Last updated on 14/03/2019
THE FOLLOWING TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS IN CONNECTION WITH YOUR USE OF THE BREWERSCLUB.CO WEBSITE.
BY CONTINUING TO USE OR ACCESS THE BREWERSCLUB.CO WEBSITE, AND ANY OF OUR OTHER SERVICES, YOU ARE HEREBY EFFECTIVELY AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS, WHICH MAY BE UPDATED FROM TIME TO TIME.
IF YOU ARE UNWILLING OR UNABLE TO ABIDE BY THESE TERMS, KINDLY EXIT BREWERSCLUB.CO WEBSITE AND DISCONTINUE YOUR USE IMMEDIATELY.
Welcome to BrewersClub Coffee. By accessing or using BrewersClub Coffee applications, tools and features (collectively, the “BrewersClub.co Website”), You hereby agree that you have read, understood and accept to the following Terms and Conditions (the “Terms” or the “Agreement”), which are legally binding as entered by and between You and Coffee Autonomy PLT (LLP No. LLP0012339-LGN), a registered company based in Malaysia. (“Coffee Autonomy PLT”).
By agreeing to these Terms of Service, you also represent that you are at least 18 years old of age or the age of majority in your state or province of residence, whichever is lower.
“You” and “Your” shall refer to you, as a user of BrewersClub.co Website.
“User”, “Subscriber”, “Brewer”, and “Member” shall refer to someone who accesses, browses, crawls, scrapes, subscribes or in any way uses BrewersClub.co Website.
“We,” “Us,” “Our” and “Company” shall refer to Coffee Autonomy PLT.
“BrewersClub Coffee”, “BrewersClub”, and “BrewersClub.co Website” shall refer to the website https://brewersclub.co.
“Vendors”, “Sellers” and “Roasters” shall refer to the vendors who list and supply the products to Users by and through BrewersClub.co Website.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.
“Your Content” or “User Content” refers to the Content that You’ve submitted, transmitted, posted, or made available to BrewersClub.co Website through your account or otherwise.
“Coffee Autonomy Content” means the Content that we’ve created and made available on BrewersClub.co Website.
“Third Party Content” refers to the Content that originates from parties other than Coffee Autonomy PLT or its Users in connection with BrewersClub.co Website.
“BrewersClub.co Website Content” means all available Content on BrewersClub.co Website, including User Content, Coffee Autonomy Content, and Third Party Content.
“Posting” and “Publishing” mean uploading, posting, transmitting, sharing, storing, submitting or otherwise making available such information or Content on to BrewersClub.co Website.
2. CHANGES TO THE TERMS.
We reserve the right to modify Our Terms from time to time as applicable. Although such changes to the Agreement may occur unexpectedly, without any prior notice, the most current version of Our Terms will always be located on this page. When in doubt as to its timeliness, check the top of the page, which should indicate the last date of revision.
All modifications to the Terms become effective and legally binding upon their posting onto BrewersClub.co Website. As such, it is Your responsibility to regularly visit this page to review these Terms. Please note that Your access and use of BrewersClub.co Website indicate Your acceptance of the effective Terms as of that time.
3. THE BREWERSCLUB.CO WEBSITE.
3.1 Eligibility and Registration
Becoming a member of BrewersClub is as easy as writing your name on a sign-up form, however, you must agree to be bound by this Agreement and be at least 18 years of age, or at least the age of majority in your state or province of residence.
Your Use of the BrewersClub.co Website is at your own risk as you might encounter Users trying to publish or post reviews and other Content that is offensive, inaccurate, objectionable, or otherwise inappropriate. We will attempt to stop such Users from accessing and using the BrewersClub.co Website, but please be advised that we are under no obligation to do so, even upon request.
3.2 The BrewersAccount
To use certain features of BrewersClub.co Website, You are required to have a BrewersAccount. You are responsible for maintaining the confidentiality and security of Your account log-in information, particularly your username and password. Also, You must keep Your account accurate, current and up to date at all times.
At no time are You allowed to impersonate someone else, create or use an account for anyone other than Yourself, or register for multiple accounts. All activities related to Your account are Your sole responsibility. In the event of any unauthorized use, You must notify us immediately. Please be advised that regardless of the situation Coffee Autonomy PLT reserves the right to close, disable or delete Your account for any or no reason, without notice or liability of any kind.
3.3 Business and Product Listing Services
Coffee Autonomy PLT provides Listing Services for Vendors to list their business and products. Coffee Autonomy PLT has no ownership in the products of the Vendors, including but not limited to products offered through BrewersClub.co Website.
