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Conditions of Use

TERMS OF USE

INTRODUCTION

1.1 Welcome to the Bukitbunga.com website and/or the Bukit Bunga Grocer mobile app (the “Platform”). These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “Bukit Bunga Grocer Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://www.bukitbunga.com/privacy-policy/. By accessing the Platform and/or using the Services, you agree to be bound by Bukit Bunga Grocer Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Bukit Bunga Grocer Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.

1.2 The Terms of Use stated herein constitute a legal agreement between you and Bukit Bunga Grocer (“Bukit Bunga Grocer”, “we”, “us” or “our”).

1.3 Bukit Bunga Grocer reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Bukit Bunga Grocer Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

1.4 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

2. USE OF THE PLATFORM AND/OR SERVICES

2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.

2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Bukit Bunga Grocer shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.5 We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;

(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

3. USER SUBMISSIONS

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5. Our limitation of responsibility and liability

5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Bukit Bunga Grocer of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

5.2 Without limiting the foregoing, Bukit Bunga Grocer does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

5.3 Bukit Bunga Grocer and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Platform or the Services;

(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use and/or other Bukit Bunga Grocer Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

8. ARBITRATION

8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other Bukit Bunga Grocer Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

8.2 Notwithstanding the foregoing, Bukit Bunga Grocer reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

9. TERMINATION

9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other Bukit Bunga Grocer Terms and Conditions. Upon any termination of these Terms of Use and/or other Bukit Bunga Grocer Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Bukit Bunga Grocer shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Bukit Bunga Grocer, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

TERMS AND CONDITIONS OF SALE

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who purchases Goods on the Platform;

"Conditions" mean these Terms and Conditions of Sale;

"Contract" means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;

"Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“Bukit Bunga Grocer Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the Bukitbunga.com website and/or the Bukit Bunga Grocer mobile app;

“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor. Bukit Bunga Grocer may also be a “Seller” for selected Goods;

“Services” means the use of any services, information and functions made available by Bukit Bunga Grocer at the Platform;

“Third Party Vendor” means a seller which, with Bukit Bunga Grocer’s permission, uses the Platform and/or Services to sell Goods to the Buyers, and excludes Bukit Bunga Grocer; and

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Any references to “Bukit Bunga Grocer” in these Conditions refer to both Bukit Bunga Grocer’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it Bukit Bunga Grocer or a Third Party Vendor, may be stated on the webpage listing such Goods.

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Bukit Bunga Grocer and Bukit Bunga Grocer has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Bukit Bunga Grocer. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, Bukit Bunga Grocer is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4 While the Seller endeavours to provide an accurate description of the Goods, neither Bukit Bunga Grocer nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Bukit Bunga Grocer in its website shall be subject to correction without any liability on the part of Bukit Bunga Grocer.

3. Orders and Specifications

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Bukit Bunga Grocer shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Bukit Bunga Grocer shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon Bukit Bunga Grocer issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Bukit Bunga Grocer shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Bukit Bunga Grocer shall furthermore be entitled to require the Buyer to furnish Bukit Bunga Grocer with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Bukit Bunga Grocer and on terms that the Buyer shall indemnify Bukit Bunga Grocer in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Bukit Bunga Grocer as a result of the modification or cancellation, as the case may be.

4. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Bukit Bunga Grocer in addition to the price, but it excludes the delivery charges.

4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which Bukit Bunga Grocer shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Bukit Bunga Grocer, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledge that Bukit Bunga Grocer is entitled to collect payments from Buyer on behalf of Third Party Vendors.

5.2 The terms and conditions applicable to each type of payment, as prescribed by Bukit Bunga Grocer on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Bukit Bunga Grocer account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Bukit Bunga Grocer, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

5.2.5 Cash on Delivery

Cash on Delivery (pay cash upon delivery) is available within the region of Bukit Bunga and Jeli with a fee as may be prescribed by Bukit Bunga Grocer for each order. Bukit Bunga Grocer reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.

5.3 Buyer may not claim against Seller or any of its agents (which may include Bukit Bunga Grocer), for any failure, disruption or error in connection with the Buyer’s chosen payment method. Bukit Bunga Grocer reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:

5.4.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or

5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

5.5 All refunds shall be made via the Bukit Bunga Grocer virtual payment account ("Bukit Bunga Grocer Payment Account"). Bukit Bunga Grocer offers no guarantee of any nature for the timeliness of the refunds reaching the Bukit Bunga Grocer Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Bukit Bunga Grocer. All refunds are conditional upon Bukit Bunga Grocer’s acceptance of a valid return of the Goods. Bukit Bunga Grocer reserve the right to modify the mechanism of processing refunds at any time without notice.

5.6 All payments for the purchased Goods must be made to Bukit Bunga Grocer using the payment methods made available on the Platform only. Bukit Bunga Grocer shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Bukit Bunga Grocer has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Bukit Bunga Grocer shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Bukit Bunga Grocer, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Bukit Bunga Grocer fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Bukit Bunga Grocer of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Bukit Bunga Grocer's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Bukit Bunga Grocer shall be entitled at any time to demand the Buyer to deliver up the Goods to Bukit Bunga Grocer and in the event of non-compliance Bukit Bunga Grocer reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to Bukit Bunga Grocer, Bukit Bunga Grocer may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

6. Delivery of Goods

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Bukit Bunga Grocer has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Bukit Bunga Grocer shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Bukit Bunga Grocer, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Bukit Bunga Grocer fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Bukit Bunga Grocer of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Bukit Bunga Grocer's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Bukit Bunga Grocer shall be entitled at any time to demand the Buyer to deliver up the Goods to Bukit Bunga Grocer and in the event of non-compliance Bukit Bunga Grocer reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to Bukit Bunga Grocer, Bukit Bunga Grocer may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

7. Return, Refund and Replacement of Goods

7.1 All Goods sold on the Platform is covered under the Bukit Bunga Grocer 7 Days Easy Returns or 14 Days Easy Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with Bukit Bunga Grocer or Seller through the Platform. The logo(s) of the Return Policy for each Goods can be found on the Goods’ product page.

7.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Bukit Bunga Grocer or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to Bukit Bunga Grocer or Seller within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Bukit Bunga Grocer or Seller within 48 hours of receiving the delivery to expedite the claim process.

7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:

7.2.1 the Goods delivered to Buyer is defective and/or damaged on delivery;

7.2.2 the Goods, in particular fashion items, which does not fit (not applicable for fashion items from overseas Sellers);

7.2.3 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;

7.2.4 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;

7.2.5 Buyer has a change of mind with regard to the Goods; and

7.2.6 such other circumstances which may be prescribed by Bukit Bunga Grocer on the Platform.

7.4 Notwithstanding Clause 7.3 above, milk formula products are returnable except for "change of mind" request. Buyer is to ensure that product is not opened, as otherwise it will not be accepted for return.

7.5 Notwithstanding Clause 7.3 above, return or cancellations of any perishable goods are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.

7.6 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by Bukit Bunga Grocer on the Platform. Please see Help Center for further details.

7.7 Questions and complaints with regards to returns

7.7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact Bukit Bunga Grocer using the “Contact Us” page on the Platform, as applicable.

