TERMS AND CONDITIONS

ENGLISH VERSION

Last Updated on: 10 August 2023

1. APPLICATION OF TERMS

1.1. These Terms of Use ("Terms") govern your use of the web applications and mobile

applications provided by Kewdoo (or referred to as "we","our","us" (collectively the

“"Platforms". Please read these Terms carefully. By setting up an account,

accessing and using the Service:

1.1.1. you agree to these Terms; and

1.1.2. where your access and use is on behalf of another person (e.g. a company),

you confirm that you are authorised to, and do in fact, agree to these Terms on

that person's behalf and that, by agreeing to these Terms on that person's

behalf, that person is bound by these Terms.

1.2. If you do not agree to these Terms, you are not authorised to access and use the

Service, and you must immediately stop doing so.

1.3. You must be 18 years or older or at least the age of majority in the jurisdiction where

you reside or from which you use this Service. You must hold a valid credit card,

bank account or e-wallet account at all times to pay the Charges.

1.4. Kewdoo 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, you agree to be bound by these Terms and

Conditions and changed Terms.

1.5. These Terms were last updated on 10 August 2023.

2. INTERPRETATION

In these Terms:

2.1. Confidential Information means any information that is not public knowledge and that

is obtained from the other party in the course of, or in connection with, the provision

and use of the Service. Our Confidential Information includes Intellectual Property

owned by us (or our licensors), including the Kewdoo Software. Your Confidential

Information includes the Data.

2.2. Data means all data, content, and information (including personal information)

owned, held, used or created by you or on your behalf that is stored using, or

inputted into, the Service.

2.3. Charges means the applicable charges for purchases of goods or services you

make from a Merchant.

2.4. Force Majeure means an event that is beyond the reasonable control of a party,

excluding:

2.4.1. an event to the extent that it could have been avoided by a party taking

reasonable steps or reasonable care; or

2.4.2. a lack of funds for any reason.

2.4.3. including and similar words do not imply any limit.

2.5. Intellectual Property Rights includes copyright and all rights existing anywhere in the

world conferred under statute, common law or equity relating to inventions (including

patents), registered and unregistered trademarks and designs, circuit layouts, data

and databases, confidential information, know-how, and all other rights resulting

from intellectual activity. Intellectual Property has a consistent meaning, and

includes any enhancement, modification or derivative work of the Intellectual

Property.

2.6. Merchant means a person that operates a store using our Kewdoo service.

2.7. Objectionable includes being objectionable, defamatory, obscene, harassing,

threatening, harmful, or unlawful in any way.

2.8. A party includes that party’s permitted assigns.

2.9. A person includes an individual, a body corporate, an association of persons

(whether corporate or not), a trust, a government department, or any other entity.

2.10. Personal information means information about an identifiable, living person.

2.11. Personnel includes officers, employees, contractors and agents, but a

reference to your personnel who does not include us.

2.12. Purchaser Privacy Policy means our purchaser privacy policy available from

time to time at the Website.

2.13. Sales Tax means goods and services tax, value added tax,sales tax or

equivalent tax payable under any applicable law.

2.14. Service means the service having the core functionality described on the

Website and Web Applications, as the Website, Web Application and Application is

updated from time to time, including the shared login functionality for Kewdoo

Merchant stores.

2.15. Start Date means the date that you set up an account.

2.16. Kewdoo Software means the software owned by us (and our licensors) that is

used to provide the Service.

2.17. Taxes means all applicable federal, provincial, state, local or other

governmental sales, goods and services, harmonized or other taxes, fees or

charges now in force or enacted in the future, including Sales Tax.

2.18. Terms means these terms titled Kewdoo Purchaser terms of use together

with the Purchaser Privacy Policy.

2.19. Underlying Systems means the Kewdoo Software, IT solutions, systems and

networks (including software and hardware) used to provide the Service, including

any third party solutions, systems and networks.

2.20. Website means the internet site at kewdoo.com, any other site that belongs to

our affiliated merchants or such other site notified to you by us.

2.21. Year means a 12-month period starting on the Start Date or the anniversary

of that date.

2.22. You or your means you or, if clause 1.1.2 applies, both you and the other

person on whose behalf you are acting.

2.23. Words in the singular include the plural and vice versa.

2.24. A reference to a statute includes references to regulations, orders or notices

made under or in connection with the statute or regulations and all amendments,

replacements or other changes to any of them.

3. PROVISION OF THE SERVICE

3.1. We must use reasonable efforts to provide the Service:

3.1.1. in accordance with these Terms and Malaysia law;

3.1.2. exercising reasonable care, skill and diligence; and

3.1.3. using suitably skilled, experienced and qualified personnel.

