Terms & Conditions

Updated as at March 2019

Dinez In Online Sdn Bhd (“Didieat”) welcomes you to our online meal-sharing platform that connects kitchens with customers. Each of Didieat users, whether chefs or customers (“User”), may use the services of Didieat in accordance with the terms and conditions hereunder.

  1. Acceptance of the Terms
    • By using Didieat, you represent and warrant that you are age 18 or above, and you acknowledge that you have read, understood and agree to the following terms and to comply with all applicable laws and regulations relating to your use of Didieat. If you do not agree to any of the terms, do not use Didieat in any manner. We reserve the right to modify, update or amend these terms from time to time. We will make reasonable efforts to notify you of any material amendments via announcements on our website or other appropriate means. Please check these terms from time to time to see if there are amendments to the terms. You may check the date that these terms were last updated which appears at the top of these terms.

  2. What can Users do on Didieat?
    • What can Users do on Didieat?
      1. offer your cooking services (“Kitchen”); or
      2. use Didieat service (“Customer”).
    • As an online meal sharing platform connecting Kitchen to Customer, Didieat does not supervise, instruct, prepare or assist in the preparation of the food served and accordingly shall not be regarded as a partner, agent or distributor of the kitchen, nor as a food vendor or restaurant in any way.

    • The User, whether as Kitchen or Customer, has the sole responsibility to determine and comply with all applicable laws, regulations, standards, religious duties or any other duty relating to the activities to be undertaken.

    • In particular, Users who offer services as a Kitchen shall be solely responsible for (i) procuring any applicable permits, licenses or approvals in respect of the sale and serving of food and beverages, and (ii) maintaining high standards of health, safety and hygiene.

    • Didieat is not obliged to inform any User of any laws, regulations, permits or approvals applicable to or required by the Users as such requirements may vary from time to time and may vary from Events or Users. However, you may refer to our FAQ which sets out various laws, regulations, permits or approvals that may be relevant and applicable to certain Users. The information contained in the FAQ does not amount to any advice or assumption of responsibility on Didieat’s part and Didieat does not accept any liability for any losses, damages, costs or expenses that you may suffer or incur as a result of any act or omission in connection with your use of Didieat and your participation in the Event.

  3. User Registration
    • To register as a Kitchen or Customer on Didieat you must sign-up for an account with Didieat and complete the relevant details and information requested, which may vary depending on whether you register as a Kitchen or Customer. You will be asked to choose a password, which must be kept secure and confidential at all times. The personal data you voluntarily provide to us shall be processed according to our Privacy Notice as published on https://www.didieat.com.my/privacy-policy. You represent and warrant that the information you provide to us is true, accurate and complete.

    • If you use your Facebook account to register with us, you hereby grant us permission to access and use your information through your Facebook account, as permitted by Facebook, and to store information to enable us to provide to you our services.

    • As a Kitchen or Customer, you will have a personal profile which you may edit at any time. Information included in your profile which is marked as public shall be available for viewing to other Users and all internet users. Notwithstanding that, your home address and contact details as a Kitchen shall not be made public and will not be disclosed.

  4. Bookings and Fees (for Customer only)
    • To make a booking as a Customer, you must first register an account with Didieat.

    • You may then make a booking for Mealbox, Long Term Subscription or Event Catering with the Kitchen of your choice (“Booking”). As part of the Booking process, you will need to submit details relevant to your Booking (such as any food allergies, special dietary needs, if any), which shall be accurate and truthful as it shall form the basis of your agreement and transaction with the Kitchen.

    • Upon confirmation of Booking by the Kitchen, Didieat will notify you to make full payment in order to complete the Booking. The Customer must proceed to make full payment through our online payment system(s), which currently include ipay88, Paypal and online banking, failing which the Booking will not be completed. In the course of effecting payment for the Booking online, the various payment systems may separately impose additional transaction fees or bank charges, depending on the type of payment system/mode selected.

    • All prices listed on the website of the products and services is the price of listing at that given time. Our company reserves the rights to change and amend these price lists.