7.7.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, Bukit Bunga Grocer reserves the right to suggest and implement an appropriate resolution at its sole discretion.

8 Risk and property of the Goods

8.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Bukit Bunga Grocer has tendered delivery of the Goods.

8.3 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Bukit Bunga Grocer has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.

8.4 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Bukit Bunga Grocer's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

8.5 The Buyer agrees with Bukit Bunga Grocer that the Buyer shall immediately notify Bukit Bunga Grocer of any matter from time to time affecting Bukit Bunga Grocer’s title to the Goods and the Buyer shall provide Bukit Bunga Grocer with any information relating to the Goods as Bukit Bunga Grocer may require from time to time.

8.6 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), Bukit Bunga Grocer shall be entitled at any time to demand the Buyer to deliver up the Goods to Bukit Bunga Grocer and in the event of non-compliance Bukit Bunga Grocer reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

8.7 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Bukit Bunga Grocer but if the Buyer does so all moneys owing by the Buyer to Bukit Bunga Grocer shall (without prejudice to any other right or remedy of Bukit Bunga Grocer) forthwith become due and payable.

8.8 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

8.9 The Buyer shall indemnify Bukit Bunga Grocer against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Bukit Bunga Grocer's rights under this condition.

9 Termination

9.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to Bukit Bunga Grocer through our Contact Us page at https://www.bukitbunga.com/contact/. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.

9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or Bukit Bunga Grocer acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:

9.2.1 the Goods under the Contract being unavailable for any reason; and/or

9.2.2 the Goods under the Contract has been mispriced on the Platform.

10 Warranties and Remedies

10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

10.2 Subject to this Clause 10 of these Conditions, Bukit Bunga Grocer warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Bukit Bunga Grocer further gives to the Buyer such implied warranties as cannot be excluded by law.

10.3 Bukit Bunga Grocer’s above warranty concerning the Goods is given subject to the following conditions:

10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Bukit Bunga Grocer.

10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

10.3.3 Bukit Bunga Grocer binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Bukit Bunga Grocer's opinion in that behalf. Bukit Bunga Grocer is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. Bukit Bunga Grocer does not give any warranty as to the quality state condition or fitness of the Goods.

10.3.4 Bukit Bunga Grocer shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Bukit Bunga Grocer, addition and insertion of parts, in particular of spare parts which do not come from Bukit Bunga Grocer.

10.3.5 Bukit Bunga Grocer shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Bukit Bunga Grocer's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Bukit Bunga Grocer's approval.

10.3.6 Bukit Bunga Grocer is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Bukit Bunga Grocer’s prior written approval and the Buyer shall indemnify Bukit Bunga Grocer against each loss liability and cost arising out of such claims.

10.3.7 Bukit Bunga Grocer shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

10.3.8 Bukit Bunga Grocer shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to Bukit Bunga Grocer or Seller in exchange for a replacement or a refund in accordance with Bukit Bunga Grocer’s Return Policy and Clause 7 of these Conditions above.

10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. Bukit Bunga Grocer and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Bukit Bunga Grocer’s or Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once Bukit Bunga Grocer or Seller has accepted such request.

10.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, Bukit Bunga Grocer may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.

10.7 When Bukit Bunga Grocer or Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of Bukit Bunga Grocer or Seller.

11 Liability

11.1 In no event shall Bukit Bunga Grocer be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Bukit Bunga Grocer had been advised by the Buyer of the possibility of incurring the same.

11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and Bukit Bunga Grocer’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions .

11.3 Notwithstanding any other provision of these Conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.

11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

11.5 No action shall be brought against Bukit Bunga Grocer later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

12 General

12.7 Neither Bukit Bunga Grocer nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Bukit Bunga Grocer's or Seller’s reasonable control.

12.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Bukit Bunga Grocer, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.

12.9 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

12.10 No waiver by Bukit Bunga Grocer of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Bukit Bunga Grocer’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

12.11 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

12.12 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.

12.13 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.9 below.

12.14 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Bukit Bunga Grocer. Any such actions brought against Bukit Bunga Grocer for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

12.15 Notwithstanding Clause 12.8 above, Bukit Bunga Grocer shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

12.16 Bukit Bunga Grocer may, through the Platform or by such other method of notification as Bukit Bunga Grocer may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Bukit Bunga Grocer specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.

12.17 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

12.18 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.

12.19 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

12.20 Bukit Bunga Grocer reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Bukit Bunga Grocer deems appropriate.

PLATFORM ENGAGEMENT TOOLS

1. Acceptance of Terms and Conditions

1.1. The following Platform Engagement Tools Terms & Conditions (the “Platform Terms”) govern the use of the platform engagement tools and other related services (collectively, the “Tools” and, each a “Tool”) provided by Bukit Bunga Grocer’s websites and/or mobile applications (the “Platform”).

1.2. By using any of the Tools, you are agreeing to be bound by these Platform Terms as a User (as defined below). These Platform Terms are in addition to the Terms of Use and the Terms & Conditions of Sale, Bukit Bunga Grocer Wallet Terms, which shall continue to govern your use of the Platform and which are hereby incorporated by reference into these Platform Terms. Unless otherwise defined, the definitions and provisions in respect of interpretation in the Terms of Use will apply to these Platform Terms.

1.3. The use of the Tools may be subject to additional terms (“Additional Terms”) that Bukit Bunga Grocer may prescribe from time to time. In relation to any Tool, the Additional Terms that govern the use of such Tool shall be made accessible via such Tool. If you do not agree to any of the Additional Terms, you should discontinue your use of the Tools that are subject to those Additional Terms.

1.4. In the case of any inconsistency or conflict between any documents referred to in these Platform Terms that is not expressly resolved in those documents, such inconsistency or conflict will be resolved in the following order of descending priority: the relevant Additional Terms, the Platform Terms, the Terms of Use and the Terms & Conditions of Sale.

2. Tools Conditions

2.1. The Tools are offered solely for the purpose of a User’s personal entertainment and benefit. The use of the Tools for business or commercial purposes is strictly prohibited.

2.2. Bukit Bunga Grocer may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend, discontinue the provision of, or remove any of the Tools, and Bukit Bunga Grocer shall not be liable if any such upgrade, modification, suspension, discontinuation or removal affects your use of the Platform or prevents you from accessing any of the Tools.

2.3. A “User” means a Customer who has installed the Bukit Bunga Grocer mobile app and registered for a customer account on the Platform. The use of certain Tools may be subject to additional terms of eligibility, which shall be prescribed by Bukit Bunga Grocer in its sole discretion; such additional terms of eligibility would be set out in the relevant Additional Terms.

2.4. Users shall be prohibited from running the Tools (including all individual mobile application page interfaces) with programs other than the relevant Bukit Bunga Grocer client program provided by Bukit Bunga Grocer. Examples of prohibited programs include, without limitation, automated bots and other tools meant to replace or supplement the relevant Bukit Bunga Grocer client program provided by Bukit Bunga Grocer, as well as scripts and completely or partially automated programs that provide any User with any advantage over other Users by enabling, for example, auto-refresh functions and other integrated browser mechanisms that use or concern automated procedures for using the Tools.