3.2. Our provision of the Service to you is non-exclusive. Nothing in these Terms

prevents us from providing the Service to any other person.

3.3. Through the use of web services and APIs, the Service interoperates with a range of

third party service features. We do not make any warranty or representation on the

availability of those features. Without limiting the previous sentence, if a third party

feature provider ceases to provide that feature or ceases to make that feature

available on reasonable terms, we may cease to make available that feature to you.

To avoid doubt, if we exercise our right to cease the availability of a Third Party

feature, you are not entitled to any refund, discount or other compensation.

3.4. Any use by you of Third Party Services offered through the Services is entirely at

your own risk and discretion, and it is your responsibility to read the terms and

conditions and/or privacy policies applicable to such Third Party Services before

using them. In some instances, Kewdoo may receive a revenue share from Third

Party Providers that Kewdoo recommends to you or that you otherwise engage

through your use of the Services.

4. YOUR OBLIGATIONS

4.1. You must:

4.1.1. use the Service in accordance with these Terms solely for:

4.1.1.1. your own personal and/or business purposes; and

4.1.1.2. lawful purposes without violating any laws in your jurisdiction

(including but not limited to copyright laws), the laws applicable to you in

your customer's jurisdiction or the laws of Malaysia; and

4.1.2. not resell or make available the Service to any third party, or otherwise

commercially exploit the Service.

4.2. When accessing the Service, you must:

4.2.1. not impersonate another person or misrepresent authorisation to act on

behalf of others or us;

4.2.2. correctly identify the sender of all electronic transmissions;

4.2.3. not attempt to undermine the security or integrity of the Underlying Systems;

4.2.4. not use, or misuse, the Service in any way which may impair the functionality

of the Underlying Systems or impair the ability of any other user to use the

Service;

4.2.5. not attempt to view, access or copy any material or data other than:

4.2.5.1. that which you are authorised to access; and

4.2.5.2. to the extent necessary for you to use the Service in accordance with

these Terms;

4.2.6. neither use the Service in a manner, nor transmit, input or store any Data,

that breaches any third party right (including Intellectual Property Rights and

privacy rights) or is Objectionable, incorrect or misleading.

4.3. You must provide true, current and complete information in your dealings with us

(including when setting up an account), and must promptly update that information

as required so that the information remains true, current and complete.

4.4. If you are given a unique name and/or password (User ID), you must keep your User

ID secure and:

4.4.1. not permit any other person to use your User ID, including not disclosing or

providing it to any other person;

4.4.2. will not hold us liable for any loss or damage from your failure to maintain the

security of your User ID and/or password; and

4.4.3. immediately notify us if you become aware of any disclosure or unauthorised

use of your User ID, by sending an email to contact@kewdoo.com.

4.5. You must use the Service in accordance with all procedures we may notify you from

time to time.

4.6. A breach of any of these Terms by your personnel is deemed to be a breach of

these Terms by you.

4.7. You are responsible for procuring all licences, authorisations and consents required

for you and your personnel to use the Service, including to use, store and input Data

into, and process and distribute Data through the Service.

4.8. You are solely responsible for all your dealings with Merchants, including any

contracts to purchase or otherwise acquire goods or services. We do not take any

part in the sale or purchase of any items other than providing the Kewdoo Merchant

stores as a venue for Merchants and purchasers, and as set out in clause 10. We do

not act as agent for either party. We give no undertakings, representations,

guarantees or warranties in relation to items listed, sold or purchased using the

Service.

5. ORDERS

5.1. Minimum Order Value - Some Orders 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 of paying the difference to meet the MOV or

to add more Goods to your Order.

5.2. Special Instructions –Kewdoo and the Vendor (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, Kewdoo

and/or the Vendor reserve the right to proceed to prepare the Order in accordance

with standard operating procedures. Neither Kewdoo nor the Vendor shall be

responsible to replace or refund an Order which does not conform to special

instructions provided by you.

5.3. Allergens – Kewdoo is not obligated to provide ingredient information or allergen

information on the Platforms. Further, Kewdoo does not guarantee that the Goods

sold by Vendors are free of allergens. If you have allergies, allergic reactions or

dietary restrictions and requirements, please contact the Vendor before placing an

Order on our Platforms.

5.4. Please note that your Order may be subject to additional terms and conditions

provided by the Vendor.

5.5. Prior to placing the Order

5.5.1. You are required to scan QR code provided by the platform for dine-in and

pick-up ordering in order for the Platform to display the Vendors available during

the time.

5.5.2. Once you select a Vendor, you will be taken to that Vendor’s menu page for

you to select and add your Goods to the cart.

