Version : 11th August 2020

TERMS OF USE 

These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by What A Waste Plt (or referred to as “us” or “WaW”). 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 Platform or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platform.

The Platform 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 Platform 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 Platform immediately. 

WaW 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. ABOUT WHAT A WASTE PLT

What A Waste Plt is a Food Donation Platform, our focus is to fight food waste and feed the needy community. These Terms form the contract between users and What A Waste Plt, Malaysia

2. HOW DOES THE PLATFORM WORKS

WaW links Commercial Food Providers (Merchants) with excess food to the needy community directly (Beneficiaries). For members of public, you may order a variety of surplus food available ranges from ready to eat food, dry and raw food and other food products at high discounted prices. When you place an order for Goods from our Merchants (“Order”), WaW acts as an agent on behalf of that Merchant to facilitate, process and conclude the order and subsequently all the food will be collected by the users or order person. 

3. HOW TO CONTACT US

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

4. THE USE OF THE PLATFORM AND WAW ACCOUNT

4.1 You will need to register for a WaW account for you to use the Platform. When you register for a WaW 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 WaW account are your sole responsibility. 

4.2 WaW shall not be liable for Orders that encounter issues due to negligence by you, such as late for collection or did not make it for collection. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including contact information. You are solely responsible for collecting food punctually or at the stipulated time set by the Merchant / Food Donor.

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

4.3.1 someone other than you is using your WaW account; or 

4.3.2 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 our Platform.

5. RESTRICTION

5.1 Activities Prohibited on the Platform

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

5.1.1 Using the Platform for any purpose in violation of local, state, or federal laws or regulations;

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

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

5.1.4 Posting content that constitutes cyber-bullying, as determined by WaW in its sole discretion;

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

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

5.1.7 Posting URLs to external websites or any form of HTML or programming code;

5.1.8 Posting anything that may be “spam,” as determined by WaW in its sole discretion;

5.1.9 Impersonating another person when posting content;

5.1.10 Gathering or collecting information about others, including e-mail addresses, without their consent;

5.1.11 Allowing any other person or entity to use your identification for posting or viewing comments;

5.1.12 Harassing, threatening, stalking, or abusing any person on the Platforms;

5.1.13 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 WaW, exposes WaW or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

5.1.14 Encouraging other people to engage in any prohibited activities as described herein. 

5.2 WaW reserves the right but is not obligated to do any or all of the following:

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

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

5.2.3 Suspend or terminate a user’s access to the Platform or their WaW Account upon any breach of these Terms;

5.2.4 Monitor, edit, or disclose any content on the Platform; and

5.2.5 Edit or delete any content posted on the Platform, regardless of whether such content violates these standards.

6. INTELLECTUAL PROPERTY

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material, whether registered or unregistered, are the intellectual property of WaW and/or third parties who have authorized us with the use (Trademark). 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 WaW’s trademarks on any other website not approved by us is strictly prohibited. WaW will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. WaW neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with WaW. Use of any materials on the Platform is at your own risk.

7. RESTRICTION OF GOODS

7.1 Some of the Goods we offer on our Platform may subject to restrictions for purchase or obtain (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to be given access to you based on the relevant statutory requirements of the time being in force. 

7.2 Alcohol / Alcoholic Products (“Alcohol”) 

To purchase or obtain Alcohol, you must be of the statutory legal age. WaW, the Merchant and their staffs, as the case may be, reserve the right in their sole discretion: 

7.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they give out Alcohol; 

7.2.2 to refuse giving if you are unable to prove you are of legal age; and/or

7.2.3 to refuse giving to any persons for any reason whatsoever. 

7.3 Cigarettes/Tobacco Products (“Tobacco”) 

We may offer Tobacco on some of our Platform where the laws allow. By offering Tobacco for sale on our Platform, we do not purport to advertise, promote or encourage the purchase or use of Tobacco in any way. 

To purchase Tobacco, you must be of the statutory legal age. WaW, the Merchant and their staffs, as the case may be, reserve the right in their sole discretion:

7.3.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;

7.3.2 to refuse delivery if you are unable to prove you are of legal age; and/or

7.3.3 to refuse delivery to any persons for any reason whatsoever.

7.4 Any offer for any Alcohol and Tobacco made on the Platforms is void when it is prohibited by law.

8. ORDERS

8.1 When you place an Order through WaW App, WaW will confirm your order by sending you a confirmation email containing the Order receipt. 

8.2 Minimum Order Value – Some of our Merchants require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option to add more Goods to your Order.

8.3 Special Instructions – WaW and the Merchant (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, WaW and/or the Merchant reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither WaW nor the Merchant shall be responsible to replace or refund an Order which does not conform to special instructions provided by you. 

8.4 Allergens – WaW included food categories as general information, however is not obligated to provide full ingredient information or allergen information on the Platform. WaW does not guarantee that the Goods sold by Merchants are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Merchant directly before placing an Order on our Platform.

8.5 Please note that your Order may be subject to additional terms and conditions provided by the Merchant. 

8.6 Prior to placing the Order

8.6.1 You are to make sure you can commit to collect the Order based on the information of the Merchant you have selected.

8.6.2 Once you select a Merchant or Food, you will be taken to that Merchant’s menu page for you to select and add your Goods to the cart. 

8.7 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, 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.

8.8 Cancelling an Order (Kindly refer to our Return and Refund Policy)

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

8.10 For special cases, at WaW discretion; an after purchase Refund may be made, with a request to be written in via email to our official email address [email protected]. Kindly note, a written in to request for refund does not immediately approved a refund, an assessment will be made solely at WaW discretion and refund process will take 14 working days to process. Kindly refer to our Return and Refund Policy, for further details.