2.5. Users are, under no circumstances, permitted to do any of the following:

(i) create, exploit or use bugs, cheats, mods and/or hacks, or any other third party software products that may change the result, function or gameplay of the Tools;

(ii) use software that allows the mining or scraping of data or otherwise intercepts or collects information in connection with the Tools;

(iv) sell, buy or trade customer accounts on the Platform,

and the foregoing shall include all circumventions, similar actions or actions that produce an effect that matches the aforementioned prohibitions.

3. Warranties and Liability

3.1. Bukit Bunga Grocer offers the Tools within the context of its technical and operational capabilities.

3.2. Unless expressly set out in these Platform Terms or the relevant Additional Terms, to the fullest extent permitted by law, neither Bukit Bunga Grocer nor any of its service providers or affiliates makes any warranty (whether express or implied), representation or undertaking about the Tools (including, without limitation, their accuracy, availability and reliability), any software or hardware used with the Tools, any application or feature accessed by a User using the Tools, or the reliability or quality of the underlying telecommunications network accessed by such User using the Tools.

3.3. The Tools are provided on an ‘as is’ and ‘as available’ basis, and their availability is subject to the availability, functionality and reliability of resources used to provide the Tools (including, without limitation, the Platform, Bukit Bunga Grocer’s systems and the relevant third party tools), downtime and lack of availability (whether for technical reasons, required maintenance work, or otherwise), as well as events, circumstances or causes beyond Bukit Bunga Grocer's reasonable control.

3.4. To the fullest extent permitted by law, Bukit Bunga Grocer shall not be responsible to any User for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or relating to such User's use of, or inability to use, the Tools (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Platform Terms, (ii) any alleged unauthorised transactions, disruptions, errors, defects or unavailability of the Tools, and (iii) any loss of data or damage to any software or hardware used by such User to access the Tools.

3.5. In the event that any Liabilities are not excluded under clause 3.4 of these Platform Terms, to the fullest extent permitted by law, Bukit Bunga Grocer’s maximum aggregate liability to any User in respect of such Liabilities, whether under all applicable laws of contract, tort or otherwise, shall be limited to RM150.

4. Content Restrictions

4.1. The Tools include various content, imagery, media and graphics that are protected by trademarks, copyrights or other means for the benefit of Bukit Bunga Grocer or third parties. Unless explicitly permitted by these Platform Terms, or otherwise agreed in writing by Bukit Bunga Grocer, no User or any third party may edit, copy, distribute, publicly reproduce or use any Tool for any purpose other than the purpose set out in clause 2.1 of these Platform Terms. Copyright information and brand names may not be changed, hidden or removed. The term “content” includes all and any data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and any other information provided or developed by Bukit Bunga Grocer, and any such services available for download.

4.2. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of the Platform, the Tools or any individual services or functions on the Platform. Users are also required to abstain from any measure which may allow unauthorised access to data.

5. User’s Obligations

5.1. Each User acknowledges and agrees:

(i) to comply with all applicable laws and regulations when using the Tools;

(ii) to comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines, as well as third party terms of sharing channels that a User may use to invite others to use the Tools) that apply to the use of the Tools used by such User;

(iii) to be responsible for all information that is communicated, submitted or transmitted, whether to Bukit Bunga Grocer or third parties, from such User's account or device in the course of such User’s use of the Tools;

(iv) not to use the Tools or permit the use of the Tools in any manner which may adversely affect other Customers' or Users’ use of the Tools or the goodwill or reputation of Bukit Bunga Grocer or the Bukit Bunga Grocer group of companies; and

(v) to be responsible for complying with these Platform Terms.

5.2. Where Bukit Bunga Grocer, in its sole discretion, discovers or suspects that a User has breached any of these Platform Terms or the relevant Additional Terms, Bukit Bunga Grocer may take all such steps and remedies as it deems appropriate. Such steps include, without limitation:

(i) to investigate such User's account;

(ii) to prevent, restrict or suspend the access of such User to the Tools (or any part thereof) or the Platform;

(iii) to report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities;

(iv) to forfeit any rewards which a User may have received due to the User’s use of the Tools; and

(v) to cancel any Orders placed during a User’s use of the Tools.

6. Data Collected by Bukit Bunga Grocer

6.1. Bukit Bunga Grocer may collect information from the Users in the course of their use of the Tools. Such information may include personal information such as photographs, names and usernames that a User may upload, provide or use.

6.2. Any personal information that Bukit Bunga Grocer collects may be used by it, or shared with or transferred to third parties (including related companies, third party service providers, and other Users), for any or all of the following purposes:

(i) to display on scoreboards on the Platform (as defined in the Terms of Use) in relation to the Tools;

(ii) to facilitate the administration of the Tools and any rewards associated with the Tools; and

(iii) to otherwise facilitate the use of the Tools.

6.3. For the avoidance of doubt, the Privacy Policy (and the notification of the purposes of data collection therein) as referred to in the Terms of Use shall apply to all personal information referred to under these Platform Terms.

7. Miscellaneous

7.1. If at any time any provision of these Platform Terms or any Additional Terms shall be held to be illegal, invalid, or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of Bukit Bunga Grocer. To the extent it is not possible to delete or modify the provision, in whole or in part, under this clause, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Platform Terms or the relevant Additional Terms, as the case may be, and the legality, validity and enforceability of the remainder of these Platform Terms or the Additional Terms (as the case may be) shall, subject to any deletion or modification made under this clause, not be affected.

7.2. Bukit Bunga Grocer reserves the sole right to alter, modify, add to or otherwise vary these Platform Terms at any time and from time to time, and in such manner as Bukit Bunga Grocer deems appropriate at its absolute discretion. In the event of variation of these Platform Terms, if you continue to use the Tools thereafter, you shall be bound by the Platform Terms as so amended and shall be deemed to have accepted the Platform Terms as so amended.

7.3. The laws of Malaysia shall apply to and govern these Platform Terms. Any dispute arising out of or relating to these Platform Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre under the SIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Singapore. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

BUKIT BUNGA GROCER CARE

This Service Contract is a legal agreement between you and us, which governs the provision of the Services by us in respect of Product(s). By purchasing a Product, you acknowledge and agree to be bound by this Service Contract. Please refer to the “DEFINITIONS” section at the end of this Service Contract for the meanings of capitalised terms used in this Service Contract.

Your purchase of the Services extends the manufacturer’s warranty period for a twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) commencing upon the expiry of the manufacturer’s warranty. The period commencing from the expiry of the manufacturer’s warranty and ending twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) is known as the Service Period.

The Services are subject at all times to the following:

a) We have the sole option to repair or (if in our sole discretion it is more commercially practicable to do so) replace your Product with an item of similar quality and specifications.

b) If we determine (in our sole discretion) that it is more commercially practicable to replace your Product instead of repairing it, the original Product shall be replaced with a similar product. Due to technological advances, the replacement Product may be of lower retail value than the original Product or it may be a Refurbished Product. If the original Product is replaced, the Services will cease from the date of replacement.

c) Repairs or replacements of the Product are limited to products purchased domestically.

d) Repairs or replacements of the Product are limited to products which are for personal use. This means that Products that have been used for commercial or other non-personal use shall be excluded from this Service Contract.