Furthermore, Vendors provide all Content and information relating to their products and profile pages, and as such, this Content shall be considered strictly as Third Party Content under the terms and conditions of this Agreement.
The timely fulfillment and quality of all orders placed by Users to the Vendors are also the direct and sole responsibility of the Vendors.
Any and all representations made by the Vendors, including but not limited to any certifications regarding Halal status, organic production standards of the product and fair trade, are so claimed by Vendors, only, without any such further approval or corroboration by Coffee Autonomy PLT.
COFFEE AUTONOMY PLT MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY CERTIFICATION, CONTENT OR PRODUCT THAT IS LISTED OR SHOWN ON THE BREWERSCLUB.CO WEBSITE. ACCORDINGLY, COFFEE AUTONOMY PLT IS NOT LIABLE TO ANY USER OR SUBSCRIBER FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM HIS OR HER RELIANCE UPON SUCH THIRD PARTY CERTIFICATION, CONTENT OR PRODUCT.
THE PURCHASE AND USE OF PRODUCTS AND SERVICES THROUGH BREWERSCLUB.CO WEBSITE ARE SO OFFERED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO VENDORS, AND THEREFORE, ALL USERS AND SUBSCRIBERS ACT AT THEIR OWN DISCRETION AND RISK.
3.4 Subscription Box
Coffee Autonomy PLT offers a Subscription Box service which features selected products supplied by the Vendors. If you order the Subscription Box, your orders will automatically renew every payment cycle until you cancel your Subscription. Coffee Autonomy PLT may change the pricing for any portion of the Subscription(from time to time in its sole discretion) by updating the Site and without any additional notice to you, provided that any changes will not take effect until your subscription renews. We may also periodically send you extra gifts in your Subscription Box at no additional cost to you.
3.5 Refunds and Exchange
Payments made are generally non-refundable. However, at BrewersClub, we want you to be completely satisfied with your purchases.
We recommend you immediately inspect any products that you received to ensure you are completely satisfied with the products, including that the products are of acceptable quality, and match the description we have provided to you.
If you are dissatisfied with the condition of the product, we will exchange your product with the same or similar product of equal value so long as you contact us by email at email@example.com within SEVEN(7) days starting from the day the products are delivered to you.
Naturally, this Refunds and Exchange section only applies when you make a purchase from BrewersClub.co website and does not apply to purchases made at Third Parties or Vendors’ websites.
3.6 Payment Processing
All payment processing shall be done by and through Braintree Payment, a service under PayPal Pte. Ltd (“Braintree”) when you Checkout your shopping cart for regular products and/or on the anniversary of the selected frequency of delivery for subscription products (e.g. if a User chose a monthly delivery, payment shall be processed on the one-month anniversary in perpetuity, until the User modifies the frequency, pauses their Subscriptions, or cancels their account.)
To use Braintree’s services, and in turn BrewersClub.co Website, You must enter into and accept the terms and conditions of the Braintree Payment Services Agreement, located at https://www.braintreepayments.com/en-my/legal/payment-services-agreement (“Braintree Payment Services Agreement”). By accepting this Agreement, You hereby acknowledge and agree to be bound by the Braintree Payment Services Agreement, as may be amended from time to time.
As a condition of this Agreement, You agree to provide Coffee Autonomy PLT with accurate and complete information about Yourself. You hereby authorize Coffee Autonomy PLT to share with Braintree any transactional information related to and associated to the use of the payment processing services. If You have any questions regarding payment processing, You should contact Braintree directly.
4.1 Your Content
We encourage you to contribute to BrewersClub by posting and publishing Your Content at the designated pages, forums and online spaces. Given that one of our main purposes is to facilitate conversations regarding the products, we truly value the input of our Users.
Since Your Content is just that, yours, You alone are responsible for the accuracy, truthfulness and reliability of that Content along with any and all associated risks. When You post Your Content on BrewersClub.co Website, You represent and warrant that You own or have obtained the proper authorization to publish such Content.
Be advised that you may expose yourself to liability for posting, transmitting, sharing or otherwise making available Content that is false, intentionally misleading, defamatory, infringing upon third-party rights, unlawful, or otherwise harmful.
Although we may review, edit, or remove any Content from the BrewersClub.co Website at times, we make no representations as to any regular monitoring or checking of the appropriateness, reliability or quality of the Content.
4.2 License to Use Your Content
When You post Your Content to the BrewersClub.co Website, You automatically grant Coffee Autonomy PLT an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content, for any purpose on or in connection with the BrewersClub.co Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Also, you irrevocably waive and cause to be waived against Coffee Autonomy PLT and its Users any claims and assertions of royalties, fees, moral rights or attributions associated with Your Content.
