Terms Of Service

TERMS OF SERVICE ----

OVERVIEW

This website is operated by LK Fresh Market.   Throughout the site, the terms “we”, “us” and “our” refer to LK Fresh Market.   LK Fresh Market offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.   These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website.   By accessing or using any part of the site, you agree to be bound by these Terms of Service.   If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.   If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.   You can review the most current version of the Terms of Service at any time on this page.   We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.   It is your responsibility to check this page periodically for changes.   Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


1. Account

  • Registration of Account
    1.1 - By registering an account on our Platform and placing an order, you represent and warrant that:

    • (a) - all the information provided to us are accurate, correct, and complete; and

    • (b) - you are eighteen (18) years old and above; and

    • (c) - the credit or debit card details that you provide for the payment of any orders are your own credit or debit card(s), or you are duly authorised to use the credit or debit card and there is sufficient fund and/or credit limit for the payment.

  • 1.2 - In the event the information given to us shall differ at any time after registration of your account, you shall immediately inform us of the changes and/or update the details in your account.

  • 1.3 - You shall always be responsible to keep your details including password safe and secure. You shall not share any of your personal information with a third party.

  • 1.4 - Only one (1) account may be registered for one (1) email address and one (1) phone number at a time. Additional accounts may be allowed at our discretion. Furthermore, the number of devices you may use to log into your account may also be subject to limitations.

  • Suspension / Termination of Account
    1.5 - We have the absolute discretion and right to refuse registration of any account and to terminate the registration of any account without assigning any reason whatsoever.

  • 1.6 - We consider the following actions as wrongful use of an account on our Platform, including but not limited to:

    • i. - Usage of account for any illegal activities under the laws of Malaysia

    • ii. - Usage of account for commercial or non-domestic purposes.

    • iii. - Usage of multiple accounts for purchases related to any promotions on the Platform; and/or

    • iv. - Creation of account on behalf of another person or entity without their authorization.

  • 1.7 - In the event that: (i) we detect multiple accounts are being linked to one (1) phone number without our approval; (ii) wrongful use of accounts as detailed in Clause 1.6; (iii) payment methods that we deem suspicious; (iv) multiple instances of payment failure; or (v) any of the information given is incomplete, invalid, false or wrongful, (vi) any breach of the Terms and Conditions herein contained, then in any of the cases mentioned above, without prejudice to any other rights and remedies available to us under law, we shall reserve the right to:

    • i. - Cancel any of your current or future order.

    • ii. - Immediately terminate your access to our Platform without further reference to you.

    • iii. - Suspend your account and/or payment accounts indefinitely; and

    • iv. - Immediately cease all further communication with you.


2. Order

2.1 - We reserve the right to cancel your order and/or deny you access to our services should there be any occurrence of the incidents as detailed in Clause 1.7. You fully agree and understand that your remedy as a customer in the event of any cancellation of your order is the refund of the amount paid by you in respect of such cancelled transaction. We shall not be responsible for additional compensation, and you shall have no right to insist on the completion of your Order and/or delivery of the Order.

Goods for Own Use

2.2 - The Goods delivered are for your own use and not for resale. You warrant that you are not acting as an agent or on behalf of a third party. Unless there is a separate arrangement as evidenced by a written agreement between you and us, our Services as displayed on our Platform shall be used for non-commercial and domestic use only. We reserve the right to refuse and/or cancel any order from businesses or that we consider are for commercial or other non-domestic purposes.


Age-restricted item

2.3 - You must be at least twenty-one (21) years old when placing an order for the restricted items listed below:

(a) - Alcoholic Beverage (strictly (i) are not Muslim or otherwise prohibited from buying Alcohol under any law, regulation or religion; and (ii) understand that “MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”);   and

(b) - Cigarette; and we reserve the right to request you to present any supporting documents such as an identity card for verification purpose upon placing an order and/or delivery of the aforesaid items.     We shall at our sole discretion decide not to hand over the items to you if you fail to provide the supporting documents upon our request.

2.4 - We reserve the right to set limits for the quantity of items that you may order at any time.     If the quantities of your order exceed the limits set by us, we reserve the right to amend or cancel your order.     We will endeavour to inform you in advance in the event we are unable to deliver your order due to these limits.

2.5 - Please note that the price of the goods displayed at the Platform shall be the final price at the time you place and complete the order on the Platform.


3.  Mode of Payment

3.1 - Full payment must be made for all goods prior to the delivery.  Payment shall be made by online payment via fpx, credit or debit card, or e-wallet acceptable by us.  We do not guarantee that your desire e-wallet or credit or debit card is available as the payment method on the Platform.


