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Terms of Use

IMPORTANT:

Please read these terms carefully. By using the Service (as defined hereunder), you represent that you have read, understood, accepted and agreed with the Terms. You also agree to the representations made by yourself below. If you do not agree to the Terms and wish to discontinue using the Service, then please do not continue using or accessing the Application (as defined herein) or the Service.

Our Application (as defined hereunder) is established to enable you to chose and purchase the food and beverage products and merchandise (“Product” or “Products”) that we offer for sale online via the Application.

This website dunkindonuts.com.my ("the Website") is owned and operated by GOLDEN DONUTS SDN. BHD 198601006059 (155220-W) a company registered in Malaysia under the Companies Act 2016 and trading as “DUNKIN DONUTS” ("us", "our", "we" or “the Company”).

Our contact is as follows:-
Lot 4, Lorong Enggang 37,
Ulu Kelang Industrial Area,
54200 Selangor
Email: orderonline@dunkindonuts.com.my
Customer Care: <marketing@dunkindonuts.com.my>
Phone at +603-4256 0688 / +6018-901 0688

The following constitutes a legal agreement between a visitor ("you") and us with respect to the use of our Website and the conditions on which Dunkin Donuts has agreed to supply the Products to you (“Terms” or “Agreement”).

Concerning Purchase of Products:
1. You may place an order for the Products from us by using our online order form (“Order”).
2. The Order constitutes an offer to us to buy the Product.
3. Full payment for both the Product and delivery fee(s) is required at the point of the transaction.
4. Once the payment is received and the Order is accepted, you will receive an Order Confirmation notification and an email from us.
5. No Order submitted by you shall be binding on us unless and until we have sent you a notification on this Application and an email confirmation accepting the same (“Confirmation”).
6. You shall be responsible for ensuring the accuracy of the terms of any Order and for checking that the Confirmation is correct. This includes the items ordered, the date, address for delivery/store for collection, your or the recipient’s phone number, time of delivery and any specific delivery information. If you do not receive a Confirmation, please first check your junk folder as it might be redirected there by your security software. If not there, please contact us directly to enquire. If you notice an error in the Confirmation, you must notify us immediately for same-day orders or prior to the order cut-off times for advance orders. We cannot guarantee any amendment for same-day orders and that no amendment is legally binding until confirmed in writing by us. We will not accept responsibility for any errors made during the ordering process and for the impact that this may have on your order.
7. Once a Confirmation is sent, you may not cancel your Order except with our prior written consent which will be subject to cancellation costs incurred in processing your Order. Any Order you placed with us is subject to availability of the Product and delivery services. Pick-up and delivery service is available for selected areas within the Kuala Lumpur city centre and the Klang Valley.
8. If your location is not within our delivery coverage area, please email us at Customer Care. We will try our best to propose an alternative arrangement.
9. We are able to customize the Products for parties and events. Please email the Company at Customer Care (“Customer Care”) above for more information.
10. Please be aware that the Customer Care department is open from 9 am – 5 pm on Monday to Friday (excluding public holidays).

Order Lead Time:
11. For each normal order less than RM300.00, if your delivery day is any day from Tuesday to Saturday, you are required to place such order 2 days in advance by 2 pm.
12. For delivery on a Monday, you are required to place such order 3 days in advance by 2 pm. For large order of RM300.00 and above, you are required to order 3 days in advance by 2 pm.
13. Online ordering and production slots book up fast in advance and the delivery times based on the above Order cut-off time cannot be guaranteed to be always available if other customers have booked their order in advance for the day you require or during peak or festive periods. To avoid disappointment booking as far in advance as possible is advised as our Products require time to prepare. We reserve the right to amend or vary the Order cut-off time at any time and from time to time.

Payment:
14. We accept payment only via direct online transfer. As all payments will be subject to relevant validation checks and authorisation by the bank or FPX associate, if payment authorisation is refused or rejected for whatever reasons, we will not be liable for any delay or non-delivery of the Order.

Pricing:
15. The price for the Products shall be the price agreed when the Products are ordered and as set out in the Confirmation. Prices include service tax. The Company is registered under the Service Tax Act 2018 (SST No. W10-1808-31035497) and all prices are subject to 6% Service Tax. A delivery fee shall be charged depending on the location and distance for each Order to any location within the Kuala Lumpur city centre and the Klang Valley.
16. Prices are quoted in Ringgit Malaysia and are liable to change at any time, but price changes will not affect your Orders after the Confirmation is received.
17. The prices for the Products to be paid by you will be as listed on our Website, except in cases of obvious error. It is possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of the Confirmation procedure, so that where a Product's actual price is less than our Website listed price, we will charge the lower amount when invoicing you. If a Product's actual price is higher than the Website’s listed price, or we are no longer able to supply a particular Product for some reason, we will contact you by email to advise you and/or to obtain your confirmation that the actual price is acceptable. In such instances, there is no obligation on our part to honour the incorrect price if the error in pricing could have reasonably been recognised as incorrect.

Order Amendments/Cancellation:
18. No cancellation of any Order is allowed upon payment made.
19. In case any Product ordered is not available or if there is no delivery capacity, we will inform you in advance and propose other options. You can choose to cancel the order and you will be refunded in full.

Products:
20. All images of the Product listed on our Website are for illustrative purposes only. We will use reasonable endeavours to ensure that the size and description of the Products delivered conform to those ordered by you, as set out in the Confirmation, although minor variations in the Product or packaging may occur including but not limited to slight variations in appearance in size, shape or colour from those shown on the Website or in any publicity material. However, if you happen to find that the Product received isn’t what you ordered, or the Product, or portion of the Product, is in a damaged condition when you receive it, or if the Order is incomplete, please contact us immediately.
21. Taste being subjective and personal, we cannot accept the return of any Products where the taste is not to your preference. If any of our Products and/or flavours are promotional or festive or seasonal the availability may be limited and always subject to change and in any instance where a Product/flavour is no longer available, we will contact you to advise and offer an alternative. We will not accept any requests for return, refund or exchange where you (a) changed your mind; (b) purchased the wrong Product; or (c) purchased the wrong flavour, size, type or quantity. All Products sold to customers are
intended for their own consumption only and not for resale.

