Terms and Conditions
TERMS OF USE
Welcome! You have entered the website owned and operated by Ratekid Marketing Sdn. Bhd. identified by the URL Ratekid.com (the “Ratekid“), but before proceeding further please read carefully the following Terms and Conditions of Use which will govern your use of Ratekid (”Terms and Conditions” which expression shall include any modification that may from time to time be made thereto by Ratekid).
The Ratekid may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. 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 Ratekid 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 Ratekid immediately.
By using Ratekid, you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the Ratekid Policies constitute a legally binding agreement (“Agreement”) between you and Ratekid. Ratekid reserves the right to change or modify these Terms in the Agreement (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments. If you do not agree or fall within the Terms, please do not use the Ratekid.
Ratekid
1.1 Ratekid is a marketing company that utilized technology to provide a platform for users to obtain services provided by third party providers. Ratekid’s role is merely to link the user with such third party provider. Ratekid is not responsible for the acts and/or omissions of any third party provider,and any liability in relation to such services shall be borne by the third party provider. Third party providers shall not represent to be an agent, employee or staff of Ratekid and the solutions provided by third party providers shall not be deemed to be provided by Ratekid. Ratekid only take responsibility for actions that are done by its employee.
1.2 Through Ratekid, Ratekid links you to the merchants (“Merchants”) for you to order a variety of goods including prepared meals, non-prepared food, miscellaneous non-food items and digital products (hereinafter collectively referred to as “Goods“) to be delivered to you. When you place an order for Goods from our Merchants (“Order”), Ratekid acts as an agent on behalf of that Vendor to facilitate, process and conclude the order and subsequently for us to deliver your Order to you. Merchants may be owned and operated by third party vendors, our affiliate companies, or us.
1.3 For customer support, you may reach out to us via email or through link that reach our whatsapp support. For interest in joining Ratekid merchant partner, you may sign up at our page and agree to our Terms and Conditions. For interest in joining in Ratekid influencer program, you may sign up at our page and agree to our agreements.
2. Use of the Ratekid and Ratekid account
2.1 Ratekid grants you a limited non-exclusive license to access and make personal and non-commercial home use of this Site. As such, you cannot download the Ratekid (other than page caching) or modify the Ratekid or its contents or any portion of the Ratekid or any of its contents, except with the prior written consent of Ratekid. This license does not include any resale or commercial use of Ratekid or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Ratekid or its contents; any downloading or copying of account information for the benefit of another merchant and/or user; or any use of data mining, robots, or similar data gathering and extracting tools. Ratekid or any portion of Ratekid may NOT be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior express written consent of Ratekid. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ratekid without Ratekid’s prior express written consent. You may not use meta tags or any other “hidden text” utilising Ratekid and the Ratekid name or trademarks without the prior written consent of Ratekid. Any unauthorised use automatically terminates the permission or license granted by Ratekid. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of Ratekid so long as the link does not in any manner whatsoever or howsoever portray or depict Ratekid, or its products or services in false, misleading, derogatory, obscene or otherwise offensive light or manner. You may not use any Ratekid logo or other proprietary graphic or trade mark as part of the link without Ratekid’s prior express written consent.
2.2 You will need to register for a Ratekid account for you to use Ratekid. When you register for a Ratekid 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 Ratekid account are your sole responsibility.
2.3 you agree to (i) provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information as prompted by the Order form (the “Order Data”) and to (ii) maintain and promptly update the Order Data to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your Order Data or passwords and for restricting access to your computer, and you agree to accept responsibility for all activities that occur. Ratekid cannot and will not be liable for any loss or damage arising from your failure to comply with this Terms and Conditions. Ratekid reserves the right to refuse service, remove or edit content, or cancel orders at its sole discretion.
2.4 We may restrict, suspend or terminate your Ratekid account if we reasonably believe that someone other than you is using your Ratekid account or 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 Ratekid.
3. Restrictions
3.1 Ratekid act as a platform for retailers that have signed up as Ratekid Merchant together with a delivery feature. The permited activities shall be resolve around that purpose only. Any activities that are not related to Ratekid purposes are illegal or prohibited on the Ratekid. Prohibited activites include, but are not limited to using Ratekid with the purpose of violating the laws or regulation, posting content that is harmful or unrelated and infringes the rights of any party.
