User Terms & Conditions
DISCLAIMER
This page sets out the terms and conditions, on which we give access to the Meal scouts mobile application through which you make reservations for food items from Merchant Restaurants. Meal scouts is exclusively accessible via mobile phone application "Meal scouts app". Kindly read these Terms and conditions and understand its contents prior to reserving any food items through the Meal scouts mobile app. By requesting items through the Meal scouts mobile app (whether now or in the future), you consent to be bound by these Terms and conditions. Use of the Meal scouts app is governed by these terms and conditions. By accessing any part of the Meal scouts app, you indicate that you acknowledge these Terms and conditions. In the event that you do not acknowledge these Terms and conditions, you should leave the Meal scouts app immediately, and you would not be able to make reservations for any items through the mobile app. Meal scouts reserves all authority to change these Terms and conditions every now and then by amending them on this page. We suggest that you print a duplicate regarding these Terms and conditions for future reference. Meal scouts does not have any control over any merchants or other third parties, and therefore is not liable or responsible for any actions taken or supposed to be taken by any such third party. These Terms are accessible in English and Malay only.
INTRODUCTION & DEFINITIONS
Meal scouts is owned and managed by Feral Food Sdn Bhd, a company incorporated and registered in Malaysia, with our registered address at No. 105, Jalan Ampang, Kuala Ampang, 50450 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur. We provide a platform for you, the user to find and reserve surplus food items from local food stores, restaurants, kiosks, and any other merchants displayed on the Meal scouts app.
“Collection time” Used to specify the prescribed time slot the food item reserved is ready for collection by.
“Confirmed Order/Reservation” This is a reservation that has been requested by the customer and accepted by the buyer.
“Customer App” The mobile application in which customers can identify and reserve surplus food items from Meal scouts Merchants
“Loss or Damage” This is any costs, damages, expenses, personal injuries, losses (including direct or indirect losses, consequential losses, loss of profits, loss of reputations) and any interests, fines or penalties incurred by the customer as a result of the customers dealings with Meal scouts.
“Meal scouts apps” Both mobile phone applications owned and managed by Meal scouts.
“Merchant App” The mobile application which allows food businesses to register and list their surplus food items for sale. All listing made on this app is reflected on the Customer App
“Merchants” All restaurants, food stores, food kiosks, food outlets or any other recognized food businesses (without limitations) listed on Meal scouts.
“Payment Methods” All payment methods accepted by Meal scouts. These are currently electronic payment methods only.
“Reservation/Reserve” Requesting a food item from a Meal scouts Merchant for collection.
“SST” Sales and service tax at the prescribed rates administered by the Royal Malaysian
Customs Department (RMCD).
COUNTERPARTS:
Meal scouts Data protection and privacy policy form an integrated part of these Terms and Conditions and upon agreement of these terms and conditions you consent to be bound by the contents of Meal scouts privacy policy.
MEALSCOUTS APP SERVICES
3.1 The aim of the Customer app is to link you, the Customer, to our Merchants (restaurants, food halls, food kiosks, and food outlets).
3.2 Meal scouts act as a tool for the consumer to reserve the surplus food items of the Merchant's restaurant and collect them for takeaway at the merchant's store.
3.3 Meal scouts aims to reduce food wastage whilst easing the tedious effort involved in reserving food items. The Mealscouts app provides a streamlined experience throughout the order and reservation process.
3.4 When you place a reservation through the Customer App, it must be accepted by the Merchant before it can be confirmed. Once you have reserved the item, the merchant shall prepare the food item for your collection.
3.5 Once the reservation has been confirmed you have entered into a legally binding contract for the reservation of the food item with the Merchant business even if you have made the reservation for someone else.
3.6 Food items reserved on the customer app must then be collected by you (the customer) at the prescribed collection time.
3.7 Items requested are subject to availability.
AVAILABILITY:
A few factors may influence the availability of food items on the Meal scouts app.
4.1 When an item is sold out or out of stock this would reflect on the Meal scouts app. If you reserve an item and it runs out of stock before the collection, you shall be issued a full refund.
4.2 Other factors may include the location of the Merchant business and the operating hours of the Merchant. Merchant businesses dictate their operating hours. Because of this the availability of Meal scouts services, and the range of Merchant Restaurants from which you can reserve food items from, depends on the Merchant Restaurants within your area and the operating hours of the Merchant.