We would only perform the Services during the Service Period. This means that we have no obligation to perform or provide the Services during the manufacturer’s warranty period, and the Services provided under this Service Contract shall not cover or replace the manufacturer’s warranty. You must exercise your rights and benefits under the manufacturer’s warranty before making a Service request under this Service Contract.

On-site repair is available for bulky Products only, which are non Carry-in Products. Where we are unable to repair your Products on-site, they will be transported to our authorised repair centre for repair, at no extra cost to you. Carry-in Products, which are Products such as Mobile Devices, laptops, tablets, small and kitchen appliances shall be delivered by you to our authorised repair centre, and no shipping or transportation costs (if any) you incur will be reimbursed by Bukit Bunga Grocer.

LIMITATIONS OF LIABILITY

Our liability under this Service Contract will not, under any circumstances, extend to any loss or injury to a person or loss or damage to property or any incidental, contingent, special or any direct or indirect loss and consequential damages including but not limited to losses incurred due to any delay in rendering service related to this Service Contract and loss of use during the period that your Product is at an authorised repair centre, and/or while awaiting repair or replacement.

ACCIDENTAL DAMAGE

If you purchase the Services for a Mobile Device, you are entitled to the following repair services (or if in our sole discretion it is more commercially practicable to do so) replacement, if there is Accidental Damage to your Mobile Device:

a) You are entitled to one (1) instance of repair services or a one (1) time replacement of the Mobile Device for any Accidental Damage. If in our sole discretion it is more commercially practicable to replace your Mobile Device instead of repairing it, the original Mobile Device shall be replaced with a similar product. Due to technological advances, the replacement Mobile Device may be of lower retail value than the original Mobile Device or it may be a Refurbished Product. If the original Mobile Device is repaired or replaced, the Services will cease from the date that the repaired or replaced Mobile Device is delivered to you.

b) Repair services for Accidental Damage will apply to Accidental Damage which occurred between the period beginning seven (7) days (“effective date”) from the Mobile Device delivery date and twelve (12) calendar months after the effective date.

c) Repair requests in relation to Accidental Damage must be submitted to us within two (2) working days of the Accidental Damage occurring. For the avoidance of doubt, you may only submit one (1) repair request in relation to Accidental Damage for the first year of the Service Contract, starting from the date you receive your Mobile Device.

GENERAL EXCLUSIONS:

Bukit Bunga Grocer will not be liable under the Service Contract if you do not submit the Product to an authorised repair centre for repair for Carry-in Products or if you do not raise a Service request with the Bukit Bunga Grocer Care call centre for bulky, non-Carry-in Products, before the expiry of the Service Contract, and in the case of Accidental Damage (for Mobile Device) only, if a Service request has not been submitted within two (2) working days of the Accidental Damage occurring.

If you send the Product for repair and/or servicing by an unauthorized service centre, this Service Contract will be null and void, and we will have no obligation to perform the Services in relation to such Product.

EXCLUSIONS:

We shall not be liable to provide you the Services in relation to any of the following:

1. Any damage or problems with the Product caused by negligence, omission or default of any kind, other than where you are entitled to services under “Accidental Damage”.

2. Liability arising out of implied warranties of merchantability, implied warranties of fitness, and strict liability.

3. Liability to anyone other than the Service Contract holder, as the case may be, except if you notify us of a transfer of a Service Contract per the terms below.

4. Any acts of fraud, or other dishonest or criminal acts.

5. Property and/or product liability insurance.

6. Products that are still covered by the manufacturer’s/dealer’s original written warranty, or your dealer warranty, repairer’s warranty, or any other warranties in effect.

7. Any defects that are subject to recall by the manufacturer / dealer.

8. Non-operating and cosmetic items, paint, or product finish, accessories used in or with the eligible product unless covered under a separate Service Contract, cables, cords, add-on options incorporated in a product for which options are not essential to the basic function of the Product for which the Service Contract was purchased.

9. Software (including operating system and any stored data), defects resulting directly from software installation and or removal, computer virus, virus prevention, and other peripherals.

10. Routine maintenance, cleaning, adjustments or software updates.

11. Abuse, theft, sand, corrosion, excessive heat, battery leakage, Acts of God, commercial usage, power outages or surges, inadequate or improper voltage or current (fluctuation of electrical power, lightning, static electricity), improper environment (including lack of proper temperature or humidity). Unauthorised modifications made to the Product and/or problems/defects arising from such unauthorised modifications; altered serial/IMEI numbers; failure to follow manufacturers’ instructions on installation, operation or maintenance; repairs performed by non-authorised repairer; any items not affecting the function of the Product; image burn.

12. Costs of express service charges, transportation damage, removal or reinstallation unless specifically included in the Service Contract.

13. Problems or defects not covered under the original manufacturer’s/dealer’s original written warranty or any other warranties in effect unless otherwise stated, unless otherwise specified in the Service Contract, including but not limited to where you are entitled to Accidental Damage related repair or replacement services.

14. Failure to follow manufacturer’s recommended instructions for installation, operation, routine care maintenance, inspection, cleaning, external adjustments etc. including problems cause by a device that is not the Product, including equipment/accessories that are not produced by original equipment manufacturer, whether or not purchased at the same time as the Product.

15. Damage due to organic infestation (from internal and/or external sources).

16. Deterioration or spoilage of any food stored due to defect of refrigerator.

17. Water leakage due to blockage of drainpipe under normal use.

18. Commercial use (multi-user organisations), public rental, use for profit or communal use.

19. Any diagnosis where no defect has been found or noted.

20. Consumables including but not limited to batteries, bulbs, compact discs, digital tapes, stylus, toner and ink cartridges.

21. External faults such as rust, wiring, electrical connection or plumbing, piping, fitting, realigning of signal receivers (poor receptions), and consequential loss of any kind.

22. Normal wear and tear, scratching, chewing, spilled liquids, corrosion, animal and insect infestation, fungi, wet or dry rot, or bacteria, misuse, neglect and abuse.

23. Repairs necessitated by improper maintenance, accidental, intentional physical damage, damage by sand or water, unless otherwise specified in the Service Contract including but not limited to where you are entitled to Accidental Damage repair or replacement services.

FOR SERVICE REQUEST – CALL OUR SERVICE HOTLINE +603 21651808

When the Product failure occurs due to an electrical or mechanical defect or accidental damage, you may contact the Bukit Bunga GrocerCare Support Hotline at +603 21651808 to report the failure. This hotline is available Monday to Friday 9 a.m. to 6 p.m. in Malaysia, excluding local public holidays.

Our experienced customer service representatives will be ready to guide you through the Service process. To expedite the Services, please ensure that you have your Service Contract details readily available before placing the call. If the Product failure is not reported to us prior to repair/replacement, the repair/replacement cost shall not be approved.

To validate that your Product is covered by the Services, please ensure you keep all the proof of purchase, such as sales receipts, in a safe place.

CANCELLATION

This Service Contract can be cancelled within fourteen (14) days of the Product order date at a full refund of paid service fee provided that no Service request has taken place. If a Service request has taken place, no refund will be provided upon cancellation.

