SECTION 1: INTRODUCTION
1.1. Welcome to the ShopeeFood platform, a food delivery platform (the “Platform”) operated by Shopee Mobile Malaysia Sdn. Bhd., its affiliates and subsidiaries (individually and collectively “we”, “us”, “our”, “Shopee” or the “Company”) in Malaysia. These terms and conditions and all policies referred to therein constitute a legally binding agreement between you (“you”) and Shopee (“Terms of Service”). Please read these Terms of Service carefully before you order any food and/or beverages (“Products”) supplied by merchants who are either participating as registered merchants of Shopee or not participating as registered merchants of Shopee (“Merchants”) from our Platform. By accessing and/or ordering any Products on our Platform, you give your irrevocable acceptance of and consent to be bound by these Terms of Service and any part thereof.
1.2. The Shopee Terms of Service (https://help.shopee.com.my/portal/article/77215) are integral and form inseparable parts of these Terms of Service. In the event of any inconsistency between these Terms of Service and the Shopee Terms of Service, these Terms of Service shall prevail.
1.3. SHOPEE IS A TECHNOLOGY COMPANY WHICH PROVIDES SERVICES, INCLUDING, BUT NOT LIMITED TO, AN ONLINE PLATFORM SERVICE THAT PROVIDES A PLACE AND OPPORTUNITY FOR THE SALE OF PRODUCTS BETWEEN YOU AND MERCHANTS WHICH MAY BE DELIVERED TO YOU BY THIRD PARTY DELIVERY PARTNERS (“DELIVERY PARTNERS”) OR MADE AVAILABLE FOR SELF-PICK UP FROM THE RESPECTIVE MERCHANT (AS APPLICABLE) (SUCH ONLINE PLATFORM SERVICES, “SHOPEEFOOD SERVICES”). THE ACTUAL CONTRACTS FOR (A) THE SALE OF PRODUCTS ARE DIRECTLY BETWEEN YOU AND THE MERCHANTS; AND (B) THE DELIVERY OF PRODUCTS ARE DIRECTLY BETWEEN YOU AND THE DELIVERY PARTNERS, AND SHOPEE IS NOT A PARTY TO THOSE CONTRACTS OR ANY CONTRACTS BETWEEN YOU AND MERCHANTS OR THE DELIVERY PARTNERS, AND ACCEPTS NO OBLIGATIONS OR LIABILITIES IN CONNECTION WITH ANY SUCH CONTRACTS. PARTIES TO SUCH TRANSACTIONS WILL BE ENTIRELY RESPONSIBLE FOR THE SALES CONTRACTS BETWEEN THEM, INCLUDING, BUT NOT LIMITED TO, THE LISTING OF PRODUCTS AND THE DELIVERY OF THE PRODUCTS.
SECTION 2: ORDERING
2.1. By placing an order for a Product through our Platform (“Order”), you agree and authorize us to process that Order and forward it to the Merchant and/or the Delivery Partner to follow up on the Order and deliver the Products through ShopeeFood Services, on your behalf. However, the Merchant remains solely responsible to you for the preparation and quality of your Order.
2.2. Any Order that you place with us is subject to availability, delivery capacity, and acceptance by us, the Merchants, and/or the Delivery Partners.
2.3. Upon your successful placement of an Order, the Delivery Partner will follow up on your Order, including, but not limited to, locating the restaurant or place of business that is owned, managed, and registered by the Merchant to obtain ShopeeFood Services (“Merchant Outlet”) and delivering the Product. The Merchants and/or the Delivery Partner 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, Shopee is not involved in and will not be responsible for any separate arrangement between you and the Merchant and/or the Delivery Partner.
2.4. All Orders are treated as confirmed after a specific timeframe (subject to Shopee’s absolute discretion) following the Order placement. You shall not be entitled to cancel an Order after it is confirmed. If you cancel an Order after it has been confirmed, you remain liable to pay the applicable fees for the Order in full, regardless of whether it has been prepared by the Merchant. For the avoidance of doubt, where you have opted to self-pick up an Order, you will be deemed to have cancelled the Order by not collecting it within the timeframe specified in the Platform or otherwise communicated by Shopee. Shopee, the Merchant and/or the Delivery Partner shall not be responsible to retain the Order for your collection after the said timeframe has lapsed.
