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Term of Use

Please read these Terms of Use before using our website www.confirmfresh.com(“Site”), our ConfirmFresh fruit store software and/or our Services (defined below) so that you are aware of your legal rights and obligations with respect to ConfirmFresh.com (“ConfirmFresh”, “we”, “our” or “us”. Your use of the web site www. ConfirmFresh.com constitutes your agreement to abide by these Terms of Usage. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. The materials contained in this website are protected by applicable copyright and trade mark law.


1.            Services

The Services comprise a platform that provides you with retailer virtual storefronts from which you can select goods for picking, packing by ConfirmFresh Staff (“Picker”) and Delivery Crew (“Rider”) to your location or, if available, for you to pick up in-our pick up point.


When you use the Services, you authorize the purchase and delivery of those products from the outlets you select. ConfirmFresh.com will obtain a credit card authorization for your credit card on file with us to cover the cost of the goods you have purchased from ConfirmFresh and any separate delivery fees, and your card will be charged for the goods purchased by you and any applicable fees.


2.            Nonexclusive License

ConfirmFresh.com hereby grants you a nonexclusive, non-transferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use. Access to and use of portions of the Site are limited to persons that become subscribers to or members of the Site. You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:


a.            any Service;

b.            the Site or App;

c.             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 ConfirmFresh.com or unless expressly permitted in these Terms of Use.


You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on the Site without our express written permission.


3.            Account Information

To access certain parts of the Site, Services, you will be required to sign-up for an account with ConfirmFresh.com (“Account”) and select a user name ("User Name"), (“Email”) and password ("Password").


You will be asked to provide a Password upon registration, this Password must be kept confidential and must not be disclosed or shared with anyone. You will be responsible for any purchases and activities that are submitted under this Password. You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. ConfirmFresh.com shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account.


If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: weiloon@confirmfresh.com.


Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information. 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 to refuse, suspend or terminate registration of individual and corporate member immediately at our discretion.


4.            Orders, Pricing & Payments

Presently, ConfirmFresh delivers to most areas in Klang Valley. To find out if ConfirmFresh.com delivers to your area, please click here. You may also contact us at weiloon@confirmfresh.com to check on our delivery coverage. ConfirmFresh will only process and accept orders within our delivery coverage.


a.            Orders

All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms of Use. All orders shall be subject to acceptance by ConfirmFresh. Processing of payment for an order shall not in itself constitute acceptance of the order ConfirmFresh.com provided that where an order for any product(s) is rejected or cancelled by ConfirmFresh.com, any payment made for such order shall be reversed or refunded by ConfirmFresh.com in accordance with our prevailing refund policy at such time. All orders made by you are subject to stock availability. ConfirmFresh 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 product is out of stock, damaged or spoilt, or unavailable for any other reason. ConfirmFresh reserves the right to limit your order or the quantity of a particular product you may order.


b.            Product Information, Pricing and Payment

ConfirmFresh endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, pricing or typographical errors may occur from time to time and we do not guarantee that the pricing, images, product description, or other product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete. You agree that ConfirmFresh.com shall not be liable for any errors in the pricing and product 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 ConfirmFresh.com itself is not as described, your sole remedy is to return it in unused condition.

If the actual price of any item ordered by you is higher than that reflected on the Site, or through our Services, ConfirmFresh will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorise ConfirmFresh to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled. The final price will be the price on the day the goods are picked for collection / delivery.

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. All product prices are shown in Malaysia Ringgit (MYR). Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice. In the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.


c.             Payment for all orders shall be made in Malaysia Ringgit (MYR).

We accept payment for orders by Bank Transfer, MasterCard and Visa only. ConfirmFresh.com is unable to accept paper checks, food stamps, or third-party coupons.


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.


ConfirmFresh.com will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, ConfirmFresh reserves the right to collect funds for any uncollected transactions owed to it. If you fail to pay any fees or charges when due or if a redelivery or restocking fee is imposed, ConfirmFresh may charge such amount directly to the credit card identified in your Customer Account Information and ConfirmFresh may suspend or terminate your access to J ConfirmFresh.com services. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that ConfirmFresh.com may incur in its efforts to collect any unpaid balances from you. Your right to use the ConfirmFresh.com services is subject to limits established by ConfirmFresh.com and/or by your credit card issuer.


5.            Delivery/Order Amendment

ConfirmFresh.com will only deliver your order to the front door at the stated delivery address. In an event where ConfirmFresh.com has been notified to leave your order on your doorstep, ConfirmFresh.com shall not be liable for any consequential, indirect or special damages or loss of whatever descriptions. If there are any changes in the delivery address/contact details made between submission of order and delivery date, customers are to update ConfirmFresh.com at least 24 hours prior to delivery. No amendment to an order is allowed once order is processed. To add items, kindly create a second order prior to delivery and inform us via our official number 012 800 5868. . All amendments if agreed to surcharge or cancellation of deliveries must be confirmed via a reply through email.


6.            Order Cancellation

No cancellation charges will be imposed if customer provides us with the cancellation or amendment details at least one (1) day prior to the agreed delivery timing.


7.            Promotions, Voucher Codes and other Privileges and Programmes

From time to time, ConfirmFresh.com may introduce promotions, vouchers, offers, 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. Promotions, vouchers, offers, contests, surveys, privileges and other programmes are only valid for the time period specified by ConfirmFresh.com and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock.


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

a.            Each Voucher Code is only eligible for a single use and is only valid for the time period specified by ConfirmFresh.com

b.            Voucher Codes may only be redeemed by purchasing certain products from ConfirmFresh.com during the applicable validity period

c.             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.

