- Permitted Uses/Account Creation
- Availability of the Site
- Events Outside Our Control
- Ownership of the Site
- Transmission of Information
- Your Conduct on the Site
- Term of Payment
- International Use
- Order Acceptance and Pricing
- Wallet credit
- Data Security and Privacy
- Links to Third Party Sites
- Intellectual Property
- Claims of Copyright Infringement
- Reservation of Rights and Release
- Choice of Law
- User Rights
1. Permitted Uses/ Account Creation
The Site, Arabica Estate provides an online platform through which you can browse different types of products and related services (known as “Arabica Estate Offering (s)” or “ Offering(s)”) offered by our selected Merchants (individually and collectively known as the “ Merchant” or “ Merchants” ).
Terms of Sale
- You are an individual person at least 18 years of age;
- You possess the authority to create a binding legal obligation;
- You will need to create an account with Arabica Estatein order to obtain access to certain Arabica Estate services including to purchase Arabica Estate If you select to create an account with us, you agree that:
- You may create only one account for your personal use and when you register, you will obtain unique log-in credentials(“User ID”);
- You will automatically become a member of Arabica Estate, a company having an address at ( Address ) upon the creation of an Arabica Estateaccount;
- You are to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes;
- You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You may only make purchases through the Site for your own use and benefit, or, when offered, as a gift for another;
- You must safeguard your password and supervise the use of your account, and understand and agree that you are solely responsible for your User ID and the activity that occurs while signed in to or while using Arabica Estateusing your User ID;
If you violate any of the limitations set out in the above, we may terminate your Arabica Estate account with an immediate effect and, without limitation, we may at our sole and absolute discretion forfeit any pending, current or future Wallet credit (as defined below) accumulated or to be accumulated in your Arabica Estate account. Upon the termination of your Arabica Estate account by us, you are not allowed to create or register a new Arabica Estate account until and unless you are formally invited by us.
If you commit any fraud or falsify any information in connection with your use or access to the Site or in connection with your Arabica Estate account, we may terminate your Arabica Estate account with an immediate effect and, without limitation, we may at our sole and absolute discretion forfeit any pending, current or future Wallet credit (as defined below) accumulated to be accumulated in your Arabica Estate account and/or to hold you liable for all claims and damages arises there from by pursuing legal action against you and to notify your internet service provider of any fraudulent activity(ies) associated with your use of the Site.
2. Availability of the Site
You acknowledge that Arabica Estate provides the Site “as is”, “with all faults” and “as available”. While we use all reasonable efforts to keep the Site accessible, the Site may be unavailable and/or interrupted from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, your access to the Site may be interrupted, suspended or terminated. Arabica Estate reserves the right to deny the use or access to the Site to anyone or any account holder , at any time and for whatsoever reason.
3. Events Outside Our Control
We will not be liable or responsible for the non- performance, or delay in the performance of, any of the terms and conditions set out herein as a result of an Event Outside Our Control. An Event Outside Our Control shall include:-
(a) an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection, military or usurped power, civil war, terrorism;
(b) ionising, radiation or contamination by radioactivity from any nuclear waste, from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive, nuclear assembly or nuclear component thereof;
(c) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;
(d) natural catastrophe including but not limited to earthquakes, typhoons, floods or other exceptionally inclement weather;
(f) other unforeseeable circumstances beyond our control against which it would have been unreasonable for us to take precautions and which cannot be avoided even by using our best efforts.
If an Event Outside Our Control takes place and it affects the performance of any of the terms and conditions set out herein:-
- we will contact you as soon as reasonably possible to notify you of the same; and
The content and information of the Site as well as the infrastructure used to provide both, is proprietary to us and/or our authorised Merchants. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from or through the Site.
5. Transmission of Information
We do not have the control over the security of internet or other networks you may use to access the Site or communicate with us, we will not be responsible for the security of the information and/or any lost of data when it is being transmitted from you to the Site.
