TERMS & CONDITIONS
This DON COFFEE Agreement ("Agreement") is between you and DON COFFEE Corporation ("we" or "us") and describes the terms and conditions that apply to your DON COFFEE Card. By buying, loading, or using your DON COFFEE Card, you agree to these terms.
This Agreement includes an Arbitration provision that governs any disputes between you and us. This provision will:
• Eliminate your right to a trial by jury; and
• Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
1 ACCOUNT SIGN-UP & MAINTENANCE
1.1 The Application is provided to you free of charge and is intended only for your personal use and is not to be shared with any other persons.
1.3 You must be at least 18 years of age to use the services provided by the Application. We may require you to provide us with proof of your age before we accept your registration form. By agreeing to these Terms and Conditions, you represent and warrant to us that you are at least 18 years old. If you are younger than 18 years of age, you confirm that you have the permission of your parent or legal guardian who has consented to this Terms and Conditions.
1.4 You warrant that you will ensure that all information provided to DON COFFEE as part of your Account profile are true, complete, accurate and will be updated in a timely manner in the event of any change.
1.5 You warrant that your use of the Application will not violate any laws and regulations applicable to you, and that you will not engage in any activity that may cause interference, disruption, harm or cessation of transmission through the Application. You agree to be responsible for all matters arising from your Account, your use of the Application and the acts of such other persons to whom you have shared access to your Account. If you find an error has occurred in the operation of a verification pin or password, suspect your Account is no longer secure or that unauthorised activity has been carried out on your Account, please notify us at email@example.com.
1.6 You acknowledge and agree that DON COFFEE reserves the right to disable access to or suspend your Account, and in such event, you may be prevented from accessing the services or Contents contained in the Application. In the event your Account and/or services have been suspended and you request for reactivation, DON COFFEE may at its absolute discretion reactivate your Account.
2 PROPRIETARY RIGHTS
2.1 All Contents are protected by intellectual property laws. All rights, title and interest in the Contents are owned by, licensed to or controlled by DON COFFEE or its service providers, vendors or partners.
2.2 DON COFFEE grants you a limited, non-exclusive, non-transferable, revocable licence to download and install the Application, and to use such Application for your personal, noncommercial use for lawful purposes.
2.3 Save as otherwise provided, the Contents shall not be reproduced, distributed, disseminated, retransmitted or published, modify or create derivative works of the Contents, commercially exploited or sold (including by removing any of DON COFFEE’s name, trademark or logo from the Content) without the prior consent in writing of DON COFFEE.
2.4 We reserve the right at any time and without prior notice, to remove or disable access to any Content displayed in the Application.
DON COFFEE LOYALTY PROGRAMME TERMS & CONDITIONS
Upon successful activation of your Account through the Application, you will automatically be issued with a “Basic” membership status free of charge.
• Points collection
DON COFFEE MEMBERSHIP
1. Each membership account is non-transferable and will be allocated with a series of identification numbers unique to each Account.
2. This membership is only limited to Malaysia and can only be used in Malaysia.
3. You may edit your particulars such as your name, email address, date of birth, contact number and password through the Application which will automatically be reflected in your Account.
4. All Members shall be responsible for all activities and transactions made on their respective Account.
5. DON COFFEE reserves the right to cancel or amend the Loyalty Programme (including any benefits and privileges enjoyed by Members) or any membership account as it sees fit.
1. Lifetime Membership – Free lifetime membership.
2. Members’ Specials – Enjoy exclusive discounts on selected products.
3. Exclusive Invites to Offers & Events – You may be invited to exclusive promotions, events and offered special discounts during promotions.
4. Exclusive Vouchers – You will receive exclusive members’ vouchers which can be used at DON COFFEE Outlets.
5. Email Updates & Regular SMS Updates – You will receive regular updates through email or SMS on in-store activities and special promotions.
1. You may only start to earn points upon the successful activation of your Account. All points are non-transferable.
2. One (1) point will be accorded for each RM1.00 spent (rounded down to the nearest one Ringgit). DON COFFEE may increase or decrease the rate of points to be awarded for each selected transaction as may be published on the Application or notified to you from time to time.
3. The default validity period for the points is one (2) year from the most recent Permitted transaction date, and the validity period will be superseded by a new start date upon the completion of a Permitted transaction.
4. Any unused points will expire if they are not used or in the event you do not perform a Permitted transaction within the validity period. In such an event, your accumulated points will be automatically forfeited at the absolute discretion of the Company without notice.
5. Points cannot be replaced if they are lost or stolen due to network disruptions, power outages, virus and security breaches of the Application or on your Account. DON COFFEE will not be liable for claims, compensation or losses under such circumstances.
As a Member, you will gain access to browse the e-vouchers shown on the vouchers catalogue made available in the Application (“Vouchers”). All Members’ membership status may use points to redeem the voucher which includes, but is not limited to, free drinks, discount vouchers, giveaways, merchandise or other prescribed products at any DON COFFEE outlet in Malaysia.
Notwithstanding the provisions herein, each Vouchers is subject to additional terms and conditions as well as the specific validity period as stated in the vouchers catalogue section of the Application.
We may, at our absolute discretion and without prior notice, reject your redemption request for any reason whatsoever, including without limitation, where:
1. the Voucher is no longer available or out of stock;
2. we reasonably believe that the redemption may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means.
