These Terms of Use (referred to collectively as “Terms of Use” or “Agreement”) establish a legally binding agreement between you and Macoin Technologies Holdings Sdn. Bhd. (“Company”).

By using the MACOFFEE mobile application (“Application”) and downloading, installing, or using any associated software provided by the Company (“Software”) to access and utilize the Application (“Service”), you explicitly acknowledge and consent to be bound by the Terms of Use, along with any future modifications and additions to them as published periodically at the provided link. The Company will give one (1) month’s notice of any significant changes to these Terms of Use. Your continued use of the Service after this notice period signifies your acceptance of the revised Terms of Use.

Representations & Warranties

By utilizing the Service, you confirm and guarantee that you possess the appropriate rights, authority, and capability to utilize the Service and comply with the Terms of Use.

Truthful Information

You also affirm that all information you provide is truthful and precise. You consent to furnish the Company with proof of identity upon request, ensuring that all information given for the Service is accurate, up-to-date, and complete. It is your responsibility to promptly update any changes to ensure ongoing accuracy throughout the duration of this Agreement. Additionally, you acknowledge that the Company may rely on the accuracy, currency, and completeness of your information. Should any of your provided information be found to be false, inaccurate, outdated, or incomplete, the Company reserves the right, though not obligated, to terminate this Agreement and your access to the Service, with or without prior notice.

Identity Verification

Periodically, the Company may need to confirm your identity to validate your ownership of your Account. This verification process serves various purposes, including but not limited to:

meeting regulatory requirements to combat suspicious or illegal activities, money laundering, and terrorism financing;

taking action upon detecting unauthorized usage of MACOFFEE accounts; and

resolving ownership disputes related to MACOFFEE accounts. By agreeing to this, you authorize us, either directly or through our third-party service providers and financial institution partners, to conduct inquiries and gather necessary documentation to verify your identity and the source of your funds according to the “Know-Your-Customer” principle. As part of this process, the Company or our financial institution partners may request and require you to provide accurate, up-to-date, and complete information about yourself, supported by legally recognized documentation from the issuing authority.

Feature Specifications

Certain features of the Application, including the Service, may necessitate the transfer of your data, such as your name, password, address, email address, financial details (such as credit card numbers), device’s International Mobile Equipment Identity (IMEI) number, phone-book details, membership account information, or GPS location (collectively referred to as “User Information”). By using such features of the Application, you agree to the transfer of your User Information to the Company, its agents, and/or service providers. You also authorize the Company, its agents, and/or service providers to collect, process, and store your User Information as required for the functioning of the Application. It is your responsibility to maintain the confidentiality and security of any User Information transmitted from or stored on your device for the Application’s purposes and the provision of the Service. Additionally, you are accountable for all transactions and activities conducted under your name, whether authorized or unauthorized.

Personal Use

Your utilization of the Service is intended solely for your personal use and benefit. You agree not to permit others to use your identity for accessing the Service. By using the Service, you commit to adhering to all relevant laws and regulations.

Authorized Access

You are only permitted to access the Service through approved methods, and it is your responsibility to verify that you have obtained the appropriate Software and/or Application for your device. The Company cannot be held responsible if your device is incompatible or if you have mistakenly downloaded an incorrect version of the Software and/or Application. The Company retains the right to deny your access to the Service if you use the Software and/or Application with an unauthorized or incompatible device or for purposes other than those intended.

Software & Application

By utilizing the Service, the Software, and/or the Application, you agree to the following:

