Terms of Use
Terms of Use
The Marrybrown App is a mobile application (“Application”) owned and operated by Marrybrown Sdn Bhd (“Marrybrown” or “we”, “us” or “our”).
Please read the following terms and conditions carefully. By accessing the Application and registering an Account, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions (as amended from time to time). The Privacy Policy will supplement and form an integral part of these Terms and Conditions. By clicking Sign Up, you are agreeing to our T&C and Privacy Policy. Upon acceptance, the Terms and Conditions shall constitute a legal and binding agreement between you and Marrybrown. You may not use the services or features of the Application if you do not accept the Terms and Conditions or are unable to be bound by the Terms and Conditions.
You acknowledge and agree that Marrybrown may, at its sole discretion, without liability and without prior notice, update, supplement and/or amend these Terms and Conditions and that any such update, supplemental or amendment shall form part of these Term and Conditions. Marrybrown will notify such changes by updating the Terms and Conditions and modifying the last revised date displayed on this page. Your continued use of the Application and/or the Services following any such revision shall constitute your agreement to be continuously bound by the amended Terms and Conditions.
In addition to these Terms and Conditions, any Rewards, gifts/giveaways, privileges, benefits, vouchers, activities, events, products and/or services made available through the Application may be subject to additional terms and conditions or guidelines which may be communicated by us from time to time. These additional terms and conditions or guidelines in respect of such Rewards, vouchers, activities, giveaways, privileges, benefits, events, products and/or services will supplement and form an integral part of these Terms and Conditions unless stipulated otherwise.
Definitions
In this Terms, the following capitalised terms shall have the following meanings:
“Account”
means a Marrybrown account created by a User on the Application as part of the registration;
“Application”
means the Marrybrown mobile application owned by Marrybrown Sdn Bhd;
“Contents”
means the information, photos, audio, video, location data, nearby places and all other forms of data or materials made available in connection with the products or services, promotions and advertisements, hyperlinks or pop-ups, interactive features, designs and graphics displayed in the visual interfaces, and activities associated with a User’s Account;
“Location-based Services”
means the features under the Application that enable Marrybrown to access User’s location
“Members”
means Users who participate in the Loyalty Programme;
“Membership Terms”
means the terms and conditions governing the Loyalty Programme, which supplements and forms an integral part of the Terms and Conditions;
“Network Operator”
means the mobile network service operator providing internet or Wi-Fi connectivity and data usage;
“Loyalty Programme”
means the Marrybrown loyalty programme operated by Marrybrown and any related activities and benefits;
“Permitted Transaction”
means transactions that award MBpoints to Members including purchasing of Marrybrown products, transactions carried out using the In-App Ordering feature and such other activities allowed by Marrybrown to qualify for MBpoints and other benefits under this Terms and Conditions;
“Qualifying Points”
means in the context of Clause 2 of Section B of the Terms and Conditions herein, the MBpoints reviewed by Marrybrown for determining the Member’s membership status of a Member;
“Rewards”
means the e-vouchers shown on the rewards catalogue made available in the Application;
“Terms and Conditions”
means the terms of use of the Application, and includes any amendments and or supplements thereof;
“Third-Party Platforms”
means any other platforms, sites or mobile applications operated by third parties including (but not limited to) third-party online food delivery or ordering operators, payment system operators or any other software/digital system service providers;
“MBpoints”
means the reward points awarded to Members upon making Permitted Transactions and such other activities as may be prescribed by Marrybrown from time to time;
“Users”
means all individuals who download, access or use the Application.
Mobile Application Terms Of Use
DEVICES
To use the Application, you will need a mobile device that meets the system and compatibility requirements for the relevant Contents (which may change from time to time), internet access and compatible software platform. Your ability to use the Application and the performance of the Application may be affected by these factors. The Application may not be available on all devices, and we do not guarantee that all or any features or functionalities of the Application will work on any particular device.
There may be updates to the Application and you are responsible for installing updates as prompted by your device or app store. You may not be able to access or use the Application unless you install these aforementioned updates.
To use the Application, you will require internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your Network Operator will continue to apply when using the Application. As a result, you may be charged by the Network Operator for access to network connection services for the duration of the connection while accessing the Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise.
Account Sign-up & Maintenance
The Application is provided to you free of charge and is intended only for your personal use and is not to be shared with any other persons.
