General

XOX (“XOX” or “we” or “us” or “our”) welcomes you (“user(s)” or “you” or “your”) to our mobile application service known as “XOX CITY APP”.
The following terms and conditions (together with the documents referred to in it) (“Terms of Use”) governs your use of XOX CITY APP and its related services. For the avoidance of doubt, the term “XOX CITY APP” whenever and wherever mentioned shall include its related services.
The terms “retail” or “store” are known as XOX City Autonomous Retail Store, XOX Moby Mart, XOX Smart Fridge.
Please read these Terms of Use before browsing, accessing, and/ or using the XOX CITY APP you are agreeing to be bound by these Terms of Use. If you do not agree, you must stop using this mobile application.
XOX CITY APP is offered to you subject to your acceptance of these Terms of Use and all other applicable terms and conditions, rules, policies, regulations, and law that may or may not be communicated from time to time. You acknowledge and agree that you have read and understood that to accept all these Terms of Use.
Policies that are published on the XOX CITY APP from time to time from an integral part of these Terms of Use.
These Terms of Use are our copyrighted intellectual property. Any unconsented use even of extracts of the Terms of Use, for any purpose is not permitted. Infringement may be subject to legal action.
We welcome user(s) to use the application for entry into our stores. It is important that you go through the policies and understand them before the registration.

About This App

The XOX CITY APP acts as entry medium into our XOX City Autonomous Retail Store, XOX Moby Mart, XOX Smart Fridge.
We may change and/ or features of the XOX CITY APP from time to time, with or without notice to you, and as updated in the XOX CITY APP. We are not responsible for any errors or omissions in the XOX CITY APP content or feature.
As a user of XOX CITY APP, you should make your own enquiries before entering or using our store by relying on the information on XOX CITY APP or using any service which is accessible using XOX CITY APP.

Registration

Registration provides a unique identification for each user(s) to able purchase items from our stores and helps us trace all order in cases where there are queries or problems.
Registration is simple and done only by an individual user. To register, you are required to register with your mobile number with an OTP verification required.
You are required to select a payment method upon registration for an individual QR code to be generated for the usage of entry to our store or to able scan the QR code on our XOX Smart Fridge for unlock purposes.
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You must also ensure that all details provided during registration, or any other time are correct and complete. Any changes to details provided during registration could be informing us via section 19 contact information or via “Feedback” function from mobile application.
Your account is tagged directly to your application and all purchases are made to the selected payment method. You will be responsible for any purchases and activities that are submitted under this mobile application, including the actions, and sharing of the account to individuals whom you have allowed to access the store with your account.
XOX City reserves the right to refuse, suspend or terminate registration of individuals and corporate member and/ or the use of the mobile application immediately at our discretion including but not limited to the following reasons:
1. Accounts of user(s) that have been dormant for more than 60 days.
2. Accounts of user(s) that we suspect have been compromised or used in breach of these Terms and Conditions.
3. User(s) who breaches any of these Terms and Conditions upon entering the store or using the Smart Fridge or upon making any purchases using the mobile application.
Registration Process
1. XOX CITY APP also provides a facial recognition for entry to the store, which it requires user(s) to register with their facial detail and only allow to use it for the selection of store to be visit

Security

You shall use the security credential to access XOX CITY APP. The security credentials could take the form of a Mobile Number and TAC, security-related technology. The security credentials may be used for the purposes of accessing XOX CITY APP and for authorizing instructions or requests using the services which may be available from XOX CITY APP.
You’re responsible for maintaining the confidentiality of your account information and are fully responsible for all conduct carried out under this account. We are not liable for any loss or leakage of confidentiality or for any damages arising from unauthorized use of the XOX CITY APP or resulting from circumstances beyond the control of us. We request that you promptly report to us any unauthorized use of your phone number via contact information on section 19.
We will take reasonable steps to secure XOX CITY APP and the systems in our control that are used to access XOX CITY APP. However, the internet may be unreliable and is a difficult medium to secure. Therefore, we do not guarantee the security of XOX CITY APP or the systems (including the internet and your hardware and software) used to access XOX CITY APP or any information that passes through such systems.

Compatibility

Different models of versions of routers and devices may have firmware or settings that are not compatible with the XOX CITY APP, Platform and Software. While we continuously develop the Mobile Application and Platform to, as far as possible, support all commonly used devices and models in markets and all browsers where the Mobile Application, Platform and Software with specific mobile devices or other hardware.

