Terms & Conditions
The Platforms may be used by natural persons who have reached 18 years of age. 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.
TWS reserves 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.
Through our Platforms, you can order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as 'Goods') to be delivered to you.
For customer support, you may reach out to us via email [email protected]
2 Use of the Platforms and TWS Account
2.1 You will need to register for a TWS account for you to use the Platform. When you register for a TWS account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your TWS account are your sole responsibility.
2.2 TWS 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.
2.3 If you wish to delete your TWS account, please send us an email requesting the same. We may restrict, suspend or terminate your TWS account and/or use of the Platforms, if we reasonably believe that:
2.3.1 someone other than you is using your TWS account; or
2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.
3.1 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. TWS reserves the right to investigate and take appropriate legal action against anyone who, in TWS 's sole discretion, engages in any of the prohibited activities.
Prohibited activities include, but are not limited to the following:
3.1.1 using the Platforms for any purpose in violation of local, state, or federal laws or regulations;
3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by TWS in its sole discretion or pursuant to local community standards;
3.1.4 posting content that constitutes cyber-bullying, as determined by TWS in its sole discretion;
3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
3.1.6 posting telephone numbers, street addresses, or last names of any person;
3.1.7 posting URLs to external websites or any form of HTML or programming code;
3.1.8 posting anything that may be 'spam,' as determined by TWS in its sole discretion;
3.1.9 impersonating another person when posting content;
3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;
3.1.12harassing, threatening, stalking, or abusing any person on the Platforms;
3.1.13engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the sole discretion of TWS, exposes TWS or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
3.1.14encouraging other people to engage in any prohibited activities as described herein.
3.2 TWS reserves the right but is not obligated to do any or all of the following:
3.2.1 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;
3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
3.2.3 suspend or terminate a user's access to the Platforms or their TWS Account upon any breach of these Terms;
3.2.4 monitor, edit, or disclose any content on the Platforms; and
3.2.5 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.
4 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 TWS 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 TWS trademarks on any other website not approved by us is strictly prohibited. TWS will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. TWS 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 TWS. Use of any materials on the Platforms is at your own risk.
5 Restrictions on Goods
5.1 The TWS companies are only preparing and serving Halal food & drinks, therefore we do not allow any non-Halal food & drinks on our platform.
6.1 When you place an Order with TWS, we will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
6.2 Minimum Order Value - we require a minimum order value ('MOV') before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.
6.3 Special Instructions - TWS will reasonably endeavour to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, TWS reserves the right to proceed to prepare the Order in accordance with standard operating procedures. TWS shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.4 Allergens - TWS is not obligated to provide ingredient information or allergen information on the Platforms. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact us before placing an Order on our Platforms.
6.5 Please note that your Order may be subject to additional terms and conditions.
6.6 Prior to placing the Order, you are required to provide the delivery address in order for the Platform to display the availability in your delivery area. After that the platform will show the available products on a menu page for you to select and add your Goods to the cart.
6.7 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, delivery details, 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.
6.8 Cancelling an Order
Should you decide to cancel your Order after it has been confirmed by the platform, 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.
6.9 TWS reserves the right to cancel any Order and/or suspend, deactivate or terminate your TWS account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your TWS account and/or with your Order.
7 Prices and Payments
7.1 Prices quoted on the Platform shall be displayed in Ringgit Malaysia (RM) and are subjected to applicable tax. Prices and offers on the Platforms may vary from the prices TWS is offering in brick-and-mortar outlets or at other online channels like website, social media or delivery partner platforms.
7.2 TWS will aim to publish all prices including the applicable taxes or /and at least mention all applicable taxes before Checkout.
7.3 Delivery fees are chargeable on every Order unless:
7.3.1 you opt to collect your Order directly from a TWS outlet ('Pick-Up');
7.3.1 you have a valid promotional or discount voucher and apply it at Checkout; or
7.3.3 unless stated otherwise.
7.4 Prices indicated on the Platforms are as at the time of each Order and may be subject to change.
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.
7.5 You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:
7.5.1 Our payment partners: Visa, Mastercard, myDebit, E-wallets & IPX;
7.5.2 Cash-on-Delivery; or
7.5.3 Such other payment method we offer from time to time.
7.7 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt.
7.8 Payment Methods
TWS reserves the right to offer additional payment methods and/or remove existing payment methods at anytime 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. TWS does not store your credit card or payment information.
8 Delivery, Pick-Up and Vendor Delivery
8.1 Delivery Areas
You understand that we offer our Goods in specific delivery areas. By entering your delivery address on the Platforms, you will see our availability to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
8.2 Delivery Time
8.2.1 TWS shall deliver your Order to the delivery address provided by You. You may choose for your Order to be delivered 'ASAP' or scheduled for a specific time. 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. If your
8.3 Unsuccessful or Failed Deliveries
8.3.1 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 uncontactable despite attempts to reach the customer via the phone number provided; or
(iii) lack of appropriate or sufficient access to deliver the Order successfully;
(iv) lack of a suitable or secure location to leave the Order; or
(v) in the case of Restricted Goods, delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.
8.3.2 No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, TWS reserves the right to cancel the Order without refund or remedy to you.
8.4 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 the respective TWS outlet immediately. In some cases, TWS 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 received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
8.5 Order Pick-Up
8.5.1 Where available, you will have the option of collecting your Order in-person directly from one of the TWS premises ('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'). We will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. We agree to hold the Order for you at the Vendor's premises for no more than a reasonable period of twenty (20) 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.
8.5.2 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 TWS before leaving the Vendor's premises.
9 Vouchers, Discounts and Promotions
9.1 From time to time, TWS 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.
9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
9.3 Unless otherwise stated, Vouchers can only be used on our Platforms.
9.4 Vouchers cannot be exchanged for cash.
9.5 TWS reserves the right to void, discontinue or reject the use of any Voucher without prior notice.
9.6 Individual restaurants terms & conditions may apply.
9.7 We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you.
10 Representations, Warranties and Limitation of Liabilities
10.1 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 TWS 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, downtimes attributable to internet or electronic communications or events of force majeure.
11 Limitation of Liability
To the extent permitted by law, TWS (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 TWS 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, computer failure, or malfunction, or any other commercial damages or losses, even if the TWS 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, TWS, the TWS entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.
12 Personal Data (Personal Information) Protection
You agree to indemnify, defend, hold harmless TWS, 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.
14 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. TWS does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. TWS 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.
TWS 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 TWS, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. TWS may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
TWS 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.
18 Governing Law
These Terms shall be governed and construed in accordance with the laws of Malaysia. The courts of the Republic of Malaysia will have jurisdiction over any dispute or claim arising out of or in connection with the use of the Platforms
19 Contact Us
If you wish to contact us regarding any questions or comments you may have, you can reach us via email: [email protected]
20 Prevailing Language
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.