This website is owned and operated by Luxicon Coffee Sdn. Bhd. (“we,” “us,” “our,” and “Luxicon”). Please read these terms and conditions carefully before using this website. By accessing and using this website, you represent that you have the right and capacity to use this website and agree to be bound by the following terms and conditions (“Terms”). These Terms constitute a legally binding agreement between you and Luxicon. If you do not understand or agree to any of the Terms, please discontinue your use of this website immediately. In the event of a conflict between these terms and conditions and the terms and conditions governing relevant transactions, products, promotions, and services provided herein, the latter will prevail.
We provide this website to allow you to order a variety of products, including freshly brewed coffee, tea, food, and desserts available at our stores or kiosks (each, a “Location,” and collectively, “Locations”) for pick-up (depending on Location) or to avail yourself of promotions and services (“Products”).
Age of Majority
By accessing and using our website, you represent, warrant, and undertake that you are 18 years of age or older. If you are under the age of 18, you shall not proceed to access or use our website without the consent and supervision of your legal guardian. We assume that all users of our website 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 canceling your membership registration or refusing your access to our website.
Account, Membership, and Password
Before using our website, you are required to register an account with us to become a member of the Luxicon 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 fees upon your registration. The registration process starts with 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.
By creating your Account, you represent, warrant, agree, and undertake that:
- You have the full legal capacity to register and use an Account through our website, and you can bind yourself in an agreement and bear any legal consequences.
- Your personal details are true, accurate, and up-to-date.
- You are personally responsible for maintaining the confidentiality of your Account and all activities that occur within your Account.
- You will not post any comments, information, links, content that we view as unlawful, vulgar, culturally/racially/politically sensitive, or otherwise inappropriate, and you will not use our website for any unlawful and fraudulent purpose.
- You will not abuse your use of our website and will collect or receive any orders for the Products promptly and reliably.
- You will not manufacture and/or use other devices, software, features, and tools that are intended to manipulate the system of our website.
- You will not post anything that constitutes cyberbullying or cyberstalking.
- You will not harvest or collect personal details or information of others without their consent.
- You will not defraud the Company through any means.
- You will not participate in any activities or posting that will affect the enjoyment and use of others on our website.
- You will not use our website for any purpose other than what is intended or stated on our website.
You consent to provide proof of identity to us when requested, and you are solely responsible for updating all your information provided to us for us to rely on. You agree that your use of our website is for your personal and non-commercial use only, and you shall not authorize any third party to use the website 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 website 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 website. The Promo Code shall only apply to new registrants whose mobile phone numbers are not previously registered with our website. We reserve the right to cancel the transaction/use of the Promo Code via your Account should it be found fraudulent, misused, or abused, 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 website shall be as stated and quoted in Ringgit Malaysia. These prices are subject to change at any time and from time to time at our sole discretion. The descriptions and photos of the Products on our website are for illustration purposes only, and the appearance of the actual Products may vary. The various payment methods on our website shall be as follows:
- Credits in e-wallet (“Coffee Wallet”) from your Account.
- Credit card and/or debit card (you will be 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 methods we offer from time to time.
After an order is successfully placed, you will receive a confirmation notice on our website. 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 at 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 of your order – we may refund you or replace the Products at our sole discretion.
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 a situation to arrange an alternative date and/or time for the collection of your order, and if you reject such an 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.
From time to time, we would like to express our gratitude for your support by providing promotion codes, discount codes, or vouchers (“Voucher”) on our Website, which enable you to purchase our products at a better deal.
Changes in the price of our products or service fees shall comply with the terms and conditions stated in the operation of the Voucher. We reserve the right to change the terms and conditions to which the Voucher is subject.
The Voucher is not exchangeable for cash and shall only be used on our Website unless stated otherwise.
Intellectual Property Right
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 Website. Therefore, no rights or license are granted to you to use them.
All the Information contained on our Website 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 Website and in respect of 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.
- 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 unauthorized use of the Information.
- You shall defend and prevent us from any harm caused by your unauthorized use of the Information.
- You agree that your unauthorized use of the Information may result in our irredeemable losses and in the event of your unauthorized 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 Website 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 publicizing of our services and products.
- We may, for example, use and publish the Contents on our Website or third-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 are 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 Website.
Our Website may display some content that is not ours. These contents and representations expressed on the Website (if any) are of the sole responsibility of the entity that makes it available and do not reflect our opinion. All contents cannot be assumed to have been reviewed by us.
We may (but are not obligated to) review 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 Website may contain errors or incorrect information. We only provide the service and content on our Website on an “as is” and “as available” basis. We do not warrant and undertake impliedly or expressly correctness, accuracy, precision of our Website, and we do not provide a guarantee, commitment, warranty, and undertaking on the reliability, availability, or ability of any content or service on our Website to meet your need.
We do not give any of the following guarantees, commitments, warranties, and undertakings on your access and use of our Website:
- That the server of our Website is well maintained and error-free.
- Our Website is free from digital viruses or any harmful functions at any time or in the future.
- There will be no defects on your access and use of our Website.
- The operation of our Website shall be timely, secure, and uninterrupted.
- We shall not be liable for any damage or loss caused, or alleged to be caused or in connection to your reliance on the content of our Website.
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 Website (or any third-party link to or from the Website), reliance on the information contained on the Website, 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 Website to your device.
You consent to provide us with 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 Website 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 reserve our right to assign any of our rights and obligations to a third party without your consent from time to time for any reason.
You shall not, without the prior written consent of us, assign any of your rights and obligations to a third party.
Relationship of parties
There will be no partnership, joint venture, employment or agency relationship that exists between Luxicon Coffee, you, or any third-party provider as a result of this Terms and use of the Website.
If there is a delay in exercising our right or remedy under the Terms, it shall not be deemed as a 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 Website. Such unilateral changes, variations, amendments, modifications, alterations, and adjustments shall be effective upon publication on our Website. Kindly check the updates of the Terms upon every access and use of our Website.
In connection with your use of the Website, 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 in the Terms are merely for your convenience on reference. They shall in no way limit the generality and definition of the Terms.