The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g. companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
BorneoShop reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
BorneoShop is a brand of Digital Essential Sdn Bhd (1122340-T) and https://borneoshop.com.my, unless otherwise stated.
Through our Platforms, BorneoShop links you to the merchant (“Merchant”) for you to order a variety of goods including prepared meals and other miscellaneous non-food items (hereinafter collectively referred to as “Goods”) to be delivered to you. When you place an order for Goods from our Merchant (“Order”), BorneoShop acts as an agent on behalf of that Merchant to facilitate, process and conclude the order and subsequently for either us or the Merchant to deliver your Order to you. Merchants may be owned and operated by third party companies, our affiliate companies, or us.
1.1 You will need to register for a BorneoShop account for you to use the Platform. When you register for a BorneoShop account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your BorneoShop account are your sole responsibility.
1.2 BorneoShop shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of BorneoShop and/or third parties who have been authorised by us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of BorneoShop’s trademarks on any other website not approved by us is strictly prohibited. BorneoShop will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. BorneoShop neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with BorneoShop. Use of any materials on the Platforms is at your own risk.
3.1 When you place an Order with BorneoShop, BorneoShop will confirm your order by sending you the Order receipt within the Platform. Where applicable, Orders will include delivery fees, any applicable service charges and tax (e.g. sales and services tax & etc.).
3.2 Minimum Order Value – Some of our Merchants require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.
3.3 Special Instructions – BorneoShop and the Merchants (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However in some cases where this is not feasible, possible, or commercially reasonable, BorneoShop and/or the Merchant reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither BorneoShop nor the Merchant shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
3.4 Prior to placing the Order
3.4.1 You are required to provide the delivery address for the Platform to display the Merchants available in your delivery area.
3.4.2 Once you select a Merchant, you will be taken to that Merchant’s menu page for you to select and add your Goods to the cart.
3.5 Placing the Order
To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive your Order receipt from us.
3.6 Cancelling an Order
3.6.1 You are allowed to make cancellation within 60 seconds upon your Order made. After the Platform/Merchant has accepted your order, please contact us immediately via our in-app customer support lodge feature if you wish to cancel your Order. Merchants have the right to cancel your Order provided a Merchant has not yet accepted your Order.
Upon successful cancellation, the refund amounts will be automatically credit back to your credit account in the Platform. If the choice of payment method is credit card or debit card, the refund amount will be credited to your card’s account within three working days.You are not allowed to cash out any amount from your credit account.
3.7 BorneoShop reserves the right to cancel any Order and/or suspend, deactivate or terminate your BorneoShop account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your BorneoShop account and/or with your Order.
4.1 Prices quoted on the Platform shall be displayed in the “MALAYSIA RINGGIT (RM)” and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Merchants (either on their own websites, mobile applications, or at their brick-and-mortar outlets).
4.2 The way we display the prices of our Goods may vary depending on the Merchant, and the prices reflected on our Platforms may include or exclude SST or such other equivalent tax. A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
4.3 Delivery fees are chargeable on every Order unless you opt to collect your Order directly from the Merchant (“Pick-Up”); or you have a valid promotional or discount voucher and apply it at Checkout.
4.4 You can choose to pay for an Order using any of the different payment methods offered on the Platforms including: e-wallet, credit card or such other payment method we offer from time to time.
4.5 If you have existing credit in your BorneoShop account, the Platform will utilise the amount first at your next order. You can also use valid promotional or discount vouchers for part or all of your Order as the case may be.
4.6 Payment Methods
BorneoShop reserves the right to offer additional payment methods and/or remove existing payment methods at anytime in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future orders. BorneoShop does not store your credit card or payment information.
4.7 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, BorneoShop takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations, and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
5.1 Delivery Areas
You understand that our Merchants offer their Goods in specific delivery areas and our Merchants vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Merchants that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
5.2 Delivery Time
5.2.1 BorneoShop shall deliver your Order to the delivery address provided by You. Some of the merchant might not offer “ASAP” as a delivery option. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be displayed to you in the Platform but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘Activity’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.
5.3 Unsuccessful or Failed Deliveries
5.3.1 In cases where we attempt to deliver an Order, but we are unable to do so due to the reasons caused by you, including but not limited to:
(i) no one was present or available to receive the Order; or
(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or
(iii) lack of appropriate or sufficient access to deliver the Order successfully;
(iv) lack of a suitable or secure location to leave the Order; or
5.3.2 No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, BorneoShop reserves the right to cancel the Order without refund or remedy to you.
5.4 Wrong Order, Missing Items, Defective Goods
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via lodge function within the Platform immediately. In some cases, BorneoShop may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
5.5 Order Pick-Up
5.5.1 Where available, you will have the option of collecting your Order in-person directly from the Merchant’s premises (“Self Pick Up”) instead of having the Order delivered to You. The Platform will indicate the time for you to Pick-Up the Order (“Collection Time”). The Merchant will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. In some cases, the Merchant have the right to hold the Order for you at the Merchant’s premises for a reasonable period from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.
5.5.2 In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Merchant before leaving the Merchant’s premises.
5.6 Merchant Delivery
In some cases, our Merchants will deliver the Order to you (“Merchant Delivery”). While we will use reasonable efforts to provide prior notice to you on Merchant Delivery, this may not always be possible. Where Merchant Delivery applies, we may ask you to contact the Merchant directly in the event of issues or delays in your delivery. BorneoShop shall not be responsible in any way for Orders or Goods that are delivered by Merchants.
6.1 From time to time, BorneoShop may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once. Unless otherwise stated, Vouchers can only be used on our Platforms.
6.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
6.3 BorneoShop reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply
6.4 We may exclude certain Merchants from the use of Vouchers at any time without prior notice to you.
7.1 Representations and Warranties
You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While BorneoShop makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
7.2 Limitation of Liability
To the extent permitted by law, BorneoShop (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The BorneoShop entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the BorneoShop entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.
7.3 Merchant’s representations
BorneoShop shall neither be liable for actions or omissions of the Merchant nor you regarding provision of the Goods and where Merchant Delivery applies to your Order. BorneoShop does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Merchants or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Merchant’s listing/offering on the Platform. Nothing in these Terms shall exclude Merchant’s liability for death or personal injury arising from Merchant’s gross negligence or willful misconduct.
7.4 Merchant Liability
Merchants are responsible for the preparation, condition and quality of Goods. In cases of Merchant Delivery, Merchants are responsible for delivery of the Goods and/or Orders. BorneoShop shall not be liable for any loss or damage arising from your contractual relationship with the Merchant.
The Platforms may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. BorneoShop does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. BorneoShop accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.
BorneoShop has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if BorneoShop, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. BorneoShop may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
BorneoShop may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.