Work@holic App Terms of Service

 

Summary

 

This is a plain English summary of our Terms of Service written in non-legal language. It is only an outline of the complete Terms of Service. By using the Services, you agree to the complete Terms of Service below.

 

Passionate Performance Enterprise (002599522-U) (“PPE”) allows you to make purchase coffee and other beverages at participating outlets (“Work@holic Outlet”) in our network. You can make purchase a pre-paid plan

 

Plans covers all non-coffee drinks such as tea, hot chocolate and all espresso-based drinks such as espresso, americano, latte, cappuccino, and iced versions of all drinks.

 

PPE requires an Apple or Android mobile device with an active data connection. If you do not have one, the app is unable to make order or any transaction.

 

The Full Terms of Service

 

Passionate Performance Enterprise (002599522-U) (“PPE”) provides a mobile application (the “App”) for purchasing drinks from participating providers (“Work@holic outlet”). These Terms of Service (“Terms”) govern your access and use of the App and other services that we may provide (collectively, the “Services”). “User” or “you” means an individual or entity end user of the Services. Please read these Terms carefully. You must accept these Terms prior to using the Services. By using the Services, you signify your consent to these Terms, including without limitation all terms herein regarding our collection, use and storage of data (our “Privacy Policy”). We may modify these Terms from time to time, in which event PPE shall make commercially reasonable efforts to contact you in respect of any material changes. Notwithstanding the foregoing, your continued use of the Services after any changes to these Terms will be deemed acceptance of such amended or updated Terms. If you do not agree to any of these Terms, please do not make any use of the Services.

 

Use of Services

 

PPE allows you to access and use the Services, subject to these Terms, for your own personal use. You may not use the Services in connection with any other commercial endeavour. You may not create more than one account per individual or mobile device, and you may not access any account other than your own. PPE may, in its sole discretion and at any time, discontinue providing the Services or any part thereof without notice. Use of and access to the Services is void where prohibited by law. By using the Services, you represent and warrant that any and all registration information you submit is truthful and accurate; you will maintain the accuracy of such information; you either are 18 years of age or older, or else have the permission of your parents or guardians to use the Services and your use of the Services does not violate any applicable law or regulation or any obligation.

 

Account Registration

You may register to use the Service by verified mobile number. By registering through a mobile number you represent and warrant that such account is yours and you have all right to provide us with the information in such account according to the terms and conditions of those services. We may terminate your use of the Service without notice if others use your account inappropriately by others, or if you or anyone using your account violates these Terms. If your account is terminated, you may not rejoin the Service again without our express permission. You agree to immediately notify us of any unauthorised use of your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if you were not aware of or did not authorise such activities. PPE will not be liable for any losses or damage arising from unauthorized use of the Service, and you agree to indemnify and hold PPE harmless for any improper or illegal use of the Service, and any charges and taxes incurred, unless you have notified us via e-mail at general@workaholic.my that your account has been compromised. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

 

Termination of Account

 You agree that PPE may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Services any content associated with your account. Grounds for such termination may include

extended periods of inactivity

 

violation of the letter or spirit of these Terms

 

unreasonable use of the Plan (as defined below)

 

fraudulent, harassing or abusive behaviour

 

behaviour that is harmful to other users, third parties, or the business interests of PPC.

 

If PPE believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal or inappropriate use of the Services. You may request termination of your PPE account at any time and for any reason by sending an email to general@workaholic.my. Any suspension, termination, or cancellation shall not affect your obligations to PPC and its licenses under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

 

Purchasing & Plans

 

The Services can be used at participating Work@holic Outlets. We reserve the right to add or remove participating Work@holic Outlets at any time in our sole discretion. We will however use reasonable efforts to publicize such changes using appropriate channels. PPE functions as a redemption platform, offering our users the ability to redeem their purchased coffee and other beverages at participating locations, through the app, with a payment method of their choice made within Work@holic Outlets. These purchases are tracked over time, and in aggregate, once a month. Users can view a detailed report of their spending on the app’s History page.

We also offer one types of plan (“Plan”):

 

Pre Purchased Beverage (“Prepaid Plan”)

Plan includes: brew, drip, pour-over, and filter coffee, as well as tea, and regular iced coffee and tea, espresso-based drinks such as an espresso, latte, cappuccino and all iced versions of the aforementioned drinks. Items included in our options may change from time to time without notice. Prepaid plans must be used within twelve (12) months of activation. Plans are personal and may not be transferred or assigned to other individuals. Plans are also mobile number-specific. If you wish to change the mobile number to which your Plan is linked, please contact us at general@workaholic.my. We reserve the right not to authorize any such requests.

 

Additional Purchases

Only the beverages described above are included in the price of your Plan. While we take care in the selection of our Work@holic Outlet partners, we are not responsible for Work@holic Outlet customer service or the pricing, quality, availability, or accuracy of descriptions of food or other menu items that Work@holic Outlet may offer. If your payment information is inaccurate or out of date, we may disable your ability to make charges for items outside the scope of your Plan.

 

Suspension

If you are unable to use your Plan, due to the loss of the mobile number, a defect in the App which prevents utilising the Plan, in cases of physical absence (such as a trip abroad) or in cases of ill health, please contact us immediately at general@workaholic.my. PPE will determine in its sole discretion whether or not a Plan suspension or a refund is appropriate under the circumstances.

 

Refunds

 PPE does not provide refunds for unused portions of a Plan, unless such lack of use was the fault of PPE. PPE may chooses to accept refunds requests and to process refunds in specific cases.

 

Termination

In the unlikely event of PPE terminating your Plan and/or Account due to termination of the Service we will provide you with thirty (30) days notice and will allow you to use your Plan for a period of thirty (30) days from the date notice of termination is delivered [or the period remaining on the Plan, whichever is shorter. You may terminate a Plan by providing PPE with two (2) business days’ written notice prior to the end of the Plan. You will receive confirmation of termination within seven (7) business days.

