PRIVACY POLICY

 

 

Terms of Use

Welcome to The Beer Factory App, a digitized loyalty and membership platform for The Beer Factory. These terms of use (“Terms of Use”) govern your access to and use of the Platform, whether as a guest or a registered user, and provide you with an understanding on the Platform for a safe and pleasurable visit.

 

ACCEPTANCE OF TERMS

By visiting, browsing, adding information or creating an account at this Platform, you are deemed to have accepted these Terms of Use in full with effect from the date you first use this Platform. If you do not agree to these terms, please immediately discontinue use of the Platform. We reserve the right to change these Terms of Use from time to time in our sole and absolute discretion without notice. Such changes will become effective and binding immediately upon posting to this Platform and you will be deemed to have accepted such changes by your continued use of this Platform.

 

YOUR PRIVACY

We respect and are committed to protect your privacy. Please refer to our Privacy Policy, which forms part of these Terms of Use.

 

USE OF PLATFORM

You represent and agree that you will not use this Platform, nor allow anyone to use this Platform, (a) contrary to The Beer Factory’s reputation, public image, or goodwill, (b) in violation of any law, regulation, ordinance or court order, (c) in any manner that could damage, disable, overburden or otherwise impair the ability of The  Beer Factory to make this Platform available to other users or to interfere with the use and enjoyment of this Platform by other users, (d) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, (e) to harass, intimidate, threaten or encourage any violence against any person, group or organization, (f) to transmit or otherwise disseminate any spam e-mails, viruses, corrupted files, spyware, malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, (g) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of The  Beer Factory, any other users or any third party, or (h) to engage in any conduct that could expose The  Beer Factory to civil or criminal liability or (i) to engage in any conduct that could be damaging, harassing or aggravating to any other The  Beer Factory users (“Prohibited Conduct”).

 

USER ACCOUNT

Only one account per user. You represent and agree that all information you provide in creating an account and placing orders for products and services through this Platform is truthful and accurate. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or The Beer Factory has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Beer Factory has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). Creating fraudulent accounts in order to manipulate the results of any contest on The  Beer Factory will result in disqualification. Any accounts related to unverifiable email addresses or mobile phone numbers will also be disqualified. The Beer Factory may, in its sole discretion, terminate or suspend any user’s account to all or part of the Platform for breach of any of these Terms of Use, or taking actions that are inconsistent with their intent. The Beer Factory shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms of Use or intent of these Terms of Use. You accept all responsibility for activities that occur under your username, account, and password, and for the accuracy of all information you submit when using this Platform. You are responsible for maintaining the confidentiality of your username, account and password and for maintaining security of your devices including restriction of access. You should notify us immediately if you determine or suspect that your account is being used without your authorization. You may contact us via email if you intend to terminate your account.

 

 

OUR ELECTRONIC COMMUNICATIONS TO YOU

You agree to receive communications from us electronically. We will communicate with you by email or SMS, as the case may be. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

INTELLECTUAL PROPERTY

This Platform and its contents are intended for your personal use. Unless otherwise noted, all content on this Platform, including text, graphics, images, logos and software, is the property of The Beer Factory or its third party content providers, and is protected under the applicable intellectual property laws. You may display, copy, download and print hard copy portions of content appearing on this app solely for your own non-commercial use, to make payment and redemption, or any other purposes as contemplated within the use of this Platform. Except for such expressly permitted uses of content appearing on this Platform, you may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, recompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any content appearing on this Platform, in whole or in part. Any unauthorized use of any content appearing on this Platform may violate copyright, trademark and other laws and could result in criminal or civil penalties. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your breach of this Section 10.

 

PROTECTING CHILDREN

We take special care to protect the safety and privacy of children. This Platform and any affiliated The Beer Factory  applications are general audience applications, but The Beer Factory  does not knowingly collect personal information from anyone under the age of 18 without parental consent. Children under the age of 21 should always ask their parents or guardians for permission before providing any personal information to anyone online.

 

 

LINKS TO THIRD PARTY APPS

This Platform may contain links to other apps on the Internet that are owned and operated by third parties. You agree that we are not responsible for the operation of or content located on or through any such app nor are we responsible for the actions of any third party. You shall refer to the third parties’ terms of use, privacy policy and any other policy governing their apps, platforms and related contents, products or services.

 

 

DISCLAIMER OF WARRANTIES AND LIMITED OF LIABILITY

This Platform and all information, content, materials, products and services included on or otherwise made available to you through this site are provided by The Beer Factory on an “as is” and “as available” basis, unless otherwise specified in writing. The Beer Factory  makes no representations or warranties of any kind, express or implied, as to the operation of this Platform or the information, content, materials, products (including software) or services included on or otherwise made available to you through this Platform, unless otherwise specified in writing. You expressly agree that your use of this Platform is at your sole risk. To the full extent permissible by applicable law, The Beer Factory  disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Beer Factory  does not warrant that this Platform, the information, content, materials, products or services included on or otherwise made available to you through this Platform, their servers or electronic communications sent from The Beer Factory  are free of viruses or other harmful components. The Beer Factory  will not be liable for any damages of any kind arising from the use of this Platform or from any information, content, materials, products or services included on or otherwise made available to you through this Platform, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may be entitled to additional rights.

 

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Beer Factory  and its affiliates, officers, directors, owners, employees, advisors and agents, from and against any and all claims, damages, liabilities and causes of action (including reasonable solicitor’s cost) arising out of or relating to your use of this Platform, your breach of these Terms of Use, your engaging in any Prohibited Conduct.

 

 

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement and supersedes any and all other understandings and agreements between you and The Beer Factory  with respect to the subject matter hereof and no representation, statement or promise not contained herein shall be binding on you or The Beer Factory. Although these Terms of Use may be updated or modified by The Beer Factory from time to time as set forth therein, The Beer Factory will not be bound by any other amendments or modifications to these Terms of Use, or any terms and/or conditions you include with any purchase order, unless expressly accepted in writing by The Beer Factory  in a written amendment expressly referencing these Terms of Use. These Terms of Use may not be supplemented or modified by any course of dealing or trade usage.

 

 

WAIVER

No failure or delay by us in exercising any right under these Terms of Use shall operate as a waiver of such right or extend to or affect any other or subsequent events or impair any rights or remedies in respect of or in any way modify or diminish our right under these Terms of Use.

 

 

GOVERNING LAW

These Terms of Use and your use of the Platform shall be governed by and construed in accordance with the laws of the Malaysia.