Please read these terms and conditions of participation in the illy Malaysia Loyalty Program carefully. By participating in this program, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not participate in this program.

1. MEMBERSHIP ELIGIBILITY AND OVERVIEW

1.1 The illy Malaysia Loyalty Program (“Program”) is offered at the sole discretion of CEDRO SDN BHD (“Illy Malaysia,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of Malaysia and at least 18 years or older and who provide and maintain a valid email address are eligible to become members. If you are between the age of 18 and the age of majority in your state of residence (“eligible minor”), you may only participate in the Program with the consent and supervision of your parent or legal guardian. This Program is not targeted at children or intended for use by anyone under the age of 18. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason.

1.2 By joining the Program and becoming a Program member, you or your parent or legal guardian, if you are an eligible minor (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website PRIVACY POLICY and our website TERMS AND CONDITIONS, which are incorporated herein by reference. If you do not agree to these Terms, our website PRIVACY POLICY, and our website TERMS AND CONDITIONS, you cannot participate in the Program. The Program is void where prohibited by law.

1.3 The illy Malaysia Rewards Program is only available on illy.my and participating stores within Malaysia operated by Cedro Sdn Bhd.


2. PROGRAM ENROLLMENT

2.1 Visit https://www.illy.my (collectively, the “Site”) and follow the Programme prompts to register for the Programme.

2.2 If you are between the ages of 18 and the age of majority in your state of residence, by enrolling in the Programme, you are certifying that on your behalf, your parent or legal guardian has consented to your enrolment in the Programme, and has read, understood and agreed to be bound by these Terms, our PRIVACY POLICY and our website TERMS AND CONDITIONS which are incorporated by reference, and by any changes or modification we may make.

2.3 You are required to provide your full name, phone number, email address, and other items in order to enrol. If you enrol at the Site, you must also create a password in order to enrol. In order to access certain Programme benefits and rewards, you will need to provide us with your birthday. You will also have the opportunity to provide us with your mobile phone number and mailing address, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.

2.4 Only one Programme account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Programme, the member will be deemed to be the authorised account holder of the email address submitted at the time of enrolment. For purposes of these Terms, the “authorised account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organisation (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.


3. PROGRAM BENEFITS

3.1 The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program-related actions. You can unlock loyalty tiers in the Program by making eligible purchases or taking certain other Program-related actions. Eligible purchases and other opportunities to unlock Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Once you unlock a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. Please visit our FAQS for a current list of available benefits and rewards.

3.2 The Program is a tier-based program determined by the amount a member has spent on qualifying purchases on a rolling 12 month basis. There are 4 tiers with associated benefits – Bronze, Silver, Gold and 1933 Club. Program tiers are based on your qualifying purchases on the Site on a rolling 12-month basis from the anniversary of the date you achieve a tier. For example, if you make a qualifying purchase and advance to a new tier on March 3rd, 2020, you will retain that tier status until March 2nd, 2021 (assuming all other requirements are met). When you join, you’ll automatically be placed in the Bronze tier and be eligible for all the benefits Bronze members receive. Purchases of RM 1,500 or more in a 12-month period are required to advance to the Silver tier and qualify for Silver benefits. Purchases of RM 3,000 or more in a 12-month period are required to advance to the Gold tier and qualify for Gold benefits. Upon joining a tier, you will be guaranteed to remain on the tier for 180 days, after which if the qualifying purchases do not meet the relevant criteria for tier access, you will be downgraded to the closest tier for which you qualify.

3.3 For your eligible purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase by logging into your account on the Site or App. To earn rewards and benefits, your purchase must be made on qualifying products and services. Qualifying purchases include regular-priced food and beverage items, merchandise and services and exclude UDC Coffee Courses, gift cards, sales tax, state fees, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, certain charitable products where funds are donated to certain charitable organisations, value sets, select premium products and services, and other specified products.

3.4 All points shall expire 365 days after earning. Coupons and other offers shall expire according to their individual terms and conditions.

3.5 Neither accounts nor rewards may be shared or combined. Only the member paying for the products may accumulate benefits and rewards. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.

3.6 Benefits and rewards earned through the Programme have no cash value, are non-transferable, and you have no property rights in or to rewards or other Programme benefits. Purchase balances credited to your Programme account will be decreased or reversed, as applicable, if all or part of the purchase is returned or cancelled, or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Programme, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Programme are the responsibility of the member.

3.7 We reserve the right to change Programme benefits, how you unlock each Programme tier and how we evaluate and reward your eligible purchases and/or other Programme activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Programme and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Programme, and/or any combination thereof.

