Terms &

This Site and Apps are owned and operated by 4Fingers Pte. Ltd. (“4Fingers”) for Gimme4fingers Malaysia Sdn Bhd. The following Terms of Use govern your use and/or access to the Site and Apps. By using or accessing the Site and Apps, you are deemed to have accepted and agreed to be bound by the following Terms of Use. It is your responsibility to ensure that you have read and understood Terms of Use and any accompanying risks, obligations and responsibilities.

Please read these terms of use carefully before you start to use and/or access the Site and Apps. If you do not agree to any part of these Terms of Use, please do not use and/or access the Site and Apps.

DEFINITIONS AND INTERPRETATION

  1. Definitions
“Terms of Use”The terms and conditions contained herein and any amendments as may be made by 4Fingers from time to time and as published on the Site and Apps.
“Personal Data”Data, whether true or not, that can be used to identify, contact or locate you. Personal Data may include your name, e-mail address, billing address, shipping address, phone number and credit card information. Personal Data is governed by our Privacy Policy, which is to be read together with this Terms of Use.
“4Fingers”, “we”, “our”, and “us”4Fingers Pte. Ltd. and its affiliated company(ies) including but not limited to Gimme4fingers Malaysia Sdn Bhd.
“Site”The website located at https://www.4fingers.com.my/
“Apps”Any goods and/or services offered made available by applications made and/or offered by 4Fingers, that you may download and install, or that may come pre-installed, or accessed upon scanning a legitimate and official 4Fingers’s QR Code, on supported operating systems and/or devices.
“you” or “your”Individuals who are 18 years of age or older, or otherwise under the supervision of a parent or legal guardian.

i. Interpretation  

    1. The headings in these Terms of Use are inserted for convenience only and shall not affect the interpretation of these Terms of Use.
    2. Unless the context otherwise requires, words importing the singular shall include the plural and vice versa and words importing a specific gender shall include the other genders (male, female or neuter).
    3. Any reference to conduct includes without limitation, an omission, statement or undertaking, whether or not in writing.

2. ACCESS AND USE OF THE SITE AND APPS

  1. Terms of Use. By using and/or accessing the Site and App, you hereby agree that:
    1. if you are below 18 years old: your parent(s) or legal guardian(s) must consent and signify their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your use of the Site and Apps and of your actions; (ii) any charges associated with your use of any of the services, information and functions made available on the Site and Apps or purchase of any product, good or merchandise (including any part thereof) made available for sale on the Site and Apps; and (iii) your acceptance and compliance with these Terms of Use. You must immediately stop the use/access to the Sit if you do not have such consent from your parent(s) or legal guardian(s).
    2. you will have the option to sign up to be a registered user in order to access and utilise certain functionality made available on the Site and/or 4Fingers Apps. Certain portions of the Site and Apps are only available to parties who have a registered account. A registered user shall have the sole obligation at all time to keep safe its username, password, membership details and also all related information to the registered account and not to disclose or cause to leak of the abovementioned.
    3. 4Fingers does not guarantee that the Site and Apps will function properly on all devices or with any particular software. You may only use the Site and App with devices that you own or control, and you are responsible for any data charges, fees and taxes (if applicable) for your use of the Site and Apps, including when we communicate with you by text, e-mail or other reasonable and available means.
    4. you will not copy or distribute any part of the Site or Apps in any form without 4Fingers’ prior written authorisation; and
    5. you will not use the Site and Apps for any unlawful purpose or for any purpose that is prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of 4Fingers or the rights of others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use the Site and Apps to: (i) transmit via the Site and Apps any information, software, data, text, images, files, or links except in connection with your authorised use of this Site and Apps or otherwise in response to specific requests for information by 4Fingers, (ii) introduce to the Site and Apps or any other computer or website viruses, worms, Trojan horses and/or harmful code, (iii) obtain unauthorised access to any computer system, (iv) impersonate any other person or falsely state or otherwise misrepresent your affiliation with any person or entity, including but not limited to using another person’s account information, username and password (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity, (vi) misrepresent the identity of a user or use a false e-mail address, (vii) tamper with access to the Site and Apps or any content or component of the Site and Apps, (viii) conduct fraudulent activities, or (ix) collect or harvest information regarding other users of the Site and Apps for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
    6. Links to Third Party Sites. The Site and Apps may contain links to third party websites, advertisements or pop-ups or auto-direct link to any browser or applications (“Third Party Sites”) that are not affiliated with or owned, operated, or controlled by 4Fingers, including third party payment system providers. You acknowledge and agree that 4Fingers is not responsible for the content, privacy policies, or practices of such Third Party Sites or the companies that own them. Please contact the relevant Third Party Sites if you have any issues or questions in respect of any matters arising from your use of the Third Party Sites. By using the Site and Apps, you expressly relieve 4Fingers from any and all liability arising from your access and use of any Third Party Sites.

3. CHANGES TO THE SITE AND APPS

We may alter, suspend, or discontinue the Site and Apps in whole or in part, at any time and for any reason, without notice. 4Fingers may, in our sole discretion, terminate or suspend your use of or access to all or part of the Site and Apps for any reason, including without limitation, your breach of these Terms of Use. Any of the material on the Site and Apps may be out of date at any given time, and 4Fingers is under no obligation to update such material.

4. TRANSACTIONS CONCLUDED THROUGH THE SITE AND APPS

Contracts for the supply of goods, services or products (including any gift vouchers, ticket, pass, credential or other document or general or specific authorisation granted by 4Fingers) formed through the Site and Apps or as a result of visits made by you to the Site and Apps are governed by the specific terms and conditions of supply for that good, service or product, as highlighted to you prior to any contract being formed. Any contests held and advertised on the Site and Apps are also governed by separate terms and conditions and you are responsible for reviewing the applicable rules. In terms of a conflict, the terms and conditions of the specific events shall prevail.

