Terms of Service

Welcome to the dBazzar Platform (hereinafter referred as“Platform”, “Service” or “Application”) run by dBazzar Sdn Bhd and its affiliates and affiliates (individually and collectively, "dBazzar", "we", "us" or "our"). BY VISITING OUR WEBSITE AND CLICKING OR CHECKING “SIGN UP”, “I AGREE TO dBAZZAR’S TERM OF USE” OR SIMILAR STATEMENTS AVAILABLE AT THE dBAZZAR REGISTRATION PAGE, YOU (the “USER”) (ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF AND UNDERSTOOD AND AGREE TO THE TERMS OF SERVICE AND IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS OF USE REGULARLY. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS TERM OF USE, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR WEBSITE

We may update this Term of Use from time to time. Any changes we make to this Term of Use in the future will be posted on our dBazzar website (the "Platform") (we refer to the Platform and the services we provide as described in our Platform collectively as the "Services") and, where appropriate, notified to you, whereupon your continued use of the Services, access to the Platform or use of the Services

dBAZZAR IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. dBAZZAR’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. dBAZZAR IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY MERCHANT AND/OR THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE MERCHANT AND/OR THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF dBAZZAR AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY dBAZZAR.

REPRESENTATIONS, WARRANTIES & UNDERTAKINGS
2.1. By using the Service, you represent, warrant / undertake that:

(a) You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

(b) IF YOU ARE UNDER THE AGE OF 18, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINORS BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

2.2. All the information which you provide shall be true and accurate and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement.; You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, dBazzar has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

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2.4 You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;

2.5 You agree to notify us immediately of any unauthorized use of your account or any other breach of security

2.6 You will not try to interrupt or harm the Service, Application and/or the Software in any way;

2.7 You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;

2.8 You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

2.9 You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

2.10 You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

2.11 You will not use the Application to cause nuisance or behave in an inappropriate or disrespectful manner towards dBazzar or any third party;

2.12 When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;

2.13 You agree that the Service is provided on a reasonable effort basis;

2.14 You agree that your use of the Service will be subject to dBazzar’s Privacy Policy;

2.15 You agree to assist dBazzar with any internal or external investigations as may be required by dBazzar in complying with any prevailing laws or regulations in place;


Compataibility
3.1 Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application and Platform. While we continuously develop the Application and Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application and Platform is likely to be accessed from, we do not warrant compatibility of the Application and Platform with specific mobile devices or other hardware.


ORDERING – GOODS (INCLUDING FOOD & BEVERAGE)
The Application allows you to place orders for goods from Merchants which at your option when placing the order(s), may be delivered to you by in-house and or Third-Party Delivery Services Provider (“Delivery Service Provider(s)”) or be made available for self pick-up from the respective Merchants during the time period as specified in the Application or otherwise communicated by dBazzar. dBazzar does not own, sell or resell any goods items and does not control the Merchants, the Delivery Partners or any services provided by them. You understand that any order that you place shall be subject to the product availability and delivery location serviceability of the Merchants and/or the Third Party Providers. All goods order and delivery bookings placed on the Application are treated as confirmed. You shall not be entitled to cancel your booking once you have received a confirmation. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery fee in full regardless of whether the order has been prepared by the Merchant. For the avoidance of doubt, where you have opted to self-pick up a Food & Beverage Order (“Food Order”), you will be deemed to have cancelled the food & beverage Order by not collecting it within the time period specified in the Application or otherwise communicated by dBazzar. Neither dBazzar nor the Merchants shall be responsible to retain the Food Order for your collection after the said period has lapsed. Upon your successful completion of a booking, the Merchants may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, dBazzar is not involved in and will not be responsible for any separate arrangement between you and the Merchant regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application. Merchant may not to process your booking in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered. The Merchant shall be solely responsible for any warranty in relation to, and quality of, the goods sold to you.


PRICE & PAYMENT
The prices of goods items reflected in the Application are determined solely by the Merchant and are listed for information only. All prices listed on the Platform are correct at the time of publication; however, Merchant and/or dBazzar reserve the right to remove and/or revise the prices in the future. Prices are inclusive of the relevant sales tax and delivery charges. Prices of goods items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the Merchant, be incorrectly reflected and in such an event the Merchant may cancel your order(s). YOU ACKNOWLEDGE AND CONFIRM THAT dBAZZAR MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF USER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION. The total price for goods ordered, including delivery charges and other charges, will be displayed on the Platform when you place your order. You are required to make full payment for all goods and/or services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable. Automated payment may be made by SarawakPay or where available by such other methods as are made available in the Application. The terms of SarawakPay payments made by you through the Application will be governed by the SarawakPay Terms of Use, accessible via the https:// https://sarawakpay.sarawak.gov.my/ Terms-and-Conditions-of-Services website. If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the Order. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted goods item may be rounded and will be set out on the check out page for your Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. dBazzar will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. dBazzar may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. You may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.


