Terms of Service

User Terms & Conditions

This website is brought to you by Platesmith Group Sdn Bhd (together with its related companies “we” and “us”). These terms and conditions set out below (“Terms”) apply to your use of the Platesmith Group website and the services we provide. By using this website (including by making a booking or setting up an account), you confirm that you agree to these Terms, and to any amendments we make from time to time. Please read them carefully. If you do not accept the Terms you must immediately stop using the website and services.

 

Amendments

We may need to update these Terms from time to time to reflect changes in law or the services that we provide. You are encouraged to regularly check these Terms for any updates. If we make any material changes that may affect you, we will try to notify you by email or by means of a notice on this site prior to the change becoming effective. If you do not agree to those changes you can terminate your Platesmith Group account at any time.

 

Disclaimer and disclosure

This website has been developed in an effort to provide users with the ability to make bookings and orders at participating restaurants, and to help keep you informed about our news. However, in presenting you with this information and assisting with reservations, Platesmith Group is proving a booking and sales platform only and Restaurants are alone responsible for their interactions with you.

While every effort will be made to ensure the advertisements and information contained within our websites is accurate and up to date, we make no warranty as to the accuracy, completeness, or usefulness of the information, nor do we assume any legal liability or responsibility for this.

 

 

No-Show Policy

Platesmith Group is committed to providing superior quality services to users and to the our restaurants. To assist us in maintaining a consistently high level of service, users must cancel any reservations that they will be unable to honor at least 120 minutes in advance of the reservation. You may cancel your reservation via the automated email/mobile ‘Confirmation’ communication sent at the time of booking or by calling the restaurant directly.

You may also be required to follow the cancellation policy of the restaurant you book with, which is disclosed at the time the reservation is made and some restaurants may require a debit or credit card number to finalize your reservation. In order to use the reservation services for these restaurants, you must provide valid debit or credit card information. To confirm that the debit or credit card information you have provided is accurate, we may place a temporary authorization on your debit or credit card at the time you provide your debit or credit card information. After we verify that your debit or credit card information is accurate, usually within a few days, the authorization will be removed. Platesmith Group will only use the debit or credit card information you provide in the ways described in our privacy policy.

The restaurant you book with may have the right under its cancellation policy to make a charge to your debit or credit card in compliance with that policy. Platesmith Group will not have any liability for any charges made to the debit or credit card account due to any failure to cancel your reservation in accordance with a restaurant’s cancellation policy.

If you fail to honor your reservation (and you did not cancel at least 120 minutes in advance) the restaurant via Platesmith Group will send you an email letting you know that our records indicate you were a “no-show” for your reservation. If you receive a “no-show” notification email in error, please click here for information on how to dispute it. Your Platesmith Group account will be terminated if you are a “no-show” for four reservations within a 12-month period. Users agree that all final “no-show” determinations will be made by the restaurant acting at its discretion.

If you wish to create a booking history, favourites list or rate a restaurant you will need to register an account with us and provide the information we require.

 

Your Account

If you wish to purchase online you will need to register an account with us and provide the information we require.

It is your responsibility to keep your login information and your password safe and secure. We suggest you choose a strong password and keep that confidential at all times. If there is any activity undertaken with your login details then you are responsible. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else then you must notify us as soon as possible. You must also change your password immediately. You agree to indemnify Platesmith Group against any and all liability we suffer arising out of your failure to maintain the confidentiality of your username and password.

You confirm that the information you provided to us on registering as a registered user was at the time you provided it current, complete and accurate, and you agree to maintain and update the information as required to keep it so.

You will own all the content and information that you submit to your account. You are granting Platesmith Group and our affiliates a non-exclusive, worldwide, transferable, and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide, without any further compensation to you or others.

You can end this right by deleting content from your account, or by closing your account, except where (a) you shared it with others and they used, copied, or stored it, (b) we shared it with others and they used, copied, or stored and (c) we are required to retain such content as part of our client records, as required by law and/or as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

You agree you will only provide content or information that is truthful, complies with the law and does not infringe anyone’s rights (including intellectual property rights).

You also agree that we have no obligation to maintain copies of any content or information that you or others provide. We are only required to provide you with copies of such content as required by applicable law and as noted in our Privacy Policy.

If you use any communication tools available through the Platesmith Group website (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the Platesmith Group website, including (without limitation) offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Platesmith Group website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Platesmith Group website, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the Platesmith Group website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: hello@platesmith.com.my.

 

 

Our Liability

To the extent permitted by law, we (and our officers, employees, agents, service providers, related companies and other bodies corporate) exclude all liability (including in contract, for negligence or otherwise) for any loss, damage (whether direct, indirect or consequential and including loss of data, opportunities, reputation or profits), costs or expenses suffered by you or in respect of claims made against you, however caused, in connection with:

– your use of our website (and its materials and services) or any other website that you access via the Platesmith Group website;
– any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to our website or any other website that you access via the Platesmith Group website;
– any fraudulent or unauthorised use of your Platesmith Group account; and
-your use of any products, goods or services supplied or offered on the website or communicated to you by any one or by any restaurant available on the Platesmith Group website.

