PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO ACCESSING OR PARTICIPATING OR USING THIS WEBSITE OR COSTA COFFEE APP AND RELATED DIGITAL PLATFORMS. YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL OTHER TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE, COSTA APP AND/OR ANY OTHER RELATED DIGITAL PLATFORMS (“COLLECTIVELY REFERRED TO AS “THE PLATFORMS”).

Overview

The Platforms are operated by Gapurna Permai Sdn Bhd (“GPSB”). Throughout the Platforms, the terms “we”, “us”, “our” and “Costa” refer to GPSB or Costa Coffee. GPSB offers the Platforms, including all information, tools and services available from the Platforms to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. For the purpose of these Terms and Conditions, “Third Party” shall refer to all parties other than GPSB, its directors and/or employees.

By visiting the Platforms and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions ”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Platforms, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using the Platforms. By accessing or using any part of the Platforms, you agree to be bound by these Terms and Conditions . If you do not agree to any of the Terms and Conditions,, then you should not access the Platforms or use any of the services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the Platforms shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to the Platforms. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platforms following the posting of any changes constitutes acceptance of those changes.

Disclaimer Note: GPSB or Costa Coffee do not share the same corporate entity as Costa Coffee Express. We disclaim any liability for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lostprofits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Costa Coffee Express machines. For any inquiry in relation to the Costa Coffee Express Machines, you may contact talkous@costaexpress.my.

Section 1 Eligibility, Registration and Account

The Platforms are not targeted towards, nor intended for use by, anyone under the age of 18. If you are under 18, you may only use the Platforms under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

In order to participate in certain areas of the Platforms, you will need to register for an account. You agree to

create only one account;
provide accurate, truthful, current and complete information when creating your account;
maintain and promptly update your account information;
maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;
promptly notify GPSB if you discover or otherwise suspect any security breaches relating to the Platforms; and
take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Section 2 Accuracy, Completeness and Timeless Information

We are not responsible if information made available on the Platforms is not accurate, complete or current. The materials on the Platforms are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the materials on the Platforms are at your own risk.

The Platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Platforms at any time, but we have no obligation to update any information on the Platforms. You agree that it is your responsibility to monitor changes to the Platforms.

Section 3 Modifications to the service and prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

Section 4 Copyright and Limited License

Unless otherwise indicated, the Platforms and all content and other materials therein, including, without limitation, the Costa logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "the Platforms Materials") are the proprietary property of Costa or its licensors or users and are protected by Malaysia and international copyright laws.

You are granted a limited, non-sub licensable license to access and use the Platforms and the Platforms Materials for personal and informational purposes only. Such license is subject to the Terms and does not include:

any resale or commercial use of the Platforms or the Platforms Materials;
the collection and use of any product listings, pictures or descriptions;
the distribution, public performance or public display of any of the Platforms Materials;
modifying or otherwise making any derivative uses of the Platforms and the Platforms Materials, or any portion thereof;
use of any data mining, robots or similar data gathering or extraction methods;
downloading (other than the page caching) of any portion of the Platforms, the Platforms Materials or any information contained therein, except as expressly permitted on the Platforms; or
any use of the Platforms or the Platforms Materials other than for its intended purpose.
Any use of the Platforms or the Platforms Materials other than as specifically authorized herein, without the prior written permission of Costa, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

Section 5 Trademark Information

Costa and the Costa logo (“Costa marks”) are registered trademarks of Costa International Limited, together with all rights, title and interest in and to the Costa marks and the goodwill associated with and symbolised by them. All other Costa trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Platforms are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Costa International Limited or its affiliates or licensors. Other product or company names referred to on the Platforms may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Costa or our affiliated companies or any third party without permission from us, Costa International Limited or the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin.

You undertake not to do anything to prejudice or damage the goodwill in the Costa marks or our reputation, and you shall not do anything which is likely to bring the trademarks into disrepute.

You will, under no circumstances, apply for registration of any trademark in respect of Costa marks or any part of them, or colourable imitations of the same in any jurisdictions worldwide.

