Terms & Conditions
This application (“App”) is owned and operated by Gigi Coffee Sdn. Bhd. (“we”, “us”, “our” and “Gigi”). Please read carefully and understand fully on the following terms and conditions before you proceed further. When you download and/or use our App, you represent that you have the right and capacity to use this App and agree to be bound by the following terms and conditions (“Terms”) including our policies incorporated by reference. The Terms stated herein shall constitute a legally binding agreement between you and us. If you do not understand or agree to any of the Terms, please stop your access and use of our App immediately. In the event of conflict between these terms and conditions and the terms and conditions governing the relevant transaction(s), product(s), promotion(s) and/or service(s) provided herein, the latter will prevail.
- We bring you this App so that with a few simple clicks, you may order a whole range of products including freshly brewed coffee, tea, food and desserts as available at our stores or kiosks (each, a “Location” and collectively, “Locations”) for pick-up or delivery (depending on Location) or avail yourself of promotions and services (“Products”).
Age of Majority
- On your access or usage of our App, you hereby represent, warrant and undertake that you are 18 years of age or above. If you are under the age of 18, you shall not proceed to access or use our App without the consent and supervision of your legal guardian. We assume that all users of our App are of legal age. We are not obliged to check your age but if it is found that you are underage, we reserve the right to take action against you or your legal guardian including cancelling your membership registration or refusing your access to our App.
Account, Membership, and Password
- Prior to using our App, you are required to register an account with us to become a member and part of the Gigi community (“Account”) using your personal details (including but not limited to your name, date of birth, mobile phone number, email address, occupation, gender, credit / debit card details or other payment option details) (“Personal Details”). We do not collect any registration or processing fee upon your registration.
- The registration starts with a simple process of entering your mobile phone number and a verification code (one time password, “OTP”) will be sent to the registered mobile phone number for you to continue the process.
- Against the creation of your Account, you represent, warrant, agree and undertake that:
- you have full legal capacity to register and use an Account through our App, you shall be able to bind yourself in an agreement and bear any legal consequence;
- your personal details are true, accurate and up-to-date;
- you shall be personally responsible for maintaining the confidentiality of your Account and all activities that occur within your Account;
- you shall not post any comments, information, links, contents which in our view is unlawful, vulgar, culturally / racially / politically sensitive or otherwise inappropriate, and you shall not use our App for any unlawful and fraudulent purpose;
- you shall not abuse your use of our App, and you shall collect or receive any order(s) for the Products promptly and reliably;
- you shall not manufacture and / or use other devices, software, features and tools that are intended to manipulate the system of our App;
- you shall not post anything which shall constitute as cyber-bullying or cyber-stalking;
- you shall not harvest or collect personal details or information of others without their consent;
- you shall not defraud the Company through any means;
- you shall not participate in any activities or posting that will affect the enjoyment and use of others on our App; and
- you shall not use our App for any purpose other than intended or stated on our App.
- You consent to provide a proof of identity to us when requested and you shall be solely responsible to update all your information provided to us in order for us to rely on.
- You agree that your use of our App is for your personal and non-commercial use only and you shall not authorise any third party to use the App with your identity.
- We shall not be liable for any loss or damage arising from the misuse of your Account resulting from your negligence, including but not limited to lending or providing access to others, accessing links or links provided by others, providing or displaying OTP, passwords or emails to third parties, or other negligent acts resulting in loss or obstruction to your Account.
- We reserve the right to cancel, suspend, block or delete your Account on our App at any time for any reason without any liability and without the need to inform you of the reason therefor.
- You are welcome to send a referral promotion code (“Promo Code”) to a friend. If your friend opens an Account and successfully places a first order, you shall be able to enjoy a free Product from the use of our App. The Promo Code shall only apply to new registrants whose mobile phone numbers are not previously registered with our App.
- We reserve the right to cancel the transaction / use of the Promo Code via your Account should it be found fraudulent, misuse or abuse, without prior notice to you or your friend.
- We reserve the right to change the terms and conditions of the Promo Code at any time without prior notice to you or your friend.
Products, Price and Payment
- The prices of the Products provided on our App shall be as stated and quoted in Ringgit Malaysia. These prices are subject to change at any time and from time to time in our sole discretion. The descriptions and photos of the Products on our App are for illustration purposes only and the appearance of the actual Products may vary.
- The various payment methods on our App shall be as following:
- credits in e-wallet (“Coffee Wallet”) from your Account;
- credit card and/or debit card (you will liable for additional charges if a card that is processed overseas is used);
- through an online payment gateway managed by a 3rd party service provider; and/ or
- such other payment method we offer from time to time.