All Users must sign up for an Account before using the Application. To sign up for an Account, you must provide Marrybrown with your mobile contact number and you will be provided with a one-time pin (OTP) as part of our authentication procedures to proceed with the registration form in the user interface of the Application. When you register for an Account, you must provide your name (as set out in your MyKad), date of birth, email address and such other information as may be required by Marrybrown and accept these Terms and Conditions and the Privacy Policy. Each User may maintain only one Account at any given time. You may be asked to provide a password to log in to your Account and you may change your password at any time. You must treat any verification/authentication pin or password as confidential and must not disclose it to any persons.
You must be at least 18 years of age to use the services provided by the Application. We may require you to provide us with proof of your age before we accept your registration form. By agreeing to these Terms and Conditions, you represent and warrant to us that you are at least 18 years old. If you are younger than 18 years of age, you confirm that you have the permission of your parent or legal guardian who has consented to these Terms and Conditions.
You warrant that you will ensure that all information provided to Marrybrown as part of your Account profile are true, complete, accurate and will be updated in a timely manner in the event of any change. Any personal data which you have provided to Marrybrown during the Account sign-up process or from time to time to use the Application is governed by our Privacy Policy.
You warrant that your use of the Application will not violate any laws and regulations applicable to you and that you will not engage in any activity that may cause interference, disruption, harm or cessation of transmission through the Application. You agree to be responsible for all matters arising from your Account, your use of the Application and the acts of such other persons to whom you have shared access to your Account. If you find an error has occurred in the operation of a verification pin or password, suspect your Account is no longer secure or that unauthorised activity has been carried out on your Account, please notify us at marketing@marrybrown.com.
You acknowledge and agree that Marrybrown reserves the right to disable access to or suspend your Account, and in such event, you may be prevented from accessing the services or Contents contained in the Application. In the event your Account and/or services have been suspended and you request for reactivation, Marrybrown may at its absolute discretion reactivate your Account.
Proprietary Rights
All Contents are protected by intellectual property laws. All rights, title and interest in the Contents are owned by, licensed to or controlled by Marrybrown or its service providers, vendors or partners.
Marrybrown grants you a limited, non-exclusive, non-transferable, revocable licence to download and install the Application and to use such Application for your personal, non-commercial use for lawful purposes.
Save as otherwise provided, the Contents shall not be reproduced, distributed, disseminated, retransmitted or published, modify or create derivative works of the Contents, commercially exploited or sold (including by removing any of Marrybrown’s name, trademark or logo from the Content) without the prior consent in writing of Marrybrown.
We reserve the right at any time and without prior notice, to remove or disable access to any Content displayed in the Application.
Third-party Platform
The Application may provide links or redirect you to other platforms, sites or mobile applications operated or controlled by third parties including (but not limited to) third-party online food delivery or ordering operators, payment system operators or other software/digital systems service providers (“Third-Party Platforms”) for your convenience and information. We have no control over, and we are neither responsible for the availability of such Third-Party Platforms nor the contents, information, services, or products contained or displayed through these Third-Party Platforms.
We will not be liable for any direct, indirect, consequential losses and/or damages of any kind arising out of your access and use of such Third-Party Platforms.
Services
Location-based Services: Some of the features under the Application may enable Marrybrown to access Users location in order to tailor Users’ experience with our services based on your location (“Location-based Services”). In order to use certain Location-based Services, Users must enable certain features of your mobile device, which enable Marrybrown to identify Users location through a variety of means including GPS location, IP address, cell tower location, on-location Wi-Fi, or other detection or sensors as available. If Users choose to disable any Location-based Services on your device, Users will not be able to utilise certain features. By enabling Location-based Services, you agree and acknowledge that device data we collect from you is directly relevant to your use of the services and Marrybrown may use such information collected in connection with the provision of the services.
Third-Party Services and linked Platform: Digital tools may be provided through the Application to redirect and enable Users to export or autofill information onto Third-Party Platforms.
In-App Ordering Services: In-app ordering features may be provided through the Application to enable you to browse and place order(s) on your device to purchase Marrybrown products or redeem e-vouchers through the Application, subject to the In-App Ordering Services Terms and Conditions below.
