ABOUT US
Welcome to FAIRY PARK BERHAD. This page (together with the documents referred to in it) tells you the terms (the ″Terms″) which apply when you order any menu items (the ″Items″) from our applications and related services (each referred to as an ″Application″).
TERMS AND CONDITIONS
This terms and condition was last updated on: 30th JUNE 2022
Please read the terms and conditions (″Terms and Conditions″) set out below carefully before using www.fairypark.asia (″Website″) and FAIRY PARK mobile application (″App″) operated by FAIRY PARK BERHAD (″us, ″we″ or ″our″). By accessing, downloading, installing or use of, the Website or the App, and your ordering via the App, you agree to be bound by these Terms and Conditions.
1. Ordering – item
You may order drinks or such other products available on the App, and we will do our utmost best to make deliveries on the specified time. Orders must be received before the specified cut-off time for that given product which will be shown as you proceed through the ordering process. You shall review your order carefully before placing it, we shall not be held responsible for any failure to do so or changes after the order is made to the time and items.
We may however, in our sole discretion, choose to not process or to cancel your orders under certain circumstances. This may occur, for example, when the drinks or products you wish to order is no longer available, or in other unforeseen circumstances such as operational outages. We will not charge you in these cases, or refund the charges for orders that we do not process or cancel.
2. Booking – facilities
You may make a booking of Fairy Park Heritage City facilities through the App, and we will do our utmost best to serve you upon arrival. Bookings must be received before the specified cut-off time for that given facility slot(s) which will be shown as you proceed through the ordering process. All time slots are provided on a first-come-first-serve basis according to your booking submission time. You shall review your booking(s) carefully before placing it, we shall not be held responsible for any failure to do so or changes after the booking is made to the time slot, facility, and any other circumstances.
We may however, in our sole discretion, choose to not process or to cancel your bookings in certain circumstances. This may occur, for example, when a certain facility is under maintenance or upgrading works, or in other unforeseen circumstances such as operational outages. We will not charge you in these cases or refund the deposit charges for booking that we do not process or cancel.
3. Price and Payment
All prices are in Malaysian Ringgit (MYR) unless stated otherwise. The prices are correct as shown on the Website and the App, and are inclusive of applicable taxes. We reserve the right to review the prices from time to time. Payment can be made online via FPX bank transfer, CIMB Clicks, Maybank2U, RHB, E-wallets (Boost, Touch n’ go, Grabpay, etc) , debit or credit card payment.
Ordering – item
We reserve the right to make changes on the item price listed on the mobile App. You will be notified of any changes in item price and taxes prior to purchase on the checkout page on our App. No changes will affect existing confirmed orders unless there is an obvious pricing mistake nor will changes to prices affect any orders in process and appearing within your cart, provided you complete the order within 10 minutes of creating the cart. Payment may also be made by using vouchers or account credit. Use of these is subject to FAIRY PARK BERHAD Voucher and Account Credit Terms.
Booking – facilities
We reserve the right to make changes on the booking deposit fee, which is refundable upon verification on arrival, listed on the mobile App. You will be notified of any changes in booking deposit fee prior to payment on the checkout page on our App. No changes will affect existing confirmed bookings, unless there is an obvious pricing mistake nor will changes to prices affect any orders in process and appearing within your cart, provided you complete the booking within 30 minutes of creating the cart.
4. Cancellation
Ordering – item
You may cancel an order without charge at any time before we confirm your order at the checkout counter (a “Confirmed Order”) or receive a confirmation email. If you wish to cancel an order before it becomes a Confirmed Order, please contact us immediately. If we have not confirmed your order, we will refund your payment (excluding any discount, or Voucher that was applied to the order – see Voucher and Account Credit Terms for more detail). If you cancel any order after it becomes a Confirmed Order, you will be charged the full price for the Items.
We may notify you that an order has been cancelled or if an item is unavailable at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay for your order.
Booking – facilities
You may cancel a booking without charge at any time 1 hour prior to your bookings. If you wish to cancel bookings before it becomes a “no-show” case, please contact us immediately. Booking deposit will be refunded to you in case of successful cancellation. Any unsuccessful cancellation will be considered as “no-show” and your booking deposit held will therefore be forfeited.
We may notify you that a booking has been cancelled due to sudden unavailability. You will not be charged for any bookings cancelled by us, and we will refund you for any payment already made using the same method you used to pay for your order.
