Pona Terms of Service
IMPORTANT LEGAL NOTICE
These Website Terms are only in the English language.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: Pona is a company registered in Malaysia with registration number 1348095-A. 1.2. Product Orders: We provide a way for you to communicate your orders ("Orders") for products ("Products") to our talented network of home cooks ("Home Cooks") displayed on the Website. The legal contract for the supply and purchase of Products is between you and the Home Cook that you place your Order with and we will conclude the sale of Products on behalf of, and agent for the Home Cooks in all cases. 1.3. Marketing: 2. WEBSITE ACCESS AND TERMS 2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone. 2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website. 2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
3. YOUR STATUS
3.1. Capacity and age: By placing an Order through the Website, you warrant that: 3.1.1. You are legally capable of entering into binding contracts with a Home Cook; and 3.1.2. You are at least 18 years old. 3.2. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact us to clarify the Home Cook directly to check that the food is suitable for you, before placing your order directly with them.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. Compiling your Order: Once you have selected the Products you wish to order from the menu of your chosen Home Cook and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Home Cook and errors cannot be corrected (subject to paragraph 4.2. below). 4.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Home Cook in order to communicate your requests. However, there is no guarantee that we will be able to reach the Home Cook or that the Home Cook will agree to your requests as they may have already started processing your Order. 4.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Home Cook. 4.4. Processing your Order and Home Cook rejections: On receipt of your Order, we will send it to the relevant Home Cook and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with a Home Cook but does not necessarily mean that your Order will be fulfilled by the Home Cook. We encourage all our Home Cooks to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Home Cook rejects your Order. However, Home Cooks have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Home Cooks will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 5.6 below. 4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Home Cooks and are only estimates. Neither we nor the Home Cooks guarantee that Orders will be delivered or will be available for collection within the estimated times. The vast majority of orders are delivered within the agreed delivery window.
5. PRICE AND PAYMENT
5.1. Delivery costs: Prices will be as quoted on the Website. These prices include relevant taxes but may exclude delivery costs and any administration or service charge imposed by the Home Cook. These will be added to the total amount due where applicable. 5.2. Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Home Cook is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing. 5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card. 5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the delivery driver at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. 5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by Pona, and you pay for any balance by credit or debit card. 5.6. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Home Cook (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Home Cook will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. CUSTOMER CARE
6.1. General: We want you to be delighted with your order. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the "Need help?", "Help" or similar button or by sending us a What’sApp message. 6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Home Cook in order to follow up on your query. 6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to contact the Home Cook in order to communicate your requests. However, there is no guarantee that we will be able to reach the Home Cook or that the Home Cook will agree to your requests as they may have already started processing your Order. 6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Home Cook, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process. 6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Home Cook and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact us within 12 hours of your order being received, documenting the problem that you have with photographic evidence, if possible.
7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website on the following basis: 7.1.1. You must not illegally copy our content or misuse the Website. 7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. 7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text. 7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged. 7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so. 7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission. 7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. WEBSITE ACCESS
8.1. Website availability: We do not guarantee that the Website will be available at all times, and on all platforms. 8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice. 8.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9. LINKS TO AND FROM OTHER WEBSITES
9.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. 9.2. Linking permission: You may link to the Website's homepage (http://pona.app), provided that: 9.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation; 9.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists; 9.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews)); 9.2.4. we have the right to withdraw linking permission at any time and for any reason.
10.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material. 10.2. Allergy, dietary and other menu information: When a Home Cook signs up with us, they have to provide us with up-to-date menu information. We then include this on their dedicated page on the Website. Where this information includes allergy or other dietary information, we will do our best to republish this information on the website or app exactly as it appears on the Home Cook's menu. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact us before placing your order. While we will do our best to get accurate information from the Home Cook on your behalf, we can never guarantee complete accuracy. 10.3. Home Cook actions and omissions: The legal contract for the supply and purchase of Products is between you and the Home Cook that you place your Order with. We have no control over the actions or omissions of any Home Cooks. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website: 10.3.1. We do not give any undertaking that the Products ordered from any Home Cook through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties. 10.3.2. Estimated times for deliveries and collections are provided us and are only estimates. Neither we nor the Home Cooks guarantee that Orders will be delivered or will be available for collection within the estimated times. 10.3.3. We encourage all our Home Cooks to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Home Cook rejects your Order. However, we do not guarantee that Home Cooks will accept and fulfil all Orders, and Home Cooks have the discretion to reject Orders at any time because they are too busy, if you fail to provide proof of age for purchases of alcohol, cigarettes or other smoking products when required, due to weather conditions or for any other reason. 10.3.4. The foregoing disclaimers do not affect your statutory rights against any Home Cook. 10.4. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).
11.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights. 11.2. Exclusion of liability: Subject to clause 11.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for: 11.2.1. any loss of profits, sales, business, or revenue; 11.2.2. loss or corruption of data, information or software; 11.2.3. loss of business opportunity; 11.2.4. loss of anticipated savings; 11.2.5. loss of goodwill; or 11.2.6. any indirect or consequential loss. 11.3. Limitation of liability: Subject to clauses 11, 11.1 and 11.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order. 11.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
12.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website.
13. WRITTEN COMMUNICATIONS
13.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. EVENTS OUTSIDE OUR CONTROL
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event"). 14.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 14.2.1. strikes, lock-outs or other industrial action; 14.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 14.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 14.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 14.2.5. impossibility of the use of public or private telecommunications networks; and 14.2.6. the acts, decrees, legislation, regulations or restrictions of any government. 14.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
15. ADDITIONAL TERMS
16. GOVERNING LAW AND JURISDICTION
16.1. These Website Terms shall be governed by and construed in accordance with Malaysian law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Malaysian courts.