Last updated: 13 Nov, 2018

TERMS OF SERVICE

Coffee Break and its products (hereinafter referred to as “Coffee Break”) is developed, published and owned by Brown Bean Pte Ltd (hereinafter referred to as “the Developer”, or “Brown Bean”, “us”, “our”, “we”), a private company limited by shares registered and incorporated in the Republic of Singapore.

These Terms of Service (“Terms”) set forth the legally binding terms and conditions governing your access and use of the App, Website (www.hellocoffeebreak.com) (the “Site”) and other services that we may provide (collectively, the “Services”).  Subscriber, customers, users, and end user who access, download, use, purchase, and/or subscribe to the Services (collectively or individually “You”, “Your” or “Users”) must do so under the following terms and conditions of use.

Before using any Services, please read carefully the following Terms and Conditions. You must accept these Terms prior to using the Services. By registering for, accessing, and/or using the Services, you acknowledge that you have read, understood and consent to be bound by all of the following Terms and Conditions, including without limitation all terms herein regarding our collection, use and storage of data (our “Privacy Policy”).

We may modify these Terms at any time and in our sole discretion. The modified Terms of Use will be effective immediately upon posting and your continued use of the Services after amendment of these Terms will be deemed acceptance of the amended Terms by you. If you do not agree to any of these Terms, please cease using the Services immediately.

 

1                Background

1.1          The Site and App, including all services are owned and maintained by Brown Bean.

1.2         Coffee Break is a mobile application (the “App”) that provides an electronic commerce service to Users through the Internet for discovering and purchasing [and/or redemption] of goods and/or services from participating Providers (“Merchants”), which offers one or more of the following features and Services through the Site or App:

1.2.1     access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;

1.2.2     search engines or tools;

1.2.3     email or message alerts; and

1.2.4     any other services, features, content or applications that Coffee Break may offer through the Site or App from time to time in our sole and absolute discretion.

1.3          Coffee Break reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site or App at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services, App or Site without notice or liability.

1.4          The Services use Google Maps. By using the Services, you agree to be bound by Google’s Terms of Use, located at https://developers.google.com/maps/terms and Google’s privacy policy, available at http://www.google.com/policies/privacy/.

 

2                Licence

2.1          Brown Bean hereby grants you a personal, non-exclusive, non-transferable, royalty-free, worldwide licence to use the Site and/or install one copy of the App, in executable object code format only, solely on your handheld mobile device and solely for your personal access and use of the Services via the Site and/or App.  

 

3                Intellectual Property Rights

3.1          All Services, including all worldwide copyright, trademarks and other intellectual property rights in the Services (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, logos, trade names and/or designs (including the "look and feel" and other visual or non-literal elements)) (whether registered or unregistered) in (a) the Website, App and Services, (b) (subject to Clause 14.4) information content on the Website or accessed as part of the Services, (c) any database operated by us and (d) all the website design, text and graphics, software, the content of any advertising message, the content of any electronic transmission (including e-mail), photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by us. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Coffee Break or any third party.

3.2          All rights (including goodwill and, where relevant, trade marks) in the Coffee Break name are owned by us or licensed to us. Other product and company names mentioned on the Website are the trademarks or registered trademarks of third parties.

3.3          Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law.

3.4          Except as expressly permitted herein, you agree not to reproduce, copy, modify, adapt, translate, publish, communicate, broadcast, duplicate, distribute, display, perform, sub-license, republish, retransmit, reproduce, create derivative works of, transfer, trade, exploit or use for any commercial or other purposes, sell or otherwise use the Services or any information, materials, forms, and data available through or displayed on the Services

3.5          You shall not, and shall not permit any third party,  to reproduce, display or otherwise provide access to the Site, App, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission from us.

3.6          Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) decipher, decompile, disassemble, or reverse engineer or attempt to find the underlying code of the Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (c) use the Services in connection with any commercial endeavours in any manner; (d) use any robot, spider, site search or retrieval services, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (e) harvest, collect or mine information about other users of the Services; (f) use or access the account or password or another User; (g) modify the Services, or in any other way manipulate the Services; or (h) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Services except as expressly permitted by these Terms.

