PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND/OR USING OUR SERVICES VIA OUR WEBSITE.

FOOD MARKET HUB MARKETPLACE TERMS & CONDITIONS

These Terms were last modified on 13 January 2021.

Definitions

Confidential Information means any information proprietary to a party to these Terms or an Affiliate thereof, that is disclosed to the other party or an Affiliate thereof, whether marked as confidential or not, that should be considered confidential information under the circumstances. It does not include information that the recipient already knew, that becomes public through no fault of the recipient, that was independently developed by the recipient, or that was lawfully obtained and provided to the recipient by a third party.

Customer means a person or business buying the Products on our Website.

Customer Terms means the additional terms and conditions that apply to Customers as set out below and as amended from time to time without further notice.

Order means an Order made by a Customer through our Website.

Privacy Policy means our privacy policy located at https://foodmarkethub.com/cloud/privacy.

Product or Products means any products available from a Supplier on our Website.

Services means the Services we provide to Customers and Suppliers, being a platform for Customers to browse and peruse Products displayed by Suppliers on our Website and to communicate and conclude Orders for Products to Suppliers.

Supplier means a person or business selling the Products and Suppliers.

Supplier Content means product information, text, images, and any other relevant and/or legally required information relating to the Products, including third party and your trademarks and other intellectual property rights-related materials.

You means a Customer or Supplier as the context requires.

Supplier Terms means the additional terms and conditions that apply to Supplier as set out below as amended from time to time without further notice.

What's in these Terms

These are the legally binding terms and conditions (Terms) for using our Services on our marketplace website ( https://foodmarkethub.com/marketplace) (Website).

Who we are and how to contact us

https://foodmarkethub.com/marketplace is a Website operated by FMH Group Sdn. Bhd. ("We"). We are registered in Malaysia under company number 1243578-X and have our main trading address at100-2.011/013, 129 Offices (Block J2), Jaya One, Jalan Universiti, Seksyen 13, 46200 Petaling Jaya, Selangor, Malaysia.

To contact us, please email sales@foodmarkethub.com or telephone our customer service line at +60189763373.

By accessing or using our Website, you accept these Terms

By accessing or using our Website and/or Services in any manner, including, but not limited to, visiting or browsing our Website or contributing content or other materials to our Website, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not access or use our Website and/or Services.

We recommend that you print a copy of these Terms for future reference.

There are other Terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of our Website and/or our Services:

  • Our Privacy Policy (https://foodmarkethub.com/cloud/privacy);
  • If you a customer, the Customer Terms (explained below); and
  • If you are a Supplier, the Supplier Terms (explained below)
all of which are incorporated into these Terms.

Privacy Policy

Please refer to our Privacy Policy located on our Website for information relating to our collection, storage and use of the details you provide on registration. By accessing or using our Website and/or Services, you consent to us using your details for the purposes set out in our Privacy Policy.

We may make changes to these Terms

We reserve the right, at our sole discretion to amend these Terms from time to time. Every time you wish to use our Website and/or Services, please check these Terms to ensure you understand the Terms that apply at that time. Your continued access or use of our Website and/or Services following any such amendments constitutes your acceptance of such changes.

We may make changes to our Website and/or Services

We may update and change our Website and/or Services from time to timeto reflect changes to Suppliers’Products, our users' needs and our business priorities without any prior notice or liability to you. We do not guarantee that any of our existing or updated service offerings on our Website are customised or tailored to your specific personal or business needs.

We may suspend or withdraw our Website and/or Services

Our Website is made available free of charge.

While we try to ensure our Website is normally available 24 hours a day, we do not guarantee that our Websiteand/or Servicesor any content on it, will always be available or be uninterrupted and we will not be liable to you if our Website is unavailable at any time or for any period. We may suspend or withdraw or restrict the availability of all or any part of our Website and/or Servicesfor business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website and/or Servicesthrough your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may not transfer any of your rights or obligations under these Terms without our permission.

You may not transfer any of your rights or obligations under these Terms without our permission.

Our Website and/or Services are directed to people residing in specific regions in Malaysia. We do not represent that content available on or through our Website and/or Servicesis appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a username, password and/or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any username and/or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your username and/or password, you must promptly notify us at security@foodmarkethub.com or +6018-3692661.

How you may use material on our Website and/or Services

We are the owner or the licensee of all intellectual property rights in our Website and/or Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Anything that we create, modify, provide, supply or license to you in providing our Services are exclusively owned by or licensed to us and licensed or sub-licensed to you under these Terms.

Subject to these Terms, you must not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing our Website in your browser), store, modify, distribute, print, upload, display, publish or create derivative works from any part of our Website or commercialise any information obtained from any part of our Website without prior written consent from us or, in the case of any third party material, from the owner of the intellectual property rights in that material.

You must not do anything which jeopardises or interferes with our ownership of our intellectual property rights.

