1. General Information
1a. Ownership
This website (“dailymarket.com.my Website”) is owned and operated by Daily Market Sdn. Bhd.
1b. Access & Use
Your access to, and use of the materials contained in, the dailymarket.com.my Website is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the dailymarket.com.my Website (“Terms and Conditions”). By using the dailymarket.com.my Website, you agree to be bound by these Terms and Conditions.
1c. Amendments
We reserve the right to amend the Terms and Conditions without notice at any time. Your use of our dailymarket.com.my Website following such changes constitutes your agreement to be bound by the new Terms and Conditions.
1d. Registration
To register with the dailymarket.com.my Website, you must be over eighteen (18) years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
1e. Information Collected & Use of Information
We collect the details provided by you on registration together with information we learn about you from your use of our service and your visit to dailymarket.com.my Website.
By using the dailymarket.com.my Website, you expressly accept and give your unconditional consent that we may use any and/or disclose information about your demographics in any manner which does not reveal your identity for purposes of marketing, promotional, strategic development, research and customer care.
1f. Standard e-discount Terms and Conditions
Your use of an e-discount indicates your agreement to be bound by these e-discount Terms and Conditions.
We reserve the right to withdraw or cancel an e-discount for any reason at any time.
We shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any e-discount or any failure or inability of a customer or household to use an e-discount for any reason.
1g. Security and Fraud
When you use an e-discount you warrant to us that you are the duly authorised recipient of the e-discount and that you are using it in good faith. If you redeem, attempt to redeem or encourage the redemption of e-discounts to obtain discounts to which you or a third party are not entitled, you may be committing a civil or criminal offence.
If we reasonably believe that any e-discount is being used unlawfully or illegally we may reject or cancel any e-discount and you agree that you will have no claim against us in respect of any rejection or cancellation. We reserve the right to take any further action it deems appropriate in such instances.
1h. Intellectual Property
The content of the dailymarket.com.my Website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the dailymarket.com.my Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the dailymarket.com.my Website without written permission from dailymarket.com.my Website.
No license is granted to you in these Terms and Conditions to use any of our trade marks.
1i. Limitations
You may not use the dailymarket.com.my Website for any of the following purposes:
(i) Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
(ii) Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
(iii) Gaining unauthorised access to other computer systems
(iv) Interfering with any other person's use or enjoyment of the dailymarket.com.my Website
(v) Breaching any laws concerning the use of public telecommunications networks making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
(i) any claim by any third party that the use of the dailymarket.com.my Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
(ii) any claim by any third party that the use of the dailymarket.com.my Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
(iii) any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the dailymarket.com.my Website by you.
1j. Availability of the dailymarket.com.my Website
Although dailymarket.com.my Website aims to offer you the best service possible, dailymarket.com.my Website makes no promise that the services at the dailymarket.com.my Website will meet your requirements. The dailymarket.com.my Website cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at hello@dailymarket.com.my and we will attempt to correct the fault as soon as we reasonably can.
Your access to the dailymarket.com.my Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. The dailymarket.com.my Website will attempt to restore the service as soon as reasonably possible.
1k. dailymarket.com.my Website's right to suspend or cancel your registration
The dailymarket.com.my Website may suspend or cancel your registration immediately at our sole discretion without assigning any reason whatsoever.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the dailymarket.com.my Website.
The suspension or cancellation of your registration and your right to use the dailymarket.com.my Website shall not affect either party’s rights or liabilities.
1l. dailymarket.com.my Website's liability
The dailymarket.com.my Website is provided by us without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You must bear the risks associated with the use of the Internet.
We will ensure that information or material included on the dailymarket.com.my Website is correct, reputable and of high quality. We will not be responsible for any errors or omissions or for the results obtained from the use of information or for any technical problems you may experience with the dailymarket.com.my Website. If we are informed of any inaccuracies in the information or material on the dailymarket.com.my Website, we will attempt to correct the inaccuracies as soon as reasonably possible.
In particular, we disclaim all liabilities in connection with the following:
Incompatibility of the dailymarket.com.my Website with any of your equipment, software or telecommunications links
Technical problems including errors or interruptions of the dailymarket.com.my Website
Unsuitability, unreliability or inaccuracy of the dailymarket.com.my Website
Inadequacy of the dailymarket.com.my Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the dailymarket.com.my Website.
1m. Applicable Law
Use of the Platform and/or the Services and these Terms and Conditions shall be governed by and construed in accordance with Malaysian law and you hereby submit to the exclusive jurisdiction of the Malaysian courts.
