Terms and Conditions
These terms and conditions (“Terms”) govern your use of services and features on ON ON mobile application (“App”) and other mobile applications or websites operated by or on behalf of TGT Automotive Solutions Sdn Bhd (“TGT”, “our”, “we” or “us”).
Please read these Terms carefully before using any services or ordering any products through the App, as your use of the App and purchase of any products offered on the App is subject to these Terms. Your access and use of our services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and TGT.
If you do not accept these Terms, you may not access or use our services. These Terms expressly supersede prior agreements or arrangements with you. TGT may immediately terminate these Terms or any services with respect to you, or generally cease offering or deny access to the services or any portion thereof, at any time for any reason.
We reserve the right to change these Terms from time to time. Amendments and changes will be effective upon updating the Terms on this location. Your continued access or use of our services after such updates constitutes your consent to be bound by the Terms, as amended.
TERMS AND CONDITIONS OF USE
- OUR SERVICES
- ON ON App provides a technology platform for you to communicate your orders (“Orders”) for products (“Products”) to merchants or restaurants (“Restaurants”) displayed on the App and to arrange delivery of the Products with independent third party logistic or transportation providers (“Delivery Partners”) (“Services”). Restaurants and Delivery Partners are also collectively knowns as “Third Party Providers”. You acknowledge that the supply and delivery of Products are services provided by independent third party contractors who are not employed by TGT.
- We will provide you with a user name and you will select a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You are also responsible for ensuring that all persons who access the App through your mobile phone and account are aware of these Terms and they comply with them.
- You must maintain an active account in order to continue using our services. You agree to ensure that information in your account remains accurate, current and complete at all times. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment details or invalid address, may result in your inability to access and use the Services or termination of these Terms with you.
- PROCESSING OF YOUR ORDER
- Placing your Order: Once you select the Products you wish to order from the menu of your chosen Restaurant and provide other required information, you will be given the opportunity to submit your Order by clicking or selecting the “proceed”, “place my order”, “checkout” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected. Once you submit your Order and your payment has been authorised, you will not be entitled to change or cancel your Order.
- Processing your Order: On receipt of your Order, we will begin processing it by sending it to the relevant Restaurant and Delivery Partner. We will notify you by email that your Order has been received and is being processed. Any confirmation that you may see on the App and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that the Restaurant has accepted your Order. Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (by email or SMS) as soon as reasonably practicable if a Restaurant rejects your Order. When a Restaurant confirms receipt of the order and expected collection or delivery time, we will send you an SMS confirmation (provided that you have given us your mobile telephone number).
- Delivery of your Order: Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither TGT nor the Restaurants or Delivery Partners guarantee that Orders will be delivered within the estimated times. All food preparations are the sole responsibility of the Restaurant accepting the Order whereas all food deliveries are the sole responsibility of the Delivery Partner accepting the delivery order. To the extent permitted by law, we accept no liability associated with food preparation or delivery by the Restaurant and Delivery Partner accepting the order.
- Medical condition: You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Restaurant directly to check that the food is suitable for you, before placing your order directly with them.
- PRICE AND PAYMENT
- Payment for Orders: Payment must be made by an accepted credit or debit card through the App. Where any payment you make is not authorised or any payment details you provide is invalid and the payment fails to go through, your Order will not be processed by or communicated to the relevant Restaurant. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.
- Charges: You understand that use of the Services may incur charges to you for the services or products you receive from Third Party Providers (“Charges”). We will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges by Restaurants: Prices for individual menu items or products will be as quoted on the App in Malaysian Ringgit (MYR). These prices include any applicable taxes required by law but exclude delivery costs. Charges by Delivery Partner: Delivery costs will appear as a separate charge and added to the total amount payable on the order confirmation page. Charges paid by you are final and non-refundable, unless otherwise determined by TGT. We reserve the right to establish, remove and/or revise Charges for any or all services or products obtained through the use of the Services at any time in our sole discretion.