5.6. Placing the Order

To complete an Order, please follow the onscreen instructions after clicking ‘Review

Order’. 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 “Order

Now”. An Order is successfully placed when you receive an email confirmation

containing your Order receipt from us.

5.7. Cancelling an Order

5.7.1. Please contact us immediately via our in-app customer support link if you wish

to cancel your Order after it has been placed.

5.7.1.1. Refunds

(i) Online Payment Orders

You have the right to a refund for a cancelled Order only if a Vendor has

not yet accepted your Order. Should you still decide to cancel your Order

after it has been accepted by the Vendor, you understand that no refunds

(whether in whole or in part) will be issued to you and you forfeit the

delivery of your cancelled Order.

5.8. Refunds

5.8.1. Online Payment Orders

You have the right to a refund for a cancelled Order only if a Vendor has not yet

accepted your Order. Should you still decide to cancel your Order after it has

been accepted by the Vendor, you understand that no refunds (whether in

whole or in part) will be issued to you and you forfeit the delivery of your

cancelled Order.

If you are entitled to a refund in accordance with the refund and cancellation

policies set out in these Terms, we will credit the refund to the same online

payment method (such as FPX etc) used or Kewdoo credit (wallet or points) to

make the purchase.

We may require you to provide additional information or supporting documents

prior to processing any refund, including picture proof of physical receipts for

Dine-in and Pick-Up Orders. We may, in our sole discretion, refuse to process

any refund if you fail to provide such additional information or supporting

documents.

If you have not received a refund, you may wish to check your bank account

again or contact your credit card company or bank as it may take some time for

your refund to be posted. If you have done all of this and you still have not

received your refund, please contact customer support or email to

contact@kewdoo.com.

5.9. Kewdoo reserves the right to cancel any Order and/or suspend, deactivate or

terminate your Kewdoo account in its sole discretion if it reasonably suspects or

detects fraudulent behavior or activity associated with your Kewdoo account and/or

with your Order.

6. DELIVERY

6.1. Please refer to our delivery information page for the delivery area covered and we

may engage third party service provider to ensure delivery of the order within the

time slot selected. Whilst we aim to ensure the service level of such third party

service provider, we are not able to warrant their conduct or behaviour and shall not

be held responsible for any omissions or misconduct caused by such third party

service provider.

6.2. You understand that our Vendors or Platform offers their Goods in specific delivery

areas. By entering your delivery address on the Platform, you will know if your area

is applicable to our delivery area or coverage at that time. Delivery areas may

expand, shrink or change depending on weather and traffic conditions and situations

of force majeure.

6.3. Your order will be delivered at the timeslot selected and we endeavour to meet the

said delivery time slot however it may be occasionally delayed due to traffic flow,

weather conditions, unforeseen incidences or force majeure event, and we shall not

be held liable for failure to deliver.

6.4. If it is in our view that the delivery of your order is likely to be substantially delayed,

we will contact you to arrange an alternative delivery timeframe. If that timeframe is

unacceptable to you, you may decline to accept the order and we will refund you the

cost of such order or credit the cost of such order to your account balance which can

be applied to your next order, at your option. The processing of the refund may take

up to thirty (30) working days.

6.5. You are responsible to be available at the time of delivery and ensure adequate

arrangement is made. All risk in the products shall pass to you upon delivery. In any

event where we are unable to reach you, we will attempt to contact you at the phone

number given and the driver is unable to find a safe location to leave the drink and if

you 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.

6.6. We shall not be held responsible for your failure to provide adequate access,

information or arrangements for delivery. If we cannot change the delivery address,

you have the option to cancel the order, but if food preparation has started you will

be charged the full price for the Item, and if the driver has been despatched you will

also be charged for delivery.

6.7. To ensure the highest quality of the meal served, it is highly recommended that all

meals should be consumed immediately after delivery.

6.8. If you are entitled to a refund in accordance with the refund and cancellation policies

set out in these Terms, we will credit the refund to the same online payment method

(such as FPX etc) used or Kewdoo credit (wallet or points) to make the purchase.

7. PRICES AND PAYMENTS

7.1. All prices are in Malaysian Ringgit (MYR) unless stated. Prices and offers on the

Platform may vary from the prices and you accept that offers offered by our

Vendors. We reserve the right to review the prices from time to time. Payment can

be made online (via FPX bank transfer, E-wallet or credit card payment).

7.2. The way we display the prices of our Goods may vary depending on the Vendor,

and the prices reflected on our Platforms may:

7.2.1. include SST, VAT or such other equivalent tax; or ; or

7.2.2. exclude SST, VAT or such other equivalent tax.

