TERMS & CONDITIONS
Introduction
Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms and consent to the processing of your personal data in accordance with the terms set out in the Privacy Policy https://www.mhiawfood.my/privacy-policy If you do not agree with the Terms, please do not access or use the Platform, or the Services
The Platforms may be used by:
(i) Natural persons who have reached 18 years of age.
(ii) Corporate legal entities, e.g companies.
(iii) 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.
mhiawfood 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 you.
About Us
1.1 Who We Are
These Terms form the contract between you and the mhiawfood platform provided by Mhibus Soft Sdn Bhd (1607009-H).
1.2 What We Do
Through our Platforms, mhiawfood links you to the Vendor (“Restaurants”) 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”). These Goods are delivered to you by our “riders”, who are independent third-party contractors (who are not mhiawfood). When you place an order for Goods from our Restaurants (“Order”), mhiawfood acts as an agent on behalf of that Restaurant to facilitate, process and conclude the order and subsequently for either us or the Restaurant to deliver your Order to you. Restaurants may be owned and operated by third party Restaurants, 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.
Use of the Platforms and mhiawfood Account
2.1 You will need to register for a mhiawfood account for you to use the Platform. When you register for a mhiawfood 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 always secret. 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 mhiawfood account are your sole responsibility.
2.2 mhiawfood 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 mhiawfood account, please send us an email requesting the same. We may restrict, suspend or terminate your mhiawfood account and/or use of the Platforms, if we reasonably believe that:
2.3.1 someone other than you is using your mhiawfood account.
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.
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. mhiawfood reserves the right to investigate and take appropriate legal action against anyone who, in mhiawfood’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 mhiawfood in its sole discretion or pursuant to local community standards.
3.1.4 Posting content that constitutes cyber-bullying, as determined by mhiawfood in its sole discretion.
3.1.5 Posting content that depicts any dangerous, life-threatening, or otherwise risky behaviour.
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 mhiawfood 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.
3.1.12 Harassing, threatening, stalking, or abusing any person on the Platforms.
3.1.13 Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of mhiawfood, exposes mhiawfood or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
3.1.14 Encouraging other people to engage in any prohibited activities as described herein.
3.2 mhiawfood reserves the right but is not obligated to do any or all 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 mhiawfood Account upon any breach of these Terms.
3.2.4 Monitor, edit, or disclose any content on the Platforms.
3.2.5 Edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.
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 mhiawfood 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 mhiawfood’s trademarks on any other website not approved by us is strictly prohibited. mhiawfood will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. mhiawfood 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 mhiawfood. Use of any materials on the Platforms is at your own risk.
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. mhiawfood, the Restaurant and their delivery riders 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.
5.2.3 To refuse delivery to any persons for any reason whatsoever.
5.4 Any offer for any Alcohol made on the Platforms is void when it is prohibited by law.
Orders
6.1 When you place an Order with mhiawfood, mhiawfood 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 Orders 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 – mhiawfood and the Restaurant (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, mhiawfood and/or the Restaurant reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither mhiawfood nor the Restaurant shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.4 Allergens and Dietary Restrictions – mhiawfood is not obligated to provide ingredient information, or allergen, dietary restriction or special dietary requirement information on the Platforms. Furthermore, mhiawfood does not guarantee that the Goods sold by Restaurants are free of allergens or comply with any special dietary requirements, it is your responsibility to contact the Restaurant before placing an Order on our Platforms. mhiawfood shall not be held liable for any adverse reactions or consequences arising from the consumption of Goods sold by Restaurants.
6.5 Please note that your Order may be subject to additional terms and conditions provided by the Restaurant.
6.6 Prior to placing the Order
6.6.1 You are required to provide the delivery address for the Platform to display the Restaurants available in your delivery area.
6.6.2 Once you select a Restaurant, you will be taken to that Restaurant’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.
Cancelling an Order
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 Restaurant has not yet accepted your Order.
Refunds
8.1 Restaurant has not yet accepted the Order
You have the right to a refund for a cancelled Order only if a Restaurant has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Restaurant, 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.
8.2 Unsuccessful or Failed Deliveries
8.2.1 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.
(ii) Customer was uncontactable despite attempts to reach the customer via the phone number provided.
(iii) Lack of appropriate or sufficient access to deliver the Order successfully.
(iv) Lack of a suitable or secure location to leave the Order.
(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. We will contact you via, among others, call or message, or email, to inform the unsuccessful delivery and next steps. In such cases, mhiawfood reserves the right to cancel the Order without refund to you.
