These Terms and Conditions apply to any orders and purchases made on MyGroser. MyGroser reserves the right to amend/update this Terms and Conditions at its sole discretion without notice to the Customer, Suppliers, Partners, or any other users of this service and site.
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 Mygroser 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 Mygroser Users, Suppliers, Partners, and Members. It affects how disputes with Mygroser 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 Mygroser!
These Terms constitute a legally binding agreement (“Agreement”) between you and Mygroser (as defined below) governing your access to and use of the Mygroser website, including any subdomains thereof, and any other websites through which Mygroser makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”), rewards (collectively, “Myrewards”), payments (including but not to direct debit, FPX, credit, debit, recurring subscriptions, and other forms of transactional and stored value payments), processing and associated items, and all associated services (collectively, “Mygroser Services”). The Site, Application and Mygroser Services together are hereinafter collectively referred to as the “Mygroser Platform”. Collectively the use of the term “Mygroser” 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.
When these Terms mention “Mygroser,” “we,” “us,” or “our,” it refers to the Mygroser company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment
This set of Terms and Conditions will help you understand how MyGroser operates in serving you.
Brandmarks, Trademarks, and More
Guidance for brands and names used in this document included but not limited to the following:
Who Can Place Orders
Only registered Mygroser customers are able to place orders through MyGroser. 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
This website (“Mygroser Website”) and associated mobile apps (Mygroser applications) are owned and operated by Mygroser Sdn Bhd (“Mygroser”).
Access & Use
Your access to, use of services provided or associated with, and use of the materials contained in, the Mygroser Website and/or Mygroser Mobile Applications is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the Mygroser Website (“Terms and Conditions”). By using the Mygroser Website, Mobile Applications or any other access point to Mygroser services, you agree to be bound by these Terms and Conditions.
You may not use Mygroser, its assets or services or associated assets and/ or services, for any of the following purposes:
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:
Mygroser reserves the right to amend the Terms and Conditions without notice of any kind at any time. Your use of our Mygroser Website and/or Mygroser 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. Mygroser 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.
Mygroser 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 Mygroser 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. Mygroser reserves the right to take any further action it deems appropriate in such instances.
To register and use Mygroser 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.
Mygroser Website’s right to suspend or cancel your registration
Mygroser 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 Mygroser Website.
The suspension or cancellation of your registration and your right to use the Mygroser Website shall not affect either party’s rights or liabilities.
All other relevant parts of this Terms and Conditions shall survive cancellation.
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 Mygroser.
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 Mygroser 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.
Mygroser 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: –
Information Collected & Use of Information
Mygroser 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 Mygroser Platform including the Mygroser Website and Mygroser Mobile Applications.
By using the Mygroser Platform, Mygroser Website, or the Mygroser 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.
In connection with the Personal Data Protection Act 2012 (PDPA), you agree that MyGroser Sdn. Bhd. and its related or affiliated co-operatives and organisations (hereafter collectively referred to as “MyGroser”, “we”, “us” or “our”), and/or any part of the Mygroser Platform may collect, use, process, disclose, and/or transfer your personal data for the purposes of administering, maintaining and terminating your membership and participation in MyGroser’s services including but not limited to Mygroser MyRewards and Mygroser MyVIP etc and keeping you informed of updates, changes and developments relating to the service, the scope of which may include but is not limited to:
In compliance with the PDPA, Mygroser will not send marketing messages to telephone or facsimile numbers belonging to you unless you have given us clear and unambiguous consent to do so. If you have previously given us consent, we will continue to send you marketing messages until you advise us in writing that has been acknowledged as received that you wish to withdraw the consent.
Customers representing their companies/institutions can sign up under the “Register as a Business” category during the standard registration process.
Orders made through a corporate account shall be delivered strictly to a corporate address. Any corporate orders placed for delivery to either a non-registered company address or a residential address will not be processed.
The content of the Mygroser Website, Mygroser Applications (mobile or otherwise) and Mygroser Platform and associated assets, marks, services, and brands, is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Mygroser Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Mygroser Website or any part of the Mygroser Platform without written permission from Mygroser.
You may not modify, reproduce, copy or distribute any of the content on MyGroser for commercial purposes without our prior consent.
No licence is granted to you in these Terms and Conditions to use any trade mark of Mygroser.
Availability of the Mygroser Website
Although Mygroser Website aims to offer you the best service possible, Mygroser makes no promise or guarantee that the services at the Mygroser Website will meet your requirements. Mygroser Website cannot guarantee that the service will be fault free. You agree that Mygroser Platform and Mygroser will not be liable or held responsible for any damages, loss or other situations caused through the use of the Mygroser Website and you agree to indemnify Mygroser against and and all claims. If a fault occurs in the service you should report it by email at firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Mygroser Website may occasionally at the absolute discretion and with no explanation or warning be restricted to allow for repairs, maintenance, upgrades, changes, enhancements, or the introduction of new facilities, products, or services. Mygroser Website will attempt to restore the service as soon as it reasonably can.
