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Terms of service

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

Our store is hosted on Magento. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including but not limited to browsing users, merchants, vendors, content contributors and purchasing customers.


We reserve the right to change, modify, suspend or discontinue all or any part of the site or the services at any time or upon notice as required by local laws. We may release certain services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, site or services in its sole discretion and without notice or liability.

We reserve the right to refuse to provide you access to the site or services or to allow you to open an Account for any reason.


Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.

You expressly agree and confirm that you have read and understood the terms and conditions of the site appended herein below prior to the access and / or using the site, and you understand and agree to the effects of this Agreement, and then you entered into this Agreement on your such understanding and consensus on upon the terms and conditions of the site appended herein free of any element of duress, misrepresentation, fraud and / or mistake.



SECTION 1 - ONLINE STORE TERMS
By using the website, you acknowledge that you have read and understood the Terms and Conditions set by Qrafoods Online and will comply by all of its provisions. Your continued use of the website denotes that you agree to be bound by the new Terms and Conditions.


You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and escalation to the appropriate authorities

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and any reliance on the material on this site is at your own risk.


This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without explicit written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - PRICING, PRODUCT AVAILABILITY, AND FEES
Please note that product prices and product availability may change without prior notice. We do our best to ensure that our system provides accurate information on the prices of products available on this site.

Pricing:

The prices published on Qrafoods.com website platform and mobile app platform are designed to match the prices in store. However, due to the time difference between the time the order is placed and the goods picked for delivery, the price may differ (due to promotion start/end, new packaging, weight change etc).  The final price will be the price on the day the goods are picked for delivery, and may vary according to the above factors.

 

Product Availability:

Receiving a confirmation e-mail does not guarantee that all the items the customer has ordered will be available or that we will be able to deliver your order.

Since our stock fluctuates throughout the day, all products displayed on the website are subject to final confirmation of availability at corresponding Qrafoods outlets on the day the goods are picked for delivery.

Items displayed as in stock during the purchase period, may NOT be available when our team members are ready to pick an order. We will notify the customer via in-app notification or call as soon as we begin to process the order. The customer may choose to replace the item, or cancel the item from the order; Reasonable time for replacement requests is within 1 hour of being informed of a missing item, or 1 hour before order is scheduled for delivery or pick up for scheduled orders.

Fees:

Where applicable, the customer shall be charged according to the prices stated on this site and such other miscellaneous fees such as delivery fees, administrative fees and returning fees, and etc. inclusive of goods and service tax (GST).

QRA’s payment gateway charges a 20% additional holding amount to the basket value of your purchase to accommodate for any potential changes in items during our store collection process. This additional holding amount will allow our team members to add additional items or more expensive replacements to the order without the need to charge the customer a second time. Rest assured that any value discrepancies will be addressed at the end of the transaction with us; with partial refunds taking 7-14 days.

E-commerce orders will include additional fees for Handling, and Delivery charges (when applicable)


SECTION 5 - PRODUCTS OR SERVICES 
Certain products or services on the website may have limited quantities and are subject to return or exchange only according to our Return Policy.


We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. Some images for the products might be outdated, inaccurate or incomplete.


We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.


We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.


SECTION 7 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical or visual errors, inaccuracies or omissions that may relate to product descriptions, photos, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 – DELIVERY POLICY AND TERMS

Delivery times and timeliness are subject to our Retail Partner Network and other variables such as time of day, order volume and traffic conditions. We do not guarantee delivery times as there could be external factors out of QRA’s influence that may delay order deliveries from being completed in time.

We cannot guarantee a delivery to anyone other than the intended recipient and additional layer added to delivery can increase the liability and risk that the product may be misplaced.

Any circumstances that lead to a need for a redelivery to a customer’s premises will have its costs borne by the customer; Reasons include but not limited to: Customers has used the wrong delivery address and details, Customers are not available at premise to collect the goods, Customers has refused to accept the order at that time. These costs may include the trip back to stores, and the subsequent trip to the intended address.

 

SECTION 11 – SELF COLLECTION FOR E COMMERCE

All collections including alcoholic beverages must be accepted by the account holder, who can prove that he or she is 21 years of age or older and can provide a valid form of government issued identification at the time of delivery.

We cannot guarantee a delivery/handover to anyone other than the intended recipient and additional layer added to delivery can increase the liability and risk that the product may be misplaced

SECTION 12 – ORDER STORAGE FOR E COMMERCE

In the circumstance that the customer has not received his/her order on his volition; Limited to but not including: Forgot to pick up, forgot to meet delivery driver, refusal to accept order from our team members or respective delivery partners

  • Your order will be stored in our click and collect counter for an additional 24 hours before being disposed with no refunds
  • Any arrangements to have your goods delivered to your premises will incur additional delivery costs borne by you

SECTION 13 – ALCOHOL POLICY

By completing an order through the site or at store, you agree that you are 21 years of age or older and that you will be present to accept the delivery of alcoholic beverages. You agree that you will not be intoxicated when receiving delivery of such products. If you are sending a gift, you agree that the recipient is an individual 21 years of age or older

If there is no individual who is 21 years of age or older or cannot provide valid identification showing that he or she is 21 years of age or older or Muslim practices Islam, the delivery driver (“Courier”) will not complete delivery of the Products. Additionally, if the Courier is unable to contact you or the account holder at the specified delivery address for 15 or more minutes, all Products will be removed from the order and returned to the Retailers and stored for 24 hours. If the store does not hear from you within 24 hours, your order items will be disposed with no refunds

All deliveries including alcoholic beverages must be accepted by the account holder, who can prove that he or she is 21 years of age or older and can provide a valid form of government issued identification at the time of delivery.

SECTION 14 – RETURN AND REFUNDS

QRA has a 5-day refund policy on goods. The customer has 5 days after receiving the item to request a refund. This policy applies for damaged or expired goods only

To start a refund, the customer may send a refund request to our email, with the pictures of the goods in question as well as a copy of your receipt. Alternatively, the fastest way to get a refund is to bring the product to stores and request a refund/return directly through a form application

Whether items need to be physically returned is subject to store discretion

The fastest way to exchange an item is to bring the item to stores for return. Once it has been returned, please proceed with an additional purchase

QRA will not offer a refund for any perishable items, bulk items, expired items (that have expired while in customer’s possession of the purchase) after a customer has made a purchase.

QRA will notify the customer when and if the refund has been approved and processed.


SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.


We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.


You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall Qrafoods, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Qrafoods and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.


These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Malaysia.

SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.