- After an order is successfully placed, you will receive a confirmation notice on our App. Delivery fees will not appear in your order if you opt for order pick-up at any of the Locations.
- We reserve the right to offer additional or suspend any of the payment methods and/or remove existing payment methods at any time in our sole discretion. If you choose to pay using an online payment gateway, the payment shall be processed by our 3rd party payment service provider(s). With your consent, your credit card / debit card information or other payment information will be stored with our 3rd party payment service provider(s) for future orders.
- We do not permit any cancellation and/or modification once an order is placed. However, we do make exceptions in certain instances due solely to our fault, such as where the Products delivered do not match your order. In such instances, kindly contact us to process any request for the cancellation your order ~ we may refund you or replace the Products at our sole discretion.
- Gigi Coffee is presently required to collect sales and services tax of 6% on your orders effective 1 May 2021. Please note that taxes and other charges may be applicable and applied from time to time on your orders if so required by law.
- If we reasonably believe that a transaction might be illegal or fraudulent or when you are suspected of breaching the Terms, we have the right to suspend any transaction by you and/ or your account.
- If we reasonably believe that your account activity might be illegal or fraudulent or when you are suspected of breaching the Terms, we reserve the right to suspend the use of Coffee Wallet and block any financial instrument used by you on the App.
Order Pick Up and Delivery
- Our App offers the Products through services by way of order pick-up or delivery.
- For a seamless and convenient experience, we invite you to place your order and make payment through our App. Once payment is received, our friendly staff will prepare your order for you at your selected Locations.
- You may go to your selected Location to pick up the Products or we will deliver to you as indicated in your order. Kindly note that we do not warrant or guarantee the availability, punctuality, reliability of your use of our services at the Locations or on our App. The time for your order pick-up or delivery may vary due to unforeseeable events or circumstances including but not limited to server down-time, internet connectivity, weather issues, traffic issues, high demand or peak order periods etc. (“Unforeseeable Event”).
- We reserve the right to cancel your order if the collection and/or delivery cannot be done due to the Unforeseeable Event. We reserve the right to refund solely through our App at our sole discretion.
- If you have arranged for an order pick-up, kindly proceed to collect your order at selected Location promptly. If you fail to do so, we reserve the right to cancel your order without refund.
- If any Unforeseeable Event occurs that may affect the availability or punctuality of your order substantially, we reserve the right to cancel your order. We may however contact you in such situation to arrange an alternative date and/or time for collection or delivery of your order and if you reject such offer, we reserve the right to cancel your order. If payment has been made prior to our cancellation of your order, we shall refund such payment either directly to your credit card/debit card and/or your bank account; or we shall refund the credits of your Account. The process of such refund may take up to fourteen (14) days to complete.
Coffee Wallet and Credits
- Your Account contains a Coffee Wallet comprising credit(s) which you may top up through our App and use to purchase Products using our App.
- You may choose to top up credit(s) for the Coffee Wallet in the manner and value as provided in our App. Upon successful top up, the credit(s) in the Coffee Wallet linked shall be available for use to purchase any Products.
- Credits in the Coffee Wallet is a pre-payment for Gigi Coffee’s Products and therefore does not produce any earnings. The credits in the Coffee Wallet are not refundable and shall be valid as stated on the App. Where the credit(s) in the Coffee Wallet cannot be retrieved, please contact us at [email protected] and we shall review the nature of your request or report. Where you personally choose to close or cancel your Account, any balance credit(s) therein shall be forfeited and not be refunded in cash or otherwise.
- here your Account and/or your Coffee Wallet has not been used or has been inactive for a period of at least two (2) years from the last transaction date of your use of Coffee Wallet, your account and/or your Coffee Wallet is deemed dormant and will be automatically deactivated, in which any balance credit(s) therein shall be forfeited and not be refunded in cash or otherwise.
- If there is a clerical, technical, accounting or billing error, Gigi Coffee has the right to amend your credit balance in the Coffee Wallet. Please contact us at [email protected] if you have any inquiry in respect of your transaction history and/or you any amendments.
- You consent to notify us at [email protected] once you become aware of any unauthorised transactions, theft of funds or fraudulent activities in respect of credits in Coffee Wallet. If we reasonably believe that any transaction might be illegal or fraudulent, any balance credit(s) therein shall be forfeited and not be refunded in cash or otherwise
- Only one (1) Coffee Wallet can be registered to a single individual, and one (1) mobile phone number can only be linked with one (1) Coffee Wallet.