These Terms must be read subject to our obligations to you to guarantee the quality and fitness for purpose of our services under consumer protection laws like the Malaysian Consumer Protection Act 1999. Nothing in these Terms overrides or restricts those obligations. However, we emphasize that we do not provide those guarantees in relation to products or services supplied to you by any advertiser.

 

Changes to our website

We may change or discontinue any of the services we provide through the website at any time. We are not obligated to store or display any information, articles or content on our website and can remove it in our sole discretion, with or without notice to you.

 

Linked Sites and Apps

If you allow a third party app or site to authenticate you or connect with your Platesmith Group profile, that app or site can access your information on Platesmith Group. Third party apps and sites have their own legal terms and privacy policies and you should check these before proceeding.

The Platesmith Group website may also contain links to external sites. Those sites, together with any third party app or sites you use to connect with Platesmith Group, are not under Platesmith Group’s control. No link appearing on the website and no external sites linked to the website are endorsed by Platesmith Group and no responsibility is taken for material in them. You are responsible for deciding if you want to access or use these and you agree that by accessing such third party apps or sites you are doing so at your own risk and you agree to fully indemnify Platesmith Group against any liability arising out of your accessing any linked site.

 

Third Party Content

Articles, reports or content on the website provided by a named third party express their views, and do not necessarily reflect the views of Platesmith Group.

 

Intellectual Property

You acknowledge that all content on the website is our exclusive property or is used with the express permission of the copyright and/or trademark owner. No content featured here may be reproduced, published or transmitted without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.

‘Platesmith Group’ is our trade mark. All rights in this trade mark are expressly reserved. Unless otherwise indicated, all other trademarks appearing on the website are the property of their respective owners and may not be used by you without obtaining the owners’ express permission.

By providing feedback to us regarding our website, you agree we can (but do not have to) use and share such feedback for any purpose without compensation to you.

 

Technical difficulties

You acknowledge that your use of the website and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, Platesmith Group and its service providers do not make any warranty that the website or services will be error free, without interruption or delay or free from defects in design or engineering.

 

Using the website

You agree that when using the website, you will not
1.) Develop, support or use software or any other means to scrape the website or otherwise copy data from the website;
2.) Bypass or circumvent any access controls or use limits;
3.) Copy, distribute or use any information obtained from the website without our consent;
4.) Violate the intellectual property rights or other right of Platesmith Group or any others;
5.) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the website or any related technology;
6.) Access the website except through the interfaces expressly provided by Platesmith Group;
7.) Use the website for tasks that it is not intended for;
8.) Override any security feature of the website; and/or
9.) Interfere with the operation of, or place an unreasonable load on, the website.

 

Privacy

You acknowledge that you have read and understood the terms of the Platesmith Group Privacy Policy available on this website. You agree that we may access, store, use and disclose personal information that you provide in accordance with the terms of that Privacy Policy.

If you make contact with a person or company through the website and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the website without the prior consent of that person.

 

Indemnity

To the maximum extent permitted by law, you specifically agree to indemnify and hold Platesmith Group and its affiliates, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities we suffer relating to your use of the website, the services Platesmith Group provides or their use by any person on your behalf, or your failure to comply with these terms and conditions.

 

Termination

We reserve the right to decline to register or to suspend, limit, cancel or disable your account and access to the website and services without prior notice: (i) if we reasonably believe that you or someone authorised by you breaches any of the Terms or our Privacy Policy; (ii) if we consider it necessary due to technical or security issues, (iii) if there is a prolonged period of inactivity on the website by you; (iv) if we are requested to do so by a government or law enforcement agency; (v) or if we otherwise consider it necessary in our sole discretion. We are not required to provide any reasons for a decision to suspend, limit, cancel or disable your access or membership. In the event of termination, you agree that you will not open or attempt to open any new Platesmith Group account.

Upon termination of your account you will be restricted from accessing any member restricted area of the website and submitting any material to us. Any material or information previously submitted by you or other information held by us in relation to your use of the website or services may be deleted and if this occurs it cannot be returned to you.

 

Disputes

If any dispute arises between you and us, we both agree in good faith to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any formal legal action.

Please note that any dispute which arises in relation to any product or service you access or are introduced to via Platesmith Group must be resolved between you and the relevant Advertiser. You agree that Platesmith Group has no responsibility for the quality, suitability or any other aspect of any product or service that is advertised on this website and you will not involve us in any dispute or in the resolution of disputes that arise between you and an Advertiser.

 

General

The illegality, invalidity or unenforceability of any part of the Terms will not affect the legality, validity or enforceability of the remainder.

These Terms are governed by, and construed in accordance with the law in force in Malaysia. The parties submit to the non-exclusive jurisdiction of the Malaysian courts for any proceedings in connection with these Terms.

 

 

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