1. INTRODUCTION 1.1. Please read these Delivery Service Policy carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Delivery Service Policy which are applicable to you. These Delivery Service Policy and the Yummi Hero Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and Yummi Hero (as defined). The Agreement applies to your use of the Service (as defined) provided by Yummi Hero or Partners. If you do not agree to the Terms of Service and/or the Delivery Service Policy, please do not use or continue using the Application or the Service. 1.2. Yummi Hero may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on https://yummihero.com or the Application. It is your responsibility to review the Yummi Hero Policies regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments. 1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Yummi Hero Policies applicable in Malaysia which can be found at https://yummihero.com as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Service in Malaysia. 1.4. YUMMI HERO IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR CONSUMERS TO OBTAIN OR PROCURE GOODS AND SERVICES PROVIDED BY PARTNER OR US. WHERE THE GOODS/SERVICES ARE PROVIDED BY PARTNER, YUMMI HERO’S ROLE IS MERELY TO LINK THE CUSTOMER/USER WITH SUCH PARTNERS. YUMMI HERO IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PARTNERS. PARTNERS SHALL BEAR ALL LIABILITY IN RELATION TO SUCH GOODS AND SERVICES. PARTNERS ARE NOT, AND SHALL NOT HOLD THEMSELVES TO BE, AN AGENT, EMPLOYEE OR STAFF OF YUMMI HERO AND THE SOLUTIONS PROVIDED BY PARTNERS SHALL NOT BE DEEMED TO BE PROVIDED BY YUMMI HERO. 2. DEFINITIONS In these Delivery Service Policy, the following words shall have the meanings ascribed below: 2.1. “Application” means the relevant mobile application(s) made available for download by Yummi Hero (or its licensors) to Consumers and Partners respectively; 2.2 “Consumer” or “User” means any end-user who accesses or uses the Platform/Application to search for and obtain the Solutions; 2.3 “Consumer Charges” or “User Charges” means charges incurred by Consumers for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions; 2.4. “Yummi Hero” / “we” / “our” means: 2.4.1. Yummi Hero Sdn. Bhd. 2.4.2. the relevant subsidiary, affiliate, associated company of Yummi Hero Sdn. Bhd. 2.5. “Yummi Hero Policies” means the following: 2.5.1. the Terms of Service; 2.5.2 the Delivery Service Policy; 2.5.3. the Privacy Policy; 2.5.4. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time; 2.6 “Partner” means the independent third parties (who are not Yummi Hero) who provide the relevant Solutions to Consumers through the Service, including (a) driver-partners, delivery-partners, (b) merchant-partners such as home chef, home baker and/or homemade food seller, and (c) any other relevant goods and services providers; 2.7. “Platform” means the Application, Software and any other platform, portal or website which Yummi Hero owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Service and/or Solutions; 2.8. “Service” means the linking of Consumers to Partners or other Consumers through the Application, Platform and/or Software; 2.9. “Software” means any software associated with the Application which is supplied made available for download and installation by Yummi Hero; 2.10. “Solutions” means the transportation, food and beverage, groceries, logistics and/or other products and services which are made available to Consumers through the following offerings: 2.10.1. Yummi Hero; 2.10.2 Any such other services which Yummi Hero may make available from time to time; and 2.11. “You” refers to the Partner and/or Consumer as may be applicable. 3. COMPLAINTS 3.1. Any complaints between Partners and Consumers must be taken up with each other directly. 4. ORDER PLACEMENT 4.1 The Platform/Application allows you to place orders for food and beverage from Partners who are merchants which at your option when placing the order(s), may be delivered to you by an Partners who are delivery-partners or be made available for self pickup (if such self pickup option is available) from the respective merchants or pickup point provider during the time period as specified in the Platform/Application or otherwise communicated by Yummi Hero. Yummi Hero does not own, sell or resell any food and beverage items and does not control any of these Partners or any services provided by them. You understand that any order that you place shall be subject to the product availability and delivery location serviceability on the part of the Partners. 4.2 All food and/or beverage order and delivery bookings placed on the Platform/Application (“Food Order”) are treated as confirmed. You shall not be entitled to cancel a Food Order after it is confirmed. If you cancel a Food Order after it has been confirmed, you remain liable to pay the applicable fees for the Food Order in full regardless of whether it has been prepared by the relevant Partner. For the avoidance of doubt, where you have opted to self pickup a Food Order, you will be deemed to have cancelled the Food Order by not collecting it within the time period specified in the Platform/Application or otherwise communicated by Yummi Hero. Neither Yummi Hero nor the Partner shall be responsible to retain the Food Order for your collection after the said period has lapsed. 4.3 Upon your placement of a Food Order, it means you have already acknowledged, agreed and confirmed the details of the order, no changes can be made. The relevant Partner(s) may text you on the built-in chat system for any changes in the order (for instance, due to unavailability), the price to be paid or any changes thereof and/or the estimated delivery time. For the avoidance of doubt, Yummi Hero is not involved in and will not be responsible for any such separate arrangement between you and the Partner(s) where such arrangement is not confirmed and recorded on the Platform/Application. 