CONTRACT TERMINATION

This Service Contract will terminate automatically: (i) upon expiry of the term of this Service Contract, (ii) when a Product has been repaired and returned to you, (iii) upon replacement of the Product if (in our sole discretion it is more commercially practicable to do so) or (iv) upon written notification by us of termination of this Service Contract within fourteen (14) days of original purchase of this Service Contract (subject to our providing a full refund of paid service fees), whichever is earlier.

TRANSFER OF SERVICE CONTRACT TO SECOND OWNER

If you sell or transfer your Product to another consumer within the term of this Service Contract, you must call Bukit Bunga Grocer Care Support Hotline within fourteen (14) days from the date of the sale or transfer of the Product to another consumer, in order to transfer this Service Contract. It is also important to report your new address in the event you change your residential address and take the Product(s) with you.

GENERAL

This Service Contract is not an insurance contract, insurance policy or guarantee. This Service Contract is not a guarantee or promise relating to the nature of the material, workmanship or performance of your Product.

For verification purposes, you may be required by our customer service representative to present your Service Contract to expedite the provision of the services contemplated by this Service Contract. As such, we recommend that you place these documents in a safe place.

DEFINITIONS:

  • Accidental Damage means at a definable time and place your Mobile Device stops working normally and its usability or its safety is affected solely as a result of either of the following events:

(i) Screen Damage: Loss of functionality, cracking or breaking of the screen. Repairs for such damage provided under this Services Contract will be limited to parts needed to fix a cracked or broken screen and back glass such as glass /plastic screen, LCD and sensors fixed to the screen; or

(ii) Liquid Damage: Loss of functionality of the Mobile Device as a result of a liquid directly damaging the electronic components of the Mobile Device, caused by unintentional spills.

For the avoidance of doubt, damage to your Mobile Device which arose as a result of deliberate acts or omissions to cause the Mobile Device to stop working normally, or to affect its usability or its safety shall not constitute Accidental Damage. We shall (acting reasonably) have sole determination of whether damage done to a Mobile Device is deliberate.

• Act of God refers to natural disaster, fire, flood, war, invasion, act of foreign enemy, hostilities or warlike operations, civil war, civil commotion.

  • Mobile Device means a mobile phone that performs many of the functions of a computer, typically having a touchscreen interface, Internet access, and an operating system capable of running downloaded applications (“Smartphone”), or a wireless portable personal computer with a touchscreen interface that does not have a permanently attached keyboard (“Tablet”) that You purchase from Bukit Bunga Grocer and is covered by the Services.
  • Product means a product listed for sale on Bukit Bunga Grocer and covered by the Services under this Service Contract.
  • Refurbished Product means a used product that is in good condition. There will be signs of use such as scratches but will not include deep scratches and no significant signs of heavy wear and tear. This will not affect the functions of the product.
  • Service(s) means arranging for the repair or replacement of the Product pursuant to this Service Contract.
  • We, us, our and Bukit Bunga Grocer
  • You and your refer to consumers who purchase Products and cover by the Services under this Service Contract.

VOUCHER TERMS & CONDITIONS

The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes ("Vouchers").

1. Vouchers are only valid on the Bukit Bunga Grocer website, mobile website or mobile applications (iOS & Android).

2. A valid code must be entered at the checkout page in order to redeem a Voucher.

3. Customers can only redeem up to one Voucher per day.

4. Customers can only use the Voucher for a one-time purchase only.

5. Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.

6. Bukit Bunga Grocer reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances:

(a) suspicious or fraudulent purchasing activity or Voucher use;

(b) Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or

(c) Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)

7. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.

8. Additional terms and conditions may be specified in relation to specific Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those Vouchers in addition to these terms.

9. Use of Vouchers by resellers is not tolerated, and Bukit Bunga Grocer reserves the right to cancel orders which are deemed to display reseller behavior.

10. Vouchers are not exchangeable for cash.

11. Bukit Bunga Grocer will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:

(a) discontinued or cancelled Vouchers;

(b) improper use of, or inability to redeem, a Voucher; or

(c) the inability to redeem a Voucher due to technical issues.

12. Bukit Bunga Grocer reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.

DIGITAL VOUCHERS & GIFT CARDS

1. General

1.1 By purchasing and/or using digital voucher(s) or digital coupon(s) bought from the Platform (the “Digital Good(s)”), you, the Customer (as defined in the Terms of Use), agree to be bound by these Digital Goods Terms and Conditions (the “Digital Goods Terms”), in addition to the Terms of Use for the Platform, which are incorporated by reference into these Digital Goods Terms.

1.2. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of these Digital Goods Terms and the Terms of Use, the provisions of these Digital Goods Terms shall prevail.

1.3. You should refer to the product details page of the relevant Digital Good(s) ("Product Details Page") for any Seller (as defined in the Terms of Use) specific terms and conditions and expiry dates.

2. Issuance of Digital Good(s)

2.1. When you buy a Digital Good(s), you will receive it via your provided email and/or via your Bukit Bunga Grocer Wallet (as defined in the Bukit Bunga Grocer Payment Account User Terms and Conditions).

2.2. If, for whatever reason, you fail to receive the Digital Good(s) in accordance with these Digital Goods Terms, Bukit Bunga Grocer may at its sole and absolute discretion offer a voucher to you. Upon the acceptance of such voucher by you, you agree that you shall have no further claim against Seller.

2.3. Seller is the issuer of the Digital Good(s) but is not responsible for failure to issue as a result of any Platform or Bukit Bunga Grocer Wallet failure. You acknowledge and agree that you shall not hold Bukit Bunga Grocer responsible for any failure or error in the issuance of the Digital Good(s), whether as a result of Platform or Bukit Bunga Grocer Wallet failure or otherwise.

2.4. You acknowledge that purchase and receipt of the Digital Goods(s) is subject to the issuance and availability of the Digital Good(s). In lieu of the Seller, Bukit Bunga Grocer may be responsible for delivering the Digital Good(s), in which case Bukit Bunga Grocer will use reasonable efforts to do so, within the lead-time as stated in the Product Details Page of the Digital Good(s).

3. Digital Good(s) – Loss, Theft, Used in Error or Used Prematurely

Once purchased, the Digital Good(s) is your responsibility and any Digital Good(s), including any accompanying QR code, barcode, PIN codes and/or serial number (each a "Code"), that are lost or stolen, used in error or used prematurely shall not be replaced.

4. Redeeming Digital Good(s)

4.1. Instructions on how to redeem Digital Good(s) may be made available on the Product Details Page.

4.2. You acknowledge that fulfilment of the Digital Good(s) is not guaranteed. It is subject to circumstances which may or may not be beyond the control of Bukit Bunga Grocer, including but not limited to the availability of the Digital Good(s), or the failure of Seller to procure the merchant's agreement to provide the relevant merchant's goods and services upon redemption of the Digital Good(s). You agree not to hold Bukit Bunga Grocer liable for any errors, omissions, service interruptions, faults, defects, failure to conclude a redemption of the Digital Good(s).

4.3. Codes may be used to redeem products and/or services at the Seller's or Seller-specified merchant's premises stated in the Product Details Page.

