MIXS CAFE WEB APP TERM OF USE

The web application with the name “MIXS Cafe” (“MIXS Cafe Web app”) are owned and operated by MIXS Design Sdn Bhd (1453781-U). 
In these terms and conditions of use (“Terms”), the words “you”, “your” and “User” refers to you, as an end user of the MIXS Cafe Web App and/or website, and the words “MIXS Cafe”, “we”, “our” and “us” refer to MIXS Design Sdn Bhd, its subsidiaries and/or affiliated companies.
These Terms apply to your access to, and use of, all or any part of the MIXS Cafe Web App and all features and functionalities provided through the MIXS Cafe Web App to the User (“Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with MIXS Café for products, services or otherwise. However, if you navigate away from the MIXS Café Web App to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site. 
PLEASE READ THESE TERMS OF USE CAREFULLY. BY DOWNLOADING AND USING THE MIXS CAFE WEB APP AND/OR THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS WITH MIXS CAFÉ (AS AMENDED BY MIXS CAFÉ FROM TIME TO TIME). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT DOWNLOAD OR USE THE MIXS CAFE WEB APP AND/OR SERVICES OR IMMEDIATELY DISCOTINUE YOUR USE OF THE MIXS CAFE WEB APP AND/OR SERVICES. THESE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. 

1.Information
You further acknowledge and confirm that all the information provided by you to MIXS Cafe is true and accurate. You hereby agree to provide MIXS Cafe with accurate, current, and complete information as required for the use of the MIXS Cafe Web App and/or Services, and shall be responsible for updating your information in a timely manner to keep it accurate, current, and complete at all times. You further agree that MIXS Cafe may rely on your information as accurate, current, and complete. If your information is found to be untrue, inaccurate, not current, or incomplete in any respect, MIXS Cafe shall have the right, but not the obligation, to terminate your rights use of the MIXS Cafe Web App and/or the Services at any time with or without notice.

2.Functionality Requirements
Certain functionality of the MIXS Cafe Web App, may require the transmission of your information, including but not limited to your name, password, address, email address, financial information (such as credit card numbers), International Mobile Equipment Identity number accessed in your device, phone-book information, information related to your membership Account or GPS location (collectively, "User Information"). By using such functionality of the MIXS Cafe Web App, you hereby consent to the transmission of the User Information to MIXS Cafe, its agents and/or service providers, and authorise the MIXS Cafe, its agents and/or service providers to record, process, and store such User Information as necessary for the MIXS Cafe Web App functionality. You shall be solely responsible for maintaining the confidentiality and security of any User Information transmitted from or stored on your device for purposes of the MIXS Cafe Web App, the provision of the Service, and for all transactions and other activities undertaken by you registered in your name, whether authorised or unauthorised.

3.Personal Use
Your use of the MIXS Cafe Web App and the Service is for your own sole and personal use. You undertake not to authorise others to use your identity for the Service. When using the Service, you agree to comply with all applicable laws.

4.Authorised Access
You may only access the MIXS Cafe Web App and the Service using authorised means, and you are solely responsible for checking and ensuring that you have accessed the correct software and/or application for your device. MIXS Café shall not be liable in any manner whatsoever if you do not have a compatible device or if you have downloaded the wrong version of the MIXS Cafe Web App to your device. MIXS Café reserves the right to refuse your use of the MIXS Cafe Web App and/or the Service should you use the MIXS Cafe Web App with an incompatible or unauthorised device, or for purposes other than which the MIXS Cafe Web App is intended to be used.