3.2 Ratekid reserves the right to investigate and take appropriate legal action against anyone who, in Ratekid’s sole discretion, engages in any of the prohibited activities. All users of Ratekid is responsible for their own posts and for any posts or activites that Ratekid has deemed as prohibited activites on Ratekid, Ratekid will remove all of it or terminate a user access to Ratekid Account without informing the violator. Ratekid may edit or delete any content posted on the Ratekid, regardless of whether such content violates these standards.
4. Intellectual Property
Ratekid and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service or any intellectual property rights owned by Ratekid and/or its licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these intellectual property in any way without our prior express written consent. Ratekid will enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Ratekid neither warrants nor represents that your use of materials displayed on the Ratekid will not infringe rights of third parties not owned by or affiliated with Ratekid. Use of any materials on the Ratekid is at your own risk.
5. Indemnity
You hereby agree to indemnify and forever save Ratekid, its affiliates, directors, officers, employees, owners, agents, information providers, licensors and licensees harmless, from and against any and all losses, claims, demands, damages, liabilities and/or costs and expenses, including legal costs, on a full indemnity basis, which may arise from your use of the Ratekid, including, but not limited to, any breach of any of the Terms and Conditions, or your violation of any rights of another. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right (but have no obligation), at our own expense, to assume the exclusive defence and control of any matter subject always to full indemnification by you. You hereby acknowledge and agree that any breach of the Terms and Conditions will result in irreparable harm and/or losses to Ratekid for which monetary damages would or may not be an adequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Ratekid will be entitled to equitable relief, including both a preliminary or interlocutory and permanent injunction, if such a breach occurs. You irrevocably waive any requirement for the posting of a bond or other security if Ratekid seeks such an injunction.
6. Disclaimer of warranties and limitation of liability
You knowledge and agree the content on Ratekid are provided on an “as is” and “purchase now” basis. Ratekid makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on Ratekid. You expressly acknowledge and agree that your use of Ratekid is at your sole risk. Ratekid disclaims all express or implied representations, warranties and conditions of any kind, including, but not limited to, implied warranty or condition of merchantability and/or fitness for a particular purpose or non-infringement. Ratekid makes no representations, warranties, conditions or guarantees that this site or the functions contained in the materials on the site will meet your requirements; will be uninterrupted, timely, secure or error-free or that defects will be corrected. Ratekid does not warrant that this site, its servers, or e-mail sent from Ratekid are free of viruses or other harmful components or that the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Ratekid will not be liable for any special, direct, indirect, incidental, punitive, and consequential damages or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill or savings, business interruption, loss of information, whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following (I) The use or the inability to use the site, (II) Any defect in goods, samples, data, information or services purchased or obtained from a user or a third party service provider through the site, (III) Unauthorised access by third parties to your data or private information, (IV) Statements or conduct of any user of the site, or (V) Any matters relating to services acquired through the site however arising, including negligence.
Any material downloaded or otherwise obtained through the site is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss or corruption of data that results or may result from the download of any such material, including any damages resulting from computer viruses. No advice or information, whether oral or written, obtained by you from the Ratekid or through shall create any warranty or condition not expressly stated herein. Under no circumstances shall Ratekid be held liable for a delay or failure or disruption of the content or services delivered though the Ratekid resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of god, acts of terrorists, war, government actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Ratekid shall neither be liable for actions or omissions of the Merchants, any affiliates nor you in regard to provision of the Goods. Ratekid does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Merchants or guarantee the accuracy of the information (including menu information, photos and images of the Goods) displayed on the Ratekid. Ratekid will not be liable for any actions that arising from Merchant’s gross negligence or willful misconduct.
7. Vouchers and Promotions
Ratekid may run marketing and promotional campaigns which offer voucher codes, and other promotional offers to be used on the Ratekid. Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once. Additional terms and conditions may apply to Vouchers or promotional campaigns. Vouchers are not valid when used in conjunction with other promotions, discounts or other vouchers. Unless stated otherwise, Vouchers or any promotions can only be used on Ratekid. Vouchers cannot be exchanged for cash. Ratekid reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual merchant terms & conditions apply. We may exclude certain merchant from the use of Vouchers at any time without prior notice to you.
8. Shipping and Pick-Up
8.1 You understand that our Merchant offer their Goods in specific delivery areas and our Merchant vary from delivery area to delivery area. By entering your delivery address on Ratekid, you will see the Merchant that we make available to you at that time. Ratekid delivery currently only cover the vicinity of Kuching before the bridges until Stakan area. Delivery areas may expand, shrink or change depending on weather, traffic conditions and any situations that are under unforeseeable circumstances.
