Terms & Conditions
Please read this Terms and Conditions (“Terms and Conditions”) carefully before using the services offered by BIG APPLE DONUTS & COFFEE (757673-P)
through https://bigapple.store.egift.asia/ (“Website”) or anything related to the website.
This terms and conditions set forth the legally binding terms and conditions for your use of the website and services offered by us and this terms and conditions shall apply to all users of the website.
By using, accessing, browsing and/or registering as a user of the website, you are deemed to have read, understood and agree to be bound by this terms and conditions.
The definitions of some of the terms used in this Terms and Conditions are as follows:
“Service” or “Services” means all and any of the services provided by us via the Website as defined in Clause 3:
“eGift Voucher” refers to the electronic voucher created by using the Giftee System and purchased by the Customer through the Website to be redeemed by himself/herself or by a Recipient from a particular or relevant Merchant.
“Giftee System” shall have the meaning as defined in Clause 3.1 (a)
“Customer” means a person, a company or an organization who desires to be provided with the Service or Services.
“Personal Data” means personal data and other information collected us from User, including all information and details in relation to the Service or Services provided byus:
"Individual Contract" refers to the sales contract of the eGift Voucher to be entered into under this Terms and Conditions between Customer and us.
“Recipient” refers to any person, company or organization to whom the purchased eGift Voucher was sent to, either by Customer or other Recipient
“User” means any person, company or organization who browses, visits, accesses and/or uses the Website, including those who make the purchase of the eGift Voucher on the Website; and
“Website” refers to our Website at https://bigapple.store.egift.asia/
2. The Website and Acceptance of Terms and Conditions
a) We provide a digital platform for any individual or corporate bodies to create and customize their very own eGift Voucher and it also acts as a marketplace for the sale and purchase of any eGift Voucher for products or services.
b) Any transactions pertaining to the sale and purchase of the eGift Voucher for any products or services on the Website is governed by this Terms and Conditions and thus are binding on all Users. Certain sections may not be applicable or relevant to some Users depending on the nature of their use of the Website.
c) By using the Website, Users hereby confirm that Users accept and agree to comply with this Terms and Conditions. IF YOU DO NOT WISH TO BE BOUND BY THIS TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, USE THE SERVICES AND/OR CONTRIBUTE ANY CONTENT TO THE WEBSITE.
d) We may revise this Terms and Conditions from time to time by updating this page and the revised Terms and Conditions will take effect when they are posted on the Website. It is Users’ responsibility to check this Terms and Conditions periodically for changes. Users’ continued use of the services following the posting of the revised Terms and Conditions constitutes Users’ acceptance of those changes.
e) We may change, suspend, or discontinue temporarily or permanently the services or any part of the services at any time with or without notice. Where notice is given, it may be posted on the Website or sent by email. We retain discretion to impose limits on certain features or services, and/or restrict your access to parts or all of the services without notice or liability. The Website may be temporarily unavailable from time to time due to maintenance, telecommunication interruptions or other disruptions.
3. The Services
We make available to you, which include and not limited to, the following services which may be accessed through any medium or device including the Website:
a) Generate and customizing own eGift Voucher with optional seasonal gift card designs by using the Giftee system;
b) Purchase of eGift Voucher for any service or product on the Website;
c) Distribute eGift Voucher to any Recipient; and
d) Facilitate the redemption of eGift Voucher through digital stamp or POS system.
4. Provision of the Service
4.1 Customer shall confirm and agree with the contents of this Terms and Conditions before he/she/it uses the Service.
4.2 We have the sole discretion to refuse the provision of the Service for Customer for any or no reason including in the event that:
a) Any information provided by Customer is false, misprinted or has omission;
b) Customer is or has been a member of antisocial force, including but not limited to crime syndicate, crime syndicate-related companies or associations; or
c) We determine that it is inappropriate.
5. Suspension and Termination of the Service
We may at its sole discretion suspend or terminate the provision of the Service without any notice if the Customer:
a) fails to pay any of his/her/its monetary obligations to us under this Terms and Conditions or otherwise;
b) fails to follow any of this Terms and Conditions;
c) provides incorrect or false information;
d) violates any governmental laws or regulations;
e) is or has been a member of antisocial force, including but not limited to crime syndicate, crime syndicate-related companies or associations;
f) damages our name and reputation through any action either by his/her/its own or the affiliates’ conducts; or
g) fails to act in an orderly manner or engage in improper conduct or solicitation of any kind.
6. Individual Contract
6.1 All eGift Voucher prices on the Website are in Ringgit Malaysia and shall include any applicable sales and services tax which Customer is liable to pay to us in addition to the purchase price. Any purchase shall be made according to the price as listed on the Website.