Marrybrown Loyalty Programme: Participation in the Marrybrown Loyalty Programme in the Application and related activities which include (but not limited to) collecting MBpoints, redeeming rewards or e-vouchers, enjoying certain benefits, Members privileges, giveaways and promo codes, conducting Permitted transactions or carry out permissible activities through the Application subject to the Marrybrown Loyalty Programme Terms and Conditions below.
Liability & Indemnity
The Application is provided on an as-is basis and to the extent permitted by law, we give no representations and warranties, whether express or implied, of any kind including any implied terms of satisfactory quality or fitness for a particular purpose. Further, we do not warrant that the features and functions of the user interface will be uninterrupted or that the Application is free from error, defect, virus, or other elements. We will not be held liable or indemnify Users for any disruption, interference, outage or non-transmission, loss of content, damage to your devices caused by any bugs, virus or the like which may be transmitted through the actions of any party.
You agree that Marrybrown shall not be liable for any loss or damage incurred by you which is caused by or in connection with the use of the Application.
You agree to indemnify and hold Marrybrown harmless against any claims, demands, loss and damages, costs, and liability which Marrybrown may suffer in connection with or arising from your negligence, infringement or breach of these Terms and Conditions during your access or use of the Application.
Discontinuance, Suspension And Termination
We reserve the right to discontinue, suspend or terminate any or all features, products or services, your Account and use of the Application or to withdraw the Application, in whole or in part, at any time and for any reason, without prior notice and without liability to you.
General
Entire Agreement. These Terms and Conditions constitute the entire agreement and understanding between you and us relating to the Application and you agree that you have not accepted these Terms and Conditions in reliance upon any representation, warranty or undertaking of us which is not set out or referred to in this Terms of Use.
Illegality and Severability. If any provision is found by a competent court to be invalid, illegal, or unenforceable for any reason, you agree that the remaining portion of that provision, and all other provisions shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the parties’ intention.
Assignment or transfer. You shall not assign or transfer all or part of your rights, benefits and obligations under these Terms and Conditions. Marrybrown may without prior notice to Users, assign and/or transfer all its rights, benefits and obligations under this Terms and Conditions provided that such permitted assignment and/or transfer arises from any corporate exercises carried out by Marrybrown resulting in a change of control, change in shareholding, and/or transfer of all or part of assets or business, and provided that the assignee undertakes to be bound by and perform the rights and obligations of the assignor under this Terms and Conditions.
Remedies and Waiver. Any failure or delay by us to enforce or exercise any terms in these Terms and Conditions, rights and remedies at law or in equity shall not preclude any other or further exercise of our rights and remedies.
Governing Law. These Terms and Conditions are governed by and are to be construed in accordance with the laws of Malaysia.
Dispute Resolution. You irrevocably agree to submit any dispute arising out of or in connection with these Terms and Conditions to the exclusive jurisdiction of the courts of Malaysia.
Marrybrown Loyalty Programme Terms & Conditions
The Loyalty Programme is open to all Users 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 Terms set forth below including any amendments Marrybrown may make at its sole discretion from time to time. By your continued participation in the Loyalty Programme, you agree to be bound by these Membership Terms.
Marrybrown Membership
Upon successful activation of your Account through the Application, you will automatically be issued with “Basic” membership status free of charge. Marrybrown basic membership enjoys the applicable privileges and benefits subject to the criteria in the table below:
Privileges / Benefits*
Criteria
Basic
MB Points collection
For Members upon activation of Account.
MB new member offer (upon registration)
Yearly Birthday Reward
The privileges/benefits and eligibility criteria under the Loyalty Programme may be subject to change from time to time at Marrybrown’s discretion without stipulating any reason or explanation.
Each membership account is non-transferable and will be allocated with a series of identification numbers unique to each Account.
This membership is only limited to Malaysia and can only be used in Malaysia.
You may edit your particulars such as your name, email address, date of birth, contact number and password through the Application which will automatically be reflected in your Account.
All Members shall be responsible for all activities and transactions made on their respective Account.
Marrybrown reserves the right to cancel or amend the Loyalty Programme (including any benefits and privileges enjoyed by Members) or any membership account as it sees fit.
Redemption
As a Member, you will gain access to browse the e-vouchers shown on the rewards catalogue made available in the Application (“Rewards”).
