Terms and Condition

ABOUT US

Welcome to ZUS Coffee. This page (together with the documents referred to in it) tells you the terms (the ″Terms″) which apply when you order any menu items (the ″Items″) from our website or mobile applications and related services (each referred to as an ″Application″).

PURPOSE

Our objective is to produce, deliver and allow you to order items (our ″Products″) for delivery (our ″Service″). Where you order from ZUS Coffee, we will manage your experience throughout the order process. In some of the case, our ″Product″ or ″Service″ may be provided by a third party that we believe to be of good quality and good standing, we shall however not be held liable for the quality of or any issues associated with such add-on items produced by third party.

SERVICE AVAILABILITY

ZUS Coffee has a prescribed delivery area and specific operating hours. This delivery area and operating hours may change at any time due to factors such as weather, or demand on our service. This is to ensure that Items reach your door at their best. If you try to order a delivery to a location outside the delivery area or during out of operating hours or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

TERMS AND CONDITIONS

This terms and conditions was last updated on: 19th November 2019

Please read the terms and conditions (″Terms and Conditions″) set out below carefully before using zucoffee.com website (″Website″) and zuscoffee mobile application (″App″) operated by Zuspresso (M) Sdn Bhd (″us, ″we″ or ″our″). By accessing to, downloading, installing or use of, the Website or the App, and your ordering via the Website or the App, you agree to be bound by these Terms and Conditions.

1. Ordering

You may order drinks or such other products available at the Website or the App, and we will do our utmost best to make deliveries on the specified time and date you select delivered to your home or office. Orders must be received before the specified cut-off time for that given product which will be shown as you proceed through the ordering process. You shall review your order carefully before placing it, we shall not be held responsible for any failure to do so or changes after the order is made to the time, delivery address or items.

We may however, in our sole discretion, choose to not process or to cancel your orders in certain circumstances. This may occur, for example, when the drinks or products you wish to order is no longer available, out of coverage for delivery, or in other unforeseen circumstances such as operational outages. We will not charge you in these cases or refund the charges for orders that we do not process or cancel.

To serve you better, we have made available add-on items such as drinks and other sides etc on the Website and the App produced by third party partners which we believe are of good quality, we shall however not be held liable for the quality of or any issues associated with such add-on items produced by third party.

2. Description

While we endeavour to provide accurate description of the products and/or services offered on the Website and the App, we do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, reliability or suitability of the information and materials found or offered on the Website or the App, and the pictures shown are for illustration purpose only. 

You acknowledge that such information and materials are provided on ″as is″ and ″if available″ basis, and may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information and materials found or offered on the Website or the App generally.

In the event of unavailability of certain ingredients, we will replace with similar ingredients while preserving the quality of the meals without update. While we attempt to identify ingredients that may cause allergic reactions for those with food allergies, we however do not make representation on the same and there is always a risk of contamination. If you are concerned with food allergies, please be aware of the said risk and that we may prepare food and use ingredients that contain nuts, fruits, dairy, milk, coffee bean and syrups.

We endeavour to ensure and maintain a high quality and hygiene of the drinks prepared for you, if however in the unlikely event that you found the drinks delivered are not in good condition or contained items that do not belong therein, please do not consume the said drinks but to contact us for a refund. We reserve the right to issue such full and partial refunds and any additional compensation in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery. We may request a photograph or other documentation showing the problem if it is something that can be seen by inspecting the Items. Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and other information.

3. Delivery

Please refer to our delivery information page for the delivery area covered and we may engage third party service provider to ensure delivery of the order within the time slot selected. Whilst we aim to ensure the service level of such third party service provider, we are not able to warrant their conduct or behaviour and shall not be held responsible for any omissions or misconduct caused by such third party service provider. 

Your order will be delivered at the timeslot selected and we endeavour to meet the said delivery time slot however it may be occasionally delayed due to traffic flow, weather conditions, unforeseen incidences or force majeure event, and we shall not be held liable for failure to deliver.

If it is in our view that the delivery of your order is likely to be substantially delayed, we will contact you to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and we will refund you the cost of such order or credit the cost of such order to your account balance which can be applied to your next order, at your option. The processing of the refund may take up to twenty (20) working days.

You are responsible to be available at the time of delivery and ensure adequate arrangement is made. All risk in the products shall pass to you upon delivery. In any event where we are unable to reach you, we will attempt to contact you at the phone number given and the driver is unable to find a safe location to leave the drink and if you are still unreachable, the order shall be deemed delivered and you will be liable for its payment in full as if you had received the order. 

We shall not be held responsible for your failure to provide adequate access, information or arrangements for delivery. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been despatched you will also be charged for delivery.

To ensure the highest quality of the meal served, it is highly recommended that all meals should be consumed immediately after delivery.

