These Terms and Conditions (“Terms”) govern your access to and use of the PickUpNow website (https://pickupnow.my/), mobile applications, features, and food delivery services (collectively, the “Platform”).

By accessing or using PickUpNow, whether as a customer placing an order (“Customer”), a merchant partner listing food/beverages (“Merchant”), or a casual browser, you agree to be bound fully by these Terms. If you do not agree with any part of these Terms, please do not use our Platform.

1. Description of Service

PickUpNow operates an online food ordering and delivery marketplace platform that allows independent third-party restaurants, kitchens, and food vendors (“Merchants”) to list, market, and sell food, beverages, and culinary items, and users (“Customers”) to browse, order, and arrange for the pickup or delivery of those items. Delivery logistics may be fulfilled by independent third-party delivery riders or the Merchant’s own delivery fleet (“Delivery Providers”).

2. Platform Role and Limitation of Liability

• Facilitator Only: PickUpNow acts solely as an online platform to host menu listings, facilitate transaction processing, and route delivery logistics between Customers, Merchants, and Delivery Providers.

• No Endorsement: PickUpNow does not prepare, cook, store, package, or inspect any of the food or beverages sold through the Platform. The contract for the supply and purchase of food/beverages is strictly and exclusively between the Customer and the Merchant.

• Limitation of Liability: To the maximum extent permitted under applicable Malaysian laws (including the Consumer Protection Act 1999), PickUpNow, its directors, and its employees shall not be liable for any direct, indirect, incidental, or consequential damages arising from food contamination, preparation defects, allergic reactions, delivery delays, misrepresentations by Merchants, financial losses, or unresolved disputes between Platform users.

3. User Accounts, Verification, and Electronic Signatures

• Account Security: Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.

• Merchant Verification: To maintain a secure and compliant environment, PickUpNow reserves the right to request business documentation (such as Suruhanjaya Syarikat Malaysia / SSM certificates, local council operating licenses, and food handling permits) to verify Merchant identities. We reserve the right to suspend or terminate accounts that provide fraudulent or incomplete information.

• Electronic Formation of Contract: In accordance with the Electronic Commerce Act 2006, you acknowledge and agree that clicking “Register”, “Create Account”, “Place Order”, “Check Out”, or taking similar definitive electronic actions on the Platform constitutes your valid, legally binding electronic signature and intent to enter into a contract.

4. Data Protection and PDPA Compliance

• Consent to Processing: By creating an account or using PickUpNow services, you expressly consent to PickUpNow collecting, processing, storing, and transferring your personal and corporate data (including names, delivery addresses, phone numbers, and banking/payment information) in accordance with the Personal Data Protection Act (PDPA) 2010.

• Operational Data Sharing: To facilitate food preparation and successful delivery fulfillment, you acknowledge that PickUpNow will share relevant Customer details (e.g., first name, delivery address, phone number) with Merchants and Delivery Providers. All parties agree to process such data strictly for order fulfillment and in full compliance with the PDPA 2010.

• Privacy Policy Integration: All data processing operations are governed by our master Privacy Policy, which is incorporated into these Terms by reference.

5. Payments, Fees, and Escrow/Disbursement Governance

• Secure Payment Processing: All financial transactions on PickUpNow are handled through authorized third-party payment gateways (e.g., FPX, credit/debit card processors, e-wallets). PickUpNow does not store sensitive credit card credentials.

• Holding Protocol: When a Customer makes a payment, funds are temporarily compiled by PickUpNow (or its payment processor) and are disbursed to Merchants and Delivery Providers according to agreed-upon billing cycles, less platform commissions. PickUpNow acts strictly as a marketplace facilitator and is not a financial or deposit-taking institution.

• Right to Withhold Payouts: PickUpNow reserves the absolute right to freeze or withhold disbursements to Merchants if a formal dispute regarding food safety, non-delivery, or fraudulent activity is logged, until the issue is officially resolved.

