TERMS AND CONDITIONS
Price and Payment
Accounts and Registration
When ordering through the Website or the App, you are required to provide certain information or to register for an account, and information required includes your name, email address, credit card number, phone number and delivery address. You warrant that you have the legal capacity to use and to order through the Website or the App. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
Please refer to our delivery information page for the delivery area covered and we may engage third party service provider to ensure delivery of the order within the time slot selected. Whilst we aim to ensure the service level of such third party service provider, we are not able to warrant their conduct or behavior and shall not be held responsible for any omissions or misconduct caused by such third party service provider. Your order will be delivered at the timeslot selected and we endeavor to meet the said delivery time slot however it may be occasionally delayed due to traffic flow, weather conditions, unforeseen incidences or force majeure event, and we shall not be held liable for failure to deliver.
If it is in our view that the delivery of your order is likely to be substantially delayed, we will contact you to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and we will: (i) if cash payment is to be made upon delivery, not charge you for the order; or (ii) if online payment has been made, refund you the cost of such order or credit the cost of such order to your account balance which can be applied to your next order, at your option. The processing of the refund may take up to three (3) working days.
You are responsible to be available at the time of delivery and ensure adequate arrangement is made. All risk in the products shall pass to you upon delivery. In any event where we are unable to reach you, we will attempt to contact you at the phone number given and if you are still unreachable, the order shall be deemed delivered and you will be liable for its payment in full as if you had received the order. We shall not be held responsible for your failure to provide adequate access or arrangements for delivery.
To ensure the highest quality of the meal served, it is highly recommended that all meals should be consumed immediately after delivery.
By using or ordering via the Website or the App, you acknowledge and agree that the use of the Website or the App is at your own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use the Website or the App, or any application or material on any site linked to this Website or the App (including but not limited to any viruses, bugs or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of the Website or the App by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.
We disclaim any and all liability to you for the supply of the delivery and products to the fullest extent permissible under applicable laws unless the loss or damage is due to our willful misconduct, or gross negligence. This however shall not affect your statutory rights as a consumer under applicable laws. In the event that we are found liable for any loss or damage, such liability is limited to the amount that you have paid for the relevant products. We shall not be liable for any consequential, indirect or special damage, howsoever arising.
In the event of reasonable belief that there exists an abuse of promotional event and/or suspects instances of fraud, we may cause the suspected user to be blocked immediately and reserves the right to refuse future services. Additionally, should there exist an abuse of vouchers or discount codes, we reserves the right to seek compensation or damages from any and all violators. Any promotions or offers are subject to our sole discretion and may be withdrawn at any time and without prior notice.
The Website or the App may include content, information or links to third parties or third party sites. We shall not be held responsible for the content of any such sites or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at your own risk and we make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Website or the App. You agree to hold harmless and relieve us from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of the Website or the App, or as a result of violation of this Terms and Conditions by you or through use of your account.
- Promo code is not transferable, exchangeable, convertible or redeemable for cash.
- Promo code may not be combined or accumulated with other offers or promo codes.
- Promo code may only be used pursuant to the specific terms that we establish for such.
- promo code and you must enter the promo code into the “Promo Code” field prior to completing the order.
- Each promo code has its value in its respective currency, and can only be used in that particular country. For example, a promo code worth RM50 is only applicable in Malaysia, whether for the person who shared the promo code or the person who redeemed the promo code.
- We reserve the right to withhold, deduct or remove credits or other features or benefits obtained through the use of promo code by you or any other user in the event that we determine or believe that the use or redemption of the promo code was in error, fraudulent, illegal or in violation of the applicable promo code terms or these Terms.
- We reserve the right to change, suspend, cancel and/or waive the promo code and its applicable terms at any time and from time to time in our sole and absolute discretion without notice to you or liability to us.
Use of Information
You authorize us to use, store or otherwise process your personal information in order to provide the delivery of the order to you and for marketing and credit control purposes (“Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the delivery of the order to you.
Law and Jurisdiction
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Malaysia, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
Intellectual Property Rights
All intellectual property rights in connection with the Website and the App (including but not limited to, the recipe, design, layout, look, text, appearance and graphics) are owned by us and must not be reproduced without our prior written consent. You may for your own personal use, to print and download the materials or bookmark or share links directing others to the content on the Website and the App, provided that you do not modify, reproduce or republish any content either online or offline, without our consent.
You are not allowed to use or launch any automated system or program in connection with our Website or the App or its online ordering functionality.
You may not collect or harvest any personally identifiable information from the Website or the App, use communication systems provided by the Website or the App for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website or the App with respect to their submission to the Website or the App, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website or the App.
Our delivery time stated is by approximation only and may vary. We will, at our capability deliver the orders to the designated address. Correct and accurate address must be given when placing orders. Life Waterfall will not be responsible or bear any cost if address given is incorrect or inaccurate. We will not be responsible for late delivery due to the incorrect information/address or instructions provided by your end.
Variation of Terms and Conditions
We reserve the right at our sole discretion to vary, modify and make changes to these Terms and Conditions from time to time, and any such variations shall become effective once posted on the Website and the App. You agree that the continued use of the Website or the App indicates your acceptance of the modified Terms and Conditions.