Terms & Conditions
Ogoodee, Pulse Ecommerce Sdn Bhd 202101021927(1422227-A) and its subsidiaries and affiliates (“Ogoodee”, “we”, “our”, or “us”) own and operate certain websites, mobile device applications, and other tools, technology, and programs (collectively, the “Platform”), as well as services associated with or made available through the Platform (collectively, the “Services”). These Terms and Conditions (“Terms”) govern your access to the Platform and Services and constitute a legal agreement between you and Ogoodee.
So please read them carefully on the following Terms of Service and Disclaimer before using this Platform.
You must exit this Platform immediately if you do not agree to the Terms and Conditions or are not of a legal age for purchasing / consuming alcoholic beverages.
1. SHOPPING WITH OGOODEE
The Platform and Services on the sale of alcohol are for persons 21 years of age and older and are prohibited to anyone professing the religion of Islam.
Health Warning: (MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN, Jualan minuman beralkohol adalah untuk pelanggan BUKAN ISLAM dan berumur 21 TAHUN ke atas sahaja.)
Failure to present a valid photo Identity Card (IC) is grounds for delivery refusal with no returns available under the Returns Policy.
Ogoodee: our Services enable you to search online for alcohol and other products available for sale by licensed alcohol retailers/ other retailers that have agreed to use Ogoodee’s platform (“Retailers”). The Services are not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler, or distributors of alcohol beverages to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee.
Ogoodee is not a delivery company or a common carrier. The delivery of your order will be facilitated by a delivery service utilized by the Platform or the Retailer. Ogoodee does not guarantee shipping or delivery times and is not liable for the actions, omissions or content/ product of Retailers or any delivery driver / service.
We, in our sole discretion, revises the Terms and Conditions from time to time and it is your responsibility to review the Terms and Condition each time you access this Platform. Any revisions posted, with your continued use of this Platform will constitute your agreement to such changes. We reserve the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Platform, without notice.
To receive delivery, you must live in a residential apartment, corporate address or a home and you must be present to receive your order from the delivery service during the informed delivery window. An alternative receiver can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under the same terms & conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed authorized to receive the delivery.
In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustment to our delivery schedule, which will cause us to suspend chosen delivery times. If your designated delivery location (i.e., street, avenue, precinct etc.) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location.
The Platform is intended for use mainly for Malaysia residents and makes no claims that the content of this Platform is appropriate outside of Malaysia.
2. PROMOTION AND REFERRAL CODES
Ogoodee and Retailers, at their sole discretion, may make promotional offers available to you. You agree that promotional offers: (a) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Ogoodee; (c) are subject to the specific terms that Ogoodee and Retailers establish for such promotional offer; (d) cannot be redeemed for cash or cash equivalent; and (e) are not valid for use after the date indicated in the offer.
Ogoodee and Retailers reserve the right to modify or cancel an offer at any time. If you attempt to evade restrictions on offer redemption, we may decline to redeem your code.
3. GIFT ORDERS
When you send a gift order, provide the full name, email address, delivery address and phone number of the gift recipient. If you choose to keep the gift a surprise, we will not inform your gift recipient of the order, and you assume the risk that they will not be present to receive the order, including any redelivery or restocking fees. If permitted, the gift recipient can also designate someone to pick up or receive the gift on their behalf. Your gift recipient or their designate may be required to present a valid form of identification and a signed acknowledgment confirming acceptance at the time of pick-up or delivery. As with any order, we (or their delivery provider) may refuse or cancel a gift order or delivery for any reason.
4. USER CONDUCT AND CONTENT
You are solely responsible for the information, content and context of any materials you post or submit through the Platform. You shall not upload, post, transmit, distribute or otherwise publish through the Platform as such which:
a) are unlawful, harassing, profane, threatening.
b) encourage conduct that would constitute a criminal offense or give rise to civil liability;
c) contain virus or harmful component.
d) contain false or misleading indications of origin or statement of fact
e) you also warrant and agree that you shall not send, forwards or distribute in any means of material or content of the Platform to persons under the legal alcohol drinking/ or purchasing age in our/ their country of residence.
f) restrict other users from using and enjoying the Platform.