7.3. Delivery fees are chargeable on every Order unless:

7.3.1. you opt to collect your Order directly from the Vendor (“Pick-Up”);

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

or unless stated otherwise.

7.4. Prices and additional charges (including but not limited to Delivery, Small Order or

Service fees) indicated on the Platforms are as at the time of each Order and may

be subject to change.

7.5. A breakdown of the prices and additional charges (including but not limited to

Delivery, Small Order or Service fees) 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.

7.6. You can choose to pay for an Order using any of the different payment methods

offered on the Platforms including:

7.6.1 Our payment third party partners: Visa, Mastercard, 2c2p, Razer Pay,

SenangPay;

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

7.7. 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.

7.8. Payment Methods

Kewdoo 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. Kewdoo does not store your credit card or payment information.

7.9. You must ensure that you have sufficient funds on your credit and debit card to fulfil

payment of an Order. Insofar as required, Kewdoo takes responsibility for payments

made on our Platforms including refunds, chargebacks, cancellations and dispute

resolution, provided if reasonable and justifiable and in accordance with these

Terms.

8. ACCOUNT AND REGISTRATION

8.1. When ordering through the Website or the Apps, you are required to provide certain

information or to register for an account, and information required includes your

name, email address, credit card number, phone number and delivery address. You

warrant that you have the legal capacity to use and to order through the Website or

the App. You agree that the information you provide to us is accurate and that you

will keep it accurate and up-to-date. You are solely responsible for maintaining the

confidentiality of your account and password. You agree to accept responsibility for

all activities that occur under your account.

8.2. You may close your account at any time by requesting to do so by contacting us

using the contact details above. If you have reason to believe that your account is no

longer secure, then you must immediately notify us at contact@kewdoo.com. We

reserve the right to terminate or suspend your account at anytime if we believe there

is unusual activity on it.

8.3. We shall take all commercially reasonable measures in securing your orders and

personal details, and will ensure that said details are retained only as long as

necessary for the transaction and for the provision of the products and services to

you. However, in the absence of fault on our part, we shall not be held liable for any

loss that you may suffer in the event unauthorized access by third party to any data

provided when accessing or ordering from the Website or the Apps unless we have

been proved to be negligent in securing the information provided.

9. DATA

9.1. You acknowledge that:

9.1.1. we may require access to the Data to exercise our rights and perform our

obligations under these Terms; and

9.1.2. to the extent that this is necessary but subject to clause 12, we may authorise

a member or members of our personnel to access the Data for this purpose.

9.2. You must arrange all consents and approvals that are necessary for us to access

the Data as described in clause 9.1.

9.3. You acknowledge and agree that:

9.3.1. we may:

9.3.1.1. use Data and information about your use of the Service (including

purchases from Merchants) to develop and improve our Service, offer our

products and services to you and Merchants, assist partnerships to offer

new services and features to you and Merchants, and generate

anonymised and aggregated statistical and analytical data (Analytical

Data);

9.3.1.2. use Analytical Data for our internal research and product development

purposes and to conduct statistical analysis and identify trends and

insights;

9.3.1.3. provide advertisers with reports about the kinds of people seeing their

ads and how their ads are performing, Personal information (such as your

name or email address that by itself can be used to contact you or

identifies who you are) unless you give us permission. For example, we

provide general demographic and interest information to advertisers (for

example, that an ad was seen by a woman between the ages of 25 and 34

who lives in Kuala Lumpur and likes software engineering) to help them

better understand their audience. We also confirm which ads led you to

make a purchase or take an action with an advertiser.

9.3.1.4. provide information and content to vendors and service providers who

support our business, such as by providing technical infrastructure

services, analysing how our Products are used, providing customer

service, facilitating payments or conducting surveys.

9.3.2. Our rights under clause 9.3.1 above will survive termination of expiry of the

Agreement;

9.3.3. notwithstanding anything to the contrary, you may at any time withdraw your

consent to us from processing any personal data of yours or to any part or

portion of the same by sending us an email of the notice of withdrawal and

within the period prescribed under the PDPA. We shall take all necessary

measures to give effect to your withdrawal of consent, to the extent that such

withdrawal does not conflict with any of our other legal obligations; and

9.3.4. title to, and all Intellectual Property Rights in, Analytical Data is and remains

our property.

9.4. You acknowledge and agree that to the extent Data contains personal information:

9.4.1. you consent to the processing of your personal information by us, and agree

for us to deal with Data that is personal information in accordance with the

Purchaser Privacy Policy; and

9.4.2. you must obtain all necessary consents from the relevant individual to enable

us to collect, use, hold and process that information in accordance with these

Terms.

9.5. While we will take standard industry measures to back up all Data stored using the

Service, you agree to keep a separate back-up copy of all Data uploaded by you

onto the Service.