 

Placing Orders

 Use the App to place orders in participating Work@holic Outlets.

Here's how it works

 Select the outlet you would like to redeem the beverage from.

 Select the beverage and choose the number of beverage to redeem.

Wait for cashier of respective Work@holic outlet to accept your order in which a countdown timer of five (5) minutes will appear at your screen. Acceptance of order may take up to three (3) minutes.

 

In the event that there are no responds to your order, a notification will appear and the number of cups credit in your account will not be deducted.

We reserve the right to determine and change the definition of fair and reasonable usage in our sole discretion. It is your responsibility to remain updated as to the status of your Plan and/or orders. You may do so by checking the App or by contacting us at general@workaholic.my.

 

Reload

 

You can reload your Plan through any Work@holic Outlets.

Here's how it works

Choose the Plan – 5 Cups or 10 Cups

Inform the register on your plan and make the payment

Select “Reload” in your app and key in the code presented by the register

Notwithstanding the foregoing, PPE cannot and does not take any responsibility or liability in respect of the quality of any of the drinks and/or other products provided in any Work@holic Outlets and/or by any third parties. Work@holic Outlets cannot and does not take any responsibility or liability in respect of actions, errors or omissions of any Work@holic Outlets and/or by any third parties.

 

Promotions

PPE may use coupons, credits (including referral credits) or free PPE (“Promotional Credits”) for promotional, incentive, or loyalty purposes, to reward or recognize certain Users, or for any other reason it may choose. Limitations:

Promotional Credits are not eligible for refunds and cannot be exchanged for cash (except to the extent required by law).

Promotional Credits can only be redeemed once, and are valid for any purchase in the app except tips.

Promotional Credits we provide to you is only redeemable in respect of the goods or services as advertised in the specific deal on our app.

Promotional Credits can't be combined with other offers, coupons or promotions, unless otherwise specified by PPE.

Promotional Credits are your sole responsibility. Neither we nor the Work@holic Outlets will be responsible for damaged, lost or stolen Coupons.

PPE reserves the right to terminate, change the conditions of, or otherwise limit Promotional Credits in its sole discretion and without notice.

 

Promotional Credits are subject to expiration dates.

Promotional Credits are personal and cannot be resold, transferred to, or redeemed by, anyone else.

 

Payment

PPE may revise prices for new Plans and Plan renewals at any time. Cancellation of a Plan may be subject to fees. We also reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorised use of a credit card, debit card, or other payment method.

 

Intellectual Property

PPE and its licensors own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sub-license, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services or any information, materials, forms, and data available through or displayed on the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of PPE or any third party.

 

Restrictions

 

Except as set forth expressly herein, you shall not, and shall not permit any third party, to decipher, decompile, disassemble, or reverse engineer or attempt to find the underlying code of the Services; circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; use the Services in connection with any commercial endeavours in any manner; use any robot, spider, site search or retrieval services, or any 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 Services; harvest, collect or mine information about other users of the Services; use or access the account or password or another User; modify the Services, or in any other way manipulate the Services; or modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Services except as expressly permitted by these Terms.

 

Disclaimers and Disclaimer of Warranty

Your use of the Services is at your sole discretion and risk. The Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from PPE. You should always check any information provided through the Services to ensure its accuracy. PPE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Services, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PPC DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Services; OR THAT THE Services WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Services.

Content on the Services originates from a variety of sources, including Google Maps. PPE attempts to be as accurate as possible. HOWEVER, PPC DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time without prior notice (including after you have submitted an order).

WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORISED USERS) OR OF ANY PERSONS WORKING OR REPRESENTING THE WORK@HOLIC OUTLETS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

No advice or information, whether oral or written, obtained by you from PPE, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

PPE content and Work@holic Outlet information is made available to users for information purposes only. While we make our best efforts to keep Work@holic Outlet information up-to-date, we cannot make any guarantees of its completion or accuracy. We still welcome feedback from users about the content of PPE.

 

Limitation of Liability

IN NO EVENT SHALL PPE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Services OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE Services, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL PPC' CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO PPC FOR USE OF THE Services. IF YOU HAVE NOT MADE ANY PAYMENTS TO PPC FOR THE USE OF THE Services, THEN PPE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

In addition to the foregoing, PPE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure. PPE is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or downloading materials in connection with the Services. UNDER NO CIRCUMSTANCES SHALL PPC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.

 

Indemnification

You agree to indemnify, defend, and hold harmless PPE and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from:

 

breach of these Terms by you or anyone using your computer or password; any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services, including any transactions that you conduct or attempt; your violation of any law or regulation; your infringement of any right of any third party; and any other matter for which you are responsible hereunder or under law. You agree that your use of the Services, including, without limitation, provision of services in connection with the Services shall be in compliance with all applicable laws, regulations and guidelines.

 

App Stores: Apple & Google Play

 The following terms apply if you purchased a copy of the App through the Apple App Store. Apple is not responsible for addressing any claims related to the App, including, but not limited to:

 product liability claims

 any claim that the App fails to conform to any applicable legal or regulatory requirement

claims arising under consumer protection or similar legislation; and

claims that the App infringes the intellectual property rights of any third party.

To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

 

Miscellaneous

These Terms shall be governed by the law of Malaysia. Your use of the Services, the Site and the App may also be subject to other local, state, and federal laws. Any action to be brought in connection with these Terms or the Services shall be brought exclusively in the courts in Malaysia and you irrevocably consent to their jurisdiction. Any cause of action against PPE must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and PPE or authorises you to act on behalf of PPE. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between PPE and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby cancelled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account or account of any social networking site that you provided upon registration.