You are not allowed to use our Website or any of its materials for marketing purposes unless with our prior written consent to do so.

You may print off one copy, and may download extracts, of any page(s) from our Website and/or Servicesfor your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website and/or Servicesmust always be acknowledged.

You must not use any part of the content on our Website and/or Servicesfor commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website and/or Servicesin breach of these Terms, your right to use our Website and/or Serviceswill cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our Websiteis provided for the specific purpose of providing our Services only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website and/or Services.

Although we make reasonable efforts to update the information on our Website and/or Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website and/or Servicesis accurate, complete or up to date.

We are not responsible for websites we link to

Where our Website and/or Services contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

Our Website and/or Servicesmay include information and materials uploaded by other users of our Website and/or Services, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website and/or Servicesdo not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on support@foodmarkethub.com or +6018-3692661.

Termination

We may terminate your access to our Website and/or Services at any time, without cause or notice, which may result in the deletion and destruction of all information associated with you. All provisions of these Terms that by their nature should survive termination, including, without limitation, ownership provisions, warranties, disclaimers, indemnities and limitations of liability, will continue to survive.

Our responsibility for loss or damage suffered by you

To the maximum extent permitted by law, we shall not be liable to you for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss arising out of or in any way connected with the use of our Website and/or Services.

You agree to indemnify and hold us, our applicable affiliates, officers, directors, agents and employees harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature incurred by us as a result of:

  • Any claim that any information that you provided or uploaded on our Website or made available on our Website, its use, storage, reproduction or communication, infringes another person’s rights;
  • Any personal injury or death caused by your negligent acts and/or omissions;
  • Any information or Products purchased or sold (including but not limited to its consumption and/or use) on our Website;
  • Any information or Products purchased or sold (including but not limited to its consumption and/or use) on our Website;
  • Any breach of applicable laws or policies by you; and
  • Any breach by you of your obligations under these Terms or as a result of any access or use of our Website.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.

We exclude all implied conditions, warranties, representations or other terms that may apply to our Website and/or Servicesor any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Website and/or Services; or
  • use of or reliance on any content displayed on our Website and/or Services.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Anti-Money Laundering (AML) and Counter Financing of Terrorism (CFT) laws

To meet our regulatory and compliance obligations under Malaysian AML & CFT laws, we may need to:

  • delay, block or refuse transactions where we have reasonable grounds to believe that these transactions breach Malaysian law or the law of any other country; or
  • from time to time, require additional information from you to assist us in meeting our obligations as required by Malaysian AML & CTW laws.

You acknowledge that, the information collected by us may be used for identification purposes, and may be disclosed to a third party verification service, in accordance with our Privacy Policy, to enable us to comply with all our customer identification obligations under Malaysian AML & CTF laws.

We may disclosed the information gathered by us to regulatory and/or law enforcement agencies in accordance with Malaysian AML & CTW laws and our Privacy Policy.

You agree that you must not initiate, engage in or effect a transaction that may be in breach of Malaysian law or the law of another country, including but not limited to Malaysian AML & CTF laws.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy (https://foodmarkethub.com/cloud/privacy).

Uploading content to our Website

Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy (https://foodmarkethub.com/cloud/acceptable-use-policy).

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Unless expressly provided otherwise, any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website a limited licence to use, store and copy that non-confidential and non-proprietary content and to distribute and make it available to third parties where applicable.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy (https://foodmarkethub.com/cloud/acceptable-use-policy).

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Rights you are giving us to use material you upload

When you upload or post content to our Website, you grant us the following rights to use that content:

  • a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by our Website and across different media including to promote our Website and provide Services; and
  • a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of our Website and/or Services.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Website and/or Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and Website to access our Website and/or Services. You should use your own virus protection software.

You must not misuse our Website and/or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website and/or Services, the server on which our Website and/or Servicesis stored or any server, computer or database connected to our Website and/or Services. You must not attack our Website and/or Servicesvia a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under applicable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or Serviceswill cease immediately.

Rules about linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website and/or Services in any website that is not owned by you.

Our Website and/or Services must not be framed on any other website, nor may you create a link to any part of our Website and/or Services other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (https://foodmarkethub.com/cloud/acceptable-use-policy).

If you wish to link to or make any use of content on our Website and/or Servicesother than that set out above, please contact support@foodmarkethub.com or +6018-3692661.

Miscellaneous

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms, which such remaining terms will continue to be valid to the fullest extent permitted by law.

These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.

These Terms are only in the English language. Any translation via any website tools will not be accepted as constituting binding terms for our Website.

Which country's laws apply to any disputes?

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Malaysian law. We both agree to the exclusive jurisdiction of the courts of Malaysia.

Our trade marks are registered

is a Malaysian, Singaporean, Hong Kong and Thailand (pending) registered trade mark of FMH Holding Pte Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under these Terms and other applicable terms and/or policies.



