TERMS OF USE
These Terms of Use ("Terms") govern your use of the websites and mobile applications
provided by Penang Sentral Subway (PSS) (or referred to as "us") (collectively the "Platforms"). Please
read these Terms carefully. By accessing and using the Platforms, you agree that
you have read, understood and accepted the Terms including any additional terms
and conditions and any policies referenced herein, available on the Platforms or
available by hyperlink. If you do not agree or fall within the Terms, please do
not use the Platforms.
The Platforms may be used by (i) natural persons who have reached 18 years of age
and (ii) corporate legal entities, e.g companies. Where applicable, these Terms
shall be subject to country-specific provisions as set out herein.
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s),
who by accepting these Terms shall agree to take responsibility for your actions
and any charges associated with your use of the Platforms and/or purchase of Goods.
If you do not have consent from your parent(s) or legal guardian(s), you must stop
using/accessing the Platforms immediately.
PSS reserves the right to change or modify these Terms (including our policies
which are incorporated into these Terms) at any time. You are strongly recommended
to read these Terms regularly. You will be deemed to have agreed to the amended
Terms by your continued use of the Platforms following the date on which the amended
Terms are posted.
Penang Sentral Subway : Kiosks (PSS)
1.1 Who we are
Depending on which Platform you access and use, these Terms form the contract between
you and the following PSS entities:
Penang Sentral Subway : Kiosks (kiosks.khengko.com)
1.2 What we do
Through our Platforms, PSS links you to the vendors ("Vendors") for you to
order a variety of goods including prepared meals, non-prepared food and miscellaneous
non-food items (hereinafter collectively referred to as "Goods") to be delivered
to you. When you place an order for Goods from our Vendors ("Order"), PSS
acts as an agent on behalf of that Vendor to facilitate, process and conclude the
order and subsequently for either us or the Vendor to deliver your Order to you.
Vendors may be owned and operated by third party vendors, our affiliate companies,
or us.
1.3 How to contact us
For customer support, you may reach out to us via email or through our in-app customer
support chat feature.
2 Use of the Platforms and PSS Account
2.1 You will need to register for a PSS account for you to use the Platform.
When you register for a PSS account we will ask you to provide your personal
information including a valid email address, a mobile phone number and a unique
password. To purchase an Order, depending on which payment method you opt for, you
may need to provide us with your credit card details. Your unique password should
not be shared with anyone and you agree to keep it secret at all times. You are
solely responsible for keeping your password safe. Save for cases of fraud or abuse
which are not your fault, you accept that all Orders placed under your PSS
account are your sole responsibility.
2.2 PSS 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.
2.3 If you wish to delete your PSS account, please send us an email requesting
the same. We may restrict, suspend or terminate your PSS account and/or use
of the Platforms, if we reasonably believe that:
2.3.1 someone other than you is using your PSS account; or
2.3.2 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.
3 Restrictions
3.1 Activities Prohibited on the Platforms
The following is a non-exhaustive list of the types of conduct that are illegal
or prohibited on the Platforms. PSS reserves the right to investigate and
take appropriate legal action against anyone who, in PSS's sole discretion,
engages in any of the prohibited activities. Prohibited activities include, but
are not limited to the following:
3.1.1 using the Platforms for any purpose in violation of local, state, or federal
laws or regulations;
3.1.2 posting any content that infringes the intellectual property rights, privacy
rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing,
abusive, slanderous, hateful, or embarrassing to any other person or entity as determined
by PSS in its sole discretion or pursuant to local community standards;
3.1.4 posting content that constitutes cyber-bullying, as determined by PSS
in its sole discretion;
3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise
risky behavior;
3.1.6 posting telephone numbers, street addresses, or last names of any person;
3.1.7 posting URLs to external websites or any form of HTML or programming code;
3.1.8 posting anything that may be "spam," as determined by PSS in its sole
discretion;
3.1.9 impersonating another person when posting content;
3.1.10 harvesting or otherwise collecting information about others, including e-mail
addresses, without their consent;
3.1.11 allowing any other person or entity to use your identification for posting
or viewing comments;
3.1.12harassing, threatening, stalking, or abusing any person on the Platforms;
3.1.13engaging in any other conduct that restricts or inhibits any other person
from using or enjoying the Websites, or which, in the sole discretion of PSS,
exposes PSS or any of its customers, suppliers, or any other parties to any
liability or detriment of any type; or
3.1.14encouraging other people to engage in any prohibited activities as described
herein.
