PaperBox™ Malaysia

1. INTRODUCTION

Welcome to PaperBox App, which is owned by PaperBox Malaysia Sdn. Bhd. [202301009747 (1503668-T)] (hereinafter also referred to as “PaperBox”, “we”, “our” or “us”). PaperBox’s mission is to reduce food wastage by making surplus food available and affordable to the public at the same time supporting sustainability efforts nationwide. We provide a platform that connects the end user (“Customer”) to surplus food and other promotional items (“Goods”) from hotels, restaurants, bakeries, grocery stores, etc. (“Vendor”). 

These terms of use (“Terms”) apply to any reservations and sale of the Goods which are carried out via our mobile application (“PaperBox App”). Our website, mobile site (www.ourpaperbox.com) and PaperBox App (hereinafter collectively referred to as the “Platform”) are operated by us and by accessing and/or otherwise using the Platform in any manner (whether as a registered user or otherwise), you therefore agree that you have read and accepted these Terms. We reserve the right to modify these Terms at our sole and absolute discretion, without notice, at any time. You understand that your continued use of the Platform after these Terms has been modified constitutes your acceptance of these Terms as amended.

These Terms are to be read together with and does incorporate our Privacy Policy. If you do not agree with these Terms and/or our Privacy Policy, please do not use the Platform and if you have begun to do so, kindly cease and desist from using the Platform.

Any correspondence with PaperBox may be submitted to the following e-mail address: support@ourpaperbox.com

2. PAPERBOX CONCEPT

The Goods are made available for reservation on the PaperBox App, and Customers may reserve the Goods by clicking on “Make a Reservation” or “Reserve for Me” on the PaperBox App. The Goods will automatically be reserved and the Customer will receive a unique QR code that confirms the reservation. The Customer commits to be present at the Vendor’s premise at the specified Self Pick-Up time and the Vendor commits to offer the Goods for sale, as specified herein. Both parties have a right of cancellation as defined below.

PaperBox is solely a platform that promotes the sales of Goods on behalf of our Vendor, and there shall be no contractual relationship between PaperBox and the Customer with regards to the Goods or the sale of the Goods. PaperBox has no responsibilities in respect of the Goods or fulfilment of the agreement between the Vendor and the Customer. All payments for the Goods shall be made directly to theVendor by the Customer at the Vendor’s premise and PaperBox does not collect any payments from the Customers. 

3. ACCEPTANCE

By accepting these Terms, the Customer accepts to receive all relevant information in English. The Customer accepts that all agreements between the Customer and PaperBox and any related information provided to PaperBox are stored in accordance with PaperBox’s Privacy Policy.

By accepting these Terms, the Customer accepts to receive emails, text messages and notifications from the PaperBox App related to any orders placed by the Customer. This is required by PaperBox in order to ensure that the Customer receives all essential information related to the reservation.

PaperBox reserves the right to amend the Terms from time to time. The Customer’s order will be subject to the Terms applicable at the time when the Customer makes the reservation.

4. PRODUCT AND PRODUCT INFORMATION

PaperBox is exclusively a platform that arranges the contract between the Customer and the Vendor and PaperBox has no responsibilities in respect of the Goods or fulfilment of the contract between the Customer and the Vendor.

PaperBox does not, in any way, manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle the Goods. PaperBox has no responsibility for the fulfilment of the contractual obligations towards the Customer regarding the Goods, including the manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Goods, and the compliance with applicable legislation, including with respect to the above, unless PaperBox is explicitly designated as the manufacturer or seller of the Goods on the Platform.

The Customer can find information about the Goods and a description of the Goods on the PaperBox App. This information is only instructive and for the purpose of giving the Customer the best prerequisites for evaluating selected Goods before making the reservation. There may be instances where the PaperBox App is not updated and where the actual product range, stocked items etc. is not as stated on PaperBox. In such cases, PaperBox is of no liability. It is the Vendor that is responsible for providing information about the Goods and to ensure that it is factually accurate and up-to-date. PaperBox does not undertake any such responsibility and, hence, has no liability for the contents of or availability of information regarding the Goods.

If the Customer is in doubt about allergy warnings, contents of a dish or any other menu information, the Customer shall confirm with the Vendor directly before making a reservation. The Vendor’s contact information will be displayed on the PaperBox App. The Customer may always cancel the reservation, if the cancelation is due to ingredients, allergens or other labelling related information regarding the Goods. Upon Self Pick-Up (as defined below), the Vendor shall provide the Customer with information regarding list of ingredients, allergens and other labelling related information regarding the Goods. 