8.2.2 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, mhiawfood reserves the right to cancel the Order without refund to you.
8.3 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 immediately. In some cases, mhiawfood 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.
8.4 Pickup
In the event of unreasonable delays in Pickup 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 Pickup your Order and shall report any issues and/or defects to the Restaurant before leaving the Restaurant’s premises.
We may require you to provide additional information or supporting documents prior to processing any refund, including picture proof of physical receipts for Pickup Orders. We may, in our sole discretion, refuse to process any refund if you fail to provide such additional information or supporting documents.
If you have not received a refund, you may wish to check your bank account again or contact your credit card company or bank as it may take some time for your refund to be posted. If you have done all of this and you still have not received your refund, please contact customer support.
Mhiawfood reserves the right to cancel any Order and/or suspend, deactivate or terminate your mhiawfood account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your mhiawfood account and/or with your Order.
Prices and Payments
9.1 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 Restaurants (either on their own websites, mobile applications, or at their brick-and-mortar outlets).
9.2 The way we display the prices of our Goods may vary depending on the Restaurant, and the prices reflected on our Platforms may:
9.2.1 Include SST, VAT or such other equivalent tax.
9.2.2 Exclude SST, VAT or such other equivalent tax.
9.3 Delivery fees are chargeable on every Order unless:
9.3.1 You opt to collect your Order directly from the Restaurant (“Pickup”).
9.3.2 You have a valid promotional or discount voucher and apply it at Checkout.
9.3.3 Unless stated otherwise.
9.4 Prices and additional charges (including but not limited to Delivery, Small Order or Service fees) indicated on the Platforms are as at the time of each Order and may be subject to change.
9.5 A breakdown of the prices and additional charges (including but not limited to Delivery, Small Order or Service fees) 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.
9.6 You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:
9.6.1 Our payment partners: Visa, Mastercard, American Express, Google Pay, PayPal, Apple Pay.
9.6.2 Cash-on-Delivery.
9.6.3 Such other payment method we offer from time to time.
9.7 If you have existing credit in your mhiawfood account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be.
9.8 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 Pickup.
9.9 Payment Methods
mhiawfood reserves the right to offer additional payment methods and/or remove existing payment methods at any time 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. mhiawfood does not store your credit card or payment information.
9.10 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, mhiawfood 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.
Delivery and Pickup
10.1 Delivery Areas
You understand that our Restaurants offer their Goods in specific delivery areas and our Restaurants vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Restaurants 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.
10.2 Delivery Time
mhiawfood 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 (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, mhiawfood reserves the right not to deliver your Order to you.
10.3 Delivery Options
mhiawfood offers the following delivery options:
(i) Standard Delivery
If you choose standard delivery, you will be shown an estimated delivery time for your Order. However, we will attempt to deliver your Order as soon as possible, and you must therefore be available to accept delivery from the time you place the order.
(ii) Scheduled Delivery
The scheduled delivery programme (the “Scheduled Delivery”) allows you to choose a specific timing to schedule an Order in advance for delivery at a specific time. Scheduled Delivery may be changed, withdrawn or terminated by mhiawfood at any time without prior notice to you. mhiawfood shall not be liable for any claim, loss or damage whatsoever incurred by you arising from you voluntarily opting in to Scheduled Delivery.
10.4 Order Pickup
10.4.1 Where available, you will have the option of collecting your Order in-person directly from the Restaurant’s premises (“Pickup“) instead of having the Order delivered to You. Your email confirmation will indicate the time for you to Pickup the Order (“Collection Time”). The Restaurant will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Restaurant agrees to hold the Order for you at the Restaurant’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 Pickup your Order within the Holding Time.
Vouchers, Giftcards, Discounts and Promotions
11.1 From time to time, mhiawfood may run marketing and promotional campaigns which offer gift with purchase (“Gifts”), 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.
11.2 mhiawfood also allows for the purchase and redemption of giftcards on the Platform by users in Malaysia (“Giftcards”).
11.3 Vouchers, Gifts and Giftcards are subject to validity periods, redemption periods, use restrictions, limits and/or other availability. All Vouchers, Gifts and Giftcards are offered on a ‘while stocks last’ basis.
11.4 Vouchers, Gifts and Giftcards may not be valid when used in conjunction with other promotions, discounts or other vouchers.