3.2 PSS reserves the right but is not obligated to do any or all of the following:
3.2.1 investigate an allegation that any content posted on the Platforms does not
conform to these Terms and determine in its sole discretion to remove or request
the removal of the content;
3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise
fails to conform with these Terms;
3.2.3 suspend or terminate a user's access to the Platforms or their PSS Account
upon any breach of these Terms;
3.2.4 monitor, edit, or disclose any content on the Platforms; and
3.2.5 edit or delete any content posted on the Platforms, regardless of whether
such content violates these standards.
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 PSS 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 PSS's trademarks
on any other website not approved by us is strictly prohibited. PSS will aggressively
enforce its intellectual property rights to the fullest extent of the law, including
criminal prosecution. PSS 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 PSS. Use of any materials on the Platforms is
at your own risk.
5 Restrictions on Goods
5.1 Some of the Goods we offer on our Platforms are subject to restrictions for
purchase ("Restricted Goods"), depending on the applicable laws of the country you
purchase the Restricted Goods from. These restrictions include minimum age requirements
for alcohol/alcoholic products and any other goods that we reserve the right not
to deliver to you based on the relevant statutory requirements of the time being
in force.
5.2 Alcohol / Alcoholic Products ("Alcohol")
To purchase Alcohol, you must be of the statutory legal age. PSS, the Vendor
and their delivery riders, as the case may be, reserve the right in their sole discretion:
5.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver
Alcohol;
5.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or
5.2.3 to refuse delivery to any persons for any reason whatsoever.
5.3 Cigarettes/Tobacco Products ("Tobacco")
5.3.1 We may offer Tobacco on some of our Platforms where the laws allow. By offering
Tobacco for sale on our Platforms, we do not purport to advertise, promote or encourage
the purchase or use of Tobacco in any way.
5.3.1 To purchase Tobacco, you must be of the statutory legal age. PSS, the
Vendor and their delivery riders, as the case may be, reserve the right in their
sole discretion:
to ask for valid proof of age (e.g. ID card) to any persons before they deliver
Tobacco;
to refuse delivery if you are unable to prove you are of legal age; and/or
to refuse delivery to any persons for any reason whatsoever.
5.4 Any offer for any Alcohol and Tobacco made on the Platforms is void when it
is prohibited by law.
6 Orders
6.1 When you place an Order with PSS, PSS will confirm your order by
sending you a confirmation email containing the Order receipt. Where applicable,
Orders will include delivery fees and any applicable tax (e.g. goods and services
tax, value-added tax, etc.).
6.2 Minimum Order Value - Some of our Vendors require a minimum order value ("MOV")
before an Order can be placed and delivered to you. Where an applicable Order fails
to meet the MOV, you will have the option of paying the difference to meet the MOV
or to add more Goods to your Order.
6.3 Special Instructions – PSS and the Vendor (as the case may be) reasonably
endeavour to comply with your special instructions for an Order. However in some
cases where this is not feasible, possible or commercially reasonable, PSS
and/or the Vendor reserve the right to proceed to prepare the Order in accordance
with standard operating procedures. Neither PSS nor the Vendor shall be responsible
to replace or refund an Order which does not conform to special instructions provided
by you.
6.4 Allergens – PSS is not obligated to provide ingredient information or
allergen information on the Platforms. Further, PSS does not guarantee that
the Goods sold by Vendors are free of allergens. If you have allergies, allergic
reactions or dietary restrictions and requirements, please contact the Vendor before
placing an Order on our Platforms.
6.5 Please note that your Order may be subject to additional terms and conditions
provided by the Vendor.
6.6 Prior to placing the Order
6.6.1 You are required to provide the delivery address in order for the Platform
to display the Vendors available in your delivery area.