3.7          You may not, regardless of the purposes of your actions access Coffee Break and its Services in order to build a similar or competitive product or service.

3.8          The domain name on which the Site is hosted on is the sole property of Brown Bean and you may not use or otherwise adopt a similar name for your own use.

 

4                Account Information

4.1          To access certain parts of the Site, App or Services, you will be required to sign-up for an account with Coffee Break (“Account”) and select a user name ("User Name") and password ("Password").

4.2          You may register to use the Service by verified email address or by connecting through Facebook. By registering through a Facebook account, you represent and warrant that such account is yours and you have all right to provide us with the information in such account according to the terms and conditions of those services.

4.3          You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. Each Coffee Break account belongs to the person under whose name and identity the account was first registered under. You agree not to (a) loan, lease, sell, share or permit others to use your Account or Password; or (b) assign or transfer your Account to any other person or entity. To assign an account is a breach of the Terms regardless whether compensation has been obtained by the User.

4.4          You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if you were not aware of or did not authorize such activities. You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account.

4.5          Brown Bean shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account and you agree to indemnify and hold us harmless for any improper or illegal use of the Service, and any charges and taxes incurred. If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: help@hellocoffeebreak.com. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

4.6          Each individual may only register one (1) Account.

4.7          Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking on the “My Account” after logging in.

4.8          You grant us permission to use your customer information to provide you the functionality of Coffee Break and for related purposes. You acknowledge that in order for Coffee Break to provide the functionality of Coffee Break, Coffee Break may share your customer information with other parties.

 

5                Compatible mobile devices and third party carriers

5.1          The App enables you to make payments on compatible mobile devices. Devices modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to those with disabled hardware or software controls (sometimes referred to as “jail broken”) are not compatible devices.

5.2           You acknowledge that the use of a modified device to use the App is expressly prohibited, constitutes a violation of this User Agreement, and is grounds for termination of your account.

5.3          We do not warrant that Coffee Break App will be compatible with your mobile device or third party carrier.

5.4          It is your responsibility to ensure that you download the correct application for your device. We are not responsible or obliged to support any devices that do not meet these standards.

5.5          Your use of Coffee Break may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.  It is your responsibility to comply with such agreements.

 

6                Suspension and termination

6.1          If you use (or anyone other than you with your permission uses) the Website, the App or Service in contravention of this Agreement, we may suspend your use of the Service, App, and/or Website (in whole or in part).

6.2          If we suspend the Service, App, or Website, we may refuse to restore the Service or Website until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement. 

6.3          Brown Bean shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement.

6.4          Without limitation to anything else in this Clause 6 [suspension and termination] , we shall in our sole discretion and without notice, be entitled immediately or at any time (in whole or in part) to: i) suspend the Service, App, and/or Website; ii) suspend your use of the Service, App and/or Website and remove from the Services any content associated with your account; iii) suspend the use of the Service, App, and/or Website and remove from the Services any content associated with account for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately. Grounds for such termination may include:

6.4.1     extended periods of inactivity

6.4.2     breach of this Agreement

6.4.3     individual associated with multiple Account(s) without our written authorisation

6.4.4     attempts to redeem an item using a screen shot and refuses to display the in-app order page when asked

6.4.5     unreasonable use or any use we deem to be misuse of the Subscription

6.4.6     fraudulent, harassing or abusive behaviour

6.4.7     behaviour that is harmful to other users, third parties, or the business or other interests of Coffee Break

6.4.8   fraudulent or unethical means of communication such as using bots, fictitious identities, fake emails, or scripts
6.4.8.1 Users must respect the spirit of the Referral Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with Coffee Break or participate in the Program using multiple or fake email addresses or identities.

6.5          Our rights to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

6.6          If we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal or inappropriate use of the Services.

6.7          We will not be liable to you for compensation, reimbursement, or damages in connection with Coffee Break, or in connection with any termination or suspension of your account. Any termination of your account does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement.

6.8          You may request termination of your Coffee Break account at any time and for any reason by sending an email to hello@hellocoffeebreak.com. Any suspension, termination, or cancellation shall not affect your obligations to Coffee Break and its licenses under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

 

 

7                Merchant Offerings

7.1          By using Coffee Break, You may be able to purchase goods or services (“Merchant Offerings”). These Products are advertised, promoted, offered, sold and/or supplied by Merchants

7.2           We are not the supplier of any Products that you may view or purchase through Coffee Break. Coffee Break is designed to facilitate your transaction with the relevant Vendor(s).