6. Your Conduct on the Site
The Site is a private property. All interactions and/or communications on this Site must be lawful and must comply with the terms and conditions set out herein. To the extent your conduct (which shall be judged by us in our sole and absolute discretion) restricts or inhibits any other user(s) from using or accessing or enjoying any part of the Site, we may at our sole and absolute discretion limit your use or access to the Site and/or seek other remedies. Examples of ACTIVITIES that are prohibited are as follows:
- Submitting inaccurate information, committing fraud or falsifying information in connection with your use of the Site or in connection with your Arabica Estate account;
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
- Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by Arabica Estate;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of uploading or transmitting any form of virus , worm, Trojan horse, or other malicious code to the Site, or attempting to “overloading” , “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
- Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Arabica Estateand/or the Company;
- Reselling or repurposing your access to the Site or any purchases made through the Site;
- Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of Arabica Estateand/or the Company to become users or partners of other online or offline services;
- Using the Site to collect any personal data, including but not limited to names and/or email addresses;
- Exceeding or attempting to exceed quantity limits when purchasing Arabica EstateOfferings, or for speculative, false, fraudulent or any other purpose not expressly permitted by the terms and conditions herein and the terms of a specific offer on the Site;
- Accessing, monitoring or copying any content or information from the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure(as determined in our sole discretion);
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission.
- Deep-linking to any portion of the Site without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of Arabica Estateand/or the Company, our Merchants or our services; or
- Hyperlinking to the Site from any other website without our initial and ongoing consent.
7.1 You shall be entitled to make payment for your order pursuant to the various payment methods set out in the Site. The terms and conditions applicable to each type of the payment, as contained in the Site, shall be applicable to the Contract.
7.2 In addition to any additional terms contained in the Site, the following terms shall also apply to the following types of payment:
7.2.1 Credit Card Payment
The Site accepts all Visa and Mastercards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry-leading encryption standards.
Please take note that additional charges may be incurred if you are using non-Malaysian issues card due to Foreign Exchange.
7.2.2 Debit Card
The Site accepts all Malaysia Visa and MasterCard debit cards where subject to bank availability. All debit card information shall be protected by means of industry-leading encryption standards.
8. International Use
We make no representation that information on the Site is appropriate or available for use outside Asian region. Those who choose to access this Site from outside the Asia region do so on their own initiative and are responsible for compliance with local laws, if and to the extend local laws are applicable.
9. Order Acceptance and Pricing
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the orderWe are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
10. Wallet credit
“Wallet credit”is a form of the Site currency redeemable only toward purchases on the Site according to the stipulated conditions as applicable from time to time. Wallet credit does not expire but all outstanding Wallet credit(s) will be invalidated upon the cancellation, suspension or termination of the Arabica Estateaccount either by the account holder or Arabica Estate. Unless specifically and expressly permitted by Arabica Estate, Wallet credit(s) are non-transferrable.
11. Data Security and Privacy
You understand that certain information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by Arabica Estate and/or the Company, and therefore such information is not subject to any confidentiality obligation. Other information, such as bank account and credit card information provided in connection with the purchase of the Arabica Estate Offerings, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of an Arabica Estate Offering, may be disclosed by us to the Merchants for purposes including to provide the Arabica Estate Offering to you.
Arabica Estate and/or the Company is committed to protect the security of your Personal Information, which is information about you that is personally identifiable such as your name, e-mail address, User ID number, delivery and billing addresses and other non-public information that is associated with the foregoing. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorised access, use, or disclosure. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information.
In general, we collect Personal Information that you submit to us voluntarily through the Site. We also collect information that you submit in the process of creating or editing your account and account holders’ profile on the Site, for example, our registration and login process requires you to provide us with your name, valid email address and password of your choice. When you personalise your profile and use the features of your Arabica Estate account, we will collect any information you voluntarily provide to Arabica Estate.
Except as otherwise stated herein, we do not sell, trade, rent, or otherwise share for marketing purposes the Personal Information that we collect with third parties, unless you ask or authorise us to do so.
