Terms of service

Terms & Conditions

1. INTRODUCTION

1.1 Welcome to the Capbrew website. These Terms of Use govern your access and use of the Website and the use of any services, information and functions made available by us on the Website (“Services”). Before using this Website or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Website and/or the Services (collectively referred to as the “Capbrew Terms and Conditions”) and you must consent to the processing of your personal data as described in our Privacy Policy. By accessing the Website and/or using the Services, you agree to be bound by the Capbrew Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to the Capbrew Terms and Conditions and the Privacy Policy, do not access and/or use this Website and/or the Services.

1.2 CAPBREW COFFEE reserves the right to change, modify, add, or remove portions of these Terms of Use and/or the Capbrew Terms and Conditions at any time. Changes will be effective when posted on the Website and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.

1.3 If you are under the age of 18 or the legal age applicable in your country, you must obtain permission from your parent(s) or legal guardian(s) to use the Website and/or purchase products from the Website. If you are the parent or legal guardian of a minor who is using the Website, you accept and agree to be responsible for the minor’s use of the Website and any purchases made through the Website.

2. USE OF THE WEBSITE AND/OR SERVICES

2.1 We grant you a non-transferable and revocable license to use the Website and/or Services, subject to these Terms of Use, for the purpose of browsing our products and making purchases for personal use. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use may result in the immediate revocation of the access granted herein.

2.2 Content provided on this Website is solely for informational purposes. Product descriptions, coffee characteristics, tasting notes, brewing information and other content are provided to help customers understand our products and may not reflect the exact experience of every individual customer.

2.3 Certain services and related features that may be made available on the Website may require registration or the provision of personal information. Should you choose to register or use any such services or related features, you agree to provide accurate and current information and to promptly update such information if there are any changes. You are responsible for maintaining the security of your account information and for all activities carried out through your account.

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website or any part of the Services.

2.5 We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, content or material on the Website and/or through the Services;

(b) prevent or restrict access of any unauthorised user to the Website and/or the Services;

(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) request any information and data from you in connection with your use of the Services and/or access of the Website where reasonably necessary.

3. USER SUBMISSIONS

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Website and/or provide to us, including but not limited to questions, reviews, comments, photographs, suggestions and other feedback (collectively, “Submissions”). When you post comments or reviews to the Website, you also grant us the right to use the name or username that you submit in connection with such review, comment or other content.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions that we consider inappropriate, misleading, offensive or otherwise inconsistent with these Terms of Use.

4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, in the Website, information and content on the Website and all website design, including but not limited to text, graphics, logos, product images, photographs, videos, illustrations, software, and their selection and arrangement, and all underlying source code and software (collectively referred to as “Intellectual Property”) shall remain the property of CAPBREW COFFEE or the relevant third-party intellectual property owners. The contents of the Website are protected by applicable Malaysian copyright and intellectual property laws. All rights are reserved.

4.2 No part or parts of the Website may be reproduced, reverse engineered, decompiled, disassembled, altered, distributed, republished, displayed, broadcasted, mirrored, framed, transferred or transmitted in any manner or by any means, or stored in any information retrieval system, without our prior written permission or that of the relevant Intellectual Property owner. No party accessing the Website shall claim any right, title or interest in our Intellectual Property.

5. OUR LIMITATION OF RESPONSIBILITY AND LIABILITY

5.1 The Website and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without warranties, claims or representations of any kind, except where expressly provided by us or required by applicable law.

5.2 We do not warrant that the Website and/or Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, or that any defects will be corrected.

5.3 CAPBREW COFFEE and its respective officers, employees, directors, agents, contractors and service providers shall not be liable to you for losses arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Website or the Services;

(b) reliance on information made available through the Website;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission or other technical issue; and

(d) any use of or access to any third-party website or webpage linked to the Website.

5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Website and/or Services is undertaken at your own risk to the fullest extent permitted by applicable law.

Nothing in these Terms shall exclude or limit any liability which cannot lawfully be excluded or limited under applicable Malaysian law.

6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content owned or operated by third parties. Such linked websites or content are not under our control and we are not responsible for their content, accuracy, availability or practices.

Any hyperlinks to third-party websites or content are not an endorsement or verification of such websites or content. Your access to or use of such linked websites or content is entirely at your own risk.

7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use and/or other Capbrew Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. You hereby agree to submit to the jurisdiction of the Courts of Malaysia in relation to any dispute arising from or relating to these Terms of Use and/or your use of the Website and Services.

8. TERMINATION

8.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other Capbrew Terms and Conditions where we reasonably believe that you have breached these Terms.

Upon termination, you shall immediately cease all access to and use of the Website and/or Services. Any termination of these Terms shall not affect any rights or obligations arising before the date of termination.

If you are dissatisfied with the Website, Services or these Terms of Use, your sole remedy is to discontinue using the Website and/or Services, subject to any rights you may have under applicable law.

9. TESTIMONIALS AND PRODUCT REVIEWS

9.1 The Website may contain testimonials, reviews and other feedback from customers who have purchased or used our products. These testimonials and reviews reflect the individual experiences and opinions of those customers and may not necessarily represent the experience of all customers.

9.2 Individual taste preferences and experiences with coffee may vary. Product flavour notes, aroma, acidity, bitterness and other characteristics described on the Website are intended as general tasting references and may be experienced differently by different customers.

9.3 The views and opinions contained in testimonials and reviews belong solely to the individual customer and do not necessarily reflect the views or opinions of CAPBREW COFFEE.

10. PRODUCT INFORMATION AND CONSUMER RESPONSIBILITY

10.1 Product information provided on the Website, including descriptions, ingredients, flavour notes, brewing recommendations and product images, is provided for general informational purposes. We make reasonable efforts to ensure that such information is accurate and up to date.

10.2 Coffee is a food and beverage product. Customers are responsible for reviewing the product packaging, ingredients and applicable product information before consumption, particularly if they have known allergies, sensitivities or dietary restrictions.

10.3 Our products are intended to be prepared and consumed according to the instructions provided on the product packaging or Website. CAPBREW COFFEE shall not be responsible for issues arising from improper storage, preparation, handling or consumption of our products.

11. INDEMNIFICATION

You agree to indemnify, defend and hold harmless CAPBREW COFFEE, its affiliates, partners, officers, directors, employees, agents, contractors and service providers from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Use, your violation of any applicable law or regulation, or your violation of the rights of any third party.

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