
Terms & Conditions
Please read the terms and conditions (“Terms and Conditions”) set out below
carefully before ordering any Goods or Services listed on www.madstore.biz
(“Website”). By visiting our Website, using our App, registering an account with us or
by ordering any Goods or Services from this Website, by phone, or by App you
agree that you have read and understand these Terms and Conditions and that you
accept and agree to be bound by them.
We reserve the right to modify or update our Terms and Conditions at any time
without prior notice. It is your responsibility to check for any changes in our Terms
and Conditions.
A breach or violation by you of any of our Terms and Conditions will result in the
immediate termination of provision of services to you without further reference to
you.
1. Introduction
MAD BIZ SOLUTIONS SDN BHD (1153885-V) is a Private Limited company
incorporated and existing under the laws of Malaysia, with its business address at N-
6-05, Gamuda Biz Suites, 12, Jalan Anggerik Vanilla, 31/99, Kota Kemuning, Shah
Alam, Selangor, Malaysia (“the Company”), the owner and operator of
www.madstore.biz (“MAD Store”).
The Company is engaged in the business of building, operating and managing an
online marketplace with its trade name “MAD Store” that provides personal shoppers
to purchase your ordered Goods from the Participating Retailers and provide delivery
service to your doorstep on www.madstore.biz, an Internet domain property
registered under the Company’s name.
MAD Store provides a Platform to enable the registered Customer to place, accept,
conclude, manage and fulfil orders for the sale and purchase of Goods and/or
Services online via this Website and/or the App. THE PARTIES HEREBY AGREE
AS FOLLOWS:
2. Definitions
2.1 “Agreement” refers to this Terms and Conditions, the Privacy Policy, any order
form, and the payment instructions provided;
2.2 “App” refers to the installable mobile application of MAD Store;
2.3 “Checkout” refers to completion of the cart checkout process on our App/Website
that results in an Order confirmation;
2.4 “Customer” refers to any person, firm, company or body registered with MAD
Store to place an Order on the Website and/or App;
2.5 “Pick Up” refers to self-collecting of goods and any form of items, meals which
are provided by the retailers.
2.6 “Delivery” refers to goods and any form of delivery service, which are provided by
the retailers;
2.7 “Goods” refers to the consumer products which are on retail sale by the
Participating Retailer, including but not limited to groceries and daily needs for
consumer use and / or consumption and which are made available through its
Premises. Notwithstanding the above, MAD Store shall have absolute discretion not
to include any such identified Goods on the Platform at its sole and absolute
discretion;
2.8 “Independent Contractor” refers to any third party individual rider or rider
company engaged by the Company to provide delivery service;
2.9 “Opening Hours” refers to any time and day during which a Premise of the
Participating Retailer is open to the general public;
2.10 “Order” refers to confirmed shopping cart submitted by you upon checkout from
the Website or App;
2.11 “Participating Retailer” refers to a third party, which is cooperating with MAD
Store to supply the Goods and Services (if any);
2.12 “Platform” refers to an online market place known as www.madstore.biz, an
internet domain property registered under the Company’s name, for the Customer to
purchase groceries from different Participating Retailer via the Website or App;
2.13 “Privacy Policy” refers to the agreement as displayed on this site, governing
how we collect and store data;
2.14 “Premise” or “Premises” refers to the outlet or store where the Participating
Retailer keeps and sells the consumer products to the public;
2.15 “Service” or “Services” refers to services which we may supply and you may
request from our Website or App including such services provided by third party
service providers such as payment gateway services;
2.16 “Service Fee” refers to the delivery charges and shopper fees that you will be
charged upon placing an Order with MAD Store;
2.17 “Total Bill” refers to the total price for Delivery, Goods or Services ordered,
including any other charges or taxes including but not limited to Sale and Services
Tax (“SST”), government duties and other levies imposed at any time by the
government that shall be charged to you upon completion of your Delivery;
2.18 “We”, “Us”, “Our”, “MAD Store”, “the Company”, all reference to the Company;
2.19 “Website” refers to the online market place owned and operated by the
Company and known as “MAD Store”, an e-commerce Platform having its domain at
www.madstore.biz or any subdomain thereof on which we offer our Goods and
Services;
2.20 “You”, “Your”, “Yours” refer to you, the individual or representative of corporate
body accessing this Website or App to order Goods and Services from the Website
or App or any other way to order from MAD Store.
3. Account
Registration of Account
3.1 Before placing an Order from MAD Store, you are required to provide a valid e-
mail address and create your own password for the purpose of registration of an
account with us. You must ensure that you keep the combination of these details
secure and do not provide this information to a third party.
3.2 Only one (1) MAD Store account is allowed for each registered phone number.
Additional accounts may be allowed at our discretion. Furthermore, the number of
devices you may use to log into your MAD Store account may also be subject to
limitations.
User information
3.3 When using our Website and/or App, you agree to provide us with the correct
required information and warrant that:
a) the provided information is correct and complete and shall inform us immediately
of any changes of the provided information;
b) the credit or debit card details that you provide are for your own credit or debit
card and that you have sufficient funds to make the payment;
c) You are eighteen (18) years old and above; and
d) the Goods and/or Services is for your own consumption/use and strictly prohibited
for resale.
Suspension / Termination of Account
3.4 MAD Store has absolute discretion and rights to refuse registration of any
account and to terminate the registration of any account for any reason whatsoever.