4. Price and Payment

All prices are in Malaysian Ringgit (MYR) unless otherwise stated. The prices are correct as shown on the Website and the App, and are inclusive of applicable tax and delivery charges unless the delivery address is not within the delivery area or minimum order/basket size requirement shall apply. We reserve the right to review the prices from time to time. Payment can be made online (via FPX bank transfer, CIMB Clicks, Maybank2U, RHB, Boost, Touch n’ go, Grabpay, debit or credit card payment).

We may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 30 minutes of creating the basket. Payment may also be made by using vouchers or account credit. Use of these is subject to ZUS Coffee’s Voucher and Account Credit Terms.

Orders are considered final as soon as they are placed and modification/cancellation is generally not permitted. That said, we do make exceptions on a case-by-case basis and please inform us at least 30 minutes in advance. In the event of cancellation, we may credit the cost of such order to your account balance which can be applied to your next order. We are not liable or responsible for the time of an outside delays in outside payment gateway to charge or refund you or if your bank account/credit card has been used in a fraudulent manner.

 

5. Cancellation

You may cancel an order without charge at any time before we have confirmed your order (a “Confirmed Order”) or received a confirmation email. If you wish to cancel an order before it becomes a Confirmed Order, please contact us immediately, via our Application or website. If we have not confirmed your order, we will refund your payment (excluding any discount, or Voucher that was applied to the order – see Voucher and Account Credit Terms for more detail). If you cancel any order after it becomes a Confirmed Order, you will be charged the full price for the Items, and if the driver has been despatched you will also be charged for delivery. 

We may notify you that an order has been cancelled or if an item because unavailable at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.

6. Accounts and Registration

When ordering through the Website or the App, you are required to provide certain information or to register for an account, and information required includes your name, email address, credit card number, phone number and delivery address. You warrant that you have the legal capacity to use and to order through the Website or the App. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. 
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. If you have reason to believe that your account is no longer secure, then you must immediately notify us at admin@zuscoffee.com. We reserve the right to terminate or suspend your account at anytime if we believe there is unusual activity on it.

We shall take all commercially reasonable measures in securing your orders and personal details, and will ensure that said details are retained only as long as necessary for the transaction and for the provision of the products and services to you. However, in the absence of fault on our part, we shall not be held liable for any loss that you may suffer in the event unauthorized access by third party to any data provided when accessing or ordering from the Website or the App unless we have been proved to be negligent in securing the information provided.

Use of Information

You authorize us to use, store or otherwise process your personal information in order to provide the delivery of the order to you and for marketing and credit control purposes (″Purpose″), including but not limited to calling the provided number for promotional purposes. The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the delivery of the order to you.

7. Use of Information

You authorize us to use, store or otherwise process your personal information in order to provide the delivery of the order to you and for marketing and credit control purposes (″Purpose″), including but not limited to calling the provided number for promotional purposes. The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the delivery of the order to you.

8. Liability

By using or ordering via the Website or the App, you acknowledge and agree that the use of the Website or the App is at your own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use the Website or the App, or any application or material on any site linked to this Website or the App (including but not limited to any viruses, bugs or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of the Website or the App by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.

We disclaim any and all liability to you for the supply of the delivery and products to the fullest extent permissible under applicable laws unless the loss or damage is due to our willful misconduct, or gross negligence. This however shall not affect your statutory rights as a consumer under applicable laws. In the event that we are found liable for any loss or damage, such liability is limited to the amount that you have paid for the relevant products. We shall not be liable for any consequential, indirect or special damage, howsoever arising.

In the event of reasonable belief that there exists an abuse of promotional event and/or suspects instances of fraud, we may cause the suspected user to be blocked immediately and reserves the right to refuse future services. Additionally, should there exist an abuse of vouchers or discount codes, we reserves the right to seek compensation or damages from any and all violators. Any promotions or offers are subject to our sole discretion and may be withdrawn at any time and without prior notice.

The Website or the App may include content, information or links to third parties or third party sites. We shall not be held responsible for the content of any such sites or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at your own risk and we make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Website or the App. You agree to hold harmless and relieve us from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of the Website or the App, or as a result of violation of this Terms and Conditions by you or through use of your account.

9. Intellectual Property Rights

All intellectual property rights in connection with the Website and the App (including but not limited to, the recipe, design, layout, look, text, appearance and graphics) are owned by us and must not be reproduced without our prior written consent. You may for your own personal use, to print and download the materials or bookmark or share links directing others to the content on the Website and the App, provided that you do not modify, reproduce or republish any content either online or offline, without our consent.

10. Prohibitions

You are not allowed to use or launch any automated system or program in connection with our Website or the App or its online ordering functionality. You may not collect or harvest any personally identifiable information from the Website or the App, use communication systems provided by the Website or the App for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website or the App with respect to their submission to the Website or the App, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website or the App.

