By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by Whisk or our subsidiaries or other affiliates (collectively, “Whisk”, “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the Meal Kit or other products made available through the Sites (collectively, the “Products”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
Whisk reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use the Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the Terms, you may not access or use the Sites or order, receive or use the Products.
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you
(a) are 18 years of age or elder,
(b) are a legal resident of Malaysia,
(c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites,
(d) do not have more than one Whisk account
(e) have full power and authority to enter into these Terms and in so doing will not violate or breach the terms of any other agreement to which you are a party.
3 Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Sites, you will need to register for a Whisk account. By creating an account, you agree to
- Provide accurate, current and complete information as may be required by us,
- Maintain and promptly update from time to time your account information as may be necessary
- Maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and
- Immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account
By creating a Whisk account, you also agree and consent to receiving electronic communication from Whisk via email or notices posted on the Sites or such other forms of electronic communication as may be available to Whisk These communications may include notices about your account (e.g., payment authorization, password changes and other transactional information). You hereby agree that any notices, agreements, disclosures or other communications that we send to you electronically satisfies any legal communication requirements, including, but not limited to, that such communication be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein or sending us an email at email@example.com
4 Terms of sale
4.1 Payment and Billing Information
By providing a credit card or utilising other payment methods which we deem acceptable, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge you vide the designated payment method for the total amount of your Meal Kit or other purchase (including any applicable taxes and other charges) (collectively, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Whisk account, you may do so at any time by logging into your account and editing your payment information.
You hereby acknowledge that the amount billed may vary due to promotional offers, changes to your Meal Kit and/or changes in applicable taxes or other charges, and you authorise us (or our third party payment processor) to charge your payment method accordingly for the corresponding amount.
4.2 Reward points
Whisk has the right to change, modify and or cancel the Whisk Rewards Program at any time and without notice. Whisk points have no tangible monetary value, and we will not be liable for any outstanding points following a termination of, modification of, or any other change to the program. Whisk rewards are to be expired after every six (6) months.
4.3 Pricing and Availability
All prices are shown in Ringgit Malaysia (RM) and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Meal Kit and/or Product(s), we will provide advance notice of such changes in accordance with Section 3. We will not, however, be able to notify you of changes in any applicable taxes. Your payment for acceptance of the delivery of your Meal Kit and/or Product(s), as applicable, to you after our delivery of such notice shall constitute your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set out as applicable.
We will collect the goods and services tax payable on Products as and when required. If an item is subject to goods and services tax, you agree that the amount of taxes shown at checkout on the Sites during the processing of your payment may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
4.5 Delivery and Handling
You agree to pay any delivery and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate delivery and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. When you purchase a Product from Whisk, any delivery or shipping times shown on the Sites are estimates only. Actual delivery dates and time may vary.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the Meal Kit arrive in a cool, refrigerated condition. In the unlikely event that you have any other reason to believe that any other Product in your delivery is not suitable for consumption, contact us at firstname.lastname@example.org and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery. From the time of delivery, the condition and consumption of the Products are at your sole risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We also recommend that all cooking instructions be followed. Failure to follow safe food handling practices may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems and food allergies are solely responsible for consumption of the Products.
If you are not at home when your delivery arrives, the courier will generally try to contact you on the mobile phone number provided to Whisk to inform you of his arrival. However, if you are unable to be contacted, Whisk will be notifying you via email to allow for delivery to be made again within two (2) hours. Our Meal Kit are packaged with ice packs and will typically remain cold and fresh for several hours, but depending on weather conditions and temperature in your geographic area at the time of delivery, we recommend making advance plans for receipt and proper storage of your Meal Kit prior to consumption. Any individual at the delivery address who accepts a delivery from us is presumed to be authorised to receive such delivery. In cases in which you have designated an alternative recipient, such person shall accept the delivery of the relevant Products under all of the same terms and conditions that would apply to you had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to procure the delivery of your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of the Products is not feasible, we will cancel your meal delivery for the affected period and issue you a credit or refund of the purchase price for such Products. Notwithstanding the above, we will not be liable or responsible for any failure to deliver your Order or perform any of our obligations under these Terms if such failure is caused by circumstances beyond our reasonable control, including but not limited to, any fire, earthquake, flood, epidemic, accident, explosion, casualty, lock-out, riot, civil disturbance, act of public enemy, natural catastrophe, embargo, war, act of God and/or any other causes beyond the reasonable control of Whisk (including mechanical, electronic or communications failure).