    • If and when required by law to do so, Didieat may impose any taxes, including sales and services tax (SST) on any applicable payments, and such taxes will as far as possible be displayed clearly on the payment processing page of the website, prior to the Customer making payment.

  5. Posting Prices (for Kitchen only)
    • Gross amount that the Kitchen will expect to receive for the product (“Kitchen Fee”) shall include all applicable taxes (including SST) that the Kitchen will need to determine and charge under existing laws.

    • Unless otherwise agreed in writing, Didieat will impose a mark-up being Didieat’s service fee of 15% on the Kitchen fee for meal box and long-term subscription and 20% on the Kitchen fee for event catering and any additional applicable taxes and/or charges that needs to be imposed by Didieat (“Didieat Fee”). The website will therefore display the total amount payable by the Customer, which includes, the Kitchen Fee and Didieat Fee and all applicable taxes. Our company reserves the rights to revise the Didieat Fee, subject to a prior written notice to all Kitchens.

    • The amount to be released by Didieat to the Kitchen shall be calculated based on the Kitchen Fee and deemed to be inclusive of any applicable taxes including SST chargeable by the Customer. Neither the Customer nor Kitchen shall have any additional claims against Didieat for any such taxes payable or which should have been collected or for any tax refunds.

    • Kitchen shall notify Didieat of any discrepancies or errors on the same within 3 days of payment, failing which the Kitchen Fee is deemed to be correct.

    • Didieat will effect payments of the Kitchen Fee to the Kitchen on the 1st Thursday of each month, through 3rd party payment systems including ipay88, Paypal, and the Kitchen agrees for all payments to be subject to foreign currency conversion (if any) and a deduction for transaction fees and/or bank charges, if and where imposed by such payment systems.

    • Didieat reserves the right to fund and provide discounts and promotions on the Kitchen’s meals for any Customers, at the own expense of Didieat.

  6. Placement of Orders
    • Some of the goods may be suitable to certain kind of diet. You should check that the product that you are ordering is suitable to your particular health or diet.

    • Didieat will not take responsible from any damaged goods or foods from the restaurant or outlet that you have selected.

    • Any orders that you have placed are subjected to delivery capability, product availability and acceptance by the necessary restaurant and us. When you have placed your order online, Didieat will notify you with an email or other forms of notification subject to our company's policy. This confirmation will be produced immediately and you must inform Didieat immediately if information is incorrect.

  7. Delivery Time
    • Our delivery time stated is by approximation only and may vary. Didieat will, at our capability deliver the orders to the designated address.

    • Correct and accurate address must be given when placing orders. Didieat will not be responsible or bear any cost if address given is incorrect or inaccurate. Didieat will not be responsible for late delivery due to the incorrect information/address or instructions provided by customer.

  8. Complaints from Customers
    • All Kitchens shall endeavor to accept all orders from Customers when the Kitchen’s store in Didieat’s platform is made available to the Customer for purchase of its Meals. In the event a Kitchen cancels more than 2 orders per month, the Kitchen shall be liable to a fine of RM150.

    • Didieat reserves the right to charge back, forfeit from the Kitchen’s deposit or offset against any of the Kitchen’s earned but unpaid credit or monies withheld by Didieat (whichever the case may be) up to 100% of the Kitchen Fee if:

      1. Didieat receives a complaint from a Customer in relation to the Kitchen; and

      2. In Didieat’s sole and absolute discretion after due investigation, Didieat is of the opinion that the Kitchen has committed:

        1. a misconduct;

        2. the Mealbox / Catering was inconsistent with what was represented by the Kitchen of its services whether on its profile or otherwise; or

        3. the service standards of Didieat was not met by the Kitchen

        4. order cancellation for more than 2 times per month

  9. Personal Data
    • To register as a User on Didieat and to place a booking with the Kitchen, you will be asked to provide your personal data (including sensitive personal data such as your allergies and/or medical condition) which we will process in the manner as set out in our privacy notice available at https://www.didieat.com.my/privacy-policy. By using the services of Didieat, you agree that you have read and understood the Privacy Notice and agree to the processing of your personal data in such manner as set out therein.

