The Diner is operated by TE Global Century PLT registered in Malaysia with office at No. 8A, Tanjung City Marina, Pengkalan Weld, 10300 Georgetown, Penang, Malaysia. Our company registration number is LLP0015280-LGN. You may contact us at firstname.lastname@example.org.
The Diner’s objective is to allow you discover, self-order and pay your food & beverages with The Diner’s Partnered Restaurants via QR Code on-premise scan or Order Anywhere using The Diner Mobile App ‘The Diner’. Where you order from our Partnered Restaurants, The Diner act as an agent on behalf of that Partnered Restaurant to conclude your order and payment from our Application and to manage experience throughout your order process. Your items will be delivered to you either by delivered to your on-premise table for Dine-In experience or Self-Collection to on-premise counter or to your car via Drive-Thru feature depending on the business process of the selected Partnered Restaurant. In some cases, the Partnered Restaurant may be owned by or affiliated with The Diner.
Before you start the self-order and pay for your food and beverages, you shall be required to open a The Diner account. When you open an account, you shall create a password, or other secure login method, and may also provide credit card details. You shall keep any password you created, or other secure login method a secret and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you shall be responsible to pay for any purchase made from your account.
The Diner shall not be responsible for any other losses you suffer, unless the person using your password obtained it because The Diner’s failure to keeping it secure.
You may close your account at any time by requesting to do so in your account section of The Diner Mobile App.
The Diner owns the right to suspend your account or terminate your account permanently if your account has been used by someone else or, in The Diner’s opinion, your account is abusing the services provided by The Diner in the form of, but not limited to, applying refunds or credit which you are not entitled to, making repeated unreasonable complaints, mistreating The Diner’s staff or any other good reason.
For any reason that your account is terminated, The Diner will refund any remaining ‘Cashback’ which you have validly obtained from The Diner’s customer service team or Application following any issue with an order by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied to The Diner)
The Diner does not warrant or guarantee that the service provided from the mobile application to you will be error-free and uninterruptible.
When you want place an order with The Diner’s Partnered Restaurants, you can do so by scanning The Diner QR Code available in within the Merchant’s premise or place an order from anywhere using The Diner Mobile App Merchant Discovery and ordering feature, make selection of your required order and make your payment via The Diner Mobile App.
When an order is received and confirmed by our Partnered Restaurant (“Order Accepted”), the contract for the supply of any Item you have ordered comes into existence and your payment will be charged by our Partnered Restaurant before your order is being delivered or has been delivered to you. You will be notified when your order is being charged via The Diner Mobile App Notification feature. You are responsible for paying for all Items ordered using your account, even if the order is for someone else, which includes the price of the Item set by the Restaurant you ordered with and any other legal applicable sales and service tax in respect to each and every purchase made.
All Items are subject to availability.
The Diner Partnered Restaurants may use nuts or dairy or other allergens in the preparation of certain Items. Please do contact the respective Partnered Restaurants prior ordering if you have an allergy. The Diner shall not guarantee that any of the Items sold by The Diner Partnered Restaurants are free of allergens.
When you placed an order with The Diner Partnered Restaurant via The Diner Mobile App, The Diner shall display your order along with the status of your order in the The Diner Mobile App Activity Page. Unfortunately, despite The Diner’s, and The Diner’s Partnered Restaurants best-efforts, the time to deliver your order cannot be guaranteed. If you feel that the order is taking too long to be delivered to you after your order has been charged, you may make inquiry with the respective Restaurant for further clarification.
When you placed a Dine-In order, your order will be delivered to you to your seating table in within the Restaurant you have ordered with. You may be required to show your order number, which can be found in The Diner Mobile App Order Activity page, to the respective Restaurant you ordered for your order Item to be served to you.
When you placed a self-collection order, you are required to proceed to our Restaurant’s premise counter to collect your order when your order is ready. You will be notified with a Buzzer and Notification via The Diner Mobile App when your order is ready for collection. You may be required to show your order number which can be found in The Diner Mobile App Order Activity page to the respective Restaurant you ordered to collect your order Item. Drive-thru self-collection feature is only available for certain The Diner partnered Restaurants. In any case when drive-thru self-collection is made, you are required to notify the Restaurant that you are in within the Restaurant’s premise by a returning Buzzer to the Restaurant in order for your order to be delivered to you. The returning Buzzer is only available when you are within a 100m vicinity of the Restaurant. The Restaurant reserves the right to call you for more information to make the self-collection successful.
Cancellation of Order
If your order is still pending to be accepted by the Restaurant (“Order in Processed”), your order can be cancelled at any time by The Diner Partnered Restaurant for whatsoever reason the Merchant is unable to fulfill your order. You will be notified that your order has been cancelled via The Diner Mobile App Notification feature. Your payment charged for the said cancelled order will be credited to your The Diner account as ‘Cashback’ which can be used to pay for your next order via The Diner Mobile App with any The Diner Partnered Restaurant.
