Terms of Service

Last Revised: March 17, 2021

Overview

This website is operated by JY Food Lab (M) Sdn Bhd. Terms such as “we”, “us” or “our” shall refer to JY Food Lab (M) Sdn Bhd, where  “you” or “your” shall refer to the visitor or purchaser.

JY Food Lab (M) Sdn Bhd offers this website, including all information and services available, subject to your acceptance of all terms, conditions and policies stated herein.

By browsing our website, placing orders or completing payment transactions, you hereby consent to engage our “Services” and agree to be bound by the following Terms and Conditions, subject to changes and updates from time to time.

Kindly read through our Terms and Conditions before visiting our website or placing an order. By doing so, you hereby agree to be bound by our Terms and Conditions. If any of it is considered as an offer, your acceptance is distinctly limited to our Terms of Service.

Any new information or features added to this website shall also be subject to these Terms and Conditions. We strongly recommend you to review the latest version of our Terms and Conditions from time to time. We reserve the right to amend or update any part of these Terms and Conditions at anytime without prior notice. It is your responsibility to read this page regularly for any changes. By continue using or accessing to our website following any changes or updates constitutes your acceptance of those changes or updates.

The title headings used in this agreement are only for convenience in reading and will not limit or otherwise affect these Terms.

1) Online Store Terms

By agreeing to these Terms of Service, you represent that you are at or above the age of majority in Malaysia and you hereby consent to allow any of your minor dependents to use our website. You should not use our products for any unauthorized or illegal purpose; nor should you, in the use of the Service, violate any laws of Malaysia (including but not limited to copyright laws). You should not transmit any worms or viruses or any code of a destructive nature. Any breach or violation of any of these Terms will lead to immediate termination of your Service.

2) General Conditions

We reserve the right to decline Service to anyone for any reason at any time. You hereby understand that your information (not including credit card details), may be transferred unencrypted and involve :

  • transmissions over different networks; and
  • changes to adapt or conform to technical requirements of connecting any networks or devices. Credit card information is always encrypted during transfer over networks.

You hereby agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our website to which the service is provided, without written permission by us.

Each product of JY Food Lab requires different production time (ranging from 1 to 3 days). Hence, we appreciate if you could plan your orders by observing our production time required in order to ensure timely delivery.

At the point of delivery, we might require a photo of our products together with the recipient, so that we can make sure our products are deliver to and received by the right person without any damage or defect.

Should you plan for a surprise delivery to the recipients on special occasions, we appreciate if you could check and ensure their availability in advance to avoid any unsuccessful delivery. Please be informed that additional charges will be incurred for any re-delivery of our products.

We would encourage you to plan the delivery of our products to places with refrigerator for storage purposes in order to keep them fresh for consumption and avoid any potential contamination.

3) Timeliness, Completeness and Accuracy of Information

Material provided on our website is for general information only. It should not be relied upon or used as sole basis for making decisions without consulting for more timely, complete or accurate sources of information. Our website may contain historical information (not current) and it is provided only for your reference. We reserve the right to amend the contents of our website at any time without prior notice. We strongly encourage you to monitor changes on our website regularly. Any reliance on the material on our website is at your own risk. We shall not take any responsibility if the information available on our website is not accurate or complete.

4) Modifications to the Products and Prices

Prices of products on our website are subject to change form time to time without prior notice. We reserve the right to amend or discontinue any products at any time without prior notice. We shall not be liable to you or any third-party for any changes in price or discontinuance of any product.

5) Products or Services

Certain products or services might have limited quantities and are subject to refund only according to our Cancel / Refund Policy. However, if such product is unavailable at the time of order, we shall notify you and offer similar flavour or alternative products, of matching value. We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We might exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or pricing are subject to change at anytime without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on our website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be rectified.

6) Accuracy of Billing and Account Information

We reserve the right to cancel or reject any order placed by you We might, in our sole discretion, limit the purchase quantity per person or per order, which may include orders placed by the same customer, the same credit card, the same billing and/or delivery address. However, if  we were to make any changes or reject any order, we will attempt to notify you via phone number or email provided when you placed the order. We reserve the right to restrict or limit any orders that, in our opinion, seem to be placed by dealers, resellers or distributors. You hereby agree to provide current, complete and accurate information for all purchases made at our website. You hereby agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, in order for us to complete your transactions and contact you as needed.

7) Third-Party Links

Certain content, products and services on our website might include materials from third-parties. Certain links on our  website might redirect you to third-party websites, which are not related with us. We shall not be responsible for assessing the content or its accuracy. We do not warrant and shall not be liable or responsible for any materials or websites of any third-parties, or for any other materials, products, or services offered by any third-parties. We shall not be liable for any harm or damages related to any purchase or use of goods, services, resources, content, or any other transactions made in relation to any third-party sites. We strongly encourage you to read and review thoroughly the policies and practices of any third-parties and ensure that you fully understand before you perform any transaction. Complaints, claims, concerns, or enquiries regarding to any products or services of any third-parties should always be directed to respective third-parties.

8) User Comments, Feedback and Other Submissions

In the event you may send certain specific submissions such as contest entries, creative ideas, suggestions, proposals, plans, or other similar materials, whether by email, WhatsApp, Facebook, Instagram or otherwise (collectively referred to as ‘submissions’), you hereby agree that we might, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any platforms, any submissions that you have forwarded to us. We shall be under no obligation to :

  • respond or feedback to any submissions;
  • pay any compensation for any submissions; or
  • maintain any submission in confidence.

