The Terms of Use – PrestoFood apply to any Shopper who purchases food via PrestoFood. The Terms of Use – PrestoFood shall be read together with Terms of Use – Presto App and Presto App’s Privacy Policy (collectively “Terms and Conditions”). You hereby acknowledge that you have read, understood and accepted the Terms and Conditions and by using Presto App to purchase food from PrestoFood, constitutes your unconditional acceptance to be bound by the Terms and Conditions, which may be amended from time to time.

1.1       Definitions

FAQ”: means the frequently asked question currently in force in Presto App, which may be amended by PRPMY from time to time;

 

PrestoFood”: means the contactless food ordering services offered on Presto App that Shopper can use when dining in or ordering takeaway at any participating restaurant;

 

Privacy Policy”: means the Privacy Policy currently in force in Presto App;

 

"Terms and Conditions": means, collectively, the Terms of Use – PrestoFood, Terms of Use – Presto App and Presto App’s Privacy Policy; and

 

"Terms of Use - Presto App": means the Terms of Use of Presto App currently in force in Presto App.

 

2.1   The mechanics to purchase food from PrestoFood shall be as follows:

(a) Step 1 : Scan the QR code displayed in the participating restaurant, and select either dine in or takeaway;

(b) Step 2 : Choose items that you wish to order from the available menu, and then add to cart;

(c) Step 3 : Check out and make payment; and

(d) Step 4 : Wait for the order to complete.

 

2.2   Further terms and conditions on the mechanics of PrestoFood can be found in the FAQ.

3.1   Payment for the purchase of food via PrestoFood can be made by way of debit card, credit card, online banking, PrestoPay and other e-wallet services made available from time to time.

 

3.2   The Shopper agrees and acknowledges that any purchase via PrestoFood is subject to the payment terms as may be prescribed by PRPMY and the relevant third-party payment providers as may be listed from time to time. Refund shall only be applicable to the following events: -

(a) System error

If the Shopper receives error screen after payment has been successfully made where the amount has been deducted from the Shopper’s preferred payment method, but the order is not created, the refund will be generated automatically. If the Shopper does not receive the amount of the said refund, the Shopper may contact PRPMY customer support team.

(b) Request made by the Shopper or the participating restaurant

In the event payment has been successfully made and order has been created, automatic refund shall no longer be applicable. All such requests for refund shall be handled by the participating restaurant offline at the discretion of the participating restaurant.

 

3.3   Subject always to Clause 3.2, the refund of payment for the purchase made via PrestoFood shall be made in accordance with the methods and manners as specified in the FAQ or through an appropriate method as may be determined by PRPMY.

4.1   The Terms of Use – PrestoFood shall be governed by and construed in accordance with the laws of Malaysia.

 

4.2   The Shopper shall indemnify and keep indemnified in full, PRPMY, its officers, directors, employees, agents and representatives against all losses, costs, expenses, damages, liabilities fines, penalties, demands or claims of any nature whatsoever that may be suffered by or incurred by PRPMY, its officers, directors, employees, agents and representatives as a result of (whether directly or indirectly) any of the following (without limitation) :-

(a) any act, omission, breaches, default, negligence, mistake or fraud on the part of the Shopper; or

(b) any breach of the Terms and Conditions by the Shopper.

 

4.3   In no event shall PRPMY be liable to the Shopper for any losses or damages suffered or which may be suffered by the Shopper in any manner whatsoever.

 

4.4   ​The Shopper hereby agrees and consents to PRPMY processing his/her personal data in accordance with PRPMY’s Privacy Policy available on Presto App.

 

4.5   In the event of any inconsistencies between the Terms of Use – PrestoFood and Terms of Use – Presto App, the Terms of Use – PrestoFood shall prevail in respect of the inconsistencies.

 

4.6   All capitalized terms not defined herein shall have the same meaning as defined in Terms of Use – Presto App.

   

4.7   A single or partial exercise or waiver of any right relating to this Terms of Use – PrestoFood does not prevent any other exercise of that right or the exercise of any other right unless acknowledged and agreed by PRPMY in writing.

 

4.8   ​Illegality and Severability of Provisions

(a) The illegality, invalidity or unenforceability of any provision of this Terms of Use – PrestoFood under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction, nor the legality, validity or enforceability of any other provision.​​​​​​​

(b) If a provision in this Terms of Use – PrestoFood is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down the provision as required in this clause, that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in the Terms of Use – PrestoFood.

 

4.9   PRPMY reserves all rights and may at any time vary, revise, change, amend, withdraw, substitute or remove any of this Terms of Use – PrestoFood, without any prior notice to the Shopper.