These Terms of Use and Services (“Terms”) govern your use of the websites and mobile applications provided by BERKAT MADINA (or “we”) (collectively referred to as the “Platforms”). Please read these terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms, including any Additional Terms and Conditions and any policies referred to herein, which are available on the Platforms. If you do not agree to or abide by the Terms, please do not use the Platforms.
The Platforms may be used by (i) natural persons who have reached the age of 18 and (ii) corporate legal entities, for example companies. Where applicable, these Terms are subject to country-specific provisions as set out herein.
Users under the age of 18 must obtain consent from a parent or legal guardian, who by accepting these Terms agrees to accept responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of goods. . If you do not obtain consent from your parent or legal guardian, you must stop using/accessing the Platforms immediately.
BERKAT MADINA reserves the right to change or modify these Terms (including our policies included in these Terms) at any time. We strongly advise you to read these terms regularly. You will be deemed to have accepted the revised Terms by your continued use of the Platforms after the date the revised Terms are posted.
Property
This website (“BERKAT MADINA Website”) and its associated mobile applications (“BERKAT MADINA Apps”) are owned and operated by BERKAT MADINA Retail Sdn Bhd.
About us, rewards, brands and more
Guidelines for trademarks and names used in this document include but are not limited to the following:
• BERKAT MADINA refers to online shopping. Mobile shopping, or other retail platforms operated by BERKAT MADINA.
• It may also refer to the Brand, its trademarks, intellectual property, operations, assets, or other related items that may reasonably be attributed to the Brand and its business operations.
• “Barakat Al Madina” refers to the rewards platform that provides “Barakat Al Madina” users with various commercial benefits in exchange for their transactions with us.
• Member, User and Customer may be used interchangeably and refer to any user of BERKAT MADINA and its associated services.
• “Barakat Al Madina” refers to the controlled, guaranteed and brand-managed stores through which “Barakat Al Madina” can offer and deliver the freshest and most convenient grocery experience to you!
Use of Platforms and Accounts
a) You will need to register for a BERKAT MADINA account to be able to use the platform. When you register for a BERKAT MADINA account, we will ask you to provide your personal information including a valid email address, mobile phone number and unique password. To purchase an order, depending on the payment method you choose, 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 confidential at all times. You are solely responsible for keeping your password secure. Except in cases of fraud or abuse that are not your fault, you accept that all orders placed under your BERKAT MADINA account are at your sole risk.
b) BERKAT MADINA will not be responsible for orders that experience delivery problems due to incomplete, incorrect or missing information provided by you. You are obligated to provide complete, accurate and truthful information for the correct processing of the order, including your delivery address and contact information.
c) If you wish to delete your BERKAT MADINA account, please email us requesting the same. We may restrict, suspend or terminate your BERKAT MADINA account and/or use of the Platforms, if we reasonably believe that:
i) someone other than you is using your BERKAT MADINA account; or
2) When you are suspected or discovered to be engaging in any activity or conduct that violates these Terms and our policies and guidelines, or engaging in activity or conduct that we consider in our sole discretion to constitute abuse of the Platforms.
Restrict activity
A) Activities Prohibited on the Platforms The following is a non-exhaustive list of the types of conduct that is illegal or prohibited on the Platforms. BERKAT MADINA reserves the right to investigate and take appropriate legal action against anyone who, in BERKAT MADINA’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to:
1) use the Platforms for any purpose that violates local, state, or federal laws or regulations;
2) post any content that violates the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3) Post content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any person
or other entity as determined by BERKAT MADINA in its sole discretion or in accordance with local community standards;
4) post content that constitutes cyberbullying, as determined by BERKAT MADINA in its sole discretion;
v) post content that depicts any dangerous, life-threatening or risky behaviour;
6) Post the phone numbers, street addresses, or last names of any person;
7) Post external website URLs or any form of HTML or programming code;
8) post anything that may constitute “spam,” as determined by BERKAT MADINA in its sole discretion;
9) impersonate another person when posting content;
x) Collect information about others or collect it inappropriately
The delivery has not been deemed safe or appropriate for the customer
Receipt of restricted goods.