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

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

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

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

h.            ConfirmFresh.com reserves 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.

ConfirmFresh.com’s decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding. ConfirmFresh.com reserves the right to discontinue any promotions, vouchers, offers, contests, surveys, privileges and other programmes at any time without notice or liability.


8.            Products

We have made every reasonable effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right, at our sole discretion, to discontinue any product at any time. Any offer for any product or Services made on this Site is void when it is prohibited by law. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.


9.            Exchange, Return and Refunds

Should there be discrepancies in items received, kindly send us an email here at weiloon@confirmfreseh.com or reach us at our hotline, +6012 800 5868. All issues must be reported within one (1) working days of receiving the Products. Refunds for Product purchased under promotional offer will be based on the terms of the promotional price. Regrettably, gift items are non-exchangeable. This applies to hampers and all items purchased for a third party's consumption.


Discrepancies will be dealt in the following manner:

a.            If any Product proves to have been delivered in a damaged condition or wrong items delivered, we can exchange the Products/refund Please contact Customer Service.

b.            If additional/wrong or damaged Products are delivered, ConfirmFresh.com reserves rights to collect the Products from customer.

c.             If items are wrongly or short delivered by mistake, ConfirmFresh.com reserves the rights to refund difference or supply the correct/short delivered item. Please contact Customer Service.

d.            If item is damaged, ConfirmFresh.com reserves the rights to request for photo evidence.

If you are not satisfied with the quality of your purchase, within 1 days from the purchase date, we will fully refund the cost of your order. To request for a refund, please bring the products to the outlet from where you placed your order. When you return the product to us, you must also bring the original receipt, original packaging, tags, labels, accessories and complimentary gifts that come with it. Returned products must be in the condition you received them and in the original box and/or packaging.


10.          Third Party Links

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


11.          Intellectual Property

The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site, and all Content shall vest in and remain with Confirmfresh.com 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 ConfirmFresh.com for your use. You may not modify, reproduce, copy or distribute any of the content on ConfirmFresh.com for commercial purposes without our prior consent. You acknowledge that ConfirmFresh.com and/or third-party content providers remain the owners of such material (collectively "content") and that you do not acquire any of those ownership rights by downloading copyrighted material. ConfirmFresh.com reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from ConfirmFresh.com.


12.          User Comments, Feedback And Other Submissions

If you send certain specific submissions (on this website including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions) without a request from us, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), these will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, continuous, unchangeable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such posting or submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or recompile such posting and/or submission.


We may, but are under no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.


By sending and/or posting your comments, you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.


You agree to not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


13.          Errors, Inaccuracies And Omissions

Occasionally there may be information on our Site, in the Services and/or Content that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.


We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, Services, Content or on any related website is inaccurate at any time without prior notice to you.


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


14.          Disclaimer Of Warranties; Limitation Of Liability

ConfirmFresh.com do not guarantee, represent or warrant that your use of our Site, Services and/or Content will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our Site, Services and/or Content will be accurate or reliable. You agree that from time to time we may remove our Site, Services and/or Content for indefinite periods of time or cancel our Site, Services and/or Content at any time, without notice to you. Your use of, or inability to use, our Site, Services and/or Content is at your own risk.


This site and all information contained herein is provided on a "as is" without any implied or express warranty including of any implied warranty as to title, quality, merchantability, fitness for purpose, or non-infringement. Before acting on the information found on ConfirmFresh.com website, you may wish to confirm the facts that are important to your decision making. Product information on our website may be different from information on the products for a variety of reasons including such things as merchants’ updates and changes. ConfirmFresh.com reserves the right to change or update information on any product on ConfirmFresh.com at any time without prior notice.


ConfirmFresh.com will not be held responsible for any damages or loss of Products after delivery. The Customer shall not use the Product in any manner and/or for any purpose for which they are unsuited for and shall be responsible for using all necessary skill and care in handling and using the Product. The Customer expressly agrees that ConfirmFresh.com assumes no obligation or liability for any advice or information given with the Products and ConfirmFresh.com assumes no responsibility for any inaccuracy or misstatement of any such information. The Customer assumes all risks connected with the use and storage of the Product.


15.          Security & Privacy

ConfirmFresh.com 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 Privacy Policy.


Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.


16.          Suspension and Termination

You agree that ConfirmFresh.com has the right in its sole and absolute discretion and without notice or liability to restrict, suspend, or terminate your access to all or any part of the Site, App or Services; and/or terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason.

Without prejudice to the generality of the above ConfirmFresh.com reserves the right to deactivate your Account if it has been inactive for a period of 5 years or more, or if you are in breach of any of our Terms of Use.


17.          Modification of Terms of Usage

ConfirmFresh.com reserves the right to revise these Terms and Conditions of Usage at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time. Certain provisions of these Terms and Conditions of Usage may be superseded by expressly designated legal notices or terms on particular pages of the Site or in separate written agreements between ConfirmFresh.com and you.


18. Indemnification

You agree to indemnify and hold ConfirmFresh.com and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions of Usage, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.


19.          Applicable Laws

ConfirmFresh.com operates the Site from its office in Kuala Lumpur, Malaysia and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations.


The display of the Site alone does not subject ConfirmFresh.com to any specific jurisdiction. You may not use or export any of the Site materials in violation of Malaysian export laws and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the Malaysian laws as applied to agreements made and to be performed entirely therein. Any action brought to in connection with the Site or Site content shall be brought in the courts with jurisdiction in Malaysia.

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