4.3 Coffee Autonomy Content
As mentioned previously, the information, opinions and reviews that You post on BrewersClub.co Website are Your Content, and You own Your Content. We only provide the platform and online services, which allow you to post Your Content on BrewersClub.co Website.
In turn, we own all Coffee Autonomy Content, which includes visual interfaces, interactive site features, graphics, design, computer codes, software, and all other elements of the BrewersClub.co Website, excluding Your Content and Third Party Content.
Also, we possess the copyrights, trademarks, service marks, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Coffee Autonomy Content. Such IP Rights are solely retained by Us, and You have no express or implied rights to modify, reproduce, distribute, create derivative works or adaptations of or in any way exploit any of the Coffee Autonomy Content in whole or in part, unless otherwise authorized to do so.
4.4 Third Party Content
Contents posted on BrewersClub.co Website may direct You to third-party web sites or include links or information from Third Party Content. Third Party Content is not investigated, monitored or checked for accuracy, reliability or completeness by us. The posting of any such Third Party Content does not indicate any kind of implied approval or endorsement by us. If you decide to access, use or rely upon any third party websites or Third Party Content, you do so at your own risk.
4.5 Removing and Editing Content
Although we have no obligation to monitor or check the reliability and appropriateness of Your Content, we reserve the right to edit, remove, or screen such Content at Our sole discretion, for any or no reason, without any prior notice.
If You fail to comply with our Content Guidelines, as outlined in Section 6, then you may be in violation of this Agreement, and consequently, Your Content may be deleted and Your account closed. We are under no obligation to provide You with any notice of such actions or to offer You any copies of Your Content prior to deleting it from BrewersClub.co Website.
5. CONTENT GUIDELINES.
Coffee Autonomy PLT welcomes and encourages Users to contribute to the BrewersClub.co Website by posting Content. To help clarify any confusions, listed below are a few publishing guidelines for Your Content.
- Use English language
We have Users from diverse backgrounds and nationalities. Please post and share in English so that everyone can feel included and welcome.
- No promotion, advertising or spam
This is a consumer-friendly platform and site, and We would like to keep it from being overrun by promotional offers and other similar commercial content. Therefore, You are precluded from posting any promotional content, including advertisements, event invitations or product offers.
- No Hate Speech or Bullying
There will be zero tolerance for any form of bullying, trolling, hate or discriminatory speech about things like race, religion, culture, sexual orientation, gender or identity. Let’s talk about things that unite us rather than divide us.
- Play Nice and Respect Each Other
We understand that people disagree on occasion, but kindness is required. Let’s treat everyone with respect. We’re all in this together to create a welcoming environment.
- Accuracy and Truthfulness
User trust is important to Us. Be Yourself and do not impersonate any person or entity. Do not misrepresent Yourself or Your age. Do not falsely state or post information on BrewersClub.co Website. Make sure all Your Content is factually correct as other Users might rely on that information.
- Respect Everyone’s Privacy
Being part of this BrewersClub requires mutual trust. Do not publicize other Users’ or individuals’ private information, including their names, phone numbers, and addresses, onto Our Site without first obtaining their permission. You are solely responsible for all your interactions, messages, and posts with other Users or individuals on BrewersClub.co Website. We do reserve the right, but have no obligation, to monitor disputes between you and other Users.
- Photographs, Videos, Links, and Third Party Content
- Intellectual Property
You are explicitly prohibited from promoting or distributing illegal or unauthorized copies of copyrighted work or proprietary materials. Such promoting or distributing includes providing computer programs or links onto BrewersClub.co Website that direct others to such illegal and/or unauthorized materials.
The following uses of BrewersClub.co Website, though not be construed as an exhaustive list of all restrictions, are explicitly prohibited and constitute an automatic violation and breach of this Agreement. All situations involving a possible violation of the Terms may be subject to an investigation by Coffee Autonomy PLT if the Company finds such an investigation to be suitable and appropriate. Nonetheless, as per Your request alone, we are not obligated to enforce any of the following terms and conditions on Your behalf against another BrewersClub User.