6.6.2 Once you select a Vendor, you will be taken to that Vendor's menu page for
you to select and add your Goods to the cart.
6.7 Placing the Order
To complete an Order, please follow the onscreen instructions after clicking 'Checkout'.
You may be required to provide additional details for us to complete your Order.
You are required to review and confirm that all the information you provide, including
the amounts, delivery details, personal details, payment information, and voucher
codes (if applicable) is true, accurate and complete before you click "PLACE ORDER".
An Order is successfully placed when you receive an email confirmation containing
your Order receipt from us.
6.8 Cancelling an Order
6.8.1 Please contact us immediately via our in-app customer support chat feature
if you wish to cancel your Order after it has been placed. You have the right to
cancel your Order provided a Vendor has not yet accepted your Order.
6.8.2 Refunds
(i) Online Payment Orders
You have the right to a refund for a cancelled Order only if a Vendor has not yet
accepted your Order. Should you still decide to cancel your Order after it has been
accepted by the Vendor, you understand that no refunds (whether in whole or in part)
will be issued to you and you forfeit the delivery of your cancelled Order.
(ii) Cash-on-Delivery Orders
You have the right to cancel your Order only if a Vendor has not yet accepted your
Order. Should you still decide to cancel your Order after it has been accepted by
the Vendor, you understand that you shall forfeit the delivery of your cancelled
Order and cash-on-delivery may be removed from your list of available payment methods
for your future orders.
6.9 PSS reserves the right to cancel any Order and/or suspend, deactivate
or terminate your PSS account in its sole discretion if it reasonably suspects
or detects fraudulent behavior or activity associated with your PSS account
and/or with your Order.
7 Prices and Payments
7.1 Prices quoted on the Platform shall be displayed in the applicable country's
national currency and subject to applicable tax. Prices and offers on the Platforms
may vary from the prices and you accept that offers offered by our Vendors (either
on their own websites, mobile applications, or at their brick-and-mortar outlets).
7.2 The way we display the prices of our Goods may vary depending on the Vendor,
and the prices reflected on our Platforms may:
7.2.1 include GST, VAT or such other equivalent tax; or
7.2.2 exclude GST, VAT or such other equivalent tax.
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.
7.3 Delivery fees are chargeable on every Order unless:
7.3.1 you opt to collect your Order directly from the Vendor ("Pick-Up");
7.3.1 you have a valid promotional or discount voucher and apply it at Checkout;
or
7.3.3 unless stated otherwise.
7.4 Prices indicated on the Platforms are as at the time of each Order and may be
subject to change.
7.5 You can choose to pay for an Order using any of the different payment methods
offered on the Platforms including:
7.5.1 Our payment partners: Visa, Mastercard, American Express, Google Pay, PayPal,
Apple Pay;
7.5.2 Cash-on-Delivery; or
7.5.3 Such other payment method we offer from time to time.
7.6 If you have existing credit in your PSS account or valid promotional or
discount vouchers, you can use this pay for part or all of your Order as the case
may be.
7.7 After an Order is successfully placed, you will receive an email confirmation
from us with your Order receipt. Delivery fees will not appear in your Order receipt
if you opt for Pick-Up.
7.8 Payment Methods
PSS reserves the right to offer additional payment methods and/or remove existing
payment methods at anytime in its sole discretion. If you choose to pay using an
online payment method, the payment shall be processed by our third party payment
service provider(s). With your consent, your credit card / payment information will
be stored with our third party payment service provider(s) for future orders. PSS
does not store your credit card or payment information. In case of the Platforms
in Cambodia, Myanmar and Laos, PSS makes use of the services of Delivery Hero
(Singapore) Pte. Ltd. for the handling and processing of payments transactions for
your purchase on the Platforms and for customer support issues related to these
payments such as dispute management, refunds cancellations and returns, and if applicable,
local consumer law matters.
7.9 You must ensure that you have sufficient funds on your credit and debit card
to fulfil payment of an Order. Insofar as required, PSS takes responsibility
for payments made on our Platforms including refunds, chargebacks, cancellations
and dispute resolution, provided if reasonable and justifiable and in accordance
with these Terms.
