PLEASE READ THESE TERMS CAREFULLY
THESE TERMS ONLY APPLY FOR USE OF THE APP (AS DEFINED BELOW) AND SERVICE (AS DEFINED BELOW) IN MALAYSIA ONLY.
THESE TERMS MAY DIFFER FOR USE OF THE APP AND SERVICE IN ONE OF OUR OTHER COUNTRIES OF OPERATIONS.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, BAWIQ SDN BHD of office 1301 Naza Tower, 10 Persiaran KLCC, 50088 Kuala Lumpur, Malaysia maintain the website www.bawiq.com. We are an on-demand mobile application company that provides groceries delivered to your doorstep via our mobile application “BAWIQ” domiciled in the United Arab Emirates.
We license you to use:
● The BAWIQ mobile application software together with the data supplied with the software (App) and any updates or supplements to it.
● The service you connect to via the App and the content we provide to you through it (Service).
as permitted in these terms.
TERMS OF GOOGLE PLAY STORE AND APPLE STORE ALSO APPLY
Usage of the App will also be controlled by the rules and policies of Google Play and/or Apple Store and these rules and policies will supersede those terms where there are differences between our terms and the terms of the App/Play store.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS General Support.
If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at our website or contact us on email@example.com.
Franchise Support. If you want to learn more about our Cloud Supermarket Franchise solution, or have any problems regarding it, please take a look at our support resources at our website or contact us on firstname.lastname@example.org.
Contacting us (including with complaints). If you think the App or the Services are faulty or are not described correctly or you wish to contact us for any other reason please email our customer service team at email@example.com.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON PLUS FAMILY ACCOUNT
In return for your agreeing to comply with these terms you may:
● Download the App onto your smartphone (Android or IOS) and view, use and display the App and the Service on such devices for your personal purposes only. In addition, you may share the App and the Service with your family members by registering a Family Account. You as the primary person are fully responsible and liable for the people you share the App with and who use the Services under the Family Account.
● Receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce OR otherwise to improve our quality of services to you.
We will give you at least 30 days notice of any change by sending you a notification with details of the change or notifying you of a change when you next start the App.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
We will try our best for the App to work with the current or previous version of the operating system (as it may be updated from time to time).
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
WE MAY COLLECT LOCATION DATA
Our Services will make use of location data sent from your devices. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and services. If you turn off the location services settings, you will not be able to obtain the Service via the App.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
● Except in the course of permitted sharing not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
● Not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
● Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
● Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things;
● Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
● Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
● Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
● Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
● Not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and ● Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Services throughout the world belong to us or our licensors and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are not responsible to you for loss and damage. The App and the Services are only to facilitate a purchase of items from a Seller near you. Hence, we are not responsible for any losses or damages that you may incur.
When we are not liable for damage to your property. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Exceptions may apply under contractual agreements, such as those under the bawiq Cloud Supermarket Franchise solution
Limitations to the App and the Services. The App and the Services are provided for general purposes only for your convenience. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be rectified, we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
● You must stop all activities authorised by these terms, including your use of the App and any Services.
● You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
YOU AGREE THAT NEITHER BAWIQ NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE SELLERS. YOU HAVE A DIRECT CONTRACT WITH THE SELLER AND YOUR RECOURSE IS DIRECT TO THE SELLER AND NOT BAWIQ. BY ACCEPTING OUR TERMS, YOU HAVE RELEASED BAWIQ, ITS AFFILIATES AND EMPLOYEES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, EXPENSES, LOSSES OR DAMAGES KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
LIMITATION OF LIABILITY
IF A COURT OF COMPETENT JURISDICTION FINDS BAWIQ LIABLE TO YOU FOR ANY REASON, THE MAXIMUM COMPENSATION PAYABLE BY BAWIQ TO YOU IN ALL CASES SHALL BE SIXTY MALAYSIAN RINGGIT (MYR60) ONLY.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights to third parties to enforce any term of these terms.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by the laws of Malaysia and Kuala Lumpur courts have jurisdiction.
HOW THE APP WORKS
1. Registration : You are the sole authorized User of any account (Account) you create using the Services. Registration is free of charge. You must be truthful, complete and accurate in the information you provide.
