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Privacy and Terms
We have updated our Privacy Policy and Terms recently. By using O'Briens Website, you are agreeing to these Terms.
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Terms and Conditions

1. INTRODUCTION
Welcome to O’Briens Irish Sandwich Café delivery website (the “Website”) operated by O’Briens in Kuala Lumpur, Malaysia. This is an Agreement to inform you the Terms & Conditions (T&C) between The User (“USER”, “YOU” or “YOUR”) and (“O’BRIENS”, “WE” or “US”). Please ensure that you have read and understood before your first use. By registering on our Website USER acknowledge and agrees to be bound by these T&C’s and our terms of use policy.
Please do take your time to register our “Loyalty Program” at our Website www@obriens.com.my. As this will ensure you the security of your points has been used appropriately. For instance; to refresh your new points, voucher, rewards in your Loyalty account.

 

2. ORDERING
2.1. ORDER- By placing an order through our Website, you enter into an agreement with O’Briens with respect to the processing of that order and forwarding it to the store.

2.2 Bulk Order - For office meetings/ special events above RM 350, it's advisable to order 24 hours in advance to minimise any delays.

2.3 CONTACT DETAILS- O’Briens responsible for the preparation and quality of your order. You agree to take particular care when providing us with your contact details, delivery address and assure that these details are accurate and complete at the time of ordering.

2.4 UNAUTHORIZED ACCESS- O’Briens will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.

2.5 O’BRIENS STORE- All the location of the stores is stated in our Website. Please pre-check your location before you place an order.

2.6 ORDER CONFIRMATION- When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be generated automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect.

2.7 DELIVERY TIME- O’Briens will send a confirmation email to specify delivery details and the approximate delivery time only and may vary. We will make every effort to deliver within the stipulated time; however, we will not be held liable for any loss caused to you by delivering late. If the Meals are not delivered within the estimated delivery time quoted by us, please contact our Customer Care Team at 1300-30-3000 from 8 am-5 pm Monday-Friday and we will try to ensure that you receive your order as quickly as possible.

 

3. PRICES AND ONLINE PAYMENT

3.1. PRICE-All prices listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant Sales Service Tax / Service Charge and Delivery Charges, all these will be itemize on the sales order. We also reserve the right to alter the Promotion Meals available for sale on the Website.

3.2. PAYMENT- The total price for Meals ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Meals delivered. Payment has to be made in cash or, by online payment (e.g. credit, debit card or bank transfer)


3.3 VOUCHER, POINTS and REWARDS- Users who registered on our Website 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 redeem points to or make payment by Voucher or to make payment / transfer the outstanding balance. In accordance with these Terms and O’Briens Policies including the O’Briens Voucher and Points/Your Rewards Terms and Conditions located at O’Briens Website or which will allow the User to use a Device to make payment by credit card in accordance with these Terms and the O’Briens Policies (“Online Payment”). O’Briens reserves the right at any time to discontinue any or all of the functions of Online Payment.

3.4 QR CODE- You may only use the QR code or code generated from your Device to make a payment. O’Brien’s reserves the right to reject any QR code or code presented in any other forms such as screenshots, printed or images generated through any other mediums. O’Briens shall not be liable to verify the identity or authenticity of any Device holder. All transactions carried out from your O’Briens account through a Device shall be deemed to be valid and authorized by you.

3.5 NON TRANSFERABLE- Please note, “Your Points”, “Your Voucher”, and “Your Rewards” are non-transferable, all these shall be redeemed by you from your Loyalty account. However, after you have redeemed your Voucher from your Loyalty Account, your Voucher can be given to anyone as a “Gift” e.g. to relatives, friends & etc. This is ONLY applicable for Voucher. Points, Voucher and Rewards are only valid for use in O’Briens stores in Malaysia. We reserve the right not to accept any of these if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

3.6 REDEMPTION- Point, Voucher, and Rewards cannot be exchanged for CASH or and all benefits are valid only within their stipulated periods. There is no reversal or refund of any activation or credit loads into your Loyalty account. All redemption is not applicable to O’Briens Airport stores (5 stores)

3.7 Complaint -We reserve the right to correct the Balance Points of your Loyalty 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 Loyalty Account, please contact our Customer Care Team by phone at 1300-30-3000 from 8 am-5 pm, Monday-Friday 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 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 closely.

 

4. TIER, POINTS, VOUCHER & REWARDS

• Tier 1- Once you have registered your Loyalty account on our Website you are at Tier 1.
“Freshie”- To purchase either online or any of our stores with any minimum amount
1x point collection= RM 1.00 = RM 0.01 points


• Tier 2
“Hearty”- to purchase RM 50 and above either online or any of our stores

• Spend RM 1.00 collect 3 x points= RM 0.03 cents
• Birthday Treats: a slice of Cake
• Monday: All foods & drinks before 3 pm with 10% Discounts. After 3pm 30% Discount for Sandwiches, Coffee & Juices. Offers are applicable only for dine-in Customers
• Tuesday-Sunday: before 7 pm all foods & drinks with 10% discount after 7 pm 20% Discount. Offers are applicable only for dine-in Customers

• Tier 3
“Healthy” to purchase RM 600 and above either online or any of our stores

• To maintain in this tier; minimum you need to spend RM 200 or an accumulation of RM 600 in 3 months otherwise, you will return back to Tier 2
• Spend RM 1.00 collect 4 x points=RM 0.04 cents
• Monday: All foods & drinks before 3 pm with 10% Discounts. After 3pm 30% Discount for Sandwiches, Coffee & Juices. Offers are applicable only for dine-in Customers
• Tuesday-Sunday: before 7 pm all foods & drinks with 10% discount after 7 pm 20% Discount. Offers are applicable only for dine-in Customers
• Birthday treats on O’Briens- a Meal + a slice of Cake
• To maintain in “Healthy” every 3 months you will receive a complimentary Cash Voucher RM 20, each Voucher can be used for ONE time purchase