7.3          Representations about Products are based on information and material provided to Coffee Break by the relevant Merchant. You acknowledge we take no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties or Merchants on Coffee Break. For the avoidance of doubt any images contained in Coffee Break are for illustration purposes only and may not reflect the actual Products offered by a Merchant.

7.4          The Merchant (s) is entirely responsible for all Products made available and or purchased through Coffee Break. All disputes relating to the quality of Products must be directed to the Merchant. Any dispute between you and the Merchant (for example in relation to the Product quality or customer service) must be resolved by You and the Merchant. Coffee Break is under no obligation to resolve or assist you in resolving a dispute with a Merchant.

7.5          We cannot and do not take any responsibility or liability in respect of the quality of any of the Merchant Offerings provided in any Merchants and/or by any third parties. We cannot and do not take any responsibility or liability in respect of actions, errors, omissions of any Merchants and/or by any third parties.

 

 

8                Subscriptions, Payment, Billing and Additional Purchases

8.1          Users can use the Services at any merchant of their choice available on our platform. We reserve the right to add or remove participating Merchants at any time in our sole discretion.

8.2          Merchant Offerings included in Services may change from time to time without notice. The availability and selection of Merchant Offerings will vary from Merchant to Merchant.

8.3          By joining our subscription program, you authorize us to transit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.

8.4          We offer to two types of subscriptions (“Subscriptions”):
8.4.1     Single, Basic, Advanced, Master plans (“Drink Tokens Subscription”)
8.4.2     Unlimited weekly (“Unlimited Subscription”)

8.5          Drink Tokens Subscription must be used within the subscription period upon activation. To extend the validity of the Drink Tokens Subscription, user must purchase a new Subscription plan prior to expiration. Residual credit and days balance will be brought forward into the new subscription if the account is reloaded before the usage expiry date.

8.6          Unlimited subscription must be used within seven (7) days of activation. Unlimited Subscription require at least two hours and thirty minutes (2.5 hours) to pass between orders. Each order is limited to redemption of one (1) cup.

8.7          Subscription Renewals. If you have enabled the auto renewal option, we will automatically renew your subscription on the expiry date or upon finishing your Drinks Token. Upon renewal, your account will be charged at the same price previously paid. You can choose to turn auto-renewal off or on at any time in the App. Unless you notify us before a charge that you want to cancel or do not want to auto renew, you understand your subscription will automatically renew and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable subscription price and any taxes, using any credit card we have on record for you.

8.8          Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED PORTIONS OF A SUBSCRIPTION, unless such lack of use was the fault of us. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits, and the decision to provide them, is at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.  A $10 minimum fee will be deducted from the refund amount, to cover for clearing cost and handling. We are not responsible for refunds if a merchant or third party provider goes out of business or discontinues service with us.

8.9          Charges for use of the Services are handled by our payment processor, WIRECARD, which currently supports a selection of major credit cards and payment options. We or our payment processor may add or change payment methods from time to time without notice. Please note that third-party payment processors are not controlled or affiliated with us, and you will be subject to the terms and conditions applicable to the use of the relevant service. We are not responsible for any errors made by the payment processor.

8.10       Cancellation. You may terminate your subscription at any time by logging into your Coffee Break account and using the cancel feature. Cancellation of a Subscription may be subject to fees. We also reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method.

 

9                Security & Privacy

9.1          Brown Bean recognises the importance of keeping your personal information and data secure and private. To understand our security and privacy policies and practices, please read our Security & Privacy Policy

9.2          Please do not submit any personal information or data without first reading our Security & Privacy Policy which explains our data use and privacy practices in detail.

 

10     Promotions, Voucher Codes and Other Privileges and Programmes

10.1       From time to time, we may run promotions, contests, surveys, privileges and other programmes, subject to additional terms and conditions which can be found on the Site and are hereby incorporated by reference into these Terms of Use.