Any Goods purchased via the PaperBox Platform shall be consumed immediately after Pick-up and/or as instructed by the Goods Label or the Vendor. PaperBox will not assume any liability for Customers’ adverse reactions from Goods for any reasons, including if consumed inconsistently with the labelling or the information set out in these terms or given directly by the Vendor. 

PaperBox is not liable or responsible for any failure to perform or any delay in the performance of any obligations relating to the Goods, including with respect to manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Goods.

1. 5. RESERVATIONS OF GOODS

Customers can browse through the list of Goods available from our Vendors through the PaperBox App. Customers have the option to either login using their PaperBox account or proceed as a guest. In the guest mode, Customers can only browse through the list of Goods available. To make a reservation, Customers are required to login to their PaperBox account or create a new PaperBox account for new users. For every successful reservation and payment completion to the Vendor, Customers will earn loyalty points which are linked to their PaperBox account.

If the Customer has allowed the app to use location services, the app will track the Customer’s location and the list will show available Vendors near the Customer. Once the Customer has selected a Vendor, Product and Self Pick-Up time, the Customer will need to confirm his or her reservation by clicking the “Confirm” button. The list is solely established in consideration of a geographical criteria. The Customer has the option to filter the results based on price, ratings, name, pick-up time, etc. or as otherwise determined by PaperBox.

A QR code will appear upon confirmation of reservation. Upon arriving at the Vendor’s premise during stipulated Self Pick-Up time, the Customer is required to show the QR code to the Vendor to be scanned (“Check-in”) in order to confirm the reservation. Customers are required to check the condition of the Goods and once satisfied, the Customers will make payment directly to the Vendor. Upon payment completion, Customer would need the Vendor to confirm the details of the transactions via the PaperBox App. Upon successful confirmation by the Vendor, Customers will earn loyalty points accordingly.

7. RETURN/REFUND, EXCHANGE OR CANCELLATION POLICY

PaperBox allows our Customers to CANCEL their reservation 30 minutes before the agreed Self Pick-Up time without incurring any charges. Within the last 30 minutes leading up to the Self Pick-Up time, Customers will not be allowed to cancel their reservation. If Customer fails to cancel a reservation which he or she does not plan to attend (“no-showing”) for more than five times, PaperBox reserves the right to terminate the Customer’s account. This measure is in place to safeguard our Vendors and maintain a seamless system in pursuit of our goal of reducing food waste.

PaperBox allows our Customer to RETURN the “Clean” PaperBox Containers (as defined below) back to our buffet Vendors without incurring any charges. Upon Check-in at the Vendor’s buffet premise, Customers will be given an empty biodegradable food box (known as “PaperBox Containers”) which they can fill with surplus buffet food of choice. In this context, “Clean” means no food was taken and/or placed inside the PaperBox Container. It’s important to note that our buffet Vendors  reserve the right to accept or decline the return of PaperBox Containers based on their specific rules and regulations.

PaperBox allows our Customer to EXCHANGE their reserved items (specifically bakery goods or grocery items) if they are found in unsatisfactory condition upon inspection before purchases. Customers are responsible for checking the condition of items before making any purchases. In the event of an exchange, Customers will be required to pay the new total price for the Goods.

In the event that an EXCHANGE isn’t possible. We understand that circumstances may arise where a REFUND is necessary. Customers are welcome to submit refund requests to support@ourpaperbox.com, which will be carefully evaluated on a case-by-case basis. We strive to ensure fairness and satisfaction for all our clients, and refunds will be granted for reasonable requests that meet our eligibility criteria. We will notify you within 24 hours if your refund request is approved.

8. SELF PICK-UP

Goods reserved on PaperBox App must be picked-up by the Customer during the Self Pick-Up time at the Vendor’s premise. PaperBox Vendor’s description and details about when and where the Goods can be picked up will appear on the PaperBox App and is stated in the reservation confirmation as well. If the Customer arrives at the Vendor’s premise before the specified self pick-up time, Vendor can ask him or her to please wait outside for the sake of other Vendor’s guests. Be aware that if the Customer arrives too late, the Vendor’s premise may be closed and/or the Goods may be unavailable. 

Since the Goods are perishable items and since PaperBox’s aim is to reduce food waste, our Vendor is entitled to sell the Goods to another customer if the Customer does not pick-up the reserved Goods within the time period set out in the reservation confirmation. 

Upon Self Pick-Up, the Customer shall show his or her QR code in the PaperBox App to the Vendor’s employees, after which they will complete the reservation, handle the transaction and hand out the Goods reserved. The Customer is required to make sure that the Goods and number of Goods handed out correspond to the Customer’s reservation and confirmed by the Vendor.