Quality:
22. For any dietary or allergen information or when you should verify the ingredients in the Product before consumption or otherwise require further information, please contact us directly. Some of our Products will contain nuts under the specific doughnut(s) offered on the menu webpage. As the Products are prepared in a kitchen where nuts are present, no guarantee can be given that nuts will not be found in any of the Products. Therefore, we cannot accept any liability for any injury or damage to your health or any distress experienced by the consumption of such Products.
23. We offer a number of pre-prepared drinks and these differ by outlet. While we cannot take any responsibility or liability for these Products, please contact us directly with any feedback and reasonable efforts will be made to ensure that this is passed to the appropriate contact.

Delivery:
24. The Products ordered by you can only either be delivered to the delivery address provided by you and confirmed by us or collected by you from one of the outlets notified in the Confirmation.
25. An estimated delivery/collection time slot will be assigned when making an order and unless otherwise requested by you and confirmed by us, the Product will be delivered/available for collection during that time period.
26. Please note that it might not be possible to deliver to some locations. If this is the case, we will contact you in advance to make alternative arrangement.
27. If the Products are not delivered within the estimated delivery time, you may contact Customer Care by phone or email. We will use our reasonable endeavour to ensure you receive your order as quickly as possible.
28. In the case of self collection, if for any reason, you find that you are unable to collect your order from the outlet requested during the order process on the day of collection, please contact us, to advise. The products will be held at the requested outlet for the length of their opening hours, alternatively, upon payment of the necessary delivery charge, we might, but without any assurance, be able to arrange delivery within a realistic time slot and delivery zone (subject to availability of delivery). In every case, if for any reason, no one is present to receive delivery of the Products at the delivery address, we
will take the Products back and notify you of the missed delivery. For any orders that are not collected by you or where delivery is not possible for reasons outside of our reasonable control or of the service provider’s, delivery must be rearranged for the same day and we shall not be responsible for arranging delivery/collection for a future date. Rearranged deliveries will incur a further delivery charge that will be payable by you.
29. We will make every effort to fulfil your order correctly. In the event that this does not occur, we shall not be liable for consequential costs incurred due to errors made with Products supplied or delivered.
30. Reasonable steps will be taken to meet the delivery date and time set out on the Confirmation. However, occasionally and given that third party logistic and delivery partners are used, delivery is beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date and/or time with you.
31. If you fail to accept delivery of the Products at the time they are delivered for whatever reasons, then such Products shall be deemed to have been delivered to you and all risk and responsibility in relation to such Products shall pass to you.

Warranty:
32. We will take reasonable steps to pack the Products and to ensure that the Products will be in good condition when they are collected from our outlet whether for collection by you or for delivery purposes by the appointed courier or delivery service provider.
33. When the Products are collected from our appointed outlet they will (a) conform in all material aspects with their description; (b) be of satisfactory quality; (c) be fit for human consumption and (d) comply with applicable statutory and regulatory requirements for selling the Products in Malaysia PROVIDED ALWAYS that the aforesaid shall not apply (a) to any defect in the Products arising from wilful damage, accident or negligence by you or any third party; (b) if you store or use the Products in a way that we do not recommend; or (c) if you fail to follow the instructions in relation to the Products. In the unlikely event that the Products do not conform with the above warranty we will provide you with a refund (using your original payment method) or exchange voucher or replacement Products.

Risk and Property:
34. The Products shall be your responsibility from the time of delivery (i.e. when they are collected from our outlet by you or by the delivery service provider).

Limitation of Liability:
35. We shall not be responsible nor liable for any losses that result from any failure to comply with these Terms, including but not limited to, (a) loss of income or revenue; (b) loss of business; (c) indirect or consequential loss.

General:
36. We shall not be responsible nor liable for any delays in performing, or for any failure to perform, any of its obligations hereunder if the delay or failure was due to any cause beyond our reasonable control.
37. The Confirmation and these Terms contain the entire agreement between you and us and supersede any prior agreement whether written or oral.
38. We reserve the right at any time and from time to time to vary or modify or amend the Terms herein without prior notice. In the event that any changes are made, the revised Terms shall be posted on this Website.
39. You will be subject to the Terms in force at the time you access and use the Website, unless any change to these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the Terms).
40. You acknowledge that you have not relied on any verbal or written representations made by us or any of its employees or agents. No variation of these Terms shall be binding unless made in writing and signed by you and us. No waiver on our part of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.