MyGroser website includes links to other websites or materials which are beyond its control and you agree that Mygroser is not liable for any information, services or items that you experience or find through these links and materials.
Mygroser Limitation of Liability
The Mygroser Website is provided by Mygroser without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability of fitness for a particular purpose. You must bear the risks associated with the use of the Internet.
Mygroser will endeavour to the best of its ability to ensure that information or material included on the Mygroser Website is correct, reputable and of high quality. Mygroser will not be responsible for any errors or omissions or for the results obtained from the use of information or for any technical problems you may experience with the Mygroser Website. If Mygroser is informed of any inaccuracies in the information or material on the Mygroser Website, Mygroser will attempt to correct the inaccuracies as soon as it reasonably can.
In particular, Mygroser disclaim all liabilities in connection with the following:
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Mygroser Website and Mygroser Platform.
MyGroser shall not liable for any consequential, indirect or special damages or loss of whatever descriptions. To the extent that MyGroser is liable in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or or non-compliance of the Product or any other breach of MyGroser’s obligations hereunder, such liability shall not in any event exceed an amount equivalent to the price of the Product(s).
Both Mygroser and the delivery company will not be held responsible for any damages or loss of Products after delivery. The Customer shall not use the Product in any manner and/or for any purpose for which they are unsuited for and shall be responsible for using all necessary skill and care in handling and using the Product. The Customer expressly agrees that MyGroser assumes no obligation or liability for any advice or information given with the Products and MyGroser assumes no responsibility for any inaccuracy or misstatement of any such information. The Customer assumes all risks connected with the use and storage of the Product.
Customer unreservedly acknowledges and agrees that he/she assumes all risk in connection with the use of this site. Mygroser shall not be liable for any direct, indirect, consequential or punitive damage or loss of profits or loss of revenue however arising from the use of, access to the site. Without limitation to the foregoing:
This site and all information contained herein is provided on a “as is” without any implied or express warranty including of any implied warranty as to title, quality, merchantability, fitness for purpose, or non-infringement. Before acting on the information found on Mygroser Website, you may wish to confirm the facts that are important to your decision making. Product information on our website may be different from information on the products for a variety of reasons including such things as manufacturers’ updates and changes. Mygroser reserves the right to change or update information on any product on Mygroser at any time without prior notice.
To the fullest extent permitted by law, MyGroser shall not be liable for any error or omission in the content of the site including any damage or injury arising out of or in connection with any access or use of the site whether such damage/injury is caused by failure of performance, error, omission, defect, delay in operation, computer virus, theft etc.
These Terms and Conditions shall be construed in accordance with the applicable laws of Malaysia. Both the Customer and Mygroser 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 Mygroser irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the relevant jurisdiction/ country.
Mygroser makes no promise that materials on the Mygroser Website are appropriate or available for use in locations outside Malaysia or in countries where it does not yet operate, and accessing the Mygroser 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.
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 Mygroser Website ignores this, Mygroser 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.
Mygroser shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
Whilst every effort is made to fulfil orders in terms of price, details and size through the Mygroser website, Mygroser 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 Mygroser tries to reflect the actual Product size, details and price, Mygroser is not liable for situations when they differ from the actual Product.
The prices advertised on Mygroser Website are meant for home delivery shopping only and these prices may from time to time vary from those found at Mygroser stores or other access points. In circumstances where some Products size and packaging differ from the description found on Mygroser, Mygroser 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, Mygroser reserves the right to adjust the final bill after the online bill is presented/conveyed to the Customer and such adjustment shall be final.
Mygroser has made every effort to display the colours of our Products that appear on the Mygroser 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.
Mygroser shall not be liable to any Customer/person for any loss, damage incurred or inconvenience suffered in the event Mygroser 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, Mygroser reserves the right to supply goods with a weight difference. However Mygroser 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 Mygroser Website once the Customer books a delivery slot.
In situations of stock unavailability for any item(s) in an Order placed with Mygroser, Mygroser reserves the right to process the other items listed in the Order without informing the customer. This is because, at Mygroser, 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. Mygroser 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 Mygroser Website depends on stock in the Mygroser Platform and Mygroser Dark/Cloud Stores and Mygroser 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, Mygroser 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 Mygroser, the Mygroser 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 Mygroser’s control, Mygroser 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 MyGroser 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 will be made to the address specified by Customer on the completed order form.