9. PRICE AND PAYMENT

All prices displayed on PaperBox App are indicated in the currency of the country in which the Vendor is located. The prices displayed may or may not include the necessary SST and other applicable taxes that are in force and/or may be introduced by the relevant authorities from time to time. Such taxes shall be borne by the Customer. 

All payment shall be made directly to the Vendor by the Customer at the Vendor’s premise. The type of payment method is dependent on the Vendor’s preference. There is no payment required by Customer to PaperBox on the PaperBox App.

10. PAPERBOX LOYALTY POINT AND VOUCHERS

A completed reservation is when a Customer arrives at the Vendor’s premise within the Self Pick-Up time, successfully Check-in and makes payment to Vendor. Upon verification and confirmation from the Vendor’s side of the PaperBox App, the Customer will then be awarded with loyalty points in the PaperBox App based on their reservation orders. Customers will also be awarded additional loyalty points when they leave a review after a completed reservation and also when they refer the PaperBox App to a friend.

Customers can accumulate the loyalty points and redeemed exciting vouchers in the PaperBox App. Customers can also convert their loyalty points to be donated as cash to reputable charities that help relieve food hunger in Malaysia via the PaperBox App.

11. LINKS TO OTHER WEBSITES/ MOBILE SITES

The PaperBox Platform may contain advertisements and/or links to other sites (“Third Party Sites”). These links to Third Party Sites are provided solely for the convenience of our users. We do not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any third party sites or any products or services advertised on third party sites. If you decide to leave the PaperBox Platform and navigate to the Third Party Sites, or install any other applications, software or download content from any such Third Party Sites, you do so at your own risk. Concerns regarding a Third Party Site should be directed to the owners of the Third Party Site itself. We bear no responsibility for any action associated with any Third Party Site. Moreover, we do not imply any affiliation of whatsoever nature with any Third Party Site.

12. RIGHT OF COMPLAIN

In case of a complaint concerning the Goods, the Customer can address the complaint to the Customer Service of PaperBox before considering any other action. PaperBox will handle the claims as PaperBox deems correct and any decision by PaperBox regarding the Goods is entirely up to PaperBox.

In the event that the intervention of PaperBox is not to the satisfaction of the Customer, these Terms do not limit the means available to the Customer to resolve the dispute it has with the Vendor under statutory law. The Vendor is covered by statutory consumer protection legislation in Malaysia and other statutory legislation regarding purchase of goods and provisions set out herein regarding defects and delays. The Customer shall verify the content of the Goods upon receipt.

In case of a complaint, the Customer shall contact PaperBox via the “Contact PaperBox” feature on the PaperBox App and provide the requested information and information about the Goods and why the Customer is unsatisfied. After receiving the complaint, PaperBox will process the complaint in cooperation with the Vendor if relevant and the Customer will receive a reply from PaperBox within 10 business days. In case the Customer is not satisfied with PaperBox’s reply, the Customer may submit a complaint to the relevant consumer protection authority in the country where the purchase has been made.

13. CUSTOMER REVIEWS

In particular (but not limited to), any reviews that the Customer submits through the PaperBox App should not:

• • contain any defamatory, obscene or offensive material;
  • promote violence or discrimination;
  • infringe the intellectual property rights of another person or legal entity;
  • breach any legal duty owed to a third party (such as a duty of confidence);
  • promote illegal activity or invade another’s privacy;
  • give the impression that they originate from us; or
  • be used to impersonate another person or to misrepresent your affiliation with another person.

PaperBox does not control, modify or edit any reviews posted, except that PaperBox is entitled to remove or edit at any time any reviews posted, uploaded or transmitted to the PaperBox App in the event that the review breaches one or more of the prohibitions mentioned above or is otherwise deemed fraudulent.

The reviews contained on the PaperBox App are for information purposes only and do not constitute advice from PaperBox. Reviews reflect the opinions of customers who have ordered through the app or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, PaperBox assumes no responsibility or liability to any person for any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that the Customer may encounter in any such reviews.

PaperBox is entitled to store the reviews. The Customer will receive additional PaperBox loyalty points for leaving a review after every completed reservation through the PaperBox App. There may be a delay between the filing of the review and the publishing hereof.

14. CUSTOMER’S BEHAVIOUR

Customers are requested to show respect to the Vendor´s guests and personnel, as well as PaperBox´s personnel.

The Customer is informed that in case of inappropriate behaviour towards the Vendor, the other customers of the Vendor or PaperBox, or if the Customer commits a crime against or in the Vendor’s premise in connection with the reservation, or violates the code of conduct rules of the Vendor or PaperBox or any other similar behaviour, PaperBox may, in particular after complaints made by the Vendor, ban, exclude or suspend the Customer from the Platform. The intervention of PaperBox does not deprive the Vendor of the means and rights at its disposal to obtain possible reparations.

