USE OF THIS NEW BREAD HISTORY MEMBER CARD AND MOBILE APPLICATION ( “BH MEMBER CARD”, “APP” ) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY BREAD HISTORY SDN BHD FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”, “YOU”) AND BREAD HISTORY SDN. BHD. (“COMPANY”, “US”, “BREAD HISTORY”) GOVERNING THE USE OF THE BH MEMBER CARD AND APPLICATION. BY DOWNLOADING OR INSTALLING THIS APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS, USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.
It is agreed that all members’ privileges and rights to enjoy the promotions, discounts and special offers are governed by the Terms and Conditions and Privacy Notice hereunder. Failure to comply with such Terms and Conditions shall result in the refusal and/or the cancellation of new Bread History (herein referred to as “BH”) Membership by Bread History Sdn. Bhd. (herein referred to as the “Company”).
Please ensure that you have read and understood these terms before using new BH member card / App. If you do not understand these terms, you may call to +604-505 0070 to discuss your concerns with us before your first use BH member card / App.
PART ONE: APPLICATION FOR NEW BREAD HISTORY MEMBERSHIP
Expiry Date
New BH membership is a lifetime membership. There will be no expiry date for it.
Fees
The Company charges a One-time fee of RM 30.00 for each BH membership application.
Age
All applicants below 18 years old must obtain a parent/guardian’s consent to apply for new BH Membership and / or App downloading.
Renewal of Existing / Expired BH Membership
Existing / expired BH membership shall be cancelled/void upon application for new BH membership.
PART TWO: GENERAL TERMS
Transferability
One person can hold only ONE (1) BH membership at any one time. No corporate or joint memberships are allowed. New BH membership is applicable at all Bread History outlets by Bread History Sdn Bhd in Malaysia only.
Valid Use
New BH membership is only valid for use in any Bread History outlets by Bread History Sdn Bhd in Malaysia only. We reserve the rights not to accept any membership verification or otherwise limit the use of New BH membership if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Redemption
New BH Member Card cannot be exchanged for cash unless required by and subject to the terms of this agreement. All reward benefits are only valid within their stipulated periods.
Liability
The Company shall not be liable to any members in respect of any issues concerning the issuance, operation and maintenance of the New BH Membership. The Company will not be held responsible for stolen/lost/damaged cards and/or unredeemed points.
Damaged Card
There will be no charges for damaged cards but the member has to return the damaged card to any Bread History outlet and to receive a replacement card.
Lost Card
The member has to re-apply a new membership at any Bread History outlet with the payment charges amounting to RM30.00; while the lost card shall be void together with related membership.
Changes
The company reserves the right to change or modify these Terms or any other Bread History Policies related to new BH membership, BH member card and application at any time and at its sole discretion by posting revisions on the Bread History Website. Continued use of new BH membership, BH member card and application following the posting of these changes or modifications will constitute acceptance of such changes or modifications. The company may at any time and in its absolute discretion to amend or terminate the discount privileges, terms and conditions, without any reference to the Member and without assigning any reason. The Company reserves the right to reject any application without prejudice to any party. New BH Member Card remains the property of the company and must be returned to the company upon request.
Part Three: Important Legal Terms
Apple and Google Terms and Conditions; Bread History Policies
These Terms supplement and incorporate
(a) in case the Application is distributed through Apple, Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”);
(b) in case the Application is distributed through Google Inc’s (“Google”) system, Google Play Terms of Service (located at http://play.google.com/about/play-terms.html) (“Google Terms”) and
(c) other Bread History policies (“BH Policies”), including the terms of use for Bread History Website (www.breadhistory.com.my). If any of the provisions of the Apple Terms, Google Terms or any applicable BH Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variation made by us. If you continue to use this App, you are deemed to accept such variations.
User License
Subject to these Terms, Bread History grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non-commercial use only on an Apple iPhone, iPad or iPod Touch or an Android device (each a “Device”) owned or controlled by User as permitted by the Apple Terms or the Google Terms and in accordance with these Terms (“User License”). All other rights in the App are reserved by Bread History Sdn Bhd. In the event of your breach of these App Terms, we will be entitled to terminate the User License immediately.
Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Use of the App
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third-party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App. You acknowledge and agree that only one (1) account can be registered on one (1) device. By using the App, you will automatically be a member of Bread History.
Online Payment
Users who download the App to a Device may also elect to participate in certain functionality of the App which will allow the User to use a Device to load value to E-wallet or make payment in accordance with these Terms and Bread History policies (located at www.breadhistory.com.my ) or which will allow the User to use a Device to make payment by credit card in accordance with these Terms. Bread History reserves the right at any time to discontinue any or all of the functions of online payment.
User Information
Some functionality of the Application, including online payment, purchase of any baked items and location based services and functionality, may require the transmission of information provided by the User including but not limited to User names, passwords, I.C. number, addresses, e-mail addresses, financial information (such as credit card numbers), the International Mobile Equipment Identity number accessed in the User’s Device, phone-book information, information related to new BH member card or GPS location (“User Information”). If the User uses such App functionality, the User consents to the transmission of User Information to Bread History, its agents and/or service providers and authorizes Bread History, its agents and/or service providers to collect, record, process and store such User Information as necessary for the App functionality and for purposes described in Bread History Policy (located at www.breadhistory.com.my ).
The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the App, including online payment, for all transactions and other activities undertaken with new BH member card registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify Bread History of any unauthorized transactions associated with the App including online payment or any other breach of security. Bread History shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the App.
Acceptable Use
Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms and Bread History Policies. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Application, Bread History Website or Content that is not authorized by Bread History; (d) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Application, Bread History Website or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Bread History computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Bread History servers or networks; or (j) fails to comply with applicable third party terms (collectively “Acceptable Use”). Bread History reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Online Payment, remove Content or assert legal action with respect to Content or use of the Application, including Online Payment, that Bread History reasonably believes is or might be in violation of these terms of Acceptable Use or Bread History Policies including Bread History membership Terms and Conditions, but Bread History failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Indemnification
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgements (including solicitors’ or attorneys’ fees and court costs) arising from the user’s use or misuse of the Application (including Online Payment), violation of these Terms or violation of any rights of a third party. Bread History reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate in asserting any available defences. In the event of any third-party claim that the Application or user’s possession and use of the Application infringes that third party’s intellectual property right, Bread History, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
No Warranties
BREAD HISTORY IS PROVIDING THE APPLICATION TO THE USER “AS IS” AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, BREAD HISTORY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE APPLICATION IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF ONLINE PAYMENT) WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
No Liability
To the fullest extent allowable under applicable law, in no event shall Bread History Sdn Bhd and their affiliated companies (a) be liable to the user with respect to use of the Application, including without limitation participation in online payment; (b) be liable to the user for any direct, indirect, special, incidental, consequential, or exemplary damages, including without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, the inability to use the Application or device failure or malfunction. The user’s sole remedy is to cease use of the Application or to cease participation in online payment. To the fullest extent allowable under applicable law, in no event (but subject to the maximum extent permitted by applicable law) shall the aggregate liability of Bread History Sdn. Bhd. and their affiliated companies, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the Application exceed any compensation the user pays, if any, to Bread History for access to or use of the Application during six months period immediately prior to the event giving rise to such liability.
Trademarks
All trademarks, service marks and logos displayed in the Application are the exclusive properties of Bread History Sdn Bhd and / or their respective third-party proprietors as identified in this Application and are protected by applicable Malaysian and international laws. These trademarks, service marks or logos shall not be reproduced, downloaded, copied, modified or otherwise used without our express prior written consent.
Governing Law and Jurisdiction
These Terms are governed by the laws of Malaysia without regard to conflict of laws rules. The user irrevocably consents to the exclusive jurisdiction of the courts of Malaysia for purposes of any legal action arising out of or related to the use of the Application or these Terms.
Severability
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.
Part Five: Customer Service
All members must read, understand and consent to the Privacy Notice to ensure the application can be further processed in order.
Enquiry
If you have any questions regarding new BH membership Terms of Use and Agreement, please email our Customer Service Team at [email protected] or call our Customer Service Team.
Customer Call Centre
Customer Service Team Number: +604-505 0070, Mondays to Fridays, 8am to 5pm.
