Terms of Use

Terms & Conditions

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Made in Afghanistan Platform, you agree to comply with and be bound by these Terms.

Please note: These Terms contains an arbitration clause and class action waiver that applies to all Made in Afghanistan Users, Suppliers, Partners, and Members. It affects how disputes with Made in Afghanistan are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Thank you for using Made in Afghanistan!

These Terms constitute a legally binding agreement (“Agreement”) between you and Made in Afghanistan (as defined below) governing your access to and use of the Made in Afghanistan website, including any subdomains thereof, and any other websites through which Made in Afghanistan makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”). The Site, Application and Made in Afghanistan Services together are hereinafter collectively referred to as the “Made in Afghanistan Platform”. Collectively the use of the term “Made in Afghanistan” may be used interchangeably within this document to denote any or all parts of our website, mobile applications, other services and access points, or the platform and should be viewed as such.

Our Privacy Policy, and other Policies applicable to your use of the Made in Afghanistan Platform are incorporated by reference into this Agreement.

When these Terms mention “Made in Afghanistan,” “we,” “us,” or “our,” it refers to the Made in Afghanistan company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment Our collection and use of personal information in connection with your access to and use of the Made in Afghanistan Platform is described in our Privacy Policy.

This set of Terms and Conditions will help you understand how Made in Afghanistan operates in serving you.

Brandmarks, Trademarks, and More

Guidance for brands and names used in this document included but not limited to the following:

• Made in Afghanistan refers to the online shopping. Mobile shopping, or other retails platforms operated by Made in Afghanistan. It may also refer to the brand, it’s trademarks, it’s intellectual property, it’s operations, it’s assets, or other related items that may reasonably be attributed to the brand and its business operations.
• Member, user and customer may be used interchangeably and reference any user of the Mygrocer Platform and associated services.
• Made in Afghanistan Dark Store refers to the controlled, secured and brand managed stores from which Made in Afghanistan is able to deliver the freshest, most appropriate grocery experience to you!

Who Can Place Orders

Only registered Made in Afghanistan customers are able to place orders through Made in Afghanistan. Guest shoppers may only browse but cannot place orders. Placing an order means browsing our product lists, adding items to a shopping cart, completing the order details (including address, mobile numbers, delivery times, items to be delivered, payments), and where applicable, earning

Access & Use

Your access to, use of services provided or associated with, and use of the materials contained in, the Made in Afghanistan Website and/or Made in Afghanistan Mobile Applications is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the Made in Afghanistan Website (“Terms and Conditions”). By using the Made in Afghanistan Website, Mobile Applications or any other access point to Made in Afghanistan services, you agree to be bound by these Terms and Conditions.

Limitations

You may not use Made in Afghanistan, its assets or services or associated assets and/ or services, for any of the following purposes:

• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• Gaining unauthorised access to other computer systems
• Interfering with any other person’s use of the website
• Interfering or disrupting networks or web sites connected to the website
• Inciting hatred, abusive behaviour, bullying, violence, or any other similar actions towards any group, individual, or organisation based on but not limited to areas of religion, race, language, culture, currency, nationality, sexual orientation, gender identity, social position, economic position, education level, dress, manner, or otherwise.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of Made in Afghanistan.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out/ or in connection with:

• any claim by any third party that the use of the Made in Afghanistan Website, Made in Afghanistan Mobile Applications, Made in Afghanistan Platform by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Made in Afghanistan Platform, Made in Afghanistan Website, Made in Afghanistan Mobile Applications by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any private organisation, Government authority or related bodies, regulatory, advertising or trading body, or authority in connection with the use of the Made in Afghanistan Website, Made in Afghanistan Mobile Application, Made in Afghanistan Platform by you.

Amendments

Made in Afghanistan reserves the right to amend the Terms and Conditions without notice of any kind at any time. Your use of our Made in Afghanistan Website and/or Made in Afghanistan Mobile Applications following such changes constitutes your agreement to be bound by the new Terms and Conditions.

Standard eCoupon, vouchers, promo codes, rewards points, bonus programs, and promotions Terms and Conditions Your use of an eCoupon, voucher, promo code, rewards points, bonus programs, promotion, or any associated services (collectively referred to as an “eCoupon”) indicates your agreement to be bound by these Terms and Conditions. Made in Afghanistan reserves the right to withdraw or cancel an eCoupon, voucher, promo code, rewards points, bonus programs, promotion, or any associated services without returning any form of monetary or product compensation for any reason at any time.