4.3 In situations where you attempt to reserve with a Merchant when you are not in the prescribed area to collect the order, or you try to reserve from the Merchant outside the operating hours of a Merchant, or the Customer app is otherwise unavailable for any reason, the Meal scouts app shall advise that a reservation may not be possible.
4.4 You would not be allowed to make reservations outside of operating hours. On the off chance that the collection time falls outside the Merchant’s operating hours, you shall be issued a full refund.
USER:
5.1 By placing an order through the Meal scouts app, you warrant that you are legally capable of entering into binding contracts with the Merchant. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Merchant directly to check that the food.
5.2 You have a legal right to collect food items that comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order.
5.3 Meal scouts is responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of the Meal scouts app.
5.4 Meal scouts are not responsible for any loss or damage that is not foreseeable. Loss or damage is "foreseeable" if it is either obvious that it will happen, or if you told us that it might happen, for example, if you inform us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.
5.5 After confirming a reservation, the Merchant will disclose a collection time where you may collect the order. Orders not collected within the collection time may be discarded by the Merchant.
PRICING & PAYMENTS:
6.1 Prices are inclusive of SST. Prices shall be as quoted on the Meal scouts app and may be inclusive of any service or administration fee imposed by the Restaurant.
6.2 Feral Food Sdn Bhd also reserves the right to charge a Service Fee, which may be subject to change, for the provision of Meal scouts services.
6.3 You confirm that you are using our service for personal use and enjoyment exclusively, Feral Food Sdn Bhd reserve the right to ban and take legal action against customers who utilize the Meal scouts app and services for profit making or any other commercial purposes without the express consent of Meal scouts.
6.4 Items listed on the Customer app may be priced differently from time, as a result, prices of food items on the app may change whilst the customer may be browsing. Prices can also change at any time at the discretion of the Merchant.
6.5 You shall be notified of any applicable Service Fee and taxes prior to any purchases on the Customer app.
6.6 In the unlikely event that there is a pricing mistake, we shall notify you as soon as we can and you will have the choice of confirming the reservation at the original price or cancelling the reservation without charge and with a full refund of any money already paid.
6.7 Payments for all items may be done via credit or debit card, or any other payment methods which are made available by Meal scouts. All Fees under this Agreement shall be paid electronically.
6.8 Meal scouts is duly authorised to take payment on behalf of the Merchant and any payment made to Meal scouts shall fulfil the customer obligations to pay the purchase price of the food item(s) to the merchant.
CANCELLATIONS:
7.1 You may cancel a reservation at any time before the order is shown to be confirmed by the restaurant on the Meal scouts app.
7.2 The Merchant has the final say in reserving whatever food item the customer requests to reserve and as such if the merchant does decline your order, your payment would be refunded.
7.3 If the order is confirmed by the Merchant and you wish to cancel, you would have to contact the Merchant in order to issue a refund. All cancellation made in this manner would be at the sole discretion of the Merchants.
7.4 You would be fully refunded for any cancellations made under the discretion of the Merchant or Meal scouts.
REFUNDS:
8.1 Meal scouts hold its merchants to high food quality standards, however, we cannot guarantee the quality of the food items at all times. In the rare case where the food quality is poor, you would be required to show photographic proof of the issue and once it is confirmed we shall issue a refund on the purchase price of the food items.
8.2 Reimbursements shall be sent to the payment method used during reservation and cannot be made via cash.
8.3 Refunds will be processed immediately, however, it may take the applicable number of working days to appear back in your bank account.
8.4 Refunds shall not be processed for situations beyond Meal scouts or the Merchants control.
8.5 Neither Meal scouts nor the Merchant will process a refund for items that were not collected by you within the established collection time.
ALLERGEN INFORMATION:
9.1 Merchants may use nuts or other allergens in the preparation of certain Items.
9.2 All Merchants must display allergen information of all food items listed on the Meal scouts app.
9.3 Where that information is not available or contains ambiguous wording or if you have further questions, please contact the Merchant prior to reserving if you have an allergy.
