1. Access to Halomac. User(s) is required to access the Application provided by the Company by scanning the QR code of Halomac (as appears on a digital screen at the top of Halomac) in order to unlock the door for purchasing.
2. Sufficiency of Credit in Account. User(s) shall ensure sufficient fund required to purchase the minimum price of any product or goods are available in the e-account of the Application. In the event that the fund standing in the account is lesser than the lowest price of product or goods, User(s) is required to reload additional fund in the Application before any purchasing could be made.
3. Reload/Top-Up. User(s) may top up online onto his/her account in the Application by using iPay88 in Malaysia. Any personal data which the User(s) has provided to the Company in order to do so will be held pursuant to Halomac Privacy Policy on servers in Malaysia and by proceeding with the topping up transaction, the User(s) shall be deemed to have agreed to this arrangement. Transferring balance of one (1) Halomac Application Account with another Halomac Application Account is not allowed. The minimum amount that can be loaded into a Halomac Application Account is Ringgit Malaysia Twenty only (RM20). A maximum amount of Ringgit Malaysia Five Hundred (RM500) is permitted on a Halomac Application Account at any given time (regardless of the number of reload/top-up made by User(s)). The Company may revise these maximum and minimum limit at any time by notifying you at our website (www.halomac.com) and such change shall not constitute an amendment to this Agreement.
4. Once the door of Halomac is unlocked, User(s) may choose any food/product made available in the Halomac and User(s) to ensure availability fund in e-account is sufficient to purchase the desirous food/product.
5. User(s) should be aware that any food/product that is taken out of Halomac during the User(s)’ purchase is considered sold to the User(s). Accordingly, User(s) is advised to not allow any third party to take the food/product when User(s) is performing the purchase.
6. User(s) is advised to handle the food/product gently, with due care and attention so as to not damage the packaging or tag of the food/product. Any damage caused to the packaging or tag of the food/product by the User(s) is considered sold to the User(s).
7. User Alert. User(s) is reminded to ensure that each food/product to be purchased by the User is properly affixed with a Halomac sticker. In the absence of such Halomac sticker, User shall refrain from purchasing the said food/product and is advisable to lodge a complaint to the Company via the Application as soon as practicable.
8. Once the User(s) has selected the food/product of his/her choice, please proceed to close the Halomac door to complete the transaction. As soon as the door is closed, the payment will be deducted in the User(s)’ account in the Application. The User shall ensure that the Halomac door is properly closed and the Application has indicated that the transaction is duly completed. In the event that the Halomac door is not closed properly and left opened (save for reasons not at the fault of the User such as machine or system malfunction), the subsequent purchase made by the next User shall be deducted from the former User’s account. The User further agrees that he shall immediately inform the Company in the event of machine or system malfunction.
9. User(s) shall ensure that he/she is taking the food/product taken out of Halomac and making sure that the product User(s) is purchasing is in accordance with your intention. In the event that the User(s) has taken additional food/product and he/she has insufficient balance in the account in the Application, the price of such food/product would be charged against the said account. The User(s) would not be allowed to access to Halomac for his/her subsequent purchase unless and until he/she has reloaded the necessary amount of fund for payment of the said additional food/product. For the avoidance of doubt, the User(s) is required to reload the additional shortfall within three (3) days from the day of the purchase failing which the Company is entitled to suspend the User(s) uses of the Application. Upon such suspension, User(s) is required to contact the Company to resolve the unpaid shortfall in order to revoke such suspension. The Company hereby reserves all its rights to initiate a legal action(s) or to notify the relevant authority(ies) for the purposes of recovering the shortfall in payment from the User.

Refund

No Refund. The User(s) understands that any sum reloaded into the account in the Application is not refundable and such sum shall be kept in the account of the Application for any future purchase by the User(s).

Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes (in particular, Service Tax), duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.

License Grant & Restrictions

The Company, where applicable, hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal and non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way whatsoever; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software; (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software; (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or (vii) engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

Intellectual Property Ownership

The Company, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the Merchants’ and Delivery Service Providers’ names, logos and images and the product names associated with the Software and/or the Application are trademarks or otherwise subject to intellectual property rights of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

Content Posted by Other Users

The Company shall not and will not responsible for, and does not endorse, any content in any posting made by other users on the Application. Under no circumstances shall the Company be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any content posted by a third party on the Application. If you become aware of misuse of the Application by any person, please contact the Company by mail at: support@halomac.com or other means of communication as may be provided by the Company from time to time.

If you feel threatened or believe someone else is in danger, you should contact the local law enforcement authority immediately.

Confidentiality

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of the continuance of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose.

The above obligations of confidentiality shall not apply to the extent that you can show to the satisfaction of the Company that the relevant information:

• was at the time of receipt already in your possession;

• is, or becomes in the future, public knowledge through no fault or omission of you;

• was received from a third-party having the right to disclose it; or

• is required to be disclosed by law or competent authority in Malaysia.

Indemnification

By agreeing to the Terms of Use upon using the Service, you hereby agree that you shall defend, indemnify and hold the Company its subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including solicitors’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation and/or delivery service providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including any merchant, or third party transportation and/or delivery service providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application.

Disclaimer of Warranties

The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, the Application, the Software and/or the Hardware. The Company does not represent or warrant that (A) the use of the Service, the Application, the Software and/or the Hardware will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (B) the Service will meet your requirements or expectations; (C) any stored data will be accurate or reliable; (D) the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations; (E) Errors or defects in the Application, the Software and/or the Hardware will be corrected, or (F) the Application or the server(s) that make the application available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.

The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any products or services, including but not limited to Merchants’ products or other products and services obtained by or from third parties through the use of the Service, the Application, the Software and/or the Hardware. You acknowledge and agree that the entire risk arising out of your use of the Service, and any third party products and services, including but not limited to Merchants’ products or other products and services remains solely and absolutely with you and you shall have no recourse whatsoever to the Company. For the avoidance of doubt, the Merchants are independent food/product provider and they do not possess any affiliation, partnership, employer and employee relationship, or as an agent of the Company.

Internet Delays

The Service, the Application, the Software and/or the Hardware may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the Merchant being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, failures, damages or losses resulting from such problems.

Limitation of Liability

Any claims against the Company by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the Service during the event giving rise to such claims. In no event shall the Company be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). The Company shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have used the Service, the Application, the Software and/or the Hardware including but not limited to loss, damage or injury arising out of, or in any way connected with the Service, the Application, the Software and/or the Hardware including but not limited to the use or inability to use the Service, the Application, the Software and/or the Hardware, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider, merchant, advertiser or sponsor whose advertising appears on the website or is referred to by the Service, the Application, the Software and/or the Hardware, even if the Company has been previously advised of the possibility of such damages.

The Company does not and will not assess nor monitor the suitability, legality or ability of any third party providers including the Merchants, advertisers and/or the sponsors and you expressly waive and release the Company from any and all liability, claims or damages arising from or in any way related to the third party providers including the Merchants, advertisers and/or sponsors.

The Company will not be a party to disputes, negotiations of disputes between you and such third party providers including the Merchants, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the Service, the Application, the Software and/or the Hardware (with all its implications) rests solely with and on you. You expressly waive and release the Company from any and all liability, claims, causes of action, or damages arising from your use of the Service, the Application, the Software and/or the Hardware, or in any way related to the third parties including the Merchants, advertisers and/or sponsors introduced to you by the Service, the Application, the Software and/or the Hardware.

The quality of products and services through the use of the Service, is entirely the responsibility of the third party providers who ultimately provides such products and services to you. You understand, therefore, that by using the Service, you may be exposed to products and services that is (or potentially) dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the Service at your own risk.