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Terms & Conditions
Welcome to BlackBixon2Go (“BB2GO”) Coffee. This section indicates the terms which apply when ordering any items from our website or mobile applications and related services. (each referred to as an ″Application″).
Our purpose is to produce, deliver and allow customers to order items (″Products″) and for delivery (″Service″).
BB2GO Coffee has a designated delivery area and specific operating hours. This delivery area and operating hours may change at any time due to factors such as weather, or demand on our service. This is to ensure that items reach customers door at their best. If customers try to order a delivery to a location outside the delivery area or during out of operating hours or the Application is otherwise unavailable for any reason, we will notify customers that ordering will not be possible.
TERMS AND CONDITIONS
Please read the terms and conditions (″Terms and Conditions″) set out below carefully before using blackbixon2go.com website (″Website″) and BB2GO mobile application (″App″) operated by Blackbixon2go Sdn Bhd (″us, ″we″ or ″our″). By accessing to, downloading, installing or use of, the Website or the App, and customers ordering via the Website or the App, customers agree to be bound by these Terms and Conditions.
Customers may order drinks or such other products available at the Website or the App, and we will make deliveries on the specified time and date. Orders must be received before the specified cut-off time for that given product which will be shown as customers proceed through the ordering process. Customers shall review their order carefully before placing it, we shall not be held responsible for any failure to do so or changes after the order is made to the time, delivery address or items.
We may however, in our sole discretion, choose to not process or to cancel customers’ orders in certain circumstances. This may occur, for example, when the drinks or products customers wish to order is no longer available, out of coverage for delivery, or in other unforeseen circumstances. We will not charge customers in these cases or refund the charges for orders that we do not process or cancel.
We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, reliability or suitability of the information and materials found or offered on the Website or the App, and the pictures shown are for illustration purpose only.
Customers acknowledge that such information and materials are provided on ″as is″ and ″if available″ basis, and may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. It is solely customers responsibility to evaluate the accuracy, completeness and usefulness of all information and materials found or offered on the Website or the App generally.
While we attempt to identify ingredients that may cause allergic reactions for those with food allergies, we however do not make representation on the same. If customers are concerned with food allergies, please be aware of the said risk and that we may prepare drinks and use ingredients that contain coffee bean, grains and berries.
We endeavour to ensure and maintain a high quality and hygiene of the drinks prepared for customers, if however, in the unlikely event that customers find the drinks delivered are not in good condition or contained items that do not belong therein, please do not consume the said drinks but to contact us for a refund. We reserve the right to issue such full and partial refunds and any additional compensation in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery. We may request a photograph or other documentation showing the problem if it is something that can be seen by inspecting the Items. Prior to processing customers refund or account credit, we may take into account relevant factors including the details of the order such as customers account history, what happened on delivery and other information.
Please refer to our delivery information page for the delivery area covered. Customers’ order will be delivered at the timeslot selected and we endeavour to meet the said delivery time slot however it may be occasionally delayed due to traffic flow, weather conditions, unforeseen incidences or force majeure event, and we shall not be held liable for failure to deliver.
If it is in our view that the delivery of customers order is likely to be substantially delayed, we will contact customers to arrange an alternative delivery timeframe. If that timeframe is unacceptable to customers, customers may decline to accept the order and we will refund customers the cost of such order or credit the cost of such order to customers account balance which can be applied to customers next order, at customers’ option. The processing of the refund may take up to twenty (20) working days.
Customers are responsible to be available at the time of delivery and ensure adequate arrangement is made. All risk in the products shall pass to customers upon delivery. In any event where we are unable to reach customers, we will attempt to contact customers at the phone number given and the rider is unable to find a safe location to leave the drink and if customers are still unreachable, the order shall be deemed delivered and customers will be liable for its payment in full as if customers had received the order.
We shall not be held responsible for customers’ failure to provide adequate access, information or arrangements for delivery. If we cannot change the delivery address, customers have the option to cancel the order, but if food preparation has started customers will be charged the full price for the Item, and if the rider has been despatched customers will also be charged for delivery.
To ensure the highest quality of the drinks served, it is highly recommended that all drinks should be consumed immediately after delivery.
4.Price and Payment
All prices are in Malaysian Ringgit (MYR) unless otherwise stated. The prices are correct as shown on the Website and the App, and are inclusive of applicable tax and delivery charges unless the delivery address is not within the delivery area or minimum order/basket size requirement shall apply. We reserve the right to review the prices from time to time. Payment can be made online (via FPX bank transfer, CIMB Clicks, Maybank2U, RHB, Boost, Touch n’ go, Grabpay, debit or credit card payment).
We may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while customers are browsing. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. Customers will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within their basket, provided customers complete the order within 30 minutes of creating the basket. Payment may also be made by using vouchers or account credit. Use of these is subject to BB2GO Coffee’s Voucher and Account Credit Terms.
Orders are considered final as soon as they are placed and modification/cancellation is generally not permitted. That said, we do make exceptions on a case-by-case basis and please inform us at least 30 minutes in advance. In the event of cancellation, we may credit the cost of such order to their account balance which can be applied to their next order. We are not liable or responsible for the time of an outside delays in outside payment gateway to charge or refund customers or if their bank account/credit card has been used in a fraudulent manner.
