Terms

Terms of Service

QCoffee Vending provides the coffee and related beverages dispensing solutions under the brand Qcoffee Vending that enables you to purchase the machines and beverages ingredient through our online store (“Store”) QCoffee Vending.

By signing up for QCoffee Vending, you acknowledge that you have read and understand, and agree to be bound by the terms and conditions set forth below and any future amendments thereto (“Terms of Service”). If do not wish to accept these terms of service, please do not proceed with signing up/ ordering.

Privacy Policy

QCoffee Vending values your privacy. You agree with and accept all the terms and conditions of our Privacy policy.

Products and Services

QCoffee Vending products and services (excluding payment gateway services and third party plug-ins) are listed on the QCoffee Vending official website and are available according to the packages/ products/ services that you purchase.

Our range of products are sold on a self-fill basis which enable you to fully in control and managing of the machine(s) and beverage ingredients.

We will inform you by email/other social media of important information such as products/services outages, services delayed, promotional updates, modifications or new developments to QCoffee Vending products/services and any changes to these Terms of Service.

QCoffee Vending Ecommerce maintains a strict no refund policy and does not provide refunds.

QCoffee Vending reserves the right to cancel your order(s) without prior notice if we have determined in our reasonable discretion that:

You have breached any provision in our Terms of Service (including without limitation, if we receive information that your use of QCoffee Vending is in violation of any third party’s interests or other proprietary rights); or

It is necessary for security reasons or for the proper continuance of the operations of QCoffee Vending Services;

If at any time QCoffee Vending is unable to charge your bank card/ credit card (e.g. your credit card information provided has expired) or if you otherwise fail to make any payment due to us, and fail to remedy the same within Five (5) Days’ from your confirmed order, we may cancel your order of any or all aspects of QCoffee Vending products/Services.

You agree that QCoffee Vending shall not be liable for any damage, foreseeable or unforeseeable, direct or indirect, that may result from the order(s) changes made or the order(s) cancellation.

Customer Content and Proprietor Rights

QCoffee Vending does not claim any proprietor rights over your purchased products/ services and you retain ownership over and responsibility for your purchased machines and beverage ingredients.

However, you may agree to grant QCoffee Vending the non-exclusive right and license to use your company name, trademarks and content on our QCoffee Vending website or in printed or online advertisements or other publications describing QCoffee Vending Services.

User Restrictions and Indemnity

You shall not use QCoffee Vending products/ services in any manner that, as determined by QCoffee Vending in its reasonable discretion, whether actual or potential:

Involves false, inaccurate or misleading advertisement, is fraudulent or involves the sale of counterfeit products;
Infringes or misappropriates any person’s copyright, patent, trademark, trade secret or other proprietary rights;
Violates any law, statute, ordinance, regulation, governmental guideline or policy in your jurisdiction or in Malaysia;
Otherwise creates liability for QCoffee Vending or its affiliates or contractors or exposes them to undue risk or otherwise is harmful to the QCoffee Vending operations, reputation, or goodwill.
Where your intended use of QCoffee Vending Products/Services require any licence, consent, authorisation, permission or approval from any government, governmental, supranational or trade agencies, courts or other regulatory body (“Licence(s)”), you agree not to operate such business via QCoffee Vending without having first obtained the appropriate Licence(s).
You agree that your use of QCoffee Vending Products/Services including information transmitted to or stored at servers are governed by our privacy policy.
You agree to indemnify and hold QCoffee Vending and its suppliers, advertising and promotional partners, and service providers including their respective officers, directors, agents, and employees harmless from any and all losses, costs (including reasonably legal costs and expense), liabilities or other expenses incurred or arising from your breach of any provision of these Terms of Service (including without limitation, from any infringement or misappropriation of any person’s copyright, patent, trademark, trade secret or other proprietary rights).

Cancellation of Your Account

You may cancel your account at any time by emailing us.

However, you are liable for the ordered products, QCoffee Vending maintains a strict no refund policy and does not provide refunds during which you have cancelled your account.

Disclaimer of Warranties

We are committed to provide you excellent service and assist you to find the machine(s) that best suits your needs. Included below are our policies which govern shipping damage, consumable product and warranties. If you have any questions on these policies, please don't hesitate to contact us.

QCoffee Vending provides the products and services, to the widest extent permitted by law, expressly disclaims any and all implied or statutory warranties, including the warranties of reasonable care and skill, merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded.

QCoffee Vending supplies the products/ drink ingredients as per the published brand(s);

Machine(s)/ Equipment are subject to 12 months limited warranty from the date the units are shipped or 14 months limited warranty from the date of order.

Machine(s)/ Equipment mechanical parts are subject to part-to-part 6months warranty.

The machine(s)/ Equipment will be delivered and installed by our trained technicians, please report damaged, missing, malfunctioning product(s) immediately upon installation and demo to you.

Please note that we often ship orders in multiple packages. However, if items are apparently missing from your order, please report it to us immediately so we can track packages and replace the shipment if necessary.

Without limiting the foregoing QCoffee Vending gives No Warranty:

That the QCoffee Vending and its other products or services will be error-free or uninterrupted;
Regarding uptime, use, accuracy and reliability of QCoffee Vending Products/ Services;
In relation to the use of external beverage ingredient or any of beverage ingredient that not suit to the machine(s).
Any mis-handling, vandalism, other abuse, normal wear and tear to (of) the machine(s)/equipment.
Items are carefully packaged to protect against damage during shipping. However, we could not foresee when it arrives with any shipping damage. We give no warranty to the shipping damage which does not affect the functionality of the machine(s)/equipment.
The consumable product(s) are subject to the food safety practices, all the consumable product(s) sold are not returnable or exchangeable.
If the consumable products were received expired, please contact us immediately so that we can investigate and arrange to send a replacement. Email your order details, descriptions and the expiry date on the products with photos to us.
You acknowledge and agree that this is a reasonable and an essential element of these Terms of Service and that in its absence, the economic terms of these Terms of Service would be substantially different.

Limitation of Liability

To the widest extent permitted by law, QCoffee Vending (including its directors, officers, employees and agents) shall not be liable for any loss of profit or any direct, indirect, special, incidental, consequential or other damages arising out of or in connection with your use of QCoffee Vending Products/Services (however arising, whether as a result of your contractual relationship with QCoffee Vending or negligence).

Notice

Any notices in connection with QCoffee Vending Products/Services or these Terms of Service will be sent by QCoffee Vending to your email provided to us during registration. The notice will be deemed to have been received on the day it is sent out from our electronic mail server.

Governing Law

These Terms of Service shall be governed by and construed according to the laws of Malaysia.

Force Majeure

QCoffee Vending’s delay in or non-performance of any duties or obligations under these Terms of Services will not be considered a breach of these Terms of Services if such delay or non-performance is caused by a labour disputes, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond our control.

Miscellaneous

These Terms of Services does not create any relation of agency, partnership, joint venture, employee-employer or franchiser-franchisee between you and QCoffee Vending.

These Terms of Service, our Privacy Policy and our terms and conditions set out at QCoffee Vending website represent the complete agreement between you and QCoffee Vending, and supersedes all prior agreements and representations.

If any provision of these Terms of Services is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. In particular, and without limitation to the foregoing, any provision that potentially violates the provisions of the Consumer Protection Act 1999 (in particular Part IIIA – “Unfair Contract Terms”) shall be read to include the qualifying phrase “to the widest extent permitted by law”.

No failure or delay on the part of QCoffee Vending to exercise any right or remedy under these Terms of Service shall operate as a waiver thereof.

Last Updated: 10th Dec, 2015