IMPORTANT! PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU.

  1. Acceptance of these Terms and Conditions of Use

These Terms and Conditions of Use apply to your access to and use of all or part of this DVENDS TECH SDN. BHD. and Mobile Application (“Mobile App”) of DVENDS TECH SDN. BHD. [Company No.: 1016201W] (the company) or its affiliated companies. By clicking “I agree” or by accessing and/or using or Mobile App, you agree to be bound by these Terms and Conditions incorporated by reference (the “Terms of Use”). If you do not agree to these Terms of Use, please do not use this Mobile App.

These Terms of Use shall be effective upon your acceptance of and agreement to them (either by clicking “I agree” or when you first access this Mobile App).

As used throughout this Mobile App and these Terms of Use, the term “the company ” and such terms as “the company”, “legal entity”, “the corporation”, “we” “our”, or “us” may refer to the company and/or , or one of more or all of the company related corporations and/or its affiliates. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs.

The company reserves the right to modify, update, replace or change any or all of these Terms of Use or its policies relating to the Services at any time and from time to time, by posting an updated or revised version at this page. Any modification, update, replacement or change to the Terms of Use or any policy relating to the Services shall be effective upon posting of the updated to these Terms of Use, it is your responsibility to review these Terms of Use regularly to ensure you are aware of the most recent terms as they will be binding on you and your use of the Mobile App and Services. Your continued use of, or access to, the Applications and/or the Services will be deemed to constitute your agreement to and acceptance of such changes. If you do not agree to any update or change, you must immediately cease using and accessing the Application and the Services. Further, the company may at any time and from time to time introduce updates, changes, enhancement, changes or new features to the Mobile App. Any such changes or new features introduced will be subject to these Terms of Use.

Registration of Account

In order to access and use the Mobile App and Services, you must set up and register a user account (“Account”) on the Mobile App. You are required to provide your full name, a valid email address and such other information as may be required in the Mobile App in order to register an Account and confirm that you are not a minor. The company may contact you through the email address you have provided regarding the Mobile App and Services, and for other purposes as may be mentioned in these Terms of Use and Privacy Policy. You are required to create a password to complete the registration of your Account. You are solely responsible to keep the password secure and not to reveal it to any other person. By creating and registering an Account, you represent and warrant that all information provided in connection with the registration and use of the Account are true, accurate and not misleading. You further agree that:

  1. You will not share password or allow any other person to access your Account, or otherwise do anything that may or will violate the security of your Account;
  2. You will keep all information provided by you through the Application up to date and accurate.

You are responsible for the use of your Account and all activities that are carried out through the Account, whether authorized or unauthorized and must notify the company immediately if you become aware of any unauthorized use of or access to your Account.

Services

The company may offer and provide the following services (“Services”) through the Mobile Application:

  1. Online store – using the Mobile App to purchase product of the company
  2. Pickup order – using the Mobile App to pickup purchased product in said location.
  3. Any other services as the company may introduce through the Mobile App from time to time

Further, the company at any time and from time to time introduce updates, enhancement, changes or new features to the Services. Any such changes or new features introduced will be subject to these Terms of Use.

If and when you use the Services, the company will be able to obtain data about your location through the Mobile App. If you do not wish to allow or enable the company to do so, you should de-activate the functionality for the relevant Service(s), in which case you will not be able to use such Service(s).

Location Services

If activated, the location services functionality allows the Application to be used to determine the locations of nearby the company .

Promotions, Offers and Discounts

The company may from time to time introduce promotions or offers for purchase of its goods and services through the Mobile App.

Any such promotion, offer or discount will be subject to applicable terms and conditions set out in the “Notifications” or other relevant section of the Mobile App (or the relevant link embedded therein), or other communications or marketing materials that may be issued by The company in relation thereto.

If and where The company issues communications or marketing materials to you via SMS and/or email, you will be able to opt-out of receiving communications or marketing materials through the relevant “Unsubscribe” link or by contacting The company . For communications or marketing materials issued by The company through the Mobile App, you may disable or change your preferences for receiving notifications of such communications or marketing materials through the relevant Settings function of your mobile device. Please note that if you opt-out of receiving such communications or marketing materials or notification thereof, we may still send you service-related messages such as transaction receipts or maintenance notices.