  10. Restrictions of Use
    • In order to maintain the levels of service standards acceptable to Didieat, the Kitchen is required to meet and maintain certain qualifying criteria communicated to the Kitchen from time to time and participate truthfully in verification procedures implemented by Didieat.

    • All Kitchens shall ensure that the meals ordered by Customers are packaged in a reasonable manner where it is tidy, presentable and fit for delivery. The Kitchen shall also ensure that proper utensils are provided for each Customer’s orders. For events catering, Kitchens are also required to prepare ladle/tongs, garbage bag, serviette, and an amount of utensils (plates, bowls, cup, fork, spoon and other necessary cutleries) that is twice the number of catered pax.

    • All events catering undertaken by Kitchens shall be branded under Didieat. All marketing collaterals (including but not limited to brochures, stickers, name cards, banners and buntings) from Kitchens are not allowed to be advertised to the Customer during the event.

    • You may not, whether by yourself or anyone through your Didieat account:

      1. Use Didieat if you are below 18 years old or for any illegal, unlawful or unauthorized purposes;

      2. Provide any third-party access to your account. You accept full responsibility for any unauthorized use of your account;

      3. Use Didieat for commercial purposes other than as a Kitchen without Didieat’s express prior written consent;

      4. Interfere with or disrupt the operation of Didieat or the servers or networks, or breach any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;

      5. Post, publish, or otherwise make available through Didieat any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

      6. Impersonate any person or entity or provide false information on Didieat, whether directly or indirectly;

      7. Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that a third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about Didieat;

      8. As a Kitchen, provide false or inaccurate information with respect to the service you offer through Didieat for Customer, including, but not limited to any representation you make with respect to your food offer on Didieat.

      9. Transmit, distribute, display or otherwise make available through or in connection with Didieat any content, including User Generated Content, which may infringe third party rights, including any intellectual property rights and privacy rights, or which may contain any unlawful content;

      10. Copy, modify, alter, adapt, make available, reverse engineer, decompile, or disassemble any portion of Didieat in any way;

      11. Bypass Didieat by forwarding your contact details to other Users of Didieat, whether you are a Customer or a Kitchen, to avoid paying the booking fee to Didieat or for other purposes.

  11. User Generated Content
    • Didieat allows you to upload, post and publish through Didieat, your own materials such as text, photos, images and any other proprietary materials ("User Generated Content").

    • As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property.

    • You agree that you are solely responsible for your own User Generated Content and shall fully indemnify Didieat against any claims including but not limited to defamatory statements, infringement or breach of intellectual property, and Didieat shall not be liable for any materials that you publish on Didieat in any way.

    • You represent and warrant that you are the rightful owner of the User Generated Content and that you have all the necessary licenses, rights and consents to publish such User Generated Content and that such User Generated Content does not infringe any third party's copyright or other rights.

    • You shall not post or upload any User Generated Content which is unlawful for you to possess, post or upload.

    • Didieat reserves the right to edit and/or remove the User Generated Content without giving any prior notice, at its absolute and sole discretion.

    • When you upload, post or publish any User Generated Content on Didieat, you grant Didieat an irrevocable, perpetual, non-exclusive, royalty-free license to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available to the public the User Generated Content.

  12. User Representations and Warranties
    • By using the services of Didieat, you hereby represent and warrant that:

      1. You will not infringe or violate any of these terms;

      2. You have the legal authority to enter into these terms and to form a binding agreement under any applicable law, to use Didieat in accordance with these terms, and to fully perform your obligations hereunder;

      3. The execution of these terms do not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;

      4. Didieat, its officers, directors, employees, agents and independent contractors make no representation, warranty or assurance to you with respect to the existence, scope and/or compliance as required or ordered by any applicable laws, rules and regulations and Didieat expressly disclaims any such representations and warranties, express or implied in this regard.

  13. Disclaimer
    • No action or omission of Didieat may be construed as accepting any liability other than as mentioned herein.

