Terms of Use and Agreement
Starbucks Card Account Terms of Use and Agreement

Last Revised: 30th May 2014



USE OF THE STARBUCKS MALAYSIA CARD PROGRAM AND MOBILE APPLICATION (THE “STARBUCKS CARD”, “APPLICATION” ) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY STARBUCKS FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”, “YOU”) AND BERJAYA STARBUCKS COFFEE COMPANY SDN. BHD. (“STARBUCKS", “US”) GOVERNING THE USE OF THE STARBUCKS CARD.

THE USE OF STARBUCKS CARD IS GOVERNED BY THE TERMS OF THIS AGREEMENT. PLEASE ENSURE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS BEFORE USING YOUR STARBUCKS CARD. IF YOU DO NOT UNDERSTAND THESE TERMS YOU MAY CALL 1300-80-8989 TO DISCUSS YOUR CONCERNS WITH US BEFORE YOU FIRST USE YOUR STARBUCKS CARD.

BY DOWNLOADING OR INSTALLING THE 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.

PLEASE ALSO TAKE THE TIME TO REGISTER YOUR STARBUCKS CARD AT OUR WEB SITE AT www.starbucks.com.my AS THIS WILL ENSURE YOU THE SECURITY IN THE EVENT THAT YOUR CARD IS LOST, STOLEN OR DAMAGED.

WE RECOMMEND YOU KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.



PART ONE: STARBUCKS CARD GENERAL TERMS

About Your Account; Starbucks Purchases Only
The Starbucks Card is issued to you by Starbucks. It allows you to load a monetary value on to your Starbucks Card for future purchases at Starbucks stores. The Starbucks Card can be used to make any purchases at Starbucks stores except for purchase of Starbucks Gift Certificates. The Starbucks Card is to be treated like cash. It cannot be replaced if lost, stolen or damaged unless you have registered it and reported the loss as described below. The monetary value that you load onto your Starbucks Card is a pre-payment only for the goods and services of Starbucks stores. No credit card, credit line, overdraft protection or deposit account is associated with a Starbucks Card. No interest, dividends or any other earnings on funds loaded on to a Starbucks Card will accrue or be paid or credited to you by Starbucks. The value associated with the Starbucks Card is not insured or guaranteed by any person or entity.

Your Starbucks Card is only valid for use in Starbucks stores in Malaysia only. We reserve the right not to accept any Starbucks Card or otherwise limit use of a Starbucks Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

Loading Value on Your Card
In Malaysia, you can load value onto a Starbucks Card by using cash, credit card, and/or debit card by visiting any Starbucks store in Malaysia. If you choose to top up your Starbucks Card online, any personal data which you provide to us in order to do so will be held pursuant to Starbucks Privacy Policy on servers in Malaysia and by proceeding with the topping up facility, you will be agreeing to this arrangement. Loading a Starbucks Card with another Starbucks Card is not allowed. The minimum amount that can be loaded into a Starbucks Card for the first time is RM20. A maximum amount of RM500 is permitted on a Starbucks Card at any given time and the amount that can be reloaded into a Starbucks Card must be in denominations of RM10. Starbucks may change these maximum and minimum amounts at any time by notifying you at the point of sale or on the Starbucks web site and such change shall not constitute an amendment to this agreement.

Fees and Expiry Date
Starbucks does not charge any fees for the issuance, activation, use or reloading of your Starbucks Card. Your Starbucks Card will expire if not used in three years after the last transaction transacted.

Receipts and Statements
Cardholders are not sent statements of itemized transactions from a Starbucks Card account. You can check the balance of your Starbucks Card or review the last twenty recent transactions on your Starbucks Card on our web site at www.starbucks.com.my, or by calling 1300-80-8989. Keep your receipts and check your online statement to ensure that your account balance is correct.

Redemption
The Malaysia Starbucks Card cannot be exchanged for cash or credit balance unless required by and subject to the terms of this agreement. All reward benefits are valid only within their stipulated periods.


Complaint Handling

We reserve the right to correct the balance of your Starbucks Card account if we believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Starbucks Card, please contact our Customer Care Team by phone on 1300-80-8989 and we will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We will have no liability for any billing error unless you provide us notice within sixty (60) days of the date you become aware of the error. You should monitor your transactions and account balances closely.


Optional Registration; Liability for Unauthorised Transactions
Because your Starbucks Card is used like cash for purchases from Starbucks, you are responsible for all transactions associated with your Starbucks Card, including unauthorized transactions. There are no replacements for lost, stolen or damaged Starbucks Cards. However, for registered Starbucks Card, the card can be deactivated by contacting our Customer Care Team by phone on 1300-80-8989 or log online at www.starbucks.com.my to stop usage of the card. You are required to activate a new Starbucks Card with the minimum load amount of RM20 and transfer the balance from the deactivated card into the new card online upon registration of the new card. We can only replace the balance remaining on the card from the time it was deactivated. Your Starbucks Card balance is only protected from the point in time that you notify us that the Card is lost, stolen or damaged. The transfer of value of the deactivated card must be done within 30 days from the date it was deactivated; in which if you fail to do so, the value in the deactivated Card will be forfeited.

In the event of an unregistered Card is lost, any remaining balance of the Card is forfeited.

