DEFINITIONS AND INTERPRETATION
- Unless the context otherwise requires, words importing the singular shall include the plural and vice versa and words importing a specific gender shall include the other genders (male, female or neuter).
- Any reference to conduct includes without limitation, an omission, statement or undertaking, whether or not in writing.
|“Personal Data”||Data, whether true or not, that can be used to identify, contact or locate you. Personal Data may include your name, e-mail address, billing address, shipping address, phone number and credit card information.|
|“4Fingers”, “we”, “our”, and “us”||4Fingers Pte. Ltd. and its affiliated company(ies) including but not limited to Gimme4fingers Malaysia Sdn Bhd.|
|“Site”||The website located at www.4fingers.com.my|
|“Apps”||Any goods and/or services offered made available by applications made and/or offered by 4Fingers, that you may download and install, or that may come pre-installed, or accessed upon scanning a legitimate and official 4Fingers’s QR Code, on supported operating systems and/or devices.|
|“you” or “your”||Individuals who are 18 years of age or older, or otherwise under the supervision of a parent or legal guardian.|
2. ACCESS AND USE OF THE SITE AND APPS
- you will have the option to sign up to be a registered user in order to access and utilise certain functionality made available on the Site and/or 4Fingers Apps. Certain portions of the Site and Apps are only available to parties who have a registered account. A registered user shall have the sole obligation at all time to keep safe its username, password, membership details and also all related information to the registered account and not to disclose or cause to leak of the abovementioned.
- you will not copy or distribute any part of the Site or Apps in any form without 4Fingers’ prior written authorisation; and
- Links to Third Party Sites. The Site and Apps may contain links to third party websites, advertisements or pop-ups or auto-direct link to any browser or applications (“Third Party Sites”) that are not affiliated with or owned, operated, or controlled by 4Fingers, including third party payment system providers. You acknowledge and agree that 4Fingers is not responsible for the content, privacy policies, or practices of such Third Party Sites or the companies that own them. By using the Site and Apps, you expressly relieve 4Fingers from any and all liability arising from your access and use of any Third Party Sites.
3. CHANGES TO THE SITE AND APPS
4. TRANSACTIONS CONCLUDED THROUGH THE SITE AND APPS
Contracts for the supply of goods, services or products (including any ticket, pass, credential or other document or general or specific authorisation granted by 4Fingers) formed through the Site and Apps or as a result of visits made by you to the Site and Apps are governed by the specific terms and conditions of supply for that good, service or product, as highlighted to you prior to any contract being formed.
5. LIMITATION OF LIABILITY
- No Representations or Warranties. The Site and Apps, its content, services and all text, images, merchandise and other information provided herein are provided on an “as is” and “as available” basis without representations or warranties of any kind, whether express, implied or statutory, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
Without limitation to the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (a) as to the reliability, accuracy, completeness, and validity of any content or material on the Site and Apps, (b) that the functions contained on the Site and Apps will be secure, uninterrupted or free of errors, (c) that any defects will be corrected, or (d) that the Site and Apps or the server(s) that makes it available are free of viruses or other harmful components. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site and Apps, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site and Apps is at your sole risk.
- No Liability for Indirect or Consequential Losses. To the maximum extent permitted under applicable law, we shall not be liable to any user of the Site and Apps or any other person for any direct, indirect, special or consequential loss or damage (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of or related to the use, inability to use, performance or failure of this Site and Apps or any materials posted therein, or any information contained therein or stored or maintained by us, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. We shall not be liable for any order(s) made through our ordering portal on Site or Apps that encounter incomplete, incorrect or delivery issues due to your own incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the order, including your location, delivery address and contact information.
- Third Party Service Providers. You acknowledge and agree that your access and use of the Site and Apps is dependent on third party service providers such as internet, network, connectivity or other link providers, platforms and delivery service provider. Your payment for any transactions or contracts concluded by you for the supply of goods or services formed through the Site or Apps is processed by third party payment system providers and we do not retain or process any such payment information. Once an order is placed and paid especially through online ordering via the Site and Apps, no cancellation or refund or modification is allowed. We cannot guarantee the security of such third party payment system(s) or any payment data on the Site and Apps. We also do not have any control over the conduct of the third party delivery service provider nor guarantee the quality and the delivery of the order once collected by them. We are not responsible for any acts or omissions of any third parties and disclaim any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using and/or accessing the Site and Apps, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.
7. INTELLECTUAL PROPERTY RIGHTS
- Ownership. The intellectual property rights in and to the content on the Site and Apps, and in the material published on it such as its corporate names, service marks, logos, trade names, trademarks, websites and domain names, are owned, licensed to or controlled by 4Fingers, our licensors or our service providers. 4Fingers reserve the right to enforce these intellectual property rights to the fullest extent of the law.
- Restricted Use. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site and Apps in any form or by any means without our prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site and Apps.
- Correction of Errors. There may be information on the Site and Apps that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site or Apps is inaccurate at any time without prior notice.
- Order & Pickup. Kindly note that food not collected within 2 hours from indicated collection time will be discarded. Any delay of pick up might affect the quality of the item(s) ordered.