INTRODUCTION

Welcome to 95 Kopitiam or 95 Kopitiam (the "Platform"). These terms and conditions ("Terms and Conditions") apply to the Platform, 95 Kopitiam (123-Kopi), and all of its divisions, subsidiaries, mobile apps and affiliate operated Internet Platforms which reference these Terms and Conditions.

By accessing the Platform, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this Platform. The Platform reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Platform with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Platform following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

USE OF 95 Kopitiam

We grant you a non-transferable and revocable license to use the Platform, under the Terms and Conditions described, for the purpose of sourcing and/or shopping for items or materials sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorised use of your password or account. The Platform shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

USER SUBMISSIONS

Anything that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Platform, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

ORDER ACCEPTANCE AND PRICING

Please note that there are cases when an order cannot be processed for various reasons. The Platform reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

We are determined to provide the most accurate pricing information on the Platform to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Platform. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the Platform design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

As such the Platform reserves the full rights to desist and prevent usage of trademarked and / or copyrighted content materials including, but not limited to, text, graphics, software, photos, video, music and sound uploaded by third party, suppliers and merchants operating on the Platform.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Platform reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Platform and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Platform shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform or with any terms, conditions, rules, policies, guidelines, or practices of

95 Kopitiam (123-Kopi), in operating the Platform, your sole and exclusive remedy is to discontinue using the Platform.

Terms of Use - 95 Kopitiam

1. INTERPRETATION

1.1 In these Conditions:

"Buyer" means the person who accepts a quotation from Seller via 95 Kopitiam for the purchase of Goods;

"Seller" means the person who enters into a contract for the supply of Goods via 95 Kopitiam;

"Conditions" mean the general terms and conditions set out in this document;

"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;

"Goods" means the materials (including any instalment of the materials or any parts for them) which Seller is to supply in accordance with a Contract;

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

“95 Kopitiam” means 95 Kopitiam, a platform consisting of website and mobile apps operated by 95 Kopitiam, a company incorporated in Malaysia under registration number 1193719K and having its registered address at 14A, Jalan Tun Mohd Fuad, Taman Tun Dr Ismail, 60000 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. BASIS OF THE CONTRACT

2.1 The supply of Goods by Seller to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2 Any information made available in 95 Kopitiam in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.

2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and/or Seller and 95 Kopitiam.

2.4 Any typographical, clerical or other error or omission in any quotation, invoice or other document or information issued by 95 Kopitiam in its website and mobile apps shall be subject to correction without any liability on the part of 95 Kopitiam.

2.5 95 Kopitiam may provide Buyer and Seller with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.

3. PRICE

The price of the Goods and/or Services shall be the price stated in 95 Kopitiam at the time which the Buyer makes its offer purchase. The price may include the cost of packaging, handling, delivery and deployment charges, any applicable goods and services tax, value added tax or similar tax.

4. TERMS OF PAYMENT

4.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods provided by 95 Kopitiam. The terms and conditions applicable to each type of payment, as contained in 95 Kopitiam, shall be applicable to the Contract.

4.2 In addition to any additional terms contained in 95 Kopitiam, the following terms shall also apply to the following types of payment:

4.2.1 Credit Card

Credit Card payment option is available for all Buyers. 95 Kopitiam accepts all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry-leading encryption standards.

Please take note that additional charges may be incurred if you are using a non-Malaysian issued card due to Foreign Exchange.

4.2.2 Debit Cards

95 Kopitiam accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.

4.2.3 Online Banking

1. By choosing this payment method, the Buyer shall transfer the payment for the Goods to 95 Kopitiam's account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. 95 Kopitiam, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

1. For the time being, 95 Kopitiam accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB, Affin Bank, OCBC Bank, Standard Chartered Bank, Bank Kerjasama Rakyat Malaysia, Bank Muamalat, Kuwait Finance House, Bank Simpanan Nasional, Alliance Bank, United Overseas Bank (UOB).

5. DELIVERY / PERFORMANCE

5.1 Delivery, handling and deployment of the Goods and all aspects of it, including schedule and status updates shall be at the sole discretion and responsibility of the Seller.

5.2 95 Kopitiam does not provide logistics or any form of delivery arrangement and services on behalf of Sellers at this point of time.

6. RISK AND PROPERTY OF THE GOODS

6.1 Risk of damage to or loss of the Goods shall pass to the Seller, and is at their sole responsibility as 95 Kopitiam does not partake in any part of its delivery to Buyer.

7. WARRANTIES AND REMEDIES

7.1. Warranty (if any) concerning the Goods may be given, subject to and is sole responsibility of each individual Seller and the product or service in topic.

7.2 95 Kopitiam do not give or issue any forms of warranty to goods, products and materials sold or services provided, on behalf of the Seller.

8. RETURNS AND REFUNDS

8.1 Return and refund requests for goods sold are at sole discretion of Seller and subject to their own Terms and Conditions.

8.2 95 Kopitiam do not process, accept or reject any return and refund requests on behalf of Seller.

9. FORCE MAJEURE

9.1 95 Kopitiam shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of 95 Kopitiam’s obligations if the delay or failure was due to any cause beyond 95 Kopitiam’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond 95 Kopitiam’s reasonable control:

9.1.1 Act of God, explosion, flood, tempest, fire or accident;

9.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;

9.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;

9.1.4 import or export regulations or embargoes;

9.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of 95 Kopitiam or of a third party);

9.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;

9.1.7 power failure or breakdown in machinery.

9.2 Upon the happening of any one of the events set out in Condition 9.1 95 Kopitiam may at its option:-

9.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;

9.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and 95 Kopitiam shall not be liable for any loss or damage suffered by the Buyer as a result thereof.