Made in Afghanistan shall not be liable to any customer, supplier, partner, business, or household for any financial loss arising out of the refusal, cancellation or withdrawal of any eCoupon, voucher, promo code, rewards points, bonus programs, promotion, or any associated services or any failure or inability of a customer or household to use an eCoupon, voucher, promo code, rewards points, bonus programs, promotion, or any associated services for any reason.

Security and Fraud

When you use an eCoupon you warrant to Made in Afghanistan that you are the duly authorised recipient of the eCoupon and that you are using it in good faith. If you redeem, attempt to redeem or encourage the redemption of eCoupons to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.

If we reasonably believe that any eCoupon is being used unlawfully or illegally we may reject or cancel any eCoupon and you agree that you will have no claim against us in respect of any rejection or cancellation. Made in Afghanistan reserves the right to take any further action it deems appropriate in such instances.

Registration

To register and use Made in Afghanistan or any its platforms, services, websites or applications, you must be over eighteen (18) years of age.You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

Made in Afghanistan Website’s right to suspend or cancel your registration

Made in Afghanistan Website reserves the absolute right to suspend or cancel your registration immediately at our sole discretion without assigning any reason whatsoever.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Made in Afghanistan Website.

The suspension or cancellation of your registration and your right to use the Made in Afghanistan Website shall not affect either party’s rights or liabilities.
All other relevant parts of this Terms and Conditions shall survive cancellation.

Registration and Passwords

Registration provides a unique identification for each shopper (also known as “member”), and helps us trace all orders in cases where there are queries or problems. Registration is simple and done only by an individual shopper. The shopper must provide a unique email and password. The email and password will be required for login to Made in Afghanistan.

Customers must be over 18 years of age to register. Customers must also ensure that all details provided during registration or any other time are correct and complete. Any changes to the details provided during registration must be updated by informing Made in Afghanistan in writing with acknowledgement or via our website.

You will be asked to provide a Password upon registration, this Password must be kept confidential and must not be disclosed or shared with anyone. You will be responsible for any purchases and activities that are submitted under this Password.

Made in Afghanistan reserves the absolute right without the need for explanation or explaination, to refuse, suspend, or terminate registration of individual and/or corporate members immediately at our discretion and not limited to following: –

• Dormant Customers
• A single customer using multiple accounts delivering to the same delivery address. This will be verified through mobile number and you will hereby agree to Made in Afghanistan sending you confirmation via mobile. In the event that the confirmation cannot be verified for any orders received, Made in Afghanistan reserves the right to cancel the order and will not be liable for any loss of payment due to the inaccuracy of the information provided by the member.

Information Collected & Use of Information

Made in Afghanistan collects the details provided by you on registration together with information we learn about you from your use of our service and your visit to any part of the Made in Afghanistan Platform including the Made in Afghanistan Website and Made in Afghanistan Mobile Applications.

By using the Made in Afghanistan Platform, Made in Afghanistan Website, or the Made in Afghanistan Mobile Applications, you expressly accept and give your unconditional consent that we may use any and/or disclose information about your demographics in any manner which does not reveal your identity in detail for the purpose of marketing, promotional, strategic development, research and customer care.

Governing Law and Jurisdiction

These Terms and Conditions shall be construed in accordance with the applicable laws of Malaysia. Both the Customer and Made in Afghanistan irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Malaysia. Should the services be delivered to a Customer in another jurisdiction then the applicable laws of that country shall apply and both the Customer and Made in Afghanistan irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the relevant jurisdiction/ country.

International Use

Made in Afghanistan makes no promise that materials on the Made in Afghanistan Website are appropriate or available for use in locations outside Malaysia or in countries where it does not yet operate, and accessing the Made in Afghanistan Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Made in Afghanistan Website ignores this, Made in Afghanistan will still be entitled to use its rights and remedies at any and all later dates or in any other situation where you breach the Terms and Conditions. Made in Afghanistan shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

Pricing and Product Information

Whilst every effort is made to fulfil orders in terms of price, details and size through the Made in Afghanistan website, Made in Afghanistan expressly reserves the right to vary the price and other details of the Products without notice. Fresh produce may vary from photo as fresh, natural products are never identical even when they are from the same variety and supplier. As much as Made in Afghanistan tries to reflect the actual Product size, details and price, Made in Afghanistan is not liable for situations when they differ from the actual Product.

The prices advertised on Made in Afghanistan Website are meant for home delivery shopping only and these prices may from time to time vary from those found at Made in Afghanistan stores or other access points. In circumstances where some Products size and packaging differ from the description found on Made in Afghanistan, Made in Afghanistan expressly reserves the right to provide the nearest size/packaging for the Product at the nearest price.