• You will only use the Service for lawful purposes;
• You will use the Service for its intended purpose only;
• You will not engage in unlawful, fraudulent, or deceptive activities using the Software and/or the Application;
• You will not cause any nuisance, annoyance, or inconvenience using the Software and/or the Application;
• You will use the Service and/or the Application solely for purchasing beverages, meals, goods, and services from the Company;
• You will not attempt to harm the Software and/or the Application in any way;
• You will not copy or distribute the Software and/or the Application or its content without prior written permission from the Company;
• You will only use the Software and/or the Application for personal use and not resell it to third parties;
• You are responsible for keeping your login/account username, password, or any provided identification confidential and secure;
• You will not defraud the Company through fraudulent means during any Company event, promotion, or campaign;
• You acknowledge that the Service is provided on a reasonable effort basis;
• You may only use the Software and/or the Application for personal, non-commercial purposes, and will not:
  • send spam or unsolicited messages;
  • send material containing harmful computer code;
  • introduce viruses or disrupt computer software or hardware;
  • damage the Company’s servers or networks;
  • interfere with the integrity or performance of the Software and/or the Application;
  • attempt unauthorized access to the Company or its networks;
  • engage in criminal activities or civil liability;
  • violate the Terms of Use;
  • fail to comply with third-party terms;
  • impersonate others or misrepresent affiliation;
  • engage in actions damaging the Company’s reputation.

Security of Account

To ensure the security of the Platform and your Account, you agree to:

• Keep your password and/or security code confidential and only use your User ID, password, and/or security code for logging in;
• Log out of your Account at the end of each session on the Platform;
• Promptly notify us of any unauthorized use of your Account, User ID, password, and/or security code;
• Maintain accurate and up-to-date Account information;
• Use your Account in compliance with the Terms of Use provided by us online, subject to updates;
• Refrain from using your Account in a manner that may harm or jeopardize MACOFFEE’s operations, interests, reputation, or goodwill.

You are solely responsible for all activities and transactions conducted under your User ID and Account, even if they were not initiated by you. The Company is not obligated to verify the identity or authority of individuals carrying out such activities or transactions. The Company shall not be liable for any direct or indirect losses or damages resulting from unauthorized access to or use of your Account, or your failure to adhere to these Terms of Use. For the purpose of enhancing and improving our services, the Company may periodically evaluate the performance of the Platform and/or Services through software assessments. By using the Platform, you hereby consent to and authorize us to conduct periodic reviews of your Account, including assessing your activities and transactions on the Platform or via your Account.

Restrictions / Limitations

You agree to accept full responsibility and liability for any loss or damage incurred by yourself, the Company, or any third party resulting from any violation of the Terms of Use.

You are prohibited from using the Software, the Application, and/or the Service in contravention of any law, statute, ordinance, or regulation, or in a manner that encourages, promotes, facilitates, or instructs others to engage in illegal activities.

You must refrain from posting, publishing, or sending:

• any adult content depicting or related to illegal activities such as child pornography, rape, incest, etc.; and
• content promoting hate, violence, harm, or intolerance in any form;
• content that harasses, abuses, stalks, threatens, defames, or otherwise infringes upon the rights of any other party.

You are not allowed to send or store material that infringes upon copyrights, is obscene, threatening, libelous, or otherwise unlawful or tortious, including materials harmful to children or violative of third-party rights (including but not limited to rights of publicity or other proprietary rights).

You must not utilize the Software, the Application, and/or the Service to evade applicable laws, remove copyright protections, or infringe upon or violate any copyright, trademark, right of publicity or privacy, or any other proprietary rights under the laws of Malaysia or any jurisdiction.

License

The Company, its affiliates, and licensors, where relevant, provide you with a revocable, non-exclusive, non-transferable, non-assignable, personal, and limited license to utilize the Application, subject to the Terms of Use outlined herein. Any rights not explicitly granted to you are reserved by the Company and its licensors.

License Terms and Conditions

You agree not to:

• Commercially exploit or provide the Application and/or the Software to any third party in any manner;
• Alter or create derivative works based on the Application and/or the Software;
• Create internet links to the Application or replicate the Software on any other server or internet-based device;
• Attempt to reverse engineer the Software to develop a competing product, copy its features, or replicate its ideas, functions, or graphics;
• Deploy automated programs or scripts that may disrupt the operation of the Application and/or the Software;
• Use any automated or manual processes to extract or replicate the Service’s content or bypass its navigational structure;
• Distribute copyrighted material, trademarks, or proprietary information without proper consent;
• Operate the Application and/or the Software on jailbroken or rooted mobile devices; or
• Remove any copyright, trademark, or proprietary rights notices from the Service.