1n. International Use
We make no promise that materials on the dailymarket.com.my Website are appropriate or available for use in locations outside Malaysia, and accessing the dailymarket.com.my Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws.
1o. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and dailymarket.com.my Website ignores this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
1p. Currency
Money references under these Terms of Use shall be in Malaysian Ringgit.
1q. Language
In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
1r. Entire Agreement
These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
1s. Binding and Conclusive
You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
2. Product Terms & Conditions
2a. General
These Product Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be decided only by the Malaysian courts.
If any of these Product Terms & Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms & Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
This dailymarket.com.my Online Shopping website is owned and operated by Daily Market Sdn. Bhd. .
Please read these Product Terms & Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which we make the products available to you ("Product Terms").
2b. Delivery Charges
The cost of the delivery services is not included in the price of the goods. The information about the cost of the services is available on the dailymarket.com.my Online Shopping website once the Customer books a delivery zone. The delivery charges for the corresponding zone will be shown in the order form prior to payment.
2c. Availability
The availability of the goods presented on the dailymarket.com.my Online Shopping website depends on stock in stores and we do not guarantee the availability of goods.
In order to ensure that goods are available to all customers, we have the right to set maximum limits in advance for the purchase of individual items by a single Customer. For example, if the Customer makes an order of 10 bottles of chilli sauce which would use up all the stock of that store, the store may only deliver 5 bottles.
The Customer shall always be notified in advance if the goods requested cannot be delivered by reason that it has exceeded the maximum or restricted limit.
If the goods requested by the Customer are unavailable due to factors beyond our control, we shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item.
On delivery the substituted goods will be separated from the other products requested by the Customer and the customer shall be entitled to refuse to accept the substituted goods either in full or partially. The amount for the goods that are not accepted shall not be charged to the Customer’s payment card, if the Customer has provided payment card details in advance in order to pay online.
2d. Acceptance
There will be no contract of any kind between the Customer and us unless and until the payment is completed.
The dailymarket.com.my Online Shopping service is available for non-commercial and domestic use only. We reserve the right to refuse orders from businesses or that we consider are for commercial or other non-domestic concerns.
To ensure availability of all our products, customers may be limited to a maximum number of items.
2e. Delivery
Delivery will be made to the address specified by the Customer on the completed order form.
We will deliver the Customer's order to the main entrance of the delivery address. At Customer’s request, our delivery personnel may carry Customer’s order into the delivery address, for example, to a particular floor in an apartment block or into the kitchen but only if :
(i) the delivery personnel has the Customer’s permission,
(ii) the delivery personnel believes that it is safe and practical to do as the Customer requests,
(iii) there is no obstacle preventing entrance, for example a locked main door. We always reserve the right to deliver only to the main entrance of the delivery address.
The dailymarket.com.my Online Shopping delivery service is available in selected areas.
We are committed to complete the delivery within the next 2 days for orders placed before the cut off time of 6 pm. Orders submitted after 6 pm will be considered an order made on the following day. In the situation this could not be met, the customer will be notified in advance to arrange for suitable delivery time.
All goods must be received by an adult aged eighteen (18) years or over. If the delivery personnel has doubts over the age of the person receiving the goods, he is entitled to ask such a person to show an identity card to prove his/her age. If the person is shown not to be over eighteen (18) and no other person can receive the goods, we shall not hand over the goods.
If there is nobody qualified to receive the goods at the agreed time and place specified by the Customer, we will leave notification of attempted delivery and Customer will need to contact customer services to re-arrange delivery (extra charge might be applicable).
If the Customer requests for re-delivery, we are entitled to charge for providing the service.
Whilst we make every effort to deliver all Customer goods in the agreed time, we will not be liable if it fails to do so in part or in full due to circumstances beyond its control.
2f. Refunds
(i) If you have received faulty, damaged or different goods
Please note that the Customer can only request for a refund 2 hours after the goods have arrived. You can email us for a replacement process along with the image for proof at hello@dailymarket.com.my or WhatsApp to our customer service representative at +6016-2128828. Any request after 2 hours of the delivery will not qualify for a replacement.
For the avoidance of doubt, this provision does not affect the rights of the Customer for non-acceptance of substituted goods.
We are committed to complete all replacement and refund requests no later than fourteen (14) working days. Our representative will contact you to provide necessary advice on the process.
(ii) If the item ordered is not available
Our representative will inform you about the unavailability of the product and we will process for a resend with the next order or exchange to another item.
2g. Cancellation
dailymarket.com.my allows cancellations, as long as it is done before 10am the following day, from the time the order was placed.