Your use of the Costa marks does not give you any ownership interest or other interest in or to the Costa marks

We reserve the right to substitute, add to and/or withdraw these marks at any time, if the present Costa marks can no longer be used. In such circumstance, the use of the substituted marks shall be governed by the Terms here.

You will not directly or indirectly contest the validity of, nor take any other action which leads to jeopardize our right to use the Costa marks.

Section 6 Confidentiality

You acknowledge that, whether by virtue of and in the course of you accessing and using the Platforms or otherwise, you may receive or otherwise become aware of information relating to Costa business, customers, technology or information of third parties, which information is proprietary and confidential (“Confidential Information”).

You undertake to maintain the confidentiality of Confidential Information at all times and not at any time, directly or indirectly, to use, disclose, exploit, sell, copy or modify any Confidential Information, or authorise or permit any third party to do the same, other than for the sole purpose of performing your obligations under the Platforms.

You are liable and shall fully indemnify us and our Costa Principal and all related parties for all loss and damage incurred by us due to your breach or non-compliance with this Confidentiality clause, including being subject to any injunctive and specific relief due to us, if any.

All Confidential Information provided in the Platforms shall remain at all times vested with us and belonging to us. This confidentiality clause shall be applicable at all times, and shall survive the completion of our services, or your obligations.

Section 7 Third party content

We may provide third party content on the Platforms and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We may also provide delivery and other services available in the Platforms which are carried out by third parties (“Third Party Services”). We do not control, endorse or adopt any Third Party Content or Services and can make no guarantee as to its liability, accuracy, completeness, operations, terms and conditions etc. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content or Services and undertake no responsibility to update or review such Third Party Content or Services. You agree to use such Third Party Content and Services contained therein at your own risk.

Section 8 Terms and Conditions applicable exclusively to Costa Coffee (Malaysia) App (“Costa Coffee”)

Section 8.1. Orders

When you place an order (“Order”) with Costa Coffee, Costa Coffee will confirm your Order under the Activity button where you will be able to view the status of your Order.

Minimum Order Value – No minimum order value required.

Special Instructions – Costa Coffee reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, Costa Coffee reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Costa Coffee shall not be responsible to replace or refund an Order which does not conform to special instructions provided by you.

Once you select the store, you will be taken to that store’s menu page for you to select and add your Orders to the cart.

Section 8.1.1. Placing the Order

To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, pick up details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “CONFIRM ORDER”. An Order is successfully placed when you receive a confirmation order number containing your Order from us.

Section 8.1.2. Cancelling an Order

Once all orders are made on the COSTA COFFEE App, they are considered final and accepted by the selected store of Costa Coffee. No cancellation is allowed.

Section 8.2. Refunds

Section 8.2.1. When you will be refunded:

You have the right to a refund only in the following cases: -

When the item ordered has been SOLD OUT/li>
The coffee machine is out of order.
Costa Coffee reserves the right to refund at its discretion in the following cases:

if a product is found to not be of reasonable quality;
if a product is missing (defined as product not found or included in your order);
if a wrong product is served to you.
You may request for a refund via texting our customer service at +6016230 9574.

Section 8.2.2. Refund Method:

The Refund method shall be the following options, and it can only be done via physical stores:

Replaced with same item/product (if available in stock); or
Replaced with other items/product of the same or higher value. If the replaced item is of a higher value, you will have to top up the difference between the product of higher value compared to the value of the replaced item/product; or
By converting the total value of the replaced item/product into Beans* for redemption at a later date and deposited into your individual customer App Account within 14 working days.
*Beans earned in your App Account are valid for a period of one (1) year from the date of your last transaction. After the period of one (1) year without any transaction, the Beans accumulated will expire / be forfeited.

There is strictly a no Cash Refund Policy for Costa Coffee.

Costa Coffee reserves the right to cancel any Order and/or suspend, deactivate or terminate your App account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your App account and/or with your Order.

