Terms & Conditions, Privacy Policy

TERMS AND CONDITIONS

About Us

Welcome to Pop Meals. This page (together with the documents referred to in it) tells you the terms (the ″Terms″) which apply when you order any menu items (the ″Items″) from our website or mobile applications and related services (each referred to as an ″Application″).

Purpose

Our objective is to produce, deliver and allow you to order items (our ″Products″) for delivery (our ″Service″). Where you order from Pop Meals, we will manage your experience throughout the order process. In some of the case, our ″Product″ or ″Service″ may be provided by a third party that we believe to be of good quality and good standing, we shall however not be held liable for the quality of or any issues associated with such add-on items produced by third party.

Service availability

Pop Meals has a prescribed delivery area and specific operating hours. This delivery area and operating hours may change at any time due to factors such as weather, or demand on our service. This is to ensure that Items reach your door at their best. If you try to order a delivery to a location outside the delivery area or during out of operating hours or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

Last updated: 25 May 2021

Please read the terms and conditions (″Terms and Conditions″) set out below carefully before using popmeals.com.my or popmeals.co.th website (″Website″) and Pop Meals mobile application (″App″) operated by Farm to Fork Sdn Bhd (″us, ″we″ or ″our″). By accessing to, downloading, installing or use of, the Website or the App, and your ordering via the Website or the App, you agree to be bound by these Terms and Conditions.
1. Ordering

You may order meals, drinks or such other products available at the Website or the App, and we will do our utmost best to make deliveries on the specified time and date you select delivered to your home or office. Orders must be received before the specified cut-off time for that given product which will be shown as you proceed through the ordering process. You shall review your order carefully before placing it, we shall not be held responsible for any failure to do so or changes after the order is made to the time, delivery address or items.

We may however, in our sole discretion, choose to not process or to cancel your orders in certain circumstances. This may occur, for example, when the meals or products you wish to order is no longer available, out of coverage for delivery, or in other unforeseen circumstances such as operational outages. We will not charge you in these cases or refund the charges for orders that we do not process or cancel.

To serve you better, we have made available add-on items such as drinks, desserts, other sides etc on the Website and the App produced by third party partners which we believe are of good quality, we shall however not be held liable for the quality of or any issues associated with such add-on items produced by third party.
2. Description

While we endeavor to provide accurate description of the products and/or services offered on the Website and the App, we do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, reliability or suitability of the information and materials found or offered on the Website or the App, and the pictures shown are for illustration purpose only.

You acknowledge that such information and materials are provided on ″as is″ and ″if available″ basis, and may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information and materials found or offered on the Website or the App generally.

In the event of unavailability of certain ingredients, we will replace with similar ingredients while preserving the quality of the meals without update. While we attempt to identify ingredients that may cause allergic reactions for those with food allergies, we however do not make representation on the same and there is always a risk of contamination. If you are concerned with food allergies, please be aware of the said risk and that we may prepare food and use ingredients that contain nuts, nut oil, dairy, seafood, shellfish and gluten.

While we endeavor to work only with wholesalers who have provided us halal and HACCP certification for supplied products, we do not provide any warranty or guarantee as to the accuracy, completeness and legal standing of this information.

We endeavor to ensure and maintain a high quality and hygiene of the meals prepared for you, if however in the unlikely event that you found the meals delivered are not in good condition or contained items that do not belong therein, please do not consume the said meal but to contact us for a refund. We reserve the right to issue such full and partial refunds and any additional compensation in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery. We may request a photograph or other documentation showing the problem if it is something that can be seen by inspecting the Items. Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and other information.
3. Delivery

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 twenty (20) 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 the driver is unable to find a safe location to leave the food 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, information or arrangements for delivery. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been despatched you will also be charged for delivery.

To ensure the highest quality of the meal served, it is highly recommended that all meals should be consumed immediately after delivery.
4. Price and Payment

All prices are in Malaysian Ringgit (MYR) or Thai Baht (THB) unless otherwise stated. The prices are correct as shown on the Website and the App, and are inclusive of applicable tax and delivery charges unless the delivery address is not within the delivery area or minimum order/basket size requirement shall apply. We reserve the right to review the prices from time to time. Payment can be made online (via Paypal, FPX bank transfer, CIMB Clicks, Maybank 2 U, RHB, Boost, Graypay, debit or credit card payment) or cash on delivery.

We may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at our discretion of the Partner Restaurants. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. Payment may also be made by using vouchers or account credit. Use of these is subject to Pop Meals″s Voucher and Account Credit Terms.

Orders are considered final as soon as they are placed and modification/cancellation is generally not permitted. That said, we do make exceptions on a case-by-case basis and please inform us at least 2 hours in advance. In the event of cancellation, we may credit the cost of such order to your account balance which can be applied to your next order. We are not liable or responsible for the time of an outside delays in outside payment gateway to charge or refund you or if your bank account/credit card has been used in a fraudulent manner.

Select
The purchase of Select subscription or trial consist of an initial charge followed by an optional automatic recurring payment feature (i.e. Smart Reload which enables the package to be renewed automatically by charging to your debit or credit card when the account balance runs out unless deactivated) as agreed to by you. By agreeing to the Terms and Conditions, you acknowledge that your purchase has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation.
5. Cancellation

You may cancel an order without charge at any time before we have confirmed your order (a "Confirmed Order") or received a confirmation email. If you wish to cancel an order before it becomes a Confirmed Order, please contact us immediately, via our Application or website. If we have not confirmed your order, we will refund your payment (excluding any discount, or Voucher that was applied to the order - see Voucher and Account Credit Terms for more detail). If you cancel any order after it becomes a Confirmed Order, you will be charged the full price for the Items, and if the driver has been despatched you will also be charged for delivery.