2.5. Shopee, the Merchant, and/or the Delivery Partner may not process your Order in the event of any of the following:
(a) you are unavailable at the time of the call for the purposes of confirming the Order or are otherwise uncontactable;
(b) if the requested delivery location falls outside the delivery zone offered by the ShopeeFood Services;
(c) there is a lack of information, direction or authorization from you at the time of delivery; or
(d) unavailability of Products ordered.
2.6. Products purchased from this Platform (and their delivery) are intended for your use only and you warrant that any Products purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Products.
2.7. We will take reasonable care to keep the details of your Order and payment secure, but in the absence of fault on our part, we cannot be held liable for any loss you may suffer if a third party gains unauthorized access to any data you provide when accessing or ordering from the Platform.
2.8. In the event that you place an Order for alcoholic beverages, you guarantee that you are 21 years old and are willing to show your identity card (ID) to the Delivery Partner at the time of delivery of the relevant Products at the delivery destination.
2.9. Photos and images of Products are shown on the Platform are for illustration purposes only. We do not assume any liability for the representation of the Products provided by the Merchants or guarantee the accuracy or completeness of the information (including, but not limited to, the menu information, photos and images of the Products) provided by the Merchants which are displayed on the Platform. Some of the information provided may be outdated and we cannot guarantee that your device’s display of the colour of the Products would be accurate.
SECTION 3: PRICES AND PAYMENT
3.1. Any contract for the supply of Products through the Platform is between you and the Merchant. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of the Order placement.
3.2. You understand that the price of the Product displayed on the Platform is an estimated price. The Merchant has the full authority to determine and make changes to the Product prices. Therefore, we are not responsible if there is a difference between the prices listed on the Platform and the prices applied by the Merchant. Any changes to the price of the Product will be communicated to you and confirmed by you before the finalization of the order.
3.3. Prices of Products displayed on the Platform may, for reasons such as technical issue, typographical error or outdated product information supplied by the Merchant, be incorrectly displayed and in such an event the Merchant may cancel your Order(s). You agree that the Shopee shall not be liable for any such cancellation.
3.4. The final price that you are required to pay are inclusive of, but not limited to, the Product’s price, the Product’s delivery charge, applicable taxes, and/or any other fees as informed by us from time to time.
3.5. Shopee reserves the right to amend the Products available for sale on the Platform and to stop listing any Merchants and Products.
3.6. All delivery charges listed on the Platform are correct at the time of publication. However, we reserve the right to amend the delivery charges from time to time.
3.7. If there are other costs incurred in connection with the Order, including, but not limited to, parking fees and building entrance fees, you shall be fully responsible for these costs and the Delivery Partner has the right to directly request for reimbursement of these other costs from you by providing supporting evidence (e.g. parking receipt).
3.8. You can choose the payment method that will be used when placing the Order. Payment methods that can be used include, but not limited to, (if applicable) cash, online banking, credit card, debit card or by using electronic money services, including ShopeePay and any other payment methods available on the Platform.
SECTION 4: DELIVERY
4.4. Delivery periods quoted at the time of the Order placement are estimations and may vary. Products will be delivered by the Delivery Partner to the address that you have designated at the time of the Order placement.
4.2. You or other parties that you appoint to receive the Product shall make yourself or themselves (as the case may be) available and contactable when the Product is delivered by the Delivery Partner.
4.3. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of any of the following:
(a) price differences in the prices listed on the Platform and the Merchant Outlet;
(b) condition and/or quality of the Products;
(c) delay in the deliveries by the Delivery Partner;
(d) failure to complete the Orders and/or deliveries by the Delivery Partner;
(e) cancellation of the Orders; and
(f) differences in the Products ordered and the Products delivered.
