Terms and Conditions
Welcome to ERYA! Please review these Terms of Use before using our website www.eryaphoenix.com and / or our Services so that you are aware of your legal rights and obligations with ERYA (“The Company”, “We”, “Our” or “us”). Your use of this website constitutes your agreement to abide by these Terms of Usage and will comply by all of its provisions.
Ownership
This website “ERYA” is owned and operated by Erya Phoenix Sdn. Bhd. Registration
To register with ERYA, you must ensure that you are an adult (18 years old and above) and have the authority to enter into this Agreement and perform your obligations hereunder. Please ensure that all your details provided when you sign-up an account are complete and accurate.
Product
ERYA made the best efforts to provide you with accurate product and pricing information. However, we do not guarantee that all information is accurate, complete and error-free from time to time. We reserve the rights to change the descriptions, images and pricing of all products at any time without notice. Information contained on the website or in our advertisements should not be used by you to evaluate ingredient information, nutritional values, or potential food allergies. We do not warrant the quality of any products, services or information will meet your expectations. If there is any product is not as described, you may return it in unused condition.
Price and Availability
The price to be paid shall be based on our prevailing selling price at the time we received your order, which may or may not be correctly reflected on the website through our services. Some of the products fall under weighed item where the actual price is
dependent on its weight, ERYA will provide a weight estimation and current prevailing rates at the time of your checkout. The actual weight and related price of weighed items will be made known to you during the time of delivery.
All orders made by you shall subject to stock availability. If we are unable to fulfil your entire order, we will inform you by phone call and make every reasonable effort to substitute the closest product. In the case of bad weather or unforeseen delivery complications, deliveries may be delayed. We will make every effort to get your groceries to you.
If something is missing from your order, please call us so that we can do everything reasonable in our power to ensure your satisfaction.
Sale of Goods and Delivery
ERYA reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. Once you place your order by, we will act as bailee for the ordered products. Order amendment is not allowed once the order has been processed. If there are any changes in the delivery address or contact details made between submission of order, you are required to update ERYA at least 48 hours prior to the delivery. If there is no one to receive the goods at the agreed delivery address and time, we will leave the notification of attempted delivery and customers will need to contact our customer service to re-arrange new delivery via email, charges will be imposed for new delivery.
Please note that we reserve the right to refuse service to anyone. We reserve the right to change the cost of deliveries and/or our delivery fees at any time without prior notice. Our drivers are not allowed to accept tips. Customers are under no obligation to tip drivers.
Payment
We accept payment using debit / credit cards only. By placing an order, you authorize us to transmit information or to obtain information about you from third parties from time
to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization to protect you and us from fraud. We reserve the right to collect funds for any uncollected transactions owed us should a payment made via credit card be declined. If you fail to pay any fees or charges when due, we may charge such amount directly to the credit card identified in your Customer Account Information and we may suspend or terminate your access to our Service. You shall be responsible and liable for any fees, including but not limited to attorney’s fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
Security and Privacy
We are committed to keep your personal information and data safe and secure. Please read our Privacy Policy before submitting any personal information. You will be asked to provide a password when you sign-up an account with us. You are responsible to kept the password provided confidential and not to disclose to anyone. You shall be bound by all communications and online activity transmitted and / or conducted through the use of your account. If you found any suspected unauthorized use(s) of your account, please write in to us immediately by email.
Permitted Used
All materials including content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, ERYA. Consent is granted to view all of such things for the sole purpose of placing an order with us. You are not authorized to save or collect any such information. Any other use of materials on this Site, including modification, distribution, or reproduction is strictly prohibited. You acknowledge that ERYA and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Grocery reserves the right to revoke your use of the Site.
Your Personal Information
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your credit card. You agree and accept responsibility for keeping all your account information current, including name, credit card information, telephone number, and e-mail address. You can update your information anytime that you place an order. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us. You will comply with all laws applicable to your activities on the Site and with this Agreement. Our secure server encrypts your credit card information, among other things so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. ERYA will exercise commercially reasonable efforts to ensure that your credit card information remains confidential at all times. When our order form asks users to enter sensitive information, such as a credit card number, that information is encrypted and is protected with encryption software. This technology works best when the Site is viewed using the latest version of Microsoft`s Internet Explorer.
Intellectual Property
The content of ERYA Website, www.eryaphoenix.com is protected by copyright, trademarks, database and other intellectual property rights. All other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of ERYA, owned and operated by Erya Phoenix Sdn. Bhd. You do not acquire any ownership rights and may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the ERYA Website without our prior consent.
Acceptable Use Policy
You agree not to engage in unacceptable use of our service, site, or systems. Among other things, you agree not to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright,
trademark, patent, trade secret, or other intellectual property rights of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification
You expressly agree that use of our service, the site, and the internet is entirely at your own risk. Our service, the site, and its contents are provided on an “as is”, “as available” basis. To the extent permitted by applicable law, we disclaim all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to our service, the site, or its contents or with respect to any information, services, and products provided through or in connection with our service; we do not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. We make no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the site or the service. We do not warrant that the functions provided by the site will be uninterrupted or error free, or that this site or the server that makes it available is free from viruses or other harmful components.
Neither the company nor any of its owners, employees, affiliates, agents, representatives, third-party information providers, merchants, or licensors shall be liable for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of our service, or the inability to use, the site, the resort delivery service, or the internet. The Company’s delivery liability shall be limited to providing you with a refund for any product that is returned. Your sole and exclusive remedy hereunder shall be for you to
discontinue your use of our service and to terminate this agreement. We reserve the right to limit your order or the quantity of a specific product you may order. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law.
The material in the site is provided for lawful purposes only.
You agree to defend, indemnify, and hold ERYA harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Miscellaneous
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Grocery may suspend or terminate this Agreement or ERYA Service or remove or disable access to any portion of our service at any time for any reason with or without notice to you. If you do not agree with the terms of this Agreement, you may terminate your acceptance by emailing us at [email protected] and by no longer accessing our website. ERYA reserves the right to collect fees and charges incurred before you cancel your service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Notices
We may give notice to you of a change in this Agreement and any other matter through a general posting on ERYA Site, or other means determined by Erya Phoenix Sdn. Bhd.
Entire Agreement
This Agreement and the Privacy Policy referred to herein represent your entire agreement with ERYA regarding the use of the service and the Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you and ERYA. If any portion of this Agreement is held invalid or
unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of Malaysia without regard to its conflict of rules. You expressly agree that exclusive jurisdiction for any claim or dispute with ERYA or relating in any way to your use of the service or the Site resides in the federal and state courts of Malaysia and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in Malaysia in connection with any such dispute, including any claim involving ERYA. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
Amendments
ERYA reserves the right to amend the Terms & Conditions without notice at any time. All amended terms shall automatically be effective at the time posted on our site. By accessing this site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.