6. Intellectual Property (IP) and Content Ownership

• Merchant Content Warranty: Merchants retain ownership of the text, logos, menus, and images they upload but legally warrant that they possess all necessary licenses, copyrights, and trademarks for their listed products and branding.

• Notice-and-Takedown Protocol: PickUpNow strictly prohibits the use of unauthorized or IP-infringing material. If PickUpNow receives a credible claim of intellectual property infringement from a rightful brand owner, we reserve the right to remove the offending listing or menu asset immediately without prior notice or liability.

7. Prohibited Goods and Halal Integrity

• Prohibited Items: Users and Merchants are strictly prohibited from listing, selling, or purchasing items that violate Malaysian laws, including unapproved substances, illicit goods, or unregulated items.

• Halal Status Enforcement: Merchants who mark their food items, menus, or storefronts with a “Halal” designation on PickUpNow must possess valid, active certification from JAKIM (Jabatan Kemajuan Islam Malaysia) or an officially recognized global Halal authority. PickUpNow reserves the right to request proof of certification and to remove unverified “Halal” listings instantly to protect consumers.

8. Preparation & Delivery Terms

• Fulfillment: Because PickUpNow is a multi-vendor marketplace platform, items purchased from multiple Merchants in a single checkout session will be fulfilled separately, will be dispatched via separate delivery partners, and will carry distinct delivery fees and tracking paths.

• Preparation Timelines: Standard orders are typically prepared by Merchants within the estimated timelines displayed on the Platform. PickUpNow is not liable for unexpected kitchen delays or extended peak-hour preparation times.

• Delivery Transit: Standard delivery times are estimates based on distance, traffic, and weather conditions. PickUpNow is not responsible for logistics delays caused by unforeseen third-party traffic conditions, severe weather, or accidents.

• Tracking: Once an order is accepted and dispatched, tracking information will be updated in the Customer’s dashboard and app interface.

9. Cancellations, Returns, and Refunds

Due to the perishable nature of food and beverages, order modifications, cancellations, and refund claims must follow a strict framework:

• 9.1 Order Cancellations: Customers may only request an order cancellation before the Merchant has accepted and begun preparing the order. Once a Merchant accepts the order and begins preparation, it cannot be canceled or refunded.

• 9.2 Refund Eligibility: Customers may request a refund or partial credit within a reasonable window (maximum 2 hours from delivery receipt) strictly under the following conditions:

  • The food delivered is physically spoiled, contaminated, or unsafe for consumption.

  • The items delivered vary fundamentally from what was ordered (e.g., completely wrong dish or missing items).

  • The order failed to arrive entirely.

• 9.3 Discarding Items: For food safety reasons, returns of physical food items are generally not required. However, PickUpNow or the Merchant may require photographic proof of the defective or incorrect items before a refund is approved.

• 9.4 Refund Processing: Approved refunds will be reversed back to the original payment method (e.g., credit card, FPX online banking, e-wallet) or issued as platform wallet credit. Please allow 7–14 business days for funds to reflect in your financial account, depending on bank processing times.

10. Dispute Resolution

If a Customer and a Merchant or Delivery Provider cannot reach a mutual agreement regarding a missing item, food defect, or delivery failure, either party may escalate the issue to PickUpNow Support via the Platform’s help center. PickUpNow reserves the right to review order histories, communication logs, and photos of food items to make a final, binding determination regarding the dispute and refund allocation.

11. Governing Law

These Terms and any disputes or claims arising out of or in connection with your use of the Platform shall be governed by and construed in accordance with the laws of Malaysia. Any legal actions or proceedings shall be brought exclusively before the courts of Malaysia.

12. Amendments to Terms

PickUpNow reserves the right to modify, amend, or update these Terms & Conditions. For minor or non-material changes, updates become effective immediately upon being posted to this URL page. For material changes that substantially impact user rights or financial liabilities, PickUpNow will provide users with 30 days’ advance notice via a prominent Platform announcement or email notification. Your continued use of the Platform following the effective date of any changes constitutes your formal acceptance of the revised Terms.