9.6. You agree that we may store and transmit Data (including any personal information)

outside of the country, state, or province in which you are located.

9.7. You indemnify us against any liability, claim, proceeding, cost, expense (including

the actual legal Charges charged by our solicitors) and loss of any kind arising from

any actual or alleged claim:

9.7.1. by a third party that any Data (including your possession or use of Data)

infringes the rights of that third party (including Intellectual Property Rights and

privacy rights) or that the Data is Objectionable, incorrect or misleading; and

9.7.2. by any person relating to your dealings with Merchants, including contracts for

the purchase of goods or services.

10. ALCOHOLIC PRODUCTS

10.1. Where you place an order for or purchase alcohol or any alcoholic products

through the Service, you represent and warrant that you and all other persons for

whom you are placing the order for or purchasing the alcohol or alcoholic products

are at least of Legal Drinking Age (as defined below), non-Muslim and understand

that consuming alcohol may be harmful to health (i.e. MEMINUM ARAK BOLEH

MEMBAHAYAKAN KESIHATAN).

10.2. The Legal Drinking Age is twenty one years old and above in Malaysia.

10.3. We, the Platform, Vendors or Merchant and the delivery service provider

reserve the right to request for valid proof that you and the persons for whom you

are placing the order for fulfil the conditions prescribed in clause 3 (1) above

(including without limitation, request for a copy of your identity card or passport for

age and religion verification). Without prejudice to any rights and remedies we, the

Merchant or the delivery service provider may have, we and/or the Merchant reserve

the right to cancel or revoke or refuse to deliver or fulfil your order or purchase of

alcohol or alcoholic products if we, the Merchant or the delivery service provider

think that the condition(s) prescribed in clause 3(1) above is/are not fulfilled (whether

by you or by the person(s) for whom you are placing the order for), and we, the

Merchant and the delivery service provider shall not be liable to make any refund for

payment you have made to us in such instance.

10.4. In the event you and/or the person(s) for whom you are placing the order for

do not fulfil the condition(s) prescribed in clause 4 (1), you agree, covenant and

undertake that you shall solely bear all consequences thereof; we, the Merchant and

the delivery service provider shall not be liable to any action or proceeding brought

by you and/or the person(s) for whom you are placing the order for (whether arising

from or in connection with the taking of any action or inaction pursuant to clause 3

(2) or otherwise); and you shall indemnify and hold us and (as applicable) the

Kewdoo Indemnified Persons harmless from any loss, damage, liability, claim,

proceeding, cost, expense, including reasonable attorneys' fees, arising out of your

breach of clause 3 or any misrepresentation, action or omission on your part which

result in a breach of any law by us, the Merchant and/or the delivery service

provider.

11. CHARGES

11.1. You must pay us the Charges for all purchases you make from Merchants,

together with any applicable Taxes. The Charges are non-refundable by us. If you

have any issues with goods or services you purchase from a Merchant you must

contact the Merchant for any refund or other remedy.

11.2. The Charges exclude Sales Tax, which you must pay on Sales Tax taxable

supplies.

11.3. You must pay the Charges:

11.3.1. immediately when you purchase goods or services from a Merchant;

and

11.3.2. using a valid credit card, electronically in cleared funds, e-wallet, bank

transfer, cash or delivery without any set off or deduction.

11.4 You are responsible for all applicable Taxes that arise from or as a result of

your subscription to or use of the Service and any purchases from Merchants.

11.5 You acknowledge and agree that our sole obligation in relation to Charges is

to use reasonable endeavours to pay the Charges to the applicable Merchants, less

any applicable Taxes we are obliged by law to collect, in accordance with the

Merchant payment schedule on the Website from time to time.

12. INTELLECTUAL PROPERTY

12.1. Subject to clause 11.2, title to, and all Intellectual Property Rights in, the

Service, the Website, and all Underlying Systems is and remains our property (and

our licensors' property). You must not contest or dispute that ownership, or the

validity of those Intellectual Property Rights.

12.2. Title to, and all Intellectual Property Rights in, the Data (as between the

parties) remains your property. You grant us a worldwide, non-exclusive, fully paid

up, transferable, irrevocable licence to use, store, copy, modify, make available and

communicate the Data for any purpose in connection with the exercise of our rights

and performance of our obligations in accordance with these Terms.

12.3. To the extent not owned by us, you grant us a royalty-free, transferable,

irrevocable and perpetual licence to use for our own business purposes any know-

how, techniques, ideas, methodologies, and similar Intellectual Property used by us

in the provision of the Service.