8 Delivery, Pick-Up and Vendor Delivery
8.1 Delivery Areas
You understand that our Vendors offer their Goods in specific delivery areas and
our Vendors vary from delivery area to delivery area. By entering your delivery
address on the Platforms, you will see the Vendors that we make available to you
at that time. Delivery areas may expand, shrink or change depending on weather and
traffic conditions and situations of force majeure.
8.2 Delivery Time
8.2.1 PSS shall deliver your Order to the delivery address provided by You.
You may choose for your Order to be delivered "ASAP" or scheduled for a specific
time. An estimated delivery time will be provided to you in your email confirmation
but delivery times shall vary depending on factors that are not controlled by us
(e.g. order quantity, distance, time of day (peak periods), weather conditions,
traffic conditions, etc.). You can view the remaining delivery time of an Order
when you click on 'My orders' on the Platforms. You acknowledge that the delivery
time we provide is only an estimate and Orders may arrive earlier or later. To ensure
that you do not miss a delivery of an Order, you should ensure that either you or
someone is at the delivery location to receive the Order once an Order is placed.
If your Order contains Alcohol or Tobacco (if applicable) and you or the recipient
is or appears to be below the legal age, or fails to provide a valid proof of ID,
PSS reserves the right not to deliver your Order to you.
8.3 Unsuccessful or Failed Deliveries
8.3.1 In cases where we attempt to deliver an Order but we are unable to do so due
to the reasons caused by you, including but not limited to:
(i) no one was present or available to receive the Order; or
(ii) customer was uncontactable despite attempts to reach the customer via the phone
number provided; or
(iii) lack of appropriate or sufficient access to deliver the Order successfully;
(iv) lack of a suitable or secure location to leave the Order; or
(v) in the case of Restricted Goods, customer did not meet the statutory age requirements
or delivery did not deem it safe or appropriate for the customer to receive the
Restricted Goods.
8.3.2 No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes
from the time the Order arrives at your delivery address, PSS reserves the
right to cancel the Order without refund or remedy to you.
8.4 Wrong Order, Missing Items, Defective Goods
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
via one of the methods indicated in Clause 1.3 above immediately. In some cases,
PSS may request for photographic proof and/or additional information to properly
investigate the issue with your Order. If we determine that the Order and/or Goods
you received are not of satisfactory condition or quality, we will compensate you
for your Order or parts of your Order.
8.5 Order Pick-Up
8.5.1 Where available, you will have the option of collecting your Order in-person
directly from the Vendor's premises ("Pick-Up") instead of having the Order delivered
to You. Your email confirmation will indicate the time for you to Pick-Up the Order
("Collection Time"). The Vendor will prepare the Order by the Collection Time. In
some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order
for you at the Vendor's premises for no more than a reasonable period of twenty
(20) minutes from the Collection Time ("Holding Time") and shall not be obliged
to provide the Order to you if you fail to Pick-Up your Order within the Holding
Time.
8.5.2 In the event of unreasonable delays in Pick-Up attributable to you, you bear
the risk of any damage or loss of Goods or any deterioration in quality or change
in condition of the Goods (e.g. changes in the temperature fit for consumption).
In this case, you shall not be entitled to a replacement, refund or replacement
of the Goods. You alone are responsible for inspecting the Goods/Order when you
Pick-Up your Order and shall report any issues and/or defects to the Vendor before
leaving the Vendor's premises.
8.6 Vendor Delivery
In some cases, our Vendors will deliver the Order to you ("Vendor Delivery"). While
we will use reasonable efforts to provide prior notice to you on Vendor Delivery,
this may not always be possible. Where Vendor Delivery applies, we may ask you to
contact the Vendor directly in the event of issues or delays in your delivery. PSS
shall not be responsible in any way for Orders or Goods that are delivered by Vendors.
9 Vouchers, Discounts and Promotions
9.1 From time to time, PSS 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.
9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts
or other vouchers. Additional terms and conditions may apply to Vouchers.