3.5 We consider the following actions as wrongful use of MAD Store account,
including but not limited to:
i. Usage of account for any illegal activities in accordance to the laws of Malaysia;
and/or
ii. Usage of account for commercial or non-domestic purposes; and/or
iii. Usage of multiple MAD Store accounts for purchases related to MAD Store
promotions; and/or
iv. Creation of account on behalf of another person or entity without their
authorization.
3.6 In the event that: (i) our systems detect multiple accounts being linked to your
phone number; (ii) wrongful use of MAD Store accounts as detailed in Clause 3.5;
(iii) payment methods that we deem suspicious; (iv) multiple instances of payment
failure; or (v) any of the information given is incomplete, invalid, false or wrongful, we
reserve the right to:
i. Cancel any of your current or future Order;
ii. Immediately terminate your access to our Services without further reference to
you;
iii. Suspend your MAD Store account and/or payment accounts indefinitely; and
iv. Immediately cease all further communication with you.
Non Liability
3.7 We will take all reasonable care, in so far as it is in our power to do so, to keep
the details of your Order and payment secure, but in the absence of negligence on
our part we shall not held liable for any loss you may suffer if a third party procures
unauthorized access to any data you provide when accessing or place an Order from
the Website or App.
3.8 We shall not be held liable to you for any losses (monetary or otherwise),
liabilities, costs, damages, charges or expenses arising out of the actions or
consequences stated in Clause 3.6.
4. Order
Acceptance and Formation of Contract
4.1 There will be no contract of any kind between you and MAD Store unless and
until we actually dispatch the Goods to you. Your Order is an offer to buy from us.
Nothing said or done by us will be considered any acceptance of that offer until your
Order has been dispatched to you. Only once the goods are dispatched, a contract
will be made between MAD Store and you, and you will be charged accordingly for
the Goods and Services provided. For avoidance of doubt, by placing an Order with
MAD Store, you hereby agree and acknowledged that you are entering a contract
with MAD Store only and to liaise with MAD Store directly on the Order, delivery
service and/or refund.
4.2 We reserve the right to cancel your Order and/or deny you access to our
services should any of these required information be found to be incomplete and/or
invalid and/or for any reason at any time. This is done at our sole discretion and
reasons need not be assigned. You fully agree and understand that your remedy as
a Customer in the event of any cancellation is the refund of the amount paid by you
in respect of such cancelled transaction. MAD Store shall not be responsible for
additional compensation and you shall have no right to insist on the completion of
your Order and/or delivery of the Order.
Goods for Own Use
4.3 The Goods delivered are for your own use and not for resale. You warrant that
you are not acting as an agent for a third party. Unless there is an official agreement
between you and MAD Store, our Services as displayed on our Website and the App
should be used for non-commercial and domestic use only. We reserve the right to
refuse and/or cancel Order from businesses or that we consider are for commercial
or other non-domestic purposes.
Age-restricted item
4.4 You must be at least eighteen (18) years old when placing an Order for the
restricted items listed below:
(a) Alcoholic Beverage (strictly applicable for Non-Muslim only); and/or
(b) Cigarette;
and we reserve our rights to request you to present valid identity card for verification
purpose upon placing and Order and/or Delivery of the aforesaid items. We shall at
our sole discretion decide not to hand over the items to you if you fail to provide your
identity card upon our request. You will still be charged for the items despite them
not being delivered to you.
4.5 The availability of items as presented in our Website or App depends on the
stock in the Premises of the Participating Retailer and we shall not guarantee that all
the items you ordered will be available.
4.6 We reserve the right to set limits for quantity of items that you may order (this
can refer to (i) the total amount of items in your order; and/or (ii) quantity available for
purchase for each individual item published in our Website or App). If the quantities
of your Order exceed either of these limits, we reserve the right to amend or cancel
your Order. We will endeavour to inform you in advance in the event we are unable
to deliver your Order due to these limits.
4.7 We will deliver strictly based on the item’s quantities indicated in your checked-
out cart. Any variation of the quantities mentioned via any other form of
communication (including but not limited to message to shopper and/or driver notes
or live chat) will be disregarded.
4.8 Packaging charges will be added to your Total Bill. The cost of packaging
depends on the choice of biodegradable plastic or reusable bag selected during the
Checkout process. If you do not select a packaging option, a default packaging
option (which varies from store to store) and its costs will be applied to your order.
5. Prices and Payment
Guide Price
5.1 All prices set by MAD Store or Participating Retailer listed on the Website or App
are guide prices only and are only approximate. We reserve the right to change
these prices at any time. Prices are inclusive of the relevant taxes imposed by the
Malaysian government (if applicable), delivery charges and our Service Fees. We
also reserve the right to alter the Goods or Services available for sale on the
Website, terminate any Participating Retailers, and/or discontinue any Goods or
Services at any time.
Total Bill
5.2 The Total Bill for Delivery, Goods or Services ordered, including delivery charges
and other taxes and shopper charges, will be displayed on the Website or App when
you complete your Order at your check out cart. We shall not supply the Goods to
you until we have accepted your Order. Acceptance of your Order by MAD Store
shall take place when you received our confirmation of order stating that we are
accepting your Order.
Mode of Payment
5.3 Full payment must be made for all Goods dispatched and Services provided.
Payment can be made by: (i) online payment via credit or debit card; or (ii) cash-on-
delivery; or (iii) e-wallet.