We may, at our absolute discretion and without prior notice, reject your redemption request for any reason whatsoever, including without limitation, where:
the Reward is no longer available or out of stock;
we reasonably believe that the redemption may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means.
Points
You may only start to earn MBpoints upon the successful activation of your Account. All MBpoints are non-transferable.
Subject to Clause 3.3 below, Members will be entitled to earn MBpoints upon making purchases physically at Marrybrown outlets or making orders through the Application, participating certain Permitted Transactions through the Application, or such other means as may be determined by Marrybrown from time to time.
Unless otherwise prescribed by the Application, Members will not be entitled to earn MBpoints:
for purchases made through any food delivery services operator via Third-Party Platforms;
for purchases paid using vouchers, e-vouchers, coupons (including any Rewards);
for purchasing Credits;
for purchases paid using MBpoints as credit;
One (1) MBpoint will be accorded for each RM1.00 spent (rounded down to the nearest one Ringgit). Marrybrown may increase or decrease the rate of MBpoints to be awarded for each selected transaction as (may be) published on the Application or notified to you from time to time.
MBpoints earned under the Loyalty Programme cannot be exchanged for cash or be purchased, resold or transferred for value, and will not be regarded as valuable or exchangeable instruments outside the Loyalty Programme other than the purposes set out in this Terms. Notwithstanding the term herein, you may use the MBpoints as follows:
as credits to make purchases at any physical Marrybrown outlets. In such case, the applicable amount of MBpoints will be deducted from your account. In the event there are insufficient MBpoints to be used as credits, you may pay by way of cash during the transaction; or
to redeem Rewards corresponding to your membership status, subject to the terms and conditions set out in Clause 4 (Redemption) below.
The default validity period for the MBpoints is one (1) year from the most recent Permitted transaction date, and the validity period will be superseded by a new start date upon the completion of a Permitted transaction.
Any unused MBpoints will expire if they are not used or in the event you do not perform a Permitted transaction within the validity period. In such an event, your accumulated MBpoints will be automatically forfeited at the absolute discretion of the Company without notice.
MBpoints cannot be replaced if they are lost or stolen due to network disruptions, power outages, virus and security breaches of the Application or on your Account. Marrybrown will not be liable for claims, compensation or losses under such circumstances.
Redemption
As a Member, you will gain access to browse the e-vouchers shown on the rewards catalogue made available in the Application (“Rewards”). All Members may use MBpoints to redeem Rewards which include, but not limited to, free drinks, discount vouchers, giveaways, merchandise or other prescribed products at participating Marrybrown outlets in Malaysia. Notwithstanding the provisions herein, each Reward is subject to additional terms and conditions as well as the specific validity period as stated in the rewards catalogue section of the Application.
We may, at our absolute discretion and without prior notice, reject your redemption request for any reason whatsoever, including without limitation, where:
the Reward is no longer available or out of stock;
the MBpoints you wish to use for redemption were issued to you in error; or
we reasonably believe that the redemption may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means.
In-app Ordering Terms And Conditions
Marrybrown may offer In-App Ordering services through the Application, which enables you to place orders for Marrybrown products, of which you may either select the following options:
To link with a preferred food delivery service operator through their respective Third-Party Platforms;
To order and self-pickup from your preferred Marrybrown outlet at such time as stipulated in the Application; or
Other functions which may be rolled out as deemed appropriate by Marrybrown.
When you select the option of ordering through a food delivery service operator under Section D above, you will be redirected to select a Third-Party Platform to arrange the delivery of your order. For the avoidance of doubt, any payment and delivery arrangements made under such circumstances will be made between you and the applicable Third-Party Platform. Marrybrown shall not be liable for the payment processes of the third-party food delivery operators, late delivery or non-delivery of your order arising from any reason whatsoever.
Any order placed through the Application under Section D will be treated as confirmed upon the successful payment of the full price of the products (inclusive of any applicable taxes) through the payment method made available by the third-party payment gateway operator linked through the Application.
You may be required to provide proof of purchase when collecting your order. Marrybrown reserves the right to refuse the collection of the order if you are unable to provide the said proof of purchase.
You are responsible for collecting your self-pickup order at the Marrybrown outlet you have selected through the Application within a reasonable period of time. Neither Marrybrown nor the applicable Marrybrown Outlet will be responsible to retain the order for your collection after the said period has lapsed.