Terms & Condition

Last Modified: 12th June 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation: Under specific conditions, capitalized words are defined with meanings. The definitions apply whether in singular or plural form.

Definitions: In these Terms and Conditions:

Country means Malaysia
Company (referred to as "the Company," "We," "Us," or "Our" in this Agreement) means Poketwins Group Sdn Bhd and Nosh Group Sdn Bhd.
Device refers to any tool that can access the Service, including digital tablets, cellphones, or computers.
Service means the Website.
Terms and Conditions (also known as "Terms") mean the regulations between You and the Company concerning Service usage, constituting the entire agreement.
Third-party Social Media Service means any content or services (including products, data, or information) from a third-party that the Service may display, include, or provide.
Website means all the applications and software accessible through www.poketwins.com and https://poketwins.eber.co.
You means the individual using or accessing the Service or the company or legal entity that such a person represents.

Acknowledgment

These Terms and Conditions determine the agreement that exists between You and the Company regarding Service usage. They outline the rights and duties of all users of the Service. Your access to the Service is subject to acceptance and adherence to these Terms and Conditions. They apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, You agree to these Terms and Conditions. If You disagree with any of them, You may not access the Service. Your access to the Service is also subject to acceptance and compliance with the Company's Privacy Policy. The policy explains how the Company collects, uses, and discloses Your personal information when You use the Application or the Website. It also explains Your privacy rights and the law that protects You. Please read the Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by the Company. The Company assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You agree that the Company is not responsible for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available through any such websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

The Company may terminate or suspend Your access to the Service immediately without prior notice or liability for any reason, including a breach of these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without any prior notice. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Changes to These Terms and Conditions

Error Correction

In the event that the Company detects a technical, clerical, billing, or accounting error, the Company reserves the right to rectify the Gift Card and/or Bundle Meals balance. If you have any inquiries regarding the transaction history or any rectification, or if you dispute any transaction or rectification that has been made, kindly reach out to us immediately.

Gift Card, Bundle Meals and Sip and Save Bundles

Please refer to our separate links for our Terms and Conditions regarding Gift Cards and Bundle packages.

Indemnification

By accepting the Terms of Use when using the Service, you agree to defend, indemnify, and hold harmless the Company, its licensors, and each party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents against any claims, lawsuits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) arising from or related to (a) your use or misuse of the Service or Website; (b) violations of these Terms of Use; and (c) infringements of any third-party rights. The Company reserves the right to take exclusive defense and control of any matter subject to your indemnification, and you agree to cooperate in raising any available defenses. If a third party claims that the Application or your possession and use of the Application infringe on their intellectual property rights, then the Company will be solely responsible for investigating, defending, settling, and discharging such an intellectual property infringement claim.

Telecommunication Failure: The Service and Website may be subjected to limitations, delays, and other issues inherent in the use of the internet and electronic communications, including faulty devices, disconnections, out-of-range mobile signals, or incorrect functioning. The Company shall not be responsible for any delays, delivery failures, damages, or losses resulting from such issues.

No Liability

To the maximum extent permitted by law, the Company shall not be liable for any claims, losses, damages, data loss, costs, or expenses incurred (whether direct or consequential), suffered, or sustained by you relating to or in connection with your use of the Service and Website. The Company will also not be liable for (a) any loss of income, business, goodwill, or profits resulting from this Agreement; (b) any unauthorized access to or alteration of Gift Card or Bundle Meals balance; (c) the consequences of any delay or mistake related to the use of Gift Card or Bundle Meals balance caused by circumstances beyond the Company’s control; (d) any loss or damage that was not caused by the Company’s breach of this Agreement or breach of legal duty of care; (e) any loss or damage that was not reasonably foreseeable at the time the Company and you entered into this Agreement; or (f) any loss or damage suffered by you as a result of failing to take reasonable precautions against such loss or damage and/or breaching this Agreement.

Other Terms and Conditions

All reward benefits, points, and/or promotions provided by the Company are valid only within their stated periods and subject to the relevant terms and conditions of such promotions, which will take precedence over the provisions of this Agreement to the extent that they relate to such promotions. These Terms of Use shall continue to apply to the Service and Application, except as stated above.

If you have any questions about these Terms and Conditions, You can contact us at inquiry@poketwins.com