Customer Terms

These additional Customer Terms will apply where you are ordering Products from Suppliers through our Website. By ordering these Products or continuing to use our Website, you agree to be bound by these Customer Terms. These Customer Terms should be read in conjunction with our Terms above.

Registration of account for access

Most of our Website is accessible without registering for a customer account. However, you are unable to create an Order without signing up for a user account on our Website.

You may only submit an Order for Products by registering a user account with us. When registering an account, we may require you to provide your:

  • personal details i.e. name, email address, mobile number, delivery address; or
  • if you are a business user, your company name and registration number

You must provide these details truthfully and ensure that your details are updated as necessary to ensure that we have accurate and current information. When registering an account, you agree to be bound by our Terms, including these Customer Terms. Upon registration, you will be issued with a username and a password and it is your responsibility to ensure that the username and password are kept safely. Any use of your username and password, even if done without your knowledge or authority, remains your responsibility. Registration and continuing access through your supplier account is a privilege granted by us to you and can be refused, revoked or suspended at any time at our absolute discretion.

Creating and processing an Order

Once you have selected the Products you wish to Order, you may be invited to submit your Order by clicking or selecting the “proceed”, “place my Order”, “checkout” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button. Once you click the button, we will process your Order and errors cannot be corrected.

If a Supplier has a Minimum OrderAmount (MOA) in place, you may not place an Order with that Supplier until the value of your Order exceeds that amount. The MOA must be met after applying any discounts or specials that reduce the total Order amount.

After an Order is submitted, you will be required to make payment for your Order. You are required to make prompt payment before the Order can be processed.

After your Order is submitted, it may not be amended or cancelled. You should contact us promptly if you wish to amend or cancel your Order and we will reasonably attempt to assist you with your amendment or cancellation HOWEVER we make no guarantee that your request to amend or cancel your Order will be accepted by the relevant Supplier. If it is accepted, then administration fees or cancellation fees may be applied and you must pay for these fees before an amendment or cancellation can be accepted.

On receipt of your Order, we will begin processing it by sending it to the relevant Supplier and will notify you by email that your Order has been received and is being processed. Any confirmation page that you may see on our Website or any Order confirmation email that you may receive only confirms that your Order has been received and is being processed by the Supplier. This does not necessarily mean that your Order has been accepted by the Supplier. A Supplier has the discretion to reject Orders at any time due to availability, logistical or operational reasons, weather conditions or for any other reason. We encourage all Suppliers on our marketplace to accept all Orders and to communicate any rejection promptly, and we will notify you by email as soon as reasonably practicable if a Supplier rejects your Order.

Fulfilment of Orders and deliveries are made by the Supplier usually within 24 hours of the Order being placed and an order confirmation being received, unless otherwise requested by the Customer during the checkout process or as otherwise notified by us or the Supplier. We will not be held liable for any delays in delivery or unfulfilled Orders by the Supplierbut we may reasonably attempt to facilitate the resolution of such delays or unfulfillment between you and the Supplier.

Prices

All prices shown on our Website are in Ringgit Malaysia.

Unless otherwise stated, all prices of the Products are inclusive of any goods and services tax (where applicable).

While we do our best to regularly monitor and ensure Suppliers display prices that are accurate and up to date on our Website, we make no guarantee to it and therefore we reserve the right to procure Suppliers to correct the prices subsequent to your Order. You have the right to cancel your Order if the prices displayed on our Website are incorrect.

If you make a payment via credit card, you agree that your payment will be processed via Stripe (a certified platform). We do not receive details of your credit card directly and cannot be held liable for any issues arising from the processing of your card.

Any promotions listed on our Website are subject to change without further notice and we make no guarantee that the promotion will be available for your Order. The Supplier has the right to refuse a promotion at their discretion. Materials on our Website may change from time to time without further notice.

Returns and Refunds

Please refer to our Return and Refund Policy here: https://foodmarkethub.com/marketplace/my/en/return-and-refund-policy

Disclaimer

Any Order for the supply and purchase of Products is a contract entered into strictly between you and the relevant Supplier and we do not verify, endorse, recommend or guarantee any Supplier or any information they provide on our Website.

We provide a platform for communication and access between you and the Supplier only and have no control over, or liability with respect to, the actions or omissions of any Supplier. We make no representation, warranty, condition or undertaking, either express or implied as to:

  • the accuracy of the information and data supplied by Suppliers on our Website;
  • the quality or suitability of the Products for any particular purpose;
  • the availability of the Products; and
  • estimated times for deliveries and delivery costs charged by the Supplier.

We do not provide any warranty in relation to any Products advertised on our Website by the Supplier or other third parties, including but not limited to any representation or warranty that the Products are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the Supplier or other third party.

You acknowledge, understand and accept that all descriptions of the Products are based on descriptions provided by Suppliers and we make no representation and accept no liability for Products which fail to correspond with any descriptions of Products provided by Suppliers.