5.Software & Application
By utilizing the MIXS Cafe Web App and the Services, you hereby agree to the following terms: 
5.1 You shall solely utilise the MIXS Cafe Web App and the Services for the intended purpose for which it was designed; 
5.2 You shall not employ the MIXS Cafe Web App and the Services for any fraudulent, deceptive, or illegal purposes; 
5.3 You shall not employ the MIXS Cafe Web App and the Services to cause any form of nuisance, annoyance, or inconvenience; 
5.4 You shall not utilise the MIXS Cafe Web App and the Services for any purpose other than purchasing MIXS Cafe’s beverages, meals, goods, and services; 
5.5 You shall not engage in any activity that may harm the MIXS Cafe Web App and the Services in any manner; 
5.6 You shall not reproduce or distribute the MIXS Cafe Web App and the Services or any other content without MIXS Cafe’s prior written consent; 
5.7 You shall only utilise the MIXS Cafe Web App and the Services for personal use and shall not resell it to any third party; 
5.8 You shall be solely responsible for maintaining the security and confidentiality of your login/account username, password, or any identification provided by us that grants access to the MIXS Cafe Web App and the Services; 
5.9 You shall not employ any means of defrauding MIXS Cafe, whether fraudulent or otherwise, during any event, promotion, or campaign organized by MIXS Cafe; 
5.10 You hereby acknowledge that the MIXS Cafe Web App and the Services are provided on a reasonable effort basis; and;
5.11 You may only use the MIXS Cafe Web App and the Services for personal, non-commercial purposes, and shall not use it to (i) transmit spam or other unsolicited or duplicative messages, (ii) transmit material containing harmful computer code, files, scripts, agents, or programs, including but not limited to software viruses, worms, or Trojan horses, (iii) introduce viruses or any other computer code, files, or programs that may disrupt or destroy the functionality of any computer software, hardware, or telecommunications equipment, (iv) damage, disable, overburden, or impair the MIXS Cafe’s servers or networks, (v) interfere with or disrupt the performance or integrity of the MIXS Cafe Web App or the data contained therein, (vi) attempt to gain unauthorised access to MIXS Cafe, the MIXS Cafe Web App and the Services, its related systems or networks, or other users' accounts, (vii) engage in conduct that constitutes a criminal offence or gives rise to civil liability, (viii) violate these Terms, or (ix) fail to comply with any applicable third-party terms, (x) impersonate any individual or entity or otherwise misrepresent your affiliation with any individual or entity, or (xi) cause or permit any conduct that may damage the MIXS Cafe’s reputation or be considered disreputable.
6.Restrictions
6.1 You agree to bear full responsibility and legal liability for any loss or damage suffered by yourself, MIXS Café or any third party resulting from any breach of the Terms. 
6.2 You are prohibited from using the MIXS Cafe Web App and the Services in violation of any law, statute, ordinance, or regulation, or to encourage, promote, facilitate, or instruct others to engage in illegal activities. 
6.3 You must not post, publish, and/or send (i) any adult media depicting or related to illegal activities, such as child pornography, rape, incest, etc., and (ii) hate, violence, harm, or intolerance in any form, and (iii) harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party. 
6.4 You must not send or store infringing, obscene, threatening, libellous, or otherwise illegal or tortious materials, including but not limited to materials that are harmful to children or violate third-party rights (including but not limited to rights of publicity or other proprietary rights). 
6.5 You must not use the MIXS Cafe Web App and the Services to circumvent any applicable laws, remove copyright protections, infringe, or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of Singapore or any jurisdiction.

6.6 You may not attempt to exploit the referral or loyalty programs in bad faith (e.g., self-referral or fake orders).

7. Intellectual Property
7.1 The MIXS Cafe Web App, including all related intellectual property rights and its respective components, processes, and design in their entirety, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Service shall be owned by MIXS Cafe. 
7.2 These Terms does not convey any rights of ownership in or related to the MIXS Cafe Web App and the Services, or any intellectual property rights owned by MIXS Café and/or its licensors, and it is not a sale agreement. 
7.3 MIXS Cafe’s trademarks, service marks, logos, and trade names associated with the MIXS Cafe Web App and the Services are the exclusive property of MIXS Café and/or its licensors. No right or licence is granted to use them without the prior written consent of MIXS Café.
8.Termination
These Terms may be terminated immediately with or without notice by MIXS Cafe. MIXS Café may also, in its sole discretion, terminate any licences granted under these Terms, your ability to use the Service, and/or delete or remove your content or take legal action with respect to your content or use of the MIXS Cafe Web App and/or the Services if MIXS Café believes that you are or might be in violation of these Terms. However, MIXS Cafe’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