4. Payment by credit / debit cards /E-wallet

  • 4.1 - To ensure that your online shopping experience is secure, your debit/credit card/e-wallet details will be encrypted to reduce the possibilities of any third parties obtaining such information. However, we do not represent nor warrant that your debit/credit card/e-wallet detail will not be misappropriated. Your credit card/debit card/e-wallet issuer may also conduct the necessary security checks to obtain the authorisation from you.

  • 4.2 - We do not provide any physical receipts for your order. Upon completion of your order, a digital order confirmation and payment receipt (after payment has been successfully made) will be sent to the email address registered by you for your account. If you require an official tax invoice, you may contact our customer service for further assistance.


5. Delivery

Delivery Area

5.1 - Delivery services are currently available for Sungai Besar areas. If the system is unable to detect your location, we will not be able to provide delivery service to you.

5.2 - Goods will be sent only to the address provided by you in the ‘Delivery Address’ section at the “Check Out” page. You are not allowed to change the delivery address once the order is confirmed.           Any inaccuracies and/or discrepancies in the delivery address may result in your order being cancelled.

5.3 - We shall reserve our rights to cancel your order if we are unable to deliver your order to your location. All money paid will be refunded to you if we are unable to deliver the items to you.

5.4 - Status of order can be checked/tracked on the website. There are three status of order such as ORDERED, PICKING and DELIVERING.

Delivery Time

5.5 - There are limited slots available in each delivery period. Delivery periods selected at the time of ordering are approximate, indicative, and subject to variation.  Any unavailability of delivery periods will be shown on the Platform. We shall not guarantee that you will be able to choose the delivery period you desire.

5.6 - The delivery period shall be chosen upon your placement of Order. The actual delivery time may vary due to the opening hours of the participating retailers and/or operators.

5.7 - The chosen delivery periods may not be available or delayed due to rain or severe weather condition or any unforeseeable circumstances.

5.8 - We shall not be responsible and/or liable for any late delivery or cancelled delivery.

Delivery Charges

5.9 - Delivery charges will be applied for each delivery not exceeding 20kg and within 10km radius.   If an order exceeds this limit, additional Delivery Charges may apply.

Risk of Goods

5.10 - All risk in the goods shall pass to you upon delivery of the goods. Risk of damage to or loss of the goods shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the goods, at the time when we have tendered delivery of the goods.

5.11 - At the time of delivery of goods, you must ensure adequate arrangements, including access where necessary, are in place for the safe delivery of such goods

5.12 - We or our rider shall not be held liable for any loss, damage, cost, or expense incurred to such goods or premises for:

i. - your failure to provide adequate access or arrangements for the delivery.

ii.           - your request to complete the delivery procedure in your absence by leaving the goods at your doorsteps, lobby, guardhouse, or designated recipient; and

iii.           - your request to deliver the goods to the delivery address.

5.13 - Your goods will be delivered to the delivery address provided by you at the “Check Out” page of our Platform.           We always reserve the rights to deliver your order to the main entrance of your delivery address only (such as the lobby of your apartment or condominium).

5.14 - With your express consent, you may request our rider to deliver your goods to the floor of your delivery address or into your kitchen or living space at your own risk.

5.15 - Upon your acceptance of the goods, you may exchange and/or refund the goods subject to our Exchange and/or Refund Policy on the Platform.

Non-Liability

5.16 - We will take all reasonable care, in our best endeavour, to keep the details of your order and payment secure. In the absence of negligence on our part, we shall not be held liable for any losses you may suffer if a third-party unauthorizedly accesses any data you provide when accessing or placing an order on the Platform.

5.17 - We shall not be held liable to you for any losses (monetary or otherwise), liabilities, costs, damages, charges, or expenses arising out of the events stated in Clause 5.16.


6. Personal Data

  • 6.1 - When we have requested information (such as your name, telephone number, address, email address and other information as required) from you for the registration of your account or payment of your order to ensure the delivery of goods and services, you agree that the information provided is accurate and complete.

  • 6.2 - You agree and authorize us to collect, use, store or otherwise process your personal information for the purpose stated herein, verifying your credit or debit card, investigate complaints and suspected suspicious transaction, and/or improve service usage and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to receive offers and promotions from us or selected third parties or our affiliates from time to time where we believe that the services offered by us, or such third parties may be of interest to you or where this is required by law or in order to provide the delivery of goods or Service to you. More information can be found in our Privacy Policy.

  • 6.3 - You agree to keep your password confidential and use only your User ID and password when logging in, ensure that you log out from your account at the end of each session on the Site, immediately notify us of any unauthorised use of your Account, User ID and/or password, and ensure that your Account information is accurate and up to date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not done by you. We will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.


7. Complaints

  • We take all complaints very seriously and aim at responding to your complaints as soon as possible. All complaints should be addressed to lk7436@gmail.com or you may call 010-7880402.


8. Currency

  • All prices are in Malaysian Ringgit (MYR) and applicable taxes are included when indicated.