We may notify you that an order has been cancelled or if an item because unavailable at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.
6. 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.
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. If you have reason to believe that your account is no longer secure, then you must immediately notify us at care@popmeals.com.my or care@popmeals.co.th. We reserve the right to terminate or suspend your account at anytime if we believe there is unusual activity on it.

We shall take all commercially reasonable measures in securing your orders and personal details, and will ensure that said details are retained only as long as necessary for the transaction and for the provision of the products and services to you. However, in the absence of fault on our part, we shall not be held liable for any loss that you may suffer in the event unauthorized access by third party to any data provided when accessing or ordering from the Website or the App unless we have been proved to be negligent in securing the information provided.
7. 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″), including but not limited to calling the provided number for promotional purposes. 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.
8. Liability

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.
9. 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.
10. Prohibitions

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.
11. Entire Agreement

The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website or the App, these Terms and Conditions shall prevail.
12. 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.
13. Severability

If any provision of these Terms and Conditions shall be deemed invalid, illegal or unenforceable, such provision shall be deemed deleted without affecting or impairing the remainder of the Terms and Conditions which shall continue to be in force.
14. Assignment

We may subcontract any part or parts of the services or products that we provide to you from time to time and we may assign or change any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
15. Law and Jurisdiction

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.
16. No Waiver

No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
17. Data privacy

We process your personal data in accordance with our Privacy Policy which can be found here.
18. Referral Program Terms and Conditions

The Pop Meals Referral Program (″The Program″) allows Members to earn promotional coupon credits ("Credits″) toward future meal purchases by referring friends to become new Pop Meals customers.
To participate, Members must agree to these terms, which become part of the Pop Meals Terms of Service. Capitalized terms that are not defined here will have the same meaning given to them in the Pop Meals Terms of Service.

18.1 How to Earn Referral Credits

Members can earn Credits if: (i) a referred friend clicks on their referral link to create a valid Pop Meals account that complies with our Terms of Service; and (ii) the referred friend completes a Qualifying Meal Delivery (as defined below). The referring Member can not earn Credits for any reservation which they complete themselves.

The referring Member will be credited with the Credit amount(s) specified in the website or app on the the completion of the referred friend″s qualifying purchase ie after delivery.

The maximum referral credit that can be earned per Member is up to 10 successful referrals irrespective of the amounts earned. These referral credits are earned in respect of Qualifying Purchases and made by referred friends, unless indicated otherwise in the referral invitation or accompanying promotional materials.

18.2 Qualifying Purchases

A Qualifying Purchase must have the minimum total value indicated in the referral invitation, accompanying promotional materials, Pop Meals website, or Pop Meals mobile application for that type of reservation.

Note that we reserve the right to change the minimum total value at any time. The Qualifying Purchase must be done and paid for via the Pop Meals platform, and the referred friend must complete the delivery before the referring Member can receive Credits. A purchase will not be considered a Qualifying Purchase, and therefore no Credits will be earned, if the referring Member is the Purchaser or if the delivery is cancelled at any time.

18.3 Redeeming Credits

Credits may only be redeemed via the Pop Meals Platform. Once earned, Credits will appear as Credit on the referring Member″s Referral and checkout page, but you may need to enter a code at checkout to redeem the credit. Credits must be used within one year from the date they are issued, after which they will expire. Credits are coupons issued for promotional purposes; they have no cash value and may not be transferred or exchanged for cash. Credits may not be earned by creating multiple Pop Meals Accounts. Credits accrued in separate Pop Meals accounts may not be combined into one Pop Meals account.

If for any reason you believe that there is a discrepancy regarding your balance of Credits, please contact us. Pop Meals may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Pop Meals″s sole discretion.

You are responsible for any Tax consequences, if any, that may result from your redemption or use of Credits. Where applicable, Pop Meals may be required to account for SST on any services for which the Credits are redeemed.

18.4 Sharing Referral Links

Referrals should only be used for personal and non-commercial purposes. Referral links may not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. Members are prohibited from ″spamming″ anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Members are prohibited from paying to advertise their referral links.

18.5 Referred Friends

Referred friends who have signed up using a valid referral link will also receive credit in the form of a coupon or coupons in the amount(s) indicated in the referral invitation or accompanying promotional materials that can be used on their next Qualifying Purchase on Pop Meals. Coupon codes that are not automatically applied must be entered during checkout. Coupon codes may not be transferred to another person, exchanged for cash, or combined with other Pop Meals referral programs or incentives. Each coupon code may only be used on www.popmeals.com.my or www.popmeals.co.th in conjunction with the booking of a single eligible Pop Meals meal that meets the minimum total value indicated in the referral invitation, accompanying promotional materials, Pop Meals website, or Pop Meals mobile application for that type of reservation.