10.2       Promotions, contests, privileges and programmes are only valid for the time period specified by us.

10.3       The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”)

10.4       Each Voucher Code is only eligible for a single use and is only valid for the time period specified by Coffee Break.

10.5       The Voucher Codes may only be redeemed by purchasing certain products from us during the applicable validity period.

10.6       Use of any Voucher Code must be indicated at the time of checkout, and all information required by us must be provided. No retroactive use of the Voucher Code is permitted.

10.7       Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.

10.8       A minimum spend may be required before use of the Voucher Code is permitted.

10.9       Voucher Codes cannot be refunded, redeemed or exchanged for cash.

10.10   Resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by us, may be purchased by you and given to others.

10.11   No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.

10.12   Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.

10.13   We reserve the right to verify the validity of any Voucher Code and to declare null and void, any Voucher Code which in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.

10.14   We reserve the right to vary or impose such other terms and conditions as we deem appropriate from time to time by posting the varied terms and conditions on the Site or through the App.

10.15   Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.

10.16    Where you are permitted to return any product to us for a refund and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related.

10.17   Our decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.

10.18   We reserve the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.

 

11            Disclaimers and Disclaimer of Warranty

11.1       Merchant offerings and any other services offered via the site are offered and provided by third parties, not Brown Bean. Your use of the Services is at your sole discretion and risk. The Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind either expressed or implied from Brown Bean. In no event shall Brown Bean be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with a user’s use of service made through the Site or App, or the performance or non-performance of any provider in connection with the services.  In addition, all users specifically understand and agree that any third party directing users to the site or App by referral, link or any other means is not liable to the user for any reason whatsoever, including but not limited to damages or loss associated with the use of the services, the site or any content on the site. Brown Bean is neither an agent of nor is connected with any Merchant, other than as the providers of the Merchant Offerings and Services provided on the site or App. Brown Bean expressly disclaims all warranties of any kind, express, implied or statutory, relating to the services, including without limitation the warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Brown Bean disclaims any warranties, express or implied, (i) regarding the security, accuracy, reliability, timeliness and performance of the services; or (ii) that the services will be error-free or without omission, that any errors will be corrected; or (iii) regarding the performance of or correctness, accuracy, quality, currency, reliability, completeness or usefulness of any information provided by the services. or (iv) that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device

11.2       Content on the Services originates from a variety of sources, including Google Maps and other sources. Brown Bean attempts to be as accurate as possible. However, Brown Bean does not warrant that any estimation or description is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time without prior notice (including after you have submitted an order).

11.3       We disclaim all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users) or of any persons working or representing the coffee shops or other third parties, whether such acts or omissions occur during the use of the service or otherwise.

11.4       No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

11.5       Coffee Break content and Merchants information are made available to users for information purposes only. While we make our best efforts to keep Merchants information up-to-date, we cannot make any guarantees of its completion or accuracy.

 

12            Limitation of Liability

12.1       You agree that:

12.1.1      Brown Bean shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, App or Services without assigning any reason; and

12.1.2      access to or the operation of the Site, the App and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, Brown Bean shall not be liable for any loss, liability or damage which may be incurred as a result.

12.1.3      In no event shall Brown Bean or any of its officers, directors, employees, or agents be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, and/or consequential damages, arising out of or in connection with your use of the services  or content, including but not limited to the quality, accuracy, or utility of the information provided as part of or through the services, whether the damages are foreseeable and whether or not Brown Bean has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall Brown Bean’s cumulative liability to you exceed amounts paid to Brown Bean for use of the services. If you have not made any payments to Brown Bean for the use of the services, then we shall not have any liability towards you.

13            In addition to the foregoing, Brown Bean assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure. Brown Bean is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Brown Bean be responsible for any loss or damage, including personal injury or death, resulting from use of the services, from any content posted on or through the services, or from the conduct of any users of the services, whether online or offline.

 

14            Notification of Infringement

14.1       Brown Bean reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, App, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, App or Services, please notify us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).

14.2       All Infringement Notices shall be sent to Brown Bean addressed as follows:

Brown Bean Pte Ltd
6 Jiak Chuan Road
#03-01
Singapore 089262
Email address: hello@hellocoffeebreak.com
Attn: Coffee Break Executive Team

 

14.3       Brown Bean will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Brown Bean in respect of any Infringing Material, unless you have first given Brown Bean the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Brown Bean refuses or fails to remove the Infringing Material within a reasonable time. Where Brown Bean removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Brown Bean under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Brown Bean.

