Last Updated: 20th Sep 2024
Important: Please read these terms carefully. By downloading, installing and/or accessing the Cocca Coffee Mobile Application (“Application”), you are entering into a legally binding agreement with Cocca Coffee Singapore Pte. Ltd. (“Cocca Coffee”). This Mobile Application Terms of Use (“Terms”) governs your use of the Application, and you confirm that you have read, understood and agreed to these Terms. You confirm that you have also read and understood our Privacy Policy. If you do not agree to these Terms, you should cease accessing and using this Application immediately.
1. Updates to these Terms
Cocca Coffee reserves the right to change, modify, or update these Terms and other policies referenced to or incorporated into these Terms at any time and at its sole discretion without giving prior notice. If there are material changes introduced to these Terms, Cocca Coffee will take reasonable efforts to notify you，such as using pop-up windows. Your continued access and use of this Application following the introduction of the changes to the Application will constitute acceptance of such changes.
2. Use of the Application
You must be at least eighteen (18) years old to use this Application and register a Cocca Coffee account (“Account”). By registering for an Account, you represent and warrant that you are at least eighteen (18) years or older. If you are under the age of eighteen (18) (“Minor User”), you may not use this Application or register for an Account without consent from your parent or legal guardian. A Minor User that accesses this Application or registers an Account without a Parent User (as defined below) should immediately discontinue the use. A Minor User must read these Terms with a Parent User and confirm that they and their parent or legal guardian understand and agree to them.
If you are at least eighteen (18) years old and you are the parent or legal guardian of a Minor User seeking to access the Application and register for an Account (“Parent User”), you shall read through these Terms with the Minor User and hereby consent to the Minor User using the Application and registering for an Account in accordance with these Terms. If you approve of a Minor User accessing the Application and registering for an Account, or otherwise assume responsibility of a Minor User, you represent and warrant that you are such Minor User’s parent or legal guardian, and you agree to be bound by these Terms, including without limitation being liable for all use of the Application by the Minor User.
3. Account Registration and Cancellation
Certain functions on this Application are only available to users who have registered for an Account. When you register for an Account (“Registered User”), you will need to provide Cocca Coffee with your mobile phone number and/or email address, which will be used for verification and as your account identifier. If you do not wish to provide Cocca Coffee with your mobile phone number and/or email address, Cocca Coffee will not be able to deliver its services to you and you will not be able to create an Account.
By registering an Account, you acknowledge and confirm that:
- your Account is for your own personal and non-commercial use only;
- the information that you provide is accurate, complete and up-to-date;
- you will maintain and promptly update your details and any other information you provided;
- you are responsible for the security of your own Account (including but not limited to your password);
- you will inform Cocca Coffee immediately by contacting customer service in the event you discover or otherwise suspect any security risks, vulnerabilities or breaches relating to the Application; and
- you will take sole and full responsibility for the activities that occur under your account, including but not limited to all legal liability that may arise from any data modification or other operations you perform on the Application.
If Cocca Coffee finds or has reasons to believe that you have failed to comply with these Terms, or if activities occur on your Account which, in Cocca Coffee’s sole and absolute discretion, determines that they may cause damage to the Application or otherwise violate any third party rights or applicable laws or regulations, Cocca Coffee is entitled to, without prior notice, immediately suspend or terminate your use or access to the your Account and/or Application; or to cancel your Account.
In the event you lose access to your Account, you can request to retrieve your Account by contacting customer service. You understand and acknowledge that Cocca Coffee cannot verify whether the party submitting the request is the authorised owner of the Account. You are solely responsible for maintaining the confidentiality of your Account and its password, and protecting your Account from unauthorised use and access. You will be solely and fully liable for any loss or damage arising from incidents like hacking or password loss due to your own acts or omissions such as improper safekeeping, failure to take reasonable precautions, non-compliance with these requirements, or force majeure. Cocca Coffee is not responsible for any loss or harm suffered by you due to the inaccurate or incomplete information that you provided.
As a Registered User, subject to applicable terms, rules or in-product disclosures, you may carry out certain functions or engage in different services offered by Cocca Coffee, such as placing orders on the Application which will be tagged to your Account. You may cancel your Account anytime for any reason. If you cancel your account, all existing vouchers in your Account will automatically become invalid, and you understand that you are not entitled to any refund in relation to the vouchers if you cancel your Account on your own accord.
Upon any termination, you understand that once your Account is cancelled, all data, content or information generated under the Account will be deleted or anonymized and cannot be recovered or provided to you.
4. User Licence
You will be granted a personal, non-exclusive, non-transferable, limited, revocable and non-perpetual licence to use the Application for personal and non-commercial use only. Any and all rights subsisting in the Application are and shall remain exclusively with Cocca Coffee. Nothing in these Terms intends to vest in or otherwise transfer any rights to you. Cocca Coffee reserves all the rights not expressly granted under these Terms.