    • The services and online meal sharing platform of Didieat, including without limitation any content, data and any information related thereto, is provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.

    • Didieat does not warrant that the website will be uninterrupted or error-free. Didieat may correct, modify, amend, enhance, improve and make any other changes to the website at any time or to discontinue displaying or providing any content or features without a notice to you.

    • Didieat hereby disclaims all liability and warranties with regard to the use of Didieat, including but not limited to the availability, reliability, or quality of the services of Didieat and/or the food and beverage made available through Didieat, including the nature and quality of the food served in such events, and is not and shall not be responsible for any error, fault or mistake of any and all content and information received through Didieat, including by Kitchen or Customer. Didieat does not endorse any entity, product or service mentioned in any user generated content available on Didieat.

  14. Limitation of Liability
    • The use of Didieat is solely at your own risk. Except as provided herein, in no event shall Didieat be liable for any damages whatsoever including, but not limited to, indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious actions resulting from or arising out of Didieat or the use or inability to use Didieat regardless of whether Didieat or an authorized representative of Didieat has been advised of the possibility of such damages.

  15. Indemnity
    • You agree to defend, indemnify and hold harmless Didieat, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses arising from:

      1. your use of Didieat;

      2. your violation of any term of these terms;

      3. your violation of any third party rights, including without limitation any intellectual property rights of the third party; and

      4. your violation of any third party rights, including without limitation any intellectual property rights of the third party; and

  16. Account and Service Termination
    • At any time, Didieat may block your access to Didieat and/or temporarily or permanently limit, suspend or terminate your personal profile, for any reason, at its sole discretion, in addition to any other remedies that may be available to Didieat under any applicable law. Such actions by Didieat may be taken if Didieat deems that you have breached any of these terms in any manner.

    • Didieat may at any time, at its sole discretion, cease the operation of Didieat or any of its services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Didieat does not assume any responsibility with respect to, or in connection with the termination of Didieat’s operation and loss of any data, including User Generated Content.

  17. General
    • These terms shall be governed in accordance with Malaysian law and the parties submit to the exclusive jurisdiction of the courts in Malaysia.

    • If any provision or part of a provision of this Agreement shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Agreement, all of which shall remain in full force and effect.

  18. Cancellation & Refund Policy
    • All orders are subject to the following cancellation terms:

      1. Order cancelled by Customer
        1. If a completed Order is cancelled by the Customer at least 48 hours prior to the Delivery time, the Kitchen shall not be paid any of the Kitchen Fee and the Customer shall be reimbursed the full payment less any commissions and fees imposed by the payment systems to effect the refund;
        2. If a completed Order is cancelled by the Customer between 24 and 48 hours prior to the Delivery time, the customer will be refunded the full payment less (a) 50% of the Kitchen Fee (including taxes), (b) 15% of didieat Service Fee (including taxes) and (c) any commissions and fees imposed by the payment systems to effect the refund;
        3. If a completed Order is cancelled by a Guest less than 24 hours prior to the Delivery time, the full payment made by the Customer shall be forfeited and the Customer shall not be entitled to any refund. Didieat will deem the Delivery to have taken place and accordingly, the Kitchen will be entitled to the Kitchen Fee.
      2. Order cancelled by Kitchen
        1. If a completed Order is cancelled by the Kitchen at any time prior to the Delivery time, Didieat will provide the options of replacing the meal with meal from other kitchen with the same price or higher and refund the full payment paid by the Customer within 7 days of the cancellation;
        2. Didieat reserves the right to charge the Kitchen with the Didieat Service Fee, whether by way of deducting the Kitchen’s deposit or by offsetting against any of the Kitchen’s earned but unpaid credit or monies withheld by Didieat (whichever the case may be), as liquidated damages for administrative fees and payment processing charges incurred by Didieat and/or to blacklist, suspend or remove the Kitchen from the Didieat platform.
    • Didieat shall not bear any liability for any costs, expenses, losses or damages that the Customer may suffer arising out of or in connection to the cancellation of the Booking by the Kitchen or Customer.