9.3 Unless otherwise stated, Vouchers can only be used on our Platforms.
9.4 Vouchers cannot be exchanged for cash.
9.5 PSS reserves the right to void, discontinue or reject the use of any Voucher
without prior notice Individual restaurants terms & conditions apply
9.6 We may exclude certain Vendors from the use of Vouchers at any time without
prior notice to you.
10 Representations, Warranties and Limitation of Liabilities
10.1 Representations and Warranties
You acknowledge and agree that the content on the Platforms are provided on an "as
is" and "as available" basis, and that your use of or reliance upon the Platforms
and any content, goods, products or services accessed or obtained thereby is at
your sole risk and discretion. While PSS makes reasonable efforts to ensure
the provision of the Platforms and the services we offer, are available at all times,
we do not warrant or represent that the Platforms shall be provided in a manner
which is secure, timely, uninterrupted, error-free, free of technical difficulties,
defects or viruses. Please expect temporary interruptions of the Platform due to
scheduled or regular system maintenance work, downtimes attributable to internet
or electronic communications or events of force majeure.
Limitation of Liability
To the extent permitted by law, PSS (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 posted on it. Your exclusive
remedy with respect to your use of the Platforms is to discontinue your use of the
Platforms. The PSS 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, work stoppage, computer failure, or malfunction,
or any other commercial damages or losses, even if the PSS 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,
PSS, the PSS entities, its agents, representatives and service providers'
liability shall be limited to the extent permitted by law.
10.3 Vendor's representations
PSS shall neither be liable for actions or omissions of the Vendor nor you
in regard to provision of the Goods and where Vendor Delivery applies to your Order.
PSS does not assume any liability for the quantity, quality, condition or
other representations of the Goods and/or services provided by Vendors or guarantee
the accuracy or completeness of the information (including menu information, photos
and images of the Goods) displayed on the Vendor's listing/offering on the Platform.
Nothing in these Terms shall exclude Vendor's liability for death or personal injury
arising from Vendor's gross negligence or willful misconduct.
11 Vendor Liability
Vendors are responsible for the preparation, condition and quality of Goods. In
cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or
Orders. PSS shall not be liable for any loss or damage arising from your contractual
relationship with the Vendor.
12 Personal Data (Personal Information) Protection
You agree and consent to PSS and any of its affiliate companies collecting,
using, processing and disclosing your Personal Data in accordance with these Terms
and as further described in our Privacy Policy. Our Privacy Policy is available
via the links on our Platforms, and shall form a part of these Terms.
13 Indemnity
You agree to indemnify, defend, hold harmless PSS, its directors, officers,
employees, representatives, agents, and affiliates, from any and all third party
claims, liability, damages and/or costs (including but not limited to, legal fees)
arising from your use of the Platforms or your breach of these Terms.
14 Third Party Links and Websites
The Platforms may contain links to other third party websites and by clicking on
these links, you agree to do so at your own risk. PSS does not control or
endorse these third party websites or links and shall not be responsible for the
content of these linked pages. PSS accepts no liability or responsibility
for any loss or damage which may be suffered by you in relation to your access and
use of these third party links and websites.
15 Termination
PSS has the right to terminate, suspend or delete your account and access
to the Platforms, including any delivery service we provide to you in respect of
an Order, for any reason, including, without limitation, if PSS, in its sole
discretion, considers your use to be unacceptable, or in the event of any breach
by you of the Terms. PSS may, but shall be under no obligation to, provide
you a warning prior to termination of your use of the Websites.
16 Amendments
PSS may amend these Terms at any time in its sole discretion. The amended
Terms shall be effective immediately upon posting and you agree to the new Terms
by continued use of the Platforms. It is your responsibility to check the Terms
regularly. If you do not agree with the amended Terms, whether in whole or in part,
you must stop using the Platforms immediately.
17 Severability
If any provision of these Terms of Use is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms of Use, which shall remain in full force
and effect. No waiver of any provision in these Terms of Use shall be deemed a further
or continuing waiver of such provision or any other provision.
18 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 or via our in-app customer support chat
feature.