11. Entire Agreement

The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website or the App, these Terms and Conditions shall prevail.

12. Variation of Terms and Conditions

We reserve the right at our sole discretion to vary, modify and make changes to these Terms and Conditions from time to time, and any such variations shall become effective once posted on the Website and the App. You agree that the continued use of the Website or the App indicates your acceptance of the modified Terms and Conditions.

13. Severability

If any provision of these Terms and Conditions shall be deemed invalid, illegal or unenforceable, such provision shall be deemed deleted without affecting or impairing the remainder of the Terms and Conditions which shall continue to be in force.

14. Assignment

We may subcontract any part or parts of the services or products that we provide to you from time to time and we may assign or change any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

15. Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

16. No Waiver

No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

17. Data privacy

We process your personal data in accordance with our Privacy Policy which can be found here.

18. Referral Program Terms and Conditions

The ZUS Coffee Referral Program (″The Program″) allows Members to earn promotional coupon credits (“Credits″) toward future drinks purchases by referring friends to become new ZUS Coffee customers.
To participate, Members must agree to these terms, which become part of the ZUS Coffee Terms of Service. Capitalized terms that are not defined here will have the same meaning given to them in the ZUS Coffee Terms of Service.

18.1 How to Earn Referral Credits

Members can earn Credits if: (i) a referred friend clicks on their referral link to create a valid ZUS Coffee account that complies with our Terms of Service; and (ii) the referred friend completes a Qualifying Drinks Delivery (as defined below). The referring Member can not earn Credits for any reservation which they complete themselves.

The referring Member will be credited with the Credit amount(s) specified in the website or app on the the completion of the referred friend″s qualifying purchase ie after delivery. 

The maximum referral credit that can be earned per Member is up to 15 successful referrals irrespective of the amounts earned. These referral credits are earned in respect of Qualifying Purchases and made by referred friends, unless indicated otherwise in the referral invitation or accompanying promotional materials. 

18.2 Qualifying Purchases

A Qualifying Purchase must have the minimum total value indicated in the referral invitation, accompanying promotional materials, ZUS Coffee website, or ZUS Coffee mobile application for that type of reservation. 

Note that we reserve the right to change the minimum total value at any time. The Qualifying Purchase must be done and paid for via the ZUS Coffee platform, and the referred friend must complete the delivery before the referring Member can receive Credits. A purchase will not be considered a Qualifying Purchase, and therefore no Credits will be earned, if the referring Member is the Purchaser or if the delivery is cancelled at any time.

18.3 Redeeming Credits

Credits may only be redeemed via the ZUS Coffee Platform. Once earned, Credits will appear as Credit on the referring Member″s Referral and checkout page, but you may need to enter a code at checkout to redeem the credit. Credits must be used within one year from the date they are issued, after which they will expire. Credits are coupons issued for promotional purposes; they have no cash value and may not be transferred or exchanged for cash. Credits may not be earned by creating multiple ZUS Coffee Accounts. Credits accrued in separate ZUS Coffee accounts may not be combined into one ZUS Coffee account. 

If for any reason you believe that there is a discrepancy regarding your balance of Credits, please contact us. ZUS Coffee may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at ZUS Coffee’s sole discretion.

You are responsible for any Tax consequences, if any, that may result from your redemption or use of Credits. Where applicable, ZUS Coffee may be required to account for SST on any services for which the Credits are redeemed.

18.4 Sharing Referral Links

Referrals should only be used for personal and non-commercial purposes. Referral links may not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. Members are prohibited from ″spamming″ anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Members are prohibited from paying to advertise their referral links.

 

18.5 Referred Friends

Referred friends who have signed up using a valid referral link will also receive credit in the form of a coupon or coupons in the amount(s) indicated in the referral invitation or accompanying promotional materials that can be used on their next Qualifying Purchase on ZUS Coffee. Coupon codes that are not automatically applied must be entered during checkout. Coupon codes may not be transferred to another person, exchanged for cash, or combined with other ZUS Coffee referral programs or incentives. Each coupon code may only be used on www.zuscoffee.com in conjunction with the booking of a single eligible ZUS Coffee drinks that meets the minimum total value indicated in the referral invitation, accompanying promotional materials, ZUS Coffee website, or ZUS Coffee mobile application for that type of reservation.

Coupon codes expire one month from when you sign up for an ZUS Coffee account. Offer available while seats last. ZUS Coffee reserves the right to any remedy, including cancellation of your account or reservations, if fraud, tampering, violations of these terms or ZUS Coffee’s Terms of Service or Payments Terms of Service, or technical errors are suspected. Void where prohibited. If your reservation later qualifies for a refund, the maximum refund you may receive is the amount you actually paid.

