithstanding Clause 7.3 above, return or cancellations of any perishable Products are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.
10.7.6 The application for return of purchased Products may also be subject to additional terms and conditions prescribed by Meishifood on the Website. Please contact cx@meishifood.com.my for further details.
10.7.7 If you have any questions or complaints with regards to returns, you may contact Meishifood using the “Contact Us” page on the Website, as applicable
10.8 Risk and property of the Products
10.8.1 Risk of damage to or loss of the Products shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Products, the time when Meishifood has tendered delivery of the Products.
10.8.2 Notwithstanding delivery and the passing of risk in the Products or any other provision of these Conditions, the property in the Products shall not pass to the Buyer until Meishifood has received in cash or cleared funds payment in full of the price of the Products and all other Products agreed to be sold by Meishifood to the Buyer for which payment is then due.
10.8.3 Until such time as the property in the Products passes to the Buyer, the Buyer shall hold the Products as Meishifood’s fiduciary agent and bailee and shall keep the Products separate from those of the Buyer.
10.8.4 The Buyer agrees with Meishifood that the Buyer shall immediately notify Meishifood of any matter from time to time affecting Meishifood’s title to the Products and the Buyer shall provide Meishifood with any information relating to the Products as Meishifood may require from time to time.
10.8.5 Until such time as the property in the Products passes to the Buyer (and provided the Products are still in existence and have not been resold), Meishifood shall be entitled at any time to demand the Buyer to deliver up the Products to Meishifood and in the event of non-compliance Meishifood reserves its right to take legal action against the Buyer for the delivery of the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
10.8.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of Meishifood but if the Buyer does so all moneys owing by the Buyer to Meishifood shall (without prejudice to any other right or remedy of Meishifood) forthwith become due and payable.
10.8.7 If the provisions in this Clause 10.8 of these Conditions are not effective according to the law of the country in which the Products are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
10.8.8 The Buyer shall indemnify Meishifood against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Meishifood’s rights under this condition.
10.9 Termination
10.9.1 Buyer may terminate the Contract before Meishifood dispatches the Products, by written notice to Meishifood through our Contact Us page at https://www.meishifood.com.my/contact/. If the Products have already been dispatched, Buyer may not terminate the Contract but may only return the Products in accordance with Clause 10.7 of these Conditions.
10.9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Meishifood may stop any Products in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
10.9.2.1 the Products under the Contract being unavailable for any reason; and/or
10.9.2.2 the Products under the Contract has been mispriced on the Website.
10.10 Warranties and Remedies
10.10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
10.10.2 Subject to this Clause 10.10 of these Conditions, Meishifood warrants that the Products will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Products are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Products Act and the Consumer Protection Act), Meishifood further gives to the Buyer such implied warranties as cannot be excluded by law.
10.10.3 Meishifood’s above warranty concerning the Products is given subject to the following conditions:
10.10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Meishifood.
10.10.3.2 Any description given of the Products is given by way of identification only and the use of such description shall not constitute a sale by description.
10.10.3.3 Meishifood binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Meishifood’s opinion in that behalf. Meishifood does not give any warranty as to the quality state condition or fitness of the Products.
10.10.3.4 Meishifood shall be under no liability for the following measures and actions taken by the Buyer and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of Meishifood, addition and insertion of parts, in particular of spare parts which do not come from Meishifood.
10.10.3.5 Meishifood shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Meishifood’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without Meishifood’s approval.
10.10.3.6 Meishifood is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Meishifood’s prior written approval and the Buyer shall indemnify Meishifood against each loss liability and cost arising out of such claims.
10.10.3.7 Meishifood shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment.
10.10.3.8 Meishifood shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the Warranty Period.
10.10.4 Where there is any defect in the quality or condition of the Products or where the Products fail to correspond with specification, Buyer may apply to return the defective and/or damaged Products to Meishifood in exchange for a replacement or a refund in accordance with Meishifood’s Return Policy and Clause 10.7 of these Conditions above.
10.10.5 As an alternative to returning faulty or damaged Products in exchange for refund or replacement under Clause 10.7 of these Conditions above, a Buyer may request for a repair of such Products. Meishifood however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Meishifood’s acceptance of the same and the non-conforming Products (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 10.7 of these Conditions above once Meishifood has accepted such request.
10.10.6 Where the Products have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Products. In lieu of repair, Meishifood may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.
10.10.7 When Meishifood has provided replacement Products or given the Buyer a refund, the non-conforming Products or parts thereof shall become property of Meishifood.
10.11 Liability
10.11.1 In no event shall Meishifood be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Meishifood had been advised by the Buyer of the possibility of incurring the same.
10.11.2 The remedies set out in Clause 10.10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Products and Meishifood’s liability for the same shall be limited in the manner specified in Clause 10.10 of these Conditions .
10.11.3 Notwithstanding any other provision of these Conditions, Meishifood’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Meishifood under such Contract.
10.11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.
10.11.5 No action shall be brought against Meishifood later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.
10.12 General
10.12.1 Meishifood shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Website’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Meishifood’s reasonable control.