Application and Account Security

You are prohibited from violating, or attempting to violate, the security of this Mobile App and your Account. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Mobile App or your Account include:

  1. Logging into or attempting to log into a server or user account that you are not authorized to access
  2. Accessing data or taking any action to obtain data, information or services not intended for you or your use
  3. Attempting to probe, scan or test the vulnerability of any system, network or user account
  4. Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures
  5. Circumventing any system or mechanism in the Mobile App that is designed and intended to limit your access to areas within, or components of, the Mobile App
  6. Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with the Mobile App or any user account’s functionality or operations;
  7. Using the Mobile App in a manner or committing any act which is detrimental to, or in violation of, the company and/or a third party’s systems or network security, or which could otherwise damage or impair the servers or networks used by the Mobile App or by other users of the Mobile App
  8. Interfering with service to, or engaging in any denial of service attack of, the Mobile App, any user, host or network including, without limitation by means of overburdening or ‘flooding’, any computer system.

Accessing Using the Mobile Application

You acknowledge that the availability of the Mobile App is dependent on the third-party platform from which you download the Mobile App (for example, Apple App Store or Google Play Store). Each of these platforms may have its own terms and conditions for the downloading, installation and use of the Mobile App, and you agree that it is your responsibility to ensure compliance with such terms and conditions. In accessing and using this Mobile App, you must not:

  1. Post, send or otherwise transmit to or through the mobile app any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that the company in its sole discretion does not wish posted or transmitted on the mobile app
  2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
  3. Upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same
  4. Misrepresent your identity or affiliation in any way
  5. Engage in deceptive online marketing
  6. Violate any applicable laws or regulations
  7. Use the mobile app in a matter that would violate these terms of use or any policy posted in the “about” or others section(s) of the mobile app
  8. Assist or permit any persons in engaging in any of the activities described above The company, at any time without prior notice, restrict, block, suspend or disable your access to all or some parts of the Mobile App or Services, and/or edit or remove any content within the Mobile App including any material which in the company ’s reasonable opinion may give rise to a breach, or be in violation of these Terms of Use or any applicable law, or which the company considers in its discretion might be otherwise offensive, harmful or objectionable.

User Submissions

You must exercise caution, good sense and sound judgment in using the Mobile App. You are responsible for any material or information you place on or transmit to or through the Application. You agree, represent and warrant that any information you post to or transmit through the Mobile App is truthful, accurate, complete, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

Copyright

Subject to your compliance with these Terms of Use, the company grants you a non-transferable, non-exclusive, non-sublicensable, royalty free license to install, view, use and access the Mobile App in Malaysia solely for your legitimate personal purposes (which excludes seeking to commercialize the Mobile App or Services).

All content included on this Mobile App, such as text, graphics, logos, buttons, icons, images, video clips, audio clips and software, is the property of the company , its content suppliers or vendors and is protected by the laws of the country applicable in each specific context and international copyright laws. The compilation, (collection, arrangement and assembly) of all content on this Mobile App is the exclusive property of the company and is protected by the laws of the country applicable in each specific context and international copyright laws. No material from this Mobile App may be copied, reproduced, republished, modified, adapted, uploaded, posted, transmitted, or distributed in any way without prior written permission of the copyright owner. Modification of the materials or use of the materials for any other purpose is a violation of the company ’s copyright and other proprietary rights. Prior written permission for all other uses of materials contained herein, including reproducing and distributing copies, or framing of any part of this Mobile App on another website, must be obtained from the company in advance. Requests for such authorization should be sent via email to:”Email”. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related good will are proprietary of the company .

All software used or made available on this Mobile App is the property of the company or its software suppliers and is protected by the laws of the country applicable in each specific context and international copyright laws. In the event that you are permitted by the company to download and you download software from the Mobile App, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by the company subject to any terms of use accompanying the Software. The company does not transfer title of the Software to you. You may own the medium on which the Software is recoded, but the company retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, modify, adapt, decompile, reverse engineer, disassemble or otherwise reduce the Mobile App or Software to a human-perceivable form, except to the extent permitted by applicable law and subject to prior written consent from the  company of such activities.

Trademarks

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to the company or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

Termination of Account

You acknowledge that the company may terminate your access to your Account or membership to this Mobile App at any time, for any reason, with or without cause. Upon termination of your access to your Account or membership to this Mobile App, the company shall have the right to deactivate or delete your Account and all data and content provided by you or about you.

Third-Party Software and Services

The Mobile App may contain various third-party software components and services (including the third-party merchant facilities and etc.). By using the Mobile App, you agree and consent to the company ’s use of these third-party software components and services. You are also agreeing to any applicable terms of conditions, licenses or privacy policies related to that third-party software component and service. A breach of those terms and conditions, licenses or privacy policies shall be deemed a breach of these Terms of Use. By using the Mobile App, you:-

  1. Expressly relieve the company from any and all liability arising from your use of any third-party components or services embedded in the mobile app, and
  2. Agree that, with respect to the third-party components and services and to the maximum extent permitted by applicable law, the company is not responsible for the manner in which your data is processed.