We do disclose your Personal Information to the employees of the Company on a need to know basis and in addition, we may disclose your Personal Information if we believe in good faith that such disclosure is necessary to:-
(a) comply with relevant laws or to respond to subpoenas or warrants served on us; or
(b) to protect and defend our rights or property, you or third parties.
You hereby consent to us sharing your Personal Information under the circumstances described herein.
Log Files – An “Internet Protocol Address” or “IP Address” is a number that is automatically assigned to your computer when you use the internet. We may track your IP Address when you access the Site to assist us with the analysing of trends, administering the Site, tracking account holders’ visits, and gathering broad demographic information for aggregate use. IP Address is not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral link. This information is not shared with third parties and is used only within this Company on a need-to-know basis.
In addition, the Site may contain links to other websites. Please note that we are not responsible for the privacy practices or the contents of such other websites. We encourage our account holders to read the privacy statement of each and every website they visit. The private policy set out herein applies solely to information collected by us through the Site and does not apply to third party websites. The ability to access information of third parties from the Site, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third parties, their products, their services, other websites, locations or their content.
12. Links to Third Party Sites
The Site may contain links to third party websites that are not owned, operated, or controlled by Arabica Estate. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party websites. By using the Site you expressly relieve us from any and all liability arising from your use of any third party websites.
Your records maintained with us are regarded as confidential and therefore will not be divulged to any third party, other than the Merchants and if legally required to do so to the appropriate authorities. You have the right to request copies of your own records on the proviso that we are given reasonable notice of such a request. We strive to be paper free and will keep all communications and records in electronic form. If you insist on hard copies of the records, you may print it out on your own or reimburse us the cost of providing hard copies.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with your account and the offer and provision of our services and products.
The Company reserves the rights to change the terms and conditions set out herein from time to time on a going-forward basis, with or without notice, as it sees fit. Your use of the Site after any modifications to the terms and conditions set out herein indicates that you agree to such modified terms and conditions.
For existing account holders, if we make changes that materially affect your use of the Site or our services we will notify you by sending you an e-mail to the e-mail address that is registered with your Arabica Estate account and/or by posting notice of the change on the Site. Any changes to these terms and conditions will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site.
It is your sole responsibility to check the Site from time to time to view such changes in the terms and conditions.
We also reserve the right to change or discontinue any aspects or features of our services or the Site including, but not limited to, requirements for access or use.
14. Intellectual Property
You acknowledge and agree that Arabica Estate and/or the Company retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these terms and conditions, except for the limited right to use the Site in accordance with these terms and conditions. You are therefore not allowed to modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in the terms and conditions set out herein.
Unless stated otherwise, the content on the Site, is owned by Arabica Estate, the Company, its affiliated or associated companies, licensors, suppliers or providers. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein. Arabica Estate and/or the Company do not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.
You may use information from the Site strictly for your own personal use only. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
Arabica Estate may provide links to other sites which are operated by third parties. By clicking on such a link, you acknowledge leaving the Site and proceeding at your own responsibility.
15. Claims of Copyright Infringement
If you are a copyright owner or an owner’s agent and find the content of the Site infringes your copyrights, you (“the Complainant”) may notify us with the following information in writing:-
(a) the name and address of the Complainant;
(b) where the Complainant is not the copyright owner or exclusive licensee, the name and address of the copyright owner or exclusive licensee;
(c) where the Complainant does not reside in Malaysia, the Complainant’s address for service in Malaysia;
(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, facsimile number (if any) and an e-mail address;
(e) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(f) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(g) a statement that the Complainant have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
(h) a statement that the information in the notification is true and accurate to the best of your knowledge and belief; and
(i) a statement that the Complainant is (i) the owner or exclusive licensee of the copyright in the work identified in paragraph(e) above, or(ii) is authorized to act on behalf of such owner or exclusive licensee.
