Terms of Use

Welcome to airasia.com/fresh.

This Website (www.airasia.com/fresh) is owned and operated by Teleport Platforms Sdn. Bhd. (formerly known as Teleport Social Sdn. Bhd.) (“Teleport”). By accessing this website or any related portal (“Website”), you acknowledge that you accept these Terms of Use. In the event that you do not understand or accept any of the terms set out herein, you should discontinue your use of this Website. 

We reserve the right to amend, modify, add, delete and make corrections to these Terms of Use at any time, which are effective upon posting. It is your responsibility to review these Terms of Use periodically to be aware of such modifications. Your continued use of this Website after any such changes are released shall be deemed as your acceptance and agreement of such changes.

These Terms of Use shall be read together with the Terms and Conditions, Privacy Statement and any other terms and conditions made available on airasia.com/fresh.

The English language version of this document shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

1. Website Information and Explanation

1.1 Teleport operates and manages this website from Malaysia. While this website can be accessed from anywhere in the world, the availability of the functions, products, and services discussed, mentioned, supplied, and provided through or on this website may vary by country or region.

1.2 Should you choose to visit this website from countries or regions outside of Malaysia, you do so of your own volition and shall use our website only as permitted by local laws.

2. Copyright / Trademarks

2.1 This Website, for online purchase and the contents, including prices, text, graphics/ images of products, trademarks, names, logos and service marks etc. are proprietary to Teleport, its holding company, subsidiaries, affiliates or its content suppliers. You may use this Website and the contents only for personal and non-commercial purposes subject to the applicable copyright laws, the Terms and Conditions and the Privacy Statement.

2.2 All trademarks, trade names, service marks (whether registered or unregistered) and logos in this Website are owned by Teleport, its holding company, subsidiaries, affiliates or their respective owners and must not be used or modified in any way without obtaining prior consent of Teleport, its holding company, subsidiaries, affiliates and its respective owners.

2.3 This Website for online purchase and the products, technology and processes contained may be the subject of other intellectual property rights owned by Teleport, its holding company, subsidiaries, affiliates or by third parties. No license is granted in respect of such intellectual property rights other than as set out in these Terms of Use. Your use of this Website for online purchase must not in any way infringe upon the intellectual property rights of any person.

3. Content

3.1 Whilst every effort is made to update the information contained on this Website, neither Teleport, its holding company, subsidiaries, affiliates nor any third party or data or content owner/provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the Website.

3.2 Teleport and its holding company, subsidiaries and affiliates reserve the right at any time to change or discontinue without notice, any aspect or feature of this Website. No information shall be construed as advice and the information contained in the Website is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this Website at your own discretion. If you find an error or omission at this site, please let us know.

4. Use of the Website/Services

4.1 You are solely responsible for all activity whilst using this Website. Your use of this Website for online purchase is subject to your agreement to be bound by and to comply with these Terms of Use. If you do not agree with these Terms of Use, kindly exit from this Website immediately.

4.2 You are responsible for ensuring that the information you provide is accurate, complete and not misleading and is kept up to date.

4.3 You will not use the Website or the Services to (or assist another person to):

• harm or threaten harm to persons or property or any act of terrorism;
• harass other persons;
• violate any applicable law, including those related to export control, spam, gambling, obscenity or service or network access;
• engage in any fraud or misrepresentation;
• provide instructional information about illegal activities;
• interfere with, disrupt, or create undue burden on the Website/Service (or the networks or devices that provide same);
• infringe or violate another person’s rights, including privacy and intellectual property rights;
• allow another person to access the Website/Service using your member account;
• display offensive content on your device, in view of another person;
• knowingly distribute any virus or other malware;
• access any network or device (including those providing the Service) in excess of the permission expressly granted to you;
• monitor any network traffic without express authorization of the owner of the network and the parties’ to the communications;
• attempt to decrypt any encrypted or scrambled communications;
• introduce software or automated agents into the Service;
• attempt to impersonate any other person, including any Teleport employees; or
• directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other marked proprietary notices or any digital rights management mechanism, device, or other connectivity protection or access control measure associated with the Website/Services including geo-filtering mechanisms.