Besides, we might, not under any obligation to, monitor, modify or delete any submissions that, in our sole judgement, appear to be illegal, threatening, offensive, defamatory, pornographic, obscene or otherwise violates  our Terms of Service or any intellectual property rights of other parties. You hereby agree that any submissions of yours will not violate any right of any third-party, including but not limited to, copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that any submissions of yours will not contain illegal, abusive or obscene material, or contain any computer malware or virus that could potentially affect the operation of our website. You  should not use a fake email address, pretend to be someone other than yourself, or otherwise mislead us or any third-party service providers as to the origin of any submissions. You hereby agree that you are solely responsible for any submissions you send and their accuracy. We shall not take any responsibility and assume no liability for any submissions posted by you or any related third-parties.

9) Personal Information

Your personal information submission through our website is governed by our Privacy Policy.

10) Errors, Inaccuracies and Omissions

Sometimes, contents on our website might contain typo error, inaccuracy or omission in relation to product description, pricing, promotion, offers, delivery charges, delivery timing and availability. We shall reserve the right to correct any error, inaccuracy or omission, and change or update information, or cancel orders if any information on our website is inaccurate at any time without prior notice (including completed and paid orders). We shall not be obligated to update, amend or clarify any information on our website, including without limitation, pricing information, except as required by law. No specific update or refresh date applied our our website, should be taken to indicate that all information on our website has been modified or updated.

11) Optional Tools

Access to optional third-party tools might be provided by us for you to make purchases, in which we do not handle or have any control over. You hereby acknowledge and agree that we provide access to such tools “as it is” without any warranty, representation or condition, and without any endorsement. We shall not be liable to whatsoever resulting from or relating to your use of such tools.  Any use of optional third-party tools offered through our website will be at your own risk and discretion. We strongly encourage you to get familiarized with the terms in which such tools are provided by the respective third-party service provider(s). In future, we might offer new services or features through our website, which will also be subject to our Terms of Service.

12) Prohibited Uses

Further to other prohibitions stated above, you are not allowed to use any content of our website :

  • for any illegal purpose;
  • to allow others to carry out or engage in any illegal activities;
  • to violate any rules, regulations or laws of Malaysia;
  • for any obscene or immoral purposes;
  • to violate any intellectual property rights of JY Food Lab (M) Sdn Bhd or any other related parties;
  • to harass, abuse, insult, harm, defame, intimidate, or discriminate based on gender, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • for spam purposes;
  • to collect the personal information of other parties;
  • to upload or transmit any computer malware or virus that will potentially affect the functionality or operation of our websites, other websites or the Internet; or
  • to interfere or interrupt any security features of our website, other websites or the Internet.

We reserve the right to terminate your use of our website for violating any of the abovementioned prohibited uses.

13) Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our website or Service will be uninterrupted, timely, secure or error-free. We do not guarantee that results obtained from the use of our website or Service will be accurate or reliable. We might, from time to time, remove any Service for certain periods of time or cancel any Service at any time without prior notice. You hereby agree that your use of, or inability to use, our website or Service is at your own risk. Products or services delivered to you through our website are (except as expressly stated by us) provided ‘as it is’ for your use, without any representation, warranty or condition of any kind. In no circumstances, should JY Food Lab (M) Sdn Bhd, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, special or consequential damages of any kind, including but not limited to profit loss, revenue loss, savings loss, data loss, replacement costs, or any similar damages, arising from your use of our website of Service, or for any other claim related in any way to your use of our website or Service, including but not limited to, any errors in any content, or any loss or damage of any kind incurred as a result of the use of our website or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

14) Indemnification

You hereby agree to indemnify, defend and hold harmless JY Food Lab (M) Sdn Bhd and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers or service providers, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of our Terms of Service or the documents they incorporated by reference, or your violation of any law or the rights of a third-party.

15) Severability

In case that any provisions of our Terms of Service is found to be illegal, void or unenforceable, such provisions shall still be enforceable to the fullest extent as permitted by law of Malaysia, and the unenforceable portion shall be considered severed from our Terms of Service, such determination shall not in any way affect the validity and enforceability of any other remaining enforceable provisions.

16) Termination

Obligations and liabilities of parties incurred, prior to the termination date, shall survive the termination of this agreement for all purposes. Our Terms of Service are effective unless and until terminated by either you or us. You may terminate our Terms of Service at any time by notifying us that you no longer intend to use our Service, or when you stop using our website. If, in our opinion, you fail or we suspect that you have failed, to comply with any term or provision of our Terms of Service, we reserve the right to terminate this agreement at any time without prior notice and you will remain liable for all amounts due up to, including the date of termination and/or accordingly may reject you access to our website (or any part thereof).

17) Entire Agreement

Failure of JY Food Lab (M) Sdn Bhd in conducting or enforcing any right or provision of our Terms of Service shall not constitute any waiver of such right or provision. Our Terms of Service and any policy or rules posted by us on our website or in respect to our Service constitutes the entire agreement and understanding between you and us, and it also governs your use of our Service, superseding any prior or correspondence, agreement, communication and proposal, whether verbal or written, between you and us (including but not limited to, any prior versions of our Terms of Service).

18) Governing Law

Our Terms of Service and any separate agreements in which we provide our Service to you, shall be governed by and construed in accordance with the laws of Malaysia.

19) Changes to Terms of Service

You may review the latest version of our Terms of Service at any time on our website. We reserve the right, at our sole discretion, to update, amend or replace any part of our Terms of Service at anytime without prior notice. We strongly encourage you to check and review our Terms of Service and other policies regularly. Your continued use of or access to our website or our Service following any changes shall constitute to your acceptance of those changes.

20) Contact Information

Enquiries can be sent to us at hello@jyfoodlab.com