The notification must be signed by the Complainant and sent to us by any of the following methods: email to support@Arabica Estate.com or by registered mail to the address mentioned under “Contact Us”, c/o Legal Department – Copyright Claims.
We will review and address all notifications that comply with the requirements above.
We suggest that you should consult your legal advisor before filing the said notification. Also, be aware that you may be guilty of an offence or liable for damages if you make a false claim of copyright infringement.
The information on the Site is provided on an “as is” , “with all faults” and “as available” basis. To the fullest extent permitted by law, we, other members of our group of companies, our employees, agents, suppliers, merchants and third parties connected to us:
disclaim any implied contractual promises that the Site and service/products are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
- do not promise or guarantee that the Site will meet your requirements, is error-free, be without interruption or available at all times;
- disclaim any promises as to privacy and security other than expressly stated in our private policy;
- disclaim any promises or guarantees that you will be able to access or use the Site at times or locations of your choosing;
- exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- excludes all representations and warranties relating to the Site and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Site; and
- excludes all liability for damages or injury arising out of or in connection with the use of the Site or the non-use including non-availability, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site, site-related services, or any products or services and claims of third parties damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from or relating to any of the services offered or displayed on the Site (whether or not the loss of such profits was foreseeable, arose in the normal course of things or that Arabica Estateand/or the Company has been advised of the possibility of such potential loss).
You agree to defend, indemnify and hold harmless Arabica Estate, the Company, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all actions, proceedings, demands, losses, costs, charges claims and expenses, including attorneys’ fees, in the event any actions, proceedings, claims, demands is/are as a result of your use of the Site in violation of the terms and conditions set out herein and/or any act or omission on your part.You are solely responsible for your interactions with the Merchants and other users of the Site. To the fullest extent permitted under applicable laws, you hereby release Arabica Estate, the Company, its subsidiaries, affiliates and their respective directors, officers, employees and agents from any and all claims or liability related to any product or service of the Merchants, any action or inaction by the Merchants, including the Merchants’ failure to comply with applicable law and/or failure to abide by the terms set out by Arabica Estateand/or the Company.This compensation obligation will survive the termination or expiry of the terms and conditions set out herein and /or your use of the Site.
18. Reservation of Rights and Release
Arabica Estateand/or the Company reserves the rights but has no obligation, to monitor, to take any action Arabica Estate and/or the Company deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the fullest extent the law permits, you waive and release us from any and all claims or liability related to any content posted on the Site and from any and all claims related to the conduct of any other customers of ours or any Merchants.
Arabica Estate and/or the Company reserves the rights and its sole and absolute discretion, to modify, suspend, discontinue or terminate the Site and/or any portion thereof, including any service and/ or product available through the Site, and/or your use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under the terms and conditions set out herein, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Arabica Estate and/or the Company shall not be liable to you or any third-party for any termination of your use and/or access to the Site. Arabica Estate and/or the Company reserves the rights to amend or repeal the terms and conditions set out herein (or parts thereof) as it deems appropriate.
20. Choice of Law
These terms and conditions and the provision of our services shall be governed by and construed in accordance with the laws of Malaysia and parties hereby submit to the non-exclusive jurisdiction of the Courts of Malaysia. 21. User Rights
Under certain circumstances, by law you have the right to:
- Request access to your personal data (commonly known as a “subject access request”). This enables you to receive a copy of your personal data and to check that we are lawfully processing it.
- Request correction of your personal data. This enables you to ask us to correct any incomplete or inaccurate personal information we hold about you.
- Request erasure of your personal data. This enables you to ask us to delete or remove your personal data under certain circumstances, for example, if you consider that there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing.
For your convenience, the Site and the terms and conditions set out herein are provided in a number of languages and local versions (identified by different top level domain names in some cases), but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the terms and conditions shall prevail.
Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights. We may amend these terms and conditions at any time by posting a variation on the Site. The latest version of the terms and conditions will supersede all previous versions.
The provisions of these terms and conditions apply equally to and are for the benefit of Arabica Estate, the Company, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.