3.8 If you have concerns that a purchase or other activity was not properly applied to your account, you should contact illy Malaysia Customer Service at help@myillycaffe.com. Your email must specify your name, address, phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.

3.9 Participating outlets: the Programme is available on illy.my and selected participating illy Caffe Stores in Malaysia. The Programme is not available in any Airport Locations or any location not operated by Us. Rewards can only be redeemed on the Site or in the App. Purchases made in department stores, specialty stores, stores not solely owned and operated by illy Malaysia (CEDRO SDN BHD) or outside of Malaysia are not eligible for the Programme.

3.10 Rewards cannot be exchanged or returned for another product or service, or a monetary refund.

3.11 The products and services available through the Programme and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.


4. MARKETING COMMUNICATIONS

4.1 By enrolling in the Programme, you will be able to opt-in and be subscribed to receive and consent to receiving (1) Programme-related emails, including Programme marketing emails and (2) illy Malaysia online emails, including marketing emails.

4.2 You may opt-out of receiving Programme or illy Malaysia online marketing emails at any time, but operational emails will still be sent to you as they relate to your membership in the Programme, and you consent to their receipt. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. If you terminate your Programme membership, you will no longer receive Programme-related communications.


5. TERMINATION AND MODIFICATION

5.1 The Programme and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms, our FAQs, and/or the Programme or any aspect or feature of the Programme at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.

5.2 We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the Programme; (2) discontinue your participation in the Programme; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Programme, failure to follow any Terms, membership inactivity for more than 12 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorised use of any Programme rewards and/or benefits, may result in the revocation of your membership, loss of accrued points, and make you ineligible for further participation in the Programme. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Programme and features will automatically terminate, at our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.

5.3 If you decide you no longer want to be a part of the Programme, you may cancel your membership at any time by opting-out in your account on the Site.


6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

6.1 Neither Illy Malaysia nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the program or any of the rewards or benefits associated with the program including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

6.2 You agree that neither Illy Malaysia nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable in contract, warranty, or in tort (including negligence) for any:
(a) interruption of business;
(b) access delays or access interruptions to the program;
(c) data non-delivery, loss, theft, mis-delivery, corruption, destruction, or other modification;
(d) loss or damages of any sort incurred as a result of dealings with or the presence of third-party links on the site or use of any reward or benefit of the program;
(e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third-party websites;
(f) any inaccuracies or omissions in program content; or
(g) events beyond our reasonable control.
We make no representations or warranties that defects or errors will be corrected.

6.3 Further, neither Illy Malaysia nor our parents, subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the program or your participation therein, whether in contract, warranty, or in tort (including negligence), even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred Ringgit Malaysia (MYR 100.00).

6.4 You agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, your participation in the program, use of any rewards or other benefit or these terms may be brought by you more than three (3) months after the cause of action relating to such claim or action arose. If you are dissatisfied with the program, termination of your membership in the program is your sole remedy. We have no other obligation, liability, or responsibility to you.


7. INDEMNIFICATION

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable solicitors’ fees, resulting from any third party claim, action or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.


8. GOVERNING LAW AND DISPUTES

8.1 This Program and these Terms will be governed by and construed in accordance with the substantive laws of Malaysia, as if they were a contract wholly entered into and wholly performed within Malaysia and without reference to conflict-of-laws considerations.

8.2 Any dispute relating in any way to this program, these terms, your program membership, or the relationship between the parties shall be submitted to confidential arbitration in Malaysia, and you agree to submit yourself to the jurisdiction and proceedings thereof. Arbitration means that a single arbitrator will decide the claim, and you will not have the right to sue in court or to have a judge or jury decide your claim. Your rights to pre-hearing exchange of information and appeals may also be limited in arbitration. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the Malaysian Arbitration Institute. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

8.3 You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilise class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.


9. PRIVACY

We at illy Malaysia value your privacy. The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with our PRIVACY POLICY. Without limiting the foregoing, we will use and retain your personal information to (1) provide goods and services to you, such as servicing and maintaining your Program membership with us; (2) protect against deceptive and fraudulent activity; (3) enable internal uses that are consistent with our PRIVACY POLICY; and (4) comply with a legal obligation. Under Malaysia law, we are committed to protecting your personal information and complying with relevant data protection laws. Please review our PRIVACY POLICY for more information.


10. CONTACT US

For information about the Program and your membership, contact us at help@myillycaffe.com or via hotline at +6011 5403 0913. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also find answers to frequently asked questions in our FAQ section.