 

14.4       You acknowledge and agree that Brown Bean has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.

 

15            Jurisdictional Issues

15.1       The Site, App and Services are meant for use by residents of Singapore only. We make no representation that the Services and Contents of the Site or App are appropriate or available for use in your location. Those who choose to access this Site or App from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

16            Indemnity

16.1       You agree to indemnify, defend and hold Brown Bean and its respective employees, officers, agents, partners, directors, subcontractor and agents of each harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and cost (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising, directly or indirectly out of:

16.1.1      Any use of the Site, App or any Service;

16.1.2      Your connection to the Site or App;

16.1.3      Breach of any terms and conditions of these Terms of Use by you or anyone using your computer or password;

16.1.4      Any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services, including any transactions that you conduct or attempt

16.1.5      Your violation of any rights of another person or entity; or

16.1.6      Your breach of any statutory requirement, duty or law

16.1.7      Any other matter for which you are responsible hereunder or under law.

16.2       You agree that your use of the Services, including, without limitation, provision of services in connection with the Services shall be in compliance with all applicable laws, regulations and guidelines.

 

17            Severability

17.1       If any provision of these Terms of Use is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Use shall continue in force save that such provision shall be deemed to be deleted.

 

18            Relationship of Parties

18.1       Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between Brown Bean and you and neither party shall have any authority to bind the other in any way.

 

19            Waiver

19.1       No waiver of any rights or remedies by Brow Bean shall be effective unless made in writing and signed by an authorised representative of Brown Bean.

19.2       A failure by Brown Bean to exercise or enforce any rights conferred upon us by these Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

 

20            Force Majeure

20.1       No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

20.2       For purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use. Such circumstance or event shall include strikes, lockouts, industrial action or labour disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party.

 

21            Governing Law & Jurisdiction

21.1       These Terms of Use and all matters relating to your access to, or use of, the Site, App and the Services shall be governed by and construed in accordance with the laws of Singapore

21.2       You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

 


 

SECURITY & PRIVACY POLICY

Brown Bean respects your right to privacy and know that you care about how your personal information is collected, used and shared, and we take your privacy seriously. Your ability to make informed choices about the uses of your information is important to us. This section provides detail on how we collect, use and store information and data that we receive. Please read this Privacy Policy to understand how Brown Bean may collect, use and disclose your personal data, whether through the Coffee Break website, the software of App, or otherwise in the course of our normal business operations.

 

Consent
By accessing the Site, App and/or providing personal data to Brown Bean, you hereby acknowledge that you have read this Policy and that you consent to the collection, use and disclosure of your personal data by Brown Bean in accordance with this Policy. If you do not consent to the terms of this Policy, please do not access the Site, App or provide your personal data to Brown Bean.

Brown Bean does not knowingly collect or solicit personal data from those below the age of 18, or knowingly allow such persons to register an account with us (“Account”). If you are under 18, please do not use the Site or App, or attempt to register an Account or send any personal data about yourself to us.

 

What is Personal Data?
“Personal data” means data about a person who can be identified (i) from that data, or (ii) from that data and other information to which Brown Bean has or is likely to have access.

 

What personal data does Brown Bean collect?
We gather various types of personal data of our users and customers, as explained more fully below.

 

Data that is voluntarily provided. Brown Bean collects personal data that you voluntarily provide to us, whether through the Site, App or other platforms or channels (such as through email, telephone and other forms of communication). At various places on the Site or App, or in the course of obtaining the services provided by Brown Bean, you may be required to provide certain personal data such as your full name, email address, address, country of residence, telephone number, credit card and billing information, other personal information, or information about activities directly linked to a person, such as that person’s location, in order to access or use certain features or services of the Site or App, or to otherwise obtain our services. For example, personal data may be collected when you register an Account, join our Subscription program, enter a contest, promotion or survey, fill up a form, provide comments, suggestions or feedback, or when you contact our customer service or helpdesk via email, phone or other channels. You can always choose not to provide your personal data, but you may not be able to access or use certain features or services of the Site or App, or to obtain certain services from us.

