Effective Date: 10 March 2020
Welcome, and thank you for your interest in Beyond Better Sdn Bhd, Company No. 1314871-P. (“Beyond Better,” “we,” or “us” or “our” or “Moments365” or “Company”) and our website at www.moments365.com along with our related websites, networks, applications, and other services provided by us.
You understand and agree that Company provides a technology platform connecting you (“User”) with independent third party vendors and others that provide the products offered through the Services (“Vendors”), and independent third-party contractors who provide delivery services (“Delivery Service Provider”) who are not employed by Company or any of its affiliates. (collectively, the “Service”). You acknowledge and agree that Company does not itself prepare food, offer delivery services or produce any items listed on our websites, and has no responsibility or liability for the acts or omissions of any Vendors or any Delivery Service Provider. Company is not the retailer of any products offered by Merchants, nor is it in the delivery business or a common carrier. Company provides a technology platform facilitating the transmission of orders by Users to Vendors for pickup or delivery by Delivery Service Provider. Company will not assess or guarantee the suitability, legality or ability of any Vendors or Delivery Service Provider. You agree that Company is not responsible for the Vendors’ item production, food preparation or the safety of the food, and does not verify Vendors’ compliance with applicable laws or regulations. Company has no responsibility or liability for acts or omissions by any Vendors or Delivery Service Provider.
You agree that the goods that you purchase will be prepared by our Vendors, that title to the goods passes from the Vendors to you at the Vendor’s location, and that the Delivery Service Provider will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Delivery Service Provider nor Company holds title to or acquires any ownership interest in any goods that you order through the Services.
These Terms and Conditions are a legally binding contract between you and Beyond Better regarding your use of the Service. This contract will be between the Company and the Customer. If you do not agree to be bound by the Terms and Conditions, you may not access or use our Services.
Section 1: Booking:
- All prices stated are in Malaysian Ringgit.
- Unless agreed otherwise in writing the only services that the Vendors agrees to provide to you are the services specified in your order form or invoice.
- Unless agreed otherwise Vendors’ provision of Service will only begin when payment listed in your invoice or order form is cleared funds in our bank account.
- Company reasonably endeavour to comply with your special instructions for a Service. However the Company reserve the right to provide the Service in accordance with standard operating procedures. The Company shall not be responsible to replace or refund the Service which does not conform to special instructions provided by you.
Section 2: Additional Terms for Catering Booking:
- Requesting a quotation does not guarantee date availability.
- If the number of guests is less than originally booked, we will still charge for the numbers ordered.
- Final numbers of guests must be notified to us in writing no later than 14 days prior to the event. After this time if the numbers increase by up to 100 pax this can normally be accommodated, but this is not guaranteed and allowances can not be made if the numbers drop.
- Vendors do not provide any table and tablecloth.
- In an unlikely event a certain kind of food items that is requested became unavailable, Vendors will replace it with a similar priced item.
Section 3: Delivery
- You are responsible to be available at the time of delivery and ensure adequate arrangement is made. In any event where the Delivery Service Provider is unable to reach you, the Delivery Service Provider will attempt to contact you or any person acting on your behalf at the phone number given and the Delivery Service Provider is unable to find a safe location to leave the food and if you or any person acting on your behalf are still unreachable, the order shall be deemed delivered and you will be liable for its payment in full as if you had received the order regardless of the reason given by you.
- If for any reason you or any person acting on your behalf had decided to reject the delivery when the Delivery Service Provider had arrived at the delivery location without any cancelation notice beforehand, the order shall be deemed delivered and you will be liable for its payment in full as if you had received the order.
- We cannot guarantee every order will arrive at the specified time stated. In the case of events outside our control, such as inclement weather or traffic, the Delivery Service Provider will attempt to deliver your order as soon as reasonably possible. If an order arrives early or late, you agree that you will still accept the order and release us from any loss or damages that you encounter as a result of early or late delivery.
Section 4: Last Minute Changes
- Company will not be held responsible for the lack of successful / complaints for events caused by changes from Client within 48 hours before the scheduled delivery time.
Section 5: Payment:
- If we did not receive any payment before the payment due time, we are entitled, without liability, to suspend, restrict, or terminate any booking without notice.
- The prices for items displayed through the Services may differ from the prices offered or published by Vendors for the same items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu items are sold
- Company has no obligation to itemize its costs, profits or margins when publishing such prices
- Company reserves the right to change such prices at any time, at its discretion.
- Payment will be processed by Company and can be made by cheque, bank transfer, direct bank in, telegraphic transfer, credit card or debit card
Section 6: Credit Terms:
- RM100 admin fee applied for each successful credit terms application. (Fee waived for repeating customers, NGO & federal government of Malaysia)
- By applying for credit terms, we and CTOS Data Systems Sdn Bhd may conduct credit/trade checks, CCRIS & DCHEQS on your company and where applicable, your director(s), shareholder(s) and guarantor(s).
- We are entitled at our discretion to approve or decline your credit terms application based on reasons which include your eligibility for the application and your compliance with our internal credit and registration requirements.
- You are required to sign a CTOS Report and CCRIS consent authorisation when you begin your application.
Section 7: Cancellation:
- Payment paid by you for all orders are final and non-refundable. Company has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion.
Section 8: Members’ Promotion:
- Members’ price and promotion are not application in conjunction with other ongoing promotions
- Members’ price and promotion are not available during national public holiday, Selangor public holiday and Kuala Lumpur public holiday.
Section 9: Equipment:
- Any equipment lost or damaged by you or any guest will be charged at the full replacement cost.
Section 10: Limitation of Liability and indemnity:
- The Company shall not be liable for events beyond its control or for indirect or consequential loss or damage,
- Where a court or an arbitrator holds or finds us liable to you for any breach or default by us, you agree that the amount of damages payable by us to you will not at any time exceed the sum of RM500.
Section 11: Claims:
- A claim that the Services are not in accordance with the invoice will not be accepted by the Company unless written notice is given to the Company within three (3) days of the provision of the Services, stating the grounds of the claim and enclosing any supporting evidence.
- Property, title and ownership in all goods and materials sold subject to these Terms and Conditions shall not be passed to the Customer until such time as all sums of money owing by the Customer to the Company of any nature whatsoever shall have been paid.
- After the delivery of the items, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the items (including but not limited to packaging and containers) whether caused directly or indirectly by you or any person acting on your behalf.
Section 12: Assignment
- We may subcontract any part or parts of the Services or products that we provide to you from time to time and we may assign or change any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
Section 13: Variation of Terms and Conditions:
- We reserve the right at our sole discretion to vary, modify and make changes to these Terms and Conditions from time to time, and any such variations shall become effective once posted on the this webpage. You agree that the continued use of the Service indicates your acceptance of the modified Terms and Conditions.
Section 14: Governing Law:
- The Agreement will be governed by and construed in accordance with the laws of Malaysia. Parties agree to submit to the exclusive jurisdiction of the Malaysian courts.
Section 15: Contact Us:
Company welcomes your questions or comments regarding the Terms and Conditions:
Beyond Better Sdn Bhd
Unit 16-1, Level 16, Pavilion Tower,
Jalan Raja Chulan, Bukit Bintang,
50200, Kuala Lumpur, Malaysia