1.1 You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are drinkdrink and we are the owners of this Website/Mobile applications (and we refer to ourselves as "drinkdrink", "we" or "us" or "our" in this document).
1.2 Please read this agreement carefully. By browsing, accessing or using this Website/Mobile applications or by using any facilities or services made available through it or by transacting through or on it, you are deemed to have read, understood and agreed to observe, comply and be bound to the terms and conditions that of which are called the "Agreement"). This Agreement is made between you and us.
1.3 We reserve the right to amend these terms and conditions at any time and it is your responsibility to review these terms and conditions on each occasion you make any purchases. All amendments to these terms and conditions will be posted online at drinkdrink. Continued use of the Service or the Website/Mobile applications will be deemed to constitute acceptance of the new terms and conditions.
1.4 Your statutory rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
2.1 Applicability of these terms and conditions: Use by you of the Service and the Website/Mobile applications and any Purchase are each subject to the terms and conditions set out in this Agreement.2.1 Applicability of these terms and conditions: Use by you of the Service and the Website/Mobile applications and any Purchase are each subject to the terms and conditions set out in this Agreement.
2.2 Age: To use the Service and make any Purchase at drinkdrink, you must be 21 years of age or over, and are a non-Muslim.
2.3 Place: The Website/Mobile applications and the Service and any Purchase(s) are directed solely at those who access the Website/Mobile applications from Malaysia. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of Malaysia. If you choose to access the Website/Mobile applications (or use the Service or make a Purchase) from locations outside Malaysia, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
2.4 Scope: The Website/Mobile applications, Service and any Purchase are for your non-commercial, personal use only and must not be used for business is not allowed.
2.5 Prevention on use: We reserve the right to prevent you using the Website/Mobile applications and the Service (or any part of them) and to prevent you from making any Purchase.
2.6 Equipment: The Service and use of the Website/Mobile applications and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website/Mobile applications or the Service or to make any Purchase. To use the Website/Mobile applications or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
2.7 Product Availability: Product available for redemption are subject to availability.
3.1 Why register: You do not need to Register to use much of the functionality of the Website/Mobile applications or to access much of the Service. However, you must Register in order to make a Purchase from the Website/Mobile applications. This is so that we can provide you with easy access to print your orders, view your past purchases and modify your preferences. We reserve the right to decline a new Registration or to cancel an existing Registration at any time.
3.3 Passwords: Once you finish Registration, we will allocate a password to you and your account. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website/Mobile applications. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
3.4 Valid email addresses: All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
3.5 Closing accounts: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-Malaysian user pretends to be a user, or disrupts the Website/Mobile applications or the Service in any way.
3.6 Multiple logons: If you use multiple logins for the purpose of disrupting the Website/Mobile applications, you may have action taken against all of your accounts.
4.1 If you do not receive a confirmation number (in the form of an email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your drinkdrink account or drinkdrink customer service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
4.2 Purchases are limited as endorsed and are non-transferable. The unauthorized resale of drinkdrink coupons is strictly prohibited and will be prosecuted. Coupons are valid ONLY for the schedule, date and time for which you purchased. drinkdrink is not responsible for lost or stolen coupons.
5.1 We may cancel an Agreement if the goods or services are not available for any reason. We will notify you if this is the case and return any payment that you have made.
5.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product.
6.1 Before purchasing carefully review your date and location selection. Policies set forth by F&B Operators generally prohibit us from issuing exchanges or refunds after goods has been purchased or for lost, stolen, damaged or destroyed coupons.
6.2 You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to goods you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by its clients, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase goods from the Website/Mobile applications.
6.3 Should you do so, your goods may be cancelled, and we may, in its sole discretion, refuse to honor pending and future goods purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Website/Mobile applications.
7.1 F&B Operators reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with F&B Operator rules. Breach of terms or rules will terminate your license to redeem the purchase without refund.
8.1 We warrant that:
8.1.1 we will exercise reasonable care and skill in performing any obligation under this Agreement, and
8.1.2 we have the right to sell alcoholic beverages and that our Goods and Services are of satisfactory quality and fit for their purpose.
8.2. the performance, non-performance, purported performance or delay in performance by us of this Agreement (including in relation to the Website/Mobile applications or Service supplied by us); or
8.2.1 otherwise in relation to this Agreement or the entering into or performance of this Agreement.
8.3 Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the consumer guarantees relating to the supply of products and/or services in Part V and Part VIII to the Consumer Protection Act 1999; or (iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to Clause 1.4).