Intellectual Property Ownership

(a) The Company and its affiliates retain complete ownership, including all associated intellectual property rights, of the Software and/or the Application, as well as the Service in its entirety, along with any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party regarding the Service.

(b) This Agreement does not constitute a sale and does not grant you any ownership rights related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors.

(c) The Company’s name, logo, trademarks, the Service, the Software and/or the Application, and any associated representations are trademarks of the Company and/or its affiliates, and you are not granted any right or license to use them. All proprietary Content, trademarks, service marks, brand names, logos, copyrighted information, and other intellectual properties (“Intellectual Property”) displayed on the Platform belong solely to MACOFFEE and, where applicable, third-party proprietors such as Merchants. No party accessing the Platform is granted any right or license, whether directly or indirectly, to use or reproduce any Intellectual Property. Users accessing the Platform shall not assert any right, title, or interest therein. By using or accessing the Services, you agree to abide by the copyrights, trademarks, applicable intellectual property laws, and all other relevant laws protecting the Services, the Platform, and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform, or its Content. Additionally, unless with our prior written consent, you may not mirror or frame any part or entirety of the Platform’s contents on any other server or website. Moreover, you agree not to use any robot, spider, or any other automatic or manual process to monitor or copy our Content without our prior written consent (except for standard search engine technology employed by Internet search websites to direct Internet users to this website).

Third Party Links

Third-party links may be accessible throughout the Platform. These links are provided as a courtesy, and the sites they lead to are not under our control in any way. Therefore, you access them at your own risk. The Company holds no responsibility for the contents of any linked site or any link contained within it, including any changes or updates to such sites. These links are provided solely for convenience, and their inclusion does not imply or express any affiliation, endorsement, or sponsorship by us of any linked site or its content.

Suspension and Termination

Either party, the Company or you, holds the authority to terminate this Agreement promptly, with or without prior notice. Should you violate any of the Terms of Use, this Agreement will immediately cease. Additionally, the Company reserves the exclusive right to terminate any licenses provided under this Agreement, as well as the use and access to the Service, and may delete or remove your content. The Company retains the discretion to take legal action concerning your content or your utilization of the Application, the Software, and the Service, if it believes or suspects a breach of this Agreement. However, any delay or failure by the Company in taking such actions does not waive its rights to enforce this Agreement. The Company reserves the right, at our discretion and without liability to you or any third party, to suspend or terminate your Account and User ID, remove associated Content from the Platform, cancel promotions, offers, or transactions, disable access to Services or features, withhold sale proceeds or refunds, or take any other necessary actions. Reasons for such actions may include but are not limited to:

• Account inactivity for thirty-six (36) consecutive months;
• Multiple user accounts or unauthorized access;
• Suspected dishonesty, fraud, illegality, or misrepresentation;
• Breach of these Terms of Use or other applicable terms;
• Violation of laws, regulations, or policies;
• Harmful or abusive behavior towards Users, third parties, or MACOFFEE;
• Inclusion on regulatory watchlists;
• Compliance with court orders or governmental requests;
• Submission of false documents or information.

If your Account is suspended, the Company may investigate and withhold Services or refunds until clearance is obtained. If your access is suspended or terminated due to suspicious or illegal activity, you forfeit rights to Services and refunds, and the Company may retain or release funds as necessary under applicable laws. No compensation is provided for resulting losses.

Suspicious, Fraudulent, Illegal, Harassing, Defamatory, or Threatening Use

Suspicious, fraudulent, illegal, harassing, defamatory, or threatening use may be reported to law enforcement without notice.

MACOFFEE Balance

You have the option to pre-pay for food, beverages, and services through the Application, with the prepaid credits stored as your “MACOFFEE Balance.” However, this option is subject to the condition that no payment violates the terms of this Agreement.

Applicable Fees and Charges

The Company does not impose any fees for the MACOFFEE Balance.

