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Mobile App Terms of Use

  • Mobile Application Overview

    • The MyCBTL Mobile Application (“Application”) is a mobile application owned by The Coffee Bean & Tea Leaf (M) Sdn. Bhd. and/or its affiliates (“The Coffee Bean & Tea Leaf”, “Company”, “we” or “our”).
    • The Application shall be governed by these Terms of Use (“Terms of Use”). By downloading, installing or accessing the Application, you agree to be bound by these Terms of Use and all terms incorporated herein by reference, including any amendments to these Terms of Use that The Coffee Bean & Tea Leaf may make in its sole discretion from time to time without prior notice to you.
    • By downloading, installing or accessing the Application, you (the “User”) acknowledge that you have read and understood and agree to be bound by these Terms of Use (as amended from time to time) and these Terms of Use shall constitute an agreement between you and The Coffee Bean & Tea Leaf.
    • By downloading, installing or accessing the Application, you agree that it is your responsibility as a User to keep yourself updated with the Terms of Use (as amended). Any continued use of the Application as a User after any amendments to the Terms of Use shall constitute consent, acceptance and affirmative agreement by the User to the Terms of Use as they exist from time to time, including, without limitation, the amended Terms of Use. The Coffee Bean & Tea Leaf shall not be held liable for any loss, damage or expense accrued (regardless of whether The Coffee Bean & Tea Leaf receives prior notice or advice of the possibility of damage) as a result from any amendments to these Terms of Use.
    • These Terms of Use supplement and incorporate other Company policies, including the Privacy Notice and the MyCBTL Rewards Program Terms of Use. In the event of any conflict, these Terms of Use will govern, so long as they apply to the Application.
    • If you do not agree to any or all of these Terms of Use, do not use and uninstall this Application immediately.

  • Eligibility & Registration

    • This Application may only be used by individuals aged eighteen (18) years or older. By downloading and using this Application, you represent that you are at least eighteen (18)years old. This Application is intended for use by residents of Malaysia only.
    • In order to use certain functions of this Application, you will need to register for a MyCBTL account (“Account”). To create an Account, you must (1) provide a first and last name, (2) provide your date of birth, (3) provide an active and valid email address and (4) provide a password. Providing your mobile number is optional. An email with a verification link will be sent to the email address registered with your Account to verify your email address. Upon successful verification, your Account will be created.
    • Upon successful registration of your Account, you are automatically enrolled into the MyCBTL Rewards Program (“Rewards Program”). For more details about the Rewards Program, refer to the MyCBTL Rewards Program Terms of Use.
    • You may not use anyone else's Account or login information. The Coffee Bean & Tea Leaf shall not be liable for any loss or damage arising from your failure to comply with these obligations.
    • By registering an Account, you are deemed to consent to The Coffee Bean & Tea Leaf’s collection, use or disclosure of your personal data provided as is reasonably necessary (in accordance with the law, the Company’s Privacy Notice or otherwise).

  • Apple Terms and Conditions, Google Play Terms of Service, The Coffee Bean & Tea Leaf Policies

    • These Terms of Use supplement and incorporate (a) in case the Application is distributed through Apple Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at [https://www.apple.com/legal/internet-services/itunes/my/terms.html] including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) in case the Application is distributed through Google LLC’s (“Google”) system, Google Play Terms of Service (located at [http://play.google.com/about/play-terms.html] (“Google Terms”); and (c) other The Coffee Bean & Tea Leaf policies (“CBTL Policies”), including the Website Terms of Use, the MyCBTL Rewards Program Terms of Use, the The Coffee Bean & Tea Leaf Privacy Notice, and any other applicable policies which The Coffee Bean & Tea Leaf may issue from time to time, posted at https://www.coffeebean.com.my/ (“CBTL Website”). If any of the provisions of the Apple Terms, Google Terms or any applicable CBTL Policies conflict with these Terms of Use, these Terms of Use will prevail, solely to the extent such terms apply to the Application.

  • User License

    • Subject to your compliance with these Terms of Use, The Coffee Bean & Tea Leaf grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to access, use, display, and download this Application for non-commercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, reverse engineer, decompile, disassemble, transmit, mirror, frame, hyperlink, create derivative works from, sell, rent or exploit, in whole or in part, this Application or its Content (as defined below) or otherwise use the Application for any purpose other than for the purpose for which it is provided or made available for you under these Terms of Use.

  • Content & Use

    • This Application and all text, images, HTML, data, hyperlinks, video, and/or information, and other materials featured, displayed, contained, and available in and on this Application, including the Rewards Program (collectively, the "Content"), are owned by or licensed to The Coffee Bean & Tea Leaf and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. The Application and the Content may have security components that protect digital information only as authorized by The Coffee Bean & Tea Leaf or the owner of the Content.
    • The Coffee Bean & Tea Leaf®, The Coffee Bean & Tea Leaf® logo,MyCBTL™, MyCBTL™ logo and other trademarks, service marks, product names, designs, titles, words or phrases, graphics and logos used in connection with the Application are intellectual property rights belonging to The Coffee Bean & Tea Leaf, our licensors and/or affiliates (collectively "Company Marks"). The Company Marks may not be copied, imitated or used, in whole or in part, without the Company's prior written consent.