Coupon codes expire one month from when you sign up for an Pop Meals account. Offer available while seats last. Pop Meals reserves the right to any remedy, including cancellation of your account or reservations, if fraud, tampering, violations of these terms or Pop Meals″s Terms of Service or Payments Terms of Service, or technical errors are suspected. Void where prohibited. If your reservation later qualifies for a refund, the maximum refund you may receive is the amount you actually paid.

18.6 Multiple Referrals

A referred friend may only use one referral link. If a referred friend receives referral links from multiple Members, only the Member associated with the referral link actually used by the referred friend will receive Credit.The Program may not be combined with other Pop Meals referral programs or incentives.

18.7 Severability

If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

18.8 Termination and Changes

Pop Meals may suspend or terminate the Referral Program or a user″s ability to participate in it at any time for any reason. We reserve the right to suspend accounts or remove Credits if we notice any activity that we believe is abusive, fraudulent, or in violation of the Pop Meals Terms of Service or Payments Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.
The scope, variety, and type of services and products that you may obtain by redeeming Credits can change at any time.
19. Vouchers codes and promotional credits Terms and Conditions

Pop Meals makes available from time to time: (i) Vouchers (which are promotional credits that may be offered by usand (ii) Account Credit(which is credit that may be applied to a customer″s account at Pop Meals″s discretion). Vouchers and Account Credits both operate as credits applying to a customer″s Pop Meals account, redeemable (subject to conditions, as set out below) against the cost of Items. Vouchers and Account Credits are referred to collectively in these terms (the Credit Terms) as Credits.
These Credit Terms apply to your use of any Credits to pay for Items using the Pop Meals Service. These Credit Terms apply together with the Pop Meals Terms and Conditions of Service, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms have priority. Capitalised words used in these Credit Terms have the same meanings as in our Terms of Service unless they are defined in these Credit Terms.

19.1 Applying a voucher code

You can ″apply″ a voucher to your account by (i) entering the Voucher code (if any) at the point you place an order, or (ii) by adding any reward that we make available to you in the ″Your offers and rewards″ section of your account page. Unless otherwise stated, a voucher that has been applied to your account will remain there until it is ″redeemed″ against an eligible order, or expires (whichever is sooner). Account Credits are Credits that we apply to your account ourselves. In either case, once any Credit has been applied to your account, the amount of the Credit remains on your account until redeemed as payment for Items, unless it is lost, or, in the case of Vouchers, it expires in accordance with the terms of that Voucher. The reasons why Credits may be lost or Vouchers may expire are set out in these Credit Terms.

19.2 Terms and conditions of voucher code and promotional credit

Vouchers offered in a particular country and currency may be subject to geographical restrictions that mean they cannot be used in a different country or currency. Vouchers are usually offered subject to conditions, such as time limits, geographic limits, limits to particular categories of customer (e.g. new customers), or use only at a particular menu item. If conditions apply they will be stated when we offer the Voucher.
Some Vouchers are only available to new customers ("New Customer Vouchers"). That means that the Voucher is applied (subject to any other applicable conditions) automatically when the Customer registers a new Pop Meals account and will be redeemed when the Customer places their first eligible order. Pop Meals reserves the right to refuse to apply and/or allow you to redeem a new customer Voucher if you are registering a new account using credit card details or a delivery name and address and phone number already on our system.
Use of a Voucher in payment or part-payment may also be subject to specific conditions applicable to that Voucher only, such as a specific minimum order value or that the Voucher may only be redeemed at on specific Items. If the order placed does not comply with the applicable conditions, the Credit may not be redeemed against that order. The payment page on our Site where you confirm your order for Items will show the total order value and the applicable Voucher, if any. If there is a Voucher credit on your account which does not apply to your order, it will not appear on the payment page. At that point you will have the choice of paying in another way or cancelling the order.
Unless we tell you otherwise, all Vouchers must be redeemed within one calendar month of the date they are applied. Only one Voucher can be redeemed per order. Each Voucher can only be used once per customer. If you have more than one eligible Voucher applied to your account when you place an order, the Vouchers are redeemed in order of expiry date, with the Voucher expiring the earliest redeemed first .
Vouchers cannot be redeemed in conjunction with any other Pop Meals offer.
If you cancel an order made using a Voucher, the Voucher credit will not be restored to the account and the Voucher cannot be re-used. If the Voucher was a New Customer Voucher, you will no longer be a new customer and will not be eligible for any subsequent new customer Vouchers. We reserve the right to not honour the voucher code if we believe the above terms and conditions have notbee met.
Item orders are generally subject to minimum order values, which continue to apply regardless of whether payment or part-payment is by way of a Credit.
Credits cannot be exchanged for cash or any other alternatives and have no monetary value.
Any attempt to manipulate our Site and our offers of Credits by use of bulk entry via third parties or syndicates, macros, ″script″, ″brute force″, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and the relevant Credit invalid. Pop Meals is entitled to take all reasonable steps to protect itself against fraudulent or invalid Credit redemptions, including requiring additional reasonable verification close the accounts of any customers it reasonably believes have carried out any such acts.
21. Pop Select

This policy (together with the documents referred to on it) sets out the terms and conditions on which Farm to Fork Sdn Bhd (Pop Meals, we or us) will supply to you the products (Products) listed on our website www.popmeals.com.my and https://join.popmeals.com.my (Website) and our mobile applications under the Pop SELECT membership programme. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

