Legal Terms

TERMS & CONDITIONS

TABLE OF CONTENTS

  1. AGREEMENT TO TERMS
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PRODUCT
  6. PURCHASES AND PAYMENT
  7. RETURN/REFUNDS POLICY
  8. PROHIBITED ACTIVITIES
  9. USER GENERATED CONTRIBUTIONS
  10. CONTRIBUTION LICENCE
  11. GUIDELINES FOR REVIEWS

1. AGREEMENT TO TERMS

These Terms & Conditions (“Terms”) establish a binding legal agreement between you, either as an individual or on behalf of an entity (“you”), and Drinks My Holdings Sdn. Bhd., trading as Drinks.my (“Drinks.my”, “we”, “us”, or “our”), relating to your access and use of the website at https://drinks.my and any other affiliated platforms, media channels, mobile websites, or mobile applications (collectively referred to as the “Site”).

Our official registration is in Penang, with our registered office located at No.80-F, Jalan Perak, 10150 Georgetown, Penang, Malaysia. We are recognized under the company registration number 202301036705 (1530628-X). We hold a valid retail license.

By accessing the Site, you confirm that you have read, comprehended, and consent to be bound by these Terms. If you do not accept these Terms in their entirety, you are strictly forbidden from accessing or using the Site, and you should cease its use at once.

Any additional terms, conditions, or documents that might be uploaded to the Site intermittently are unequivocally incorporated into these Terms by reference. At our sole discretion, we may amend or update these Terms occasionally. Any modifications will be signified by updating the “Last updated” date within these Terms. You relinquish any claim to be specifically notified of such changes. It is your responsibility to periodically review these Terms to stay informed about any updates.

By continuing to use the Site following the posting of revised Terms, you accept and consent to the changes in the updated Terms.

The content shared on the Site is not intended for distribution to, or utilization by, any person or entity in any jurisdiction or nation where such distribution or use would infringe any law or regulation or which would require us to register within that jurisdiction or country. Therefore, those who decide to access the Site from different regions are doing so on their own accord and are responsible for adhering to local laws, provided they are relevant.

2. INTELLECTUAL PROPERTY RIGHTS

The Site, unless explicitly stated otherwise, is our exclusive property. This includes all underlying source code, databases, features, software, website designs, audio, video, text, images, and graphics on the Site (referred to collectively as the “Content”). Furthermore, any trademarks, service marks, and logos found within the Site (referred to as the “Marks”) are either owned by, controlled by, or licensed to us. They are safeguarded by the intellectual property rights, copyright and trademark legislations, as well as the laws against unfair competition, as set by the UK, the United States, and various international laws and treaties.

The Content and the Marks are presented on the Site “AS IS”, solely for your informational and personal utilization. Apart from what’s clearly stipulated in these Terms, you are prohibited from replicating, republishing, uploading, posting, displaying publicly, encoding, translating, transmitting, distributing, licensing, selling, or exploiting any portion of the Site, the Content, or the Marks for any commercial intent, unless you have received our explicit written consent beforehand.

Subject to your eligibility and compliance with these Terms, you are given a restricted license to access the Site and to download or print portions of the Content that you’ve legitimately accessed, solely for your personal and non-commercial purposes. All other rights not explicitly granted herein remain reserved by us, pertaining to the Site, its Content, and the Marks.

3. USER REPRESENTATIONS

By accessing and using the Site, you affirm and guarantee that: (1) the details you provide during registration are genuine, precise, up-to-date, and comprehensive; (2) you will consistently ensure this information remains accurate and make timely updates when necessary; (3) you possess the legal authority and you commit to adhering to these Terms; (4) you are not considered a minor in your residing jurisdiction; (5) your interaction with the Site will not be through automated or non-human methods, including bots, scripts, or the like; (6) you will refrain from using the Site for illicit or unauthorized activities; and (7) your engagement with the Site will be in compliance with all relevant laws and regulations.

Should you offer any data that is false, imprecise, outdated, or incomplete, we reserve the right to pause or terminate your account and deny your present and future access to the Site (or any part of it).