4.4 Teleport reserves the right (but has no obligation) to investigate and take appropriate action in its sole discretion against you if you violate these Terms of Use of the Website/Services. Such action may include, without limitation, refusing to provide access to and use of the Website to you, terminating your account, reporting you to our other partners, or law enforcement authorities, and taking legal action against you.

5. External Links

5.1 This Website for online purchase may contain links to other websites maintained by third parties (“External Sites”). These External Sites are provided for user’s reference and convenience only. Teleport and its holding company, subsidiaries and affiliates do not operate, control or endorse in any respect such External Sites or their content. You will assume sole responsibility for use of these External Sites and are therefore, advised to examine the terms and conditions of those External Sites carefully.

6. Security

6.1 When you purchase your products or access your member login information, a secure server is used. Secure Server Layer (SSL) encrypts the information you send through this Website for online purchase. Teleport reasonably ensures precautions are undertaken to protect the security of our users of this Website. Although, while we employ reasonable security measures to protect our users’ data, we cannot guarantee the security of any information transmitted to or from the Website. Teleport and its holding company, subsidiaries and affiliates shall not be held responsible for events arising from the unauthorized access of the information you provide.

7. Disclaimer of Liability and Limitation of Liability

The content on this Website for online purchase is provided on an “as is” and “as available” basis. You therefore agree that you use this Website for online purchase and the services provided at your sole risk. Teleport, its holding company, subsidiaries and affiliates and their officers, directors, employees, partners and suppliers disclaims:

• all warranties or representations of any kind regarding this Website for online purchase, its operations or the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any information, content or material included herein;
• to the fullest extent permitted by applicable laws, all conditions and warranties, express and implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose or non-infringement;
• all liability to you or anyone else for any direct, indirect, special, consequential or punitive loss or damage (including without limitation loss of revenue, loss of goodwill, loss of reputation and loss of, or damage to, data), incurred or suffered in connection with the use or inability to use this Website for online purchase whether based in contract, tort or otherwise even if we are informed of their possibility;
• all liability to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website for online purchase or an external site. You must take your own precautions to ensure that whatever you select for use from this Website for online purchase is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

8. Terms of Online Sales

For more information, please view our Terms and Conditions and Privacy Statement.

9. Indemnity

In the event of any third-party request, loss, liability, proposition, or expense (including lawyer's fees) brought against Teleport arising from or relating to your usage of this Website, you agree to indemnify and hold Teleport, its directors, employees, agents, partners, affiliates and other licensed persons, harmless.

10. Governing Law and Jurisdiction

This Website is created and operated by Teleport, which is based in Malaysia and you therefore, agree that these Terms of Use, shall be governed by the laws of Malaysia. You further agree to submit to the exclusive jurisdiction of the Malaysian courts.

11. Miscellaneous

11.1 Teleport does not guarantee it will take action against all breaches of the provisions of these Terms of Use. These Terms of Use set forth the entire understanding and agreement between you and Teleport with respect to its subject matter.

11.2 Teleport may terminate your use of this Website and/or other Services for online purchase or any of the Services at any time for any reason or no reason, with or without notice. These Terms of Use, if applicable shall continue to govern all use of this Website and other Services or for online purchase and the particular Service notwithstanding any termination, suspension, or cancellation.

12. General Terms

12.1 Entire Agreement. The Terms and Conditions, the Terms of Use and the Privacy Policy constitute the sole record of the agreement between you and Teleport in relation to your use of the Website. Neither you nor Teleport shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Teleport in respect of your use of the Website.

12.2 Waiver. No indulgence or extension of time which either you or Teleport may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

12.3 Cession. Teleport shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third-party.

12.4 Severability. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

12.5 Minors. Minors under the age of 18 may not use the Website. We do not knowingly collect personal information from anyone under the age of 18, and no part of the Website is designed to attract anyone under the age of 18. It should be duly noted that we cannot distinguish the age of our visitors to our Website, hence, if you are a Parent or Guardian of someone under the age of 18, who has provided us information without your consent and knowledge, you may request that we remove this information by contacting us.