In the event of any price differentials between the online order billing and the final bill whether arising from but not limited to situations around substitutions, daily price changes, out-of-stock Products, special price, mislabelling or mispricing, Made in Afghanistan reserves the right to adjust the final bill after the online bill is presented/conveyed to the Customer and such adjustment shall be final.

Made in Afghanistan has made every effort to display the colours of our Products that appear on the Made in Afghanistan Website as accurately as possible. However, as the actual colours you see will depend on your monitor or device, we cannot guarantee that your monitor’s display of any colour will be accurate.

Made in Afghanistan shall not be liable to any Customer/person for any loss, damage incurred or inconvenience suffered in the event Made in Afghanistan declines to fulfil an order for whatever reason including but not limited to an unforeseen circumstance (including but not limited to lack of availability, quantity or specification) as the case may be.

When requesting goods by weight, Made in Afghanistan reserves the right to supply goods with a weight difference. However Made in Afghanistan shall make every effort to ensure the weight difference is minimal and as close to Customer’s request. The cost of the services is not included in the price of the goods. The information about the cost of the services is available on the Made in Afghanistan Website once the Customer books a delivery slot.

Product Availability

In situations of stock unavailability for any item(s) in an Order placed with Made in Afghanistan, Made in Afghanistan reserves the right to process the other items listed in the Order without informing the customer. This is because, at Made in Afghanistan, we work towards bringing you a wholesome online experience. If any item you have ordered is not in this confirmation, it is with much regret but we do not guarantee that we will be able to inform you that it is unavailable prior to the delivery being sent to you. Special offers are valid while stock last. Traders are not allowed. Made in Afghanistan reserves the right to reject, and/or limit quantities on any orders received without notice or explanation.

The availability of the goods presented on the Made in Afghanistan Website depends on stock in the Made in Afghanistan Platform and Made in Afghanistan Dark/Cloud Stores and Made in Afghanistan does not guarantee the availability of goods. In order to ensure that the maximum amount of goods are available to as many customers as possible, Made in Afghanistan has the right to set maximum limits in advance or retroactively to an order for the purchase of individual items by a single Customer. For example, if the Customer makes an order of 10 bottles of chilli sauce which would use up all the stock of that item with Made in Afghanistan, the Made in Afghanistan Dark/ Cloud Store may only deliver 5 bottles or none at all at the stores sole discretion without notice to the customer.

The Customer shall where possible be notified in advance if the goods requested cannot be delivered by reason that it has exceeded the maximum or restricted limit or for any other reason. However, we do not guarantee we will do so, nor will the customer demand this.

If the goods requested by the Customer are unavailable due to factors beyond Made in Afghanistan’s control, Made in Afghanistan shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item. Notice may or may not be given in these circumstances. A customer may choose to reject this substitute in which case Made in Afghanistan will refund the difference in price to the customer via in app credits.

On delivery the substituted goods will be separated from the other products requested by the Customer where possible and the customer shall be entitled to refuse to accept the substituted goods either in full or partially. The amount for the goods that are not accepted shall not be charged to the Customer’s payment card, account or credit, if the Customer has provided payment card details in advance in order to pay online.

Delivery /Order Amendment

Delivery will be made to the address specified by Customer on the completed order form.

Made in Afghanistan will deliver Customer’s order to the main entrance of the delivery address. At Customer’s request, our driver may carry Customer’s order into the delivery address, for example, to a particular floor in an apartment block or into the kitchen but only if : a) the driver has the Customer’s permission, b) the driver believes that it is safe and practical to do as Customer requests, c) there is no obstacle preventing entrance, for example a locked main door. Made in Afghanistan always reserves the right to deliver only to the main entrance of the delivery address.

In an event where Made in Afghanistan has been notified to leave your order on your doorstep, Made in Afghanistan shall not be liable for any consequential, indirect or special damages or loss of whatever descriptions.

The Made in Afghanistan delivery service is available in selected areas. To check whether we deliver in your area, go to our website or contact us at help@Made in Afghanistan.com to find out where we deliver.

Delivery times will be agreed with the Customer at the time of placing Customer order and booking a delivery slot.

All goods must be received by an adult aged 18 years or over. If the driver has doubt over the age of the person receiving the goods, he is entitled to ask such person to show an identity card to prove his/her age. If the person is shown not to be over 18 and no other person can receive the goods, Made in Afghanistan may choose not to hand over the goods and shall not be liable for the costs of redelivery or the cost of replacing the items in the event of damage/ spoilage.

If there is nobody qualified to receive the goods at the agreed time and place specified by the Customer, we will leave notification of attempted delivery and Customer will need to contact customer services to re-arrange delivery.

If Customer requests for redelivery, Made in Afghanistan is entitled to charge for providing the service.