You may order drinks or such other products available at the DON COFFEE App, and we will do our utmost best to make the orders on the specified time and date you select then you may come to pick up your order at the selected DON COFFEE outlets. Orders must be received before the specified cut-off time for that given product which will be shown as you proceed through the ordering process. You shall review your order carefully before placing it, we shall not be held responsible for any failure to do so or changes after the order is made to the time, outlets address or items.
We may however, in our sole discretion, choose to not process or to cancel your orders in certain circumstances. This may occur, for example, when the drinks or products you wish to order is no longer available, out of coverage for delivery, or in other unforeseen circumstances such as operational outages. We will not charge you in these cases or refund the charges for orders that we do not process or cancel.
To serve you better, we have made available add-on items such as drinks and other sides etc on the App produced by third party partners which we believe are of good quality, we shall however not be held liable for the quality of or any issues associated with such add-on items produced by third party.
While we endeavour to provide an accurate description of the products and/or services offered on the App, we do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, reliability or suitability of the information and materials found or offered on the App, and the pictures shown are for illustration purpose only.
You acknowledge that such information and materials are provided on ″as is″ and ″if available″ basis and may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information and materials found or offered on the App generally.
In the event of unavailability of certain ingredients, we will replace with similar ingredients while preserving the quality of the meals without an update. While we attempt to identify ingredients that may cause allergic reactions for those with food allergies, we however do not make representation on the same and there is always a risk of contamination. If you are concerned with food allergies, please be aware of the said risk and that we may prepare food and use ingredients that contain nuts, fruits, dairy, milk, coffee bean and syrups.
We endeavour to ensure and maintain a high quality and hygiene of the drinks prepared for you, if however in the unlikely event that you found the drinks delivered are not in good condition or contained items that do not belong therein, please do not consume the said drinks but to contact us for a refund. We reserve the right to issue such full and partial refunds and any additional compensation in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery. We may request a photograph or other documentation showing the problem if it is something that can be seen by inspecting the Items. Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and other information.
Price and Payment
All prices are in Malaysian Ringgit (MYR) unless otherwise stated. The prices are correct as shown on the App, and are inclusive of applicable tax and delivery charges unless the delivery address is not within the delivery area or minimum order/basket size requirement shall apply. We reserve the right to review the prices from time to time. Payment can be made online (via debit or credit card payment).
We may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Payment may also be made by using vouchers or account credit. Use of these is subject to DON COFFEE’s Voucher and Account Credit Terms.
Orders are considered final as soon as they are placed and modification/cancellation is generally not permitted. That said, we do make exceptions on a case-by-case basis and please inform us at least 45 minutes in advance. In the event of cancellation, we may credit the cost of such order to your account balance which can be applied to your next order. We are not liable or responsible for the time of outside delays in outside payment gateway to charge or refund you or if your bank account/credit card has been used in a fraudulent manner.
You may cancel an order without charge at any time before we have confirmed your order (a “Confirmed Order”) or received a confirmation email. If you wish to cancel an order before it becomes a Confirmed Order, please contact us immediately, via our Application. If we have not confirmed your order, we will refund your payment (excluding any discount, or Voucher that was applied to the order – see Voucher and Account Credit Terms for more detail). If you cancel any order after it becomes a Confirmed Order, you will be charged the full price for the Items, and if the driver has been despatched you will also be charged for delivery.
We may notify you that an order has been cancelled or if an item because unavailable at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.
By using or ordering via the App, you acknowledge and agree that the use of the App is at your own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use the App, or any application or material on any site linked to this App (including but not limited to any viruses, bugs or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of the App by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.
We disclaim any and all liability to you for the supply of the delivery and products to the fullest extent permissible under applicable laws unless the loss or damage is due to our willful misconduct, or gross negligence. This however shall not affect your statutory rights as a consumer under applicable laws. In the event that we are found liable for any loss or damage, such liability is limited to the amount that you have paid for the relevant products. We shall not be liable for any consequential, indirect or special damage, howsoever arising.
In the event of the reasonable belief that there exists an abuse of promotional event and/or suspects instances of fraud, we may cause the suspected user to be blocked immediately and reserves the right to refuse future services. Additionally, should there exist an abuse of vouchers or discount codes, we reserve the right to seek compensation or damages from any and all violators. Any promotions or offers are subject to our sole discretion and may be withdrawn at any time and without prior notice.
The App may include content, information or links to third parties or third party sites. We shall not be held responsible for the content of any such sites or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at your own risk and we make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this App. You agree to hold harmless and relieve us from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of the App, or as a result of violation of this Terms and Conditions by you or through use of your account.
Intellectual Property Rights
All intellectual property rights in connection with the App (including but not limited to, the recipe, design, layout, look, text, appearance and graphics) are owned by us and must not be reproduced without our prior written consent. You may for your own personal use, to print and download the materials or bookmark or share links directing others to the content on the App, provided that you do not modify, reproduce or republish any content either online or offline, without our consent.
You are not allowed to use or launch any automated system or program in connection with the App or its online ordering functionality. You may not collect or harvest any personally identifiable information from the Website or the App, use communication systems provided by the App for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website or the App with respect to their submission to the App, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the App.
Variation of Terms and Conditions
We reserve the right at our sole discretion to vary, modify and make changes to these Terms and Conditions from time to time, and any such variations shall become effective once posted on the App. You agree that the continued use of the App indicates your acceptance of the modified Terms and Conditions.
If any provision of these Terms and Conditions shall be deemed invalid, illegal or unenforceable, such provision shall be deemed deleted without affecting or impairing the remainder of the Terms and Conditions which shall continue to be in force.
We may subcontract any part or parts of the services or products that we provide to you from time to time and we may assign or change any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.