Price Difference
5.4 Your Total Bill may be varied from the guide price initially displayed on the
Website or App when you placed your Order. This difference of price can be due to
one or more of the following reasons:
i. Weighed products – We cannot guarantee that you will get the exact weight as
displayed on the Website/ App when you ordered for your items. You will be paying
for the item based on the weight determined upon completion of your order’s
shopping and dispatching.
ii. Replacements – When the original item you ordered is unavailable at the
Premises, we may instead deliver you a replacement item that you can choose to
accept or decline. If you accept the replacement item, you will be charged on its full
price instead of the price of your original item.
iii. Changing in-store prices – The prices at the Participating Retailer’s Premise may
vary on a daily basis and the final price charged to you is subject to our discretion.
Unless otherwise communicated, the price of the item you will be paying will be the
price as stated on the Website/ App on the day you ordered. This price is stated in
your Order confirmation email. Should price changes be required, we will endeavour
to communicate this with you before the completion of your Order.
iv. Technical errors – Should pricing discrepancies due to technical errors occur, we
reserve the right to amend your Order and/or your Total Bill. We will endeavour to
communicate with you regarding such price changes before the completion of your
Order.
5.5 If you are dissatisfied with the pricing differences of your items that resulted from
the reasons stated in 5.4, you are entitled to reject the items upon delivery. You will
not be charged for any item that you did not accept.
Payment by credit / debit cards
5.6 If you choose online payment, you must provide your payment details before
your Order is delivered. To ensure that shopping online is secure, your debit/credit
card details will be encrypted to prevent the possibility of someone being able to
read them as they are sent over the Internet. Your credit card issuer may also
conduct security checks to confirm it is you placing the Order.
5.7 You agree that for credit card or debit card payments and / or the adding of new
cards on your MAD Store profile, we will authorize a small sum for card verification
purposes. You will not be charged for this amount.
5.8 You agree that by saving your card details on any of our platforms you are
allowing us to make recurring charges to your card. These charges are made without
you needing to insert security one time pins (OTP).
5.9 If you choose to pay by credit card, we will first pre-authorize the amount billed
during Checkout. Please note that you are not being charged during this
authorization. It simply means that we are sending a request to the issuing bank of
your credit card to verify that the credit card is valid and has sufficient funds to cover
your Total Bill. Some banks may send a notification regarding this pre-authorization.
Upon delivery, (i) if your Total Bill amount is higher than the amount pre-authorized
during Checkout, your credit card will be charged a second time via recurring
charges for the balance between your Checkout amount and final Total Bill. Some
banks may send a notification regarding a second charge. If your credit card
transaction is declined for this second charge, we will request for the additional
amount in the form of cash on delivery; and (ii) if your final Total Bill is lower than the
amount pre-authorized during Checkout, your credit card will be charged for the new
Total Bill and the balance will return to your card in accordance with your bank’s
standard practices; and (iii) if your Total Bill amount is the same as the amount
during Checkout, the amount pre-authorized during Checkout will be charged to your
credit card. Your bank will update the final charge on your statement accordingly
after delivery.
5.10 If you choose to pay by debit card, your card will be charged at Checkout. Upon
delivery, (i) if your Total Bill amount is higher than the amount charged during
Checkout, your debit card will be charged a second time via recurring charges for the
balance between your Checkout amount and final Total Bill. Some banks may send
a notification regarding a second charge. If your debit card transaction is declined for
this second charge, we will request for the additional amount in the form of cash on
delivery; and (ii) if your final Total Bill amount is lower than the amount paid during
Checkout, the balance will be refunded in accordance with your bank’s standard
practices; and (iii) If your Total Bill amount is the same as the amount during
Checkout, no additional charges or refunds will be processed. Your bank will update
the final charge on your statement accordingly after delivery.
5.11 In the event of failed credit or debit card payment, our Total Bill must be made
via cash on delivery. Failure to pay with cash on delivery will result in the
cancellation of your Order and your items will be returned to the store.
Payment by e-wallet
5.12 If you choose to pay by e-wallet, your e-wallet credits will be deducted at
Checkout. Upon delivery, (i) if your Total Bill amount is higher than the amount
charged during Checkout, we will request for the additional amount in the form of
cash on delivery; and (ii) if your final Total Bill amount is lower than the amount paid
during Checkout, the balance will be refunded automatically to your e-wallet account
in the form of credits within the same day of delivery; and (iii) If your Total Bill
amount is the same as the amount during Checkout, no additional charges or
refunds will be processed.
5.13 All e-wallet refunds due to amount differences between Final Bill and Checkout amount (as
detailed in 5.12) as well as order cancellations and failed deliveries will be completed within 24
hours of delivery completion. We will endeavour to get in touch with you with alternative refund
options in the unlikely event that these refunds fail to occur. You may also contact us at
support@madstore.biz
Electronic Receipt
5.14 We do not provide physical receipts for your Order. A digital order confirmation
and payment receipt (after payment made) will be emailed to you upon completion of
your Order. If you require an official tax invoice, you may reach out to our customer
service department.
Promotion or discount
5.15 All discounts and promotions apply to the net total amount (adjusted for Out of
Stock Items) but not the gross total. For example: If there is a promotion running for
10% OFF with a minimum purchase price of RM150, Out of stock Items are RM20
then your net total amount would be RM130. Therefore, the promotion of 10% OFF
will apply to RM130 and not RM150.