Links

The Mobile App may contain links to other non-the company websites or applications. These links are for convenience only and may not be current or be maintained. Certain of these linked websites or applications may make use of the company proprietary intellectual property rights (such as trademarks, service marks, logos, and trade names) under license from the company . The company is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website or application. In additional, providing links to these sites or other applications should not be interpreted as endorsement or approval by the company of the organizations sponsoring the sites or applications, or their products or services.

Jurisdictional Issues

The Mobile App is controlled and operated by the company from its offices within Malaysia. The company makes no representation that materials in the Mobile App are appropriate or available for use in other locations or geographies. Those who choose to access the Mobile App from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Access to this Mobile App from jurisdictions where the contents of this Mobile App are illegal or penalized is prohibited. No data, information or software from the Mobile App may be downloaded or otherwise or re-exported

  1. Into or to a national or resident outside of Malaysia
  2. Prohibited under Malaysia’s customs, import and export laws and regulations. By downloading or using the Mobile App or Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disclaimer

The Mobile App and Services are provided and made available “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the company disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. The company does not warrant that access to this Mobile App or the Services or to the functions contained in the Mobile App will be uninterrupted or error-free, that defects will be corrected, or that this Mobile App or the server that makes it available are free of viruses or other harmful components. The company does not make any representations or warranties regarding the use or the results of the use of the Mobile App in terms of their correctness, accuracy, currency, availability, reliability, or otherwise. Applicable law may not allow the exclusion of some or all implied warranties, so to the extent that such laws are applicable, part or all of the above exclusions may not apply to you. The company has no obligation to monitor your access to or use of the Mobile App or Services but has the right to do so for the purpose of ensuring your compliance with these Terms of Use or to comply with applicable law or an order or requirement of a court or governmental agency. Some features of the Mobile App may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the Mobile App or Services may required access through your mobile network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.

Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall the company be liable for any compensatory, punitive, indirect, special or consequential damages that result from the use of, or the inability to use, the Mobile App or the Services, even if the company or any related body authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall the company’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to the company , if any, for using this Mobile App and the Services.

Indemnity

You agree to indemnify, defend and hold the company , its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from:

  1. Your breach of these terms of use; and/or
  2. Your activities in connection with this mobile app and/or the services

Disclosure; Product Statements

This Mobile App contains information on products and services of the company and its related entities. While the company tries to ensure that all information on this Mobile App is accurate and current at the time of posting, all information on the company ’s products and services on this Mobile App should not be relied on as definitive, final, current or complete, and you agree to contact the company directly for more detailed and updated information on its products and services instead of placing any reliance on any product or service information on this Mobile App.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law. By accessing and/or using this Mobile App or the Services, you submit to the exclusive jurisdiction of the Malaysia courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use shall not affect the validity and enforceability of any remaining provisions. No third party shall have any right to enforce any provision of these Terms of Use other than a permitted assignee or transferee. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing. No failure to exercise or delay in exercising any right, power or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

Loyalty Programme

Loyalty Programme is available in the company Mobile App (“Mobile App”) which is currently available for download at iOS, Android.

Those who is interested to become the company ’s loyalty member is required to download and install the Mobile App on your mobile device and complete the registration.

Loyalty Programme is open to all everyone and shall be governed by these terms and conditions below (“Membership Terms”). By submitting the registration form through the Application and participating in the Loyalty Programme, you agree to be bound by the Membership Terms set forth below including any amendments ,the company may make at its sole discretion from time to time. By your continued participation in the Loyalty Programme, you agree to be bounded by these Membership Terms.

Upon successful registration of your Account through the Mobile App, you will be granted the company ’s membership and it is free of charge. Registered member (“Member”) with the company ’s Loyalty Programme will enjoy the privileges as stated below:

– Free of charge, lifetime membership
– No physical Loyalty Card will be issued
– Collect points while making purchases in any of our stores & the Mobile App
– Points earned will be accumulated and turned into Reward Points for redemption
– Participate in in-store marketing activities / campaigns to win shopping vouchers

The privileges under this Loyalty Programme may be subject to change from time to time at the company ’s discretion without stipulating any reason or explanation.

Each Loyalty Member’s account is non-transferable and points collected during your purchase is non-transferable also.

This Loyalty Programme can only be used in Malaysia at this moment.

