Terms and Conditions
1. Introduction
1.1 Please read these Terms & Conditions carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms & Conditions which are applicable to you. These Terms & Conditions and the Privacy Policy (as defined) constitute a legally binding agreement (“Agreement”) between you and Lapar (as defined). The Agreement applies to your use of the Service (as defined) provided by Lapar. If you do not agree to the Terms & Conditions, please do not use or continue using the Application or the Service.
1.2 Lapar may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.lapar.my or the Mobile Application. It is your responsibility to review the Terms & Conditions regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendment`s.
1.3 Lapar is a technology company which provides a platform for users to obtain services provided by Merchant & Rider. Lapar’s role is merely to link the user with such Merchant & Rider. Lapar is not responsible for the acts and/or omissions of any Merchant & Rider, and any liability in relation to such services shall be borne by Merchant & Rider. Merchant & Rider shall not represent to be an agent, employee or staff of Lapar and the solutions provided by Merchant & Rider shall not be deemed to be provided by Lapar.
2. Definitions
In these Terms of Use, the following words shall have the meanings ascribed below:
2.1 “Lapar” means the relevant Lapar technology platform, portal or website that, when use in conjunction with the application enables Users, Merchant & Rider to request or access Solutions;
2.2 “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, telephone number and email address;
2.3 “Privacy Policy” means our privacy policy accessible at: https://www.lapar.my/privacy-policy/ as amended from time to time;
2.4 “Service” means the linking of Users to Merchants and Riders through the Application, Platform and/or Software;
2.5 “Software” means any software associated with the Application which is supplied made available for download and installation by Lapar;
2.6 “Solutions” means the following food ordering and/or logistics services which are made available to Users through the Service (Lapar);
2.7 Any such other services which Lapar may make available from time to time;
2.8 “Merchant” means the restaurant who partner with Lapar that provide variety of foods and beverages for Users to order;
2.9. “Merchant Fees” shall means charges incurred by Merchants for uses the Application, Platform and/or Software for obtained users’ ordering;
2.10 “Rider” means the person who partner with Lapar, deliver User’s order from Merchant to the delivery address;
2.11 “Rider Fees” shall means fees received by Riders who completed order delivery to the Users through the Application, Platform and/or Software;
2.12 “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions; and
2.13 “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable taxes and any other fees or charges that may be due for a particular use of the Service or Solutions
3. Representations, Warranties and Undertakings
3.1 If you are a User, you further represent, warrant / undertake that:
3.1.1 You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
3.1.2 Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;
3.1.3 Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;
3.1.4 Lapar shall not be liable for Orders that encounter delivery issues due to 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 delivery address and contact information. Failure to do so, User account will be suspended until fees has been paid.
3.1.5 You are responsible for ensuring that the delivery details entered by you on the Application are accurate and complete. Lapar shall not be liable in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Application.
3.1.6 Upon your successful completion of a Food Order, the Lapar Merchants and/or the Delivery Service Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Lapar is not involved in and will not be responsible for any separate arrangement between you and the Lapar Merchant and/or Delivery Service Provider regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.
3.1.7 Lapar, the Lapar Merchant and/or Delivery Service Provider may not to process your Food Order in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.
3.1.8 User should make a complaint within 6 hours upon order made if found out any unsatisfied service or order. Any complaints make beyond 6 hours will not be entertained.
3.1.9 User allow to rate the service within 1 hour upon received food. After that User will not able to do the rating.
3.2 If you are a Merchant, you further represent, warrant / undertake that:
3.2.1 The Merchant shall be required to submit to Lapar documentary proof to the satisfaction of Lapar of an existing ongoing business to join Lapar’s online food delivery platform such as a valid company or business registration certificate and all other related documents, permits, licences that are granted by the local or municipal councils or other documentary proof of an ongoing and existing business. Lapar shall after review of such documentary proof and having being satisfied shall then register and enter into this Agreement with the Merchant for the online food delivery platform.