9.4 Meal scouts cannot guarantee that any of the items sold by our Partners are free of allergens.
USER DATA:
10.1 You agree and consent to Meal scouts using and processing your Personal Data (for use as defined in the Privacy Policy) for the purposes and in the manner as identified under the Privacy Policy that you agreed to at the point of registration.
10.2 If the user requests to get their personal data removed from our database, they need to make a request through our customer support channels
USER RESTRICTIONS:
11.1 You may use the Meal scouts apps only for lawful purposes.
11.2 You may not use the Meal scouts apps or the services offered therein in any way that breaches any applicable local, national or international law or regulation.
11.3 You also agree not to access without authority, interfere with, damage or disrupt any part of our Meal scouts apps or services offered within or any network or equipment used in the provision of our Meal scouts services.
DISCRIMINATION:
You ought to perpetually feel a sense of security and hospitality. That is the reason why we have a zero-tolerance policy for direct or indirect discrimination on the Mealscouts app. Discrimination towards anyone including towards the Meal scouts merchants, other Mealscouts customers and personnel is strictly prohibited. You agree not to discriminate against somebody dependent on attributes like their age, ethnicity, colour, gender, marriage or partnership, pregnancy, culture, appearance, race, religion or spiritual/nonspiritual beliefs, political opinions, sex, sexual orientations, or any other protected characteristics under The Constitution of Malaysia.
SEVERABILITY:
13.1 Both Mealscout and you, the customer, have the right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and shall remain in force.
13.2 We may change these Terms from time to time. If we make any changes that affect your rights in relation to the Mealscouts services, we will notify you. Changes to the Terms shall not affect any reservations you have placed where we have sent the Confirmation Notice.
JURISDICTION:
14.1 These Meal scouts App Terms shall be governed by and construed in accordance with Malaysian law. Where disputes cannot be settled amicably, you can bring legal proceedings in respect of the Merchant in the Malaysian courts.
14.2 Nothing in these Customer App Terms and conditions, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of Malaysian or International consumer laws.
TERMINATION:
Grounds for termination:
15.1 We may terminate or suspend (at our absolute discretion) your right to use the Meal scouts app if we believe that you have used the Mealscouts app in breach of any provisions under these terms and conditions.
15.2 Failure to comply with paras 11 (User restriction) in these terms and conditions shall constitute a fundamental breach of these terms and may result in Feral Food Sdn Bhd taking legal action, temporarily/permanently banning you from the Meal scout apps, issuing a warning to you and/or disclosing relevant information concerning the breach to the appropriate law enforcement agencies.
15.3 You are entitled to terminate this agreement and delete your account with Meal scouts at any time.
15.4 In all such cases that your account has been terminated Mealscouts will delete your personal information or render them unidentifiable, except certain information that Mealscouts may be required to save or archive under Malaysian Law.
INDEMNITY:
16.1 Mealscouts shall not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Mealscouts App Terms that are caused by events outside our reasonable control.
16.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; the impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under these Mealscouts App Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We shall use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Mealscouts App Terms may be performed despite the Force Majeure Event.
16.4 We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items.
16.5 Feedback, commentary and other materials posted on the Mealscouts are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any customer, or by anyone who may be informed of any of its contents.
INTELLECTUAL PROPERTY
17.1 For the avoidance of doubt, Mealscouts does not stake a claim over any information or content published by the Merchant or Customer on the Mealscouts Apps.
17.2 Feral Food Sdn Bhd is the sole owner of Mealscouts and any source code, software, content and other intellectual property related to it or included in it.
17.3 Any suggestion made to Mealscouts by the user or customer in relation to the optimization of the Mealscouts Apps is, upon adoption of that suggestion, owned by Feral Food Sdn Bhd as part of its intellectual property.
17.4 You agree that Mealscouts may utilise any content posted on the Mealscouts Apps for, without limitations, advertising and otherwise commercial purposes without your consent.
CONTACT MEALSCOUTS:
If you would like to contact us with regards to any issues, concerns or ambiguity with regards to these terms and conditions, contact us by email at:
Or write to us at No. 105, Jalan Ampang, Kuala Ampang, 50450 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur.
AGREEMENT
These terms and conditions constitute the entire agreement between you, the customer, and Feral Foods aka Mealscouts, and supersede any other arrangement and understandings, verbal or otherwise, previously made between both parties. Confirm your approval by ticking the box below.