12.4. If you provide us with ideas, comments or suggestions relating to the Service

or Underlying Systems (together feedback):

12.4.1. all Intellectual Property Rights in that feedback, and anything created as a

result of that feedback (including new material, enhancements, modifications or

derivative works), are owned solely by us; and

12.4.2. we may use or disclose the feedback for any purpose.

12.5. You acknowledge that the Service may link to third party websites or feeds

that are connected or relevant to the Service. Any link from the Service does not

imply that we endorse, approve or recommend, or have responsibility for, those

websites or feeds or their content or operators. To the maximum extent permitted

by-law, we exclude all responsibility or liability for those websites or feeds.

13. CONFIDENTIALITY

13.1. Each party must, unless it has the prior written consent of the other party;

13.1.1. keep confidential at all times the Confidential Information of the other party;

13.1.2. effect and maintain adequate security measures to safeguard the other

party's Confidential Information from unauthorised access or use; and

13.1.3. disclose the other party's Confidential Information to its personnel or

professional advisors on a need to know basis only and, in that case, ensure

that any personnel or professional advisor to whom it discloses the other party's

Confidential Information is aware of, and complies with, clauses 12.4.1 and

12.4.2.

13.2. The obligation of confidentiality in clause 12.1 does not apply to any

disclosure or use of Confidential Information:

13.2.1. for the purpose of performing a party’s obligations, or exercising a party’s

rights, under these Terms;

13.2.2. required by law (including under the rules of any stock exchange);

13.2.3. which is publicly available at the time we received it through no fault of the

recipient of the Confidential Information or its personnel;

13.2.4. which was rightfully received by a party from a third party without restriction

and without breach of any obligation of confidentiality; or

13.2.5. by us if required as part of a bona fide sale of our business (assets or shares,

whether in whole or in part) to a third party, provided that we enter into a

confidentiality agreement with the third party on terms no less restrictive than

this clause 12.

14. WARRANTIES

14.1. Each party warrants that it has full power and authority to enter into, and

perform its obligations under these Terms.

14.2. To the maximum extent permitted by law:

14.2.1. our warranties are limited to those set out in these Terms, and all other

conditions, guarantees or warranties whether expressed or implied by statute or

otherwise are expressly excluded and, to the extent that they cannot be

excluded, liability for them is limited to USD100.00; and

14.2.2. you use the Service at your own risk, and we make no representation

concerning the quality of the Service and do not promise that the Service will:

14.2.2.1. meet your requirements or be suitable for a particular purpose; or

14.2.2.2. be secure, timely, free of viruses or other harmful code, uninterrupted

or error-free.

14.2.3. To the extent you are acquiring the Service, and accepting these Terms, for

the purpose of trade, the parties agree that:

14.2.3.1. to the maximum extent permissible by law, any applicable consumer

protection legislation does not apply to the supply of the Service or these

Terms; and

14.2.3.2. it is fair and reasonable that the parties are bound by this clause 13.

14.2.4. Where legislation or rule of law implies into these Terms a condition or

warranty that cannot be excluded or modified by contract, the condition or

warranty

14.2.5.

14.2.6. is deemed to be included in these Terms. However, our liability for any breach

of that condition or warranty is limited, at our option, to:

14.2.6.1. supplying the Service again; and/or

14.2.6.2. paying the costs of having the Service supplied again.

15. LIABILITY

15.1. By using or ordering via the Website or the the App, you acknowledge and

agree that the use of the Website or the App is at your own risk and the maximum

extent permitted according to the applicable law, in no circumstances, shall we be

liable for any direct, indirect, incidental, special, consequential, or punitive damages,

losses, costs or expenses nor for any loss of profit that results from the use of, or

inability to use the Website or the App, or any application or material on any site

linked to this Website or the App (including but not limited to any viruses, bugs or

any other errors or defects or failures in computer transmissions or network

communications) even if we have been advised of the possibility of such damage. In

addition, no liability can be accepted by us in respect of any changes made to the

content of the Website or the App by unauthorized third parties. All express or

implied warranties or representations are excluded to the maximum extent permitted

according to the applicable law.

15.2. We disclaim any and all liability to you for the supply of the delivery and

products to the fullest extent permissible under applicable laws unless the loss or

damage is due to our willful misconduct, or gross negligence. This however shall not

affect your statutory rights as a consumer under applicable laws. In the event that

we are found liable for any loss or damage, such liability is limited to the amount that

you have paid for the relavant products. We shall not be liable for any consequential,

indirect or special damage, howsoever arising.

15.3. In the event of reasonable reasonable belief that there exists an abuse of

promotional event and/or suspects instances of fraud, we may cause the suspected

user to be blocked immediately and reserves the right to refuse future services.