9.MIXS Cafe Web Application and website Payment
9.1 You have the option to pre-pay for purchases of food, beverages, and services offered by MIXS Cafe. It is understood that any payment made through the MIXS Cafe Web App and website must comply with the provisions of these Terms. MIXS Café does not impose any fees on the use of the MIXS Cafe Web App.
9.2 By registering your Payment Method with us and using the Service, you agree to allow MIXS Café to verify and authorise the transferor's transferring details. Furthermore, you agree to cooperate with any financial crime screening required and assist MIXS Café in complying with any prevailing laws or regulations. If you choose to use an overseas processed credit card, you will be held responsible for any additional charges that may arise.
9.3 MIXS Café has absolute discretion to decline or suspend the processing of any transaction if it suspects that the transaction is fraudulent, illegal, or involves criminal activity, or if it believes that you are in breach of the Terms.
9.4 In the event that a payment is invalidated due to claims, chargebacks, or payment reversal, you, as the user, assume full liability to MIXS Café for the total payment amount and any associated fees. By agreeing to these terms, you authorize MIXS Café to determine, or collaborate with your credit card issuer, to ascertain the party responsible for addressing such claims, chargebacks, or reversals.
9.5 The MIXS Cafe Web App's payment function operates solely as a pre-payment mechanism for the MIXS Cafe’s goods and services, facilitating advanced payments for consumed items. It is not intended to function as a store of value for future use. All funds paid via credit/debit card and 3rd party payment partners are designated exclusively for transactions involving the MIXS Cafe’s products and services. 
9.6 You are obligated to immediately inform the MIXS Café of any unauthorised transactions associated with the Service and the MIXS Cafe Web App, or any other security breaches. You are responsible for all losses, reversals, fees, claims, penalties, or chargebacks, incurred by you, MIXS Cafe, another user, or a third party caused by or arising out of your violation of these Terms, damage to or loss of your mobile device, the authorised use of your account by a third party and/or your use of the Service. Where such losses are borne by MIXS Cafe, another user, or a third party, you consent to indemnify the same for any and all such liability. You are solely responsible for resolving any disputes with your credit card company and the legal entities of the Payment Method.
9.7 Any reward benefits, points, or promotions offered by MIXS Café are valid only within their designated periods and are subject to additional terms and conditions that may apply. These terms will take precedence over these Terms to the extent that they relate to such promotions. Apart from the above, these Terms will continue to apply for the Service and the MIXS Cafe Web App.
9.8 For MIXS Café to comply with the Corruption, Drug Trafficking, and Other Serious Crimes Act 1992 (“CDSA”), you may be required to provide MIXS Café with data to establish and verify your identity during the subscription and use of the MIXS Cafe Web App, as well as on an ongoing basis. You agree that MIXS Café and its licensors may use the data provided to establish your identity, implement an ongoing monitoring program to ensure compliance with AMLA provisions, and comply with applicable anti-money laundering and counter-terrorism financing laws. MIXS Café may also share the data internally with its licensors and third-party outsourcers, as well as transfer and report the data and your transactions to banks and other regulators and law enforcement agencies, as deemed appropriate by MIXS Cafe.
10.Indemnification
10.1 By using the Services and/or the MIXS Cafe Web App and agreeing to the Terms, you agree to defend, indemnify, and hold harmless MIXS Cafe, its licensors, and each party's parent organisations, subsidiaries, licensors, officers, directors, members, employees, attorneys, and agents from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees on solicitors client basis) arising from your use or misuse of the Services, MIXS Cafe Web App, violation of these Terms, or violation of any third party rights. MIXS Café reserves the right to assume the exclusive defence and control of any matter subject to indemnification, and you will cooperate in asserting any available defences. If a third-party claims that the Services and/or the MIXS Cafe Web App, or your possession and use of the Services and/or the MIXS Cafe Web App infringes their intellectual property rights, MIXS Café will be solely responsible for investigating, defending, settling, and discharging any such intellectual property infringement claim.
10.2 MIXS Café is making available the MIXS Cafe Web App and the Services to you on "as is," and your use of them is entirely at your own risk. To the maximum extent permitted by applicable law, MIXS Café disclaims all express or implied warranties and conditions, including any warranty or condition of merchantability, satisfactory quality, timeliness, reliability, security, accuracy, fitness for a particular purpose, non-infringement, or freedom from defects, errors, viruses, or other harmful components, or that the MIXS Cafe Web App and the Services will operate without interruption or comply with all applicable laws. Furthermore, MIXS Café does not guarantee that your use of the MIXS Cafe Web App and the Services will successfully, accurately, or securely transmit your information or meet your expectations, requirements, or any applicable laws. MIXS Café also does not warrant that any stored data will be accurate or reliable, or that any products, services, information, or rewards obtained through the MIXS Cafe Web App will meet your expectations or requirements, or that any errors or defects in the MIXS Cafe Web App will be corrected.
10.3 The MIXS Cafe Web App and the Services may have inherent limitations, delays, and other issues that arise due to the use of the internet and electronic communications, including problems related to faulty devices, connectivity issues, out-of-range mobile signals, or malfunctioning devices. MIXS Café is not responsible for any delays, delivery failures, damages, or losses resulting from such issues.
11.No Liability 
To the maximum extent permitted by law, MIXS Café will not be held liable for any claims, losses, damages, data loss, costs, or expenses (whether direct or consequential) that you incur or suffer because of your use of the MIXS Cafe Web App and the Services. MIXS Café will not be held liable for: (a) any loss of income, business, goodwill, or profits arising from these Terms; (b) any unauthorized access or alteration of MIXS CAFÉ Point Wallet; (c) any consequences resulting from any delay or mistake relating to the use of MIXS CAFÉ Point Wallet caused by circumstances beyond MIXS Cafe’s control; (d) any loss or damage that was not caused by the MIXS Cafe’s breach of these Terms or its legal duty of care; (e) any loss or damage that was not a reasonably foreseeable result of the MIXS Cafe’s breach of these Terms or its legal duty of care. Loss or damage is considered "reasonably foreseeable" if such loss was anticipated by MIXS Café and you at the time of agreeing to these Terms; or (f) any loss or damage suffered by you due to your failure to take reasonable precautions against such loss or damage or for breaching these Terms.