4. USER REGISTRATION

Registration on the Site may be necessary. You commit to maintaining the confidentiality of your password and acknowledge that you are accountable for all activities associated with your account and password. We retain the authority to alter, reclaim, or replace any username you choose, should we deem it, at our sole discretion, to be unsuitable, offensive, or in any way problematic.

5. PRODUCT

We strive to present the colors, features, specifications, and details of the products on the Site with utmost precision. However, we cannot assure that these attributes, as viewed on your electronic display, will be entirely accurate, up-to-date, dependable, or error-free. There may be variations between the actual product and its representation on your screen, particularly concerning color and detail. All products are offered based on availability, and we cannot promise consistent stock levels. We hold the discretion to cease offering any product at any given time and for any reason. Product prices are subject to adjustments.

When shown in product images, presentation boxes will accompany the respective bottle. It’s noteworthy that, for their protection during shipping, these boxes might be packed separately.

6. PURCHASES AND PAYMENT

We accept payments through the following methods:

  • Visa
  • Mastercard
  • American Express
  • PayPal

For all purchases made on the Site, you commit to providing accurate, complete, and up-to-date purchase and account details. This includes ensuring timely updates to account and payment data such as your email address, chosen payment method, and card expiration details, facilitating successful transactions and enabling us to reach out when necessary. Applicable VAT, sales tax, and duties will be added to purchase prices as we deem appropriate. We retain the right to modify prices at our discretion. All transactions will be conducted in Ringgit Malaysia, unless an alternative currency is chosen.

You consent to pay all charges corresponding to the prevailing prices for your purchases, inclusive of relevant shipping costs. Upon order placement, you grant us the authority to charge your preferred payment method for these amounts. Should there be any discrepancies or errors in pricing, we hold the right to rectify them, even post-payment request or receipt.

We maintain the discretion to decline any order initiated via the Site. We may set limits or cancel purchase quantities per individual, household, or order, at our sole discretion. Such limitations can extend to orders from the same user account, utilizing identical payment methods, or bearing matching billing or shipping addresses. We reserve the right to restrict or prohibit orders which, based on our judgment, seem to originate from dealers, resellers, or distributors.

7. RETURN/REFUNDS POLICY

Before finalizing any purchase, kindly consult our Return Policy available on the Site.

8. PROHIBITED ACTIVITIES

You are expected to access and utilize the Site exclusively for its intended purposes. Commercial undertakings via the Site are permissible only if explicitly sanctioned by us.

As a Site user, you are prohibited from:

  • Extracting data or content from the Site to craft or amass any database or directory without our explicit written consent.
  • Deceiving us or other users, particularly in efforts to procure confidential account details, including passwords.
  • Disrupting the Site’s security measures or bypassing restrictions related to content usage or Site functionalities.
  • Defaming, devaluing, or causing detriment to our reputation or the Site’s.
  • Exploiting information from the Site to harass or harm individuals.
  • Misusing our support services or falsely reporting misconduct.
  • Operating the Site contrary to pertinent laws and regulations.
  • Illegitimately framing or linking to the Site.
  • Transmitting harmful elements, like viruses, or spamming, which hinders the Site’s seamless experience.
  • Employing automated systems, including data extraction tools, for interactions with the Site.
  • Removing proprietary notices, especially copyright, from any Content.
    Misrepresenting identity or mimicking other users.
  • Deploying tools or devices, such as “spyware”, which discreetly gather information.
  • Overburdening the Site or its associated networks.
    Threatening or harassing our staff or representatives involved in Site provision.
  •  Attempting unauthorized access to restricted Site sections.
  • Duplicating or modifying the Site’s foundational software or code.
  • Manipulating Site software or attempting to discern its makeup, barring permissible scenarios.
  • Utilizing any automated systems, such as robots or offline readers, against the Site’s purpose, barring standard search operations.
  • Engaging purchasing agents to buy from the Site.
  • Misusing the Site, including sending unsolicited emails by collecting user data.
  • Leveraging the Site for competitive activities or commercial gain.
  • Promoting or selling goods/services via the Site.
  • Transferring or selling your user profile.