Points Collections

  1. Every products purchased in the company and/or Mobile App by Member in a Transaction is entitled to points, exclusive of any SST/GST charged (if applicable).
  2. Every transaction is only entitled for only one (1) Member to collect points.
  3. Every product of the company will have different amount of points entitled to member. Kindly refer to the example as below:
  • During check out at the physical store, the member is required to open the Mobile App and open the QR code to allow the scanner in physical store to scan the QR code.
  • Points collected shall be on cumulative basis and will be terminated if the user do not perform any transaction in 365 days.
  • The company will send a reminder through email / push notification before termination of point.
  • The company and/or will not be responsible if the below scenario would to happen during the check out; therefore, total amount spent will not be recorded and points are not earned:
    • Member is unable to log in due to mobile network is out of coverage area
    • Member is unable to log in due to version of the Mobile Apps has expired
    • Member’s mobile phone is offline, ie: due to low battery, faulty and etc.
    • Member’s mobile phone is not connected to internet or running out of data connection
  • Points earned from every transaction may take up to maximum twenty-four (24) hours to be reflected in the Mobile App. In the event points earned is not updated after twenty-four (24) hours, kindly contact our customer service via the Mobile App @ Feedback, within seven (7) working days. Any request or inquiry raised after seven (7) working days will not be entertained, and any unrecorded points will not be recognized. Kindly email the receipt number in order to claim the points for such transaction.
  • The company and/or reserves the rights to correct/adjust the points balance if we believe/notice/find out there is any error(s) of points recording has occurred for any particular transaction(s).
  • The company and/or reserves the rights to refuse rewarding any points and/or to remove any points rewarding to Member if any points earned in any particular transaction(s) were in error or due to any fraudulent or breach of these Membership Terms, without any prior notice given to Member.
  • All points earned by Member are not transferable to any other Member/Account/Mobile Number, which shall include the changed of the mobile number. In the event if you wish to terminate/change the mobile number that you are currently using, please ensure you have completely redeemed your voucher if there are sufficient points for you to do so.

Points Redemptions

  1. Redeem voucher which Member can instantly use as cash discount in the next purchase.
  2. In the event if the transaction has completed where payment is tendered, there will beno  cancellation/void receipt for such transaction due to any reason.
  3. Any unused/unredeemed points will expire or cancelled if no transaction performed more than 365 days.
  4. Reward Voucher converted from points earned can be used in the purchases made in any the company with no minimum purchase required.
  5. For any successful redemption of voucher, points will be deducted automatically from your Mobile App on first in first out basis. Meaning, points earned at the earliest date will be deducted first, followed by points earned at later date, until which the full points required for the voucher redemption is achieved.
  6. All vouchers redeemed from the points cumulation are not transferable to any other Member/Account/Mobile Number, which shall include the changed of mobile number. In the event if you wish to terminate/change the mobile number that you are currently using, please ensure you have utilised all your vouchers.

Reward Voucher

  1. All Reward Vouchers can be used at any physical store of the company .
  2. All Reward Vouchers and/or voucher redeem with points will expire 30 days after redemption, or any date stated on the Reward Voucher. Any unused vouchers will expiry and points used to redeem the voucher will be forfeited.
  3. Different Reward Voucher will have its own expiry date depending on the terms and conditions of the campaign.
  4. Members shall pay the price different if the Transaction Value is higher than the amount of the Reward Voucher used for redemption. In the event where Transaction Value is lower than the amount of Reward Voucher, the price difference will not be refunded.
  5. In the event if you wish to return any defective/damage items, where the Transaction Value was made using the voucher, there will be no cash refunded to you.
  6. Reward Voucher is not transferable or exchangeable for cash if unused.

General Terms

  1. The company reserve the right to vary, delete or add to any of these Membership Terms without prior notice to you. These Membership Terms, may be amended from time to time and shall prevail over any provisions or representations contained in any other promotional materials advertising this Loyalty Programme.
  2. The company may cancel, terminate or suspend this Loyalty Programme with 30 days’ prior notice. For the avoidance of doubt, any cancellation, termination or suspension of this Loyalty Programme shall not entitle you to any claim or compensation against the company / and/or any of its affiliated companies for any losses or damages suffered or incurred by you as a result of any cancellation, termination or suspension of this Loyalty Programme.
  3. Termination of this Loyalty Programme will take effect on the date stated in the termination notice. Members must utilise all Reward Vouchers or points accumulated within 30 days from the termination date. Any unutilised Reward Voucher or points accumulated will be automatically cancelled upon expiry of the 30-day notice period.
  4. The company / and/or any of its affiliated companies shall not be liable for any loss or damage of any kind including any loss of income, profit, goodwill, indirect, special or consequential damages howsoever arising, that result from using this Mobile App in this Loyalty Programme.

Refund Policy

  1. The company reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the e-Wallet Credits or such other method as is deemed reasonable by the company. We will generally refund you through the same method as your payment method, subjected to the refund period set by the individual payment method.

Terms & Conditions