Domino's Pizza – Malaysia

Terms and Conditions of Use

 

Agreement to Terms of Use

These Terms and Conditions of Use (including all other terms, policies, notices, guidelines, and forms referenced herein or otherwise available on the Platform or by hyperlink) (“Terms”) govern your use of the websites and mobile applications provided Dommal Food Services Sdn. Bhd. (or referred to as “Domino’s Pizza Malaysia”, “we” or “us”) (collectively the “Platform”).

 

The "Services" we provide or make available include (a) the Platform, and (b) the services provided by the Platform. Any new features added to the Services are also subject to these Terms. These Terms govern your use of Services provided by Domino’s Pizza Malaysia.

 

Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms and consent to the processing of your personal data in accordance with the terms set out in the Personal Data Protection Policy HTTPS://WWW.DOMINOS.COM.MY/#/CONTENT/PRIVACY/.

 

If you do not agree with the Terms, please do not access or use the Platform or the Services.

The Platforms may only be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, such as companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.

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 Platforms. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms and/or the Services immediately.

Domino’s Pizza Malaysia reserves the right to change or modify these Terms at any time. You are strongly recommended to read these Terms regularly.

Whilst we operate the Platform, we are not responsible for the operation of Domino’s restaurants. The restaurants are owned and operated by independent franchisees. Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the sale of menu items to you, and for any employment related matters in the restaurant.

 

  1. Location

Domino's Pizza Malaysia has limited delivery areas only. If your address is not found to be in our delivery area, but should be, please contact us. However, whether or not your address is included as part of our delivery areas is subject to Domino's Pizza Malaysia's absolute discretion.

 

  1. Orders

To order online, registered customers must first login by keying in their email address followed by their password.

Before you submit an order, you must register a credit card or debit card (either one, a “payment card”) to use with your orders. Domino’s Pizza Malaysia use third party providers to securely store your payment card information and process your payment. You understand and agree that, when you register a payment card, Domino’s Pizza Malaysia or its third party providers may verify that the payment card you registered is valid.

Mode of payment on Domino's Website is strictly Cash On Delivery, Credit/Debit Card, Grab Pay and/or Domino's Gift Certificates.

The 30-minute Delivery Commitment starts from the time our Customer Service Centre e-mails you and/or verifies your order by call.

The last arrival time for orders is 11.30pm.

 

  1. Online orders and coupons

Customers may use more than one online coupon per order, subject to the terms and conditions contained in the relevant online coupon.

Online Coupons are not transferable andredeemable for cash and is subject to additional terms and conditions as well as the specific validity period as stated in the rewards catalogue section of the Platform.

Minimum order for Delivery is RM20 (including service tax).

Take Away is valid with purchase of any Pizza, Sides or Condiments.

eCoupons are subject to terms and conditions contained in the relevant eCoupons.

All online payments are subject to the Rounding Mechanism implemented by Bank Negara Malaysia.

 

  1. Intellectual Property

Any and all rights in the Online services are and shall remain the exclusive property of Domino’s Pizza Malaysia’s or its licensors. For purposes of clarity, “Online services” includes any and all content on the Online services, such as, but not limited to, logos, copyrights, trademarks, text, images, graphics, clips, digital downloads, data compilations, software, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the Online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in you except for the licenses and rights these terms expressly grant to you. You may not take any action to jeopardize, limit or interfere with Domino’s Pizza Malaysia or its licensors’ rights.

 

  1. Comments

Our Platform may allow you to post or send us comments, questions, remarks, suggestions, complaints, or other information (“Comment”). Any Comment you make is voluntary, non-confidential, and gratuitous. You agree that you grant Domino’s Pizza Malaysia an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free license to use, disburse, reproduce, distribute to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the Comment, including to use them for any commercial or other purpose whatsoever without approval from or compensation or consideration of any kind to you or any other person.

 

  1. Uses and restrictions of the Platform

The content published on the Platform may not be copied, edited, modified, republished, uploaded, posted in any way, except as otherwise permitted by us. All of the content available on the Platform is proprietary and the subject of copyright, author’s rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use rights to, any intellectual property or other right and any goodwill associated therewith. You agree not to create any kind of derivative works from, or exploit the content of the Platform in any way.

With respect to the Platform, you may not, and may not allow third parties, to:

    • Utilise the Platform for any purpose that is unlawful or prohibited by these Terms;
    • Remove or edit any copyright, trademark, or other proprietary notices;
    • Attempt to obtain ownership or title to the Platform;
    • Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
    • Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
    • Access or attempt to access our systems, programs or data that are not made available for public use;
    • Work around any of the technical limitations of the Platform, use any tool to enable features or functionalities that are otherwise disabled in the Platform, disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
    • Perform or attempt to perform any actions that would interfere with the proper working of the Platform, prevent access to or use of the Platform, by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
    • Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. or Malaysian Government embargo, or designated by the U.S. or Malaysian Government as a “terrorist supporting” country; or (ii) listed on any U.S. or Malaysian Government list of prohibited or restricted parties;
    • Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
    • Attempt to disable, damage, overburden, impair or gain unauthorized access to the Platform or our servers;
    • Use the Platform in a manner not permitted under these Terms.

 

  1. Third party services

The Platform may contain links to other websites for your convenience and information. We do not control those websites or their privacy practices, which may differ from ours. Our Personal Data Protection Policy does not apply to third-party websites. We do not endorse or make any representations about third-party websites. If you choose to give personal information to a third-party website, we encourage you to review the privacy practices of any website to which you provide personal information.

 

  1. Suspicious activity

Domino’s Pizza Malaysia is entitled to take any action it considers appropriate, including removing or suspending your account and points accrued if we detect any suspicious activity concerning your account including but not limited to:

    • engaging in illegal or fraudulent activities;
    • providing or attempting to provide false or misleading information, or making a misrepresentation to Domino’s Pizza Malaysia; or
    • selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any reward, benefit or points other than in accordance with these Terms.

 

  1. Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS, ALL CONTENT, MATERIALS, INFORMATION AND SERVICES ON THE PLATFORM ARE OFFERED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS OR WARRANTY OF ANY KIND WHATSOEVER EITHER EXPRESSED OR IMPLIED. WE DO NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE WEBSITES OR THEIR SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF WE ARE AWARE OF THEM.

We do not guarantee or warrant that the Platform, files or software of any kind, or from any source, available for downloading through the Websites will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

 

  1. Limitation on Liability

YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE PLATFORM IS TO DISCONTINUE YOUR USE OF THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, US, AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE PLATFORM) AND OUR MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS OR AGENTS, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE PLATFORM IN ANY WAY (EXCEPT TO THE EXTENT CAUSED BY OUR OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT.)

 

  1. Miscellaneous
  • These Terms will be governed and interpreted pursuant to the laws of Malaysia, notwithstanding any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the competent courts in Malaysia for purposes of any legal action arising out of or related to these terms or the Online services.
  • You may not transfer or assign in any way any of your rights or obligations under these Terms. Any such transfer or assignment shall be null and void.
  • These Terms are written in English. Any translation of the Terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English version shall prevail.
  • If any provision of these Terms or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms and the application of such provisions to other persons or circumstances shall not be affected.
  • If Domino’s Pizza Malaysia fails to insist that you perform any of your obligations under these Terms, or if Domino’s Pizza Malaysia does not enforce its rights against you, or delays in doing so, that will not mean that Domino’s Pizza Malaysia has waived its rights against you and will not mean that you do not have to comply with those obligations.