TERMS & CONDITIONS

These Terms of Use & Services (“Terms”) govern your use of the websites and mobile applications provided by MART TO FIVE (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms. If you do not agree or fall within the Terms, please do not use the Platforms.

The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.

Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.


MART TO FIVE reserve the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.

Ownership
This website (“
MART TO FIVE Website”) is owned and operated by Threelicious Enterprise.

Who we are, Rewards, Brands & More
Guidance for brands and names used in this document included but not limited to the following:
MART TO FIVE refer to the online shopping. Mobile shopping, or other retails platforms operated by MART TO FIVE.
• It may also refer to the brand, it’s trademarks, it’s intellectual property, it’s operations, it’s assets, or other related items that may reasonably be attributed to the brand and its business operations.
 and associated services.
• T
HRELICIOUS ENTERPRISE refers to the controlled, secured and brand managed stores from which MART TO FIVE is able to deliver and provide the one-stop-solution of pre-packed meals grocery experience to you!

Use of Platforms & Accounts
a) You
do not need to register for a MART TO FIVE account for you to use the Platform.

b) BITES SHOP shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.

Limitation of Activity
a) Activities Prohibited on the Platforms The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. MART TO FIVE reserve the right to investigate and take appropriate legal action against anyone who, in MART TO FIVE’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
i) using the Platforms for any purpose in violation of local, state, or federal laws or regulations;
ii) posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
iii) posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person
or entity as determined by MART TO FIVE in its sole discretion or pursuant to local community standards;
iv) posting content that constitutes cyber-bullying, as determined by MART TO FIVE in its sole discretion;
v) posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
vi) posting telephone numbers, street addresses, or last names of any person;
vii) posting URLs to external websites or any form of HTML or programming code;
viii) posting anything that may be “spam,” as determined by MART TO FIVE in its sole discretion;
ix) impersonating another person when posting content;
x) harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
xi) allowing any other person or entity to use your identification for posting or viewing comments;
xii) harassing, threatening, stalking, or abusing any person on the Platforms;
xiii) engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of
MART TO FIVE, exposes MART TO FIVE or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
xiv) encouraging other people to engage in any prohibited activities as described herein
b) MART TO FIVE reserve the right but is not obligated to do any or all of the following:
i) investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to
remove or request the removal of the content;
ii) remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
iii) monitor, edit, or disclose any content on the Platforms; and
iv) edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.

Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of MART TO FIVE and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of MART TO FIVE's trademarks on any other website not approved by us is strictly prohibited. MART TO FIVE will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. MART TO FIVE neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with MART TO FIVE. Use of any materials on the Platforms is at your own risk.

Order, Delivery & Pickup
a) When you place an Order with MART TO FIVE, MART TO FIVE will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include any applicable tax (e.g. goods and services tax, value-added tax, etc.)
b) Special Instructions – MART TO FIVE reasonably endeavour to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, MART TO FIVE reserve the right to proceed to prepare the Order in accordance with standard operating procedures. MART TO FIVE shall not be responsible to replace or refund an Order which does not conform to special instructions provided by you.
c) Allergens – MART TO FIVE is not obligated to provide ingredient information or allergen information on the Platforms. Further, MART TO FIVE does not guarantee that the Goods sold are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact us before placing an Order on our Platforms.
d) Please note that your Order may be subject to additional terms and conditions provided.

 

Placing the Order
To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

Service Areas
We serve Klang Valley area, West coast of Malaysia, Seremban, Melaka, Johor, Ipoh, Penang and Kedah. Please refer our delivery area for update.

Delivery Time
MART TO FIVE shall deliver your Order to the delivery address provided by you. You may choose for your Order to be delivered after purchase. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.

Unsuccessful or Failed Deliveries
a) In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
i) no one was present or available to receive the Order; or
ii) customer was un-contactable despite attempts to reach the customer via the phone number provided; or iii) lack of appropriate or sufficient access to deliver the Order successfully;or
iv) lack of a suitable or secure location to leave the Order; or

No-show Cancellations
If you remain un-contactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, MART TO FIVE reserve the right to cancel the Order without refund or remedy to you.