Cancellation of no-show
If we remain unable to contact you or fail to receive the order within ten (10) minutes from the time the order arrives at your delivery address, BERKAT MADINA reserves the right to cancel the order without refund or compensation to you.
Wrong order, missing items, defective merchandise
Upon receipt of your order, if you discover that there are issues with your order (e.g. wrong order, defective order, missing items) please contact customer support via email at [email protected]. In some cases, BERKAT MADINA may request photographic evidence and/or additional information to properly investigate the issue with your order. If we determine that the order and/or goods you have received are not in satisfactory condition or quality, we will reimburse you for your order or parts of it.
Receiving the order
a) Where available, you will have the option to collect your order in person directly from BERKAT MADINA branches (“Pickup”) instead of having the order delivered to you. Your email confirmation will indicate the convenient time for you to receive your order (“Pickup Time”). The branch will prepare the order by the time of receipt. In some cases, a reasonable delay may be expected. The Branch agrees to hold the order on your behalf at the Branch premises for no more than sixty (60) minutes from the collection time (“Wait Time”) and will not be obligated to deliver the order to you if you fail to collect your order during the Waiting Period.
b) In the event of an unreasonable delay in receipt attributable to you, you bear the risk of any damage to or loss of the goods or any deterioration in quality or change in condition of the goods (for example changes in consumable temperature). In this case, you are not entitled to exchange, refund or exchange the goods. You are solely responsible for inspecting the goods/order upon receipt of your order and must report any problems and/or defects to the branch before leaving the premises.
c) To receive your purchase, please show your order ID and security code sent to you via email/SMS/whatapps as proof of purchase.
d) If you wish to designate another person to pick up your order, they must bring: A forwarded copy of the proof of purchase above, including the full name of the person purchasing and phone number to match the order.
e) Receipt and collection point requests:
1) Selected village grocery and large branches
Cancelling order
Please contact us immediately via our customer support if you wish to cancel your order after placing it. You have the right to cancel your order provided that we have not yet accepted and confirmed your order.
A) Refunds
i) Request payment online
You are only entitled to a refund for a canceled order if we have not yet accepted your order. If you decide to cancel your order after it has been accepted, you understand that no refund (either in full or in part) will be made to you and you will forfeit delivery of your canceled order.
2) Cash on delivery requests
We do not accept any cash on delivery. Please pay before delivery or pickup.
b) BERKAT MADINA reserves the right to cancel any order for reasons of quality control, mispricing, insufficient and/or damaged stock as well as the right to suspend, deactivate or terminate your BERKAT MADINA account at its sole discretion if there is reasonable doubt or Detects fraudulent behavior or activity associated with your City Pool account and/or your order.
c) In the event of unforeseen circumstances, BERKAT MADINA reserves the right to hold any order/payment for up to two days only. Any issue with an order more than 2 days old will be canceled and/or refunded upon your request.
Prices and payments
a) Prices displayed on the Platform must be displayed in the national currency of the relevant country and are subject to applicable tax. Prices and offers on the Platforms may differ from the prices and you accept the offers presented.
b) The way in which we display prices for our goods may vary and the prices that appear on our platforms may:
i) includes GST/HST, VAT or any other equivalent tax; or
2) Exclude GST/HST, VAT or any other equivalent tax.
Details of prices and additional fees are displayed before checkout. When you place an order, you agree to all additional amounts, fees, and the final “total” amount that is displayed to you.
c) Delivery fees will be charged on each order unless:
i) you choose to receive your order directly from us (“Pickup”);
2) You have a valid promotional or discount coupon and apply it at Checkout; or
3) Unless otherwise stated.
d) Prices shown on the Platforms are as they are at the time of each order and may be subject to change.
e) You may choose to pay for the order using any of the various payment methods offered on the Platforms including:
i) Our payment partners: Visa & Mastercard;
2) Other payment method we offer from time to time.
c) We do not accept cash on delivery.
f) BERKAT MADINA Rewards Vouchers are not eligible for payment on BERKAT MADINA at this time.
g) After successfully placing your order, you will receive an email confirmation from us with your order receipt. Delivery charges will not appear on your order receipt if you choose pickup.
payment methods
a) BERKAT MADINA 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 will 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. BERKAT MADINA does not store your credit card or payment information.
b) You must ensure that you have sufficient funds in your credit and debit card to pay off
Pay the request. To the extent required, BERKAT MADINA is responsible for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided that they are reasonable, justified and in accordance with these Terms.