8.2 You may choose for your Order to be delivered right away or scheduled for a specific time not more than 3 days. After you received email confirmation, an estimated of within one hours will be delivered to your registered address for food and beverages that require to be consumed right away and not for storing purposes. For other goods, your Order will be delivered within 24 hours. The 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 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 you appears to be below the legal age without consent of you legal guardian, or fails to provide a valid proof of ID, Ratekid reserves the right to cancel your Order.
8.3 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 no one was present or available to receive the Order and no sufficient access to deliver the Order successfully.
8.4 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 immediately. In some cases, Ratekid 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 Where available, you will have the option of collecting your Order in-person directly from the Merchant’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 Merchant will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected.
8.6 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 Merchant before leaving the Merchant’s premises
9. Prices and Payments
9.1 Prices quoted on the Ratekid shall be displayed in Ringgit and subject to SST if applicable. Prices and offers on the Ratekid may vary from the prices and you accept that offers offered by our Merchants whether it is the same or different with their own websites, mobile applications or at their brick-and-mortar outlets. The way we display the prices of our Goods may vary depending on the Merchant, and the prices reflected on Ratekid may exclude or include SST based on their tax types. 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.
9.2 Delivery fees are chargeable on every Order unless you choose to collect your Order directly from the Merchant with Ratekid Pick Up feature or you have a valid promotional voucher and apply it at Checkout.
9.3 Prices indicated on the Ratekid are as at the time of each Order and may be subject to change. You can choose to pay for an Order using any of the different payment methods offered on the Ratekid including Visa, Mastercard and FPX. After an Order is successfully placed, you will receive an email confirmation from Ratekid with your Order receipt. Delivery fees will not appear in your Order receipt if you choose for Pick Up feature.
9.4 Ratekid reserves the right to offer additional payment methods and/or remove existing payment methods at anytime in its sole discretion. 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. Ratekid does not store your credit card or payment information. Ratekid takes responsibility for payments made on Ratekid including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
10. Cancellations
Please contact us immediately via our customer support if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided your Order has not leave the Merchant’s premises yet. Ratekid will not accept any cancellations after your order has leave the Merchant’s premises. Your Order may be cancel if the Merchant is unable to provide the goods which is often the result of out of stock or the deterioration in quality of the goods. In accordance to our No-show Cancellations policy, If you remain uncontactable or fail to receive the Order within 10 minutes from the time the Order arrives at your delivery address, Ratekid reserves the right to cancel the Order without refund or remedy to you. The Merchant agrees to hold the Order for you at the Merchant’s premises for no more than a reasonable period of 20 minutes from the Collection Time and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Collection Time.
11. Refund and Exchange
You have the right to a refund for a cancelled Order only if your Order has not leave the Merchant premise’s yet, you report any issues and/or defects to Ratekid within 12 hours or it’s a Cancellation done by Merchant. Should you still decide to cancel your Order after the Order has leave the Merchant premise’s, 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. There is no refund if you failed to inspect the Goods/Order when you received your delivery Order or Pick-Up your Order within 12 hours. If you are unsatisfied with the goods, you are only qualify to an exchange of goods whether its of the same value or in a form of credit balance. The credit balance can only be used to purchase for goods available on Ratekid. You are only entitled to an exchange of goods within a week period. Exchange of goods is only applicable to non-perishable goods.
12. Confidentiality
You shall maintain in confidence all information and data relating to Ratekid, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Ratekid (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Ratekid, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Ratekid’s prior written consent, disclose such information to any third party nor use it for any other purpose, unless in circumstances it is authorized to disclose it under law.
13. Termination
For users
Ratekid has the right to suspend, delete your account and access to the Ratekid, including any delivery service we provide to you in respect of an Order, for any reason that are not limited, if Ratekid considers your use to be unacceptable or in breach of the Terms by you. Ratekid may issue a warning but not under an obligation prior to the termination of your use of the Ratekid.
For merchant partner and influencers in Ratekid program
In the event when merchant partners or influencers in Ratekid program is in breach of mutual agreement between Ratekid, Ratekid may issue merchant partners or influencers in Ratekid program a warning but not under an obligation to the termination of Ratekid merchant partner or your take part in Ratekid influencer program.