 

9. USER GENERATED CONTRIBUTIONS

The Site provides avenues for users to engage in discussions, participate in forums, blogs, or other interactive features, allowing you to share content such as text, images, audio, videos, and other materials (“Contributions”). These Contributions might be accessible by other Site users or through third-party platforms, implying that they aren’t confidential. If you opt to share any Contributions, you affirm the following:

  • Your Contributions won’t breach any intellectual property rights, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
  • You possess the requisite ownership, licenses, consents, or permissions to share and permit us and the Site’s users to use your Contributions in line with these Terms of Use.
  • If your Contributions feature identifiable individuals, you have secured their consent to utilize their names or likenesses.
  • Your Contributions are accurate and don’t present false or misleading information.
  • You won’t share unsolicited promotions, spam, or other similar communications as part of your Contributions.
  • You won’t submit content that’s obscene, defamatory, violent, or in any way deemed objectionable by us.
  • Your Contributions won’t target, intimidate, or mock individuals or groups.
  • Your Contributions adhere to all relevant laws and regulations and won’t infringe upon the privacy or rights of others.
  • Your Contributions respect and don’t contravene regulations around content unsuitable for minors.
  • You won’t share content that might be viewed as offensive based on race, ethnicity, gender, sexual orientation, or disability.
  • Overall, your Contributions should not breach any aspect of these Terms of Use or any applicable legislation.

Misusing the Site or its features in contradiction to these guidelines can lead to your access being restricted or terminated.

 

10. CONTRIBUTION LICENCE

When you submit Contributions to any section of our Site:

1. You hereby accord us a perpetual, global, non-exclusive, royalty-free license, ensuring you possess the authority to do so. This allows us to manage, utilize, adapt, commercialize, and create derivative content from your Contributions across all media platforms, irrespective of their current existence or future development. This also encompasses sublicensing these rights.

2. The scope of this license includes our right to leverage your name, corporate brand, franchise label, and any trademarks, logos, or visual and auditory elements you present. You relinquish associated moral rights tied to your Contributions, confirming that such rights haven’t been previously claimed.

3. While we are conferred these rights, you retain comprehensive ownership of your Contributions, encompassing all related intellectual and proprietary rights. We bear no responsibility for any assertions or claims within your Contributions on our Site. The accountability for content and its potential repercussions resides with you. You commit to hold us harmless from any related liabilities and desist from instituting legal challenges tied to your Contributions.

4. We reserve the exclusive discretion to:
– Modify or adjust your Contributions.
– Reallocate Contributions to more fitting sections on the Site.
– Vet, withhold, or eliminate Contributions at any juncture, sans prior notification. Continual supervision of your submissions isn’t mandated on our part.

11. GUIDELINES FOR REVIEWS

On our Site, you may have the opportunity to leave feedback or ratings. When submitting feedback, adhere to the following guidelines:

  1. Your feedback should stem from your direct interactions with the subject of your review.
  2. Avoid using inappropriate or offensive language, including but not limited to, slurs, hate speech, or explicit content.
  3. Refrain from making discriminatory remarks based on attributes such as religion, ethnicity, gender, age, marital status, sexual orientation, or disabilities.
  4. Do not allude to or describe unlawful activities.
  5. Ensure you have no affiliations with competitors when posting unfavorable reviews.
  6. Abstain from passing judgments on the legal nature of any actions.
  7. Ensure the veracity of your statements, avoiding any misleading information.
  8. Do not orchestrate campaigns urging others to post feedback, be it positive or negative.

We retain the right to approve, decline, or delete feedback at our sole discretion. We are not obligated to monitor or remove reviews, even if perceived as inappropriate or inaccurate by some. We do not endorse reviews; they do not reflect our stance or that of our associates. We are not responsible for any content in reviews or any repercussions that may arise from them. By submitting feedback, you provide us with a perpetual, worldwide, non-exclusive, royalty-free right and license, which is also assignable and sublicensable, to use, modify, and disseminate any content related to that feedback.