21.1 FORMATION OF CONTRACT (FLEXIBLE SUBSCRIPTION)

After placing an order for flexible subscription on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order of flexible subscription constitutes an offer to us to buy the flexible subscription. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been ordered (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. By subscribing to the Website, you agree to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, as laid out in these terms. You can cancel or skip your subscription at any time before the renewal date. The renewal date is defined as the date of when your subscription will be renewed. You will not be charged for any cancellation prior to the renewal date. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you. Cancelling your flexible subscription is easy. You can do so by emailing care@popmeals.com.my We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

21.2 TRIAL PERIODS

By participating in the free trial ("Trial") of the Pop SELECT membership subscription ("membership"), you agree to be bound by our Terms of Use and the following terms ("Trial Terms"), provided that in the event of a conflict the Trial Terms shall govern. The Trial period will be for seven (7) days from the date you activate the Trial. At the end of the seven day period, your subscription will automatically be upgraded into a regular subscription at the renewal you have chosen during signup. Shall your payment of the membership fee be unsuccessful at the end of the trial period, you will no longer have access to any of the membership benefits as outlined in "Membership benefits and limitations". Farm To Fork may terminate the Trial at any time by giving written notice to you. Farm To Fork reserves the right to make any modifications to the Features. A user may only benefit at most one time from the trial period. Any newly started membership after a previous membership with trial shall be a membership without trial immediately.

21.3 MEMBERSHIP BENEFITS AND LIMITATIONS

The membership, for as long as the membership is active, entitles to a set of benefits: Reduced pricing of menu items available on the Pop Meals website (www.popmeals.com.my) and the Pop Meals app available for delivery in the Kuala Lumpur and Klang valley area. Which items are available for lower pricing remains subject to Farm To Fork's decision and can be changed at any time, as well as the extent of the reduced pricing. Furthermore, no service charges or delivery charge may be charged for customers with an active membership. The discounts are available for a maximum of 2 main menu items per day. The discount is not applicable to items marked as addons items ("sides"). No other promotion (discount voucher) may be used when placing an order under an active membership. All benefits and limitations remain subject to changes by Farm To Fork, and may be changed for new and existing memberships.

21.4 TERMINATION OF CONTRACT - CANCELLATION

Memberships can be paused by you or terminated by either party. To cancel your membership, please email care@popmeals.com.my stating that you wish to terminate your account, along with your full name and registered email address. Cancellation will go into effect after you have followed the instructions provided by our customer service team. Membership fees shall not be taken after you have completed all steps as outlined by the customer service team. Access to the benefits of your membership will be revoked immediately after you have completed all cancellation steps. To pause your membership, please email care@popmeals.com.my stating your wish to pause your membership along with your full name and registered email address, whereupon you will be provided with instructions on how to pause your membership. A membership pause can have a maximum length of three (3) calendar months. No membership fees shall be charged during your pause. Access to the benefits of your membership will be revoked immediately after you have completed all steps of the pause process.

21.5 AUTOMATIC RENEWALS

The purchase of a Select subscription or trial consist of an initial charge followed by an optional automatic recurring payment feature (i.e. Smart Reload which enables the package to be renewed automatically by charging to your debit or credit card when the account balance runs out unless deactivated) as agreed to by you. By agreeing to the Terms and Conditions, you acknowledge that your purchase has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation.

21.6 NO REFUND

Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are cancelled mid-term. When your subscription is canceled, your access to the membership benefits will be revoked immediately.
22. Gift Card Terms & Conditions

Pop Meals cards ("Gift Cards") may only be redeemed toward the purchase of meals, drinks or other products from our Service. To redeem the credit loaded on your Gift Card, enter the unique promo code on the Gift Card at the checkout when you order your next Meal and your Pop Meals account will be credited with the amount loaded on your Gift Card(″Credit″).
You may use your Credit to order multiple Meals from our Service (i.e. your Credit is not limited to one order). If a purchase of any Meal exceeds your Credit, the remaining amount of your order must be paid with another Payment Method. If a purchase of any Meal is less than your Credit, the balance of your Credit will remain loaded to your account for future purchases. To view your Credit balance, visit your Deliveroo account.
No fees apply to Gift Cards.

22.2 When Does My Gift Card Expire?

Gift Card Expiry Date
You must redeem your Gift Card on or prior to the date of expiration date stated on the gift cardor e-voucher (as applicable). If there is no expiry date specified on the Gift Card, Gift Cards will expire on the date that is 30 days after the date the Gift Card was purchased(″Gift Card Expiry Date″). Any Credit not redeemed by the Gift Card Expiry Date will expire and you will be unable to use that Credit to purchase Meals from our Service or load that Credit to your Deliveroo account.

Once you have redeemed your Gift Card, you must use any Credit within 30 days of loading such amount(″Credit Expiry Date″), whether or not that 30 day period expires before or after the Gift Card Expiry Date. Any Credit not used by the Credit Expiry Date will be deducted from your Pop Meals account. To be clear, once the Gift Card has been redeemedand the Credit loaded to your Pop Meals account, the Credit Expiry Date will apply to that Credit (and not the Gift Card Expiry Date).

22.3 What I Can″t Use My Gift Card For

Gift Cards cannot be used to purchase other Pop Meals Gift Cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Credit loaded to a Pop Meals account may not be transferred to another Pop Meals account.