In order to use our Services, you will be required to register and provide us with certain Personal Information. We also collect Personal Information when you make use of the Services or contact us for any other reason. We also collect the location of your mobile device when the Services are operating. If you use the Services by logging in through “Facebook Connect”, Google+ or another social network, we may also receive personal information about you which is provided by such social network.  

 

Data that is sent automatically. Brown Bean collects data that is sent automatically by your web browser, computer, mobile or tablet device. This may include your IP address, the address of the web page you were visiting when you accessed our Site, date and time of your visit, information about the device you are using and other information. Please check the settings of your browser and/or device if you want to know what data is automatically sent or if you wish to change your settings. Please also refer to the section on “Use of Cookies” below.

 

How We Use Information?
Except as expressly set forth herein, we will not share your Personal Information with third parties without your explicit permission, except when required by law, regulation, subpoena or court order. We may use Personal Information internally – for example, to help diagnose problems with our servers, to make Coffee Break more useful, to customize Coffee Break and personalize its content for you.

In addition, by analyzing all information we receive, including all information concerning users, we may compile statistical information across a variety of mobile applications and users (“Statistical Information”). Statistical Information helps understand trends and customer needs so that new products and services can be considered and so existing products and services can be tailored to customer desires. Statistical Information is anonymous and we will not link Statistical Information to any Personal Information. We may share such Statistical Information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.

Personal data collected by Brown Bean may be used:

  • to provide you with service information, and news;

  • to support the services offered on the Site and/or App;

  • to contact you for feedback about our services;

  • to conduct research about Brown Bean’s customer base or services;

  • to fulfil your reservation and purchase requests;

  • to inform you of promotions, offers, surveys, events, products and services, which may be of interest to you;

  • to process your payments including credit cheques and collection;

  • to customise your online experience according to your chosen interests and preferences and enhance your current and future visits to the Site, use of the App and customer experience with us;

  • to notify you of technical updates or changes in policy;

  • to update and back-up our records;

  • to reduce credit risk, detect and protect us against error, fraud and other criminal activity;

  • to comply with law, the requests of law enforcement and regulatory officials, or orders of court;

  • to enforce our legal rights and remedies; or

  • for such other purposes notified to you on or before collection or use of the data.

 

Who do we disclose your data to?
We do not rent, trade or sell your personal data. Your personal data will not be disclosed by Brown Bean to any third party, except to:

  • any affiliate, subsidiary or partner of Brown Bean;

  • our technology, marketing and logistics service providers;

  • credit card and payment processing companies;

  • lawyers, auditors, professional advisors and investors of Brown Bean; or

  • any other agents, service providers or subcontractors acting for or on behalf of Brown Bean,

  • to the extent required to carry out the purposes set out in Section 4, or to do anything at your request; or

  • where you expressly consent to such disclosure; or

  • where such disclosure is required or permitted by applicable law, statute, stock exchange regulation or by-law, regulatory or governmental order or court order.

From time to time, we may collaborate with other third parties to organise joint marketing and promotional campaigns, offers or contests, and may require disclosure of your information to such third parties. For example, where a promotion or Voucher Code is specially offered to customers of our third party partner, we may share your information with that partner to the extent relevant to such promotional campaign. In some cases, you may not be able to enjoy the promotion, offer or participate in the contest, unless you consent to disclosure to our partner of your information. “Voucher Code” refers to any credits, vouchers, coupons or codes offered by Brown Bean for use in the purchase of goods from us.

Recipients of your personal data may be located outside Singapore. You agree that we may transfer your personal data to our affiliates, subsidiaries and/or other third parties located outside of Singapore, as long as the personal data is handled in accordance with this Policy and all applicable laws. Brown Bean will ensure recipients of your personal data are legally bound to provide a standard of protection for your personal data comparable to the protection afforded under the Personal Data Protection Act 2012.

 

How long do we retain your data?
Personal data provided by you will be retained as long as the purpose for which the data was collected continues. Thereafter, Brown Bean will destroy or delete the information, or remove the means by which the data can be associated with you, unless its retention is required to satisfy legal, regulatory, accounting or other business requirements or to protect Brown Bean’s interests.