4.4. All risk in the Products shall pass to you upon delivery. After the delivery of your Order is complete, you shall solely be liable for any loss, damage, contamination, soiling or detention of the Product (including, but not limited to, containers) whether caused directly or indirectly by you or any person acting on your behalf.
4.5. If you fail to accept delivery of Products at the time they are ready for delivery, or we are unable to deliver or procure delivery at the nominated time and/or designated delivery location due to your failure to provide appropriate instructions or authorizations, then such Products shall be deemed to have been delivered to you and all risk and responsibility in relation to such Products shall pass to you. Any storage, insurance, and other costs which we incur as a result of the inability to deliver your Order shall be your responsibility and you shall indemnify us in full for such cost.
4.6. You must ensure that at the time of delivery of Products, adequate arrangements, including access where necessary, are in place for the safe delivery of such Products. We shall not be held liable for any damage, cost or expense incurred as a result of a failure to provide adequate access or arrangements for delivery.
SECTION 5: REFUND POLICY
5.1. Shopee or the Merchant may, at its absolute discretion, provide you with a refund in certain circumstances, such as where the wrong Product has been delivered to you, or your Order is only partially fulfilled.
SECTION 6: USER REVIEWS, COMMENTS AND SUBMISSIONS
6.1. Shopee welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit on the Platform as long as such content submitted by you complies with our Terms of Service.
6.2. Shopee allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content on the Platform (“Content”). Content should be written in either English or Bahasa Malaysia.
6.3. By submitting Content, you warrant that (a) you are the sole author and owner of the Content; (b) you are at least 18 years old or if you are under the age of 18, your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by these Terms of Service; and (c) use of any Content will not violate our Terms of Service and will not cause injury to any person or entity.
6.4. To the maximum extent permitted by applicable law, under no circumstances will Shopee be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.
6.5. You acknowledge that Shopee and its designees shall have the right (but not the obligation) in their absolute discretion to pre-screen, refuse, delete, remove or move any Content, including, but not limited to, any Content or information posted by you, that is available on the Platform.
6.6. You hereby grant Shopee and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform the Content in any media formats and through any media channels without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in the Content.
SECTION 7: INFORMATION
7.1. Where we have requested information from you to provide the Products, you agree to provide us with accurate and complete information.
SECTION 8: LINKED SITES
8.1. There may be a number of links on our Platform to third party websites which we believe may be of interest to you. We do not represent or warrant the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We do not accept any responsibility for the content of third party websites or the goods or services that they may provide to you.
SECTION 9: COMPLAINTS
9.1. We take complaints very seriously and aim to respond to your complaints within five (5) business days. All complaints should be addressed to email@example.com
SECTION 10: INTELLECTUAL PROPERTY
10.1. All information, user profile, photographs, text, material, trademarks, graphics, audio, video, ratings systems, reviews, concepts, data, location data, logos, button icons, photographs, images and advertisements on the Platform, including its layout and user interface (“Intellectual Property”) is owned or licensed by Shopee. The trademarks, other intellectual property and materials, images, text, illustrations, logos, designs, icons and photographs of the Merchants belong to the Merchants.
10.2. Nothing contained on the Platform should be construed as granting or licensing or right of use of any trademarks displayed on the Platform. Use of any trademarks displayed on the Platform requires the express permission of the relevant trademark owner.
10.3. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Intellectual Property, the Platform or any related software. All software used on the Platform is the property of Shopee or its suppliers and is protected by copyright laws. The Intellectual Property and software used on the Platform may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Intellectual Property on the Platform is strictly prohibited.
SECTION 11: LIMITATION OF LIABILITY
11.1. Reasonable care has been taken to ensure that the information available on the Platform is correct and error free. We do not warrant that the use of the Platform will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Platform and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy. We have no liability to you for any content on the Platform that you find offensive, indecent or objectionable.
11.2. By accepting these Terms of Service you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party platform, or your consumption of any Products from a Merchant.
11.3. We disclaim any and all liability to you for the supply of Products to the maximum extent permitted by applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you, such liability is limited to the amount you have paid for the relevant Product. We are not liable to you for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising.