Mygroser 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. Mygroser always reserves the right to deliver only to the main entrance of the delivery address.
In an event where MyGroser has been notified to leave your order on your doorstep, MyGroser shall not be liable for any consequential, indirect or special damages or loss of whatever descriptions.
The Mygroser delivery service is available in selected areas. To check whether we deliver in your area, go to our website or contact us at email@example.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, Mygroser 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, Mygroser is entitled to charge for providing the service.
Whilst we make every effort to deliver all Customer goods in the agreed time, Mygroser 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 Mygroser 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. Mygroser 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 Mygroser 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.
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.
For bulk orders, the notice given must be prior to order confirmation. After which, there would be a cancellation charge of at least RM20 (not inclusive of SST/ GST and taxes) for Home Delivery and RM50 (not inclusive of SST/ GST and taxes) for Bulk Order Delivery imposed for each order cancelled. To recap, bulk orders are orders for 200 individual items and above.
In the event that the Customer is not present to receive the order on the scheduled delivery date, there will be a redelivery charge of between RM10 to RM50 (not inclusive of SST/ GST and taxes) imposed for normal and bulk orders respectively.
The Customer is required to provide the redelivery date within 2 days from the original date. Otherwise, MyGroser will proceed to cancel the order and a cancellation charge of RM30 and RM50 will be imposed for normal and bulk order respectively. The balance order amount will be refunded to customer account as in app/web credits only.
You can use a debit or credit card to pay for your shopping. We accept the following payment providers, issued by banks in Malaysia:
You can also pay via direct FPX transfer from your bank.
Full payment card authorisation for the amount corresponding to the total price of goods (including service charges) that the Customer has requested shall be made at the time of the order.
Unfortunately we will not accept cash as payment for your shopping. This is because our drivers cannot carry cash with them due to safety reasons.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
All payments are in Malaysian Ringgit only.
Payment information is transmitted through a secure payment channel using our secure server and Secure Socket Layer. Once payment mode has been selected and order has been submitted, any changes on payment mode is not possible.
If corporate cheques require more lead time to issue, customers are to choose appropriate delivery dates or inform Mygroser within sufficient time frame of processing the order. We reserve rights to delay order or charge redelivery of RM30 (not inclusive of SST/ GST and taxes) if cheque is not ready upon delivery.
Mygroser reserves the right to change the mode or method of payment for Products offered online at any time and Customers should refer to the Terms & Conditions on the Mygroser Website for the latest information available.
If you have an order query, please e-mail us at firstname.lastname@example.org
If you have any queries please contact Customer Services at +603 5888 9275.
Refunds are handled on a case-by-case basis and by actual human members of the MyGroser team.
All orders are processed by our Customer Care team for the following items:
These refunds will be made to your Store Credit within 7 business days under normal circumstances.
Refund to original mode of payment
If you would like to request for a withdrawal of your Store Credit balance, a refund or any other form of return to your original mode of payment, please send a written request to email@example.com
Please provide the following for your request to be processed:
All such requests are processed manually and will take up to 21 business days to complete.
Mygroser is not responsible for the content of any other sites outside the Mygroser Website. In addition, a link to another website does not mean that Mygroser endorses or accepts any responsibility for the content displayed on the other website.
Mygroser 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 Mygroser 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.
Mygroser 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.
There may be occasions when materials on or of third Parties are provided on Mygroser website. Mygroser is not responsible for the content and activities of any third party site linked from and beyond Mygroser site. Your visit or use of any third party site linked from Mygroser is entirely at your own risk.
Promotional codes, eCoupons, vouchers, discounts, and other promotional products and services (eCoupon) are valid for a limited or specified period only and Mygroser reserves the right to modify, cancel or discontinue them at any time on the Mygroser website, without any notice, explanation, replacement, or compensation. Promotional codes are not transferable and not redeemable for cash. Each promotional code has its own qualifying terms. It is void where prohibited by law. All offers are subject to availability and while stock lasts.
The general terms and conditions for all promotions are as follows:
If you violate any of these Terms and Conditions, your permission to use the Mygroser 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.
No orders via phone or email will be accepted, all customers have to register for an account and submit their orders online via the Mygroser website or Mygroser mobile applications.
Mygroser cannot be held responsible for any inaccuracy or omission. Mygroser will attempt its best to fulfil orders placed by shoppers. In the event that an ordered Product is not available, Mygroser 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 Mygroser store.
MyGroser Member Rebates will be issued to Mygroser members only. Such members shall provide their NRIC numbers to MyGroser 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.
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.
Mygroser 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.
Mygroser 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.