Wrong Order, Missing Items, Defective Goods
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via email at mart.to.five@gmail.com. In some cases, MART TO FIVE may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you receiving of goods are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

Order Pick-Up
a) Where available, you will have the option of collecting your Order in-person directly from our warehouse at Ara Damansara ("Pick-Up") instead of having the Order delivered to you. Your email confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The warehouse will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The warehouse agrees to hold the Order for you for no more than a reasonable period of sixty (60) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.
b) In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the branch before leaving the premises.
c) In order to pick up your purchases, please show your Order ID and security code sent to you via email/sms/whatapps as proof of purchase.
d) If you wish to designate another person to pick-up your order, they must bring: A forwarded copy of your proof of purchase above, including the full name of the purchased person and telephone number to match the order.

Cancelling an Order
Please contact us immediately via our customer support if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided that we have not yet accepted & confirmed your Order.
a) Refunds
i) Online Payment Order
You have the right to a refund for a cancelled Order only if we have not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order
ii) Cash-on-Delivery Orders
We do not accept any cash on delivery. Kindly make payment before deliver or pickup.
b) MART TO FIVE reserve the right to cancel any Order and/or suspend, in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Order.

Prices and Payments
a) Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept that offers offered.
b) The way we display the prices of our Goods may vary and the prices reflected on our Platforms may:
i) include SST/GST, VAT or such other equivalent tax; or
ii) exclude SST/GST, VAT or such other equivalent tax.

A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.

c) Delivery fees are chargeable on every Order unless:
i) you opt to collect your Order directly from us (“Pick-Up”);
ii) you have a valid promotional or discount voucher and apply it at Checkout; or
iii) unless stated otherwise.
d) Prices indicated on the Platforms are as at the time of each Order and may be subject to change.
e) You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:
i) Our payment partners: Debit Card / E-wallet
ii) Such other payment method we offer from time to time.
iii) We do not accept Cash on Delivery.
f) After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pick-Up.

Payment Methods
a) MART TO FIVE reserve the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future orders. MART TO FIVE does not store your credit card or payment information.
b) You must ensure that you have sufficient funds on your debit card or E wallet to fulfill payment of an Order. Insofar as required, MART TO FIVE takes responsibility for payments made on our Platforms including refunds, charge-backs, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

Vouchers, Discounts & Promotions
a) From time to time, MART TO FIVE may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
b) Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
c) Unless otherwise stated, Vouchers can only be used on our Platforms.
d) Vouchers cannot be exchanged for cash.
e) MART TO FIVE reserves the right to void, discontinue or reject the use of any Voucher 
without prior notice Individual restaurants terms & conditions apply
f) We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you.

Representations, Warranties and Limitation of Liabilities
a) Representations and Warranties
You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While MART TO FIVE makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtime attributable to internet or electronic communications or events of force majeure.
b) Limitation of Liability
To the extent permitted by law, MART TO FIVE(which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The MART TO FIVE entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the MART TO FIVE entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, MART TO FIVE, the MART TO FIVE entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.

Personal Data (Personal Information) Protection
You agree and consent to MART TO FIVE and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms, and shall form a part of these Terms.

Indemnity
You agree to indemnify, defend, hold harmless MART TO FIVE, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.

Third Party Links and Websites
The Platforms may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. MART TO FIVE does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. MART TO FIVE accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.

Termination
MART TO FIVE has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if MART TO FIVE in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. MART TO FIVE may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.

Amendments
MART TO FIVE may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.

Severability
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Governing Law
These Terms shall be governed and construed in accordance with the laws of Malaysia and any other associated countries in the future.

Important notes:
All images shown are for illustration purposes only. The images may be amended or changed accordingly without prior notice.