4.4 Yummi Hero may call you on the telephone or mobile number provided to top up for the delivery service fee due to the distance has over your paid amount or our initial offer/promotion. You may proceed to top up the amount or request to cancel the order under this circumstance. 4.5 Yummi Hero and/or the relevant Partners may not process your Food Order in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Platform/Application, or unavailability of items ordered. 4.6 The prices of food and beverage items reflected in the Platform/Application are determined solely by the relevant Partners and are listed for information only. 4.7 Prices of food and beverage items as reflected in the Platform/Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the relevant Partners, be incorrectly reflected and in such an event the relevant Partners may cancel your order(s). 4.8 The merchant Partner shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you. 4.9 You are responsible for ensuring that the delivery details entered by you on the Platform/Application are accurate and complete. Yummi Hero shall not be liable in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Platform/Application. 4.10 After the delivery of the food and beverage items, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf. 4.11 Where you place an order for alcohol and/or content alcohol food/beverage via the Platform/Application, you warrant you and any other person for whom you are placing the order for are (i) at least twenty-one (21) years old; (ii) non-Muslim; and (iii) capable of understanding that consumption of alcohol may be harmful for your health (“MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”). 4.12 The relevant Partner shall have the right to (i) request to be shown your ID for age verification purposes; and to, (ii) refuse to deliver any alcoholic product to any person who at the time of delivery or self pickup (A) does not appear to be at least twenty-one (21) years old and non-Muslim or (B) cannot prove that he/she is at least twenty-one (21) years old and non-Muslim or (C) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or self pickup and in such an event you agree that Yummi Hero and the relevant Partner(s) shall not be liable to make any refund for payment already made to you. 4.13 In the event you are under twenty-one (21) years old and non-Muslim, you hereby agree to solely bear the legal consequences, and agrees to indemnify, defend and hold harmless Yummi Hero and the relevant Partner(s), their respective subsidiaries, affiliates, directors, officers, agents, co-branders or other partners (“Indemnified Party”), from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to any action in attempting to deceive, manipulate, conceal Yummi Hero, the relevant Partners, in relation to inaccuracy or breach of its representations, and/or its beach of any law or any rights of a third party, including but not limited to the aforementioned minimum age limit. 5. DELIVERY 5.1. You will provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that Yummi Hero may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Yummi Hero has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice. No any payments will be refund and/or compensation(s) will be made; 5.2. The delivery-partners reserve the rights to leave your Food Order at the designated address, drop off point which indicated on the Platform/Application or return the Food Order back to Yummi Hero HQ and to leave the premise after 5 minutes should we not receive any response to telephonic correspondence and we will not be liable for any losses/damages caused by your no-show behaviour and negligence. 5.2.1. You are responsible to bear the delivery fee of returning trip to Yummi Hero HQ. We will keep your Food Order for 48hours starting from the time we received your returning food and beverage from the delivery-partners. The food and beverage will be thrown away when no further action received from your side (for instance, due to uncontactable or no-show). Your food and beverage can only keep at Yummi Hero HQ up to 7days. 5.2.2. You may come to Yummi Hero HQ to collect your Food Order during our working hours. 5.2.3. You are responsible to pay any fees incurred by coming to Yummi Hero HQ and/or the further delivery service(s) arrangement either by you or us. 5.2.4. Yummi Hero will not be liable and/or compensate for any direct or indirect losses, damages, costs and expenses suffered or incurred as a result of the theft, rotten/spoiled food, or any issues happened regarding to the food whether is caused by the delivery-partner(s), merchant-partner(s) or us during the time of leaving your Food Order at the designated address, drop off point or storage at Yummi Hero HQ under the circumstance of clause 5.2. 5.3 In regard to food quality, missing items, packaging and/or any food relevant issues, you may contact the merchant-partner(s) first using the Platform/Application built-in chat system to clarify the issue(s). You may contact us when (a) the issue cannot be solved; (b) to reach mutual agreement between you and merchant-partner(s) or (c) the issue is not caused by our merchant-partner(s). Please feel free to contact or email us for letting us know if you have any comments, complaints or compliments regarding the delivery service.