22.4 What Happens If My Gift Card Is Lost, Stolen Or Destroyed?

Gift Cards should be treated as cash.They cannot be replaced if lost, stolenor damaged. The risk of loss and title for Gift Cards passes to the purchaser upon delivery of the Gift Cards to the purchaser. Pop Meals is not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.

22.5 Having Problems Activating Your Gift Card?

If you are having issues activating your Gift Card, contact the Customer Support Team at care@popmeals.com.my

22.6 Can I Purchase Gift Cards?

Gift cards may be purchased at events from Pop Meals sales representative, sometimes a third party sales representative will be used. We are not liable if in the event that a Gift Card is purchased from a third party sales representative misrepresenting Pop Meals and presenting false information. Pop Meals is under no obligation to issue to you any any credit until full payment for your Order has been received by Pop Meals. Contact care@popmeals.com.my or care@popmeals.co.th for further details.

22.7 Terms and Conditions

We reserve the right to change these terms and conditions from time to time in our discretion. Notices of changes to these terms and conditions will be made available on the Pop Meals website. All terms and conditions are applicable to the extent permitted by law.
Pop Meals has the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on our Service.
23. Pop Wallet

POP WALLET USER TERMS AND CONDITIONS

These Terms and Conditions govern your access and use of the Pop Meals virtual Wallet ("Pop Wallet").

A. The Pop Wallet is operated by Farm To Fork Sdn. Bhd.

All references in these Terms and Conditions to "we," "us," or "our" shall refer to Farm To Fork as operator of the Pop Wallet. "You" and "your" shall refer to the User.
The Pop Wallet is associated with your Pop Meals Account and is intended for effecting payment for the purchase of goods and/or services offered by Pop Meals.
By requesting and/or using the Pop Wallet, you, the User, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Pop Wallet.

B. These Terms and Conditions are in addition to the terms and conditions governing your use of the Pop Meals Website and your Pop Meals Account.

DEFINITIONS AND INTERPRETATION

Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:
"damahkan" means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
"Indemnitees" means Farm To Forks respective officers, employees, directors, agents, contractors and assigns.
"Pop Meals" means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
"Pop Meals Account" means the online account of the User on the Pop Meals Platform.
"Pop Wallet" is defined in the recitals to these Terms and Conditions.
"Pop Wallet Balance" is defined in clause 3.1 of these Terms and Conditions.
"Pop Meals Platform" is defined as the website or the mobile application (as applicable) from which you purchased the goods or services offered Farm To Fork.
"Payment Instrument" is defined in clause 3.2.
"Personal Data" means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
"Privacy Policy" is defined on popmeals.com.my/terms or popmeals.co.th/terms.
"Promo Coupon" means, to the extent permitted by local law, a promotional coupon which is issued by Pop Meals to a User relating to Pop Wallet, from time to time as a gratuity, by crediting the coupon amount into the User's Pop Wallet, and may be used by the relevant User to pay for goods or services on the Pop Meals Platform, prior to the relevant Promo Coupon's expiry date, as determined at the sole discretion of Pop Meals and subject to conditions as may be imposed by Pop Meals from time to time. A Promo Coupon is not legal tender, is not considered electronic money and is not transferable.
"Refund Coupon" means a Pop Meals credit, given by Pop Meals when refunding a User's previous purchase of goods or services on the Pop Meals Platform and subject to conditions as may be imposed by Pop Meals from time to time. A Refund Coupon is not legal tender, is not considered electronic money and is not transferable.
"User" means an authorized user of the Pop Wallet.

1 ACCESS TO THE POP WALLET

1.1 You agree to:
1.1.1 use your Pop Wallet only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Pop Wallet in good faith;
1.1.2 comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the Pop Wallet, as well as any amendments thereto issued by us from time to time; and
1.1.3 ensure that any information or data you provide to us in connection with the Pop Wallet is accurate.
1.2 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.
1.3 Use of the Pop Wallet is restricted to registered users of the Pop Meals Platform.

2 REGISTRATION

2.1 The registration process for the Pop Meals Account requires you to provide Pop Meals with accurate and complete personal information, including your name, telephone number, email address and any other information as may be deemed necessary by us ("Registration Information"). You shall be responsible to update the Registration Information to ensure its completeness and accuracy. You acknowledge and agree that Pop Meals may share your Registration Information with us from time to time.

2.2 In addition to such Registration Information, we may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of the Pop Wallet or suspend or close your Pop Wallet.

2.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever, including making any enquiries on behalf of Pop Meals to process any refunds, including Refund Coupons, payable to you.

2.4 Each User is only entitled to have one (1) Pop Wallet associated with his or her Pop Meals Account.

Account information

2.5 You are solely responsible for keeping your username and password to your Pop Wallet secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform Pop Meals immediately.

2.6 All Personal Data provided to us will be handled, stored, and processed according to our Privacy Policy for Pop Wallet and is set out at https://www.popmeals.com.my/terms or https://www.popmeals.co.th/terms ("Privacy Policy"). By accepting these Terms and Conditions, you acknowledge that you have read and agree with the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

3 POP WALLET BALANCE

3.1 You may maintain funds in your Pop Wallet, and such funds, less any monies owed to us, will be regarded as the balance of your Pop Wallet ("Pop Wallet Balance"). Your Pop Wallet may also contain your Promo Coupon or your Refund Coupon. These Coupons are issued by Pop Meals, are not considered electronic money, and are not part of your Pop Wallet Balance.

