Terms & Conditions

Please read these terms of use carefully (including our security and Privacy Policy (add in webpage link ) before using our website www.servayonline.com (“site”), our ServayOnline software, so that you are aware of your legal rights and obligations with respect to Servay Online Sdn.Bhd (“ServayOnline”,”we”,”ours” or “us”)

By accessing this Site and/or using the Service, you hereby agree:

1)That you have read and agree to be legally bound by these Terms of Use including our Security & Privacy Policy (www.servayonline.com/pages/terms-conditions)

2)That you agree to receive email marketing from ServayOnline from time to time and

3)That you are the user of the site and/or Services are intended for those who are 18 years or above, and may only purchase by those who are 18 years and above.

If you do not accept these Terms of Use, please leave the Site and/or discontinue use of the Service immediately.

ServayOnline may at any time vary or amend these Terms of Use by posting the amended Terms of Use on the Site or through the App. Any use of the Site, App or Services after the amendment of these Terms of Use is deemed acceptance of the amended Terms of Use by you. If you do not agree to the amended Terms of Use, you have the right to stop using the Site, App and Services.

Site, App and Service

1. The Site and App is owned and maintained by ServayOnline

2.ServayOnline operates on online grocery store throughout the Site or App, which offers one or more of the following features and services (each “Service” and collectively the “Service”), mainly for the browsing and purchasing and offers scheduling of third party seller (Marketplace), logistic provider, courier, or vehicle through the use of Site or App:

2.1.Access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;

2.2.Search Engine or tools;

2.3.Blogs, messages boards, communication tools;

2.4.Email or message alerts; and

2.5.Any other services, features, content or application that ServayOnline may offer through the Site or App from time to time in our sole and absolute discretion.

3.ServayOnline reserves the right to change, modify, suspend or discontinue the whole or any portion of the Service, Site or App at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services, App or Site without notice or liability.

License

1. ServayOnline hereby grants you a personal, non-exclusive and non-transferable licence to use the Site and/or App, and access and use the Service available via the Site and/or App, subject to the terms set out in these Terms of Use.

2. You agree not reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purpose, any portion of, or any access to:

2.1.any Service;

2.2.the Site or App;

2.3.any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site, App or Services (collectively, “Content”),

Except, to the extent permitted, with the prior written consent of ServayOnline or unless expressly permitted in these Terms of Use.

Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, App, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Servay Online.
The Site, App and all Content are the copyrighted work of ServayOnline or our content or software providers, and ServayOnline reserves and retains all rights in the Site, App and Content.
You may not decompile, reverse engineer or otherwise attempt to discover the source code of the App or any Content, except under the specific circumstances expressly permitted by law or ServayOnline in writing.
You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, App, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.

Account Information

To access certain parts of the Site, App or Services, you will be required to sign-up for an account with ServayOnline (“Account”) and select a user name ("User Name") and password ("Password").
You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. You agree not to:

2.1.Share or permit others to use your Account or Password; or

2.2.Assign or transfer your Account to any other person or entity.

3. You shall be bound by and responsible for all communication and online activity transmitted or conducted through the use of your Account. ServayOnline shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or connection with the wrongful or fraudulent use of your account, or loss theft, or unauthorised disclosure of your Password, please promptly notify us at: (enter help page from ServayOnline). You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity

4. Each household or delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.

5. Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking here.

6. Where a delivery address is associated with multiple Account(s) without our written authorisation, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:

6.1.Cancel any orders placed through such Account(s);

6.2.Cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s) and charge full price for items purchased;

6.3.Prohibit such Account(s) or persons from participating in any promotions, contest or surveys of ServayOnline; and/or

6.4.Merge, suspend and/or terminate Account(s).

Order, Pricing & Payments

Delivery Areas (need to change depending on our online website)

At present, ServayOnline delivers to most areas in Kota Kinabalu, Sandakan, Lahad Datu, Tawau, Keningau & Miri. To find out if ServayOnline delivers to your area, please click here (add delivery availability)

You may also contact us at (admin@servayonline.com) to check on our delivery coverage. ServayOnline will only process and accept orders within our delivery coverage.