Use of XOX CITY APP

Your use of the XOX CITY APP is subject to our Fair Usage Policy,
You must not:
1. Disseminate any unlawful, libellous, abusive threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmit 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.
3. Gain unauthorized access to other computer systems,
4. Interfere with any other person’s use of the mobile application.
5. Make, transmit, or store electronic copies of materials protected by copyright without the permission of us.

Third Party Sites

The XOX CITY APP contains links to third party apps and/ or sites. You acknowledge that we have no control over the content of such third-party app and/ or site. We are not responsible for the condition or the content of such third-party app. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the app and/ or sites will be subject to the relevant third party’s privacy policy (if any) and not to our privacy policy. Before disclosing your personal information on such third-party app and/ or site, you should check that third party’s privacy policy.
You access those third-party app and/ or sites and use their products and services solely at your own risk. We do not represent that the content or services available from third party’s app and/or sites are appropriate or available for use in all parts of Malaysia. If you access other content or services from third parties’ sites, we are not responsible for your compliance with local laws or other applicable laws.

Personal Information and Personal Data

By submitting your personal information or using XOX CITY APP, you have given us your consent to consent to collect, record, hold, store, use and disclose your personal information according to our privacy policy which is available on XOX CITY APP.
The XOX CITY APP collects and processes your Personal Data in accordance with our Privacy Policy. The Privacy Policy applies to all the XOX CITY APP’s Services, and its terms are made a part of this Terms of Use. For the avoidance of doubt, the term “Personal Data” has the same meaning as provided for under Personal Data Protection Act 2010.
We collect your personal information directly through:
- Application and/or registration forms on our XOX City App.
- Refund/Return Request Form.
- Contact Us section.
Where applicable, you agree and consent to the XOX CITY APP and its services for the collection, using, processing, and disclosing Personal Data as further described in our Privacy Policy.
We collect and process your information to:
- Facilitate your participation in contests or events.
- Communicate with you regarding our services, events, and promotions.
- Process payments related to services.
- Analyse user(s) patterns for internal marketing purposes.
- Contact you about products, services, and upcoming events.
- Optimize website content for your devices.
- Manage internal records.
Our location-enabled application sends your location information solely for providing requested services. You can control your participation, enabling or disabling location services at any time.

Prices, Products and Services

Whilst every effort is made to fulfil orders in terms of price, details, and size through the XOX CITY APP, XOX City expressly reserves the right to vary the price and other details of the Products without notice.
The prices advertised on XOX City may from time to time vary from those found at XOX City deployed stores. Pictures of Product that have been displayed are for illustrative purpose only. Actual Product may differ due to product enhancement.
In the event of any price differentials between the mobile application billing and the final bill whether arising from substitution, daily price changes, out of stock Products, special price, mislabelling or mispricing etc. XOX City reserves the right to adjust the final bill after the online bill is presented/ conveyed to the user(s) and such adjustment shall be final.

Payment

Payment information is transmitted through a secure payment channel using our secure server and Secure Socket Layer (SSL). Once payment made has been selected and order has been submitted, any changes on payment mode is not possible.
We will be using Merchant Initiated Transaction (MIT) solution for over purchase situations. You shall agree to this while making payment method binding and confirmation. You shall stop using our mobile application if you are not agreeing with such solution.
Merchant Initiated Transaction is a solution that user(s) allowing XOX to initiate a second card payment without your active involvement under specific circumstances outlined herein.
MIT will be initiated in the event of overpurchased that exceed the pre-authorization amount set during the initial transaction. The conditions for triggering MIT are specific and designed to cover outstanding balances.
You will be promptly notified about MIT transaction in-app notifications, or other communication methods specified within the App. Which the notice will include details of the reason for the MIT, the amount being charged, and any other relevant information.
XOX reserves the right to modify these MIT Payment Authorization Terms.
Being a member entitles you a discount off non-promotion items on the mobile application, However, discounts may not be applicable for certain promotional item.

Purchases

No purchases via phone call or email will be accepted, user(s) must register for an account and making orders via visiting our store or smart fridge with our mobile application.
XOX City are not held responsible for any inaccuracies or omissions of Purchase. XOX City will attempt to its best to fulfil the purchases done byuser(s). If a purchase is not available, XOX City reserves the right to replace it with a similar item of equivalent value.
XOX City shall not be liable to any user(s) for any loss, damage incurred, or inconvenience suffered in the event XOX Coty declines to fulfil a purchase or cancels or withdraws any order for whatever reason including but not limited to an unforeseen circumstance (e.g., lack of availability, quantity, or specification etc) as the case may be.