5.16 By using our services, you agree to be bound by all our promotion terms and
conditions that may be published on our Website, App and any other social media
platforms and/or various websites and landing pages.
5.17 Offers, promotions and incentives are subject to our absolute discretion and
may be modified and / or withdrawn at any time and without notice.
5.18 The vouchers and/or promo code given are only applicable for current delivery.
The vouchers and/or promo code will not be applicable if you choose to cancel it for
current delivery. We reserve the right to withdraw or cancel any promo code for any
reason at any time. We will not be held liable for any loss arising from the refusal,
withdrawal, cancellation or inability to use our promo code.
5.19 In the event we have a reasonable belief that there exists an abuse of vouchers
and/or promo codes or in suspected instances of fraud, MAD Store may cause the
shopper (or Customer) to be blocked immediately and reserves the right to refuse
future service. Additionally, should there exist an abuse of vouchers or discount
codes, we reserve the right to seek compensation from any and all violators.
6. Pick Up & Deliver
Delivery Area
6.1 Delivery periods quoted at the time of ordering are approximate only and may
vary. Goods will be sent only to the address provided by you in the ‘Delivery
Address’ section before completion of your payment in the checkout cart. Addresses
added in either Shopper or Driver Notes or live chat will be considered as invalid and
will not be eligible for any deliveries. Customers are not allowed to change delivery
address after the Order is confirmed. Please note that delivery address inaccuracies
and/or discrepancies may result in order cancellation. MAD Store delivery service is
available in selected areas with specific stores available in the area. You are advised
to check the Website and/or App on the designated delivery area prior to your
placement of any Order. We shall reserve our rights to inform you earlier and to
cancel your Order if we are unable to deliver to your location.
Delivery Time
6.2 The delivery periods selectable are based on merchants’ arrangement and
delivery partners’ arrangement. There is a limited slots available in each delivery
period. We shall not guarantee that you will be able to choose the delivery period
you desire. Such inaccessibility of delivery periods will be indicated by the Website
or the App. The Delivery period shall be agreed upon your placement of Order. The
Delivery time is based on the Opening Hours of the Premises by the Participating
Retailers.
6.3 MAD Store may employ Independent Contractor to ensure delivery of Goods and
Services in the timeframe selected in the Website or App. We will take great care to
ensure that delivery is done in the timeframe selected in the Website or App.
Delivery may not be available during rain or severe weather condition. Neither MAD
Store, the Independent Contractor nor the Participating Retailer shall be held liable
for any losses, liabilities, costs, damages charges or expenses arising out of any
delay, postponed or cancelled delivery. If the Goods are not delivered within the
selected timeframe (except weather condition), or for any other inquiry regarding
delivery, please contact our customer service department, as indicated by the
Website or App.
Delivery Charges
6.4 We require a minimum spending of an amount as stated in our App/ Website on
the selected Participating Retailer page to entitle for the delivery services. The
delivery charges for each timeframe may vary depending on slot demand.
Furthermore, the delivery charges may increase depending on the distance from the
chosen Premises of the Participating Retailer to your Delivery Address.
Pick Up Area
6.5 Pick up periods quoted at the time of ordering are approximate only and setup by
the merchants. Goods shall be collected at the address provided by the merchant in
the ‘Shop Detail Address’ section before completion of your payment in the checkout
cart.
Pick Up Time
6.6 The pick up periods selectable are based on merchants’ arrangement and your
selection on it. The pick up time is a limited slots available in each merchants. We
shall not guarantee that you will be able to choose the pick up period you desire.
Such inaccessibility of pick up periods will be indicated by the Website or the App.
The pick up period shall be agreed upon your placement of Order. The pick up time
is based on the Opening Hours of the Premises by the Participating Retailers.
Risk of Goods
6.7 All risk in the Goods shall pass to you upon acceptance of pick up and delivery of
the Goods.
Failed Pick Up
6.8 If you fail to pick up the Goods at the retailers’ destination, you are supposed to
make a quick call to the retailers to inform the lateness or failure of picking up the
Goods. You may reschedule a reasonable timeframe with the retailers and the
agreement is upon you and the retailers. No refund will be done if you failed to pick
up the Goods.
6.9 If you are unable to pick up at the selected pick up period at the selected retailer,
due to your failure to provide sufficient and/or appropriate instructions, we always
reserve the right to cancel your Order and/or have your items sent back to the store.
6.10 At the time of Pick Up of Goods, you must ensure adequate arrangements,
including access where necessary, are in place for the safe pick up of such Goods.
Failed Delivery
6.11 Our riders will only wait for ten (15) minutes once they arrive at your selected
delivery address. If you are unable to collect your Goods and/or refuse/delay/fail to
respond to our communications regarding Goods collection within this time-frame,
the Order will be classified as a ‘failed delivery’ and the rider will return to the
Premises with all the items. Service fee and delivery charges are still applicable and
chargeable.
6.12 (i) If you fail to accept delivery of the Goods delivered to you, during the time of
delivery; or (ii) if we are unable to deliver at the selected delivery period due to your
failure to provide sufficient and/or appropriate instructions, then such Goods shall be
deemed delivered to you and all risk and responsibility in relation to such Goods
shall pass to you. Any storage, insurance and any other cost or expense that we
incur as a result of the inability to deliver shall be your responsibility and you shall
indemnify us in full for such cost.
In such cases, we always reserve the right to cancel your Order and/or have your
items sent back to the store.