5. Your Obligations and Use of the Digital Good(s)

5.1. You acknowledge and agree that:

5.1.1. Digital Good(s) can only be redeemed within the period of time and the premises, where applicable, specified on the Product Details Page;

5.1.2. Digital Good(s) cannot be redeemed on certain black-out dates or promotion dates set by Seller or Bukit Bunga Grocer;

5.1.3. You shall not use Digital Good(s) or permit the use of Digital Good(s) in any manner which may adversely affect other Customers’ use of Digital Good(s) and/or any other Service (as defined in the Terms of Use) provided to such Customers, as Bukit Bunga Grocer may reasonably determine;

5.1.4. Digital Good(s) are offered to you on an “as is” basis, and unless otherwise specified in these Digital Goods Terms;

5.1.5. reproduction, sale, resale or trade of Digital Good(s) is prohibited, and any attempt to carry out any of these activities entitles Bukit Bunga Grocer to void the Digital Good(s) at its option;

5.1.6. if the Digital Good(s) are redeemed for less than its face value, there is no entitlement to cashback, cash or new Digital Good(s) equal to the difference between the face value and the amount redeemed;

5.1.7. Digital Good(s) are redeemable in their entirety only and may not be redeemed incrementally;

5.1.8. it is at the discretion of the merchant to determine whether the Digital Good(s) may be combined with any other promotions, vouchers, third party certificates or coupons;

5.1.9. use or purchase of the Digital Good(s) constitutes acceptance of these Digital Goods Terms;

5.1.10. you are responsible for all information you submit, transmit or otherwise make available during the purchase or redemption of any Digital Good(s); and

5.1.11. to the fullest extent permitted by law, Bukit Bunga Grocer expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Digital Good(s) or Code, without prejudice to any other provision in these Digital Goods Terms.

6. Refunds, Exchange and Cancellations

6.1. Any Digital Good(s) bought cannot be returned, refunded, transferred and/or cancelled after purchase, unless a refund and/or cancellation is permitted in accordance with Clause 6.6.

6.2. Issued Digital Good(s) cannot be exchanged for cash. Each Seller may have its own policy on the exchange of issued Digital Good(s).

6.3. Replacement of the Digital Good(s) may be allowed, at Bukit Bunga Grocer’s sole and absolute discretion, if there is a systemic failure on Seller or Bukit Bunga Grocer’s part.

6.4. Exchange of a Product (as defined in the Terms of Use) or service purchased using Digital Good(s) shall be subject to Seller’s terms and conditions.

6.5. Bukit Bunga Grocer reserves the right to cancel or reject the use of any Digital Good(s) at its sole and absolute discretion, including, without limitation, where it deems or suspects that any transaction is fraudulent.

6.6. Notwithstanding Clause 2.3, Bukit Bunga Grocer may, at its sole and absolute discretion, permit a refund and/or cancellation of Digital Good(s), provided always that the Digital Good(s) have not expired.

7. Availability of Digital Good(s)

7.1. You acknowledge that purchase or redemption of Digital Good(s) are subject to resource availability, including, without limitation, availability of the Platform.

7.2. Bukit Bunga Grocer does not make any representation, warranty or guarantee:

7.2.1. on the performance and capability of the Platform;

7.2.2. that the Bukit Bunga Grocer Wallet and the Codes are appropriate and available for use at all times;

7.2.3. about the accuracy, reliability, suitability, completeness or timeliness of the Bukit Bunga Grocer Wallet and/or the Codes;

7.2.4. about the quality, suitability, safety or ability of the Digital Good(s) issued by the Seller;

7.2.5. about the quality, suitability, safety or ability of the goods and/or services made available by the merchants; and/or

7.2.6. on the success of any redemption of the Digital Good(s).

7.3. You acknowledge and accept that Bukit Bunga Grocer may suspend, terminate and/or discontinue the purchase or redemption of the Digital Good(s) at its sole and absolute discretion without prior notice and without any liability whatsoever to you.

8. Use and Disclosure of Data

8.1. You agree that Bukit Bunga Grocer shall be entitled to use or disclose any information or data disclosed by you in accordance with Bukit Bunga Grocer’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by Bukit Bunga Grocer from time to time.

8.2. Order issuance in relation to Digital Good(s) may be handled by a third party appointed by Bukit Bunga Grocer, in which case you may receive direct communication of Digital Good(s) Codes from the third party.

9. Miscellaneous

9.1. The rights and protections conferred on Bukit Bunga Grocer under these Digital Goods Terms shall be additional to the rights and protections conferred on Bukit Bunga Grocer under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by you .

9.2. Any clause in these Digital Goods Terms, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by you that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

9.3. Bukit Bunga Grocer reserves the right to alter, modify, add to or otherwise vary these Digital Goods Terms from time to time, and in such manner as Bukit Bunga Grocer deems appropriate without prior notice. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Digital Good(s) after such amendment, you shall be deemed to have accepted the amendments.

BUKIT BUNGA GROCER PAYMENT PROTECTION POLICY

(Updated as of October 2018)

This Bukit Bunga Grocer Payment Protection Policy (“Policy”) supplements the Bukit Bunga Grocer Terms of Use, Bukit Bunga Grocer Wallet Privacy Policy and Bukit Bunga Grocer Wallet Terms and Conditions (collectively, the “Bukit Bunga Grocer Terms”) with regard to your Bukit Bunga Grocer Account. If any matter is not provided for in this Policy but is provided for in the Bukit Bunga Grocer Terms, the provisions of the Bukit Bunga Grocer Terms shall prevail. If there is a conflict between the provisions of this Policy and the provisions of Bukit Bunga Grocer Terms, the provisions of this Policy shall prevail to the extent of such conflict. Unless otherwise expressly provided herein, the capitalized terms shall have the same meanings as set forth in the Bukit Bunga Grocer Terms. This Policy is a legal agreement between you and us.. By using your Bukit Bunga Grocer Account, you agree to be bound by the terms of this Policy.

1.1 Protection against Unauthorized Transactions.

Bukit Bunga Grocer will provide you with compensation for Unauthorized Transactions (defined below), provided that you comply with the procedures set out within the Policy.

An "Unauthorized Transaction" occurs when, because of a fraudulent take-over of the Bukit Bunga Grocer Account:

(a) transaction is made from the value stored within your Bukit Bunga Grocer Wallet that you did not authorize and that did not benefit you;

(b) a transaction or Top Up to the Bukit Bunga Grocer wallet is made from a credit or debit card saved in your Bukit Bunga Grocer Account that you did not authorise and that did not benefit you; or

(c) a transaction or Top Up to the Bukit Bunga Grocer wallet is made from the Direct Link account, that you did not authorise and that did not benefit you.

Notwithstanding the foregoing, you have an obligation to ensure the safety and security of your Bukit Bunga Grocer Account. If you authorize someone to access your Wallet by providing them with your login information or otherwise, and they conduct transactions without your knowledge or permission, you shall be responsible for all consequences arising from such use.

1.2 Notify Bukit Bunga Grocer

a. You should immediately notify Bukit Bunga Grocer if you believe there has been an Unauthorized Transaction or unauthorized access to your Bukit Bunga Grocer Account. To be eligible for compensation under this Policy, you must notify us within 60 days from the date an Unauthorized Transaction first appears in your account.

b. You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction. Bukit Bunga Grocer will send you an e-mail through the-mail address you have provided to notify you of every transaction made in your account. You should check these transaction confirmation messages to ensure that each transaction has been authorized by you and the information in your account is accurate.

c. If an Unauthorized Transaction appears in your account, please contact Bukit Bunga Grocer Customer Service through the contact us page (https://www.bukitbunga.com/contact). You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, in order for the investigation to begin. Bukit Bunga Grocer will only initiate an investigation upon receipt of all information/documents.