5. LIMITATION OF LIABILITY

  1. No Representations or Warranties. The Site and Apps, its content, services and all text, images, merchandise and other information provided herein are provided on an “as is” and “as available” basis without representations or warranties of any kind, whether express, implied or statutory, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
    Without limitation to the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (a) as to the reliability, accuracy, completeness, and validity of any content or material on the Site and Apps, (b) that the functions contained on the Site and Apps will be secure, uninterrupted or free of errors, (c) that any defects will be corrected, or (d) that the Site and Apps or the server(s) that makes it available are free of viruses or other harmful components. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site and Apps, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site and Apps is at your sole risk.
  2. No Liability for Indirect or Consequential Losses. To the maximum extent permitted under applicable law, we shall not be liable to any user of the Site and Apps or any other person for any direct, indirect, special or consequential loss or damage (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of or related to the use, inability to use, performance or failure of this Site and Apps or any materials posted therein, or any information contained therein or stored or maintained by us, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. We shall not be liable for any order(s) made through our ordering portal on Site or Apps that encounter incomplete, incorrect or delivery issues due to your own incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the order, including your location, delivery address and contact information.
  3. Third Party Service Providers. You acknowledge and agree that your access and use of the Site and Apps is dependent on third party service providers such as internet, network, connectivity or other link providers, platforms and delivery service provider. Your payment for any transactions or contracts concluded by you for the supply of goods or services formed through the Site or Apps is processed by third party payment system providers and we do not retain or process any such payment information. Once an order is placed and paid especially through online ordering via the Site and Apps, no cancellation or refund or modification is allowed. We cannot guarantee the security of such third party payment system(s) or any payment data on the Site and Apps. We do not offer any food delivery services through the Site and Apps. If you place an order through any third party delivery service provide (i.e., Grab, Foodpanda etc), we do not have any control over the conduct of the third party delivery service provider nor guarantee the quality and the delivery of the order once collected by them. We are not responsible for any acts or omissions of any third parties and disclaim any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using and/or accessing the Site and Apps, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.
  4. Liability Implied by Law. For the avoidance of doubt, nothing in this Item 5 excludes, restricts or modifies any condition, warranty, right or liability implied into these Terms of Use where to do so is illegal or would render any provision hereof void.

6. INDEMNITY

By using and/or accessing the Site and Apps, you agree to indemnify and to hold harmless 4Fingers and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, damages, liabilities, costs and/or expenses, including but not limited to attorneys’ fees, arising directly or indirectly from your access of and/or use of this Site and Apps, including without limitation, any claims of infringement of a third party’s rights, any assertion and enforcement of our rights under these Terms of Use and any breaches of your obligations under these Terms of Use.

7. INTELLECTUAL PROPERTY RIGHTS

  1. Ownership. The intellectual property rights in and to the content on the Site and Apps, and in the material published on it such as its corporate names, service marks, logos, trade names, trademarks, websites and domain names, are owned, licensed to or controlled by 4Fingers, our licensors or our service providers. Nothing in these terms intends to transfer any proprietary rights to, or vest any such rights in, you. 4Fingers reserve the right to enforce these intellectual property rights to the fullest extent of the law.
  2. Restricted Use. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site and Apps in any form or by any means without our prior written permission, and you are solely responsible for obtaining such permission before dealing (in the manner as aforementioned) with any content or material that is available on the Site and Apps.
  3. Submissions. Some features in the Site and App may allow you to send feedback, suggestions, complaints, graphics, documents, or other information communicated to 4Fingers (“Submissions”). You understand by submitting those information, you grant 4Fingers a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, modify, translate, prepare derivative works of and/or publicly display, including to use them for any commercial or other purpose whatsoever without your approval or compensation to you or any other person. We are not obliged to treat any Submissions as confidential, except for Personal Data as stipulated in our Privacy Policy.

8. GENERAL

  1. Amendments. 4Fingers reserves our rights to, from time to time, in our sole discretion, amend or vary any provision of the Terms of Use by publication on the Site and Apps. If you do not consent to such variation or amendment, you should not use or access the Site and Apps. If, following such amendment or variation, you continue to use or access the Site and Apps, you shall be deemed to have irrevocably consented to such amendment or variation and to have agreed to be bound thereby. You are responsible for regularly reviewing the Terms of Use for updates.
  2. Correction of Errors. There may be information on the Site and Apps that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site or Apps is inaccurate at any time without prior notice.
  3. Illegality and Severability. If any of the Terms of Use or part thereof is or becomes invalid, unenforceable or illegal in any respect, such provision or part thereof shall, to the extent that such term is invalid, be deemed not to form part of the Terms of Use and the same shall not affect or impair the validity, enforceability or legality of the remaining provisions in any way.
  4. Governing Law. These Terms of Use shall be governed by, and construed in accordance with, the laws of Malaysia, and you hereby submit to the exclusive jurisdiction of the courts of Malaysia.
  5. Personal Data. By using and/or accessing the Site or Apps, you acknowledge that you have read and agree to our Privacy Policy at  https://www.4fingers.com/Data-Protection-Policy-4Fingers, which forms a part of these Terms of Use, and you consent to our collection, use and/or disclosure or handling of your Personal Data for the purposes set out in the Privacy Policy.
  6. Analytics. We may use third-party Service Providers to monitor and analyse the use of the Site and Apps.
  7. Order & Pickup. Kindly note that food not collected within 2 hours from indicated collection time will be discarded. Any delay of pick up from the time the food is ready might affect the quality of the item(s) ordered.