5. Returns & Refunds
Returns and refunds will not be entertained due to personal reasons such as change of mind, personal food preference, etc.
Ordering – item
You shall review your order carefully before placing it, we shall not be held responsible for any failure to do so or changes after the order is made to the item variant, size or any other reason.
We may however, in our sole discretion, choose to not process or to cancel your orders in certain circumstances. This may occur, for example, when the drinks or products you wish to order are no longer available, or in other unforeseen circumstances such as operational outages. We will not charge you in these cases, or refund the charges for orders that we do not process or cancel.
Booking – facilities
Bookings are considered final as soon as they are placed and modification is generally not permitted. Cancellation of booking could be made if you wish to make any modification. However, the slots are provided on a “first-come-first serve” basis. That said, we do make exceptions on a case-by-case basis and please inform us at least 30 minutes in advance. In the event of successful cancellation, we may refund the cost of such booking deposit to. We are not liable or responsible for delays in outside payment gateway to charge or refund you or if your bank account/credit card has been used in a fraudulent manner.
Booking deposit held for the facility is to be refunded upon verification of attendance at Fairy Park Heritage City front desk. Please ask for assistance upon arrival. Your refund shall be processed within 7-14 working days and will be reflected in your account. Any failure of attendance of verification will be considered as “no-show” and the booking deposit will therefore be forfeited.
To request a refund, please contact us at [email protected].
6. Accounts and Registration
When ordering or booking through the App, you are required to provide certain information or to register for an account, and information required includes your name, email address, credit card number, phone number and other personal information. You warrant that you have the legal capacity to use and to order through the Website or the App. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
You may close your account at any time by requesting to do so in the account section of our website or contacting us using the contact details above. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected]. We reserve the right to terminate or suspend your account at any time if we believe there is unusual activity on it.
We shall take all commercially reasonable measures in securing your orders and personal details, and will ensure that said details are retained only for as long as necessary for the transaction and for the provision of the products and services to you. However, in the absence of fault on our part, we shall not be held liable for any loss that you may suffer in the event unauthorized access by third party to any data provided when accessing or ordering from the Website or the App unless we have been proved to be negligent in securing the information provided.
7. Use of Information
You authorize us to use, store or otherwise process your personal information in order to provide service to you and for marketing and credit control purposes (″Purpose″), including but not limited to calling the provided number for promotional purposes. The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the delivery of the order to you.
8. Liability
By using or ordering via the App, you acknowledge and agree that the use of the App is at your own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use the Website or the App, or any application or material on any site linked to this Website or the App (including but not limited to any viruses, bugs or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of the Website or the App by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.
We disclaim any and all liability to you for the supply of the delivery and products to the fullest extent permissible under applicable laws unless the loss or damage is due to our willful misconduct, or gross negligence. This however shall not affect your statutory rights as a consumer under applicable laws. In the event that we are found liable for any loss or damage, such liability is limited to the amount that you have paid for the relevant products. We shall not be liable for any consequential, indirect or special damage, howsoever arising.
In the event of reasonable belief that there exists an abuse of promotional events and/or suspected instances of fraud, we may cause the suspected user to be blocked immediately and reserve the right to refuse future services. Additionally, should there exist an abuse of vouchers or discount codes, we reserve the right to seek compensation or damages from any and all violators. Any promotions or offers are subject to our sole discretion and may be withdrawn at any time and without prior notice.
The App may include content, information or links to third parties or third party sites. We shall not be held responsible for the content of any such sites or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at your own risk and we make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Website or the App. You agree to hold harmless and relieve us from any liability whatsoever arising from your use of information from a third party or your use of any third-party website. You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of the Website or the App, or as a result of violation of this Terms and Conditions by you or through use of your account.
9. Intellectual Property Rights
All intellectual property rights in connection with the Website and the App (including but not limited to, the recipe, design, layout, look, text, appearance and graphics) are owned by us and must not be reproduced without our prior written consent. You may for your own personal use, to print and download the materials or bookmark or share links directing others to the content on the Website and the App, provided that you do not modify, reproduce or republish any content either online or offline, without our consent.
10. Prohibitions
You are not allowed to use or launch any automated system or program in connection with our Website or the App or its online ordering functionality. You may not collect or harvest any personally identifiable information from the Website or the App, use communication systems provided by the Website or the App for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website or the App with respect to their submission to the Website or the App, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website or the App.
11. Entire Agreement
The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website or the App, these Terms and Conditions shall prevail.