6.2 Any eGift Voucher for any products or services on the Website can be purchased by placing and completing the order form on the Website.
6.3 When entering into the Individual Contract, Customer shall be responsible for ensuring the accuracy of the said Order. CUSTOMER IS NOT ALLOWED TO CANCEL OR MODIFY THE ORDER ONCE A CONFIRMATION OF ORDER IS ISSUED.
6.4 We shall be entitled to require from Customer the contact details and other verification information, including the preferred delivery method prior to issuing the confirmation order.
6.5 Upon placing his/her/its Order, Customer is required to make full payment for the said Order. Payment can be made by using any Visa or Mastercard credit card or debit card, or online banking. Please however take note that additional charges may be incurred if Customer is using a non-Malaysian issued card due to foreign exchange rates.
6.6 We reserve the absolute right to refuse any Order if payment failed to be made within the allocated time.
6.7 Once payment has been received, we shall process the said Order and the purchased eGift Voucher will be delivered to Customer by Customer’s preferred delivery method, either via email or social media applications.
6.8 We may at its sole discretion terminate the Individual Contract without any notice in the event that Customer or Recipient violate any provision of this Terms and Conditions.
7. Redemption of eGift Voucher
7.1 Once Customer or Recipient has received the purchased eGift Voucher, he/she/it is entitled to redeem the eGift Voucher from our stores we designate to the product or service. The details of the product or service will be stated on the eGift Voucher.
7.2 The purchased eGift Voucher may be transferred to another Recipient by Applicant or Recipient provided it is in accordance with this terms and conditions.
7.3 The eGift Voucher is valid until it is fully redeemed and shall expires based on the validity period that shows on the URL. No person shall be able to use the eGift Voucher once it is fully redeemed or upon the expiry of the eGift Voucher.
7.4 We shall reserve the right to revoke the purchased eGift Voucher if the attempted redemption of the said eGift Voucher is inconsistent with this Terms and Conditions.
8. Refund and Exchange
Users shall be responsible at all time for all transactions in connection to the purchase of the eGift Voucher and they are not entitled to request for any return or exchange of the purchased eGift Vouchers for whatsoever reasons.
9. Personal Data Protection Policy
9.1 In using the Website, Users may provide us with “personal data” as defined in the Personal Data Protection Act 2010, which includes, without limitation, Users’ name, NRIC number, passport number or other identification number, address, phone number, email address, bank details and photograph, to enable us to process Users’ application and/or use the Website and/or the Services. Such collection and/or the processing of Users’ personal data shall be done in accordance with the provisions under the Personal Data Protection Act 2010.
9.2 If we provide any user of the Website or the Services with any personal data, such user (“Data User”) shall be the data controller of that personal data in relation to such use. The Data User undertakes that it shall:
i. only process such personal data to the extent and in such manner as is reasonably necessary, for the purpose for which it has been given the personal data (“Data Purpose”);
ii. comply with the Personal Data Protection Act 2010 whilst processing such personal data and in particular, but without limit, keep such personal data secure;
iii. not disclose the personal data to any person (except as necessary for the Data Purpose); and
iv. indemnify us against any claim brought by a third-party arising from a breach of its obligations under this Clause.
10. Disclaimer and Limitation of Liability
10.1 Users shall use the Website at their own risk. Users shall evaluate, and bear all risks associated with, the use of any content, including reliance on the accuracy, completeness or usefulness of any content. All information provided on or via the Website is for information purposes only. Users should seek their own independent advice with respect to any content.
10.2 We undertake to provide a convenient and functional website, but we do not guarantee that the Content will be error-free or that the Website or the server that operates it is free of viruses or other harmful components. Although we will use reasonable undertake to maintain the content, we do not undertake to provide support or maintenance services for the content.
10.3 Users acknowledge that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content. We cannot guarantee the identity of any other Users with whom Users may interact in the course of using the Services.
10.4 We will not be responsible or liable if we are prevented or delayed from complying with our obligations under this Terms and Conditions by anything Users (or anyone acting on their behalf) does or fails to do or due to events or circumstances beyond our control.
10.5 We are not liable for any damages or loss incurred related to the Website and the Services unless such damages or losses arise solely as a direct result of the gross negligence, willful misconduct or fraud on the part of us.
10.6 Without limiting the above provisions, everything on the Website is provided to Users “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of quality, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
10.7 If a jurisdiction does not allow the exclusion of implied warranties but allows limitations of a certain maximum extent, then we limit its warranties to that extent.