10.12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Meishifood, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.
10.12.3 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
10.12.4 No waiver by Meishifood of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Meishifood’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.
10.12.5 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
10.12.6 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 10.3.3 of these Conditions.
10.12.7 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 10.12.9 below.
10.12.8 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Meishifood. Any such actions brought against Meishifood for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
10.12.9 Notwithstanding Clause 10.12.8 above, Meishifood shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
10.12.10 Meishifood may, through the Website or by such other method of notification as Meishifood may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Meishifood specifies through the above means. If Buyer uses the Website after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Website and terminate these Terms & Conditions of Sale.
10.12.11 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Meishifood’s part shall be subject to correction without any liability on Meishifood’s part.
10.12.12 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.
10.12.13 These Conditions shall constitute the entire agreement between Buyer and Meishifood relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
10.12.14 Meishifood reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Meishifood deems appropriate.
11. Privacy Policy
11.1 Privacy Policy
11.1.1 For Meishifood’s policy relating to its use of your personal data, please review Meishifood’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.
12. Indemnity
12.1 Meishifood’s Indemnification
12.1.1 You will indemnify and hold Meishifood, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to this Website, use of this Website, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your Meishifood User ID.
12.2 Meishifood’s Involvement
12.2.1 Meishifood may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Meishifood without Meishifood’s prior written approval. Meishifood reserves the right, at its expense and upon notice to you to assume exclusive defence and control of any claim or action.
13. Disclaimers and Limitation of Liability
13.1 Parties’ Relationship
13.1.1 Meishifood has no special relationship with or fiduciary duty to you for accessing and using this Website and the Content. You acknowledge that Meishifood has no control over, and no duty to take any action regarding: (a) Which users gain access to this Website; (b) What content you access via this Website; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content.
13.2 Exemption of Liability
13.2.1 In no event will Meishifood, this Website, or any of Meishifood’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This Website; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of this Website, tools or Services we provide related to the business we operate on this Website by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
13.2.2 These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
13.2.3 This Website, including all content, software, functions, materials and information made available on or accessed through this Website, is provided on an “as is” basis. To the fullest extent permissible by applicable law, Meishifood makes no representations or warranties of any kind, either express or implied, including but not limited to the content on this Website or the materials, information and functions made accessible through this Website, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website, or for Service Provider ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
13.2.4 You acknowledge and agree that any transmission to and from this Website is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to Meishifood and by posting information on this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Meishifood other than pursuant to this Terms of Use.
13.2.5 You acknowledge and agree that you will not hold or seek to hold Meishifood responsible for the content provided by third parties and you further acknowledge and agree that Meishifood is not a party to any transaction in relation to the Services provided by any third party.
13.3 Remedies
13.3.1 If you are dissatisfied with this Website, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against Meishifood or another user of this Website with respect to this Terms of Use or this Website, your sole and exclusive remedy against Meishifood is to discontinue use of this Website.
13.3.2 In any event, to the fullest extent permissible by the applicable law, Meishifood’s liability, and the liability of any member of Meishifood, to you or any third party in any circumstance arising out of or in connection with this Website is limited to the amount of fees you paid to Meishifood in the twelve months prior to the action giving rise to liability.
14. Interaction with Third Parties
14.1 Links to Third Party Websites
14.1.1 This Website may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Meishifood, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Meishifood of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
14.1.2 When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.
14.1.3 Meishifood has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Meishifood will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold Meishifood harmless from any and all liability arising from your use of any Third Party Website.
14.1.4 Your interactions with organisations and/or individuals found on or through the Services including but not limited to the Service Providers, including payment and delivery of Products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.
14.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
14.2 Meishifood’s Responsibility
16.2.1 You agree that Meishifood shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Meishifood is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Meishifood, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
15. Payment
15.1 In order to ensure there is adequate operational support in respect of dispute management, refunds, cancellations, returns and customer support, the following Meishifood entities shall be the responsible contracting parties under this Terms of Use:
(a) in respect of transactions in Malaysia, Meishi Sdn. Bhd
16. Termination
16.1 Termination by Meishifood
16.1.1 This Terms of Use shall remain in full force and effect while you use this Website or the Services. Meishifood may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. Meishifood may also terminate or suspend any and all Services and access to this Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.
16.2 Effects of Termination
16.2.1 Upon termination of your Meishifood Account, your right to use the Services, access this Website, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
16.2.2 If this Terms of Use is terminated as a result of your breach, Meishifood reserves the right to cancel any outstanding purchases you may have purchased prior to said termination, without refund or liability to you.
17. Governing Law
17.1 This Terms of Use shall be governed by the laws of Malaysia.
18. Miscellaneous
18.1 Severability
18.1.1 If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.
18.2 Assignment
18.2.1 These Terms of Use is not assignable, transferable or sub-licensable by you except with Meishifood’s prior written consent. Meishifood may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you.
18.3 The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.
19. Contact
19.1 Please contact Meishifood at support@meishifood.com.my to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.Last updated on 14th October 2019