3.2 Funds can be accumulated in your Pop Wallet Balance by means of a transfer of funds from certain payment instruments we accept (including debit cards, checking and savings account or other prepaid payment method we allow, collectively, "Payment Instruments").

3.3 For any transfer from a Payment Instrument to your Pop Wallet Balance, we make no representation that any of your Payment Instrument(s) are in good standing, or that the issuer of your Payment Instruments will authorise or approve such transfer.

3.5 Unless otherwise stated, both you and Pop Meals are not liable for any fees raised by third parties including card issuers or banks, associated with funding your Pop Wallet Balance. However, we reserve the right to decline acceptance of any payment instruments, including credit cards, debit cards or bank accounts, as funding methods at our sole discretion.

3.6 We reserve the right to impose limits on your use of Pop Wallet from time to time, including (i) the amount of value you may load your Pop Wallet at any one time; and (ii) the aggregate funds loaded to your Pop Wallet over any time period.

3.7 Details relating to the use of your Pop Wallet including transactions made and balance remaining in your Pop Wallet can be found on the Pop Meals Platform.

4 USING YOUR POP WALLET

4.1 You may use your Pop Wallet to purchase goods and/or services through the Pop Meals Platform. For security reasons, we may limit the amount or number of transactions you can make through your Pop Wallet. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.

4.2 Each time you use your Pop Wallet, you authorize us to reduce the value available in your Pop Wallet Balance by the total amount of the transaction and where applicable, any fees, including shipping fees, payment fees and all applicable taxes. The amount of any purchases will first be applied to any Promo Coupons or Refund Coupons (based on the earliest expiry date for each such Promo Coupon or Refund Coupon) which are available in your Pop Wallet. You can only make payments using your Pop Wallet to the extent that you have Pop Wallet Balance to support those transactions. You are not allowed to make purchases in excess of your Pop Wallet Balance. We will not extend credit in connection with your use of your Pop Wallet, and you must repay us immediately if your Pop Wallet Balance is ever less than zero for whatever reason.

4.3 You are responsible for all transactions initiated and fees incurred by using your Pop Meals Wallet. If other persons access your Pop Wallet, we will treat this as if you have authorized such use and you will be responsible for any transactions made. and fees incurred by such use.

4.4 You must notify us immediately of any unauthorized use of Pop Wallet or any other breach of security regarding the Pop Wallet of which you have knowledge.

4.5 You shall ensure that you download the Pop Meals Mobile Application from the authorized Apple App Store or Google Play or Huawei App Gallery.

4.6 For access and usage of Pop Wallet via the Pop Meals Mobile Application, you must ensure that you shall not install or use the Pop Meals Mobile Application on a jail-broken or rooted device. Unauthorised modifications to any mobile devices' operating systems can cause security issues to the hacked devices. We shall not be liable for any losses suffered by you or for any costs that you might incur due to damage or corrupted or failure of device, hardware or software that you use in connection with the Pop Meals Mobile Application.

4.7 By using the Pop Wallet you agree that we will not compensate you for any loss resulting from any claims for unauthorized use of your Pop Wallet under any of the following events, as determined at our sole and absolute discretion:

4.7.1 where any such claims relate to transactions that are found to be conducted on your trusted device, your IP address or any other user‐acceptable boundaries;

4.7.2 where you have acted fraudulently or with negligence, including but not limited to cases where you have wilfully disclosed your Pop Wallet log-in details to a third party;

4.7.3 if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorized transactions;

4.7.4 where any funds in your Pop Wallet are subject to legal process or other encumbrance restricting transfer;

4.7.5 where any such transactions are took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or

4.7.6 where any terminal or system (including our or Pop Meals website or services) was not working properly or suffering any other technical malfunction before you initiated the relevant transaction.

4.8 No redemption of cash, transfer of funds or cash withdrawal is permitted in respect of any amounts on your Pop Wallet.

4.9 We shall have the right to refuse any transaction on your Pop Wallet if:

4.9.1 the transaction does not satisfy these Terms and Conditions or the terms and conditions of your Pop Meals Account; or

4.9.2 where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.

4.9.3 such transaction involving the use of any Promo Coupon or Refund Coupon where we or Pop Meals suspects any coupon abuse or fraud or any illegal activities in relation to your Pop Wallet.

4.10 When using your Pop Wallet to pay for a purchase on the Pop Meals Platform, payments may be processed through accounts owned by us or one of our affiliates and/or a registered third party service provider acting on our behalf.

4.11 For each purchase transaction you make on the Pop Meals Platform, we will transfer funds from your Pop Wallet when the first of any of the following events occurs:

4.11.1 we receive confirmation of a successful completion of the purchase from Pop Meals;

4.12 When releasing any funds, we shall have the right to deduct or withhold any financial charges or service fees due and payable to us and/or Pop Meals in such amounts as instructed by Pop Meals.

4.13 If you experience any difficulties with your Pop Wallet, please contact us at https://www.help.popmeals.com.my or https://www.help.popmeals.co.th. If you have placed an order on the Pop Meals Platform and experience difficulties with your order, please contact customer service on https://www.help.popmeals.com.my or https://www.help.popmeals.co.th.

4.14 You shall complete any purchases in accordance with the applicable terms and conditions of the Pop Meals Platform https://www.popmeals.com.my/terms or https://www.popmeals.co.th/terms, which may be amended from time to time at Pop Meals's discretion without notice.