6.13 At the time of Delivery of Goods, you must ensure adequate arrangements,
including access where necessary, are in place for the safe delivery of such Goods.
6.14 We or our rider shall not be held liable for any loss, damage, cost or expense
incurred to such Goods or premises:
(i) your failure to provide adequate access or arrangements for delivery;
(ii) at your request to complete the delivery procedure due to your absence whereby
leaving the Goods at your doorsteps, lobby, guardhouse or designated recipient;
(iii) your request to deliver the Goods to the Delivery Address.
6.15 Your Goods will be delivered to the delivery address you provided in the
checkout cart of our Website or App. We always reserve the rights to deliver your
Order only to the main entrance of your delivery address (such as the lobby of your
apartment or condominium).
6.16 With your express consent, you may request our rider to deliver your Goods to
the particular floor of your delivery address or into your kitchen or living space at
your own risk.
Recipient
6.17 Upon pick up & delivery of the Goods, if our retailer and rider has doubt over
the age of the recipient of the Goods, he is entitled to request the recipient to
produce identity card to prove his age. If the recipient is found to be below eighteen
(18) years old or twenty one (21) years old (for age-restricted item) or failed to
produce identity card, our retailer and rider shall not hand over the Goods to the
recipient and to return the Goods to MAD Store.
7. Cancellation
7.1 Cancellation of an order shall be done within the timeout of 5 minutes upon
payment is made. We treat all cancellation after the timeout of 5 minutes are invalid
and our decision is final.
7.2 We may cancel your Order if your product(s) is not available for any reason. You
are entitled for refund at the price which you have paid during checkout cart via
online payment, subject to the period of time your bank required to arrange such
refund.
7.3 Once our retailer / shopper has started picking the items of your Order, for
technical reasons, you cannot cancel the Order.
8. Return And Refund policy
Inspection of Goods Upon Pick Up and Delivery
8.1 You are advised to check, inspect and examine your items upon pick up and
delivery. Our retailer and rider will assist you in this process. You are entitled to
reject items that you deem unacceptable by giving reason to our retailer and rider.
MAD Store reserve the rights to approve or disapprove your request and our
decision is final.
8.2 We allow you to reject the following category of Goods within the specific time:
a) Perishable Goods and Semi Perishable Goods (example fish, vegetables, dairy
products, fruits, bread, onion, potato, pies, cake etc.) – at the time of pick up;
b) Non Perishable Goods (example canned products, dry goods, toilet paper,
detergent, household products etc) – at the time of pick up.
8.3 If you are dissatisfied with the items delivered or picked up or are unable to
receive the items you ordered, we will not proceed with a redelivery of your desired
items or aid you in exchanging your items free of charge.
Rejection of Goods After Delivery
8.4 In the unlikely event that after completion of delivery, you find products that are
deemed unacceptable by you, you have the right to submit an item rejection
complaint, providing reasons why the product(s) are not acceptable to our customer
service within three (3) days from the date of Delivery. Any request for refund made
after three (3) days shall be invalid and shall not be processed by MAD Store. If your
refund request is approved, we shall notify you on the date and time that our rider
will collect the rejected items from you without any charges. The refund will only be
processed after the rejected items have successfully been collected by MAD Store.
8.5 We reserve the rights to request from you proof of damaged, substandard or
missing Goods (photograph). All proof must also be provided to us within ONE (1)
day from the date of Delivery for refunds to be considered. Refunds will be made at
our sole discretion and will only be processed upon our review and successful
verification of proof and/or collection of the item(s) from you by our rider. We will
provide status update on the refund to you via email as soon as practical.
Refund of money paid on the Unaccepted Item
8.6 We shall review your claim at our sole discretion. After being approved by our
management, such refund shall be made in accordance to the following payment
method upon placement and/or completion of your Order:
(i) Payment via credit card or debit card
We will notify you via email on the approval of refund and you are advised to check
with your issuer bank on the status of refund (each issuer bank will have different
time period to reflect the refund sum in the bank account/ statement).
8.7 If for any other reason you are not satisfied with the service we provide, you can
rate the service through the Website or App.
8.8 All refunds for orders will be processed via online banking method.
9. Personal Data
9.1 Where we have requested information (such as your name, telephone number,
address, email address and other information as required) from you for registration
of account, payment of your Order and to ensure Pick Up & Delivery of Goods and
Services, you agree to provide accurate and complete information.
9.2 You authorize us to collect, use, store or otherwise process your personal
information for the purpose stated in Clause 9.1, verifying your credit or debit card,
investigate complaints and suspected suspicious transaction, and improve service
usage and for marketing and credit control purposes (the “Purpose”). The Purpose
may include the disclosure of your personal information to receive offers and
promotions from us or selected third parties or our affiliates from time to time where
we believe that the services offered by us or such third parties may be of interest to
you or where this is required by law or in order to provide the Delivery of Goods or
Service to you. More information can be found in our Privacy Policy.
10. Linked Sites
There may be a number of links on our Website to third party Websites which we
believe may be of interest to you. We do not represent the quality of the Goods or
Services provided by such third parties nor do we have any control over the content
or availability of such sites. We shall not be liable for any responsibility for the
content of third party Websites or the Services or Goods that they may provide to
you.
11. Complaints
We take our customers’ complaints very seriously and aim at responding to your
complaints as soon as possible. All complaints should be addressed to
support@madstore.biz.