 

Is your data secure?
As your Account is protected by a password for your privacy and security, we ask that you take steps to protect against unauthorised access or use of your Account. Please select and protect your password appropriately and limit access to your device and/or browser by signing off after you have finished accessing your Account. You are responsible for any loss, theft and compromise of your password and Account Information, and any activity on your Account that takes place through unauthorised password use. 

Brown Bean understands the importance of keeping your personal data private and secure. We therefore put in place security arrangements to protect your privacy and personal data, in a manner that we believe is reasonably appropriate to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. Please be informed that despite our best efforts, no security measures are impenetrable. Unauthorised entry or use, hardware or software failure, and other factors, may compromise the security of your personal data. Brown Bean does not warrant or guarantee in any way that your personal information or private communications will always remain private and/or safe. Brown Bean hereby disclaims any responsibility or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorised access, collection, use, disclosure, copying, modification, disposal or similar actions with regard to any personal data held or maintained by us, except to the extent caused by our fault or negligence.

 

Linked Sites
Brown Bean may provide links to other sites ("Linked Sites") that may be of relevance and interest to you. Brown Bean has no control over, and are not responsible for the privacy practices or the content of such Linked Sites, and you hereby waive any claim against us with respect to the Linked Sites.

 

Use of Cookies

In order to improve our products and services, we collect data by way of “cookies”. Cookies help us measure the number of visits, average time spent, page views and other statistics relating to your access to the Site or App. This information allows us to better administer the Site and App, and provide a more tailored and user-friendly service to our Site visitors and App users. Cookies also enable you to use or access certain features or services of our Site or App, including the shopping cart and check-out features. For example, cookies help us store preferences or retrieve products in your shopping cart between visits, from our servers. Cookies are small data files that are sent to your browser from our Site or App and are stored on your computer’s or device’s hard drive. Each time you visit our Site or App from the same computer or device, the cookie will be retrieved from your computer or device, enabling our Site or App to recognise your computer or device as having previously visited our Site or App and thereby increase the functionality of our Site or App on your computer or device. Our cookies cannot be used to get data from your hard drive, to get your email address or any other data that can be traced to you personally. Most web browsers and devices can be set to notify you when you receive a cookie or to prevent cookies from being sent; if you use these features, you may limit the functionality we can provide you when you visit our Site or App. Also, if you log into the App, such a cookie will be used to recognize you as a valid user so you will not need to log in each time you use Coffee Break

* Google, as a third party vendor, uses cookies to serve ads on your site.

* Google’s use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.

* Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

Users can read the service terms and privacy policies of third party social networking services on their sites. The Privacy Policy for Facebook is available here, for Twitter here and for Google+ here.

 

Updating, Reviewing or Correcting Information
You may update, review or correct the Personal Information on the App, Site or Services, at any time e-mailing us at hello@hellocoffebreak.com. You are responsible for providing us with correct and updated information.

 

What choices do you have?
Keep in mind that the information we gather is in an effort to offer you a superior online shopping experience that is customized. You may be able to access, correct or update certain information. When you update information, however, we may maintain a copy of the unrevised information in our records.
 

You may request deletion of your account by sending an email to hello@hellocoffebreak.com. Please note that some information may remain in our private records after deletion of your account. We may use any aggregated data derived from or incorporating your personal data after you delete your account, but not in a manner that would identify you personally unless permitted by law.

 

Communications
We may send you e-mail, SMS, push notifications or other messages about us or our products and services. By accepting the Terms (including the terms of this Privacy Policy which are incorporated therein) or using the App, Site, or Services, you affirmatively consent to receive such commercial messages. As a registered member, you can remove your personal information from our mailing list and stop receiving future communication from us by following the unsubscribe link located at the bottom of each communication or by emailing us at hello@hellocoffebreak.com. You will also be given the opportunity to unsubscribe from commercial messages in any such e-mail or message we send.  Please note that we reserve the right to send you service related communications, including service announcements and administrative messages, relating either to your account or to your transactions on the App, Site, or Service, without offering you the opportunity to opt out of receiving them unless you cancel your account.

 

Other Uses or Transfer of Your Information
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behaviour or digital content of any user suspected to have engaged in illegal or infringing behaviour.