DELIVERY
You are responsible for ensuring that the delivery details entered by you on the Application are accurate and complete. dBazzar shall not be liable in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Application. After the delivery of the goods, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the goods items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf. Where you place an order for alcohol via the Application, you warrant you and any other person for whom you are placing the order for are (i) at least twenty-one (21) years old; (ii) non-Muslim; and (iii) capable of understanding that consumption of alcohol may be harmful for your health (“MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”). The Merchant and/or Delivery Service Provider shall have the right to (i) request to be shown your ID for age verification purposes; and to, (ii) refuse to deliver any alcoholic product to any person who at the time of delivery or self pick-up (A) does not appear to be at least twenty-one (21) years old and non-Muslim or (B) cannot prove that he/she is at least twenty-one (21) years old and non-Muslim or (C) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or self pick-up and in such an event you agree that dBazzar and the relevant Third Party Provider(s) shall not be liable to make any refund for payment already made to you. In the event you are under twenty-one (21) years old and non-Muslim, you hereby agree to solely bear the legal consequences, and agrees to indemnify, defend and hold harmless dBazzar and Merchant and/or Delivery Service Provider, their respective subsidiaries, affiliates, directors, officers, agents, co-branders or other partners (“Indemnified Party”), from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to any action in attempting to deceive, manipulate, conceal dBazzar, the Merchant, Delivery Partners, in relation to inaccuracy or breach of its representations, and/or its beach of any law or any rights of a third party, including but not limited to the aforementioned minimum age limit.


LOYALTY PROGRAMME & PROMOTIONS
7.1 From time to time, dBazzar may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. dBazzar reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. dBazzar reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms of Use.

7.2 dBazzar may, at its sole discretion, make promotional offers with different features and different rates on the Platform to any of the Users whereby these promotional offers shall accordingly be honored by you. dBazzar may change the Service Fee at any time at its sole discretion.


COMPLAINTS
8.1 Any complaints between Merchants and Users must be taken up with each other directly. For the avoidance of doubt, such complaints include, but are not limited to, complaints involving: (a) defects, safety, and/or imperfections of products or goods ordered or purchased by Users; (b) deceptive, inaccurate, or insufficient labeling, packaging, or information regarding the products or services sold or offered for sale by Merchants, as applicable; (c) loss or damage to goods incurred during conveyance or transport, as applicable or unless otherwise provided; (d) delays in delivery, as applicable or unless otherwise provided; or (e) other liability under applicable consumer protection, commercial, and criminal laws and/or administrative rules and regulations.


TAXES
You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend dBazzar to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.


DISCLAMIER
dBazzar and Merchant are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this marketplace. Therefore, opinions and views expressed in any Merchant’s content do not reflect that of dBazzar. dBazzar does not verify, vouch, review or otherwise endorse the content on any Merchant e-store/site. The Merchant is solely responsible for the content and everything else contained on their own site. Merchants may be held legally liable for the contents of their e-store/site should the content contain any defamatory comments or material protected by copyright, trademark, patent or trade secret or other laws without the permission of the author or owner. dBazzar is not responsible for the delivery or quality of any goods sold or advertised through the Merchant’s own e-store/site dBazzar makes no other warranties or representations of any kind with respect to the dBazzar is error-free. dBazzar disclaims any warranty of title or any other warranties for any third party’s offering(s) or product(s). dBazzar has taken all reasonable steps to prevent Internet fraud and ensure any data collected from User is stored as securely and safely as possible. However, dBazzar does not guarantee that its security procedures taken will prevent the loss of, alteration of, or improper access to User information. dBazzar is in no way responsible for invalid destinations and transmission errors in, corruption of, or the security of User information carried over inter-exchange carriers, local exchange carriers, or other providers’ facilities. THE PLATFORM, SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR DELIVERY PARTNER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. dBazzar IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS. The content (text and graphics) appearing on dBazzar website may include technical inaccuracies, typographical errors and out-of-date information; therefore User/Merchant expressly assume all risk for such use of the dBazzar. dBazzar Platform may provide links to other websites or resources. User/Merchant acknowledge and agree that dBazzar is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites and resources. User/Merchant also agree that dBazzar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused or in connection with use of or reliance on any such content, Product available on such external third-party sites.


LIMITATION OF LIABILITY
UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST dBazzar BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. dBAZZAR AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO: LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PLATFORM, THE SERVICE AND/OR APPLICATION; THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE; ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, MERCHANT, DELIVERY PARTNER OR THIRD PARY dBAZZAR DOES NOT WARRANT AND REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS OR MERCHANTS, DELIVERY PARTNERS AND/OR THIRD PARTY AND YOU EXPRESSLY WAIVE AND RELEASE dBAZZAR FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE MERCHANTS, DELIVERY PARTNERS INCLUDING THIRD PARTY. dBAZZAR WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND MERCHANTS, DELIVERY PARTNER AND/OR THIRD PARTY. dBAZZAR CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND MERCHANTS, DELIVERY PARTNER AAND/OR THIRD PARTY. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING GOODS AND SERVICES OFFERED VIA THE PLATFORM, THE SERVICE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE dBAZZAR FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, THE SERVICE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO MERCHANTS, DELIVERY PARTNER AND/OR THIRD PARTY INTRODUCED TO YOU BY THE PLATFORM, THE SERVICE AND/OR THE APPLICATION.