12. Limitation of Liability
Website or App
12.1 We endeavour to ensure that the information on this Website or App is correct
and error-free at all times. Despite our best efforts, we do not warrant that the
Website or App will always be error-free and that the use of Website or App will be fit
for purpose, timely and that defects will be corrected, and that the site or the server
that makes it available are free of viruses or bugs or represents the full functionality,
accuracy, reliability of the Website or App and we do not make any warranty
whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
12.2 We do not accept any liability for any delays, failures, errors or omissions or
loss of transmitted information, viruses or other contamination or destructive
properties transmitted to you or your computer system via our Website or App.
12.3 We have taken all reasonable steps to prevent Internet fraud and ensure any
data collected from you is stored as securely and safely as possible. However, we
cannot be held liable in the extremely unlikely event of a breach in our secure
computer servers or those of third parties.
Goods
12.4 By accepting these Terms and Conditions, you agree to relieve us from any
liability whatsoever arising from your use of information from any third party, or your
use of any third party website, or your consumption of any Goods from Participating
Retailers.
12.5 We disclaim any and all liability to you for the supply of the Delivery, Goods and
Services to the fullest extent permissible under applicable law. This does not affect
your statutory rights as a consumer. If we are found liable for any loss or damage to
you such liability is limited to the amount you have paid for the relevant Goods or
Services.
12.6 The products sold by the Participating Retailers are meant for private domestic
and consumer use only. We shall not be liable for any indirect and consequential
loss, damage or expense, including any direct or indirect loss such as loss of profits
or income to you or third party, damage to the property, howsoever arising out of the
use of the Website or App or any Goods and Services purchased from us. This
limitation of liability does not apply to personal injury or death arising as a direct
result of our negligence.
Force Majeure
12.7 We shall not be held liable for any failure or delay in performing Services or
delivering Goods where such failure arises as a result of any act or omission, which
is beyond our control such as all overwhelming and unpreventable events caused
directly and exclusively by forces of nature that can be neither anticipated, nor
controlled, nor prevented by the exercise of prudence, diligence, and care, including
but not limited to: war, riot, fire, thunderstorm, lightning flood, earthquake, typhoon,
strike, or other natural disaster, impossibility of the use of railways, motor transport
or public or private transport, impossibility of the use of public or private
telecommunications network, civil commotion; compliance with any law or
governmental order, rule, regulation or direction and acts of third parties (collectively
“Event of Force Majeure”).
12.8 If we have contracted to provide identical or similar orders to more than one
Customer and are prevented from fully meeting our obligations to you by reason of
an Event of Force Majeure, we may decide at our absolute discretion which orders
we will fill and to what extent.
No Warranties
12.9 MAD Store excludes all implied warranties, terms and conditions to the extent
that is legally permitted. We shall not be liable for any loss of money, goodwill,
reputation, indirect or consequential loss arising out of your use of our Website or
App and our Services.
12.10 All Goods description, services and material posted on the Website or App or
from a linked site is provided to you “as is” without warranty or conditions of any kind,
express or implied or otherwise howsoever arising. MAD Store assumes no
responsibility for any error, inaccuracies or omissions whatsoever in the information
on the Website/ App and under no circumstances will the Company be liable for any
loss or damage by your reliance on the information obtained through the
Website/App. It shall be your own responsibility to evaluate the accuracy,
completeness and usefulness of any information and the use of the Website or App
is solely at your own risk.
12.11 Goods image as seen on the Website or App may slightly differ from the actual
Goods that you receive. MAD Store shall not be liable to you for any loss, damage,
injury or expense, howsoever arising, out of or in connection with the use of the
Products.
Indemnity
12.12 You shall indemnify MAD Store, its directors, officers, employees, agents and
affiliates, Participating Retailers, from any and all third party claims, liability,
damages and/or cost (including but not limited to legal fees) arising from your use of
this Website or breach of this Terms and Conditions and/or Agreement.
13. General
Currency
13.1 All prices are in Malaysian Ringgit (MYR); Applicable taxes are included where
indicated.
Assignment
13.2 We may subcontract any part or parts of the Services or Goods 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.
Alteration of Terms
13.3 We may alter or vary the Terms and Conditions at any time without notice to
you.
Restriction to User
13.4 You are not allowed to use or launch any automated system or program in
connection with our Website or App or its online ordering functionality.
13.5 You may not collect or harvest any personally identifiable information from the
Website or App, use communication systems provided by the Website or App for any
commercial solicitation purposes, solicit for any reason whatsoever any users of the
Website or App with respect to their submissions to the Website or App, or publish or
distribute any vouchers or codes in connection with the website, or scrape or hack
the Website or App.
Entire Agreement
13.6 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 App, these Terms and Conditions shall prevail.
Severability
13.7 If any term or condition of our Agreement shall be deemed invalid, illegal or
unenforceable, the parties hereby agree that such term or condition shall be deemed
to be deleted and the remainder of the Agreement shall continue in force without
such term or condition.
Governing Law
13.8 These Terms and Conditions and our Agreement 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.
Waiver
13.9 No delay or failure on our part to enforce our rights or remedies under the
Agreement shall constitute a waiver on our part of such rights or remedies unless
such waiver is confirmed in writing.
Language
13.10 All dealings, correspondence and contacts between us shall be made or
conducted in the English language. If the event a conflict between the English
version and Malay version of the contents appear on the Website or App, the English
version shall prevail.