10.8 Without prejudice to the foregoing, we, our officers, employees, agents, suppliers, and licensors shall not be liable to Users for any cost, claim, liability, expense, demand or damages whatsoever (including any loss of profits, lost savings, direct, indirect, special, incidental or punitive losses or consequential damages) arising out of their use or inability to use the Website, the Services or any part thereof, or any error, omission or inaccuracy with respect to any advice or information obtained by virtue of the Website or the Services; or the inaccuracy, delay, omission, non-delivery of information caused by any human/mechanical/electrical fault, omission, breach of contract, negligence or otherwise.
10.9 Users expressly acknowledge and agree that the disclaimers and exclusions of liability set forth in this Terms and Conditions represent a fair and reasonable allocation of the risks and benefits of the contract between Users and us, taking into account all relevant factors including without limitation the value of the consideration provided by users. Users further agree that this disclaimers and limitations shall be enforceable to the fullest extent permitted by Applicable Law in all jurisdictions worldwide.
If Users breach any provision of this Terms and Conditions or the Individual Contract and we suffer damages by the breach, we shall be entitled to request for the damages from User.
12.1 All notices under this Terms and Conditions shall be in writing.
12.2 By using the Website and the Services herein, Users consent to receive from us all communications electronically. If Users desire to withdraw their consent to receive communication electronically, Users shall discontinue their use of the Services.
12.3 We will give Users any necessary notices (including, but not limited to notices, agreements, legally required disclosures or other information in connection with the Website and the Services) electronically, from time to time, by either posting them on the Website or sending them to Users’ Account email address. Users agree to check the Website for notices and will be considered to have received a notice when it is posted on the Website and/or sent to Users’ Account email address.
13. Intellectual Property
All intellectual property rights in respect with the Website and the Services and all copies thereof are owned by us
14. Prohibited Activity
14.1 Users are prohibited from accessing to and use of the Website for the purpose of downloading, reproducing, displaying, posting and publishing:
a) data, graphics, images, photographs, designs, descriptions, information, and text;
b) video, audio, music, and sound compilations;
c) utilities, software (including applets and any software made available to Users in connection with, or to facilitate access to, any subscription or restricted access area or service associated with the Website and software compilations, drivers and other utilities;
d) the contents of any e-mail newsletter or similar communication sent by or on behalf of us; or
e) and other content on the Website which has been originated and provided directly by us, or its product, support and service providers unless specifically permitted in this Terms and Conditions.
14.2 Users are prohibited from doing any act that we, in its reasonable discretion, may deem to be inappropriate and/or an unlawful act or is prohibited by any laws, ordinances, rules, regulations, and codes of all regulatory bodies applicable to the Website including but not limited to:
a) any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals;
b) using the Website to defame or libel us, our employees or other individuals or acting in such a way that brings into disrepute the good name of us;
c) uploading files that contain viruses that may cause damage to the property of us or the property of other individuals;
d) content that has been promoted through sending of Spam or mail fraud schemes, or pages that promote or condone sending of Spam.
e) content that posts or discloses any personally identifying information or private information about any third parties without their express consent;
f) content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party; or
g) content that promotes mail fraud, multi-level marketing schemes or other illegal or fraudulent activities.
The provisions of this Terms and Conditions are severable if any of the provisions are found to be invalid, illegal or unenforceable, in whole or in part, and the validity, legality and enforceability of any of the remaining provisions or portions shall not in any way be affected. The invalid, illegal or unenforceable provision or portion shall be changed and interpreted so as to best accomplish the objectives of such provision or portion within the limits of Applicable Law.
Users shall not assign or transfer any of their rights under this Terms and Conditions to any third party. We however may assign its rights and obligations under this Terms and Conditions at any time at its absolute discretion to any third party without notice to Users.
17. Entire Agreement
This Terms and Conditions governs the relationship between Users and us and represents our entire agreement with Users.
If Users breach this Terms and Conditions and we choose to ignore their breach, we will still be entitled to use its rights and remedies at a later date or in any other situation where Users breach this Terms and Conditions again.
This Terms and Conditions may be presented to Users in more than one language. However, the English language version of this Terms and Conditions shall prevail.
20. Event of Circumstances Beyond Control
We shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
21. Governing Law and Jurisdiction
This Terms and Conditions and any non-contractual obligations arising from or connected with them shall be governed by and construed in accordance with the laws of Malaysia. Users irrevocably submit to the exclusive jurisdiction of the courts of Malaysia to settle any dispute which may arise out of or in connection with this Terms and Conditions.