- You may only start to earn points upon the successful activation of your Account. All points are non-transferable.
- Members will be entitled to earn points upon making purchases through the Application, participating certain Permitted transactions through the App, or such other means as may be determined by Gigi Coffee from time to time.
- Unless otherwise prescribed by the App, you will not be entitled to earn points:
- for purchases made through any food delivery services operator via third-party platforms.
- for purchases paid for using vouchers, e-vouchers, coupons (including any rewards);
- for purchasing credits for your Coffee Wallet; or
- for purchases paid for using points as credits.
- One (1) point will be accorded for each RM1.00 spent (rounded down to the nearest one Ringgit). Gigi Coffee may increase or decrease the rate of point to be awarded for each selected transaction as may be published on the App or notified to you from time to time.
- Points earned under the App cannot be exchanged for cash or be purchased, resold or transferred for value, and will not be regarded as valuable or exchangeable instruments outside the App other than the purposes set out in this Terms. Notwithstanding the term herein, you may use the points as follows:
– as credits for redemption at any physical Gigi Coffee outlets. The redemption would go as (100 points to offset RM1.00) In such case, the applicable number of points will be deducted from your account.
The default validity period for the points is one (1) year from the most recent successful transaction date, and the validity period will be superseded by a new start date upon the completion of a successful transaction.
Any unused points will expire if they are not used or in the event you do not perform a successful transaction on the App within the validity period. In such an event, your accumulated points will automatically expire and be automatically forfeited at the absolute discretion of the Company without notice.
- As a member, you will gain access to browse the e-vouchers shown on the rewards catalogue made available in the Application (“Rewards”).
- All members may use points to redeem Rewards which include, but is not limited to, free drinks, discount vouchers, giveaways, merchandise, or other prescribed products at any Gigi Coffee outlet in Malaysia. The type and availability of Rewards will be determined by Gigi Coffee at our sole discretion.
- Notwithstanding the provisions herein, each Reward is subject to additional terms and conditions as well as the specific validity period as stated in the rewards 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:
- the Reward is no longer available or out of stock;
- the points you wish to use for redemption were issued to you in error; or
- 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.
- From time to time, we would like to express our gratefulness for your support by providing promotion codes, discount codes or vouchers (“Voucher”) on our App which enable you to purchase the Products on a better deal.
- Changes in the price of the Products or service fees shall comply with the terms and conditions stated in operation of the Voucher. We reserve the right to change the terms and conditions which the Voucher is subject to.
- The Voucher is not exchangeable for cash and shall only be used on our App unless stated otherwise.
- The information or content on our App may contain links to 3rd party websites or apps that are not under our control and supervision. You are also bound by the relevant terms and conditions of the 3rd party website upon your access to 3rd party website even through the links provided on our App. You shall bear sole and full liability in the course of your use of the 3rd party website or app.
- We may engage with a 3rd party service provider for the operation of any services, marketing and promotions or any event at any Location or on our App. You hereby acknowledge and consent our engagement with a 3rd party service provider for operation of service, promotion or event on our App; or for any other business and/or legal purposes. We shall not be liable to any claims, losses, demands, liabilities, costs and expenses (including lawyer’s fees and costs and expenses related thereto) suffered or incurred by you in connection with the use of 3rd party service provider on our App.
- You further agree to indemnify and defend us from and against all claims, losses, demands, liabilities, costs and expenses (including lawyer’s fees and costs and expenses related thereto) suffered or incurred by us as a result of, or in connection with, any 3rd party claims to the extent caused, in whole or in part, by the fraud, gross negligence or willful misconduct on your behalf.
Intellectual Property Rights
- We shall own the intellectual property rights, title and interest to any logo, name, brand, marks, design, layout, illustrations, photos, videos, contents, images, sound files and other relevant information (“Information”) in connection to our App. Therefore, no rights or licence is granted to you to use them.
- All the Information contained on our App is for reference, interaction and purchase only. It is for your personal use only and the Information shall not be used for commercial purposes.
- For your use of our App and in respect of the App and Information, you will not, nor allow third parties on your behalf to:
- make and distribute copies;
- in any way, disseminate, announce, spread, revise, display or sell any of the contents of or the Products described; and
- attempt to replicate, endorse, copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate; or create derivative works of any kind whatsoever.
- You agree to indemnify us against any of your unauthorised use of the Information. You shall defend and prevent us from any harm caused by your unauthorised use of the Information. You agree that your unauthorised use of the Information may result in our irredeemable losses and in the event of your unauthorised use, we shall reserve the right to apply for any other remedies under the laws of Malaysia.
