Terms & Conditions 

 

Introduction

Welcome to the www.youcoffee.my website (the “Site”). These terms and conditions (“Terms and Conditions”) apply to the Site, MODU Solutions Sdn Bhd, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. The purpose of this Terms & Conditions (this “Agreement”) is to set out rights and obligations and other necessary matters between persons trading products or services with each other, rights and obligations and other responsible matters between the Members and the Company, the procedures for the use of the service by the Members, etc., in connection with the use of the e-commerce related services (the “Services”).

By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

User Submission

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name 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.

Definitions

  • User: Entity that has authority to use an application, equipment, facility, process, or system, or one who consumes or employs a good or service to obtain a benefit or to solve a problem, and who may or may not be the actual purchaser of the item.
  • Member: Any individual or business who has registered himself/herself/itself as member according to registration process established by the Company and who is provided the information on the Company on a consistent basis and is able to use the Services provided by the Company.
  • Buyer: Party which acquires, or agrees to acquire, ownership (in case of goods), or benefit or usage (in case of services), in exchange for money or other consideration under a contract of sale. Also called purchaser.
  • Identification Number (ID): Unique numerical digit assigned to an individual or account to differentiate it from the others.
  • Password: Sequence of characters (letters, numbers, symbols) used as a secret key for accessing a computer system or network. Passwords are used also for authentication, validation, and verification in electronic commerce.
  • Credit: Electronic prepayment means issued and managed by the Company that are used by the Member in return for the Products purchased by such Member. The Credit can be purchased by the Members for a fee or provided by the Company for free.
  • Cash: given by a consumer to a provider of goods or services as compensation for receiving those products. In most domestic business transactions, a cash payment will typically be made in the currency of the country where the transaction takes place, either in paper currency, in coins or in an appropriate combination.
  • YouCoffee: MODU Solutions Sdn Bhd, a company incorporated in Malaysia and having its registered address at 10, Jalan Astana 1, Bandar Bukit Raja, 41050 Klang, Selangor, Malaysia.
  • Terms and conditions: General and special arrangements, provisions, requirements, rules, specifications, and standards that form an integral part of an agreement or contract.
  • Goods: A commodity, or a physical, tangible item that satisfies some human want or need, or something that people find useful or desirable and make an effort to acquire it.

Basics of Contact

  • The supply of Goods by YouCoffee to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
  • Any information made available in YouCoffee’s website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
  • Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by YouCoffee in its website shall be subject to correction without any liability on the part of YouCoffee.
  • YouCoffee may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.

Order Limitations

  • Company reserves the right to reject any product(s) order you place with us, and/or or to quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
  • In the event Company makes a change to an order, Company will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.
  • Company reserves the right to limit or prohibit sales to dealers or re-sellers.

Price

The price of the Goods and/or Services shall be the price stated in YouCoffee’s website at the time which the Buyer makes its offer purchase to YouCoffee. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to YouCoffee in addition to the price. GST will be implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of Items and services provided by MODU Solution Sdn Bhd, being GST registered company, will include GST where applicable. Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department.

 Trade Marks and Copyrights

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

 Payments

The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in YouCoffee’s website. The terms and conditions applicable to each type of payment, as contained in YouCoffee’s website, shall be applicable to the Contract.

  • Credit Card

Credit Card payment option is available for all Buyers. YouCoffee accepts all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry- leading encryption standards.

Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.

  • Debit Cards

YouCoffee accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability.

  • Online Banking

By choosing this payment method, the Buyer shall transfer the payment for the Goods to a YouCoffee’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia.

For the time being, YouCoffee accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.

Delivery

  • Delivery of the Goods shall be made to the address specified by the Buyer in its order.
  • Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and YouCoffee shall not be liable for any delay in delivery or performance howsoever caused.
  • If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of YouCoffee’s fault) then without prejudice to any other right or remedy available to YouCoffee.

Warranty

  • No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known.
  • Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
  • YouCoffee binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of YouCoffee’s opinion in that behalf. YouCoffee does not give any warranty as to the quality state condition or fitness of the Goods.
  • YouCoffee shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of YouCoffee, addition and insertion of parts, in particular of spare parts which do not come from YouCoffee.
  • YouCoffee shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow YouCoffee’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without YouCoffee’s approval.
  • YouCoffee is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without YouCoffee’s prior written approval and the Buyer shall indemnify YouCoffee against each loss liability and cost arising out of such claims.

Privacy

  • Company does not sell or rent member personal information to third parties for their marketing purposes without member’s explicit consent. Company uses the information only as described in our Privacy Policy.
  • Company views protection of member’s privacy as a very important community principle. Company stores and processes the information on computers that are protected by physical as well as technological security devices.
  • Member can access and modify the information provided and choose not to receive certain communications by signing-in to your account. Company uses third parties to verify and certify our privacy principles. For a complete description of how the Company uses and protects your personal information, see our Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
  • For the avoidance of doubt, If Company has reasonable grounds to believe that any User is in breach of any of the terms of this Agreement, Company reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing.
  • Further, Company may disclose the User’s identify and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Company is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Company shall not be liable for damages or results arising from such disclosure, and the member(s) agrees not to bring action or claim against Company for such disclosure.

Termination

  • On or at any time after the occurrence of any of the events in conditions below, YouCoffee may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
  • The events are:-
    • Buyer being in breach of an obligation under the Contract;
    • Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
    • making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrance taking possession of or selling any of the Buyer’s assets;
    • Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.