Additionally, should there exist an abuse of vouchers or discount codes, we reserve

the right to seek compensation or damages from any and all violators. Any

promotions or offers are subject to our sole discretion and may be withdrawn at any

time and without prior notice.

15.4. The Website or the App may include content, information or links to third

parties or third party sites. We shall not be held responsible for the content of any

such sites or neither for the content of any third party advertising or sponsorship nor

for compliance of such with any regulations. The links may be accessed at your own

risk and we make no representations or warranties about the content, completeness,

or accuracy of these links or the sites hyperlinked to this Website or the App. You

agree to hold harmless and relieve us from any liability whatsoever arising from your

use of information from a third party or your use of any third-party website. You

agree to indemnify, defend and hold us harmless from and against all losses,

expenses, damages and costs, including reasonable attorneys’ fees, resulting from

any use of the Website or the App, or as a result of violation of this Terms and

Conditions by you or through use of your account.

15.5. Each party must take reasonable steps to mitigate any loss or damage, cost

or expense it may suffer or incur arising out of anything done or not done by the

other party under or in connection with these Terms or the Service.

16. TERM, TERMINATION AND SUSPENSION

16.1. Unless terminated under this clause 15, these Terms and your right to access

and use the Service:

16.1.1. starts on the Start Date; and

16.1.2. continues until a party gives at least 24 hours’ notice that these Terms and

your access to and use of the Service will terminate on the expiry of that notice.

16.2. Either party may, by notice to the other party, immediately terminate these

Terms and your right to access and use the Service if the other party:

16.2.1. breaches any material provision of these Terms and the breach is not:

16.2.1.1. remedied within 10 days of the receipt of a notice from the first party

requiring it to remedy the breach; or

16.2.1.2. capable of being remedies; or

16.2.1.3. becomes insolvent, liquidated or bankrupt, has an administrator,

receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent

appointed, becomes subject to any form of insolvency action or external

administration, or ceases to continue business for any reason.

16.3. Termination of these Terms does not affect either party's rights and

obligations that accrued before that termination.

16.4. On termination of these Terms, you must pay all Charges for purchases from

Merchants made prior to that termination.

16.5. No compensation is payable by us to you as a result of termination of these

Terms for whatever reason, and you will not be entitled to a refund of any Charges

that you have already paid.

16.6. Except to the extent that a party has ongoing rights to use Confidential

Information, at the other party's request following termination of these Terms but

subject to clause 15.5, a party must promptly return to the other party or destroy all

Confidential Information of the other party that is in the first party's possession or

control.

16.7. Without limiting any other right or remedy available to us, we may restrict or

suspend your access to and use of the Service and/or delete, edit or remove the

relevant Data immediately if we consider that you or any of your personnel have:

16.7.1. undermined, or attempted to undermine, the security or integrity of the

Service or any Underlying Systems;

16.7.2. used, or attempted to use, the Service:

16.7.2.1. for improper purposes; or

16.7.2.2. in a manner, other than for normal operational purposes, that

materially reduces the operational performance of the Service;

16.7.2.3. transmitted, inputted or stored any Data that breaches or may breach

these Terms or any third party rights (including Intellectual Property Rights

and privacy rights), or that is or maybe Objectionable, incorrect or

misleading; or

16.7.2.4. otherwise materially breached these Terms.

17. SEVERABILITY

17.1. 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.

18. LAW AND JURISDICTION

18.1. These Terms and Conditions shall be governed by and construed in

accordance with the laws and Malaysia. The parties hereto submit to the exclusive

jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts

between us shall be made or conducted in the English language.

19. VOUCHERS, DISCOUNTS AND PROMOTIONS

19.1. From time to time, Kewdoo may run marketing and promotional campaigns

which offer voucher codes, discounts, and other promotional offers to be used on

the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption

periods, and in certain cases, may only be used once.

19.2. Vouchers may not be valid when used in conjunction with other promotions,

discounts or other vouchers. Additional terms and conditions may apply to

Vouchers.

19.3. Unless otherwise stated, Vouchers can only be used on our Platforms.

19.4. Vouchers cannot be exchanged for cash.

19.5. Kewdoo reserves the right to void, discontinue or reject the use of any

Voucher without prior notice Individual restaurants terms & conditions apply.

19.6. We may exclude certain Vendors from the use of Vouchers at any time

without prior notice to you.

19.7. You can ″apply″ a voucher to your account by

19.7.1. entering the Voucher code (if any) at the point you place an order, or

19.7.2. by adding any reward that we make available to you in the ″Voucher″ page

section of your account page. Unless otherwise stated, a voucher that has been

applied to your account will remain there until it is ″redeemed″ against an

eligible order, or expires (whichever is sooner).