12. Variation of Terms and Conditions
We reserve the right at our sole discretion to vary, modify and make changes to these Terms and Conditions from time to time, and any such variations shall become effective once posted on the Website and the App. You agree that the continued use of the Website or the App indicates your acceptance of the modified Terms and Conditions.
13. Severability
If any provision of these Terms and Conditions shall be deemed invalid, illegal or unenforceable, such provision shall be deemed deleted without affecting or impairing the remainder of the Terms and Conditions which shall continue to be in force.
14. Assignment
We may subcontract any part or parts of the services or products that we provide to you from time to time and we may assign or change any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
15. Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence, and contacts between us shall be made or conducted in the English language.
16. No Waiver
No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
17. Data privacy
We process your personal data in accordance with our Privacy Policy which can be found here.
18. Vouchers codes and promotional credits Terms and Conditions
FAIRY PARK BERHAD may occasionally offer: (i) Vouchers (which are promotional credits that may be offered by us) and (ii) Account Credit (which is credit that may be applied to a customer’s account at FAIRY PARK BERHAD discretion). Vouchers and Account Credits both operate as credits applying to a customer’s FAIRY PARK BERHAD account, redeemable (subject to conditions, as set out below) against the cost of Items. Vouchers and Account Credits are referred to collectively in these terms (the Credit Terms) as Credits. These Credit Terms apply to your use of any Credits to pay for Items using the FAIRY PARK BERHAD App Service. These Credit Terms apply together with the FAIRY PARK BERHAD and Conditions of Service, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms have priority. Capitalised words used in these Credit Terms have the same meanings as in our Terms of Service unless they are defined in these Credit Terms.
18.1 Applying a voucher code
You can ″apply″ a voucher to your account by (i) entering the Voucher code (if any) at the point you place an order, or (ii) by adding any reward that we make available to you in the ″Your offers and rewards″ section of your account page. Unless stated otherwise, a voucher that has been applied to your account will remain there until it is ″redeemed″ against an eligible order, or expires (whichever is sooner).
Account Credits are Credits that we apply to your account ourselves, in either case, once any Credit has been applied to your account, the amount of the Credit remains on your account until redeemed as payment for Items, unless it is lost, or, in the case of Vouchers, it expires in accordance with the terms of that Voucher. The reasons why Credits may be lost or Vouchers may expire are set out in these Credit Terms.
18.2 Terms and conditions of voucher code and promotional credit
Vouchers offered in a particular country and currency may be subject to geographical restrictions that means they cannot be used in a different country or currency. Vouchers are usually offered subject to conditions, such as time limits, geographic limits, limits to particular categories of customer (e.g. new customers), or use only for a particular menu item. If conditions apply, they will be stated when we offer the Voucher. Some Vouchers are only available to new customers (“New Customer Vouchers”). That means that the Voucher is applied (subject to any other applicable conditions) automatically when the Customer registers a new FAIRY PARK BERHAD account and will be redeemed when the Customer places their first eligible order. We reserve the right to refuse to apply and/or allow you to redeem a new customer Voucher if you are registering a new account using credit card details or a delivery name and address and phone number already on our system. Use of a Voucher in payment or part-payment may also be subject to specific conditions applicable to that Voucher only, such as a specific minimum order value or that the Voucher may only be redeemed on specific Items. If the order placed does not comply with the applicable conditions, the Credit may not be redeemed against that order. The payment page on our Site where you confirm your order for Items will show the total order value and the applicable Voucher, if any. Only one Voucher can be redeemed per order. Each Voucher can only be used once per customer. If you have more than one eligible Voucher applied to your account when you place an order, the Vouchers are redeemed in order of expiry date, with the Voucher expiring the earliest will be redeemed first .
If you cancel an order made using a Voucher, the Voucher credit will not be restored to the account and the Voucher cannot be re-used. If the Voucher was a New Customer Voucher, you will no longer be a new customer and will not be eligible for any subsequent new customer Vouchers. We reserve the right to not honour the voucher code if we believe the above terms and conditions have not been met.
Any attempt to manipulate our Site and our offers of Credits by use of bulk entry via third parties or syndicates, macros, ″script″, ″brute force″, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and the relevant Credit invalid. FAIRY PARK BERHAD is entitled to take all reasonable steps to protect itself against fraudulent or invalid Credit redemptions, including requiring additional reasonable verification close to the accounts of any customers it reasonably believes have carried out any such acts.