2h. Payment
You can use a debit, credit card or online banking, e-wallets to pay for your shopping. We accept the following payment providers, issued by banks in Malaysia:
- Visa
- Master
- Debit Cards
- e-Wallets
We do not accept cash as payment for your shopping, as our delivery personnel do not carry cash with them due to safety reasons.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
2i. Customer Services
If you have an order query, please email us at hello@dailymarket.com.my or contact customer service at +6016-2128828 (Whatsapp)
2j. Correction of Errors
Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
3. Use of Services
3a. Application of this clause
In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause are the additional specific terms and conditions governing your use of the Services.
3b. Restrictions
Use of the Services is limited to authorised Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause.
3c. General terms of use
You agree:
(i) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
(ii) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
Daily Market Sdn. Bhd. reserves the right to cancel or reject any use of this Services at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.
3d. Product Description
While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current, or free from error.
3e. Prices of Products
All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
4. Customers with Daily Market Malaysia accounts
4a. Username/Password
Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be:
(i) determined and issued to you by us; or
(ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.
4b. Purported use/access
You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
(i) access to the relevant Platform and/or use of the Services by you; or
(ii) information, data, or communications posted, transmitted, and validly issued by you.
You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/ or access to the Platform referable to your Username and Password.
5. Intellectual property
5a. Ownership
The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
5b. Restricted Use
No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners.
5c. Trademarks
The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
6. Promotions, Voucher Codes and other Privilege Programmes
6a. From time to time Daily Market Malaysia may run promotions, contests, surveys, privileges and other programmes, subject to additional terms and conditions, which can be found on the Site and are hereby incorporated by reference into these Terms and Conditions of Sale for Daily Market Sdn. Bhd.
6b. Promotions, contests, privileges, and programmes are only valid for the time period specified by Daily Market Sdn. Bhd. and a while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock.
6c. The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):
6d. Each Voucher Code is only eligible for a single use and is only valid for the time period and purpose specified by Daily Market Sdn. Bhd.. Where applicable, there will be no limit to the number of Voucher Codes issued per account unless stated.
6e. Use of any Voucher Code must be indicated at the time of checkout, and all information required by Daily Market Sdn. Bhd. must be provided. No retroactive use of the Voucher Code is permitted.
6f. Voucher cannot be used to deduct delivery charges unless stated.
6g. A minimum spend may be required before use of the Voucher Code is permitted.
6h. Voucher Codes cannot be refunded, redeemed or exchanged for cash.
6i. Resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by Daily Market Sdn. Bhd., may be purchased by you and given to others.
6j. No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes are allowed.
6k. Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
6l. The benefits, discounts, offers, gifts, complimentary items, Vouchers, promotion codes, rebates, redemptions and privileges are non-redeemable for cash, non-transferable, non-assignable and non- exchangeable and their barter, trade, sale, photocopying, alteration, purchase, or transfer by any person or entity is strictly prohibited. Any use of a promotion, discount or privilege in violation of these Terms and Conditions of Sale for Daily Market Sdn. Bhd. will render it void.
6m. Daily Market Sdn. Bhd. reserves the right to verify the validity of any Voucher Code and to declare null and void and charge full price for items purchased, any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
6n. Daily Market Sdn. Bhd. reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time.
6o. Daily Market Sdn. Bhd. shall not be liable for any loss, claim or damage suffered or incurred as a result of the use of Daily Market Sdn. Bhd. goods and services or redemption of gifts or Vouchers or use of promotion codes or any other privileges. Daily Market Sdn. Bhd. shall have no liability whatsoever in respect of interruptions or unavailability of goods and services at any time.
6p. Daily Market Sdn. Bhd. makes no representation or warranty whatsoever, express or implied, with respect to the promotions/discounts/benefits/privileges offered.
6q. Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash or credit will be offered in lieu of the gift. Any change to these Terms and Conditions of Sale for Daily Market Sdn. Bhd. will take effect immediately, unless stated otherwise. Notice of any changes is deemed to be given when published on Daily Market Sdn. Bhd. assumes no obligation to provide notice in any other manner.
6r. Daily Market Sdn. Bhd. decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.
6s. Daily Market Sdn. Bhd. reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.
6t. By participating in a Promotion, participants agree that the respective organisation conducting the promotion and its affiliated companies and business units may collect, use and disclose personal data for the sole aforementioned purpose(s) in the Terms & Conditions and for no other purpose. All companies receiving your personal data will be bound by requirements to protect your personal data.