2. Use of the App and Services: The use of the App and/or the Services is your responsibility and you must take your own precautions to prevent unauthorized access. If you suspect there is a problem, please notify us at firstname.lastname@example.org.
3. Appearance and Details on App :
a. All photographs and information contained in our App are invitations to treat and are not representative of the actual item to be sold.
b. There may be discrepancies between the actual items and their information on the App.
c. The information is only to give you an idea of the item being purchased.
d. Whilst the App may show a certain item as being available, that item may not be sold by the Seller.
e. If so, the Seller may provide you the closest alternative. This will be reflected prior to you confirming your Order.
4. Orders: Orders can be placed through the App and may be subject to a minimum order as determined by bawiq. This minimum order amount may be changed at bawiq’s discretion.
5. No Contract: There is no contractual relationship between BAWIQ and you in respect of the Orders. Your contract is direct with the seller selling the products or person providing the services (Seller).
6. Changes or Cancellations: Once the Order is confirmed, you have 5 minutes to cancel the Order. If you do not, the Order is deemed confirmed. The Seller would then work on your Order and commence delivery.
7. Pricing: The pricing reflected in the App is not final. Please check the final order before confirming your order to be sure of the prices. Once you confirm the Order, the prices are fixed. There could be a SST charge payable on your Order. You will see these details before you confirm your Order.
8. Bulk Orders: If you are placing an Order for many items, you may be contacted by us or by the Seller to physically confirm the Order.
9. Delivery :
a. The delivery may be made by only one person carrying products that you have ordered.
b. A minimal delivery fee is charged to the customer and will be made by the Seller closest to your location
c. Delivery will be made to the location specified in your User account.
d. Delivery is made to the front door of your residence or the reception of your office or any locations as specified in your User account, unless prohibited by law or security, in which case, the Seller will contact you by phone, whatsapp, and/or notify you via SMS through the App.
e. The Seller endeavours for the delivery to be made within 90 minutes of the Order confirmation but this cannot be guaranteed.
f. Delivery can be cancelled by the Seller or us at any time for any reason whatsoever in which case, the Seller will contact you by phone, whatsapp and/or notify you via SMS through the App.
10. Cash Payment: You have the option to pay cash to the Seller on delivery.
11. Credit Card Payment/ b-Wallet :
a. You have the option to pay by Credit Card/ or the In-App wallet; b-Wallet.
b. Credit Card payments will show that you have paid BAWIQ SDN BHD for the Services.
c. Credit Card payment will be confirmed 6 minutes after the Order Confirmation.
d. If you wish to use the credit card to pay for your purchases you must be over the age of 21 and must have explicit consent from the card holder
e. Visa or MasterCard debit and credit cards in MYR will be accepted for payment
f. Cardholder must retain a copy of transaction records and our policies, terms, and conditions
g. User is responsible for maintaining the confidentiality of his/her account
a. Please check your items upon receiving the delivery and should the items delivered to you are not as per your request, do not accept the delivery and return the item/items immediately with the person making the delivery to your location.
b. The Seller will accept the return of the item/items for as long as the item/items returned were not tampered with, are sealed and remain in the original packaging. The Seller maintains the right to refuse any returns if the item/items have been tampered with
c. If you are making cash payment upon delivery, pay only what you have ordered and received
d. If your card has been charged for an item/items which you did not receive or ordered, please contact us on email@example.com. We will take note of your complaint and we will, if the investigation confirms that your complaint is correct, make the refund to you through the same original card that was used during the initial order. We will endeavour to get your refund to you as soon as possible. However, the timing of the refund will depend entirely on the processing time of the issuing bank of your card.
13. Restrictions : We will not trade with or provide any services to OFAC and Sanctioned Countries
14. App Problems : The App relies on stable 4G or WIFI connection. Whilst we will endeavor that the App works properly most times, we cannot guarantee this. If there is an issue, please log out and login again. IF THERE ARE REPEATED PROBLEMS WITH USING THE APP, PLEASE DO NOT CONFIRM THE ORDER AND PLEASE DO NOT MAKE ANY PAYMENT BY CREDIT CARD THROUGH THE APP AND IMMEDIATELY INFORM US VIA EMAIL: firstname.lastname@example.org