4.15 You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for us to operate your Pop Wallet. If your failure to do so results in any delay in any transaction on your Pop Wallet, neither we nor Pop Meals shall be liable for any loss or damages arising from such delay.

4.16 You acknowledge and agree that we are not a bank or remittance agent and the services we provide to you in connection with your Pop Wallet should in no way be construed as the provision of banking services or remittance services. We are not acting as a trustee, fiduciary or escrow with respect to your Pop Meals Account Balance.

5 REFUNDS

5.1 If, having purchased goods or services on the Pop Meals Platform, you are subsequently entitled to a refund for any reason in respect of such goods or services, you agree that Pop Meals will either (i) issue a Refund Coupon; or (ii) where the purchase was made using a credit card, credit the refund to the same credit card. We may require you to provide additional information prior to processing any refund.

5.2 A Refund Coupon is (i) not legal tender; (ii) not considered electronic money; (iii) not transferable; and (iv) subject to Pop Meals terms and conditions.

6 CLOSURE AND NON-USE OF YOUR POP WALLET

6.1 You may request that we close your Pop Wallet at any time by contacting our customer support team.

6.2 We may, at any time and at our absolute and sole discretion:

6.2.1 discontinue your use of the Pop Wallet or any part thereof;

6.2.2 close your Pop Wallet; and/or

6.2.3 reactivate your Pop Wallet upon the completion of any relevant internal investigations (where applicable).

6.3 We shall endeavour to provide notice of any such discontinuation or closure of your Pop Wallet. You agree that we shall not be liable to you in relation to any inability of yours to access your Pop Wallet or any part thereof.

6.4 Closure of your Pop Wallet will not cancel any cleared transactions, which you have already undertaken.

6.5 Pursuant to the governing terms of service herein outlined, and contingent upon the user's acquiescence to said terms, it is hereby stipulated as a non-negotiable condition of the contractual engagement between Pop Meals and the user (hereinafter referred to as "The Customer"), that in the event of cessation, termination, or closure of the user's electronic monetary value storage facility, known colloquially as "Pop Wallet", whether such cessation, termination, or closure be initiated by Pop Meals or The Customer, all and any residual electronic funds, as denominated in the lawful currency of the relevant jurisdiction and represented within the confines of the Pop Wallet at the moment of such cessation, termination, or closure, shall under no circumstances be eligible for reimbursement, refund, return, or any form of fiscal restitution or compensatory remittance to The Customer, nor shall The Customer be entitled to claim such from Pop Meals.

6.6 It is stipulated that The Customer hereby irrevocably acknowledges and accepts that the electronic funds forfeited as per the aforementioned condition will not be convertible, transferable, or redeemable in any other form or medium of exchange, nor will such funds be held in abeyance or trust for future application towards services rendered by The Provider or any affiliated entity. The Customer affirms understanding and agreement that this forfeiture clause is a fundamental element of the terms of service, necessitated by administrative, regulatory, and operational exigencies that underpin the provision of the Pop Wallet service.

6.7 The Customer unequivocally agrees that no claims or actions arising from or related to the non-refundability of electronic funds as described herein will be initiated against The Provider, its successors, assigns, directors, officers, employees, agents, or affiliates, under any legal theory, including but not limited to claims of unjust enrichment, conversion, breach of contract, or violation of applicable electronic fund transfer statutes or consumer protection laws. This clause shall survive the termination or expiration of the agreement between The Customer and Pop Meals and shall remain in full force and effect notwithstanding the dissolution of the Pop Wallet account."

7 AMENDMENTS

We may amend these Terms and Conditions any time by posting an updated version at www.popmeals.com.my or www.popmeals.co.th. The updated version of these Terms and Conditions shall take effect 21 days from the posting date. Each time you use your Pop Wallet you confirm that you agree to be bound by these Terms and Conditions as may be amended from time to time.

8 AVAILABILITY OF POP WALLET

We may, from time to time and upon giving at least 0 days notice to you, upgrade, modify, suspend or discontinue the provision of your Pop Wallet and in such an event we shall not be liable if any such upgrade, modification or suspension prevents you from accessing your Pop Wallet or any part of it. Notwithstanding the above, we reserve the right to suspend or discontinue the provision of the Pop Wallet without any prior notice in the event of suspected fraud or AML breaches or for scheduled system maintenance.

9 REPRESENTATIONS AND WARRANTIES

By accepting these Terms and Conditions, you represent and warrant that you are at least 18 years of age and not violating any applicable laws or regulations through your use of your Pop Wallet, and you agree to defend, indemnify and hold us, our Indemnitees, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by us due to or arising out of your breach of this representation and warranty. We may report any suspicious activity to the relevant authorities.

10 RESTRICTED ACTIVITIES

10.1 In connection with your use of your Pop Wallet, you shall not:

10.1.1 Provide false, inaccurate or misleading information;

10.1.2 Use your Pop Wallet for any illegal activities;

10.1.3 Use your Pop Wallet in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the card system or a violation of card association or network rules; or

10.1.4 Breach these Terms and Conditions and/or the Privacy Policy or violate any applicable laws and regulations.

10.2 If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including the following:

10.2.1 We may suspend or restrict your access to and/or close your Pop Wallet;

10.2.2 We may terminate these Terms and Conditions and refuse to provide the services to you;

10.2.3 We may place a hold on your Pop Wallet Balance for up to 180 days if reasonably needed to protect against the risk of liability; or

10.2.4 We may take legal action against you.

10.3 If you are below 18 years old you must obtain consent from your parent(s) or legal guardian(s). By consenting to your acceptance of these Terms and Conditions, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the Pop Wallet; (ii) any charges associated with your use of any of the Pop Wallet; and (iii) your compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the Pop Wallet.