Coupons, discounts and promotions
a) From time to time, BERKAT MADINA may run marketing and promotional campaigns offering coupon codes, discounts and other promotions to be used on the Platforms (“Vouchers”). Vouchers are subject to expiration periods, redemption periods and, in some cases, may only be used once.
b) Coupons may not be valid when used in conjunction with other promotions, discounts or coupons. Additional terms and conditions may apply to vouchers.
c) Unless otherwise stated, Vouchers can only be used on our Platforms.
d) Vouchers cannot be exchanged for cash.
e) BERKAT MADINA reserves the right to cancel, suspend or refuse the use of any coupon without prior notice. Individual restaurant terms and conditions apply
f) We may exclude certain sellers from using Coupons at any time without prior notice to you.
Representations, warranties, and limitations of responsibilities
A) Representations and warranties
You acknowledge and agree that the Content on the Platforms is provided on an “as is” and “as available” basis, and that your use or reliance on the Platforms and any content, goods, products or services accessed or obtained through it, is At your sole responsibility and discretion. While Barakat Al-Madina Company uses reasonable efforts to ensure that the Platforms and Services we provide are provided and available at all times, we do not guarantee or warrant that the Platforms will be provided in a secure, timely, uninterrupted, error-free and free of technical difficulties, defects or Viruses. Please expect temporary outages of the Platform due to scheduled or regular system maintenance, downtime due to Internet or electronic communications or force majeure events.
b) Limitation of liability
To the extent permitted by law, Barakat Al Madina (which includes its employees, directors, agents, representatives, affiliates and parent company) excludes all liability (whether arising in contract, negligence or otherwise) for loss or damage which you or any third party may suffer. . The party may incur in connection with our Platforms and Services, any website linked to our Platforms and any content or material posted on them. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The BERKAT MADINA entities, agents, representatives and service providers will not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. Platforms. These exclusions for indirect, special, consequential and exemplary damages include, but are not limited to, damages for lost profits, lost data, loss of goodwill, business interruption, business interruption, computer failure or malfunction, or any other business damages or losses, even if notified. City Pool Entities, their agents, representatives and service providers do so without regard to the legal or equitable theory on which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Barakat Al-Madina, the Barkat Al-Madina Entities, their agents, representatives and service providers shall be limited to the extent permitted by law.
Protection of personal data (personal information)
You agree and consent to BERKAT MADINA and any of its affiliates collecting, using, processing and disclosing your personal data in accordance with these Terms and as described in our Privacy Policy. Our Privacy Policy is available through links on our Platforms and shall form part of these Terms.
Compensation
You agree to indemnify, defend and hold BERKAT MADINA, its directors, officers, employees, representatives, agents and affiliates harmless from any and all third party claims, liability, damages and/or costs (including without limitation, legal fees) arising About 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 such links, you agree to do so at your own risk. BERKAT MADINA does not control or endorse such third party websites or links and will not be responsible for the content of such linked pages. BERKAT MADINA does not accept any liability or responsibility for any loss or damage you may suffer in connection with your access and use of such third party links and websites.
end
Barakat Al Madina has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in connection with your order, for any reason, including, without limitation, if Barakat Al Madina, in its sole discretion, Your use shall be deemed unacceptable, or in the event of any breach by you of the Terms. BERKAT MADINA may, but is not obligated to, give you warning before terminating your use of the Websites.
Modifications
BERKAT MADINA may modify these Terms at any time in its sole discretion. The revised Terms will become effective immediately upon posting and you agree to the new Terms by continuing to use the Platforms. It is your responsibility to check the terms regularly. If you do not agree to the revised Terms, whether in whole or in part, you must stop using the Platforms immediately.
Separability
If any provision of these Terms of Use is found to be ineffective
invalid by any court of 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 of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
Governing law
These Terms shall be governed by and construed in accordance with the laws of Malaysia and any other countries to which it may in the future relate.
Important Notes:
All images shown are for illustrative purposes only. Images may be modified or changed accordingly without prior notice.