Section 8.3. Prices and Payments

Prices quoted on the App shall be displayed only in Ringgit Malaysia (MYR) and are exclusive of sales & service tax (“SST”). If the Prices or any portion of them are subject to SST, Costa Coffee will collect from you the SST at the prevailing rate.

For Orders via Hand Delivery, a RM2.00 Service Charge per order will be applicable.

For Orders via Delivery partners, you hereby agree and authorize Costa Coffee to source for delivery on your behalf and you have the obligation to pay the applicable delivery fees to the party performing the delivery and to authorize Costa Coffee to pay on your behalf, where applicable.

A breakdown of the prices, additional charges and amount of taxes are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges, amount of taxes and the final ‘Total’ amount which is displayed to you.

For Self- Collect, you must collect your Order directly from the designated Costa Coffee Stores selected by you on the App (“Pick-Up”);

If you have a valid promotional or discount voucher, you can opt to apply it at Checkout; or unless stated otherwise.

Prices indicated on the App are as at the time of each Order and may be subject to change from time to time without prior notice.

You can choose to pay for an Order using any of the different payment methods offered on the App including:

Our payment partners: Visa, Mastercard, FPX and participating E-Wallet brands;
Any other payment method we offer from time to time; and
Cash transaction will not be accepted
If you have existing credit in your App account or valid promotional or discount vouchers, you can use this to pay for part or all your Order as the case may be.

After an Order is successfully placed, you will be able to view the status of your Order under the “Activity” button as stated at the bottom of the App’s layout. Only where the status is shown as “Complete”, your Order and payment has gone through.

Section 8.3.1. Payment Methods

Costa Coffee reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s), Ipay88, or any other service provider which shall be appointed by Costa Coffee from time to time, and you will be subjected to the third party terms and conditions. With your consent, your credit card /payment information will be stored with our third-party payment service provider(s) for future orders. Costa Coffee does not store your credit card or payment information. In times of dispute of payment by Customer, Costa Coffee shall be excluded from any liability where payment has not been disbursed to Costa Coffee by the third-party payment service provider.

Section 8.4. Earning and Redemption of Beans

If a customer is registered as a loyalty member via the Costa Coffee Malaysia App, there will be an entitlement of 1 bean (1 point) for every RM 1 spent. These points can either be earned and accumulated via the Costa Coffee Malaysia App or physically at the Costa Coffee Stores by informing the staff and presenting the Digital Membership Card.

Upon accumulating the beans, you will be entitled to cash vouchers which you may present on the App for your redemption from time to time. The Company reserves the right to create different cash vouchers from time to time without prior notice given to you.

Beans earned in your App Account are valid for a period of one (1) year from the date of your last transaction. After the period of one (1) year without any transaction, the Beans accumulated will expire / be forfeited.

These beans are strictly collectable with in-app purchase or direct purchase from any Costa Coffee Retail Stores only. The mode of collection is not available in any other third-party platforms which the Company may partner up with from time to time.

The Company reserves the right to set, alter, revise, or revoke any part of this promotion or the earning and redemption value of the beans as it deems fit, without prior notice.

Section 8.5. No-show, Cancellations and Delays by the Customer for Self-Collect, Hand Delivery, Delivery Partner & Delivery via Grabfood

Self- Collect

If the order is not picked-up within 10 minutes after the specified Pick -Up Time, the drink will be disposed, and the order will be cancelled as the drink needs to maintain the food and safety standards. Such drink purchased shall not be refunded nor will there be a remedy to you. The food ordered may still be picked-up (but only if it’s within 30 minutes from the time the order is placed) and another order of the drink may be placed and billed to you as a separate order. This shall not be free nor discounted.

Hand Delivery

If you remain uncontactable or fail to accept the Order within ten (10) minutes after the lapse of 30 minutes (ie 40 minutes), Costa Coffee reserves the right to cancel the Order without refund or remedy to you.