3.2.2 Having entered into this agreement, the Merchant shall be solely responsible to ensure the quality, quantity, contents, packing, standards, hygiene, safety and health in relation to the food and beverage offered by the Merchant and advertised in Lapar online food delivery platform. The Merchant is also strictly responsible for complying with all local and municipal laws and regulations in the operation of the business, including health and safety food regulations. Lapar shall not be held responsible or accountable for all of the above as Lapar is the delivery agent only. The Merchant shall indemnify and keep harmless Lapar’s all personnel, agents or representative from any claims, litigation, suits, proceedings etc if a breach occurs.
3.2.3 The Merchant shall package all items appropriately for delivery by Lapar, including any protection and seal or markings necessary to prevent tampering or damage due to any cause unforeseen.
3.2.4 The Merchant is also prohibited from contacting the user at any time in connection with any order(s) placed. If the feedback received that this was the case, Lapar reserves the right to suspend the Merchant or to impose any form of action provided under the law.
3.2.5 Lapar do not supervise or monitor the participation of the Merchant of any promotion / campaign created by the Merchant on the online food delivery platform. As such the responsibility of the merchant to properly advertise materials that are relevant to the promotion/ campaign is mandatory. The Merchant shall not at any time advertise materials that are offensive, lewd, discriminatory, pornographic, sensitive in nature, or non-connected etc. Lapar in its discretion shall reserve the rights to cancel or delete the promotion/campaign at any time.
3.2.6 In amplification of clause 3.2.2 above, Lapar shall neither be held liable nor accountable for actions or omissions of the Merchant with regards to the delivery of food and beverage products. Lapar does not guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Merchant’s listing/offering on the online food delivery platform. The Merchant shall indemnify and keep harmless Lapar’s all personnel, agents or representative from any claims, litigation, suits, proceedings etc if a breach occurs.
3.2.7 If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
3.2.8 The Merchant shall not reverse look-up, trace or seek to trace any information on any other user or visitor on the online food delivery platform, or any other customer of Lapar, including without limitation any user account not owned by the Merchant , to its source, or exploit of any service or information made available or offered by or through the online food delivery platform , in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information. The Merchant shall indemnify and keep harmless Lapar’s all personnel, agents or representative from any claims, litigation, suits, proceedings etc if a breach occurs.
3.2.9 The Merchant is strictly forbidden to use the service for other purposes such as but not limited to data mining of Lapar’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Lapar reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used;
3.3 If you are a Rider, you further represent, warrant / undertake that:
3.3.1 You possess a valid driver’s license and valid road tax to provide delivery services in the jurisdiction in which you use the Service;
3.3.2 You own, or have the legal right and authority to operate, the motorcycle which you intend to use when deliver User’s order;
3.3.3 You will use the appropriate road safety equipment, as required by applicable laws (e.g. helmet);
3.3.4 You have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your motorcycle to cover any anticipated losses related to the operation of a food delivery service;
3.3.5 You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation/delivery service provided by you;
3.3.6 You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
3.3.7 You shall obey all local laws related to the operation of a food delivery service and will be solely responsible for any violations of such local laws;
3.3.8 Rider acknowledge that it is prohibited from carrying, possessing and/or distributing prohibited items, including illegal drugs and intoxicating materials.
3.3.9 You shall not contact Users for purposes other than in connection with the Service.
3.3.10 You undertake to be cautious in dealing with the Foods and to use best endeavor to ensure that the Foods are delivered safely, in the exact manner to which it was handed over to you by the Merchant.
3.3.11 You shall not defraud relevant fees through fictitious transaction facts or cooperate with merchants to brush orders. Including but not limited to: you or the user who encourages you to go to the store to place an order and complete the delivery, cooperate with the merchant to brush the order, you maliciously brush the order, use software or hardware to operate and defraud the fee, etc.
3.3.12 Refers to businesses, users, the company, and other third parties that report that your APP account is not for your own use, such as arranging delivery after receiving an order, and your own order but not your own delivery. Offer letter shall be voided automatically.
4. Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Lapar and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Lapar’s trademarks on any other website not approved by us is strictly prohibited. Lapar will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Lapar neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Lapar. Use of any materials on the Platforms is at your own risk.