9. PRICES AND PAYMENT

9.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Merchants (either on their own websites, mobile applications, or at their outlets). 

9.2 The way we display the prices of our Goods may vary depending on the Merchant, and the prices reflected on our Platforms may: 

9.2.1 include GST, VAT or such other equivalent tax; or 

9.2.2 exclude GST, VAT or such other equivalent tax. 

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. 

9.3 Method of receiving Goods

9.3.1 you collect your Order directly from the Vendor (“Pick-Up”); 

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

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

9.5.1 Our payment partners: Visa, Mastercard, FPX, Ipay88

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

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

9.7 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. All Goods are only available via self pick-up.

9.8 Payment Methods 

WaW reserves the right to offer additional payment methods and/or remove existing payment methods at anytime in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. WaW does not store your credit card or payment information. 

8.9 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, WaW takes responsibility for payments made on our Platform including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

10. PICK UP OF GOODS

10.1 Coverage Areas

You understand that our Merchants offer their Goods in specific delivery areas and our Merchants vary from delivery area to delivery area. By entering your delivery address on the Platform, you will see the Merchant that we make available to you at that time. Coverage areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure. 

10.2 Collection Time

10.2.1 You may choose to collect your Order “ASAP” as long as the time is within the window time frame set by Merchant. An estimated delivery time will be provided to you in your ORDER confirmation but delivery times shall vary sometimes depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the window collection time of an Order when you click on ‘My orders’ on the Platform. You acknowledge that the delivery time we provide is only an estimate and Orders may be available to collect earlier or later. If your Order contains Alcohol or Tobacco (if applicable) and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, WaW reserves the right not to deliver your Order to you.

10.3 Unsuccessful or Failed Collection

10.3.1 In cases where an Order had been made but Merchant is unable to handover the food due to the reasons caused by you, including but not limited to:

(i) no one was present or available to receive the Order; or 

(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or

(iii) lack of appropriate or sufficient access to deliver the Order successfully; 

(iv) lack of a suitable or secure location to leave the Order; or

(v) in the case of Restricted Goods, customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.

WaW will not be responsible for any decision made by Merchant, whether they decide to cancel the collection or food no longer available for collection.

10.3.2 No-show Cancellations 

If you remain uncontactable or fail to collect the Order within ten (10) minutes from the time the Order time has expires, WaW reserves the right to cancel the Order without refund or remedy to you. 

10.4 Wrong Order, Missing Items, Defective Goods 

WaW is a platform that focus in rescuing surplus food. Therefore, an Order may be replaced with another food option should the food ORDER runs out. However, if you discover that there are issues with your Order (e.g. unacceptable replacement of food items) please contact customer support via one of the methods indicated in Clause 8.10 above immediately. In some cases, WaW may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

10.5 Order Pick-Up 

10.5.1 Your email confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Merchant will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. If The Merchant shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time. 

10.5.2 In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Merchant before leaving the Merchant’s premises.

11. DISCOUNT AND PROMOTION

11.1 WaW may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platform (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

11.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. 

11.3 Unless otherwise stated, Vouchers can only be used on our Platform. 

11.4 Vouchers cannot be exchanged for cash.

11.5 WaW reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply

11.6 We may exclude certain Merchants from the use of Vouchers at any time without prior notice to you. 

12. WARRANTIES

12.1 Representations and Warranties 

You acknowledge and agree that the content on the Platform are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While WaW makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platform shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

12.2 Limitation of Liability 

To the extent permitted by law, WaW (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platform, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platform is to discontinue your use of the Platform. The WaW entity, our agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platform or for any other claim related in any way to your use of the Platform. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the WaW entity, our agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, WaW, the WaW entity, its agents, representatives and service providers’ liability shall be limited to the extent permitted by law.

12.3 Vendor’s representations

WaW shall neither be liable for actions or omissions of the Merchant nor you in regard to provision of the Goods and where Merchant applicable to your Order. WaW does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Merchants or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Merchant’s listing/offering on the Platform. Nothing in these Terms shall exclude Merchant’s liability for death or personal injury arising from Merchant’s gross negligence or willful misconduct.

13. MERCHANT LIABILITY

Merchant are responsible for the preparation, condition and quality of Goods. Merchants are responsible for the full handling and handing over of the Goods and/or Orders. WaW shall not be liable for any loss or damage arising from your contractual relationship with the Merchant. 

14. PERSONAL INFORMATION AND PRIVACY

You agree and consent to WaW and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms, and shall form a part of these Terms. 

15. INDEMNITY 

You agree to indemnify, defend, hold harmless WaW, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platform or your breach of these Terms. 

16. THIRD PARTY LINK AND WEBSITE 

The Platform may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. WaW does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. WaW accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.

17. TERMINATION 

WaW has the right to terminate, suspend or delete your account and access to the Platform, including any service we provide to you in respect of an Order, for any reason, including, without limitation, if WaW, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. WaW may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website or App.

18. AMENDMENTS AND IMPROVEMENT 

WaW may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platform. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platform immediately.

19. SEVERITY 

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

20. LAW AND REGULATION

These Terms shall be governed and construed in accordance with the laws of the Malaysia / courts of jurisdiction in which What A Waste Plt entity is incorporated. 

21. CONTACT US 

If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email or via our in-app customer support feature.

22. LANGUAGE TERM

In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.