You are responsible agree that your use of the Application is in accordance with these Terms, and you agree not to:
- use the Application to harass, stalk, threaten, defame or otherwise infringe the rights of others;
- use the Application in an unlawful, fraudulent or deceptive manner;
- use or launch any automated system such as “robots” and “spiders” against the Application;
- attempt to introduce viruses or other codes, files or programs that may damage, interrupt, destroy or limit the functionality of the Application;
- use technology or other means to access the Application which will harm or impair the functionality of the Application;
- encourage or commit any act or conduct that would be in violation of applicable laws and regulations; and
- impersonate any person or entity when using this Application.
Your licence to use the Application may be revoked by Cocca Coffee anytime without prior notice, if Cocca Coffee, in its sole and absolute discretion, determines that you have violated these Terms.
5. Services
Cocca Coffee provides various services on the Application. For example, you can place your order, make payment for your orders, purchase vouchers, provide your comments and feedback, participate in promotional activities etc. Cocca Coffee may also offer discount codes or vouchers from time to time.
Cocca Coffee is entitled, in its own discretion, to adjust and determine the types of services provided on the Application, and the available services may differ from user to user.
6. Placement of Orders and Delivery
You may place your order on the Application, and select the option of self-pick-up. Upon logging into your Account, you may enter your postal code or allow the Application to detect your location. The Application will then provide you a list of available coffee shops nearby. You are responsible to select your preferred coffee shop and place your order with the store that you have selected.
If you opt for self-pick-up, please note the estimate time of when your order will be ready. You are responsible to collect your order from the selected coffee shop. If you fail to collect your order within the opening hours of the coffee shop on that day, Cocca Coffee reserves the right to discard your order for food safety and hygiene reasons. In the event your order is discarded due to actions or omissions on your end, you are not entitled to a refund for the discarded order.
To complete your placement of order, you are liable to pay the full and final amount for your order, which will be reflected at the check out page on the Application in accordance with Clause 7 below, unless Cocca Coffee is unable to fulfill your order and has to cancel your order.
7. Payment
You may make payment for the orders you placed via your Account on the Application. Please note that Cocca Coffee does not accept cash as a form of payment.
Payment may be made using any of the payment methods prescribed by Cocca Coffee from time to time. When you place an order or purchase a product, actual payment will only be charged upon Cocca Coffee’s acceptance of your order.
You understand and agree that you are subject to the applicable terms and conditions or user agreement of your selected payment method. You may not claim against Cocca Coffee for any failure, disruption or error in connection with your chosen payment method. Cocca Coffee reserves the right, in its sole discretion and at any time, to modify or discontinue, temporarily or permanently, any payment method without giving you notice or giving any reasons. You may make payment by the following:
Coffee Voucher: If you use a voucher, please read the voucher-related explanatory note carefully, which will appear via a pop-up notification on the Application before you check out your orders or purchases. You may also access the Coffee Credits to view the instructions.
If you fail to complete the payment within the time indicated on the page according to the terms and conditions of the payment method you choose, or cancel the payment for any reason, Cocca Coffee has the right to terminate your order.
For any questions about refunds, please contact our customer service. We will, on a case-by-case basis, assess your request for a refund and determine, in our sole discretion, if you are entitled to a refund. All refunds shall be made via the original payment mechanism and to the person who made the original payment. You understand that we are unable to offer or provide you with any guarantee regarding the timeliness of the refunds reaching you. The processing of payment may take time and is subject to the respective banks and payment service providers’ internal processing timeline. We reserve the right to modify the mechanism of processing refunds at any time without providing you with notice.
8. Communications
When signing up for an Account, you may opt-in to receive promotional or marketing messages or materials from Cocca Coffee. Depending on your choice, the promotional or marketing messages may be sent to you via your email, phone number, the Application or other means of communication you voluntarily provided.
If you are an iOS user, when you first download the Application, you will receive a prompt from your device to either accept or reject notifications. If you agree to accept notifications, you may receive both in-app and out-of-app push notifications.
If you are an Android user, you will not be prompted by your device to confirm your settings in relation to notifications. If you do not wish to receive push notifications from Cocca Coffee, you must manually toggle your device settings to reject push notifications. If you do not do so, you are deemed to have consented to the receipt of push notifications, both in and out of app.
Please read Cocca Coffee’s Privacy Policy to understand how your information is being collected, used and disclosed.
9. Intellectual Property
For the purposes of these Terms, “Intellectual Property” means any and all rights in and in relation to patents, trade marks, service marks, and other marks, logos, get-up, trade and business names, internet domain names, designs (and applications for all the same), copyright, moral rights, database rights, rights in know-how, trade secrets, confidential information, inventions, discoveries, improvements, techniques, computer programs and other confidential processes and information and know-how, in each case whether capable of being registered, registered or unregistered and including applications for registration and all rights or forms of protection having equivalent or similar effect elsewhere in the world and rights in the nature of unfair competition rights and rights to sue for passing off.