5. Prices, Payment and Offers
5.1 Payment Terms for Users
5.1.1 Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
5.1.2 A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
- 5.1.3 Delivery fees are chargeable on every Order unless:
- you opt to collect your Order directly from the Merchant (“Pick-Up”);
- you have a valid promotional or discount voucher and apply it at Checkout; or
- unless stated otherwise
5.2 Payment Terms for Merchants
5.2.1 The prices quoted in the online food delivery platform is inclusive of SST or such other equivalent tax or other fees, if any;
5.2.2 The fees (“the Merchant Fee“) imposed on the Merchant for completed order(s) are non-refundable. Subject to any limit stipulated by the applicable law, the Merchant Fee shall be a percentage of the User Charges, as determined by Lapar from time to time.
5.2.3 Lapar’s rider has no responsible to make any payment for collected food or beverage to merchants. You acknowledge and confirm that Lapar may administer and act as your collection agent to collect the total amount of user charges due to you in respect of your provision of the solution;
5.2.4 Lapar retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Merchant and/or the User have breached any of the Terms in this Agreement. In such an event, the Merchant shall not hold Lapar liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you;
5.2.6 Lapar may at its discretion at any appropriate time make promotional offers or sales campaign with different features and different rates on the online food delivery platform and the Merchants may at its choice participate . Lapar may during the promotional offers or sales campaign vary or change the Service Fee during that period of time.
5.3 Payment Terms for Riders
5.3.1 Rider will receive their fees for completed orders in daily basic but actual time receive subject to your bank processing time.
5.3.2 For COD order, rider required to bank in total COD orders amount of the day to Lapar’s bank account before the cut off time set by Lapar. After banked in, screenshot and submit the bank in slip to our customer support.
5.3.3 Any incentive or rewards, included penalty will reflect into your respective bank account according to payment cycle as stipulated in rider agreement.
5.3.4 User have the option to make a discretionary payment of a tip to Lapar in addition to the purchase price of the Items in the order. Rider will receive 100% of any discretionary payment you choose to make.
6. Cancellation
6.1 For Users
6.1.1 You can cancel the order before the restaurant accepts. If the restaurant has accepted the order, you cannot cancel as it may already be prepared.
6.1.2 If you decide to cancel your booking or do not show up at the designated location, Lapar reserves the right to cancel the Order without refund or remedy to you. For COD, your account will be suspended until you clear the payment. Lapar reserve the rights to pursue.
6.1.3 Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support immediately. In some cases, Lapar may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order you received are not of satisfactory condition or quality, we will compensate you for your Order.
6.2 For Merchants
The Merchant may cancel customer order if outlet is too busy and overwhelmed with order. The Merchant may temporary pause for incoming order when this pause function is activated, the Merchant outlet will display on app as “temporary closed”.
6.3 For Riders
Rider cannot cancel the order unless informed by Lapar customer service.
7. Vouchers, Discounts and Promotions
7.1 From time to time, Lapar may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
7.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
7.3 Unless otherwise stated, Vouchers can only be used on our Platforms.
7.4 Vouchers cannot be exchanged for cash.
7.5 Lapar reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply.
7.6 We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you.
8. Limitation of Liabilities
To the extent permitted by law, Lapar (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material psted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Lapar entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Lapar entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Lapar, the Lapar entities, its agents, representatives and service providers’ liability shall be limited to the extent permitted by law.
9. Delivery & Fulfilment
9.1 For User
9.1.1 Any transaction between user and the service from Lapar is between user and Lapar. Lapar will not take responsible from any damaged goods or foods from the restaurant or outlet that user has selected.
9.1.2 Some of the goods may be suitable to certain kind of diet. Users should check that the product that users are ordering is suitable to particular health or diet.
9.1.3 Lapar shall deliver user order to the delivery address provided by user. An estimated delivery time will be provided in User Lapar application by confirmation but delivery times shall vary depending on factors that are not controlled by Lapar (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). User can view the remaining delivery time of an order when click on ‘My orders’ on the Platforms. User acknowledge that the delivery time Lapar provide is only an estimate and orders may arrive earlier or later. To ensure that user do not miss a delivery of an order, user should ensure that either user or someone is at the delivery location to receive the order once an order is placed.