Ogoodee will fully cooperate with any law enforcement authorities or court order requesting or directing Pulse Ecommerce Sdn Bhd to disclose identity of or help identify anyone transmitting any such content.
Ogoodee may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Ogoodee textual, audio, and/or visual content and information, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to us, you grant Ogoodee a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Ogoodee’s business and on third party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Ogoodee the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Ogoodee’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Ogoodee in its sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, and remove User Content, at Ogoodee’s sole discretion and at any time and for any reason, without notice to you.
Ogoodee will organise social interactive sessions on Platform or off Platform, from time to time, however we are under no obligation to oversee or moderate any interactive sessions provided. We expressly exclude our liability for any loss or damage arising from the use of any interactive sessions by any users.
5. COMMUNICATIONS AND MESSAGES
When you use the Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your voluntary provision to us of your mobile phone number represents your consent that Ogoodee and Retailers with which you place an order, delivery drivers, and delivery services may contact you by telephone or SMS, messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. When you provide your phone number to Ogoodee, you warrant that you are the authorized user of the relevant account. You understand and agree that such messages may be sent using automated technology. You may unsubscribe from receiving text messages from us at any time. To revoke your consent to receiving SMS or messages from Ogoodee, you must reply “STOP” from the mobile device receiving the messages.
If you unsubscribe from receiving text messages from us, you may continue to receive text messages for a short period while Ogoodee processes your request(s).
6. DISCLAIMER OF WARRANTIES
The Platform and Services are provided ‘as is” and “as available”. Ogoodee disclaims all representations and warranties, express, implied, statutory, not expressly set out in these terms, including the implied warranties of merchantability, firmness of particular purpose and non-infringement. In Addition, Ogoodee makes no representation, warranty or guarantee regarding the reliability, timeline, quality, suitability, or availability of the Platform and Services or products requested through the use of the Platform an Services, or that the platform and Services will be uninterrupted or error-free.
Ogoodee does not guarantee the quality, suitability, safety or ability if any third party. You agree that the entire risk arising out of your use of the Platform or Services, and any service or products requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
7. TERMINATION
This Agreement constitutes a binding agreement between you and Ogoodee until terminated by you us, which Ogoodee may do at any time, without notice, in our sole discretion. If you become dissatisfied with the Platform, in any way, your only recourse is to immediately discontinue use of the Platform.
8. JURISDICTION OF APPLICABLE LAW
The Terms and Conditions shall be governed by and in accordance with the laws of Malaysia, without regard to conflict of law’s provisions. You must comply to this jurisdiction, applicable to your use of the Platform and Services.
9. RETURN, REFUNDS AND EXCHANGES
The Platform and Retailers, at their sole discretion, determine whether return, refund or exchange is available to you. Example: you may be able to return a tainted or damaged product for a refund or credit, or exchange it for something else. In the case of you receiving a product as a gift, you cannot exchange the product, if you want something else instead from the Platform. Ogoodee makes no representations concerning your ability to return a product.
A dispute might arise between you and Ogoodee. If that happens, Ogoodee is committed to work with you to reach a reasonable resolution. For any issue or dispute that arises between you and Ogoodee, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise.
10. RESTRICTION ON USE
You may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Platform; (b) reproduce, modify, prepare derivative works based upon, license, distribute, sell, resell, lease, transfer, publicly display, transmit, stream, broadcast or otherwise exploit the Platform / Services except as expressly permitted by Ogoodee; (c) decompile, cause or launch any programs / scripts for the purpose of unduly burdening or hindering the operation and/ or functionality of any aspect of the Platform / Services; (d) attempt to gain unauthorised access to or impair any aspects of the Platform, Services or our related systems or networks.