If your order has already being charged and prepared by the Restaurant (“Order Accepted”), you will be charged full price for the Item which includes the price of the Item set by the Restaurant and all applicable legal sales and service tax.
You will still be charged for your order in the event which you have caused such failure for any reason which includes, but not limited to:
- Your failure to provide your order number via The Diner Mobile App or;
- You are not in-sight to receive your order for Dine-In Orders or;
- You do not come or come at a later time to the collection counter when Buzzed for collection which might cause the quality of your order Item being compromised for Self-Collection Orders
You have a legal rights to receive goods which comply with their description (in exception for any pictorial image of the Item) which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree) before you place your order. If you believe that the Item you have received do not comply with these legal rights, you should contact The Diner for further clarification. The Diner may request a photograph showing the problem if it is something that can be seen by inspecting the Item. The Diner shall provide a refund in a form of ‘Cashback’ in respect to the affected part of the Item unless The Diner has a reasonable cause to believe that the problem was caused after you receive your Item.
Prior to processing your refund, The Diner may take into account relevant factors including details of the order, your account history and information from the Partnered Restaurant which you have ordered from.
Age Restricted Products
Age restricted products which includes, but not limited to, alcohol, tobacco and cigarettes can only be sold to persons aged 18 or above by legal law. By placing an order for an age restricted product, you confirm that you are at least 18 years old. Partnered Restaurant may refuse to serve any age restricted product to any person who look under aged unless you are able to show your NIC or passport to the Partnered Restaurant proving you are aged 18 or above. The Partnered Restaurant may refuse to serve or deliver alcohol to any person who is or appears to be under the influence of either drugs or alcohol. You will still be charged of the restricted product if the product has been prepared in a way which cannot be undone to be served to you.
Prices, Payments and Offers
You confirm that you are using our service for personal, non-commercial use. Prices of Items displayed may change at the discretion of The Diner Partnered Restaurants. You will be notified of any applicable legal sales and service fee prior to your purchase on the checkout page on The Diner mobile application. No changes will affect existing confirmed orders unless there is an obvious pricing mistake nor will the changes to prices affect any pending orders, provided you complete your order before the end of the day’s business hours of the Partnered Restaurant you have ordered with. If there is an obvious pricing mistake, The Diner will notify you as soon as the chance arise, and you will have the choice to confirming the order at the original price or cancel the order without any charges with a full refund of any money already paid.
The total price of your order will be made available on the checkout page on The Diner Mobile App, which includes the price of the Item and any applicable legal sales and service tax.
Payment for all Items can be made on The Diner Mobile App by credit card or debit card, or other payment method made available by The Diner. Once you have confirmed your order and proceed to checkout, your credit or debit card or other payment method will be charged, and total amount marked for payment. Payment is made directly to The Diner acting as agent behalf of the Partnered Restaurant only. Payment may also be made using The Diner Loyalty Program points earned or your account credit. Invoice of your purchase will be made available to you on the Activity Log page on The Diner Mobile App and a copy of the purchase invoice may be sent to your registered email address with The Diner account upon request within The Diner Mobile App.
The Diner is authorized by the Partnered Restaurants to accept payment on their behalf and payment of the price of any Item charges to use will fulfill your obligation to pay the price to the Partnered Restaurant.
Partnered Restaurants may make special deals on their offerings made available via The Diner Mobile App. These offers are at the discretion of the Partnered Restaurants. Unless the deals state a fixed or minimum period for which a deal will be available, it can be withdrawn at any time at the end of the Partnered Restaurants’ day’s Business Hours.
Our Responsibility for Loss and Damage That You Suffer
The Diner is responsible to you for any loss or damage that you suffer from a foreseeable result of The Diner breaking these Terms or failing to use reasonable care and skill in relation to your use of The Diner Service.
The Diner shall not be responsible to you for any loss or damage from an unforeseeable result.
The Diner shall not exclude or limit responsibility to you for loss or damage where it would be unlawful to do so which includes, but not limited to, death or personal injury caused by The Diner’s employees, agents or subcontractors failure to use reasonable care and skill ; for fraud or fraudulent misinterpretations; for breach of your legal rights in relation to the Items summarized in Part 6 above; or for defective Items under the Consumer Protection Act 1999. Subject to the previous paragraph, The Diner shall not be responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in The Diner mobile application.
Other General Terms
If either The Diner or you have the right to enforce these Terms against each other, that right will not be lost even if the person who has the right delays enforcing it or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will not be affected and remain in force.
The Diner owns the right to change these Terms from time to time. If The Diner make any changes which affect your rights in using The Diner’s Service, you shall be notified via The Diner Mobile App. Changes to the Terms shall not affect any orders you have placed where we have sent the confirmation notice. These terms are governed by the Malaysian law and you can bring the proceedings in relation to The Diner’s Service to the court of Malaysia.