In providing the Services, we may use subcontractors that are located in countries other than your own, and send them information we receive. For example, we may send your information to any countries outside of Singapore. All our subcontractors will be subject to non-disclosure and non-use obligations. Nevertheless, some countries may have levels of protection of personal and other information which are not as high as in your country of residence or business.

We may transfer our databases containing your Personal Information if we sell our business or part of it.

 

Questions or Concerns
Please direct any questions or concerns that you may have regarding our handling of your personal data to:

Attn: The Data Protection Officer
Email: hello@hellocoffebreak.com

Please provide your name, contact number, email address and all relevant details along with your question or concern, so that we can review and respond to your question or concern in an efficient and effective manner.

 

Right to Amend Policy
Brown Bean reserves the right to amend the prevailing Security & Privacy Policy at any time and will place any such amendments on this Site or App.

 

Governing Law
This Policy is governed by and shall be construed in accordance with Singapore law including without limitation the provisions of the Evidence Act (Chapter 97), Electronic Transactions Act (Cap. 88) and the PDPA, without giving effect to any principles of conflicts of law. You agree to submit to the non-exclusive jurisdiction of the Singapore courts.

 

Disclaimer
Our Services may contain links to other websites. Please note that we are not responsible for the privacy practices of such other websites and advise you to read the privacy statements of each website you visit which collects Personal Data.


Coffee Break Referral Programme Terms and Conditions

The Coffee Break Referral Program (“The Program”) allows registered Coffee Break users (a “Coffee Break User”) to earn promotional credits (“Credits”) by referring friends to Coffee Break.

To participate, Coffee Break Users must agree to these terms, which become part of the Coffee Break Terms of Service. Capitalised terms that are not defined here will have the same meaning given to them in the Coffee Break Terms of Service.

How to Earn Referral Credits

Coffee Break Users can earn Credits if: (i) a referred friend uses their referral code to create a valid Coffee Break account that complies with our Terms of Service; and (ii) the referred friend completes a Qualifying Purchase.

The referring Coffee Break User will be credited with 5 Credits after the completion of the referred friend’s Qualifying Purchase. The Credits will expire in 1 month. With every additional new successful referred friend, the Credits validity will be extended by 1 month to a maximum of 6 months, unless indicated otherwise in the referral invitation or accompanying promotional materials.

Qualifying Purchase

Qualifying Purchase is the successful completion of the initial purchase of an Eligible Coffee Break Subscription plan. The Eligible Coffee Break Subscription plan will be updated from time to time

The Eligible Coffee Break Subscription plans are the following:
Basic, Advanced, Master plans

Redeeming Credits

Credits may only be redeemed via the Coffee Break Application. Credits will automatically appear as Bonus Credit on the profile page, and must be used within 1 month from the date they are issued. After 1 month, the Credits will expire. Credits are coupons issued for promotional purposes; they have no cash value and may not be transferred or exchanged for cash.

Credits may not be earned by creating multiple Coffee Break Accounts. Credits accrued in separate Coffee Break accounts may not be combined into one Coffee Break account.

If for any reason you believe that there is a discrepancy regarding your balance of Credits, please contact us. Coffee Break may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Coffee Break’s sole discretion.

Sharing Referral Links

Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs with the primary purpose of soliciting Credits. Coffee Break Users are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Coffee Break Users are prohibited from paying to advertise their referral links.

Multiple Referrals

A referred friend may only use one referral code. If a referred friend receives referral codes from multiple Coffee Break Users, only the corresponding Coffee Break User of the referral code used by the referred friend will receive Credit.

The Programme may not be combined with other Coffee Break referral programs or incentives. 

Severability

If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

Termination and Changes

Coffee Break may suspend or terminate the Referral Programme or a user’s ability to participate in the Referral Programme at any time for any reason.

We reserve the right to suspend accounts or remove Credits if we notice any activity that we believe is abusive, fraudulent, or in violation of the Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.

The scope, variety, and type of services and products that you may obtain by redeeming Credits can change at any time.

Updates to the Terms

We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the hellocoffeebreak.com website, applications, or services, which are effective upon posting. Continued participation in the Referral Programme after any modification shall constitute consent to such modification.