Credit Reloading

Your MACOFFEE Balance is solely usable in Malaysian Ringgit and for purchases made from the Company within Malaysia. The minimum amount that can be loaded onto the MACOFFEE Balance is RM20, while the maximum limit is RM10,000 at any given time. Reloading the MACOFFEE Balance can range from RM20 to RM10,000. These minimum and maximum amounts are subject to change, with notification provided at the point of sale or within the Application. Such changes do not alter the terms of this Agreement.

Payments on Platform

You can load your MACOFFEE Balance and make payments for the Service directly within the Application. This can be done through various methods including electronic bank transfers, credit or debit cards, e-Wallet providers, or any other available payment methods within the Application, collectively referred to as “Payment Methods.”

Verification

You consent to the Company verifying and authorizing the details of the individual transferring funds when you initially register your Payment Method with us and whenever you utilize the Service. Additionally, you agree to cooperate with any necessary financial crime screening and to assist the Company in adhering to current laws and regulations.

International Credit Card

If you utilize a credit card processed internationally, you will be responsible for any associated extra charges.

Fraudulent Activity or Misappropriated Electronic Funds

You commit to promptly informing the Company via email at support.macoffee@macoin.asia if you become aware of any fraudulent activity or theft of funds in your MACOFFEE Balance. The Company reserves the right to forfeit your MACOFFEE Balance if it reasonably suspects that the transaction may be fraudulent, illegal, or linked to criminal activities.

Illegal Transaction

The Company retains the complete authority to decline or temporarily halt the processing of any transaction if it reasonably suspects that the transaction might be fraudulent, unlawful, or connected to criminal activities, or if there’s a reasonable belief that you are violating the Terms of Use.

Improper / Prohibited Use

The Company holds the exclusive authority to completely terminate and/or suspend the use of your MACOFFEE Balance, deactivate the MACOFFEE Balance, or block any financial instruments such as credit or debit cards if it reasonably suspects that the account activity might be fraudulent, unlawful, or associated with criminal activities, or if there’s a reasonable belief that you are violating the Terms Of Use.

Charges Associated with the Payment Method

When a payment is made or received, you are responsible to the Company for the entire payment amount sent to you, along with any associated fees, in case the payment is later invalidated due to reasons such as claims or chargebacks. You consent to let the Company, or in the case of a credit card payment, your credit card issuer, decide the appropriate party to bear the responsibility for such claims or chargebacks. If necessary, the Company may recover any owed amounts by deducting them from your MACOFFEE Balance.

Sole Account

You acknowledge that each individual is permitted to register only one MACOFFEE Balance account, and that a mobile phone number can be linked to just one MACOFFEE Balance account.

Withdrawal / Refund

You can request to withdraw or receive a refund of your MACOFFEE Balance by reaching out to the Company. Refund requests will be reviewed based on specific conditions outlined in this Agreement. All refunds will be processed in Malaysian Ringgit (MYR).

Disbursement Processing Time

Disbursements will be processed within a reasonable timeframe as determined by the Company.

Fraud Detection

The Company uses various fraud detection measures to prevent misuse of the MACOFFEE Balance. If the Company determines that fraudulent activities have taken place, it may suspend or cancel the MACOFFEE Balance and any associated services.

Customer Support

For any questions or support regarding the MACOFFEE Balance, please contact our Customer Care and Outreach Team at support.macoffee@macoin.asia. We are committed to providing assistance and resolving any issues you may encounter.

Terms of Use

By using the Application and the Service, you agree to the Terms of Use, which may be updated periodically. Continued use of the Application and the Service signifies your acceptance of any changes to the Terms of Use.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising from or related to these Terms of Use or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Contact Information

For any inquiries related to these Terms of Use or the Service, please contact the Company at:

• support@macoffee.com.

Force Majeure

The Company will not be liable for any failure or delay in the performance of its obligations under these Terms of Use if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, labor disputes, or failures in telecommunications or internet services.

Entire Agreement

These Terms of Use, along with any other policies or terms referenced herein, constitute the entire agreement between you and the Company regarding the Application, the Service, and the MACOFFEE Balance, and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter hereof.