1.3 Actions taken by Bukit Bunga Grocer upon receipt of notification

a. Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following:

(a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction.

(b) Bukit Bunga Grocer will complete the investigation within 2 working days from the date where all necessary information and/or documents were received by us.

(c) We will inform you of our decision once we complete the investigation.

b. If we determine that the Unauthorized Transaction is one which qualifies for Bukit Bunga Grocer Payment Protection, we will credit the full amount of the Unauthorized Transaction to the respective sources as shown below:

c. If we determine that the Unauthorized Transaction is one that does not qualify for Bukit Bunga Grocer Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.

1.4 Scope of protection

a. The following types of transactions are excluded from the scope of coverage of our Bukit Bunga Grocer Payment Protection Policy:

(a) Disputes on genuine transactions, such as non-receipt of the item you have purchased;

(b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account;

(c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions;

(d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond Bukit Bunga Grocer’s reasonable control;

(e) Where the Unauthorized Transaction took place as a result of any terminal or system (including Bukit Bunga Grocer and Alipay) being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;

(f) ‘Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or

(g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.

PRE-SALE TERMS & CONDITIONS

Pre-Sale Program

Buyer Terms and Conditions of Participation

1. Acceptance of Terms and Conditions

1.1. The following general terms and conditions regulate the use of, and purchase of Products, through the pre-sale program offered by us on Bukit Bunga Grocer’s websites, mobile applications and in-application stores. By participating in or utilizing the Pre-Sale Program on any of the foregoing Bukit Bunga Grocer platforms, you, as an eligible user (such person, a “User”), agree unconditionally and irrevocably to be bound by, and shall be deemed to accept, these terms and conditions (the “Pre-Sale Terms”) in addition to the Terms of Use for the https://www.bukitbunga.com/ website (“Website”) and/or the BUKIT BUNGA GROCER mobile app, the Terms & Conditions of Sale, the Digital Vouchers & Gift Cards Terms and Conditions, the Bukit Bunga Grocer Wallet Terms and Conditions and the l Terms and Conditions which are incorporated by reference into these Pre-Sale Terms. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.

1.2. Bukit Bunga Grocer offers the Pre-Sale Program within the context of its technical and operational capabilities, subject to downtime and lack of availability during which the use of the Pre-Sale Program and other services are interrupted or affected due to urgent technical reasons or required maintenance work. Bukit Bunga Grocer shall not be liable, in any case whatsoever, for these instances in accordance with the conditions of this Pre-Sale Terms. This also does not include periods of time in which Bukit Bunga Grocer’s general services or the servers of the Pre-Sale Program offered do not allow online access due to reasons beyond Bukit Bunga Grocer’s control such as any events of force majeure or as a result of third party actions or omissions.

1.3. Bukit Bunga Grocer continuously updates, changes and develops its Pre-Sale Program and other services at its own discretion. Other provisions or general terms and conditions of a User that deviates in any way from Bukit Bunga Grocer’s Pre-Sale Terms herein, shall only apply if Bukit Bunga Grocer gives prior written consent to their validity.

1.4. Bukit Bunga Grocer does not make any warranty or representation or undertaking on the performance and capability of the BUKIT BUNGA GROCER mobile app, the Website and/or any software or hardware used with such BUKIT BUNGA GROCER mobile app or Website, any application accessed by a User using the BUKIT BUNGA GROCER mobile app and/or the Website, or the reliability or quality of the underlying telecommunications network accessed by such User using the BUKIT BUNGA GROCER mobile app or Website, each in connection with the Pre-Sale Program.

1.5. In addition to these Pre-Sale Terms, any existing rules and terms of the brands offering Products under the Pre-Sale Program shall also apply. In the case of any inconsistency or conflict between these Pre-Sale Terms, the rules of any brand and/or the Terms of Use, the provisions of these Pre-Sale Terms shall prevail over the others, following by the Terms of Use and thereafter the rules of any brand, to the extent of such conflict.

2. Conditions of Pre-Sale Program

2.1. The Pre-Sale Program shall only be made available for Users during applicable campaign periods, the dates, times and duration of which shall be determined by Bukit Bunga Grocer at its sole and absolute discretion (such period, the “Campaign Period”). A User shall be a Customer who has registered for a customer account on the Bukit Bunga Grocer Mobile app or Website controlled, and operated, by Bukit Bunga Grocer. Users shall only be able to participate in the Pre-Sale Program on the BUKIT BUNGA GROCER mobile app after they have logged in and provided their full name and any other required information in accordance with their ID Card or passport. Only natural persons are eligible for registration and participation in the Pre-Sale Program and only individual persons are permitted to be authorized users.

2.2. Users shall be prohibited from participating in the Pre-Sale Program with programs other than the Bukit Bunga Grocer client program. This refers in particular to automated bots and other tools meant to replace or supplement the mobile application interface. In addition, scripts and completely or partially automated programs providing Users with any advantage over other Users shall be prohibited, including without limitation, auto-refresh functions and other integrated browser mechanisms that use or concern automated procedures for participation in the Pre-Sale Program.

2.3. Users are, under no circumstances, permitted to:

(i) create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the Pre-Sale Program;

(ii) use software that allows the mining of data or otherwise intercepts or collects information in connection with the Pre-Sale Program;

(iii) use virtual items (including deal, platform or brands vouchers) that are being used in the Pre-Sale Program outside of the Pre-Sale Program other than for purchase of Products through Bukit Bunga Grocer, purchase virtual items for “real” money, or sell or swap virtual items; and

(iv) sell, buy or trade User accounts,

and the foregoing shall include all circumventions, similar actions or actions that produce an effect that matches the aforementioned prohibitions.

2.4. The User acknowledges that the availability of the Pre-Sale Program shall be subject to:

(i) the availability and functionality of resources including, without limitation, the availability and functionality of the BUKIT BUNGA GROCER mobile app and/or Website; and

(ii) the capability of Bukit Bunga Grocer’s systems at the time and location when the Pre-Sale Program are due to be operated or run for Users.

2.5. The User accepts that Bukit Bunga Grocer shall not be responsible to him or her for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or related to the Pre-Sale Program (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Pre-Sale Terms, (ii) any alleged unauthorised transactions, disruptions, errors, defects or unavailability of the Pre-Sale Program, or (iii) any loss of data or damage to any of his or her mobile, electronic or digital equipment, to the fullest extent permitted by law.

2.6. In the event that any Liabilities are not excluded under Clause 2.4, Bukit Bunga Grocer’s maximum aggregate liability to any User in respect of such Liabilities, whether under all applicable laws of contract, tort or otherwise, shall be USD 50 (or the equivalent value of such amount in MYR as converted according to the Bloomberg foreign exchange rate recorded as at the first date of a User’s claim or complaint), to the fullest extent permitted by law.