- You grant us, without any compensation of any kind to you or others, the exclusive right and license to use, copy, distribute, display, publish, perform, sell, sublicense, modify, edit, adapt, translate, transmit, create derivative works from, and otherwise exploit all images, contents, reviews, comments or contents (“Contents”) uploaded and/or submitted by you in any form, medium or technology in connection to our App or the Products, whether now or in the future. Without limiting the foregoing, you agree that, without further consent from you, we may exercise the rights you grant us herein for any and all purposes we deem appropriate, including, without limitation, for the promotion, marketing, and publicising of our services and products. We may, for example, use and publish the Contents on our website or 3rd party websites, in our print, broadcast and digital advertisements, in our marketing materials, and in connection with our promotional events. The right and license you grant us is perpetual, irrevocable, exclusive, royalty-free, unrestricted, worldwide, and transferable without your further consent.
- You consent and agree that transmission of your Personal Information to us, our agents and/or service providers may be required for some functions of the App.
- Our App may display some content that is not ours. These contents and representations expressed on the App (if any) are of sole responsibility of the entity that makes it available and does not reflect our opinion. All contents cannot be assumed to have been reviewed by us. We may (but are not obligated to) review a content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
Exclusion of Liability
- The content on our App may contain error or incorrect information. We only provide the service and content on our App on “as is” and “as available” basis. We do not warrant and undertake impliedly or expressly correctness, accuracy, precision of our App and we do not provide guarantee, commitment, warranty and undertaking on the reliability, availability or ability of any content or service on our App to meet your need.
- We do not give any of the following guarantees, commitments, warranties and undertakings on your access and use of our App:
- that the server of our App is well maintained and error-free;
- our App is free from digital virus or any harmful functions at any time or in the future;
- there will be no defects on your access and use of our App; and
- the operation of our App shall be timely, secure and uninterrupted.
- We shall not be liable to any damage or loss caused, or alleged to be cause or in connection to your reliance on the content of our App.
- To the extent permitted by law, we shall in no event be responsible or liable for:
- any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits or savings arising in connection with your access or use or the inability to access or use the App (or any third party link to or from the App), reliance on the information contained in the App, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
- any claim by any third party/relevant authority(ies) against you, loss of profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages caused.
- any loss or damage howsoever arising from you downloading the wrong version of the App to your device.
- You consent to provide to the us information and data for us to use and comply with the provisions of Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, as well as to comply with any other rules or regulations set out by other government regulators and agencies.
- You shall be responsible to access and use our App for its intended purpose. You shall fully indemnify us (including our subsidiaries, directors, officers, members, employees, agents and attorneys) if there is any claim, damages, injury, debt, cost and expense (including lawyer’s fees and costs and expenses related thereto) arise from your breach of the Terms or any unlawful conduct to the extent not due to our fault.
- You shall be responsible to resolve any disputes between you and your credit/debit card company and the entities of the payment methods on your own.
- We may give notice on the App, our website, our social media channels or by short messaging service or electronic mail to your mobile phone number or email address in our records. All notices shall be deemed to have been given when it is posted on the App, our website and social media channels or upon expiration of thirty (30) minutes after it is sent via short messaging service or electronic mail.
- We reserve our right to assign any of our rights and obligations to a 3rd party without your consent from time to time for any reason.
- You shall not, without prior written consent of us, assigned any of your rights and obligations to a 3rd party.
Relationship of parties
- There will be no partnership, joint venture, employment or agency relationship that exists between Gigi Coffee, you or any 3rd party provider as a result of this Terms and use of the App.
- If there is a delay in exercising our right or remedy under the Terms, it shall not be deemed as waiver. Any waiver of right and remedy shall be in writing.
Law and Jurisdiction
- The Terms shall be interpreted and governed under the laws of Malaysia. You shall agree to submit any dispute or claim to the non-exclusive jurisdiction of the courts of Malaysia.
- We reserve the right to make any unilateral changes, variations, amendments, modifications, alterations and adjustments to any of the Terms, information, material, functions and content of the App. Such unilateral changes, variations, amendments, modifications, alterations and adjustments shall be effective upon publication on our App. Kindly check the updates of the Terms upon every access and use of our App.
- In connection with your use of the App, we may from time to time send you announcements, administrative messages, and other information. You may opt out of some of those communications.
- The headings used on the Terms are merely for your convenience on reference. It shall in no way limits the generality and definition on the Terms.