Unreasonable Behaviour
13.11 We strive to ensure that all our employees, partners, business affiliates,
Independent Contractor and/or Participating Retailers (“Team”) are treated with
dignity and respect. If we have reasonable belief that you are involved in behaviours
or actions towards our Team that we deem unacceptable (including but not limited to
rude, abusive or aggressive manners of communication and threats to their physical
state, property or reputation), we reserve the right to immediately cancel all of your
current and future orders, terminate all communication with you and prohibit you
from our services.
13.12 If we receive from you continuous and/or multiple requests that we deem
unreasonable (i.e. requests for extension of promotion periods or demands for
refunds without provision of proof), we reserve the right to terminate your MAD Store
account and deny you access to our services.
MAD Store Terms
By using the domain www.madstore.biz (“Site”) and all sub domains of the Site
including but not limited to mobile application (“App”) under a registered MAD Store
email/ account, you are deemed to have accepted the Terms and Conditions of this
Agreement.
We, MAD BIZ SOLUTIONS SDN BHD (1153885-V) are a private limited company
incorporated and existing under the laws of Malaysia, with its business address at N-
6-05, Gamuda Biz Suites, 12, Jalan Anggerik Vanilla, 31/99, Kota Kemuning, Shah
Alam, Selangor, Malaysia (“the Company”), the owner and operator of
www.madstore.biz (“MAD Store”).
shall reserve the right to modify the Terms and Conditions at any times without prior
notice.
1. Key Terms
1.1. Definitions
“App” refers to the installable mobile application of MAD Store;
“Pick Up” refers to self-collecting of goods and any form of items, meals which are
provided by the retailers.
“Delivery” refers to goods and any form of delivery service, which are provided by the
Retailers;
“MAD Store Customer” refers to customer whom has the authority from the company
to register an account with MAD Store to purchase items for commercial usage
and/or to engage services offered on the Site or App;
“Participating Retailer” refers to a third party, which is cooperating with MAD Store to
supply the goods and services;
“Service Fee” refers to the delivery charges and shopper fees that you will be
charged upon placing an Order with MAD Store;
“Total Bill” refers to the total price for Delivery, Goods or Services ordered, including
any other charges or taxes including but not limited to Sale and Services Tax
(“SST”), government duties and other levies imposed at any time by the government
that shall be charged to you upon completion of your Delivery.
1.2. Services
MAD Store shall provide the following services (“Services”) to the MAD Store
Customer in accordance with the terms and conditions of this Agreement: To provide
groceries, meals and known as Goods in general terms ordered through the Site or
App at the date and time slot selected by the MAD Store Customer.
1.3. MAD Store Absolute Rights
MAD Store reserves the right as it deemed necessary:
To request the MAD Store Customer to sign an agreement prior to purchasing from
the Site or App;
To limit the quantity of product to be purchased;
To determine discounts at its absolute discretion;
to cancel and/ or modify the order if the quantity limit is exceeded;
To terminate your access to our Services;
To suspend your MAD Store account and/or payment accounts indefinitely; and
To cease all further communication with you.
1.4. Price
As consideration for the provision of the Services by MAD Store, the Price for the
provision of the Services shall comprise of:
The service fee which may be subjected to changes from time to time by MAD Store
without prior notice;
The price of all groceries selected, received and accepted by the MAD Store
Customer, as displayed on MAD Store Website or App at checkout cart for every
order to be placed by them;
Your Total Bill may be varied from the guide price initially displayed on the Website
or App when you placed your Order. This difference of price can be due to one or
more of the following reasons:
i. Changing in-store prices – Unless otherwise stated, the prices at the Participating
Retailer’s Premise may vary on a daily basis and the price of the item you will be
paying will be the price as stated on the Website/ App on the day you ordered. This
price is stated in your Order confirmation email.
ii. Technical errors – Should pricing discrepancies due to technical errors occur, we
reserve the right to amend your Order and/or your Total Bill. We will endeavour to
communicate with you regarding such price changes before the completion of your
Order.
2. General Terms
2.1. Intellectual Property
The MAD Store Customer hereby agrees and consents MAD Store to use the
publicly available information on its company website or any marketing collaterals
approved by them. The MAD Store Customer also agrees and consents to the use of
such information for MAD Store promotional purposes including but not limited to the
release of such public information to third party service providers and services
associated with MAD Store.
2.2. Registered Emails
All emails registered under our MAD Store account shall be deemed to have full
authority from MAD Store Customer to place orders from us. MAD Store Customer
shall be responsible to make payment for all orders placed via the account registered
with us. Any changes of the emails shall be updated immediately by written notice to
MAD Store.
2.3. Warranty
a. MAD Store represents and warrants that:
i. It will perform the Services with reasonable care and skill in accordance with
industry practicing in the same locality under the same or similar circumstances; and
ii. All Goods description, services and material posted on the Website or App or from
a linked site is provided “as is” without warranty or conditions of any kind, express or
implied or otherwise howsoever arising. MAD Store assumes no responsibility for
any error, inaccuracies or omissions whatsoever in the information on the Website/
App and under no circumstances will the Company be liable for any loss or damage
by your reliance on the information obtained through the Website/App. It shall be
your own responsibility to evaluate the accuracy, completeness and usefulness of
any information and the use of the Site or App is solely at your own risk. Goods
image as seen on the Website or App may slightly differ from the actual Goods that
you receive. MAD Store shall not be liable to you for any loss, damage, injury or
expense, howsoever arising, out of or in connection with the use of the Products.
b. The Corporate Customer represents and warrants that:
i. the username and/or email registered with MAD Store has the full authority from its
company to place order and to perform the terms and conditions of this Agreement;
and
ii. the Corporate Customer and/or its company will pay the invoice promptly to MAD
Store for the services provided.