Cocca Coffee retains all rights, title, and interest (including all Intellectual Property rights) in and to the Application (and the materials found on the Application), including any updates or customisations of any of the foregoing, and any feedback, comments and suggestions submitted by you regarding our current or future products and services. To the extent that such rights, title and interest in and to the feedback, comments and suggestions that you submitted do not automatically vest in Cocca Coffee and cannot be assigned to Cocca Coffee as above, you hereby grant Cocca Coffee an exclusive, perpetual, universal, irrevocable, transferable, sub-licensable, royalty-free and fully paid-up right and licence to use and exploit any of such rights, title and interest (including following the expiry or termination of your Account).
You are not allowed to use any of Cocca Coffee’s Intellectual Property without Cocca Coffee’s prior written consent. You shall not apply for the registration of Cocca Coffee’s Intellectual Property, nor shall you indicate or represent to others, directly or indirectly, that you have the right to display, use or handle Cocca Coffee’s Intellectual Property.
No licences, titles or interests are granted to you by implication or otherwise under any Intellectual Property rights owned or controlled by Cocca Coffee, except for the licences and rights expressly granted in these Terms.
10. Indemnity
To the fullest extent permissible under applicable laws, you agree to defend, indemnify and hold harmless Cocca Coffee, is parent and other affiliated companies (collectively, “Cocca Coffee Group”) and Cocca Coffee Group’s officers, directors, employees, agents, contractors, advisors and consultants from any and all claims, liability, costs, and expenses, including but not limited to attorney’s fees and expenses, arising from or is in connection with (i) your access, use and misuse of the Application, (ii) your violation of these Terms, (iii) your violation of any applicable laws or regulations, (iv) your violation of the rights of others, and/or (v) your willful misconduct.
Cocca Coffee reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Cocca Coffee and you agree to cooperate with Cocca Coffee with its defense of these claims.
11. Disclaimer and Exclusion of Warranties
Nothing in these Terms shall affect any statutory rights that cannot be contractually altered or waived.
While Cocca Coffee will use reasonable efforts to ensure that the availability of the Application, you acknowledge and understand that the availability of the Application and its related services is dependent on external factors that are not within Cocca Coffee’s control. Cocca Coffee makes no warranty or representation to you that your use of the Application and its related services will be uninterrupted, timely or free from error.
To the fullest extent permissible under applicable laws, no conditions, representations, guarantees, warranties or other terms (including any implied terms as to the satisfactory quality, fitness for purpose or conformance with description) apply to the Application and its related services except to the extent expressly set out in these Terms.
Cocca Coffee is entitled to modify, revise or suspend the availability of the Application and its related services at any time without notice.
12. Limitation of Liability
Nothing in these Terms exclude or limit Cocca Coffee’s liability for losses that may not be lawfully excluded or limited by applicable laws.
Notwithstanding the above, Cocca Coffee Group and its officers, directors, employees, agents, contractors, advisors and consultants shall not be liable to you for your use of the Application, any loss of profit (whether incurred directly or indirectly), any loss of goodwill, any loss of opportunity, any loss of income, any loss of data, and any indirect or consequential losses which you may incur.
13. Governing Law and Dispute Resolution
These Terms (including all other terms and conditions referenced to or incorporated herein) are governed by the laws of Singapore, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute, claim, controversy or difference arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of Singapore Courts.
14. Assignment
Cocca Coffee may assign its rights or transfer its obligations under these Terms, in whole or in part, to any third party at its sole discretion.
15. Entire Agreement
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including all other terms and conditions referenced to or incorporated herein) constitute the full and complete understanding and the entire legal agreement between you and Cocca Coffee, and govern your use of the Application, and completely supersede any prior discussions or agreements, whether oral or written, between you and Cocca Coffee in relation to the Application.
16. Severance
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but its invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the rest of these Terms.
17. Force Majeure
Cocca Coffee shall not be liable for the non-performance, error, interruption or delay in its performance of obligations under these Terms if this is due, in whole or in part, directly or indirectly, to an event or failure which is unavoidable, beyond our reasonable control or which renders impossible the performance of such obligation.
18. Waiver
Cocca Coffee’s failure, delay or neglect to enforce, at any time, the rights or provisions of these Terms will not constitute a waiver of such right or provisions or of the right to enforce such provisions subsequently.
19. Rights of Third Parties
Other as expressly set out in these Terms, a person or entity who is not a party to these Terms shall have no right under applicable laws to enforce any provisions of these Terms.
20. Customer Service
If you have any questions about these Terms or our services, you may contact us via the following methods:
Email: customer.service@coccacoffee.com