PaperBox reserve the right to terminate, delete and/or otherwise remove any Customer’s account without prior notice if we believe that the account had been registered in violation of these Terms, if proxy IPs (Internet Protocol addresses) are being used in order to attempt to hide the use of multiple registration accounts, or if the account disrupts the smooth operation of PaperBox or in any way or disrupts or annoys other users of PaperBox App.

15. LIMITATION OF LIABILITY

PaperBox shall not be held liable for losses arising out of or in connection with: 

• • matters for which a Vendor bears the responsibility
  • faults of third parties or through non-attributable interruption of availability of the Platform
  • orders by Customers made using fraudulently obtained payment data or other contractual data (e.g. the “phishing” of credit card data, identity theft etc.)
  • any discomfort, illness or adverse effects experienced by customers after the purchase.
  • content of sites to which the Platform links, including the accuracy of the linked sites and the data protection at such site
  • similar events as set stated above

PaperBox is not liable or responsible for any failure or non-compliance with respect to its services if such failure is caused by circumstances outside PaperBox’s control. Such circumstances may be but are not limited to disruptions in the operation of PaperBox and/or the Vendor as a result of legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters. This also applies in respect to Goods liability.

Customers acknowledge and agree that PaperBox will not be held liable for any loss or damage incurred as a result of use of the PaperBox Platforms. Customers understand that PaperBox are not the merchant nor are we the seller of the goods and/or services listed on the PaperBox App. We are merely a reservation platform for Vendors to promote their surplus food offerings. We take no responsibility for the services or products for which any Vendor provides or fails to provide.

16. INDEMNIFICATION

To the fullest extent permitted by applicable law, Customer shall indemnify, defend and hold harmless PaperBox, its directors, officers, agents and employees, and its affiliated entities, successors-in-title and assigns, from and against claims or demands, causes of action, judgments, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable legal fees) that may arise out of or result from:

• • the Customer’s access to and use of the PaperBox Platform
  • any information posted or made available by the Customer on the PaperBox Platform
  • anything the Customer do using the PaperBox Platform
  • any violation of applicable law or the rights of any third party that occurs though the Customer’s use of the PaperBox Platform
  • the Customer breach and/or violation of the Terms herein
  • any inaccuracy in any information, representation or warranty that the Customer provide under this Terms
  • anything done or failure to do anything by the Customer in carrying out his/her obligations under this Terms
  • any other wilful misconduct, default, unauthorised acts or wilful omission on the Customer’s part.

In addition to the aforementioned, we hereby at our sole and absolute discretion reserve the right, at the Customer own cost and expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Customer, in which event the Customer will cooperate with us in asserting any available defences.

17. INTELLECTUAL PROPERTY

The Customer may use the Platform and print and download extracts from the Platform for his or her personal non-commercial use on the following basis:

• • The Customer must not misuse the Platform (including hacking or “scraping”).
  • Unless otherwise stated, the copyright and other intellectual property rights in the Platform and in material published on it (including without limitation photographs and graphical images) are owned by PaperBox or PaperBox’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Platform other than in accordance with this clause is prohibited.
  • The Customer may not modify the digital or paper copies of any materials that he or she prints in accordance with this clause and the Customer may not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
  • The Customer shall ensure that PaperBox’s status as the author of the material on the Platform is always acknowledged and referenced.
  • The Customer is not allowed to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a license from PaperBox to do so.

Except as stated in this clause, the Platform may not be used, and no part of the Platform may be reproduced or stored in any other Platform or included in any public or private electronic retrieval system or service, without PaperBox’s prior written permission.

18. GOVERNING LAW

Any and all disputes arising out of, relating to or connected with these Terms, our Privacy Policy, or the Customer use of any part of the PaperBox Platforms, shall be resolved through proceedings in a court of competent jurisdiction in Malaysia. 

The PaperBox Platforms are operated by a Malaysia entity, and these Terms are governed by the laws of Malaysia.

Notwithstanding the above and in the event that the Customer initiates legal proceedings against us, the Customer hereby consent and submit to the exclusive jurisdiction of the High Court in Malaya. The Customer agrees that all claims that he/she may have against us arising from or relating to the Platforms must be heard and resolved in a court of competent subject matter jurisdiction located in Malaysia.

Notwithstanding any other provision of these Terms, to the extent that the Customer have in any manner violated or threatened to violate our intellectual property rights, we reserve the right to seek injunctive or other appropriate relief in any Court in Malaysia and/or the jurisdiction in which such intellectual property rights may have been infringed upon, and the Customer submit to the exclusive jurisdiction of the relevant and respective Courts.