Refund/ Return Policy for Exchange

User(s) must report on any purchase discrepancies/ dissatisfaction within 7 days from receipt of purchase. All Product 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 any purchase discrepancies.
For Returning of such Products and refund purposes, user(s) may require doing so by contacting us via contact information that stated at Section 19 or via “Feedback” function in XOX CITY APP within 7 days from the receipt of purchase. We will investigate and provide the option of return or refund via the result.
For defective products that are under warranty, please approach the purchased brand local authorized service centre for assistance. For other defective products, please return them to any nearest XOX outlet in Malaysia with your receipt for an exchange or refund after getting our customer services instruction of it.
No refunds, return or exchange are permitted for wrongly purchased items (excluding defective products). Responsibility for such purchases lies with the user(s). We apologize for that we are unable to exchange medical and hygiene sensitive items to ensure the safety and health of our user(s).

Disclaimer

The App is provided on an “As Is “ and “As Available” basic without express or implied warranties, claims or representations made by XOX of any kind either expressed, implied or statutory with respect to the services, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage, without limiting the foregoing and to the maximum extent permitted by applicable law. XOX does not warrant that the XOX CITY APP or its services or functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free, that defects, if any, will be corrected, or that the services and/ or the server that makes the same available are free of viruses, clocks, times, counters, worms, software locks, drop dead devices, trojan-horses, routing, trap doors, time bombs or any other harmful codes, instructions, programs or components.
You acknowledge that the entire risk arising out of the use or performance of the XOX CITY APP and/ or the services remains with you to the maximum extent permitted by applicable law.
Subject to any applicable law which cannot be excluded, we make no representations or warranties as to the accuracy of completeness of material on XOX CITY APP and excludes all warranties whether express or implied relating in any way to XOX CITY APP or to your use of XOX CITY APP.
You acknowledge that the material on XOX CITY APP should not be taken as an inducement or invitation to invest or otherwise deal in the shares of companies related to XOX Berhad nor relied upon for any specific purpose.
To the extent permitted by law, XOX Berhad am dots related corporations and their respective directors, employees, officers, agents and contractors exclude all liability whether in contract or tort (including liability for negligence) for any loss or damage (including without limitation, direct, indirect, special or consequential loss or damage) or otherwise arising from the use or reliance on any content or products and services available on or using XOX CITY APP whether or not this is caused by a negligent act or omission. If we are prohibited at law from excluding our liability, we limit our liability to the extent permitted by law to resupplying the material or the relevant service.

Trademarks and Copyright

This app contains trademarks which are the subject of pending applications, or which otherwise are protected at law. Unless otherwise indicated, the XOX CITY APP logo and any other product or service name referred to on XOX CITY APP are trademarks owned by or licensed to XOX Mobile. You are not permitted to use these trademarks except (a) by saving or printing a copy of XOX CITY APP as permitted below under the copyright permission; (b) through a legitimate reference to our product or service with proper recognition of the trademarks status; and (c) without prior written consent.
All material on XOX CITY APP is copyright in Malaysia and, through international treaties, in other countries. You may either electronically save or print out parts of XOX CITY APP for your own information, research, or study but only if (a) you do not modify the copy from how it appears on XOX CITY APP; and (b) you include all copyright or proprietary notices that appear on XOX CITY APP on all copies that you made. You must not frame, transmit (including broadcast), modify, link to, or otherwise use any of the material, including audio and video excerpts, expect with our prior written consent.

Confidentiality

We do not guarantee that your use of XOX CITY APP will be confidential.
Any comments, suggestions, feedback, questions, ideas, or other material you send or post to XOX CITY APP by any means may not be secure during its transmission over the internet. They will be treated as non-confidential information and non-proprietary and you agree that we may use, reproduce, publish, modify, adopt, and transmit them to others in conducting our business, including but not limited to marketing our products and services.

Termination

We may stop making XOX CITY APP, or a part of XOX CITY APP, available at any time with or without notice.
We may immediately suspend, terminate, or limit your access XOX CITY APP if: you are in breach of the Terms of Use or there is an emergency or for operational or regulatory reasons or for whatever reason we deem fit.
If you enter a contract for the supply of good and/ or services via XOX CITY APP that contract will not be affected if we stop making XOX CITY APP or part of XOX CITY APP available to you, unless the goods and/ or services are supplied via XOX CITY APP.

