TERMS OF USE

TERMS OF USE

 

These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by Tuk Tuk (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms.

The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.

Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.

Tuk Tuk reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.

1.1.WHO WE ARE

Depending on which Platform you access and use, these Terms form the contract between you and the following Tuk Tuk entities:

Ijeon FoodService (M) Sdn Bhd, also known as Tuk Tuk (www.tuktuk.com.my)

1.2 WHAT WE DO

Through our Platforms, Tuk Tuk links you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as “Goods“) to be delivered to you. When you place an order for Goods, Tuk Tuk will facilitate, process, and conclude the order and subsequently deliver your order to you by either Tuk Tuk own transportation or from our logistic partner.

 

1.3 HOW TO CONTACT US

For customer support, you may reach out to us via email or through our in-app customer support chat feature.

  1. USE OF THE PLATFORMS AND TUK TUK ACCOUNT

2.1 You will need to register for a Tuk Tuk account for you to use the Platform. When you register for a Tuk Tuk account we will ask you to provide your personal information including a valid email address, a mobile phone number, and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Tuk Tuk account are your sole responsibility.

2.2 Tuk Tuk shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect, or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.

2.3 If you wish to delete your Tuk Tuk account, please send us an email requesting the same. We may restrict, suspend or terminate your Tuk Tuk account and/or use of the Platforms, if we reasonably believe that:

2.3.1 someone other than you is using your Tuk Tuk account; or

2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.

  1. RESTRICTION

3.1 Activities Prohibited on the Platforms

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Tuk Tuk reserves the right to investigate and take appropriate legal action against anyone who, in Tuk Tuk’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

3.1.1 using the Platforms for any purpose in violation of local, state, or federal laws or regulations;

3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Tuk Tuk in its sole discretion or pursuant to local community standards;

3.1.4 posting content that constitutes cyber-bullying, as determined by Tuk Tuk in its sole discretion;

3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;

3.1.6 posting telephone numbers, street addresses, or last names of any person;

3.1.7 posting URLs to external websites or any form of HTML or programming code;

3.1.8 posting anything that may be “spam,” as determined by Tuk Tuk in its sole discretion;

3.1.9 impersonating another person when posting content;

3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;

3.1.12 harassing, threatening, stalking, or abusing any person on the Platforms;

3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Tuk Tuk, exposes Tuk Tuk or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

3.1.14 encouraging other people to engage in any prohibited activities as described herein.

3.2 Tuk Tuk reserves the right but is not obligated to do any or all of the following:

3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;

3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

3.2.3 suspend or terminate a user’s access to the Platforms or their Tuk Tuk Account upon any breach of these Terms;

3.2.4 monitor, edit, or disclose any content on the Platforms; and

3.2.5 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.

  1. INTELLECTUAL PROPERTY

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Tuk Tuk and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Tuk Tuk’s trademarks on any other website not approved by us is strictly prohibited. Tuk Tuk will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Tuk Tuk neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Tuk Tuk. The use of any materials on the Platforms is at your own risk.

  1. ORDERS

5.1 When you place an Order with Tuk Tuk, Tuk Tuk will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).

5.2 Special Instructions –All menu ingredient and serving style are engineered to offer the best food quality and dining experience to our customer, hence we are unable to comply any special request to alter or change the specification of our standard menu. Tuk Tuk will not be responsible to replace or refund an Order which does not conform to special instructions provided by you.

5.3 Allergens – Tuk Tuk is not obligated to provide ingredient information or allergen information on the Platforms. Further, Tuk Tuk does not guarantee that the Goods sold are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact our customer service assistant before placing an Order on our Platforms.

5.4 Prior to placing the Order

5.5.1 You are required to provide the delivery address and delivery time slot in order for the platform to recognise if the delivery service is available in your delivery area, or requested delivery time.

5.6.2 Once your details are being verify, you will be taken to the menu page for you to select and add Goods to the cart.

5.7. Placing the Order

To complete an order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

 

5.8 Cancelling an Order

5.8.1 We do not accept any cancellation once the order is being placed and therefore, no refund will be provided.

5.9 Return & Refunds

5.9.1 All items are final sale and non-returnable item. Packed Food item are freshly cook upon your order and it is good to be consumed within 30 min from your receiving time. If you found any quality issues on your ordered food upon delivery, please reach out to us within 30 min so we can resolve the problems.

5.9.2 By confirming your order, you have by default agreed on Tuk Tuk No Refund Policy. We will resolve problem that is being reported to us pertaining to your order. Should our findings be our fault in not matching product specification or standard, a special arrangement will be made for compensation.

 

5.9.3 Tuk Tuk is not responsible for delays in transit caused by high order volume, weather, mechanical error, strikes, natural disasters, terrorism safety control, local carrier mis-scans or inaccurate shipping information. We do not leave your order at an address should there be no respond from the recipient to accept the delivery. Second attempt delivery will not be arranged should you have missed the designated collection time.

 

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

 

  1. PRICES & PAYMENTS

6.1 Prices for our products are subject to change without notice. All prices listed are in Ringgit Malaysia, and subject to Sales and Service Tax (SST) 6%.

 

6.1.1 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

6.1.2 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6.1.3 A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final Total amount which is displayed to you.

6.2 Delivery fees are chargeable on every Order unless:

6.2.1 you opt to collect your Order directly Tuk Tuk Central Kitchen (“Pick-Up”);

6.3.1 you have a valid promotional or discount voucher and apply it at Checkout; or

6.3.3 unless stated otherwise.

6.4 Prices indicated on the Platforms are as at the time of each Order and may be subject to change.

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

6.5.1 Our payment partners: Visa, Mastercard, Union Pay, Grab Pay, Boost, Mcash, Touch & Go, Maybank QR pay;

6.5.2 Such other payment method we offer from time to time.

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

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