Important - please read these terms carefully. By using the Service (as defined below), you hereby agree that you have read, understood, accepted and agreed with the Terms of Use (as defined below). You hereby declare that you have read and understood the Representations and Warranties (as set out below) and have agreed to the same. Should you disagree with or do not wish to be bound by the Terms of Use of the Service, please discontinue using the Application (as defined below) or the Service and uninstall the said Application accordingly.

The Terms of Use provided herein (collectively, the “Terms of Use”) constitute a legal and binding contract between you and Ahaloz Sdn Bhd (Company No. 1323265-H) (the “Company”). In order to use the Service, you must agree to the Terms of Use as set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (the “Software”) for purpose to enable consumers seeking, inter alia, merchandizes purchase at selected distribution point (the “Halomac”) provided by the Company in which the merchandizes are supplied by independent third party providers (the overall activities collectively refers to as the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time by the Company at https://www.halomac.com or through the Application.

For the purpose of the Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user of the Application by providing registration details while registering as a user on the Application. The term “We”, “Us”, “Our” shall mean the Company.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and/or changes to the Terms of Use or its policies relating to the Service shall be effective after immediately upon the publication of an updated version of the Terms of Use at https://www.halomac.com. You agree and understand that it shall be your sole responsibility to review the Terms of Use regularly and the Terms of Use are applicable regardless of the jurisdiction that you are situated at during the usage of the Service which may differ from the country where you have registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes have come into force and effective, whether or not they have been reviewed by you, you are deemed to have given your consent and acceptance to such changes. You further agree that the usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which are made available and accessible at https://www.halomac.com.

The Company is a company carrying on the technology related business and providing the Application for the User and that it is not a food and beverage or merchandize provider. The role of the Company is to connect the Application User(s) and the merchandize providers of food and beverages which are made available in our Halomac (“Merchant”).

It is to the discretion and liberty of each Merchant to offer and provide food and beverages or merchandizes in Halomac. The Merchant also operates independently of the Company. The Service of the Company does not or intends to provide food and beverages and/or merchandizes services. No action of the Company shall be construed in any way whatsoever as an act of the Merchant nor shall the Company be held responsible for the action, neglect, default, defect in the food and beverages and/or the merchandizes provided by the Merchant. The Company will not and does not have the obligation to assess the suitability, legality or compliance with the relevant laws and regulation of the Merchant. The Company shall not be responsible or liable in any way whatsoever and howsoever for the Merchant’s food preparation, food hygiene, merchandizes quality and safety and the Company does not and has not verified any Merchant’s compliance with applicable laws or food hygiene and safety regulations.

Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled and qualified to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true, accurate and not misleading. Your usage of the Service is for your own sole and personal use. You undertake not to authorize any other person to use your identity or user status, and you shall not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home jurisdiction or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your sole responsibility to check and ensure that you have downloaded the correct Software for your device and the compatibility of your device with the Software. The Company shall not be liable in the event you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you hereby agree that:

1. You shall only use the Service for lawful purposes;
2. You shall only use the Service for the purpose for which it is intended to be used;
3. You shall at all material time comply with this Halomac Malaysia Terms and Conditions.
4. You shall not use the Service, the Application and/or the Software for sending or storing any unlawful material or for fraudulent purposes;
5. You shall not use the Service, the Application and/or the Software to cause nuisance, annoyance, inconvenience, vandalising or over purchase with intention;
6. You shall not use the Application and/or the Software for purposes other than obtaining the Service;
7. You shall not use the Service, or any content accessible through the Service, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant or other Application User(s) save for the prior written consent of the Company;
8. You shall not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Service except for your own personal and non-commercial use;
9. You shall not copy any content displayed through the Service and/or the Application, including but not limited to Merchants’ menu contents and reviews, for republication in any format or media;
10. You shall not intentionally or unintentionally cause or attempt to cause damage to the Merchant;
11. You shall not intentionally or unintentionally cause or attempt to cause damage to the Hardware;
12. You shall not try or to do any act that is capable, potentially capable or harmful to the Service, the Hardware, the Application and/or the Software in any way whatsoever;
13. You shall not copy, or distribute the Software or other contents therein without the prior written consent from the Company;
14. You shall only use the Software and/or the Application for your own use and shall not resell or transfer or dispose of either the Software or Service to a third party. For the avoidance of doubt, you further understand and hereby declare that you do not own any right (in law or personal) in the Software or Service;
15. You shall keep secure and confidential your account password or any identification provided by the Company to you which grants the access to the Service;
16. You shall provide the Company with proof of identity as it may reasonably request or require of you;
17. You agree to provide accurate, current, not misleading and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current, not misleading and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current, not misleading and complete. You acknowledge that if your information is untrue, inaccurate, not current, is misleading or incomplete in any respect, the Company has the right but not the obligation to suspend and/or terminate this Agreement and your use of the Service at any time with or without further notice;
18. You shall only use an access point or data account which you are authorized to use;
19. You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers;
20. You are aware that when You are using the Service, standard telecommunication charges will apply;
21. You shall not cause nuisance or behave in an inappropriate, malicious, harmful or disrespectful manner towards the Company or the Merchant regardless of any misgivings that you may have against the Company or the Merchant;
22. You shall not impair or circumvent the proper operations of the network which the Service operates on;
23. You agree that the Service is provided by the Company to the best of its ability and on a reasonable effort basis;
24. You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time;
25. You are responsible for ensuring that the food and/or beverage and/or merchandizes chosen by you are the correct item. Once the transaction is completed, there is no refund or return of item. The Company shall not liable in the event of wrong item purchased by you;
26. After the purchase of the food and/or beverage and/or merchandizes , you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting as servant, agent, representative or independent contractor for or on behalf of you;
27. You agree to assume full responsibility and liability for all loss or damage suffered by yourself as a result of any breach of the Terms of Use; and
28. The Merchant shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you and in no event shall the foregoing be the responsibility of the Company.

Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company. Such notice shall be deemed to have been given upon the expiration of one (1) hour after sending by email. You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written consent of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

General

1. This Agreement shall be governed by the laws of Malaysia, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms and Conditions or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to.
2. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.
3. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
4. The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
5. You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you.