3. Content Restrictions

3.1. Bukit Bunga Grocer’s Pre-Sale Program includes various content, imagery, media and graphics that are protected by trademarks, copyrights or other means for the benefit of Bukit Bunga Grocer or third parties. Unless explicitly permitted within these Pre-Sale Terms, no User or any third party may edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes of the Pre-Sale Program, or the content or any portion thereof. Copyright information and brand names may not be changed, hidden or removed. The term “content” includes all and any data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided or developed by Bukit Bunga Grocer and any such services available for download.

3.2. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Bukit Bunga Grocer’s mobile application and/or Website, any individual services and/or offers there, or its Pre-Sale Program. Users are also required to abstain from any measure which may allow unauthorized access to data. Any use of Bukit Bunga Grocer’s Pre-Sale Program for commercial purposes, especially advertising purposes, requires the express prior written consent of Bukit Bunga Grocer. Users are not entitled to publish content on Bukit Bunga Grocer’s Pre-Sale Program or other services.

4. General Rules of Participation in the Pre-Sale Program

4.1. During or prior to the Campaign Period, certain Products shall be offered for pre-sale on the Website and the BUKIT BUNGA GROCER mobile app to Users for a restricted period of time as determined by Bukit Bunga Grocer (such period, the “Pre-Sale Period”) during which Users may place a pre-sale order for any such Product through payment of a portion of the pre-sale purchase price for that Product (such amount paid, the “Pre-Payment”). The Products offered for pre-sale under the Pre-Sale Program, the pricing of such Products and the required pre-payment amounts for such Products, shall be determined by the Third Party Vendors.

4.2. Prior to making the Pre-Payment, the User shall provide for the delivery address of the Products and his or her contact details and schedule the delivery date and timeframe. The User shall be informed of the amount of Pre-Payment to be made for that Product during the Pre-Sale Period and the remaining amount of payment (the “Final Payment”) to be made to complete the Order for the Product, as well as the timeline within which the Final Payment may be made for the Product (the “Final Payment Period”).

4.3. The Final Payment Period shall commence after the final date of the Pre-Sale Period. Each User shall provide his or her contact details, mobile number and/or email address for BUKIT BUNGA GROCER and/or its affiliates or authorised agents to notify and/or remind such User to make the Final Payment during the Final Payment Period to complete his or her Order for the Product.

4.4. By participating in the Pre-Sale Program and payment of the Pre-Payment in respect of any Product, each User acknowledges, understands and undertakes that such Pre-Payment is non-refundable and subject to forfeiture where the User does not make the Final Payment for such Product and complete the Order within the Final Payment Period.

4.5. An Order shall only be confirmed and processed for delivery by Bukit Bunga Grocer in respect of a Product available under the Pre-Sale Program where both the Pre-Payment and Final Payment have been made during the Pre-Sale Period and Final Payment Period respectively. Where a User has made a Pre-Payment for any Product during the Pre-Payment Period but fails to make the Final Payment for such Product during the Final Payment Period, the Order for such Product shall not be confirmed and Bukit Bunga Grocer shall have the sole right, entitlement and discretion to retain and/or forfeit the Pre-Payment amount.

4.6. Only upon successful Pre-Payment for any Product shall any stock for that particular Product be reserved for the paying User.

4.7. Save where Bukit Bunga Grocer cancels any Order made by a User, a User shall only be entitled to a refund of any payments made for a Product offered under the Pre-sale Program after completion of an Order for such Product and where he or she fulfils and/or satisfies the conditions and requirements for refunds under the Terms of Use.

4.8. A User shall be entitled to make payment for any Products offered under the Pre-Sale Program using any of the payment method prescribed by Bukit Bunga Grocer from time to time, save that:

(i) cash on delivery shall not be offered as a payment method for Products purchased through the Pre-Sale Program; and

(ii) a User shall be required to utilize the same payment method for each of the Pre-Payment and Final Payment.

4.9. Bukit Bunga Grocer reserves the right to cancel and/or refund any Pre-Payments made by a User or Orders placed in connection with the Pre-Sale Program where it determines in its sole and absolute discretion that such User has breached these Pre-Sale Program Terms, the Terms of Use or the Terms & Conditions of Sale.

5. User’s Obligations

5.1. Each User acknowledges and agrees that:

(i) He or she shall comply with all applicable laws and regulations to the fullest extent when participating in the Pre-Sale Program.

(ii) He or she shall comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines) provided by brands or sharing channels where such sharing channels are used to invite third parties to the Pre-Sale Program, and such User shall not, as part of his or her participation in the Pre-Sale Program, breach any of these terms.

(iii) He or she shall be responsible for all information that is communicated, submitted, transmitted or otherwise made available during such User’s participation in the Pre-Sale Program whether to Bukit Bunga Grocer or third parties.

(iv) You shall not participate in the Pre-Sale Program or permit the participation in the Pre-Sale Program in any manner which may adversely affect other customers' or Users’ participation in the Pre-Sale Program or the goodwill or reputation of Bukit Bunga Grocer.

(v) You are responsible for complying with these Pre-Sale Terms.

(vi) Bukit Bunga Grocer, to the fullest extent permitted by law, excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that a User would otherwise be entitled to under law.

5.2. Where Bukit Bunga Grocer deems that a User has breached any of these Pre-Sale Terms, including fraudulently participating in the Pre-Sale Program, Bukit Bunga Grocer reserves the right, at its sole and absolute discretion to:

(i) prevent or restrict access of any User to the Pre-Sale Program, the BUKIT BUNGA GROCER mobile app and/or Website;

(ii) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(iii) cancel any Orders placed during a User’s participation in the Pre-Sale Program.

6. Miscellaneous

6.1. Any Clause in these Pre-Sale Terms, the Terms of Use, the Standard Terms and Conditions, the Privacy Policy, the Digital Vouchers & Gift Cards Terms and Conditions, the Bukit Bunga Grocer Payment Account User Terms and Condition and the Terms and Conditions as well as such other terms and conditions as may be agreed or accepted by a User, that are invalid, unenforceable or illegal shall be enforced as far as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other Clauses, terms and/or conditions which Clauses, terms and/or conditions shall continue to be valid and enforceable to the fullest extent permitted by law.

6.2. Bukit Bunga Grocer reserves the sole right to alter, modify, add to or otherwise vary these Pre-Sale Terms at any time and from time to time, and in such manner as Bukit Bunga Grocer deems appropriate at its absolute discretion. In the event of variation of these Pre-Sale Terms, if you continue to participate in or use the Pre-Sale Program thereafter, you shall be bound by the Pre-Sale Terms as so amended and shall be deemed to have accepted the Pre-Sale Terms as so amended.

6.3. Bukit Bunga Grocer shall not be liable to you for any Losses which may be incurred as a result of any non-performance, error, interruption or delay in the performance of its obligations under these Pre-Sale Terms (or any part thereof) or in connection with the Pre-Sale Program or for any inaccuracy, unreliability or unsuitability of the program if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Bukit Bunga Grocer’s reasonable control.

6.4. The laws of Malaysia shall apply and govern these Pre-Sale Terms. Any dispute arising out of or relating to these Pre-Sale Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre under the SIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Singapore. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

6.5. No vouchers or voucher codes may be used in conjunction with any Pre-Payment or Final Payment for any Product.