4.7 No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
4.8 Returns and Refunds
If you are dissatisfied with a meal or meal ingredient for any reason, please contact us at email@example.com and follow the instructions in the email we send in response to your prior email provided, PROVIDED ALWAYS that your mail is sent to us within three (3) working days of the date you receive the Meal Kit. We may either replace the Product(s) or Meal Kit at our expense or, depending on the circumstances, provide you with a full or partial credit or refund of the purchase price for that Product(s) or Meal Kit PROVIDED ALWAYS that such dissatisfaction arises or is brought about through no fault of your own. We may require the return or photographic documentation of any meal ingredient with which you are dissatisfied before we provide you a credit or refund. For the avoidance of doubt, we will bear all reasonable costs and expenses which you may incur in returning the meal ingredient to us. If you do not comply with the terms of this section, you will be rendered ineligible to receive a refund.
4.9 Description of Product
While we endeavour to provide accurate description of the products and/or services offered on the Websites and the App, we do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, reliability or suitability of the information and materials found or offered on the Website or the App, and the pictures shown are for illustration purpose only. You acknowledge that such information and materials are provided on “as is” and “if available” basis, and may contain inaccuracies or errors to the fullest extent permitted by law. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information and materials found or offered on the Website or the App generally.
In the event of unavailability of certain ingredients, we will replace with similar ingredients while preserving the quality of the meals. While we attempt to identify the ingredients that may cause allergic reactions for those with food allergies, we however do not make representation on the same and there is always a risk of contamination. If you are concerned with food allergies, please be aware of the said risk and that we may prepare Meal Kit and use ingredients that contain nuts, nut oil, dairy, seafood, shellfish and gluten.
We endeavour to ensure and maintain the quality ad hygiene of the Meal Kit prepared for you, if however in the unlikely event that you found the Meal Kit delivered are not in good condition or contained items that do not belong therein, please do not consume the said meal but to contact us and we will replace another meal kit for you.
4.10 Nutritional information
When provided, nutritional information in on a per serving basis, as well, only non-pantry items are included in the calculations. The reason for this approach is that for most of our non-pantry items the amount to be used is often at the discretion of the individual chef. Some individuals may also use different amount of pantry items such as oils, salt, pepper and etc. We have cooperated with the scientific laboratory for nutritional labelling. Some calculations may also depend on the final preparation times of each dish. Nutritional information is provided as a guide and we do not guarantee the accuracy of any such information.
5 Licenses to Access and use Our Sites and Content
Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Whisk logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 10 below), other files and the selection and arrangement thereof (collectively, “Content”) are the property of Whisk or our licensors or users, as applicable, and are protected by the relevant laws of Malaysia and international copyright laws.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites and Content. Such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Sites or Content,
(b) distribute, publicly perform or publicly display any Content,
(c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof,
(d) use any data mining, robots or similar data gathering or extraction methods on the Sites or Content or any portion thereof,
(e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and
(f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorised herein, without our prior written permission, is strictly prohibited and any breach of the provisions in this Section will result in an immediate termination of the license granted herein. Please note that such unauthorised use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless expressly stated by us, nothing in these Terms shall be construed as conferring to you any right or license to any patent, trademark, copyright or other proprietary rights of Whisk or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by Whisk or a third party that are subject to separate license terms, in which case those license terms will govern such software components accordingly.
The name “Whisk,” the Whisk logo and any other Whisk Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of Whisk, whether registered or unregistered, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Whisk” or any other name, trademark or Product or service name of Whisk without our prior written permission. In addition, the look and the layoutfeel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Whisk and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Whisk.
You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Sites for non-commercial purposes, provided that such link does not portray Whisk or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Whisk logo or other proprietary graphic of Whisk to link to the Sites without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any Whisk trademark, logo or other proprietary information, including the images found on the Sites or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our prior written consent.
Whisk makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
8 User Conduct
You agree that you shall not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and shall not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and Whisk;
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Reverse engineer any aspect of the Sites or do anything that might lead to the discovery of the source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorised to access;
- Develop any third party applications that interact with User Content or the Sites without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or
- Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms
Any breach of the provisions of this Section may result in the termination of your right to access or use the Sites and to order, receive and use the Products, at any time and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
9 User Content
The Sites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Sites or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites.