Concerning Usage of Application and Website:
41. By using Dunkin’ MY mobile application (“Application”) and downloading, installing or using any associated software supplied by us (“Software”) to access and use Application (“Service”), you hereby expressly acknowledge and agree to be bound by the Terms, and any future amendments and additions to the Terms as published from time to time.
42. Representations & Warranties: By using the Service or purchasing a product or checking the box indicating your acceptance of this Agreement, you represent and warrant that (1) you have the right, authority and capacity to use the Service and have read, understood and agree to be bound by the Terms and (ii) you are at least 18 years old either entering into this Agreement for yourself or on behalf of your child or a child in your legal care. If you are a parent or guardian entering into this Agreement for the benefit of your child or a child, please be aware that you are fully responsible for his or her use of this Application, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name or password with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when
registering on our Application or purchasing a product and do not attempt to access the Application.
43. Information: You also confirm and/or undertake that all information including but not limited to personal information (“Personal Data”) provided by you are true and accurate. You undertake that all the details provided to us for the purpose of online transaction using the Application are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party
have sufficient funds to meet the costs of Products so ordered. You agree to provide us with proof of identity when requested, accurate, current and complete information as required for the Service and shall be responsible to update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You further agree that we may rely on your information as accurate, current and complete. If your information is untrue, inaccurate, not current or incomplete in any respect, then we have the right but not the obligation to terminate this Agreement and your use
of the Service at any time with or without notice. We will only use your Personal Data in accordance with the Personal Data Protection Act 2010 and our Privacy Policy which can be found here. We shall be entitled to withdraw from any purchase order made by you if the product is inaccurately described on this Application or where obvious errors have been made.
44. Functionality Requirements: Some functionality of the Application including the Service, may require the transmission of your information including but not limited to your name and password, address, e-mail address, financial information (such as credit card numbers), the International Mobile Equipment Identity number accessed in your device, phone-book information, information related to your membership account or GPS location (collectively, “User Information”). When you use such functionality of the Application, you consent to the transmission of the User Information to us, our agents and/or service providers and authorize us , our agents and/or service providers to record, process, and store such User Information as necessary for the Application’s functionality. You are solely responsible for maintenance of the confidentiality, integrity
and security of any User Information transmitted from or stored on your device for purposes of the Application, the provision of the Service and for all transactions and other activities undertaken by you registered in your name, whether authorized or unauthorized. Whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Application or any User Information provided is free of any software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Application (including any software or systems you use to access the Application).
45. Personal Use: Your use of the Service is for your own sole and personal use. You undertake not to authorize others to use your identity for the Service. When using the Service, you agree to comply with all applicable laws.
46. Authorised Access: You may only access the Service using authorized means and you are responsible to check and ensure that you have downloaded the correct Software and/or Application for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software and/or the Application to your device. The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Application. You acknowledge and agree that any system requirements necessary to preview and/or view and/or purchase any Products from our Application or Service are your responsibility. We reserve the right not to permit you to use the Service should you use the Software and/or the Application with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
47. Software & Application: By using the Service, the Software and/or the Application, you agree that:- (a) You will only use the Service for lawful purposes; (b) You will only use the Service for the purpose for which it is intended to be used; (c) You will not use the Software and/or the Application for any unlawful, fraudulent or deceptive purposes; (d) You will not use the Software and/or the Application to cause any nuisance, annoyance and/or inconvenience; (e) You will not use the Service and/or the Application for any purposes other than purchasing our beverages, meals, goods and services ; (f) You will not try to harm the Software and/or the Application in any way whatsoever; (g) You will not copy, or distribute the Software and/or the Application or other content without our prior written permission; (h) You will only use the Software and/or the Application for your own use and will not resell it to a third party; (i) You are solely responsible to keep secure and confidential your login/account user name and/or password or any identification we provide you which allows access to the Service; (j) You shall not employ any means to defraud us through any means, whether fraudulent or otherwise, through any of our event, promotion or campaign or otherwise; (k) You agree that the Service is provided on a reasonable effort basis;. and (l) You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) surreptitiously intercept or expropriate any system, data or personal information about our other users or to facilitate the sending of unsolicited bulk spam or otherwise duplicative or unsolicited messages; (ii) send
material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment whether to cripple the Service through ransomware or denial-of-service attacks or otherwise; (iv) damage, disable, overburden, or impair our servers or networks; (v) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (vi) attempt to gain unauthorized access to our Software and/or the Application or its related systems or networks or the other users’
accounts or personal data or; (vii) cause or encourage conduct that would constitute a criminal offense, or that gives rise to civil liability; (viii) violates these Terms; or (ix) fails to comply with applicable third party terms; (x) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (xi) cause or allowed to be caused any matter which may damage our reputation; or (xii) overcome any of the technical restrictions of the Application or Software, use any tool to enable features which are otherwise disabled in the Application, disassemble, decompile, reverse-engineer or create derivative works based on the Service.
48. Restrictions: (a) You agree to assume full responsibility and liability for all loss or damage suffered by yourself or us or any third party as a result of any breach of the Terms; (b) You must not use the Software, the Application and/or the Service where you will violate any law, statute, ordinance or regulation or where you encourage, promote, facilitate or instruct others to engage in illegal activity; (c) You must not post, publish and/or send (i) any adult media depicting or related to illegal activity such as child pornography, rape, incest, etc; and (ii) hate, violence, harm or intolerance in any form; (iii) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party; (d) You must not send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party rights (including but not limited to rights of publicity or other proprietary rights); (e) You must not use the Software, the Application and/or the Service to circumvent any applicable laws,
remove copyright protections, infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of Malaysia or any jurisdiction.
49. License: We, our affiliates and licensors, where applicable hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application, subject to the Terms herein. All rights not expressly granted to you are reserved by us and our licensors.
50. Licence Conditions: You agree that you shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (b) modify or make derivative works based on the Application and/or the Software; (c) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (d) reverse engineer or access the Software in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (iii) copy any ideas, features, functions or graphics of the Application and/or the Software; (e) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web
robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software; (f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (g) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (h) operate the Application and/or the Software on jailbroken or
rooted mobile devices; or (i) remove any copyright, trademark or other proprietary rights notices contained in the Service.
51. Intellectual Property Ownership: (a) We and/or our affiliates, shall own all rights, titles and interests, including all related intellectual property rights and its respective components, processes and designs in its entirety, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. (b) This Agreement is not a sale agreement and does not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by us and/or our licensors. (c) Our name, logo, trademarks, the Service, the Software, the Application, names of the goods and services and any other depiction or representation associated with the Service, the Software and/or the Application are trademarks belonging to and/or licensed to us and/or our affiliates, and no right or license is granted to use them.
52. Termination: Either we or you may terminate this Agreement immediately with or without notification. This Agreement shall terminate immediately if you are in breach of any of the Terms. We also reserve the right, in its sole discretion, to terminate any the licenses granted herein, the use and ability to use the Service, the deletion and removal of your content or assert legal action with respect to your content and/or your use of the Application, the Software and the Service, that we believe is or might be in violation of this Agreement but any failure or delay on our part in taking such actions does not constitute a waiver of its rights to enforce this Agreement.
53. Verification: You agree that we may but are not bound to, verify and authorize the transferor’s transferring details when you first register your Payment Method with us and when you use the Service. You also agree that you will cooperate in relation to any financial crime screening that is required and to assist our efforts in complying with any prevailing laws or regulations in place.
54. Overseas credit card: If you use a credit card that is processed overseas, then you will be liable for any additional charges in relation thereto.
55. Illegal transaction: We have the absolute right to refuse and/or suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms.
56. Payment Method’s Charges: When you make or receive a payment, you are liable to us for the full amount of the payment plus any fees if the payment is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow us to determine (or in the case where a credit card is used as the Payment Method, to work with your credit card issuer) the appropriate party to incur the burden of such claims, chargebacks
or reversals and where applicable to recover any amounts due to us.
57. Withdrawal / Refund: You may withdraw or obtain a refund of your order by contacting our customer feedback team by email at dnkn.support@dunkinmy.com.my and subject to the terms of this Agreement.
58. Unauthorised Use: You must immediately notify us of any unauthorized transactions associated with the Service and the Application or any other breach of security. You are responsible for all losses, reversals, fees, claims, penalties or chargebacks, incurred by you or us , another user, or a third party caused by or arising out of your breach of this Agreement, damage to or loss of your mobile device, the use of your account by a third party and/or your use of the Service and where such are borne by us, another user, or a third party you agree to reimburse the same for any and all such liability.
59. Credit Card Disputes: You shall be responsible to resolve any disputes with your credit card company and the legal entities of the Payment Method on your own.
60. Other Terms and Conditions: All reward benefits, points and/or any promotions which we may from time to time carry out are valid onl within their stipulated periods and subject to any other terms and conditions of such promotions whereby such terms shall prevail over the provisions of this Agreement to extent that such terms relate to such promotions. Save and except as aforesaid, these Terms shall continue to apply for the Service and the Application.
61. Anti-Money Laundering: You may be required to provide to us such data to allow us to establish and verify your identity both at the time of subscribing and using the Application and on an ongoing basis, in order to facilitate compliance with the provisions of Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”).
62. You agree that we and our affiliates may use such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure adherence to the provisions of AMLA, and complying with any anti-money laundering or counter terrorism financing laws applicable to us or our affiliates, together with sharing such data internally with our affiliates and with third-party outsources, as well as in relation to transfers and reporting ofsuch data and your transactions to Bank Negara Malaysia, and such other regulators and law enforcement agencies as we deem appropriate.
63. Indemnification: By agreeing to the Terms upon using the Service, you agree that you shall defend, indemnify and hold us, our licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) arising out of or in connection with (a) your use or misuse of the Service, the Software and/or the Application; (b) violation of these Terms and/or (c) violation of any rights of a third party. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to your indemnification, in which event you will cooperate in asserting any available defences. In the event of any third party's claim that the Application or your possession and use of the Application infringes that third party’s intellectual property right, then we will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
64. No Warranties: WE ARE PROVIDING THE SOFTWARE, THE APPLICATION AND THE SERVICE TO YOU ON AN "AS IS" BASIS AND YOUR USE THEREOF IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE SOFTWARE, THE APPLICATION AND THE SERVICE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, TIMELY, RELIABLE, SECURE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE CONTAINING CONTAMINATING OR DESTRUCTIVE PROPERTIES OR OTHER HARMFUL COMPONENTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT YOUR USE THEREOF IS IN COMPLIANCE WITH ALL APPLICABLE LAWS OR YOUR INFORMATION TRANSMITTED USING OR RELYING ON THE SOFTWARE, THE APPLICATION AND THE SERVICE WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. ANY AND ALL OF THE AFORESAID WARRANTIES AND CONDITIONS WHICH MAY BE IMPLIED BY LAW OR OTHERWISE ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED UNDER MALAYSIAN LAW. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE AND/OR THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR REWARDS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE ARE ABSENT OR WILL BE CORRECTED.
65. Telecommunication Failure: The Service, the Application and/or the Software may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range of mobile signals or functioning incorrectly. We do not assume responsibility nor shall we be liable for any delays, delivery failures, damages or losses resulting from such problems.
66. No Liability: To the fullest extent permitted by law, we shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with your use of the Service, the Application and/or the Software. We will also not be liable to you for:- (a) any loss of income, business, goodwill, or profits arising out of this Agreement; (b) the consequences of any delay or mistake relating to the payment caused by any circumstances beyond our control; (c) any loss or damage caused by our breach of this Agreement or breach of any legal duty of care; (d) any loss or damage whether reasonably foreseeable or otherwise as result of either our breach of this Agreement or breach of legal duty of care.
67. Notices: We may give notice by means of a general notice on the Application or on this Website or our social media channels or by mobile messaging services or by electronic mail to your email address in our records, or by written communication sent by registered mail or pre-paid post to your address in our record. Such notice shall be deemed to have been given immediately when it is through our Website or the Application OR upon the expiration of 48 hours after or after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by mobile messaging service email). You may give notice us (such notice shall be deemed given when received by us) by letter sent by courier or registered mail to us using the contact details as provided in the Application.
68. Assignment: This Agreement as constituted by the Terms as modified from time to time may not be assigned by you without our prior written approval but may be assigned by us without your consent. Any purported assignment by you in violation of this section shall be void.
69. Governing Laws: This Agreement shall be governed by laws of Malaysia, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms, the Service or the Products shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (“Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. Once any dispute has been submitted to arbitration proceedings pursuant to this clause, such dispute shall be resolved in a confidential manner. No party shall disclose or permit the disclosure of any information about the evidence adduced or the documents produced by another party in the arbitration proceedings or about the results of the proceeding except as may be required by a governmental authority or as required in a court action in aid of arbitration or for enforcement of this arbitration agreement or an arbitral award. You acknowledge that no claim(s) shall be asserted against us in connection with the Terms, the Service or the Products unless prior written notice of such claim has been submitted to us within thirty (30) days after the facts or circumstances giving rise to such claim is made known or reasonably discoverable to you failing which such cause of action shall be unconditionally and permanently barred.
70. Relationship: No joint venture, partnership, employment, or agency relationship exists between you, ourselves or any third-party provider as a result of the Terms or use of the Service.
71. Severability: If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
72. No waiver: Our failure or delay to enforce any right or provision in the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
73. Changes: We reserve the right to change or modify these Terms. You acknowledge that it is your responsibility to check the Application or Service regularly to ascertain if changes have been made and your continued use of the Application or Service after such a change will constitute your acceptance of the changes.
74. Complaints or Enquiries. If you have any questions regarding the Application and the Service, or if you dispute any transaction or correction, then please contact our customer hotline by email at dnkn.support@dunkinmy.com.my.

IMPORTANT:

Please read these terms carefully. By using the Service (as defined hereunder), you represent that you have read, understood, accepted and agreed with the Terms. You also agree to the representations made by yourself below. If you do not agree to the Terms and wish to discontinue using the Service, then please do not continue using or accessing the Application (as defined herein) or the Service.

Our Application (as defined hereunder) is established to enable you to chose and purchase the food and beverage products and merchandise (“Product” or “Products”) that we offer for sale online via the Application.

This website dunkindonuts.com.my ("the Website") is owned and operated by GOLDEN DONUTS SDN. BHD 198601006059 (155220-W) a company registered in Malaysia under the Companies Act 2016 and trading as “DUNKIN DONUTS” ("us", "our", "we" or “the Company”).

Our contact is as follows:-
Lot 4, Lorong Enggang 37,
Ulu Kelang Industrial Area,
54200 Selangor
Email: orderonline@dunkindonuts.com.my
Customer Care: <marketing@dunkindonuts.com.my>
Phone at +603-4256 0688 / +6018-901 0688

The following constitutes a legal agreement between a visitor ("you") and us with respect to the use of our Website and the conditions on which Dunkin Donuts has agreed to supply the Products to you (“Terms” or “Agreement”).

Concerning Purchase of Products:
1. You may place an order for the Products from us by using our online order form (“Order”).
2. The Order constitutes an offer to us to buy the Product.
3. Full payment for both the Product and delivery fee(s) is required at the point of the transaction.
4. Once the payment is received and the Order is accepted, you will receive an Order Confirmation notification and an email from us.
5. No Order submitted by you shall be binding on us unless and until we have sent you a notification on this Application and an email confirmation accepting the same (“Confirmation”).
6. You shall be responsible for ensuring the accuracy of the terms of any Order and for checking that the Confirmation is correct. This includes the items ordered, the date, address for delivery/store for collection, your or the recipient’s phone number, time of delivery and any specific delivery information. If you do not receive a Confirmation, please first check your junk folder as it might be redirected there by your security software. If not there, please contact us directly to enquire. If you notice an error in the Confirmation, you must notify us immediately for same-day orders or prior to the order cut-off times for advance orders. We cannot guarantee any amendment for same-day orders and that no amendment is legally binding until confirmed in writing by us. We will not accept responsibility for any errors made during the ordering process and for the impact that this may have on your order.
7. Once a Confirmation is sent, you may not cancel your Order except with our prior written consent which will be subject to cancellation costs incurred in processing your Order. Any Order you placed with us is subject to availability of the Product and delivery services. Pick-up and delivery service is available for selected areas within the Kuala Lumpur city centre and the Klang Valley.
8. If your location is not within our delivery coverage area, please email us at Customer Care. We will try our best to propose an alternative arrangement.
9. We are able to customize the Products for parties and events. Please email the Company at Customer Care (“Customer Care”) above for more information.
10. Please be aware that the Customer Care department is open from 9 am – 5 pm on Monday to Friday (excluding public holidays).

Order Lead Time:
11. For each normal order less than RM300.00, if your delivery day is any day from Tuesday to Saturday, you are required to place such order 2 days in advance by 2 pm.
12. For delivery on a Monday, you are required to place such order 3 days in advance by 2 pm. For large order of RM300.00 and above, you are required to order 3 days in advance by 2 pm.
13. Online ordering and production slots book up fast in advance and the delivery times based on the above Order cut-off time cannot be guaranteed to be always available if other customers have booked their order in advance for the day you require or during peak or festive periods. To avoid disappointment booking as far in advance as possible is advised as our Products require time to prepare. We reserve the right to amend or vary the Order cut-off time at any time and from time to time.

Payment:
14. We accept payment only via direct online transfer. As all payments will be subject to relevant validation checks and authorisation by the bank or FPX associate, if payment authorisation is refused or rejected for whatever reasons, we will not be liable for any delay or non-delivery of the Order.

Pricing:
15. The price for the Products shall be the price agreed when the Products are ordered and as set out in the Confirmation. Prices include service tax. The Company is registered under the Service Tax Act 2018 (SST No. W10-1808-31035497) and all prices are subject to 6% Service Tax. A delivery fee shall be charged depending on the location and distance for each Order to any location within the Kuala Lumpur city centre and the Klang Valley.
16. Prices are quoted in Ringgit Malaysia and are liable to change at any time, but price changes will not affect your Orders after the Confirmation is received.
17. The prices for the Products to be paid by you will be as listed on our Website, except in cases of obvious error. It is possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of the Confirmation procedure, so that where a Product's actual price is less than our Website listed price, we will charge the lower amount when invoicing you. If a Product's actual price is higher than the Website’s listed price, or we are no longer able to supply a particular Product for some reason, we will contact you by email to advise you and/or to obtain your confirmation that the actual price is acceptable. In such instances, there is no obligation on our part to honour the incorrect price if the error in pricing could have reasonably been recognised as incorrect.

Order Amendments/Cancellation:
18. No cancellation of any Order is allowed upon payment made.
19. In case any Product ordered is not available or if there is no delivery capacity, we will inform you in advance and propose other options. You can choose to cancel the order and you will be refunded in full.

Products:
20. All images of the Product listed on our Website are for illustrative purposes only. We will use reasonable endeavours to ensure that the size and description of the Products delivered conform to those ordered by you, as set out in the Confirmation, although minor variations in the Product or packaging may occur including but not limited to slight variations in appearance in size, shape or colour from those shown on the Website or in any publicity material. However, if you happen to find that the Product received isn’t what you ordered, or the Product, or portion of the Product, is in a damaged condition when you receive it, or if the Order is incomplete, please contact us immediately.
21. Taste being subjective and personal, we cannot accept the return of any Products where the taste is not to your preference. If any of our Products and/or flavours are promotional or festive or seasonal the availability may be limited and always subject to change and in any instance where a Product/flavour is no longer available, we will contact you to advise and offer an alternative. We will not accept any requests for return, refund or exchange where you (a) changed your mind; (b) purchased the wrong Product; or (c) purchased the wrong flavour, size, type or quantity. All Products sold to customers are
intended for their own consumption only and not for resale.

Quality:
22. For any dietary or allergen information or when you should verify the ingredients in the Product before consumption or otherwise require further information, please contact us directly. Some of our Products will contain nuts under the specific doughnut(s) offered on the menu webpage. As the Products are prepared in a kitchen where nuts are present, no guarantee can be given that nuts will not be found in any of the Products. Therefore, we cannot accept any liability for any injury or damage to your health or any distress experienced by the consumption of such Products.
23. We offer a number of pre-prepared drinks and these differ by outlet. While we cannot take any responsibility or liability for these Products, please contact us directly with any feedback and reasonable efforts will be made to ensure that this is passed to the appropriate contact.

Delivery:
24. The Products ordered by you can only either be delivered to the delivery address provided by you and confirmed by us or collected by you from one of the outlets notified in the Confirmation.
25. An estimated delivery/collection time slot will be assigned when making an order and unless otherwise requested by you and confirmed by us, the Product will be delivered/available for collection during that time period.
26. Please note that it might not be possible to deliver to some locations. If this is the case, we will contact you in advance to make alternative arrangement.
27. If the Products are not delivered within the estimated delivery time, you may contact Customer Care by phone or email. We will use our reasonable endeavour to ensure you receive your order as quickly as possible.
28. In the case of self collection, if for any reason, you find that you are unable to collect your order from the outlet requested during the order process on the day of collection, please contact us, to advise. The products will be held at the requested outlet for the length of their opening hours, alternatively, upon payment of the necessary delivery charge, we might, but without any assurance, be able to arrange delivery within a realistic time slot and delivery zone (subject to availability of delivery). In every case, if for any reason, no one is present to receive delivery of the Products at the delivery address, we
will take the Products back and notify you of the missed delivery. For any orders that are not collected by you or where delivery is not possible for reasons outside of our reasonable control or of the service provider’s, delivery must be rearranged for the same day and we shall not be responsible for arranging delivery/collection for a future date. Rearranged deliveries will incur a further delivery charge that will be payable by you.
29. We will make every effort to fulfil your order correctly. In the event that this does not occur, we shall not be liable for consequential costs incurred due to errors made with Products supplied or delivered.
30. Reasonable steps will be taken to meet the delivery date and time set out on the Confirmation. However, occasionally and given that third party logistic and delivery partners are used, delivery is beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date and/or time with you.
31. If you fail to accept delivery of the Products at the time they are delivered for whatever reasons, then such Products shall be deemed to have been delivered to you and all risk and responsibility in relation to such Products shall pass to you.

Warranty:
32. We will take reasonable steps to pack the Products and to ensure that the Products will be in good condition when they are collected from our outlet whether for collection by you or for delivery purposes by the appointed courier or delivery service provider.
33. When the Products are collected from our appointed outlet they will (a) conform in all material aspects with their description; (b) be of satisfactory quality; (c) be fit for human consumption and (d) comply with applicable statutory and regulatory requirements for selling the Products in Malaysia PROVIDED ALWAYS that the aforesaid shall not apply (a) to any defect in the Products arising from wilful damage, accident or negligence by you or any third party; (b) if you store or use the Products in a way that we do not recommend; or (c) if you fail to follow the instructions in relation to the Products. In the unlikely event that the Products do not conform with the above warranty we will provide you with a refund (using your original payment method) or exchange voucher or replacement Products.

Risk and Property:
34. The Products shall be your responsibility from the time of delivery (i.e. when they are collected from our outlet by you or by the delivery service provider).

Limitation of Liability:
35. We shall not be responsible nor liable for any losses that result from any failure to comply with these Terms, including but not limited to, (a) loss of income or revenue; (b) loss of business; (c) indirect or consequential loss.

General:
36. We shall not be responsible nor liable for any delays in performing, or for any failure to perform, any of its obligations hereunder if the delay or failure was due to any cause beyond our reasonable control.
37. The Confirmation and these Terms contain the entire agreement between you and us and supersede any prior agreement whether written or oral.
38. We reserve the right at any time and from time to time to vary or modify or amend the Terms herein without prior notice. In the event that any changes are made, the revised Terms shall be posted on this Website.
39. You will be subject to the Terms in force at the time you access and use the Website, unless any change to these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the Terms).
40. You acknowledge that you have not relied on any verbal or written representations made by us or any of its employees or agents. No variation of these Terms shall be binding unless made in writing and signed by you and us. No waiver on our part of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.

Concerning Usage of Application and Website:
41. By using Dunkin’ MY mobile application (“Application”) and downloading, installing or using any associated software supplied by us (“Software”) to access and use Application (“Service”), you hereby expressly acknowledge and agree to be bound by the Terms, and any future amendments and additions to the Terms as published from time to time.
42. Representations & Warranties: By using the Service or purchasing a product or checking the box indicating your acceptance of this Agreement, you represent and warrant that (1) you have the right, authority and capacity to use the Service and have read, understood and agree to be bound by the Terms and (ii) you are at least 18 years old either entering into this Agreement for yourself or on behalf of your child or a child in your legal care. If you are a parent or guardian entering into this Agreement for the benefit of your child or a child, please be aware that you are fully responsible for his or her use of this Application, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name or password with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when
registering on our Application or purchasing a product and do not attempt to access the Application.
43. Information: You also confirm and/or undertake that all information including but not limited to personal information (“Personal Data”) provided by you are true and accurate. You undertake that all the details provided to us for the purpose of online transaction using the Application are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party
have sufficient funds to meet the costs of Products so ordered. You agree to provide us with proof of identity when requested, accurate, current and complete information as required for the Service and shall be responsible to update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You further agree that we may rely on your information as accurate, current and complete. If your information is untrue, inaccurate, not current or incomplete in any respect, then we have the right but not the obligation to terminate this Agreement and your use
of the Service at any time with or without notice. We will only use your Personal Data in accordance with the Personal Data Protection Act 2010 and our Privacy Policy which can be found here. We shall be entitled to withdraw from any purchase order made by you if the product is inaccurately described on this Application or where obvious errors have been made.
44. Functionality Requirements: Some functionality of the Application including the Service, may require the transmission of your information including but not limited to your name and password, address, e-mail address, financial information (such as credit card numbers), the International Mobile Equipment Identity number accessed in your device, phone-book information, information related to your membership account or GPS location (collectively, “User Information”). When you use such functionality of the Application, you consent to the transmission of the User Information to us, our agents and/or service providers and authorize us , our agents and/or service providers to record, process, and store such User Information as necessary for the Application’s functionality. You are solely responsible for maintenance of the confidentiality, integrity
and security of any User Information transmitted from or stored on your device for purposes of the Application, the provision of the Service and for all transactions and other activities undertaken by you registered in your name, whether authorized or unauthorized. Whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Application or any User Information provided is free of any software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Application (including any software or systems you use to access the Application).
45. Personal Use: Your use of the Service is for your own sole and personal use. You undertake not to authorize others to use your identity for the Service. When using the Service, you agree to comply with all applicable laws.
46. Authorised Access: You may only access the Service using authorized means and you are responsible to check and ensure that you have downloaded the correct Software and/or Application for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software and/or the Application to your device. The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Application. You acknowledge and agree that any system requirements necessary to preview and/or view and/or purchase any Products from our Application or Service are your responsibility. We reserve the right not to permit you to use the Service should you use the Software and/or the Application with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
47. Software & Application: By using the Service, the Software and/or the Application, you agree that:- (a) You will only use the Service for lawful purposes; (b) You will only use the Service for the purpose for which it is intended to be used; (c) You will not use the Software and/or the Application for any unlawful, fraudulent or deceptive purposes; (d) You will not use the Software and/or the Application to cause any nuisance, annoyance and/or inconvenience; (e) You will not use the Service and/or the Application for any purposes other than purchasing our beverages, meals, goods and services ; (f) You will not try to harm the Software and/or the Application in any way whatsoever; (g) You will not copy, or distribute the Software and/or the Application or other content without our prior written permission; (h) You will only use the Software and/or the Application for your own use and will not resell it to a third party; (i) You are solely responsible to keep secure and confidential your login/account user name and/or password or any identification we provide you which allows access to the Service; (j) You shall not employ any means to defraud us through any means, whether fraudulent or otherwise, through any of our event, promotion or campaign or otherwise; (k) You agree that the Service is provided on a reasonable effort basis;. and (l) You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) surreptitiously intercept or expropriate any system, data or personal information about our other users or to facilitate the sending of unsolicited bulk spam or otherwise duplicative or unsolicited messages; (ii) send
material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment whether to cripple the Service through ransomware or denial-of-service attacks or otherwise; (iv) damage, disable, overburden, or impair our servers or networks; (v) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (vi) attempt to gain unauthorized access to our Software and/or the Application or its related systems or networks or the other users’
accounts or personal data or; (vii) cause or encourage conduct that would constitute a criminal offense, or that gives rise to civil liability; (viii) violates these Terms; or (ix) fails to comply with applicable third party terms; (x) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (xi) cause or allowed to be caused any matter which may damage our reputation; or (xii) overcome any of the technical restrictions of the Application or Software, use any tool to enable features which are otherwise disabled in the Application, disassemble, decompile, reverse-engineer or create derivative works based on the Service.
48. Restrictions: (a) You agree to assume full responsibility and liability for all loss or damage suffered by yourself or us or any third party as a result of any breach of the Terms; (b) You must not use the Software, the Application and/or the Service where you will violate any law, statute, ordinance or regulation or where you encourage, promote, facilitate or instruct others to engage in illegal activity; (c) You must not post, publish and/or send (i) any adult media depicting or related to illegal activity such as child pornography, rape, incest, etc; and (ii) hate, violence, harm or intolerance in any form; (iii) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party; (d) You must not send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party rights (including but not limited to rights of publicity or other proprietary rights); (e) You must not use the Software, the Application and/or the Service to circumvent any applicable laws,
remove copyright protections, infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of Malaysia or any jurisdiction.
49. License: We, our affiliates and licensors, where applicable hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application, subject to the Terms herein. All rights not expressly granted to you are reserved by us and our licensors.
50. Licence Conditions: You agree that you shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (b) modify or make derivative works based on the Application and/or the Software; (c) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (d) reverse engineer or access the Software in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (iii) copy any ideas, features, functions or graphics of the Application and/or the Software; (e) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web
robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software; (f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (g) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (h) operate the Application and/or the Software on jailbroken or
rooted mobile devices; or (i) remove any copyright, trademark or other proprietary rights notices contained in the Service.
51. Intellectual Property Ownership: (a) We and/or our affiliates, shall own all rights, titles and interests, including all related intellectual property rights and its respective components, processes and designs in its entirety, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. (b) This Agreement is not a sale agreement and does not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by us and/or our licensors. (c) Our name, logo, trademarks, the Service, the Software, the Application, names of the goods and services and any other depiction or representation associated with the Service, the Software and/or the Application are trademarks belonging to and/or licensed to us and/or our affiliates, and no right or license is granted to use them.