To register your card, please visit our web site at www.starbucks.com.my. Please notify us immediately if there is a change of information provided for registration. Personal information which you provide to us for purposes of registering your Starbucks Card will be held pursuant to Starbucks Privacy Policy which is available on this website at www.starbucks.com.my (“Starbucks Website”). If your registered Starbucks Card is lost, stolen or damaged, you should contact us immediately at 1300-80-8989.


PART TWO:  IMPORTANT LEGAL TERMS

Apple and Google Terms and Conditions; Starbucks 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 Starbucks policies (“Starbucks Policies”), including the terms of use for the Starbucks Website and the Starbucks Card, posted at www.starbucks.com.my (“Starbucks Website”). If any of the provisions of the Apple Terms, Google Terms or any applicable Starbucks Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.

User License
Subject to these Terms, Starbucks 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”). 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.

Online Payment
Users who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the User to use a Device to load value to or make payment by a Starbucks stored value card (“Starbucks Card”) or to transfer any or all of the outstanding balance from one Starbucks Card to another Starbucks Card in accordance with these Terms and the Starbucks Policies including the Starbucks Card Terms and Conditions located at Starbucks Website or which will allow the User to use a Device to make payment by credit card in accordance with these Terms and the Starbucks Policies (“Online Payment”). Starbucks 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 Starbucks Virtual Card (“E-Card”) and location based services and functionality, may require the transmission of information provided by the User including but not limited to user names and passwords, 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 a Starbucks Card or GPS location (“User Information”). If the User uses such Application functionality, the User consents to the transmission of User Information to Starbucks, its agents and/or service providers and authorizes Starbucks, its agents and/or service providers to record, process and store such User Information as necessary for the Application functionality and for purposes described in the Starbucks Privacy Policy located at Starbucks Website. 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 Application, including Online Payment, for all transactions and other activities undertaken with any Starbucks Card registered in the User’s name or in relation to purchase of Starbucks E-Card, whether authorized or unauthorized. The User agrees to immediately notify Starbucks of any unauthorized transactions associated with the Application including Online Payment or any other breach of security. Starbucks 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 Application.

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 the Starbucks 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, Starbucks Website or Content that is not authorized by Starbucks; (d) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Application, Starbucks 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 Starbucks 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 Starbucks servers or networks; or (j) fails to comply with applicable third party terms (collectively “Acceptable Use”). Starbucks 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 Starbucks reasonably believes is or might be in violation of these terms of Acceptable Use or Starbucks Policies including the Starbucks Card Terms and Conditions, but Starbucks failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Indemnification
At Starbucks request, the User agrees to defend, indemnify, and hold harmless Starbucks, Starbucks Corporation and their affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise 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. Starbucks reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. 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, Starbucks, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.


No Warranties

STARBUCKS 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, STARBUCKS 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

Starbucks will not be liable the User for:

  • any loss of income, business, goodwill or profits arising out of this agreement;
  • any loss of income, business, goodwill or profits arising out of this agreement;
  • any unauthorized access to or alteration, theft or destruction of the Starbucks Card;
    the consequences of any delay or mistake relating to the use of Starbucks Card caused by any circumstances beyond Starbucks’ control;
  • any loss or damage which was not caused by Starbucks’ breach of this agreement or breach of legal duty of care;
  • any loss or damage which was not a reasonably foreseeable result of either Starbucks’ breach of this agreement or breach of legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time Starbucks and the User entered into this agreement, such loss was contemplated by the User and by Starbucks; or
  • any loss or damage suffered by the User as a result of the User failing to take reasonable precautions against such loss or damage.

Marks, Application and Content
“Starbucks”, “Starbucks Coffee Company”, the Starbucks logo, and other Starbucks trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Starbucks Corporation (collectively “Starbucks Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The Starbucks Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Starbucks or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Starbucks or the owner of the Content.


Governing Law and Jurisdiction

These Terms are governed by the laws of Malaysia, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. 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.


Changes

Starbucks reserves the right to change or modify these Terms or any other Starbucks Policies related to use of the Application at any time and at its sole discretion by posting revisions on the Starbucks Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.


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.

Assignment
We may transfer all or part of this agreement without such transfer being considered a change to the agreement, by giving notice to you. The company or other entity to whom we transfer this agreement will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of this agreement so that you rights under this agreement are not detrimentally affected.

Entire Agreement; Construction
All correspondence entered into under this agreement will be in the English language. This agreement is the complete and exclusive statement of the agreement between you and Berjaya Starbucks Coffee Company SdnBhd and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this agreement.

Changes
Starbucks reserves the right to change or modify these Terms or any other Starbucks Policies related to use of the Application at any time and at its sole discretion by posting revisions on the Starbucks Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.


Enquiries or Questions

If you have any questions regarding this Starbucks Card Account Terms of Use and Agreement, or your Starbucks Card, please email our Customer Care Team at customer@starbucks.com.my or call 1300-80-8989.

Berjaya Starbucks Coffee Company Sdn Bhd
Lot 10-04, Level 10, West Berjaya Times Square
Berjaya Times Square
1, Jalan Imbi 55100 Kuala Lumpur

Customer Call Centre
Malaysia Hotline Number: 1300-80-8989
Mondays to Sundays, 9am to 6pm