8.4 We do not warrant and we exclude all Liability in respect of:
8.4.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website/Mobile applications or otherwise; and
8.4.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
8.4.3 your use of any information or materials on the Website/Mobile applications (which is entirely at your own risk and it is your responsibility);
8.5 To the extent permitted by law, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
8.6 We shall have no Liability for:
8.6.1 loss of revenue;
8.6.2 loss of actual or anticipated profits;
8.6.3 loss of contracts;
8.6.4 loss of the use of money;
8.6.5 loss of anticipated savings;
8.6.6 loss of business;
8.6.7 loss of opportunity;
8.6.8 loss of goodwill;
8.6.9 loss of reputation;
8.6.10 loss of, damage to or corruption of data; or
8.6.11 any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise.
8.7 To the extent permitted by law, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) RM50; or b) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
8.8 The limitation of Liability under Clause 8.4 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any clause of this Agreement.
8.9 In this Clause:
8.9.1 "Liability" means liability in or for breach of contract, Breach of Duty, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any clause of this Agreement; and
8.9.2 "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
9.1 Interpretation: In this Agreement:
9.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
9.1.2 clause headings and clause titles are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
9.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
9.2 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
9.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
9.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
9.5 Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
9.7 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement
9.8 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
9.9 Survival: In any event, provisions that either are expressed to survive its expiry or termination or from their nature or context, it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website/Mobile applications or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website/Mobile applications or Service. In the event you use products bought under this Agreement, then those provisions applicable to products will survive termination of this Agreement.
9.10 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
9.11 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with laws of Malaysia and both parties hereby submit to the exclusive jurisdiction of the courts of Malaysia.
10.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
10.2 We place great value on our customer satisfaction. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint.
10.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Transaction Id that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
WE TAKE OUR CUSTOMERS PRIVACY SERIOUSLY AND WE WILL ONLY COLLECT AND USE YOUR PERSONAL INFORMATION AS OUTLINED BELOW.
Although every effort has been made to ensure the accuracy of the information and data contained, visitors to the Website/Mobile applications should note that this information and data is subject to change without notice, and its use, for whatever purpose is at your sole risk. No warranties, either express or implied are provided by drinkdrink and all promotional deals and offers are subject to terms and conditions which may vary from time to time and the availability of stock.
drinkdrink agents, instrumentalities, officers and employees:
• Make no representations, expressed or implied, as to the accuracy of the information and data contained on this Website/Mobile applications. • Accept no liability for any use of the said information and data or reliance placed on it. • Make no representations, either expressed or implied, as to the suitability of the said information and data for any particular purpose; and • Make no warranties that the said information and data is free of infection by computer viruses or other contamination.
1. Memberships are not transferable. Points, and any rights they confer, cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. Points have no cash or monetary value. drinkdrink may, at its absolute discretion, allow the transfer of Points under certain exceptional circumstances.
2. drinkdrink has the right to change, limit or modify Program rules, Rewards, Reward structure and Rewards Point levels at any time with or without notice.
3. The number of Points required to redeem any Reward may be increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed at any time.
4. The number of Points published for a Reward claimed by a Member will be deducted from the Points balance of the Loyalty Member’s Account, with the oldest Points being deducted first. Any Points, which are not used to claim a Rewards within 36 months after the end of the month in which the Points were recorded, will automatically expire and be deducted from the Points balance in a Loyalty Member’s Account.
drinkdrink may also deduct from the Points balance in a Loyalty Member’s Account, given the following circumstances:
• Any Points suspected to be fraudulently recorded; or
• Any Points recorded in error; or
• Any Points relating to a transaction which is cancelled
drinkdrink reserves the right to deduct any such points as stated above without notifying the Loyalty Member.
5. In accumulating Points, members should not rely upon the continuing availability of any Reward or Reward level, and members may not be able to obtain all offered Rewards in all circumstances:
drinkdrink has the right to terminate the Rewards Program at any time upon six months prior notice to members. As of the termination date, members will no longer be able to earn Points or to redeem for Rewards. drinkdrink may terminate the Program at any time in whole or in part without advance notice in any jurisdiction(s) if required to do so by applicable law. In addition, the Program may be suspended or terminated if events beyond drinkdrink’s reasonable control, such as computer or electronic transmission failure, materially affect drinkdrink’s ability to continue the Program.
PROGRAM TERM AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.