Please read the terms and conditions ("Terms") set out below carefully before accessing or using our Site. By accessing or using any part of this Site, by phone, or by our mobile applications, you agree to be bound by these Terms.
We are FOLO, an online platform currently available at www.folo.my, unless otherwise stated. Definitions
Application means mobile applications supplied by FOLO and downloaded and installed for use on mobile devices;
Customer means a person who places an Order with a Participant Restaurant using the Site;
Delivery Fee means the fee that the Customer pays for delivery of an Order by a Driver;
Delivery Services means the collection of the Order from the Participant Restaurant and the delivery of the Order to the Customer;
Designated Location means the address provided by the Customer as the location for the delivery of the Order by the Driver;
Driver refers to one of the independent contractors in FOLO's network of drivers and riders, who are contracted to provide Delivery Services;
Force Majeure Event means events or circumstances beyond a party’s reasonable control, including acts of God, war, flood, fire, storm, explosion, civil disobedience, tempest, theft, vandalism, riots, civil commotions, terrorist actions, wars, government restrictions, labour disputes, interruption to telecommunications systems, network failure or computer systems or the act or omission of any third party (other than contractors or subcontractors), including any damage caused by any of such events, over which the party has no control;
Order(s) means the Customer's unique order for particular Restaurant Products made via the Site;
Order Price means the price that the Customer will pay to FOLO for the supply of Restaurant;
Participant Restaurant(s) means the Participant Restaurants with whom the Customer can place an Order via the Site;
Payment Option(s) means the payment options offered at checkout by FOLO, including debit card and credit card;
Restaurant Products means any and all food and beverage items available from the Participant Restaurants featured on the Site;
Services means the Site and associated services provided by FOLO to facilitate the Customer placing an Order with a Participant Restaurant and the Driver delivering the Order to the Customer. This includes Services currently offered by FOLO and any services or products that FOLO may choose to offer in the future;
Third Party Content means any material, posts, content or information provided by the Participant Restaurants or third parties, including names, prices, address, location, menus, photos or reviews of their food and links to the Participant Restaurants or third party websites, made available through the Site or posted or hosted on the Participant Restaurant's or third party websites;
Us, we or our means FOLO;
You, your or yourself means the person using or accessing the Site or Services, and includes all Customers;
Site means our website http://www.folo.my or our mobile applications on which we display the Restaurant Products and on which we offer our Services.
As a Customer you commit to us relating to registering and maintaining the security of your account, accordingly:
You agree to take particular care when providing us with your details and warrant that these details are accurate and complete;
You warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make payment;
You will not provide any false personal information to FOLO, or create an account for anyone other than yourself;
You will not create more than one account;
You will keep your contact information accurate and up-to-date;
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
You will not transfer your account to anyone; and
if you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to your actual name);
In the event you change or deactivate your mobile telephone number, you will update your account information on the Site within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Use Of The Services
You agree that by using the Services, you acknowledge that FOLO is providing you with an online platform to browse, order and purchase Restaurant Products from Participant Restaurants via its Site which are delivered to you by a Driver. Accordingly, FOLO does not:
guarantee or accept responsibility for the availability, quality or preparation of Restaurant Products offered by the Participant Restaurants appearing on the Site; and
have control over the quality, timing, availability, legality, failure to provide or delivery of the Orders or any other aspect whatsoever relating to the provision or delivery of the Orders by the Participant Restaurants or Drivers.
You acknowledge and agree that Orders and Delivery Services are subject to:
the availability of Restaurant Products at the respective Participant Restaurants;
the operating hours of the Participant Restaurants; or
the delivery capacity and acceptance by us and the Participating Restaurant.
You agree to provide all Customer details as may reasonably be required by FOLO to provide the Services. We have the right to suspend or terminate any Customer account if the Customer fails to provide the Customer details as required by us. You are responsible for ensuring that all Customer details provided are true, accurate and complete and we will not be liable to you, or any other person, including the Participant Restaurant or Driver, for any loss or damage arising from or in connection with a Customer's failure under this clause.
We may refuse to process an Order for any reason or refuse to provide the Services to anyone at any time at our sole discretion and if we do, we will refund any amount paid by you relating to that Order.
The information or materials listed on the Site with respect to the Restaurant Products is provided by the respective Participant Restaurants and FOLO has no liability relating to such information or materials, including any errors, omissions or inaccuracy of such information or materials, which remains the responsibility of the Participant Restaurant.