You represent and warrant that You will not act, perform, assist, encourage or enable others to use the BrewersClub.co Website in such a manner that would result in:
- Content that is (a) libelous, defamatory, obscene, abusive, or threatening; (b) an invasion of a party’s privacy rights and/or rights of publicity; (c) an infringement of a party’s intellectual property rights, including any copyrights, trademarks, patents or trade secrets; or (d) unlawful as it violates municipal, state or federal laws;
- Modification, adaptation, appropriation, reproduction, distribution, or creation of derivative works or adaptations of, publicly displays, selling, trading, or in any way the exploitation of BrewersClub.co Website or Coffee Autonomy Content, except as expressly authorized by the Company;
- Reverse engineering of any portion of the BrewersClub.co Website or any attempt to do the same;
- An unauthorized access to the BrewersClub.co Website, accounts, computer systems or networks through hacking, password mining or any other similar means;
Computer viruses, worms, defects, Trojan horses or other software viruses;
- Advertising or solicitation for funds, goods, or services;
- Users receiving bulk emails, surveys, spam emails, or other mass messages, regardless of whether or not they are commercial in nature;
- Solicitation of personal information from minors or submitting or transmitting pornography; or
- Violation of any applicable law.
Nonetheless, note that We reserve the right to disclose information about You to third parties if, in good faith, We believe that such disclosure is necessary to:
- take action regarding any suspected illegal activities;
- comply with court orders, government inquiries, or legal process served on Us;
- protect our rights, reputation and property as well as that of Our Users and visitors.
8. THIRD PARTIES.
BrewersClub.co Website may include links to other websites or applications (“Third Party Resources”). Note that we do not control or endorse any Third Party Resources, and consequently, are not responsible for any information or content related to such Third Party Resources. Your access and use of Third Party Resources is at Your own risk.
You agree to indemnify, defend, and hold Coffee Autonomy PLT, its subsidiaries, affiliates, any related companies, and each of their directors, officers, agents, contractors, partners, employees, and representatives harmless from any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with:
- any User Content, Third Party Content or Coffee Autonomy Content posted or shared by You on or through the BrewersClub.co Website
- Your access to or use of the BrewersClub.co Website
- Your infringement (or any third party using your BrewersAccount) upon the intellectual property rights of any person or entity.
Coffee Autonomy PLT, at Your expense, may choose to assume the exclusive defense and control of any matter that requires indemnification by You. In such a situation, You hereby agree to fully cooperate with Our defense of these claims and to not enter into any settlement without Our prior written consent.
10. COMPANY DISCLAIMERS AND LIMITATIONS OF LIABILITY.
Each of the subsections below applies up to the maximum extent permitted under the applicable law. Nothing contained herein is intended to limit any rights that You may have which may not be lawfully limited. If You are unsure about this or any other section of this Agreement, please consult a legal professional prior to continuing to access or use of the BrewersClub.co Website.
By accessing or using the BrewersClub.co Website, You represent and warrant that You have read, understood and agreed to these Terms. You are giving up substantial legal rights by agreeing to these Terms.
BREWERSCLUB.CO WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT COFFEE AUTONOMY PLT IS NOT OBLIGATED TO MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF BREWERSCLUB.CO WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
COFFEE AUTONOMY PLT MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF BREWERSCLUB.CO WEBSITE, ITS SAFETY OR SECURITY, OR CONTENT. ACCORDINGLY, COFFEE AUTONOMY PLT IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM BREWERSCLUB.CO WEBSITE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE REVIEWS, POSTINGS, MESSAGES AND ANY OTHER CONTENT THEREON.
COFFEE AUTONOMY PLT MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY OR THIRD PARTY CONTENT LISTED ON BREWERSCLUB.CO WEBSITE. ACCORDINGLY, COFFEE AUTONOMY PLT IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THIRD PARTY ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING VENDORS, IS AT YOUR OWN DISCRETION AND RISK.
COFFEE AUTONOMY PLT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS AND CERTIFICATIONS OFFERED BY THIRD PARTIES ON THE BREWERSCLUB.CO WEBSITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A COFFEE AUTONOMY PLT REPRESENTATIVE SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH BREWERSCLUB.CO WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF BREWERSCLUB.CO WEBSITE.
COFFEE AUTONOMY PLT DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
11. GOVERNING LAW AND VENUE.
By accessing or using BrewersClub.co Website, You agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern this Agreement. For any claim, cause of action or dispute brought by either party, You hereby agree to submit and consent to the personal and exclusive jurisdiction and exclusive venue of the state and federal court located within Malaysia.
12. TERM AND TERMINATION.
You may terminate this Agreement at any time by closing your account, discontinuing your use and access of the BrewersClub.co Website, and providing the Company with a notice of termination at firstname.lastname@example.org. Nonetheless, We may, at any time, close Your account, suspend your ability to use certain features or portions of the BrewersClub.co Website, and/or ban You completely from the BrewersClub.co Website, for any or no reason, and without notice or liability.