Delivery Partner & Delivery via Grabfood

Costa Coffee does not provide logistics for any delivery. Costa Coffee appoints various delivery partners or collaborations with logistic partners for the purpose of delivering our orders. You are subjected to the terms and conditions laid out by such partner. Costa Coffee shall not be liable for any loss of orders or delay in delivery. Costa Coffee will be the contacting point for contact for such error only. In the event where refunds are warranted, at the sole discretion of Costa Coffee, we will process such refunds. Costa Coffee’s liability shall be excluded when the orders have been collected by third-party’s rider. Once an order has left the Costa store, Costa Coffee disclaims liability on the order, and the order will be subject to the terms and conditions of the third-party delivery provider.

Section 8.6. Wrong Order, Missing Items, Defective Goods for Self-Collect

You are required to check and confirm your orders upon pick up and before leaving the store. Any discrepancy or missing / incomplete orders must be notified immediately. We won’t be held accountable for any discrepancy or missing items once you have left the stores.

Costa Coffee reserves the right to refund only at its discretion if a product is found to not be of reasonable quality, missing or the wrong order. Please see Refund Policy above for refund methods.

Section 8.7. Wrong Order, Missing Items, Defective Goods for Hand Delivery

You are required to check and confirm your Order upon receiving the Order. Any discrepancy or missing / incomplete Orders must be notified immediately. Any rejected items will be taken back by the Delivery personnel. We won’t be held accountable for any discrepancy or missing items once you have accepted and acknowledged the delivery.

Costa Coffee reserves the right to refund only at its discretion if a product is found to not be of reasonable quality, missing or the wrong order. Please see Refund Policy above for refund methods.

Section 8.8. Wrong Order, Missing Items, Defective Goods for Third Party Delivery

You are required to check and confirm your orders upon receiving the order. Any discrepancy or missing / incomplete orders must be notified immediately, via the following modes:

By email: haszwanee@gapurnapermai.com
By mobile: +60162309574
Any complaints received by Costa will be subject to investigations. We won’t be held accountable for any discrepancy or missing items once you have accepted and acknowledged the delivery.

Costa Coffee reserves the right to refund only at its discretion if a product is found to not be of reasonable quality, missing or the wrong order. Please see Refund Policy above for refund methods.

Section 8.9. For Self-Collect

Your App confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The selected store will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The designated store agrees to hold the Order for you for no more than a reasonable period of ten (10) minutes from the Collection Time (“Holding Time”) and will not be able to provide the Drink order to you if you fail to Pick-Up your Order within the Holding Time. Please refer to the above “No-show, Cancellations and Delays by the Customer for Self-Collect and Hand Delivery” clause above for further details.

In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of the Order or any deterioration in quality or change in condition of the Order (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Order.

Section 9 Prevailing Provisions

In the event there is any conflict or inconsistency between these Terms and Conditions and any other terms of use that appear on the Platforms, these Terms and Conditions will prevail.

Notwithstanding the above, if you navigate away from the Platforms to our Costa Coffee App, you may be subject to alternative terms and conditions of use, as specified on Costa Coffee App. In such event, the terms and conditions on the Costa Coffee App shall always prevail.

Section 10 Returns and Refund Policies

You will have the right to a refund only in the following cases:-

When the item ordered has been SOLD OUT; or
The coffee machine is out of order.
We reserve the right to refund at our discretion in the following cases:

If a product is found not to be of reasonable quality;
If a product is missing (defined as a product not found or included in your order); or
If a wrong product is served to you
You may request for a refund via https://costacoffeemalaysia.com/#contact. Your request for refund will only be valid for investigation upon the proof of receipt and other form of media which supports your claims.

Section 11 Prices and Payments

Prices quoted on at our stores and our Costa Coffee App shall be displayed only in Ringgit Malaysia (MYR), unless display of other currencies are required at the sole discretion of GPSB. The displayed prices are exclusive of sales and service tax (“SST”). If the prices or any portion are subject to SST, Costa Coffee will collect from you the SST at the prevailing rate.