Whilst we make every effort to deliver all Customer goods in the agreed time, Made in Afghanistan will in no way be liable if it fails to do so in part or in full due to circumstances beyond its control, or if Made in Afghanistan chooses to cancel the order and delivery and provide you a suitable refund in credits to the service via app or website only for cost of the products.

Customer agrees that this is a reasonable arrangement and will refrain from making derogatory comments, complaints, public disclosure, or any other actions that would cause the brand to suffer damage to its brand, service offering or otherwise. Made in Afghanistan reserves the right to seek punitive damages to any and all individuals and organisations that do so and Customer agrees to and acknowledges that they are informed of this.

If there are any changes in the delivery address / contact details made between submission of order and delivery date, customers are to update Made in Afghanistan at least 24 hours prior to delivery.

Should delay of delivery date and time will be required, the order will be subjected to a surcharge of at least RM9 (not including GST/SST or taxes). Requests for a delay in delivery date and time for bulk orders will be subjected to a surcharge of RM30 (not including GST/SST or taxes).

No amendment to an order is allowed once the order is processed. To add items, kindly create a 2nd order within 48 hours prior to delivery and inform us via the web form.

Order Cancellation

The Customer may cancel the order (except for bulk orders) at no charge if the notice given is at least 24 hours prior to the delivery date and time.

The Customer is required to provide the redelivery date within 2 days from the original date. The balance order amount will be refunded to customer account as in app/web credits only.

Refunds

All refunds for any and all transactions or needs on the Made in Afghanistan service will be only through in app or website credits.

No cash, credit card, bank account or other forms or payments or refunds will be allowed, entertained or authorised and customers explicitly agree to these conditions.

Links

Made in Afghanistan is not responsible for the content of any other sites outside the Made in Afghanistan Website. In addition, a link to another website does not mean that Made in Afghanistan endorses or accepts any responsibility for the content displayed on the other website.

Warranties

Made in Afghanistan expressly excludes all warranties, descriptions, representations or advice rendered as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Product supplied to the fullest extent permitted by law.

No Agent or representative of Made in Afghanistan is authorised to make any warranty, representation or statements given as to the fitness or suitability for any purpose, tolerance to any condition, similarity to sample, merchantability or otherwise of the Product supplied.

Colours

Made in Afghanistan take great care to accurately display the colours of our products that appear on its website. However, we cannot guarantee that your monitor pr device’s display of any colour will be as accurate as the actual product colour.

Third Party Sites

There may be occasions when materials on or of third Parties are provided on Made in Afghanistan website. Made in Afghanistan is not responsible for the content and activities of any third party site linked from and beyond Made in Afghanistan site. Your visit or use of any third party site linked from Made in Afghanistan is entirely at your own risk.

Termination

If you violate any of these Terms and Conditions, your permission to use the Made in Afghanistan Website may be suspended or revoked, and we reserve the right to suspend or terminate your access to, and use of, the Website at any time without explanation, reason or communication required.

Miscellaneous

No orders via phone or email will be accepted, all customers have to register for an account and submit their orders online via the Made in Afghanistan website or Made in Afghanistan mobile applications.

Made in Afghanistan cannot be held responsible for any inaccuracy or omission. Made in Afghanistan will attempt its best to fulfil orders placed by shoppers. In the event that an ordered Product is not available, Made in Afghanistan reserves the right not to replace it with a similar item of equivalent value.

Customers have to report on any order discrepancies/dissatisfaction within 24 hours from receipt of order. All Products leaving our distribution centre have been checked for quality and accurate quantity. However, we will put up a refund request for items that are not satisfactory and/or for any order discrepancies. For returning of such products and refund purposes, customers may be required to do so at a preferred Made in Afghanistan store.

Made in Afghanistan Member Rebates will be issued to Made in Afghanistan members only. Such members shall provide their NRIC numbers to Made in Afghanistan for one account only and not for subsequent account(s). All refunds will be in store credit only and NOT in cash at any time. The customer agrees that they may not request this or a chargeback to their credit or debit cards.

Others

Tokens of appreciation are strictly non-transferable or exchangeable for cash or credit. Content of the token shall be informed to the selected participants only. No participant will have the chance to receive the token more than one time even if the poll category changes. Participants who received a token before shall not be entitled for lucky draw of the next poll.

Made in Afghanistan reserves the right to change any terms of its contest and promotions without prior notice and substitute any token with one of a similar value at its absolute discretion.

Made in Afghanistan shall not be liable for any loss of chance arising from any defect, malfunction or failure of any telephone network / lines, computer systems, servers, computer equipment, software used in connection with the website.