This page contains the terms and conditions you will be agreeing to when you sign up with Freshable (we/our/us). Please read these terms and conditions carefully before agreeing to subscribe to our services on our website www.freshable.co or our mobile application (collectively, our Platform). These terms and conditions will form the basis on which we will supply our products and services to you. By ordering on our Platform, you will represent your agreement to be bound by these terms and conditions, as may be amended from time to time. Please understand that if you do not accept these terms and conditions, you will not be able to order our products and services.
Orders must be placed before the before the cut-off times as stated on our Platform, which is generally 4 days business days before the day of your scheduled delivery (Cut-Off Time).
We are FRESH TO TABLE SDN. BHD. (Company Registration Number 1467931-P) trading as Freshable.
Our service is only intended for use by people residing in nominated areas of Malaysia (Service Areas). We do not accept orders from individuals outside those Service Areas. Customers must provide a valid email address and credit card for all orders accepted online. We do not accept orders by phone.
By placing an order with us, you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old and your orders are delivered to residents in one of the Service Areas.
After completing the order process on the Site, you will receive an email from us acknowledging that we have received your order (Order). An Order will only relate to the product or service you have ordered or subscribed to. Each Order that we accept results in a separate binding agreement between you and us for the supply of those products or services in accordance with these terms and conditions.
We reserve the right to accept or reject an Order for any reason, including if the requested product is not available or if there is an error in the price or the product description posted on our Platform. If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 48 hours after you submit an Order. If we refuse an Order on or prior to delivery but after our Cut-Off Time, a full refund will be made within 10 business days.
When you place an Order for a product, you will be charged for your order at the time. The completion of an Order constitutes authorisation for this payment at the time of the Order.
Changes to address details and/or delivery instructions must be communicated to us by the Cut-Off Time. We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.
At times, we may substitute meal ingredients due to market conditions outside of our control or product quality that is below our standards. In cases of ingredient substitutions, any modifications to cooking instructions will be included in our delivery to you.
Payment for all Products and Services must be by credit or debit card or any other payment method listed on our checkout page. Orders will be charged to your nominated payment method.
Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes. If we have dispatched your product on the basis of a successful checkout but a payment failure occurs, we will re-attempt the payment process. In the event that payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party.
We do not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details. All online debit/credit card transactions performed through our Platform are through secured payment gateways. Complete debit/credit card details cannot be viewed by us in any way.
If you cancel and Order after the Cut-Off Time, we will not be able to process any refund or stop a delivery. If you seek a refund for any other reason, please contact us via our website at www.freshable.coor through our website or mobile application and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 10 business days. If your refund is approved, we will process the refund within 10 business days of the day we confirmed to you via email that you were entitled to a refund. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Please take care when specifying your delivery address as refunds will not be provided for if you enter an address incorrectly.
We only deliver to addresses within the Service Areas. Depending on the location or the time of the delivery a fee may apply. This will be communicated at the point that you place your Order. If we implement a delivery fee for an existing service we will advise you 10 business days before the fee becomes effective so that you will have the opportunity to cancel any future orders before the fee is effective.
During the ordering process, you must select a date/delivery window for us to deliver the Order to you. You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil an Order. We will use endeavour to deliver during the window that you select. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
We will deliver the products to the front door of your nominated delivery address (Delivery Address) without requiring any person to accept the delivery. You must make all appropriate arrangements to assist and allow us to deliver the products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply.
If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you advise us of any specific delivery instructions in an Order, we will endeavour to comply with these instructions to the extent reasonably within our control.
You will be responsible for an Order from the time we deliver the products in accordance with your instructions. We accept no liability or responsibility for any product once the product has been delivered to you.
We may offer discount promotions and other types of vouchers (Voucher) which require activation by email application in order for the holder to commence delivery of products through a service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. These terms and conditions will become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a service to commence.
A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Voucher is only valid on the Holder’s first product purchase. Only one Voucher is allowed to be applied per order. A Voucher may not be used in conjunction with any other offer or credit, vouchers are always applied to an order before any credits in a customer’s account.
We reserve the right to withdraw or cancel any Voucher (other than a paid up-front gift card) for any reason at any time.
Vouchers may only be redeemed through our Platform and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher. Any credits or discounts attached to vouchers apply to the price of the products order only and not to delivery charges (unless otherwise specified) or any surcharge meals.
Vouchers and customer credits deriving from any customer referral program are not valid if used inappropriately, such as being published on deal sites or bargain sites. We reserve the right to cancel any suspicious codes and delete credits from the sharer’s account if we become aware of inappropriate use.
The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
You acknowledge that the products displayed on our Platform are not an exact sample and are indicative only and that the products you receive may vary from those displayed according to seasonal availability.
We do not represent or warrant that our Platform will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
You must take your own precautions to ensure that the process which you employ for accessing our Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
To the extent permitted by law our total aggregate liability in connection with these terms and conditions is limited, at our option, to (i) in the case of the supply of Products, replacement or resupply of the products or paying you the cost of replacing or resupplying the products; or (ii) in the case of the supply of services, supplying the relevant services again or paying you the cost of supplying the relevant Services again. In any event, our liability will not exceed the fees paid by you to us under the relevant Order.
Under no circumstances will we be liable to you for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these terms and conditions or the services.
We do not guarantee the accuracy of any nutritional information provided us. We will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase, prepare, and consume are in accordance with your respective dietary needs or restrictions. We store, portion and pack meals containing all major allergens (milk, wheat, egg, soy, fish, shellfish, peanuts, and treenuts). Although we take precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing meals to contain any or all of these allergens.
You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms and conditions, at any time without your prior consent.
We are the owner or the licensee of all intellectual property rights subsisting on our Platform, whether registered or unregistered, and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved.
If you post comments on the products or services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. You irrevocably authorise us to quote from your Commentary on our Platform and in any advertising or social media outlets which we may create or contribute to.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) epidemic, pandemic or other health emergency (whether declared or not); and
(g) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these terms and conditions is deemed to be suspended for the period that the 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 the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions may be performed despite the Force Majeure Event.
These terms and conditions contain the entire understanding between the parties concerning the subject matter of these terms and conditions and supersedes all prior communications.
You acknowledges that, in agreeing to these terms and conditions, you have not relied on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.
Our failure to enforce any provision under these terms and conditions will not waive our right thereafter to enforce any such provisions.
If any term or provision of these terms and conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these terms and conditions and the remaining terms and conditions will be unaffected.
These Terms and Conditions are governed by and are to be construed in accordance with the laws of Malaysia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Malaysia.
We reserve the right to modify and change these terms and conditions at any time. Any changes to these terms and conditions will be published on our Platform. Your continued access of our Platform or use of our services will constitute your acknowledgment and acceptance of the changes we have made to our terms and conditions.
Last modified: 1 September 2022
DISCLAIMER: The following terms and conditions apply to the use of the coupon code provided by our meal kit company:
By using the coupon code, you agree to the terms and conditions outlined above. If you have any questions or concerns, please contact our customer service team email@example.com.