1.1. Welcome to DON COFFEE App (the "Platform"), a mobile application issued by Boba Tea Sdn. Bhd. (“DON COFFEE App”). This Terms of Service is a contract between you and DON COFFEE App and it governs your use of all Services (defined below). Please read the following Terms of Service carefully before using this Platform or opening a DON COFFEE App account ("Account")so that you are aware of your legal rights and obligations with respect to us and our affiliates and subsidiaries (individually and collectively, "Company", "we", "us" or "our").
1.2. BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE BELOW 18 YEARS OLD OR THE RELEVANT "AGE OF MAJORITY" WHERE YOU LIVE, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT KNOWWHETHER YOU HAVE REACHED THE "AGE OF MAJORITY" WHERE YOU LIVE, OR DO NOT UNDERSTAND THIS CLAUSE 1.2, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THESE TERMS OF SERVICE ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES, INCLUDING ANY TRANSACTION MADE BY THE MINOR, WHETHER THE MINOR'S ACCOUNT IS NOW OPEN OR CREATED LATER AND WHETHER OR NOT THE MINOR IS SUPERVISED BY YOU DURING HIS OR HER USE OF OUR SERVICES.
1.3. We have the right to revise these Terms of Service at any time without providing notice to you. Your continued use of the Services, this Platform and/or your registration of an Account, shall be deemed irrevocable acceptance of these Terms of Service and any such revisions.
1.4. We reserve the right at all times, at our sole discretion, to change, upgrade, modify, suspend, limit or discontinue any portion of this Platform or the Services or any of our related functions or applications, including payment methods, temporarily or permanently, without notice to you or giving any reason. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features orrestrict your access to parts of, or the entire, Platform or Services in our sole discretion and without notice or liability.
1.5. We reserve the right to refuse to provide you access to the Platform or Services or to allow you to open an Account for any reason.
2.0. WHAT DO WE DO WITH YOUR INFORMATION?
2.1 When you purchase something from DON COFFEE, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address and phone number. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
2.2 We may send you emails about our store, new products, and other updates. By signing up, you also consent to receive promotional messages on the provided phone number.
3.1 How do you get my consent? When you provide us with personal information to complete a transaction, verify your personal information, place an order, arrange for a pickup order or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say no.
3.2 How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com.
4.1 We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
5.0 THIRD-PARTY SERVICES
5.1 DON COFFEE uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run DON COFFEE. Although DON COFFEE owns the code, databases, and all rights to the DON COFFEE application, you retain all rights to your data.
5.2 In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
5.3 However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
5.4 For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
5.5 In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
5.7 Links When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
6.0. ACCOUNTS AND SECURITY
6.1. To access our Services, you are required to register for an Account by providing certain personal information such as your mobile telephone number, selecting a password, and optionally selecting a unique User identification ("User ID"). If you select a User ID that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your Account. Once an Account is set up you can directly transact. By setting up an Account, you confirm that you have provided us with your consent to use your personal information stored by the relevant Merchant for verification if required, including, but not limited to, when your Account mobile-activated phone has been lost, stolen or deactivated. If you want to be a verified user, you will need to submit full name, birth date, e-mail, phone number as part of our standard KYC (Know-Your-Customer) process. By registering for an Account, you confirm that (a) you have provided us with your consent to use your personal information for the provision of Services; and (b) you will pay or allow us to deduct from your Account all fees and charges associated with the use of the Services.
6.3. You agree to (a) keep your password and PIN confidential and use only your personal Account password and PIN when logging in; (b) ensure that you lock your Account at the end of each session on the Platform; (c) immediately notify us of any unauthorized use of your Account; and (d) ensure that your Account information is accurate and up to date. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. Once you are logged in to the Account, you will stay logged in until you log out. If someone (you or someone else) has entered the wrong password and/or PIN up to 5 (five) times in a row on any 1 (one) day, your Account will be blocked. To recover your blocked Account, you must contact us. We will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Clause 6.
6.4. We may require that you submit documents such as identification documents so that you may access our Services.
6.5. You are responsible for providing accurate registration information and for keeping your registration information up to date or notifying us in the event of changes.
6.6. You agree that we may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately terminate your Account, and remove or discard from the Platform any Content associated with your Account. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity; (b) violation of the letter or spirit of these Terms of Service; (c) fraudulent, harassing, defamatory, threatening or abusive behaviour; or (d) behaviour that is harmful to other Users, third parties, or the business interests of the Company. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against us, or which in any way involves us, then we may terminate your Account.
6.7. If your Account is or remains inactive (which means you have not logged into your Account) for more than three (3) months, we reserve the right to adopt the necessary measures such as suspending or deactivating your Account.
6.8. You may only use the Services and/or open an Account if your applicable jurisdiction allows you to accept these Terms of Service.
6.9. Should your Account be banned due to investigation by any governmental or regulatory body(ies), we reserve the right to retain your money indefinitely and/or release it per instruction from the governmental or regulatory body(ies).
6.10. You may only use the Services and/or open an Account if your applicable jurisdiction allows you to accept these Terms of Service.
6.11. Account Deletion
You may proceed to delete your (Boba Tea Sdn Bhd) account's data by selecting the Delete Account button in your profile setting options. After the deletion process, all the information you submitted when registering the account, and activities data in the (Boba Tea Sdn Bhd) app will be permanently removed.
7. SUSPENSION OR BREAKDOWN OF SYSTEM
7.1. If you are unable to use the Services as a result of improper operation of the Software due to any of the following reasons, you agree that you will not hold us or our affiliates liable for:
(a) failure to give notice of system suspension or maintenance on our Platform;
(b) failure in transmission of data due to breakdown or suspension of telecommunications equipment and/or systems;
(c) failure in system operations due to force majeure events including, but not limited to, typhoon, earthquake, tsunami, flood, blackout, war, terrorist attack, beyond our reasonable control; or
(d) interruption or delays in the Services due to hacking, maintenance, upgrades, banking or regulatory bodies, and any other reasons.
7.2. You agree and acknowledge that you will release and indemnify us against any damages, losses and claims from you or other third party in relation with the foregoing suspension or breakdown of systems.
9.0. AGE OF CONSENT
9.1 By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
10.2 If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please contact firstname.lastname@example.org.