18.6 Multiple Referrals

A referred friend may only use one referral link. If a referred friend receives referral links from multiple Members, only the Member associated with the referral link actually used by the referred friend will receive Credit. The Program may not be combined with other ZUS Coffee referral programs or incentives.

18.7 Severability

If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

18.8 Termination and Changes

ZUS Coffee may suspend or terminate the Referral Program or a user″s ability to participate in it at any time for any reason. We reserve the right to suspend accounts or remove Credits if we notice any activity that we believe is abusive, fraudulent, or in violation of the ZUS Coffee Terms of Service or Payments Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.
The scope, variety, and type of services and products that you may obtain by redeeming Credits can change at any time.

19. Vouchers codes and promotional credits Terms and Conditions

ZUS Coffee makes available from time to time: (i) Vouchers (which are promotional credits that may be offered by us and (ii) Account Credit (which is credit that may be applied to a customer’s account at ZUS Coffee’s discretion). Vouchers and Account Credits both operate as credits applying to a customer’s ZUS Coffee account, redeemable (subject to conditions, as set out below) against the cost of Items. Vouchers and Account Credits are referred to collectively in these terms (the Credit Terms) as Credits.
These Credit Terms apply to your use of any Credits to pay for Items using the ZUS Coffee Service. These Credit Terms apply together with the ZUS Coffee Terms and Conditions of Service, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms have priority. Capitalised words used in these Credit Terms have the same meanings as in our Terms of Service unless they are defined in these Credit Terms.

19.1 Applying a voucher code

You can ″apply″ a voucher to your account by (i) entering the Voucher code (if any) at the point you place an order, or (ii) by adding any reward that we make available to you in the ″Your offers and rewards″ section of your account page. Unless otherwise stated, a voucher that has been applied to your account will remain there until it is ″redeemed″ against an eligible order, or expires (whichever is sooner). Account Credits are Credits that we apply to your account ourselves. In either case, once any Credit has been applied to your account, the amount of the Credit remains on your account until redeemed as payment for Items, unless it is lost, or, in the case of Vouchers, it expires in accordance with the terms of that Voucher. The reasons why Credits may be lost or Vouchers may expire are set out in these Credit Terms.

19.2 Terms and conditions of voucher code and promotional credit

Vouchers offered in a particular country and currency may be subject to geographical restrictions that mean they cannot be used in a different country or currency. Vouchers are usually offered subject to conditions, such as time limits, geographic limits, limits to particular categories of customer (e.g. new customers), or use only at a particular menu item. If conditions apply they will be stated when we offer the Voucher.
Some Vouchers are only available to new customers (“New Customer Vouchers”). That means that the Voucher is applied (subject to any other applicable conditions) automatically when the Customer registers a new ZUS Coffee account and will be redeemed when the Customer places their first eligible order. ZUS Coffee reserves the right to refuse to apply and/or allow you to redeem a new customer Voucher if you are registering a new account using credit card details or a delivery name and address and phone number already on our system.
Use of a Voucher in payment or part-payment may also be subject to specific conditions applicable to that Voucher only, such as a specific minimum order value or that the Voucher may only be redeemed at on specific Items. If the order placed does not comply with the applicable conditions, the Credit may not be redeemed against that order. The payment page on our Site where you confirm your order for Items will show the total order value and the applicable Voucher, if any. If there is a Voucher credit on your account which does not apply to your order, it will not appear on the payment page. At that point you will have the choice of paying in another way or cancelling the order.
Unless we tell you otherwise, all Vouchers must be redeemed within one calendar month of the date they are applied. Only one Voucher can be redeemed per order. Each Voucher can only be used once per customer. If you have more than one eligible Voucher applied to your account when you place an order, the Vouchers are redeemed in order of expiry date, with the Voucher expiring the earliest redeemed first . 
Vouchers cannot be redeemed in conjunction with any other ZUS Coffee offer.
If you cancel an order made using a Voucher, the Voucher credit will not be restored to the account and the Voucher cannot be re-used. If the Voucher was a New Customer Voucher, you will no longer be a new customer and will not be eligible for any subsequent new customer Vouchers. We reserve the right to not honour the voucher code if we believe the above terms and conditions have not be met.
Item orders are generally subject to minimum order values, which continue to apply regardless of whether payment or part-payment is by way of a Credit.
Credits cannot be exchanged for cash or any other alternatives and have no monetary value.
Any attempt to manipulate our Site and our offers of Credits by use of bulk entry via third parties or syndicates, macros, ″script″, ″brute force″, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and the relevant Credit invalid. ZUS Coffee is entitled to take all reasonable steps to protect itself against fraudulent or invalid Credit redemptions, including requiring additional reasonable verification close the accounts of any customers it reasonably believes have carried out any such acts.