Orders

1.1.All order maybe by you shall be deemed to be an offer made by you to purchase the selected products(s) and quantities set out in your order upon these Terms of Use. All orders shall be subject to acceptance by ServayOnline. Processing of payment for an order shall not in itself constitute acceptance of the order by ServayOnline, provided that where an order for any product(s) is rejected or cancelled by ServayOnline, any payment made for such order shall be reversed or refunded by ServayOnline in accordance with our prevailing refund policy at such time.

1.2.All orders made by you are subject to stock availability. ServayOnline reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any products is out of stock, damaged or spoilt, or unavailable for any other reason. ServayOnline reserves the right to limit your order or the quantity of a particular product you may order.

2.Product Information, Pricing and Payment

2.1.ServayOnline endeavours to provide you with accurate and up to date pricing, products and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images, or other product or promotional information provided all be accurate, reliable, current, error-free, updated, or complete. You agree that ServayOnline shall not be liable for any errors in the pricing and products or promotional information listed on our Site, App or through our Services. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site, App or through our Services. If a product offered by ServayOnline itself is not as described, your sole remedy is to return it in unused condition.

2.2.Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:

2.2.1.In the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and

2.2.2.In the event of any overpayment, we will reserve or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.

2.2.3.All product prices are shown in Malaysian Ringgit and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.

2.3.Payment for all orders shall be made in Malaysian Ringgit.

2.4.We accept payment for orders by E-Banking, MasterCard, Visa and PayPal only. Kindly note that PayPal currently accepts MasterCard, Visa, American Express and Discover cards, and the credit/debit cards and payment methods accepted by PayPal is subject to change. ServayOnline is unable to accept paper checks, food stamps, or third-party coupons.

2.5.By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.

Promotions, Voucher Code and other Privileges and Programmes

1.From time to time ServayOnline may run promotions, contests, surveys, privileges and other programmes, subject to additional terms and conditions, which can be found on the site and are hereby incorporated by reference into these Terms of use.

2.Promotions, contest, privileges, and programmes are only valid for the time period specified by ServayOnline and while stock last basis. No compensation or cash will be offered in the event that promotion is no longer in stock.

3. The following terms shall apply to the use of credit, vouchers, coupons and codes (“Voucher Codes”)

3.1.Each Voucher Code is only eligible for a single-use and is only valid for the time specified by ServayOnline.

3.2.Vouchers Code may only be redeemed by purchasing certain products from ServayOnline during the applicable validity period. Unless otherwise stated, Voucher Codes will apply on certain listed on the Voucher Code.

3.3.Use of any Voucher Code must be indicated at the time of checkout, and all information required by ServayOnline must be provided. No retroactive use of the Voucher Code is permitted.

3.4.Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated,

3.5.A minimum spend may be required before use of the Voucher Code is permitted.

3.6.Voucher Codes cannot be refunded, redeemed or exchanged for cash.

3.7.Resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by ServayOnline, may be purchased by you and given to others.

3.8.No reproduction, alteration, adaptation, tampering, distributing, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.

3.9.Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.

3.10.ServayOnline reserve the right to verify the validity of any Voucher Code and to declare null and void and charge full price for items purchased, any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.

3.11.ServayOnline reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on the Site or through the App.

4. Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash or credit will be offered in lieu of the gift.

5. Where you are permitted to return any product to ServayOnline for a refund/credit and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related. If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, ServayOnline may charge the delivery fee and/or the full value of the order without the promotion.

6.ServayOnline’s decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.

7.ServayOnline reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.

Promo Code (Welcome Back)

Minimum purchase of RM 100 in one transaction (10% discount Capped at RM 10) ;
Exclude any promotion items and shipping fees ;
One registered servayonline user to one promo code user only ;
Promo code must be inserted before payment checkout ;
This promo code voucher is not refundable or exchanged to cash.

Promo Code (Welcome New)

Minimum purchase of RM 150 in one transaction (discount RM5);
Only applicable to the FIRST registered servayonline user only;
Promo code must be inserted before payment checkout;
This promo code voucher is not refundable or exchanged to cash.