11 DISCLAIMER

11.1 You agree that all risks arising from your use of the Pop Wallet will be borne by you.

11.2 We make no warranty that:

11.2.1 the Pop Wallet will meet your requirements;

11.2.2 the Pop Wallet services will be uninterrupted, timely or error free; or

11.2.3 any products, information or material purchased by you using the Pop Wallet will meet your requirements.

11.3 Except as expressly provided in these Terms and Conditions and to the fullest extent permitted by law, the Pop Wallet and related services are provided "as is", "as available" and "with all faults". All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded.

11.4 To the fullest extent permitted by law, we and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the Pop Wallet and related services. In any event, our total aggregate liability to you under these Terms and Conditions or in relation to your use of the Pop Wallet will not exceed your Pop Wallet Balance at the point in time when such liability arose.

11.5 Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions.

11.6 In the event that it is demonstrated that you are below the age of 18 when you agreed to these Terms and Conditions, we shall not be liable for any loss suffered by you arising out of the use of the Pop Wallet.

12 NOTICES

12.1 Notices from us

12.1.1 You agree that all notices or other communications from us are deemed to have been given to you if:

(i) communicated through any print or electronic media as we may select from time to time, will be deemed to be notified to you on the date of publication or broadcast; or

(ii) sent by post or left at your last known address, received by you on the day following such posting or on the day when it was so left.

12.2 Notices from you

You may only give notice to us in writing sent to our designated address or e-mail address (as may be amended from time to time), and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

12.3 Other modes of notifications

12.3.1 Notwithstanding Clauses 12.1 and 12.2, we may from time to time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

13 GENERAL TERMS

13.1 Cumulative rights and remedies

Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.

13.2 No waiver

Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.

13.3 Severability

If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.

13.4 Rights of third parties

A person or entity who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.

13.5 Governing law

Use of the Pop Wallet, and these Terms and Conditions shall be governed by and construed in accordance with Malaysian law and you hereby submit to the exclusive jurisdiction of the Malaysian courts.

13.6 Disputes

13.6.1 If any dispute or claim arises from or in connection with these Terms and Conditions or your use of your Pop Wallet ("Dispute"), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

13.6.2 In any event and to the fullest extent permitted by applicable law, you may not make any claim against the Indemnitees under these Terms and Conditions after one year from the date of occurrence of the matter giving rise to the claim.

13.7 Injunctive relief

We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.

13.8 Correction of errors

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

13.9 Language

In the event that these Terms and Conditions is executed or translated in any language other than English ("Foreign Language Version"), to the extent allowed under law, the English language version of these Terms and Conditions shall govern and shall take precedence over the Foreign Language Version.

13.10 Entire agreement

These Terms and Conditions shall constitute the entire agreement between you and us 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.

13.11 Binding and conclusive

You acknowledge and agree that any records (including records of any telephone conversations relating to the Pop Wallet, if any) maintained by us and/or our service providers relating to or in connection with the Pop Wallet shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

13.12 Sub-contracting and delegation

We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with Pop Wallet to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.

13.13 Assignment

You may not assign your rights or transfer your obligations under these Terms and Conditions without our prior written consent. We may assign our rights or transfer our obligations under these Terms and Conditions to any third party at our sole discretion.

13.14 Force Majeure

We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of Pop Wallet if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

15 INQUIRIES OR COMPLAINTS

15.1 For further information, enquiries or complaint on the Service, you may contact us at https://www.help.popmeals.com.my or https://www.help.popmeals.co.th

PRIVACY POLICY

1. WHAT DO WE DO WITH YOUR INFORMATION?
When you use our mobile and web applications, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address and phone number. When you browse our store, we also automatically receive your computer″s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
We may send you emails about our store, new products and other updates. By signing up, you also consent to receiving promotional calls on the provided phone number.
Additionally you may choose to upload your contact list stored on your mobile device through the "Invite your friends" feature on our mobile application. When you chose to upload your contact list, the names, emails and phone numbers of your stored contacts will be uploaded to our server and stored. The uploaded contacts will not be used for marketing purposes. They will be exclusively used to send invitations via SMS or email to use our app, and only when you explicitly select a contact to be invited.

2. CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at care@popmeals.com.my or care@popmeals.co.th.

3. DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

4. THIRD-PARTY SERVICES
Pop Meals/Polpa uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Pop Meals/Polpa. Although Pop Meals/Polpa owns the code, databases, and all rights to the Pop Meals/Polpa application, you retain all rights to your data.

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Once you leave our store″s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website″s Terms of Service.
Links When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

5. SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
All information on our website is encrypted using secure socket layer technology (SSL) and stored with a AES-128 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

6. COOKIES
A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive. Cookies are required to use Pop Meals/Polpa. We use cookies to record current session information including the contents of your bag.

7. AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

8. CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please contact care@popmeals.com.my or care@popmeals.co.th.