- Rejected Orders or Failed Transactions: Once you have confirmed an Order that you are paying for by credit or debit card and your payment has been authorised, you will be charged the full amount of your Order. If your Order is subsequently rejected by the Restaurant or cancelled for any other reason, your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
- LICENCE AND RESTRICTIONS
5.1 License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the App on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. The Services and all rights therein including the copyright or other intellectual property rights in the App and in material published on it are owned by us. Any rights not expressly granted herein are reserved by TGT.
5.2 Restrictions: You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services or use or reference in any manner TGT or ON ON’s names, logos, product and service names, trademarks or services markes; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by TGT; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
- We may make changes to the material and information on the App, or to the Service, Products and prices described on it, at any time without notice. We provide you with access to the App and Services, as available, and on the basis that, we disclaim all representations, warranties, conditions, undertakings and other terms not expressly set out herein, including any warranties of merchantibility, fitness for a particular purpose, which might otherwise applied or implied by statute, common law or otherwise. TGT makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services requested through the use of the App, or that the Services will be uninterrupted or error-free. We do not guarantee the quality, suitability, safety or availability of services by Third Party Providers. You agree to bear the entire risks arising out of your use of the Services, and any service or product requested in connection therewith.
- The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We do not give any undertaking that the Products ordered from any Restaurant through the App will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties. All pictures shown for restaurants or products are for illustration purpose only. Actual products may vary. If you are dissatisfied with the quality of any Products or the service provided by a Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant directly to lodge your complaint and, where appropriate, follow the Restaurant’s own complaint procedures. Please note that we have no control over the actions or omissions of any Restaurant, and the quality of the individual Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.
- The legal contract for the delivery of Products is between you and the Delivery Partner. We do not give any undertaking that the Products will be delivered within the estimated time and that the Products delivered will be of satisfactory quality or suitable for your purpose. Please note that we have no control over the actions or omissions of any Delivery Partner, and the quality of the service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Delivery Partner.
- EXCLUSION AND LIMITATION OF LIABILITY
- These Terms do not purport to limit any liability that cannot be excluded or limited under the applicable law. Subject to your statutory rights, TGT shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, for indirect, incidental, special exemplary, punitive or consequential damages, (including lost of profits, business opportunity, anticipated savings, goodwill, data and information or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions) related to, resulting from or in connection with any use (or inability to use) of the Services or the App. TGT shall not be liabile for any damages, liability or losses arising out of any transaction or relationship between you and Third Party Providers, even if foreseeable or TGT has been made aware of the possibility of such damages (including any delay or non-performance resulting from any action or omission of Third Party Provider or in any cases beyond our reasonable control).
- TGT’s total liability to you in respect of all other losses arising under or in connection with the Services or the App (through any cause of action), shall in no circumstances exceed the value of your Order or RM 200, whichever is lower.
- You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
- You agree to indemnify and hold TGT and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
- We may terminate or suspend (at our absolute discretion) your right to use the Services or the App immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have used the Services and the App in breach of these Terms.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any acts, events, non-happenings, omissions or accidents beyond the reasonable control of the party to perform and in particular but without limiting the generality thereof shall include lock-outs, strikes, industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, threat of or preparation for war, fire, explosion, flood, natural disaster, or impossibility of the use of public and private transport and telecommunication networks.
- GOVERNING LAW AND JURISDICTION
- These Terms shall be governed by and construed in all respects in accordance with the law of Malaysia. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Malaysia.
- ADDITIONAL TERMS
- These Terms constitute the entire agreement and understanding between you and us and they supersede and cancel all other agreements and understandings and any warranty, representation, guarantee or other term and condition of any nature not contained in these Terms between us concerning its subject matter. The headings in these Terms are included for convenience only and shall not affect their interpretation.
- If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
- You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates, subsidiary, or any business that we enter into a joint venture with, purchase or are sold to. No joint venture, partnership, employment or agency relationship exists between you, TGT or any Third Party Provider as a result of the contract between you and TGT or use of the Services.