Deliveries & Return

1.Deliveries

1.1.Delivery slots are subject to availability

1.2.Bulk orders may be subjected to a different delivery cost and may require a longer delivery time to be fulfilled. “Bulk order” means an order for any product that comprises quantities of beyond 30 units, unless otherwise stated in writing by ServayOnline.

1.3.ServayOnline will endeavour to deliver the products to your delivery address within the delivery time frame selected by you, but does not and cannot guarantee that the delivery time frames will be met as there may be factor outside of our control which may result in early or delayed deliveries such as weather, traffic, haze, etc. You agree that ServayOnline shall not be liable for any deliveries made outside the delivery time frame. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternative location and/or date.

1.4.Please notify ServayOnline immediately of any change to your delivery address, date or time of delivery, or contact number. Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative charge of RM10.

1.5.ServayOnline uses proprietary cooling systems to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or free perishable items.

1.6.ServayOnline aims to provide our customers more options for receiving their orders. For certain deliveries, ServayOnline provides the option for having your orders left at your doorstep as an “Unattended Delivery”. Please note that some orders won't be eligible for Unattended Delivery and no one is available to accept delivery of the order, the Driver will leave you order unattended on or in front of your premises. While we encourage you to retrieve your groceries as soon as possible once delivered, our packaging is designed to maintain the correct temperature of your products for up to 1 hour after the end of your delivery window. Where you specifically instruct ServayOnline to leave your delivery outside the door of the specified delivery address, such delivery (including unattended alcohol) shall be at your sole risk and you accept all liability and risk of loss, theft, and damage. For all other deliveries, please arrange for someone to receive the delivery and sign off the delivery invoice or device.

1.7.If the delivery includes alcoholic drinks or any other age-restricted items, which may not be delivered to a minor, please ensure a person of 21 years of age or older with appropriate identification is present to take delivery of the alcoholic drinks or other items. ServayOnline reserves the right not to deliver any age-restricted product to anyone who is, or appears to be under, the age of 21 years old, and to charge the Customer an additional re-delivery fee of RM10.00. ServayOnline also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs. You agree that if any applicable legal requirements for the delivery of alcohol are not met, ServayOnline reserves the right to cancel the alcohol-related portion of your order.

1.8.If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, ServayOnline reserves the right to charge a restocking fee equal to the sum of (1) 100% of the total dollar value of your perishable items (since our perishable items are custom-ordered and guaranteed fresh) plus (2) a re-delivery or cancellation fee of RM 10.00

1.9.ServayOnline delivers case sizes of a variety of different goods, including laundry detergent, beverages, rice, etc. Given the heavy weight of some of these products, and our concern for the health of our drivers, we have purchase limits on a variety of these items on our web site. Also in the interest of safety, we do not deliver to walk-ups (a building without an elevator) about the 5th floor, or deliver more than 3 cases of beverages about the 4th floor. In the event of a broken elevator, we also do not ask our drivers to carry groceries more than 5 floors. Our technology cannot, and does not, enforce these limits. We ask our customers to abide by these service limitations, as we may limit deliveries when orders exceed these requirements. Again this limitation exists only to protect the health of our delivery staff. We appreciate your understanding and cooperation.

2. Returns

2.1.We ask that you please check your order upon delivery. If you’re not completely happy with your fresh or perishable products, let us know within 24 hours of your delivery time and we’ll give you a full refund. If there is any damaged or incorrect grocery product(s) (including delivery of the additional product(s) not ordered by you), please contact us within 3 days of your delivery date at (admin@servayonline.com) or call us at +6011-6974 3932. ServayOnline at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).

2.2.We ask that all returned products are not used or expired, and in the original box and/or packaging. ServayOnline reserves the right, but has no obligation to, inspect the returned product and to determine whether the product was rightfully returned in accordance with this paragraph. Where ServayOnline exercises its right to inspect the Product, ServayOnline’s decision in respect of such returned products shall be deemed final and binding on you.