11.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer or device via our Platform.
11.5. We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Platform or for any Products purchased through the Platform.
11.6. In the event Shopee determines, at its absolute discretion, that you are engaged or involved in any instances of abuse of vouchers and/or discount codes, fraud, actions causing inconvenience to others, fake orders, actions that may be deemed to cause losses in any form towards Shopee or any person, or actions that are deemed to be restricted or prohibited by Shopee, Shopee may cause you to be blocked immediately and reserves the right to refuse to provide future ShopeeFood Services to you, and where there are any instances of abuse of vouchers and/or discount codes, Shopee reserves the right to seek compensation from you.
11.7. Offers are subject to our absolute discretion and may be withdrawn at any time and without notice.
11.8. We may restrict or terminate your account at any time and for any reason, at our absolute discretion.
SECTION 12: INDEMNITY
12.1. You agree to defend, indemnify, and hold harmless Shopee and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Platform and services (including, but not limited to, the ShopeeFood Services) or any breach by you of these Terms of Service.
SECTION 13: GENERAL
13.1. All prices, service charges, and delivery fees are in Ringgit Malaysia.
13.2. We may subcontract any part(s) of our ShopeeFood Services that we provide to you from time to time and we may assign or novate any part(s) of our rights under these Terms of Service without your consent or any requirement to notify you.
13.3. By using this Platform, you agree not to collect or harvest any personally identifiable information from the Platform, use communication systems provided by the Platform for any commercial solicitation purposes, solicit any users of the Platform for any reason whatsoever, or publish or distribute any vouchers or codes in connection with the Platform, or scrape or hack the Platform.
13.4. These Terms of Service, any order form and payment instructions shall constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of these Terms of Service. In the event of any conflict between these Terms of Service and any other term or provision on the Platform, these Terms of Service shall prevail.
13.5. Unless provided otherwise in these Terms of Service, you agree that we may do any of the following, at any time, without notice:
(a) modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any Products or services), for any reason;
(b) modify or change any applicable policies or terms, including, but not limited to, these Terms of Service by posting the revised policy or terms on the Platform. Your continued use of the Platform after the revised policy or terms has been posted on the Platform shall constitute your acceptance of the revisions; and
(c) interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any Products or services), as necessary to perform routine or non-routine maintenance, error correction or other changes. We shall not be required to compensate you for any such suspension or termination.
13.6. Shopee reserves all rights not expressly granted herein.
13.7. The failure of Shopee to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision.
13.8. If any provision of these Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
13.9. These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia. Any dispute, controversy, claim or causes of action arising out of or in connection with these Terms of Service against or relating to Shopee shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (“AIAC”) in accordance with the Arbitration Rules of the AIAC (“Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one (1) arbitrator who shall be appointed by mutual agreement between you and Shopee (“Arbitrator”). If you and Shopee are unable to agree on an arbitrator, the Arbitrator shall be appointed by the Director of the AIAC in accordance with the Rules. Any arbitration award shall be made in writing and shall be final and binding on you and Shopee. The place and seat of the arbitration shall be Kuala Lumpur, Malaysia. The language to be used in the arbitration proceedings shall be the English language and the fees of the Arbitrator shall be borne equally by you and Shopee, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable laws. These Terms of Service and the rights and obligations of you and Shopee under these Terms of Service shall remain in full force and effect pending the award in any arbitration proceeding hereunder, save for the part in dispute and is to be determined in the arbitration proceeding.
13.10. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Shopee's affiliates (and each of Shopee's and its affiliates' respective successors and assigns).
13.11. If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Platform, please contacts us at: firstname.lastname@example.org
LEGAL NOTICES: Please send all legal notices to email@example.com and attention it to the “General Counsel”.
I HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL OF THE TERMS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY ACCESSING AND/OR ORDERING ANY PRODUCTS ON THE PLATFORM, I GIVE MY IRREVOCABLE ACCEPTANCE OF AND CONSENT TO BE BOUND BY THESE TERMS OF SERVICE.
Last updated: 25 April 2022