9.2 For Merchant
9.2.1 Merchant shall provide Lapar with a realistic estimated delivery time at the same time as providing the menu information;
9.2.2 Deliver to the customer all accepted orders within the time indicated at accepted by Merchant.
9.2.3 Merchant shall inform Lapar immediately of any delay in delivering the order according to the estimated delivery time;
9.2.4 Merchant deliver the order in a state that a customer would expect for the type of food, with the appropriate packaging; AND
9.2.5 Merchant should inform Lapar about any cancelled, fake or any non-fulfilled orders within 48hours from acceptance of the order;
9.2.6 Merchant solely responsible and liable for any and all customer queries, claims and/or complaints in respect of the contents and quality of the food and orders and any consequential effects thereof.
9.2.7 Merchant shall ensure that it has available all times sufficient capacity (include staff, food items, and equipment) to all process all orders received through Lapar in accordance with the average delivery time provide to the customer;
9.2.8 Immediately inform Lapar of any menu items that are not available at any given time and shall do so by accessing the Merchant App or the backend if available to Merchant, or by phone, if Merchant App or backend access is not possible;
9.2.9 Ensure that all portions provided to its indirect customers availing of Lapar services shall be of the same size and quality as the portions provided by the Merchant to its direct customer;
9.2.10 Ensure that the prices and offer to customers by Merchant and set by Lapar are consistently identical to the prices offered to customers by Merchant when place order by platform which is operated by Lapar. If Merchant wishes to offer any lower prices through any promotions or discounts for orders received by platform which it operates, it shall inform Lapar at least 7 days in advance. the Merchant shall clearly explain the conditions of the promotions or discounts and Lapar Shall have the right to provide the Merchant’s promotions or discounts on its platform.
10. Refund of Order
10.1 If users have an issue with your delivery, please contact us immediately and inform Lapar of your complaint via our contact number or email. Upon assessment of your complaint, should Lapar confirm that you are owed a refund, we will provide you with further details on processing your refunds.
10.2 Merchant may cancel order if the product is not available for any reason. If the cancellation before the restaurant has accepted user order, Lapar will refund the amount to user bank account or digital wallet, which includes the initial delivery charge (where applicable) which user paid for the delivery of the food or the services, as applicable.
10.3 All refunds will be made via the same mode of payment within 14 working days and depending on the appointed bank processing time in which your receipt of the refund will depend on the period of time your financial institution takes to finalise the refund. Lapar shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in your financial institution processing the said refund.
11. Entire Agreement
This Agreement comprises the entire agreement between you and Lapar and supersedes any prior or contemporaneous negotiations or discussions, except for Merchant whom shall further sign a Service Agreement.
12. Suspension and Termination
12.1 Suspension
You agree that we may do any of the following, at any time, without notice:
We may restrict, suspend or terminate your Lapar account and/or use of the Platforms, if we reasonably believe that:
- someone other than you is using your Lapar account; or
- where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms
- to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason;
- to modify or change any applicable policies or terms; and
- to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.
12.2 Termination
12.2.1 For User,
If you wish to terminate your Lapar User account, please send us an email to support@lapar.my.
12.2.2 For Merchant,
If the Merchant wishes to terminate the Lapar account, the Merchant should send an email to support@lapar.my to deactivate the outlet. Lapar’s representative will contact the Merchant to verify the request.
12.2.3 For Rider,
If you wish to terminate your Lapar Rider account, kindly send an email to support@lapar.my. Lapar will deduct any disputes such as unsettled delivery kits, unsettled payments and so on from Rider’s last payout. However, Rider is required to repay for any shortfall if the balance remained in Rider’s account was insufficient. Failure to do so, legal action will be taken.
13. Contact Us
If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email support@lapar.my.
Lokasi Kami
Lintasan Supremasi Sdn Bhd
A-3-1, Northpoint Offices, Mid Valley City
No. 1, Medan Syed Putra Utara, 59200 Kuala Lumpur.