52. Termination: Either we or you may terminate this Agreement immediately with or without notification. This Agreement shall terminate immediately if you are in breach of any of the Terms. We also reserve the right, in its sole discretion, to terminate any the licenses granted herein, the use and ability to use the Service, the deletion and removal of your content or assert legal action with respect to your content and/or your use of the Application, the Software and the Service, that we believe is or might be in violation of this Agreement but any failure or delay on our part in taking such actions does not constitute a waiver of its rights to enforce this Agreement.
53. Verification: You agree that we may but are not bound to, verify and authorize the transferor’s transferring details when you first register your Payment Method with us and when you use the Service. You also agree that you will cooperate in relation to any financial crime screening that is required and to assist our efforts in complying with any prevailing laws or regulations in place.
54. Overseas credit card: If you use a credit card that is processed overseas, then you will be liable for any additional charges in relation thereto.
55. Illegal transaction: We have the absolute right to refuse and/or suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms.
56. Payment Method’s Charges: When you make or receive a payment, you are liable to us for the full amount of the payment plus any fees if the payment is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow us to determine (or in the case where a credit card is used as the Payment Method, to work with your credit card issuer) the appropriate party to incur the burden of such claims, chargebacks
or reversals and where applicable to recover any amounts due to us.
57. Withdrawal / Refund: You may withdraw or obtain a refund of your order by contacting our customer feedback team by email at dnkn.support@dunkinmy.com.my and subject to the terms of this Agreement.
58. Unauthorised Use: You must immediately notify us of any unauthorized transactions associated with the Service and the Application or any other breach of security. You are responsible for all losses, reversals, fees, claims, penalties or chargebacks, incurred by you or us , another user, or a third party caused by or arising out of your breach of this Agreement, damage to or loss of your mobile device, the use of your account by a third party and/or your use of the Service and where such are borne by us, another user, or a third party you agree to reimburse the same for any and all such liability.
59. Credit Card Disputes: You shall be responsible to resolve any disputes with your credit card company and the legal entities of the Payment Method on your own.
60. Other Terms and Conditions: All reward benefits, points and/or any promotions which we may from time to time carry out are valid onl within their stipulated periods and subject to any other terms and conditions of such promotions whereby such terms shall prevail over the provisions of this Agreement to extent that such terms relate to such promotions. Save and except as aforesaid, these Terms shall continue to apply for the Service and the Application.
61. Anti-Money Laundering: You may be required to provide to us such data to allow us to establish and verify your identity both at the time of subscribing and using the Application and on an ongoing basis, in order to facilitate compliance with the provisions of Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”).
62. You agree that we and our affiliates may use such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure adherence to the provisions of AMLA, and complying with any anti-money laundering or counter terrorism financing laws applicable to us or our affiliates, together with sharing such data internally with our affiliates and with third-party outsources, as well as in relation to transfers and reporting ofsuch data and your transactions to Bank Negara Malaysia, and such other regulators and law enforcement agencies as we deem appropriate.
63. Indemnification: By agreeing to the Terms upon using the Service, you agree that you shall defend, indemnify and hold us, our licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) arising out of or in connection with (a) your use or misuse of the Service, the Software and/or the Application; (b) violation of these Terms and/or (c) violation of any rights of a third party. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to your indemnification, in which event you will cooperate in asserting any available defences. In the event of any third party's claim that the Application or your possession and use of the Application infringes that third party’s intellectual property right, then we will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
64. No Warranties: WE ARE PROVIDING THE SOFTWARE, THE APPLICATION AND THE SERVICE TO YOU ON AN "AS IS" BASIS AND YOUR USE THEREOF IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE SOFTWARE, THE APPLICATION AND THE SERVICE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, TIMELY, RELIABLE, SECURE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE CONTAINING CONTAMINATING OR DESTRUCTIVE PROPERTIES OR OTHER HARMFUL COMPONENTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT YOUR USE THEREOF IS IN COMPLIANCE WITH ALL APPLICABLE LAWS OR YOUR INFORMATION TRANSMITTED USING OR RELYING ON THE SOFTWARE, THE APPLICATION AND THE SERVICE WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. ANY AND ALL OF THE AFORESAID WARRANTIES AND CONDITIONS WHICH MAY BE IMPLIED BY LAW OR OTHERWISE ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED UNDER MALAYSIAN LAW. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE AND/OR THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR REWARDS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE ARE ABSENT OR WILL BE CORRECTED.
65. Telecommunication Failure: The Service, the Application and/or the Software may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range of mobile signals or functioning incorrectly. We do not assume responsibility nor shall we be liable for any delays, delivery failures, damages or losses resulting from such problems.
66. No Liability: To the fullest extent permitted by law, we shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with your use of the Service, the Application and/or the Software. We will also not be liable to you for:- (a) any loss of income, business, goodwill, or profits arising out of this Agreement; (b) the consequences of any delay or mistake relating to the payment caused by any circumstances beyond our control; (c) any loss or damage caused by our breach of this Agreement or breach of any legal duty of care; (d) any loss or damage whether reasonably foreseeable or otherwise as result of either our breach of this Agreement or breach of legal duty of care.
67. Notices: We may give notice by means of a general notice on the Application or on this Website or our social media channels or by mobile messaging services or by electronic mail to your email address in our records, or by written communication sent by registered mail or pre-paid post to your address in our record. Such notice shall be deemed to have been given immediately when it is through our Website or the Application OR upon the expiration of 48 hours after or after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by mobile messaging service email). You may give notice us (such notice shall be deemed given when received by us) by letter sent by courier or registered mail to us using the contact details as provided in the Application.
68. Assignment: This Agreement as constituted by the Terms as modified from time to time may not be assigned by you without our prior written approval but may be assigned by us without your consent. Any purported assignment by you in violation of this section shall be void.
69. Governing Laws: This Agreement shall be governed by laws of Malaysia, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms, the Service or the Products shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (“Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. Once any dispute has been submitted to arbitration proceedings pursuant to this clause, such dispute shall be resolved in a confidential manner. No party shall disclose or permit the disclosure of any information about the evidence adduced or the documents produced by another party in the arbitration proceedings or about the results of the proceeding except as may be required by a governmental authority or as required in a court action in aid of arbitration or for enforcement of this arbitration agreement or an arbitral award. You acknowledge that no claim(s) shall be asserted against us in connection with the Terms, the Service or the Products unless prior written notice of such claim has been submitted to us within thirty (30) days after the facts or circumstances giving rise to such claim is made known or reasonably discoverable to you failing which such cause of action shall be unconditionally and permanently barred.
70. Relationship: No joint venture, partnership, employment, or agency relationship exists between you, ourselves or any third-party provider as a result of the Terms or use of the Service.
71. Severability: If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
72. No waiver: Our failure or delay to enforce any right or provision in the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
73. Changes: We reserve the right to change or modify these Terms. You acknowledge that it is your responsibility to check the Application or Service regularly to ascertain if changes have been made and your continued use of the Application or Service after such a change will constitute your acceptance of the changes.
74. Complaints or Enquiries. If you have any questions regarding the Application and the Service, or if you dispute any transaction or correction, then please contact our customer hotline by email at dnkn.support@dunkinmy.com.my.