11.5 Additional terms and conditions (including Restaurant specific terms) may apply to Vouchers, Gifts and Giftcards.
11.6 Unless otherwise stated, Vouchers and Giftcards can only be used on our Platforms. Vouchers and Giftcards can be redeemed by selecting the payment mode as Vouchers and/or Giftcards respectively.
11.7 Vouchers, Gifts and Giftcards are non-exchangeable, non-refundable and cannot be exchanged for cash. Further, Vouchers and Gifts are non-transferable.
11.8 For an Order which qualified for the Gifts and/or Giftcards, should such Order be refunded, cancelled or void, mhiawfood has the sole discretion to:
(i) Determine the full value of the Gifts.
(ii) Determine the value of the Giftcard to be refunded.
(iii) Deduct such value from the refund amount in accordance with our refund policy.
11.9 mhiawfood does not warrant the quality or performance of the Gifts and/or Giftcards and shall not be responsible for any damages including, but not limited to, the loss of life, injury to person and/or damage to property arising from or in connection with the promotion and/or use of the Gifts and/or Giftcards.
11.10 mhiawfood is not responsible if your Giftcard is stolen, lost, destroyed or used without your permission. mhiawfood shall not be responsible and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any Giftcard.
11.11 mhiawfood may withdraw, amend and/or alter any applicable terms and conditions of the Vouchers, Gifts and/or Giftcards at any time without prior notice.
11.12 mhiawfood reserves the right to void, discontinue or reject the use of any Voucher and/or Giftcard at any time without prior notice for reasons including but not limited to:
(a) any suspected violation of applicable laws, rules and regulations.
(b) any suspected fraudulent or illegal transaction.
11.13 mhiawfood further reserves the right to void, discontinue or reject the use of a Giftcard without prior notice for reasons including but not limited to:
(a) any (i) liquidation, administration or winding -up of your company or (ii) voluntary arrangement with your creditors.
(b) any suspension of payment due to mhiawfood in relation to the Giftcards.
11.14 mhiawfood may at its sole discretion forfeit, exclude, disqualify or refuse your use of Vouchers, Gifts and/ or Giftcards redemption from certain Restaurants, at any time without prior notice.
11.15 You confirm that the recipient email address, Giftcard value and all other information provided to mhiawfood is accurate. mhiawfood shall not be responsible and assumes no liability if the Giftcard is delivered to an unintended recipient or if the details provided by you are incomplete and/ or inaccurate. By providing mhiawfood with your Giftcard recipient’s email address, you warrant that you have the legal basis to do so.
11.16 If the order value is less than the amount of the Giftcard, the outstanding balance (after deduction of order value) will reflect under the same Giftcard and can be used for subsequent transactions.
Restaurant Liability
Restaurants are responsible for the preparation, condition and quality of Goods. In cases of Restaurant Delivery, Restaurants are responsible for delivery of the Goods and/or Orders. Mhiawfood shall not be liable for any loss or damage arising from your contractual relationship with the Restaurant.
Rider Tip
13.1 Rider Tip is applicable for all Orders except for cash-on-delivery orders and Orders delivered by Restaurant Delivery. When you place an Order on the Platform and/or after your order is delivered, you will have the option to pay a tip to the mhiawfood rider assigned to deliver your Order (“Rider Tips”). mhiawfood will collect payment for the Rider Tip using the payment method chosen by you for the Order. The rider will receive the full amount of any Rider Tip you choose to make once the delivery is completed.
13.2 For Orders cancelled before delivery, mhiawfood will process a refund of any Rider Tip paid by you to the payment method used for the Order. Refunds will require time to be processed by us, your credit card company and/or your bank. It can take anywhere from five (5) to ten (10) business days (or even up to 30 days for overseas banks) for your refund to be processed and reflected in your account.
13.3 Rider Tips are not refundable once the Order has been delivered by the rider and/or once you agree to pay after your Order is delivered.
13.4 If you have any questions or issues regarding your Rider Tip, please reach out to our customer support via email or the in-app chat feature available on the Platform.
Personal Data (Personal Information) Protection
You agree and consent to mhiawfood 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.
Indemnity
You agree to indemnify, defend, hold harmless mhiawfood, its directors, officers, employees, representatives, agents, and affiliates, from 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.
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. mhiawfood does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. mhiawfood 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.
Termination
mhiawfood 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 mhiawfood, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. mhiawfood may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
Amendments
mhiawfood 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.
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.
Prevailing Language
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.
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.
Last modified: 14 March 2025