Intellectual Property

1.The copyright, patents, trademarks, registered design and all intellectual property rights in the Services, the Site, the App and all Content shall vest in and remain with ServayOnline and its licensors. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with ServayOnline for your use. Any other use of the materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of ServayOnline is strictly prohibited. You acknowledge that ServayOnline and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. ServayOnline reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from ServayOnline.

2.The trademarks, logos and service marks (“Marks”) displayed on this Site or App are the property of ServayOnline and other third parties, and all rights to the Marks are expressly reserved by ServayOnline and relevant third parties. You are not permitted to use the name of ServayOnline or any marks, including in any advertising or publicity or as hyperlink, without the prior written consent of ServayOnline or such third party.

3.The domain name on which the Site is hosted on is the sole property of ServayOnline and you may not use or otherwise adopt a similar name of your own use.

Comments, Feedback, and Other Information

1.You may provide or submit comments, feedback, suggestion and other content or information (collectively,”comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. ServayOnline reserves the right (but not the obligation) to review, remove or edit such content.

2.You hereby grant ServayOnline a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site or App, for any purpose as ServayOnline may require at its sole discretion. You further agree that ServayOnline may use and publish your name in connection with such Comments.

3.If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site or App, please contact us at (ServayOnline help website page)

Disclaimers & Limitations

1.While we make every effort to ensure that the Site, App, Services and all Content is accurate and complete, we provide the Site, App, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, ServayOnline disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, ServayOnline does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, quality, suitable, available, accurate, uninterrupted, error-free, or without omission, that defects will be corrected, or that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device. ServayOnline does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the App in terms of their correctness, accuracy, completeness, reliability, or otherwise.

The Site, App, and Service is provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including or otherwise, including, without limitation, any limitation, any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by guaranty as to the reliability, safely, timeliness, quality, suitability or availability of any services, products, or goods obtained by third parties through the use of the services or Site, App, or Services. Your use of the Site, App, or Services and any third party services or products remains solely with you to the maximum extent permitted by law.

1.You agree that:

1.1.ServayOnline shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, App or Services without assigning any reason: and

1.2.Access to or the operation of the Site, the App and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical other errors:

1.3.ServayOnline’s Site, App, and Service may be subjected to limitations, delays, and other problems inherently and in any such event, ServayOnline shall not be liable for any loss, liability or damage, which may be incurred as a result.

2.In no event shall ServayOnline be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, the App, Content or any other website or device. In the event that ServayOnline is liable for damages despite the foregoing provision, you agree that ServayOnline’saggregate liability to you for any and all causes of action in relation to:

2.1.any order, sale or delivery of any product by ServayOnline under these Terms of Use shall not exceed the price of the product giving rise to such claims; and

2.2.in all other cases (including any use of the Site, App or Services), shall not exceed RM 1.

3. In no event shall ServayOnline be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site, App or Content, or your use of, or the inability to use, the Services, Site, App, Content or any other website or device, even if ServayOnline or a ServayOnline authorised representative has been advised of, or should have foreseen, the possibility of such damages.

4. You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by ServayOnline at either reasonable costs or no costs to you.

Linked Sites

1.ServayOnline may provide links, plug-ins, widgets or other connections to other sites ("Linked Sites") that may be of relevance and interest to users. ServayOnline has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. ServayOnline does not endorse, recommend or guarantee any of the Linked Sites, and ServayOnline expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.

Security & Privacy

1.ServayOnline recognises the importance of keeping your personal information and data secure and private. To understand our security and privacy policies and practices, please read our Security & Privacy.

2. Please do not submit any personal information or data without first reading our Security & Privacy Policy (ServayOnline website information) which explains our data use and privacy practices in detail.

Suspension and Termination

1. You agree that ServayOnline has the right in its sole and absolute, discretion and without notice or liability to:

1.1.Restrict, suspend, or terminate your access to all or any part of the Site, App and Services; and/or

1.2.Terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account.

without assigning any reason.

2. Without prejudice to generality of the above, ServayOnline reserves the right to deactivate your Account if it has been inactive for a period of 3 years or more, or if you are in breach of any of our Terms of Use.