• Tier 4
“Wholesome” to purchase RM 1,800 and above either online or any of our stores

• To maintain in this tier minimum you need to spend RM 1,800 or an accumulation of RM 1,800 in 3 months otherwise, you will return back to Tier 3
• Spend RM 1.00 collect 4 x points=RM 0.04 cents
• Monday: All Sandwiches, Coffee & Juices before 3 pm 10% Discounts, after 3 pm 30% Discount. Offers are applicable only for dine-in Customers
• Tuesday-Sunday: All Sandwiches, Coffee & Juices before 7 pm 10% Discount after 7 pm 20% Discount. Offers are applicable only for dine-in Customers.
• Birthday treats on O’Briens- complimentary of 1 KG cake, please provide us with 7 days in advance notice
• To maintain in “Wholesome” every 3 months you will receive a complimentary Cash Voucher RM 60, each Voucher can be used for ONE time purchase

For customer who ordered one time only or less frequent, all accumulated points shall be expired and reset to zero if there are unused for 3 years

 

IMPORTANT LEGAL TERMS
Apple and Google Terms and Conditions; O’Briens 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 O’Briens policies (“O’Briens Policies”), including the terms of use for the O’Briens Website and the Loyalty Program, posted at www.obriens.com.my (“O’Briens Website”). If any of the provisions of the Apple Terms, Google Terms or any applicable O’Briens 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, O’Briens 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, QR codes, 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.

User Information- Some functionality of the Application, including Online Payment, 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 Loyalty Customer or GPS location (“User Information”). If the User uses such Application functionality, the User consents to the transmission of User Information to O’Briens, its agents and/or service providers and authorizes O’Briens, 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 O’Briens Privacy Policy located at O’Briens 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 Loyalty account registered in the Use whether authorized or unauthorized. The User agrees to immediately notify O’Briens of any unauthorized transactions associated with the Application including Online Payment or any other breach of security. O’Briens 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 O’Briens Policies. In no event may the Application be used in a manner that:
(i) 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);
(ii) is unlawful, fraudulent or deceptive;
(iii) uses technology or other means to access the Application, O’Briens Website or Content that is not authorized by O’Briens;
(iv) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Application, O’Briens Website or Content;
(v) 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;
(vi) attempts to gain unauthorized access to O’Briens computer network or user accounts;
(vii) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

(viii) violates these Terms;
• attempts to damage, disable, overburden, or impair O’Briens servers or networks;
• Or fails to comply with applicable third party terms (collectively “Acceptable Use”). O’Briens 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 O’Briens reasonably believes is or might be in violation of these terms of Acceptable Use or O’Briens Policies including the Loyalty Program Terms and Conditions, but O’Briens failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Indemnification-At O’Briens request, the User agrees to defend, indemnify, and hold harmless O’Briens, O’Briens 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. O’Briens 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, O’Briens, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

LIMITATION OF LIABILITY

i) Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot assure that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

ii) By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages.

iii) We disclaim any and all liability to you for the supply of Meals to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Meals. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

iv) We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.

v) We shall not be held liable for any failure or delay in delivering Meals where such failure or delay arises as a result of an event of Force Majeure.

vi) The Meals delivered by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.

vii) In the event O’Briens has a reasonable belief that if there is an abuse of vouchers and/ QR codes/ rewards or points in suspected instances of fraud, O’Briens may cause the customer to be blocked immediately and reserves the right to refuse future services. Additionally, should there be an abuse of vouchers or discount codes, O’Briens reserves the right to seek compensation from any and all violators.

viii) Offers are subject to O’Briens discretion and may be withdrawn at any time and without notice.

 

CANCELLATION
You have the right to cancel your order within five minutes after your order is placed on Website. After this point, we would have started to prepare the food and therefore no refunds would be possible. For the avoidance of doubt, timing will be assessed based on the point you place your order. In the event of a cash-on-delivery order, your order will be delivered as instructed and cash must be collected by rider.

 

Marks, Application and Content
“O’Briens”, “O’Briens Irish Sandwich Cafe”, the O’Briens logo, and other O’Briens trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of O’Briens. 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 O’Briens Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of O’Briens 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 O’Briens or the owner of the Content.
GENERAL
i) All prices are included SST / Service Charge and Delivery Charges where indicated.

ii) Each time you use the Websites, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the Websites. By using and/or browsing this Website, you agree to this Terms & Conditions, the Legal Statement and all applicable laws governing its use. Be sure to check this page periodically for updates, as your continued use of this Website signifies your acceptance of any changed terms. O’Briens reserves the right to revise this Terms & Conditions at any time, if we make material changes, we will post the updated Statement on this page and change the date at the top of this Statement webpage. You are advised to review updates and changes to this Statement by checking this date when you access our Websites, changes to this Terms & Conditions are effective when they are posted on this page.

iii) By using this website, you agree not to collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.

iv) The T&Cs together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these T&Cs and any other term or provision on the Website, these T&Cs shall prevail.

v) If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term/condition.

vi) This Agreement shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia

 

Enquiries or Questions

If you have any questions regarding this O’Briens Loyalty Account Terms of Use and Agreement, please email our Customer Care Team at info@obriens.com.my or call 1300-30-3000 from 8 am – 5 pm Monday - Friday

By mail:
O’Briens Irish Sandwich Café
No. 2A-3, Jalan Metro Pudu 2,
Fraser Business Park,
55100. Kuala Lumpur

© 2019 O'Briens Irish Sandwich Cafe. All Rights Reserved.