Terms & Conditions
WhyQ Terms & Conditions for Customers
INFORMATION ABOUT US
WhyQ seeks to empower the local F&B community, especially the neighbourhood food stalls in coffee shops, food courts, hawker centres and smaller food establishments, through access to digitization. It establishes an online presence for their services and provides them with wider delivery platforms at minimal cost.
WhyQ offers an ordering and delivery service from our Partner Food stalls in Malaysia. Each Partner Food stall has a prescribed delivery area. This is to ensure that their Meals reach you when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will not be possible. We do not accept orders from individuals to a post code in which we do not have a Partner Food stall. Operating hours will vary depending on local trading conditions and the availability of our Partner Food stalls. Please click on the relevant link to view the menus on our Service, and then click on your chosen menu which will provide you with the option to submit your order to your chosen Partner Food stall.
When you place an order through our Service, an email thanking you for your order and confirming your order has been received (the "Confirmation Email") will be sent to you by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive at the correct location. If you do not arrive at the delivery location within 15 minutes of your order arriving, we reserve the right to leave the premises, and you will be charged for the Meal. WhyQ seeks to provide a quality service and will be the first contact in the event there is a problem with your Meal either in regards to food quality and/or temperature. We do monitor our Partner Food stalls very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partner Food stalls or in respect of the Meals by emailing or calling us.
All Meals are subject to availability. WhyQ may offer an alternative for any Meal it cannot provide you with. Our Partner Food stalls may use nuts in the preparation of certain Meals. Please call our customer service number prior to ordering if you have an allergy. WhyQ cannot guarantee that any of the Meals sold by our Partner Food stalls are free of allergens. Customer notes are adhered to by hawkers on a best-effort basis and cannot always be guaranteed.
AVAILABILITY AND DELIVERY
Our aim is to provide the best delivery service possible. Unfortunately things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your Meal is delivered by the time specified in the email and webpage.
You have the right to cancel an order before Partner Food stall accept/reject this. For cancellations after this period, you may make a request to the WhyQ customer support. The Partner Food stall may cancel any order and will inform you if we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any order cancelled after it becomes an Order Under Preparation will be charged to you. WhyQ alone will determine whether an order is Under Preparation or not.
PRICE AND PAYMENT
The price of any Meals will be listed on our Service. Prices include SST. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, say in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Meals listed on our Service may be incorrectly priced. The relevant Partner Food stall will normally verify prices as part of the order process. Payment for all meals can be made by credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to WhyQ and is subsequently passed on by WhyQ to the Partner Food stall. We are authorised by our Partner Food stalls to accept payment on their behalf and payment of the price of any Meals to us will discharge your obligations to pay such price to the Partner Food stall.
REFUND - POLICY INCORRECT/SPILLED/MISSING ITEMS
Email us at email@example.com and provide us with a picture. We will handle your request on a case by case basis. If our team decides to proceed with a refund, refunds will be processed within 3 working days by our Finance Team through the payment method that you have utilized.
To the extent permitted by law, WhyQ provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither WhyQ nor any Partner Food stall shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that WhyQ or the Partner Food stall is found to be liable to you our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order. This does not include or limit in any way WhyQ's or any Partner Food stall's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
EVENTS OUTSIDE OUR CONTROL
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
Neither you, WhyQ nor the Partner Food stall shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
ACCESSING OUR SERVICE OR OUR SERVICES
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact marketplace@WhyQ.sg straight away to let us know. We can deactivate your account at any time.
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
SUSPENSION AND TERMINATION
- immediate, temporary or permanent withdrawal of your right to use our Service;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
- issuing of a warning to you;
- legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
INTELLECTUAL PROPERTY RIGHTS
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
OUR SITE AND OUR SERVICE CHANGE REGULARLY
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND USE OF OUR SERVICE
UPLOADING MATERIAL TO OUR SITE AND OUR SERVICE
Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
LINKS FROM OUR SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
JURISDICTION AND APPLICABLE LAW