  • Order & Pay (“Mobile Order”)

    • You may elect to utilize the Mobile Order function of the Application which will allow you to order and pay for certain The Coffee Bean & Tea Leaf foods, beverages and/or merchandise (“Goods”) from participating The Coffee Bean & Tea Leaf cafés, which will then be prepared for in- café pick-up.
    • The Mobile Order function can be used to order Goods from all participating "The Coffee Bean & Tea Leaf" cafés in Peninsular Malaysia, excluding Kuala Lumpur, Putrajaya & Selangor (see list of participating cafés here).
    • The Coffee Bean & Tea Leafreserves the right at any time to discontinue the Mobile Order function of the Application and/or change the list of participating The Coffee Bean & Tea Leaf cafés that accept orders through the Mobile Order function.
    • Once an order for Goods has been placed by you through the Mobile Order function of the Application, it cannot be cancelled or modified.
    • A User must collect the Goods ordered using the Mobile Order function within one (1) hour from the time order has been notified as ready for pick up (“Collection Timeframe”). This Collection Timeframe is established to ensure food safety, quality, and freshness of Goods. We recommend that the User collect the Goods promptly as soon as the Goods are released.
    • Any Goodswhich are not collected during the Collection Timeframe will be disposed after the Collection Timeframe, as we cannot guarantee the food quality and freshness of the Goods they cannot be safely held beyond this period. No refund will be given for Goods that are not collected in accordance with this timeframe.
    • Notwithstanding Clause 6.6 above, The Coffee Bean & Tea Leaf reserves the right not to accept or to cancel a Mobile Order at any time. For any Mobile Orders that are not accepted or cancelled by The Coffee Bean & Tea Leaf, the amount paid by you will be refunded in full via the original payment method you used within fourteen (14) business days.
    • Prices shown in the Application are in Malaysia Ringgit (RM) and are inclusive of Sales and Service Tax. Prices are subject to change effective immediately upon posting of such price changes to the Application or other form of notification.
    • The price of Goodswill be as stipulated on the Application, except in the case of an obvious error. If we discover an error in the price of any of the Goodsthat you have ordered, your order may be cancelled and the amount paid by you will be refunded in full via the original payment method you used.

  • Communication

    • When you sign up for anAccount using the Application, you will be given the opportunity to opt-in to receive promotional communications from The Coffee Bean & Tea Leaf. Thereafter, you may opt-in or opt-out of receiving communications at any time.
    • You may opt-out of receiving e-mail communications from The Coffee Bean & Tea Leaf by clicking the "unsubscribe" link at the bottom of any electronic communication or by adjusting your communication preferences in the Application. In the Application, you can change your email communication preferences on the “Communications” page that you can access under the “Accounts” page.
    • You may opt into, or out ofreceiving push notifications and SMS from the Application on your mobile device. In the Application, you can change the push notification and SMS communication preferences on the “Communications” page that you can access under the “Accounts” page.

  • Other legal clauses

    • Limitation of Liability
      • (a)You assume all risks and liabilities for loss or damage arising from your use of the Application.
      • (b)In no event shall The Coffee Bean & Tea Leaf 's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to The Coffee Bean & Tea Leaf, if any, for using the Application.
    • Indemnity
      Each User shall indemnify and hold The Coffee Bean & Tea Leaf and their respective directors, officers, employees, agents and contractors harmless from and against any and all claims, proceedings, loss, damage, costs and expenses (including legal costs on a full indemnity basis) incurred, suffered or sustained by The Coffee Bean & Tea Leaf and their respective directors, officers, employees, agents and contractors directly or indirectly arising from or relating to the User’s use of the Application.
    • Assignment
      • (a)No User may transfer or assign his or her Account or rights under the Account, unless with the permission of The Coffee Bean & Tea Leaf.
      • (b)The Coffee Bean & Tea Leaf may at any time assign to any party all or any part of its rights and/or obligations under these Terms of Use relating to any Account and/or the Application without the prior consent of any User.

    • Third Party Rights Save as expressly stated otherwise, no third party shall have any right to enforce any provision of these Terms of Use.

    • Waiver Any provision under these Terms of Use may be waived if, and only if, such waiver is in writing and signed by the party waiving the breach. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

    • Severability The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity, legality, or enforceability of the remainder of these Terms of Use in any way. In the event any of the provisions of these Terms of Use is held by a court or tribunal of competent jurisdiction to be unreasonable restraint of trade, void for public policy reasons or otherwise unenforceable, such provision shall be deemed to be severed from these Terms of Use and the remaining provisions of these Terms of Use shall remain in full force and effect and shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. It is intended that all rights and obligations of the parties hereunder shall be enforceable to the fullest extent permitted by law.

    • Notices All notices, requests, demands or other communications which are required to be given pursuant to the terms of these Terms of Use shall be in writing and delivered to the last known address of the parties appearing in The Coffee Bean & Tea Leaf’s records, by hand or by courier or e-mail and shall be deemed to have been duly given: (i) on the date of delivery if delivered by hand; (ii) upon the date of the courier’s/ postal departments verification of delivery at the specified address if sent by an internationally-recognized express courier or registered post, or (iii) at the time of sending if sent by e-mail to the designated e-mail address of the other party without receipt of a transmission failure notice.

    • Entire Agreement These Terms of Use constitute the entire agreement between the parties hereto with respect to its subject matter and supersedes all other oral or written representations, understandings or agreements relating to the subject matter hereof. Each of the parties acknowledges and agrees that in entering into these Terms of Use, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether a party to these Terms of Use or not) other than as are expressly set out in these Terms of Use.