Notification of Infringement

1.ServayOnline reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, App, Service, or Content (“Infringing material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, App or Services, please notify ServayOnline in writing immediately in the form and containing the information prescribed by the Malaysia Copyright Act 1987 (Act 332)(“Infringement Notice”)

1.1.All infringement notices shall be sent to ServayOnline addressed as follows:

1.2. //Add Servay Online address**

2.ServayOnline will duly consider all Infringement Notices submitted in the above manner. In return you agree that you shall not take any legal action or exercise any legal remedy you may have against ServayOnline in respect of any Infringing Material, unless you have first given ServayOnline the Infringement Notice and sufficient opportunity to remove the Infringing Material within a reasonable time. Where ServayOnline removes the Infringing material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against ServayOnline under applicable law which you may have in respect of any Infringing material appearing on the Site prior to such removal by ServayOnline.

3. You acknowledge and agree that ServayOnline has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.

Jurisdictional Issues

1.The Site, App and Service are meant for use by residents of Malaysia only. ServayOnline makes no representation that the Service and Contents of the Site or App are appropriate or available for use in your location Those who choose to access this Site or App from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws

Indemnity

1.You agree to indemnify and hold ServayOnline, and its officers, agents partners and employees harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

1.1.Any Use of the Site, App or any Service;

1.2.Your connection to the Site or App;

1.3.Your breach of any terms and conditions of these Terms of Use;

1.4.Your violation of any rights of any third party, including providers of courier services arranged via the Site, App, or any Service;

1.5.Your violation of any rights of another person or entity; or

1.6.Your breach of any statutory requirement, duty or law

Severability

1.If any provision of these Terms of Use is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Use shall continue in force save that such provision shall be deemed to be deleted.

Relationship Parties

1. Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between ServayOnline and you and neither party shall have any authority to bind the other in any way.

Waiver

1.No waiver of any rights or remedies by ServayOnline shall be effective unless made in writing and signed by the authorized representative of Servay Online Sdn.Bhd.

2.A failure by ServayOnline to exercise or enforce any rights conferred upon us by Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

Force Majeure

1.No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

2.For purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use. Such circumstance or event shall include strikes, lockouts, industrial action or labour disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party.

Applicable Law and Jurisdiction

1.These Terms of Use shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

Arbitration

1.Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

By submitting the online application, the Servay Member agrees to the following:

The Servay Member card applied for via servayonline.com will be a digital member card, non-transferable, and issued to the principal holder.
The physical Servay Member card can no longer be used once the member has converted to a digital member card.
The physical Servay Member card and any supplementary cardholders will be terminated once the member converts to a digital member card.
The digital member card will remain active until the member chooses to convert to a physical Servay Member card in-store.

GENERAL TERMS & CONDITIONS APPLY TO ALL SERVAY MEMBER PHYSICAL & DIGITAL CARDHOLDERS:

