Terms & Conditions

Terms & Conditions

Please read the "Terms and Conditions" set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website, by phone SMS you agree to be bound by these Terms and Conditions.

Company Introduction

SmartBite Malaysia is a food tech company focused on serving corporates and working professionals. Our company has been registered legally to operate in Malaysia under the name of Try Smart Bite Sdn Bhd (1180611-H).

Definitions

  • Agreement: is a reference to these Terms and Conditions.
  • Privacy Policy: means the policy displayed on our Website which details how we collect and store your personal data.
  • You, your, yours: are references to you the person accessing this Website and ordering any Goods or Services by SMS or from any other channel provided by SmartBite.
  • We, us, our, SmartBite: are references to the Company.
  • Goods: is a reference to any goods which we may offer for sale from our platform from time to time.
  • Service(s): is a reference to any service which we may supply and which you may request via our Website.
  • Supplier(s), Restaurant(s): is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
  • Food Delivery: is a reference to perishable goods and to any form of delivery service, which both are provided by our Suppliers and for both of which our Supplier take full responsibility.
  • Website: is a reference to our Website on which we offer our Goods or Services.

Ordering

  • Any contract for the supply of meals from SmartBite is between you and the Supplier. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.
  • Food Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
  • Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
  • Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Supplier (Restaurant). When you place your order by SMS, we will send you an email to confirm that we have received it.This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you see the orders in 'MY Orders' page does not necessarily mean that either we or the Supplier (Restaurant) will be able to fill your order. Once we have sent the confirmation we will check availability and delivery capacity.
  • If the ordered Supplier and delivery capacity is available, the Supplier (Restaurant) will accept the contract and confirm it to SmartBite. If the details of the order are correct, the contract for the Supplier, Goods or Services will be confirmed.
  • In 'My Orders' page you will see delivery details including the delivery time specified by the Supplier (Restaurant) and confirm the price of the meal ordered.
  • If the meals are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.

Prices and Payment

  • Any contract for the supply of meals from this Website is between you and the Supplier (Restaurant); for the supply of Goods or Services from this Website any contact is between you and SmartBite. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.
  • All prices listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant taxes and delivery charges. We also reserve the right to alter the Goods or Services available on our offer and to stop listing restaurants, Goods or Services.
  • The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the SMS(Confirmation Message) when you place your order. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made in cash or by top up available in the website.
  • If you choose online payment, you must pay for your order before it 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 company may also conduct security checks to confirm it is you placing the order. You can top up your account and use your credit to purchase meals using SmartBite. The top up is not refundable.
  • Payments are processed by MOL PAY incorporated and existing under the laws of Malaysia.

Delivery

  • Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
  • If delivery is done by the Supplier (Restaurant) or its delivery partners, it is the Supplier (Restaurant)s sole responsibility to provide meals in a timely manner.
  • In the case delivery is done by SmartBite or a third party delivery partner assigned by SmartBite, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by SmartBite in either case.
  • All orders are delivered by a reputable courier. We and the Supplier (Restaurant) will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us contact us by telephone or email and we will try to ensure that you verify your order as quickly as possible.
  • In case of a late delivery we will deal with each case following our Customer service procedures.
  • All risk in the Goods and the Food Delivery shall pass to you upon delivery.
  • If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
  • You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
  • Supplier (Restaurant)s and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
  • Please note that it might not be possible for Supplier (Restaurant)s to deliver to some locations. If this is the case, our Supplier (Restaurant)s or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.

Cancellation

  • You must notify SmartBite before 08:00 am of the delivery day to cancel the order. Reply CANCEL to the 011-1722 5277 or contact us via web chat.
  • We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
  • In the unlikely event that the Supplier (Restaurant) delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Supplier (Restaurant) can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The Supplier (Restaurant) will refund SmartBite and then we will refund you.

Return/Refund Policy

  • If a cancellation was made in time (the closing time for each delivery slot is stated on the menu), your credit will be automatically refunded. SmartBite does not accept any returns and does not provide refunds for orders that are not cancelled in time or have already been delivered.
  • Orders paid with free credits are not refundable.

Information

  • Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
  • You authorize us to use, store or otherwise process your personal information in order to provide the meals to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the meals to you. More information can be found in our Privacy Policy.
  • You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

Merchant Contact Details

  • The merchant name is provide on the menu. Upon request, SmartBite can provide the merchant contact details and email via email. These can be requested by sending an email to info@trysmartbite.com, in which you will receive a reply within 24 hour (during business hours - 9am - 6pm).

Linked Websites

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 cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.

Complaints & Feedback

We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed via web chat. Once you place your order you might rate the meal 1 to 5. Feedbacks will be communicated to our suppliers that will handle complaints and Feedback to improve meals.

Products/Services

  • SmartBite’s service is to promote restaurants and their meals using the SmartBite marketing platform. Ingredients of the meals are clearly stated on the website, and restaurants take full responsibility for the quality of the meals and any alterations to the stated ingredients.

Limitation of Liability

  • Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or 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 and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
  • By accepting these terms of use 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 food or beverages from our suppliers.
  • We disclaim any and all liability to you for the supply of the Food 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. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
  • 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.
  • 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 outside our reasonable 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, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
  • If we have contracted to provide identical or similar order 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.
  • The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
  • 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.
  • In the event SmartBite has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, SmartBite 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, SmartBite reserves the right to seek compensation from any and all violators.
  • Offers are subject to SmartBite's discretion and may be withdrawn at any time and without notice.
  • Restaurants are liable for any complication and bad preservation of the food. The final customer will be able to discuss such problems directly with the restaurants providing enough documents to prove the case.

Final/General

  • All prices are inclusive of 0% GST and in Malaysian Ringgit.
  • We may alter or vary the Terms and Conditions at any time without notice to you.
  • Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order. If delivered by COD we will ask you a refund of the meal or block your account if this will not happen.
  • 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, these Terms and Conditions shall prevail.
  • 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.
  • 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.
  • These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysia Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysia Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
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Benefits

  • Additional discounts on full priced meals*
  • A wider selection of meals compared to the standard SmartBite experience*
  • Additional discounts on full priced meals *
  • Additional discounts on already discounted meals *: in the case there are discounts on SmartBite, users of SmartBite Gold will receive higher discounts compared to the users of the “free SmartBite experience”.
  • Exclusive 'premium users only' deals*: SmartBite Gold users will have the ability to purchase meals that SmartBite free users are not able to purchase.

* The amount or frequency of the above mentioned benefits may vary from day to day and are up to restaurants’ discretion.

Refund policy

SmartBite Gold can be purchased for the period of 1, 3 or 12 months. Payment occurs upfront via SmartBite’s online payment options (see section: prices and payment). SmartBite will not refund any fees that have already been paid.