Liability

XOX HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, QUALITY OR EXISTENCE OF THE XOX CITY APP VIA THE SERVICES.
XOX CANNOT AND DOES NOT GUARANTEE CONTINUOUS OR SECURED ACCESS TO THE XOX CITY APP AND ITS SERVICES, AND OPERATION OF THE XOX CITY APP MAY BE AFFECTED BY NUMEROUS FACTORS OUTSIDE OF XOX’S CONTROL. AS SUCH, XOX SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. SPECIFICALLY, YOU AGREE THAT THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. SPECIFICALLY, YOU ALSO AGREE THAT XOX IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND / OR INCLUDED IN THIS WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL XOX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT PRODUCTS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) NEGLIGENCE, (6) AND ANY THEORY OF LIABILITY, OUT OF OR IN ARISING CONNECTION WITH THE USE OF, INABILITY OR TO USE THIS WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU UNDERSTAND AND ACCEPT THAT THE CONTENT DISPLAYED ON THIS XOX CITY APP IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. UNLESS EXPRESSLY STATED TO THE CONTRATY AND TO THE FULLEST EXTENT PERMITTED BY LAW, XOX AND ITS SUPPLIERS, CONTENT PROVIDERS AND ADVERTISERTS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS XOX CITY APP AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMANAGES WHERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. IT SHALL BE YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION AND PROVIDED, AND USE OF THE XOX CITY APP IS SOLELY AT YOUR OWN RISK. XOX SHALL NOT BE LIABLE TO YOU EITHER IN TORT, CONTRACT, NEGLIGENCE OR OTHERWISE FOR ANY LOSS, DAMAGE, INJURY OR EXPENSE, HOWSOEVER ARISING, OUT OF OR IN CONNECTION WITH THE SUPPLY OR USE OF THE PRODUCTS. UNDER NO CIRCUMSTANCES WILL XOX BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF DATA OR FOR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF A USER OR WHETHER IN ACTION FOR CONTRACT, BREACH OF WARRANTY, TORT OR OTHERWISE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE XOX CITY APP AND/OR ITS SERVICES.

General Matters

Amendments
1. XOX Shall be entitled at any time and from time to time, to modify, amend or change the Terms of Use as appropriate and at our sole and absolute discretion. In such instance, XOX may or may not notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the XOX CITY APP. In any event, you shall be bound by such modified Terms of Use by your continued use of the XOX CITY APP. AS such, it is your responsibility to regularly visit the XOX CITY APP, view the Terms of Use and Policies, and keep updated on any changes made to the Terms of Use. Please cease to use the XOX CITY APP if you are not agreeable to any amendments or modifications of the Term of Use. You agree to use the XOX CITY APP at your own risk, and your use of the XOX CITY APP following any amendment or modification of the Terms of Use constitutes your agreement and acceptance to be bound by the same.
2. XOX do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms of Use of your own failure to keep yourself updated on the modifications to the Term of Use, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.
3. For the avoidance of doubt, newer versions of the Terms of Use and/ or Policies supersede older versions, unless otherwise stated by XOX.
Notice
1. All notices or communications shall be given or made in writing, and shall be delivered personally, or sent by courier/ registered mail, addressed at XOX at Lot 8.1, 8 th Floor, Menara Lien Hoe, No.8, Persiaran Tropicana, Tropicana Golf & Country Resort, 47410, Petaling Jaya, Selangor Darul Ehsan, Malaysia or email at enq_xoxcity@xox.com.my
Governing Law
1. These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. Both XOX and you hereby agree to submit to the non-exclusive jurisdiction of the courts of Malaysia.
Relationship
1. Nothing in these Terms of Use shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and XOX.
Severability
1. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision or a part thereof shall be severed to the extent affected and the remaining provisions shall remain in full force and effect.
Assignment
1. Neither party shall not assign or otherwise transfer any or all its rights arising out of this Terms of Use without written notice to other party.
Waiver
1. Failure by XOX to insist upon or enforce strict performance of any of there Terms of Use shall not be construed as a waiver of any provision or right.
2. References to “us”, “our”, “we” mean XOX Com Sdn Bhd (709922-X)

Contact Us

If you need assistance, contact us via email us at enq_xoxcity@xox.com.my for technical issues, purchasing, or partnership inquiries. We aim to respond within 1-3 business days. Your satisfaction is our priority. Thank you for your patience.