The Servay Member Card is a loyalty program, owned and operated by Servay Group of Companies (“Company”) where acceptance of any person(s) to the loyalty program shall be subject to the approval of the Company and once accepted by the Company, participation by any such person (“Member”) in the loyalty program shall be subject to the terms and conditions contained herein.
Each Member will be issued a Servay Member Card as proof of membership.
Servay Member Card is not a credit card and charge card.
Servay Member Card is valid at all Servay & Parkwell Outlets.
Servay Member Card is open to all citizens of Malaysia and non-residents aged 18 years old and above.
The registration fee for the Servay Member Card is Ten Ringgit Malaysia (RM 10) and the renewal fee per year is Ten Ringgit Malaysia (RM 10).
The validity of the Servay Member card is for a period for twelve (12) calendar months from the month membership issued and will expire immediately thereafter. Members are encouraged to renew their cards in advance of three (3) months before card expiry via servayonline.com (digital card) or at any Servay & Parkwell outlets (physical card) to avoid any usage interruption and inconvenience due to card failure.
The Servay Member supplementary card will no longer be available starting from November 1, 2024. If the principal card member renews their card or converts to a digital member card, the supplementary cards will also be terminated. All supplementary cardholders must apply on their own to be entitled to all Servay Member benefits.
Servay Member card (as principal or supplementary) is not transferable, and all fees paid by members are non-refundable. Membership ceases when the cardholder deceases.
The Company reserves the right to amend or add any of these terms & conditions without any prior notice. Any new or amended terms and conditions will overwrite the existing Servay Member Card terms & Conditions.
The Company may at any time reject an application or withdraw a membership without giving any reason.
The Company reserves the right to utilize the members particulars provided in this application for its’ promotional and marketing purpose.
The Company reserves the right to suspend or terminate the program at any time deem necessary. In such situation, the Company will give advance notice to members in the manner deem appropriate.
Member must present the physical/digital card of Servay Member card to cashier or provide cashier the registered telephone number linked to the Member card before every transaction checkout to ensure their spending amount is recorded and accumulated. Failure to comply means Member accepted that the spent amount will not be recorded and accumulated for rebates or points calculation.
One (1) member point will be awarded for Every one Ringgit Malaysia (RM 1) spent in Servay Hyper, Jaya and Parkwell outlets and Servay Online, one (1) member point will be awarded for Every Three Ringgit Malaysia (RM 3) spent in Servay Express outlets.
Members with sufficient member points are allowed to make redemption on member points collected. All redemption must be made by the principal of the Servay Member cardholder only. The Member shall present his/her card and national identity card (NRIC) for any Rewards redemption. Member who has redeemed his/her points for any rewards is not eligible for refunds or cancellations.
Purchases of the following items are not entitled to any member points:
1. Servay Gift Vouchers.
2. Cash vouchers;
3. Online Delivery charges or Third-party Services;
4. Carton Purchases;
5. Selected promotion/discounted items;
6. All Government controlled items, i.e. rice, cooking oil, sugar, flour, eggs, chicken
The Company reserves the right to amend or adjust the point’s collection and redemption structures without prior notice.
Employees, staff, and promoters of the Company are prohibited from using their Servay Member Card when on duty and/or anytime on any customer purchases.
Member points will be automatic forfeited and terminated if your card expired more than three (3) months without renewal.
Member points will expire in twenty four (24) months from the months of the points being accumulated. If the Member fails to redeem his/her points before expiration date, the earned shall be forfeited.
Members will be able to check their Member points balance by linking their Servay Member card to www.servayonline.com or check their Member points at any Servay & Parkwell outlets customer service counters.
The Company will update the member points in 7 working days after your shopping at the Company outlets/servayonline.com.
It is the Members’ responsibilities to notify the Company of any changes of personal particulars, lost or damaged cards, and to notify any changes or updates of the correct provided personal details via servayonline.com or at any Servay & Parkwell outlets customer service counters.
Members are strictly prohibited from publicly sharing their member cards on any social media platforms for the purposes of points accumulation and member pricing. If this is found by the Company, the member's card will be automatically forfeited without notice.
The Member agrees that the Personal Data may be used by Company for the purposes below:
1. to associate the card to the member and to update information (if required);
2. to process the registration/application by the Member for related services;
3. Management, operation and maintenance of Member’s account, system including audit and exercising the rights of the Company under the terms and conditions;
4. designing new or improving existing services provided by Company, our subsidiaries, associates and affiliates;
5. communication by Company to Member;
6. investigation of complaints, suspected suspicious transaction and research for service improvement;
7. prevention or detection of crim or fraud; and
8. disclosure as required by law, rules, regulations, codes or guidelines.
The Company shall not be liable for any loss or damage suffered by the Member due to the following reasons:
1. any statement communication or implication arising from any revocation, suspension, restriction of the use of the Card;
2. any failure or omission to notify the Member of any changes in the terms and conditions of this Agreement;
3. any defect or error in any machines or inability to retrieve any information or date from the computer system;
4. any errors, delays, direct or indirect due to breakdown, failure of machinery or the processor, or industry dispute, war, act of God, system failure and anything outside the control of the Company.

Last updated: 11.11.2024 (Version 1.4)