All Costa stores are cashless stores. We do not accept any form of cash at our counter. We only accept different payment methods as follows:

Visa, Mastercard, FPX and participating E-wallet brands;

Any other payment methods we offer from time to time; or
Vouchers issued by GPSB subject to the vouchers date of expiry and its terms and conditions.

Section 12 Vouchers, Discounts and Promotions

From time to time, Costa Coffee may run marketing and promotional campaigns which offer voucher codes, discounts and other promotional offers to be used in the stores (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.

Vouchers cannot be exchanged for cash.

Costa Coffee reserves the right to void, discontinue or reject the use of any Voucher without prior notice.

Section 13 Special orders and delivery

You may contact https://costacoffeemalaysia.com/#contact for any special orders such as, catering, bulk orders, Costa Coffee merchandize acquisition, event sponsorship or any orders above RM250.

Costa Coffee will require, at least 4 hours to 48 hours in advance to process your order, depending on the nature of the order. Upon receiving your order, Costa Coffee personnel will be in touch with you to finalize the details of your orders. Please do not make payment prior to receiving an invoice from us. Confirmation of sales and order is only upon issuance of invoice from us, and receipt of full payment from you.

Section 14 Advertisement and Promotions; Third-Party Products and Services

We may display advertisements and promotions from third parties on the Platforms or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.

We are not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or promotions or as a result of the presence of such non-Costa advertisers or third-party information on the Platforms. You agree and undertake not to hold us responsible or liable for any loss or damage as a result of any misleading information furnished or published or unsatisfactory products or services by the said third party.

Section 15 Restriction on Use

The Platforms may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Platforms ("User Content"). By using the Platforms, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Platforms any of the following:

Unless specifically requested by Costa, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, personal identification numbers, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, sexually explicit, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and/or publish such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
User Content that constitutes, encourages or provides instructions for a criminal offense, incites hatred of any nature, violates the rights of any party, or that creates liability or violates any applicable local, state, national or international law;
Viruses, spyware, Trojan horses, Easter eggs or any other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of Costa, is objectionable, restricts or inhibits any other person from using or enjoying the Platforms or which damages the image or rights of Costa, other users or third parties or intended to discredit Costa.
We do not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for legal consequences, nor are we liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and the contents that you choose to post may be displayed publicly. You are solely responsible for your use of the Platforms and agree to use the interactive areas at your own risk.

If you become aware of User Content that you believe violates these Terms, you may report it by leaving a remark to Costa Customer Care at https://costacoffeemalaysia.com/#contact. Enforcement of these Terms, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Platforms will not contain any content that is prohibited by these Terms. We reserve the right, and has absolute discretion, to remove, screen or edit any User Content on the Platforms at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Platforms at your sole cost and expense.

If you are viewing the Platforms on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Platforms and the computer system you are using to prevent unauthorized User Content.

Section 16 Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss, including any leak and distribution of your personal data, caused or alleged to be caused by any computer hacking incident or other cyber crimes affecting the Platforms.

In no case shall GPSB, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 17 Indemnification

You agree to indemnify, defend and hold harmless GPSB, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 18 Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using the Platforms.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate your use of the Platforms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 20 Jurisdiction and Compliance with Laws

Access to and use of the Platforms and these Terms are governed by the laws of Malaysia, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Platforms or these Terms shall be instituted only in the courts of Malaysia. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. In case of any conflict between the provisions of the English version of these Terms and those of any other language version, the English version will prevail.

Section 21 Personal Data Protection Act (“PDPA”) 2010

You agree and consent to us and Costa Coffee and any of our affiliate companies collecting, using, processing and disclosing your personal data in accordance with these Terms and Conditions and as further described in our Privacy Policy. Our Privacy Policy is available via the Platforms and shall form part of these Terms.

Section 22 Allergens

As we use shared equipment, we cannot guarantee that our handcrafted beverages or delicious foods are suitable for people with allergies.

Contact us

Please do not hesitate to contact us with any comments, feedback, review, questions or suggestions you might have regarding the information described in the Terms at https://costacoffeemalaysia.com/#contact.