Customers may cancel an order without charge at any time before we have confirmed their order (a “Confirmed Order”) or received a confirmation email. If customers wish to cancel an order before it becomes a Confirmed Order, please contact us immediately, via our Application or website. If we have not confirmed the order, we will refund customers’ payment (excluding any discount, or Voucher that was applied to the order. If customers cancel any order after it becomes a Confirmed Order, customers will be charged the full price for the Items, and if the rider has been despatched customers will also be charged for delivery.
We may notify customers that an order has been cancelled or if an item because unavailable at any time. Customers will not be charged for any orders cancelled by us, and we will reimburse customers for any payment already made using the same method customers used to pay for the order. We may also apply credit to customers account to reflect the inconvenience caused.
6. Accounts and Registration
When ordering through the Website or the App, customers are required to provide certain information or to register for an account, and information required including name, email address, credit card number, phone number and delivery address. Customers warrant that they have the legal capacity to use and to order through the Website or the App. Customers agree that the information provided to us are accurate and that customers will keep it accurate and up-to-date. Customers are solely responsible for maintaining the confidentiality of their account and password. Customers agree to accept responsibility for all activities that occur under their account.
Customers may close their account at any time by requesting to do so in the account section of our website or contacting us using the contact details above. If customers have reason to believe that their account is no longer secure, then customers must immediately notify us at firstname.lastname@example.org. We reserve the right to terminate or suspend customers account at any time if we believe there is unusual activity on it.
We shall take all commercially reasonable measures in securing customers’ orders and personal details, and will ensure that said details are retained only as long as necessary for the transaction and for the provision of the products and services to customers. However, in the absence of fault on our part, we shall not be held liable for any loss that customers may suffer in the event unauthorized access by third party to any data provided when accessing or ordering from the Website or the App unless we have been proved to be negligent in securing the information provided.
7. Use of Information
Customers authorize us to use, store or otherwise process personal information in order to provide the delivery of the order and for marketing and credit control purposes (″Purpose″), including but not limited to calling the provided number for promotional purposes. The Purpose may include the disclosure of personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to customers or where this is required by law or in order to provide the delivery of the order.
By using or ordering via the Website or the App, customers acknowledge and agree that the use of the Website or the App is at their own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use the Website or the App, or any application or material on any site linked to this Website or the App (including but not limited to any viruses, bugs or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of the Website or the App by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.
We disclaim any and all liability to customers for the supply of the delivery and products to the fullest extent permissible under applicable laws unless the loss or damage is due to our wilful misconduct, or gross negligence. This however shall not affect customers statutory rights as a consumer under applicable laws. In the event that we are found liable for any loss or damage, such liability is limited to the amount that customers have paid for the relevant products. We shall not be liable for any consequential, indirect or special damage, howsoever arising.
In the event of reasonable belief that there exists an abuse of promotional event and/or suspects instances of fraud, we may cause the suspected user to be blocked immediately and reserves the right to refuse future services. Additionally, should there exist an abuse of vouchers or discount codes, we reserve the right to seek compensation or damages from any and all violators. Any promotions or offers are subject to our sole discretion and may be withdrawn at any time and without prior notice.
The Website or the App may include content, information or links to third parties or third-party sites. We shall not be held responsible for the content of any such sites or neither for the content of any third-party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at customers own risk and we make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Website or the App. Customers agree to hold harmless and relieve us from any liability whatsoever arising from their use of information from a third party or their use of any third-party website.
Customer agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of the Website or the App, or as a result of violation of this Terms and Conditions by customers or through use of their account.
9. Intellectual Property Rights
All intellectual property rights in connection with the Website and the App (including but not limited to, the recipe, design, layout, look, text, appearance and graphics) are owned by us and must not be reproduced without our prior written consent. Customers may for their own personal use, to print and download the materials or bookmark or share links directing others to the content on the Website and the App, provided that customers do not modify, reproduce or republish any content either online or offline, without our consent.
Customers are not allowed to use or launch any automated system or program in connection with our Website or the App or its online ordering functionality. Customers may not collect or harvest any personally identifiable information from the Website or the App, use communication systems provided by the Website or the App for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website or the App with respect to their submission to the Website or the App, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website or the App.
11. Entire Agreement
12. Variation of Terms and Conditions
We reserve the right at our sole discretion to vary, modify and make changes to these Terms and Conditions from time to time, and any such variations shall become effective once posted on the Website and the App. Customers agree that the continued use of the Website or the App indicates their acceptance of the modified Terms and Conditions.
If any provision of these Terms and Conditions shall be deemed invalid, illegal or unenforceable, such provision shall be deemed deleted without affecting or impairing the remainder of the Terms and Conditions which shall continue to be in force.
We may subcontract any part or parts of the services or products that we provide to customers from time to time and we may assign or change any part or parts of our rights under these Terms and Conditions without customers consent or any requirement to notify customers. Customers may not assign, sub-license or otherwise transfer any of customers rights under these Terms and Conditions.
15. Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
16. No Waiver
No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
17. Data privacy
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