19.8. Account Credits are Credits that we apply to your account ourselves. In either

case, once any Credit has been applied to your account, the amount of the Credit

remains on your account until redeemed as payment for Items, unless it is lost, or, in

the case of Vouchers, it expires in accordance with the terms of that Voucher. The

reasons why Credits may be lost or Vouchers may expire are set out in these Credit

Terms.

19.9. Vouchers offered in a particular country and currency may be subject to

geographical restrictions that mean they cannot be used in a different country or

currency. Vouchers are usually offered subject to conditions, such as time limits,

geographic limits, limits to particular categories of customer (e.g. new customers), or

use only at a particular menu item.

19.10. If conditions apply they will be stated when we offer the Voucher. Some

Vouchers are only available to new customers (“New Customer Vouchers”). That

means that the Voucher is applied (subject to any other applicable conditions)

automatically when the Customer registers a new Kewdoo account and will be

redeemed when the Customer places their first eligible order.

19.11. Kewdoo reserves the right to refuse to apply and/or allow you to redeem a

new customer Voucher if you are registering a new account using credit card details

or a delivery name and address and phone number already on our system.

19.12. Use of a Voucher in payment or part-payment may also be subject to specific

conditions applicable to that Voucher only, such as a specific minimum order value

or that the Voucher may only be redeemed at on specific Items. If the order placed

does not comply with the applicable conditions, the Credit may not be redeemed

against that order. The payment page on our Site where you confirm your order for

Items will show the total order value and the applicable Voucher, if any. If there is a

Voucher credit on your account which does not apply to your order, it will not appear

on the payment page. At that point you will have the choice of paying in another way

or cancelling the order. Unless we tell you otherwise, all Vouchers must be

redeemed within one calendar month of the date they are applied.

19.13. Only one Voucher can be redeemed per order. Each Voucher can only be

used once per customer. If you have more than one eligible Voucher applied to your

account when you place an order, the Vouchers are redeemed in order of expiry

date, with the Voucher expiring the earliest redeemed first.

19.14. Vouchers cannot be redeemed in conjunction with any other Kewdoo offer.

19.15. If you cancel an order made using a Voucher, the Voucher credit will not be

restored to the account and the Voucher cannot be re-used. If the Voucher was a

New Customer Voucher, you will no longer be a new customer and will not be

eligible for any subsequent new customer Vouchers. We reserve the right to not

honour the voucher code if we believe the above terms and conditions have not

been met.

19.16. Item orders are generally subject to minimum order values, which continue to

apply regardless of whether payment or part-payment is by way of a Credit. Credits

cannot be exchanged for cash or any other alternatives and have no monetary

value.

19.17. Any attempt to manipulate our Site and our offers of Credits by use of bulk

entry via third parties or syndicates, macros, ″script″, ″brute force″, masking identity

by manipulating IP addresses, using identities other than their own or any other

automated means (including systems which can be programmed to enter), will

render the order and the relevant Credit invalid. Kewdoo is entitled to take all

reasonable steps to protect itself against fraudulent or invalid Credit redemptions,

including requiring additional reasonable verification close the accounts of any

customers it reasonably believes have carried out any such acts.

20. GENRAL

20.1. We reserve the right to refuse service to anyone for any reason at any time.

20.2. Neither party is liable to the other for any failure to perform its obligations

under these Terms to the extent caused by Force Majeure.

20.3. No person other than you and us has any right to a benefit under, or to

enforce, these Terms.

20.4. Subject to clause 9.4, we are your independent contractor, and no other

relationship (e.g. joint venture, agency, trust or partnership) exists under these

Terms.

20.5. If we need to contact you, we may do so by email or by posting a notice on

the Website. You agree that this satisfies all legal requirements in relation to written

communications. You may give notice to us under or in connection with these Terms

by emailing contact@kewdoo.com.

20.6. These Terms, and any dispute relating to these Terms or the Service, are

governed by and must be interpreted in accordance with the laws of Malaysia. Each

party submits to the non-exclusive jurisdiction of the Courts of Singapore in relation

to any dispute connected with these Terms or the Service.

20.7. These Terms set out everything agreed by the parties relating to the Service,

and supersede and cancel anything discussed, exchanged or agreed prior to the

Start Date. The parties have not relied on any representation, warranty or

agreement relating to the Service that is not expressly set out in these Terms, and

no such representation, warranty or agreement has any effect from the Start Date.

20.8. You may not assign, novate, subcontract or transfer any right or obligation

under these Terms without our prior written consent, that consent not to be

unreasonably withheld. You remain liable for your obligations under these Terms

despite any approved assignment, subcontracting or transfer.