2.4. Limitation of liability
Subject to the MAD Store Customer’s obligation to pay the Price to MAD Store,
either party’s liability in contract, tort or otherwise (including negligence) arising
directly out of or in connection with this Agreement or the limited in aggregate to the
Price.
To the extent it is lawful to exclude the following heads of loss and subject to the
MAD Store Customer’s obligation to pay the Price, in no event shall either party be
liable for any loss of profits, goodwill, loss of business, loss of data or any other
indirect or consequential loss or damage whatsoever.
Nothing in this clause 2.4 will serve to limit or exclude either Party’s liability for death
or personal injury arising from its own negligence.
The MAD Store Customer shall indemnify and hold MAD Store and its directors,
officers, employees, agents and affiliates, from and against any and allliabilities,
damages and claims, lawsuits and expenses (including all solicitors’ fees and
expenses) arising out of your breach of this Terms and Conditions and/or
Agreement.
MAD Store will not be held liable for any losses arising out of unavailable items,
failure of pick up, late deliveries and/or failed deliveries.
2.5. Relationship of the Parties
The Parties acknowledge and agree that the Services performed by MAD Store, its
employees, agents or sub-contractor shall be as an independent contractor and that
nothing in the Agreement shall be deemed to constitute a partnership, joint venture,
agency relationship or otherwise between the parties.
2.6. Confidentiality
Neither Party will use, copy, adapt, alter or part with possession of any information of
the other which is disclosed or otherwise comes into its possession under or in
relation to this Agreement and which is of a confidential nature. This obligation will
not apply to information which the recipient can prove was in its possession at the
date it was received or obtained or which the recipient obtains from some other
person with good legal title to it or which is in or comes into the public domain
otherwise than through the default or negligence of the recipient or which is
independently developed by or for the recipient.
2.7. Personal Data
Where we have requested information (such as your name, telephone number,
address, email address and other information as required) from you for registration
of MAD Store account, payment of your Order and to ensure Delivery of Goods and
Services, you agree to provide accurate and complete information (“Purpose”).
You have irrevocably authorized and given your consent for us to collect, use, store
or process your personal information, verifying your credit or debit card, investigate
complaints and suspected suspicious transaction, and improve service usage and for
marketing and credit control purposes (the “Purpose”). The Purpose may include the
disclosure of your personal information to receive offers and promotions from us or
selected third parties or our affiliates from time to time where we believe that the
services offered by us or such third parties may be of interest to you or where this is
required by law or in order to provide the Delivery of Goods or Service to you.
2.8. Notices
Any notice which may be given by a Party under this Agreement shall be deemed to
have been duly delivered if delivered by hand, ordinary post, facsimile transmission
or electronic mail to the address of the other Party as specified in this Agreement or
any other address notified in writing to the other Party. Subject to any applicable
local law provisions to the contrary, any such communication shall be deemed to
have been made to the other Party, if delivered by:
Ordinary post, five (5) days from the date of posting;
Hand or by facsimile transmission, on the date such delivery or transmission; and
Electronic mail, when the Party sending such communication receives confirmation if
such delivery by electronic mail.
2.9. Miscellaneous
a. The failure of either party to enforce its rights under this Agreement at any time for
any period shall not be construed as a waiver of such rights.
b. If any part, term or provision of this Agreement is held to be illegal or
unenforceable neither the validity nor enforceability of the remainder of this
Agreement shall be affected.
c. Neither Party shall assign or transfer all or any part of its MAD Store account to be
used by another person and/or business without prior consent from MAD Store.
d. This Agreement constitutes the entire understanding between the Parties relating
to the subject matter hereof unless any representation or warranty made about this
Agreement was made fraudulently and, save as may be expressly referred to or
referenced herein, supersedes all prior representations, writings, negotiations or
understandings with respect hereto.
e. This Agreement (and any dispute, controversy, proceedings or claim of whatever
nature arising out of or in any way relating to them or their formation) shall be
governed by and interpreted in accordance with Malaysian Law. The Parties
irrevocably agree that the courts of Malaysia shall have exclusive jurisdiction hereto.
f. For avoidance of doubt, in any event any terms not explicitly stated in this MAD
Store Terms, MAD Store Customer is bound by MAD Store’s standard Terms and
Conditions listed on the Site.
g. MAD Store or the Company shall reserve all its rights to amend or vary the terms
contained herein at any time it deemed necessary without prior notice to MAD Store
Customer. MAD Store Customer is responsible to the updated terms herein and you
are deemed to accept all the terms stated herein by using the Site. The amended
terms and conditions shall become effective immediately upon posting of the same
on our website at https:// www.madstore.biz. Once the amended terms and
conditions have been posted on our website, the Corporate Customer will be
deemed to have notice of the same and have accepted the amended terms and
conditions. All interpretations of these MAD Store terms and conditions by MAD
Store Malaysia/ MAD Biz Soltutions (Malaysia) Sdn Bhd shall be final and binding on
the MAD Store Customer.