By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- User Content that references or depicts Whisk or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a Whisk employee or paid blogger);
- User Content that refers to or represents Whisk in any way which we may, in our sole discretion, deem to be disruptive to the business of Whisk;
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- User Content that contains any private or personal information of a third party without such third party’s consent;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Products, or that may expose Whisk or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any breach of the provisions of this Section may result in the termination of your right to access or use the Sites and to order, receive and use the Products, at any time and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
10 Rights in User Content
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., Whisk’s Facebook page, Instagram page or Twitter feed), you hereby grant Whisk a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and non-commercial purposes.
By uploading, posting or submitting User Content to Whisk through the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that
(a) such User Content is non-confidential,
(b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content,
(c) you authorize Whisk to use such User Content for the purposes described in these Terms,
(d) the User Content is accurate and not misleading or harmful in any manner, and
(e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
11 Notice and Feedback
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, original or creative materials or other information about Whisk, the Sites or the Products (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Whisk. Whisk shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you
All legal notices or demands to Whisk shall be made in writing and sent to Whisk personally, by courier or registered post to GE Synergy Sdn Bhd, The Gamuda Biz Suites, No 12, Jalan Anggerik Vanilla 31/99, Kota Kemuning Section 31, 40460 Shah Alam, Malaysia. Any notice or demand delivered personally, by courier or by registered post shall be deemed to be given at the time of such delivery when it is delivered or left at the address specified above with receipt thereof acknowledged by Whisk.
All legal notices or demands to you shall be deemed to have been sufficiently or effectively given or made or delivered when delivered personally or by courier, by post, by facsimile or sent via email to the last known correspondence, fax or email address provided by you to Whisk. For the avoidance of doubt, any notice or demand sent by facsimile shall be deemed to have been given at the time of transmission.
To resolve a complaint regarding our service, you should first contact our customer service department by email at firstname.lastname@example.org. If our customer service department is not able to resolve your complaint within 60 days from the date of the filing of your complaint, you may write to us officially on the matter at the address above. In the event we fail to respond to your complaint within 14 days from our receipt of your official complaint, you may file a complaint with the Tribunal for Consumer Complaints of Malaysia as stipulated in the Consumer Protection Act 1999.
You hereby agree that all agreements, notices and other communications that Whisk sends to you electronically satisfies the legal requirement for communication to be in writing.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Whisk, and our respective past, present and future employees, officers, directors, contractors, consultants, equity-holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Whisk Parties”), from and against all actual or alleged Whisk Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products,
(b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms,
(c) any Feedback you provide,
(d) your violation of these Terms,
(e) your violation of the rights of another, and
(f) any third party’s use or misuse of the Sites or Products provided to you.
You agree to promptly notify Whisk of any third party Claims and cooperate with the Whisk Parties in defending such Claims. You further agree that the Whsik Parties shall have control of the defence or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Whisk.
13 Modifications to the Sites and Products
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability therefore.
14 Resolution of Disputes and Legal Claims
Subject to the provisions of Section 12 above, in the event of any dispute between Whisk and you arising out of or in connection with your use of the Sites, the parties shall promptly and in good faith, endeavour to resolve any such dispute. If parties are unable to resolve the dispute within thirty (30) days, then either party may submit the dispute to mediation. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of Whisk to seek recourse in the courts of law, including commencing a legal action. If parties are unable to resolve the dispute and agree on a settlement via mediation, the parties may then elect to pursue the matter in court or via arbitration and shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia.
15 Governing Law and Venue
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid, illegal or unenforceable in any respect under any law, the same shall be deemed to be deleted from these Terms and shall be of no force and effect and will in no way, affect the validity, legality and enforceability of any remaining part of such term, clause or provision, or any other term, clause or provision of these Terms.
The provisions of these Terms shall survive the expiration or termination of these Terms or the termination of your Whisk account.
These Terms constitute the entire agreement between you and Whisk relating to your access to and use of the Sites and your Order, receipt and use of Products and save as otherwise expressly provide, no agreement whether oral or otherwise or any modification, variation or amendment to these Terms shall be valid and effective unless made in writing. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Whisk. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Whisk’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties hereto and are not intended to confer third party beneficiary rights upon any other person or entity.