All prices listed on the Site are the price of listing at that given time. We reserve the right to alter these price lists. We also reserve the right to alter the Restaurant Products or Services available for sale on the Site.
You are solely responsible for verifying ingredients that may cause you, or any other person you place an order for, any allergic reactions in the Restaurant Products.
You understand and agree that you will access and use the Site and Services with full responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations.
Order Process And Payments
The Participant Restaurants provide menus to FOLO comprising of Restaurant Products (including Order Prices), which FOLO publishes on its Site.
If you are interested in ordering any of the Restaurant Products appearing on the Site from a Participant Restaurant, you can make an Order by selecting your Order using the Site.
Once you have selected your Order, you will need to proceed through the Order process on the Site.
At the time of placing an Order, you must provide all Customer Details requested including specifying the Designated Location for delivery purpose.
You may review and amend the details of your Order or cancel your Order at any time, prior to confirming your Order at checkout.
Once you have proceeded through the Order process to checkout you will need to:
confirm your Order at checkout; and
provide your Payment Option details which we may pre-authorise as security for payment of your Order.
Once you have confirmed your Order and your Order has been processed at checkout, we will send you confirmation of your Order to the e-mail address nominated by you in your Customer details. We will then communicate your Order to the Participant Restaurant. A Contract is formed between you and the Participant Restaurant and the Participant Restaurant will be obliged to prepare your Order. FOLO is not a party to that agreement
Your Order will be delivered within one hour from receiving e-mail confirmation from us. However, the e-mail confirmation of your Order sent by us is not a guarantee by us that your Order will be fulfilled. Our delivery time stated is by approximation only and may vary.
Due to a Force Majeure Event your Order is unable to be delivered, your Order may be cancelled and we will refund any amount paid by you relating to that Order.
The Participant Restaurants, the Driver and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Correct and accurate address must be given when placing Orders. Please note that it might not be possible for the Driver to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you place your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
FOLO agrees to provide the Services for payment by the Customer of the Order Price and Delivery Fee, which FOLO collects to:
pay the Participant Restaurant the Order Price; and
to pay the Driver for the Delivery Services.
FOLO accepts all payment options listed on the Site and your Order will be processed in accordance with the Payment Option selected by you.
FOLO uses third party merchant facilities to process payments. Accordingly, FOLO is not responsible or has any control over any third party merchant facilities. Customers acknowledge and agree that FOLO will not be liable for any loss or damage arising out of their use of a third party payment gateway.
Third Party Content
The Site may include Third Party Content.
FOLO has not verified, and does not verify, the accuracy of Third Party Content made available through the Site.
FOLO does not endorse any Third Party Content available through the Site. Any such third party information and links are used by you at your own risk.
Accordingly, FOLO is not responsible for Third Party Content or the actions of third parties and you agree that:
FOLO will have no liability whatsoever to you or any other person arising from, or in connection with, Third Party Content; and
You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
We may terminate your membership or account as a Customer for any reason at any time.
If you violate these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Services to you. We will notify you by email or at the next time you attempt to access your account.
You may terminate your membership as a Customer, or delete your account or disable your Application for any reason at any time by notifying us via email at firstname.lastname@example.org. FOLO will disable your account within seven (7) days of your notification. Even after your membership or account is terminated, certain provisions of these Terms will remain in effect.
The parties must first attempt to resolve any claim or dispute arising out of or relating to these Terms or the Services in an amicable manner by mutual agreement in the first instance, prior to commencing any legal action.
These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and or your use of the Websites resides in the courts of Malaysia, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any provision in these Terms shall be deemed a further or continuing waiver of such provision or any other provision
FOLO will use reasonable endeavours to assist with any disputes concerning the Services, including disputes arising with the Driver or Participant Restaurants.
Limitation Of Liability And Indemnity
Great care has been taken to ensure that the information available on this Site is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Site 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 Site and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
By accepting these Terms 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 a Participant Restaurant.
We disclaim any and all liability to you for the supply of the Restaurant Products 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 Restaurant Productsor 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 Site.
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 a Force Majeure Event. 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 a Force Majeure Event, we may decide at our absolute discretion which orders we will fill and to what extent.
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 Site or for any Restaurant Productsor 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.
You agree to indemnify, defend and hold harmless FOLO and our directors, officers, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).