12.Notice
MIXS Café may provide notice to you through a general notice posted on the MIXS Cafe Web App, its website, or social media channels, or via mobile messaging services or electronic mail to your email address as recorded by MIXS Cafe, or through written communication sent via registered mail or pre-paid post to your address as recorded by MIXS Cafe. Such notice will be deemed to have been given immediately when it is provided through MIXS Cafe’s website or MIXS Cafe Web App, or upon the expiration of 48 hours after mailing or posting (if sent via registered mail or pre-paid post), or 1 hour after sending (if sent via mobile messaging service or email). You may provide notice to MIXS Café (such notice will be deemed received by MIXS Café upon receipt) by sending a letter via courier or registered mail to the MIXS Cafe’s contact details as provided in the MIXS Cafe Web App.

13.Severability and Survival 
Except as otherwise provided herein, if any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 

14.Amendments to Terms
14.1 Please note that MIXS Café reserves the right to modify, update or revise these Terms at any time, and such modifications, updates or revisions shall be effective upon their posting on the Service. MIXS Café will provide one (1) month prior written notice of any modification, update or revision to these Terms following which your continued use of the Service will be deemed to constitute your acceptance of the revised Terms. 
14.2 You should not assume that the information is always up to date or that the MIXS Cafe Web App contain all the relevant information about MIXS Cafe. It is your responsibility to review these Terms regularly to ensure that you are aware of any changes. If you do not agree to any modifications, updates, or revisions to these Terms, you must immediately stop using the MIXS Cafe Web App and the Services.
15.Final Provisions
15.1 These Terms, as modified from time to time, may not be assigned by you without the prior written approval of MIXS Cafe, but may be assigned without your consent by MIXS Cafe. Any purported assignment by you in violation of this section shall be void.
15.2 The Terms and the use of the Services do not create any joint venture, partnership, employment, or agency relationship between you, MIXS Cafe, or any third-party provider.
15.3 If any provision of the Terms is found to be invalid or unenforceable, such provision shall be deemed to be modified to the extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
15.4 The failure or delay of MIXS Café to exercise any right or remedy under the Terms shall not be construed as a waiver of such right or remedy, and any waiver of such right or remedy must be in writing and signed by MIXS Cafe.
15.5 No person or entity who is not a party to these Terms shall have any right under the Contracts (Rights of Third Parties) Act 2001 or other similar laws to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms