Introduction

Please read these Terms of Use carefully. These Terms of Use (“Terms”) govern your use of the Komugi Malaysia website (www.komugi.com.my), HAP&PI Frozen Yogurt website (www.happifroyo.com.my) and mobile application (Treats Time Mobile Application) provided by Multiple Reward Sdn Bhd (or referred to as “us”, “we”,”our”) (collectively the “Service”) and any other websites or/and applications associated with Multiple Reward Sdn Bhd brands or products that direct the viewer or user to this Terms.

By using the Service, you agree that you have read and understood the Terms including any additional terms and conditions and any policies referenced herein, available on the websites and mobile applications or available by hyperlink. Websites that are owned and operated by Multiple Reward Sdn Bhd may contain links to websites that are owned and operated by third-party providers. This Terms does not apply to websites and services that are owned and operated by third-party providers.

These Terms constitute a legally binding agreement (“Agreement”) between you and Multiple Reward Sdn Bhd. The Agreement applies to your use of the Service provided by Multiple Reward Sdn Bhd. If you do not agree to the Terms, please do not use or continue using the Service.

Multiple Reward Sdn Bhd reserves the right to amend these Terms in this Agreement at any time. Such amendments shall be effective once they are posted on www.komugi.com.my, www.happifroyo.com.my (“Website”) or/and the Treats Time Mobile Application (“Application”). You are strongly recommended to review the Terms from time to time. You will be deemed to have agreed the amended terms, by continuing your usage of the Website, Application or the Service.

Definitions

In these Terms of Use, the following words shall have the meanings as described below:

“Komugi Malaysia” means Multiple Reward Sdn Bhd in relation to Komugi Bakery, Komugi Deli and Komugi Café.

“HAP&PI Frozen Yogurt” means Multiple Reward Sdn Bhd in relation to HAP&PI Frozen Yogurt.

‘Outlets” means the Komugi Malaysia and HAP&PI Frozen Yogurt stores operating under the company name of Multiple Reward Sdn Bhd.

“Service” means Komugi Malaysia website, HAP&PI Frozen Yogurt website and Treats Time Membership Mobile Application.

“Service Fee” means the payment made in exchange for the Service provided by Multiple Reward Sdn Bhd.

“Website” means www.komugi.com.my or/and www.happifroyo.com.my.

“Application” means Treats Time Mobile Application available in Apple App Store and Google Play Store.

“Your Device” means any computer, tablet, smartphone or/and other devices you are using to access our Komugi Malaysia website, HAP&PI Frozen Yogurt website or to operate Treats Time Membership Mobile Application.

“Customer” means the user of Komugi Malaysia website, HAP&PI Frozen Yogurt website and Treats Time Mobile Application.

“User” means the person who uses Komugi Malaysia website, HAP&PI Frozen Yogurt website and Treats Time Mobile Application.

“Wallet” means Treats Time Mobile Application credit wallet.

“Membership” means Treats Time Mobile Application membership.

“Loyalty Points” means Treats Time Mobile Application membership points.

“Voucher” means Treats Time Mobile Application membership voucher.

“Points Redemption” means Treats Time Mobile Application membership points redemption.

"Business Day" means weekdays excluding Saturdays, Sundays and public holidays.

”Order Confirmation" means an acknowledgment message from Multiple Reward Sdn Bhd on your order made.

"Order" means the Order submitted by you to us to purchase the Product.

“Product” means any item sold by Multiple Reward Sdn Bhd with the brand name of Komugi or/and HAP&PI Frozen Yogurt.

“Third Party Provider” means our partners that complete the Service on behalf of Multiple Reward Sdn Bhd including but not limited to delivery, cart checkout, mobile application development and website maintenance.

“Account” means customers’ accounts signed up in Komugi Malaysia website, HAP&PI Frozen Yogurt website or/and Treats Time Mobile Application.

Representations, Warranties and Undertakings

By using the Service, you represent, warrant / undertake that:

• You are at least eighteen (18) years old;

• All the information which you provide shall be true and accurate;

• You will only use the Service for your intended and lawful purposes;

• You will keep your account password or any identification that allows access to the Service secure and confidential;

• You agree to immediately notify us of any unauthorized use of your account or any other breach of security;

• You will not try to interrupt or harm the Service in any way;

• You will not try to extract the source code of the Application and Website, and to translate the Application and Website into other languages, or make derivative versions;

• You will not authorize others to use your identity or/and user status, and you may not assign or otherwise transfer your user account to any other person or entity;

• You will provide us with whatever proof of identity or/and any other documents, permits, licenses or approvals which we may reasonably request or require;

• When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;

• You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information promptly to keep it accurate, current and complete at all times during the term of the Agreement;

• You agree that Multiple Reward Sdn Bhd may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not updated or incomplete in any respect, Multiple Reward Sdn Bhd has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

• You agree that your use of the Service will be subject to Multiple Reward Sdn Bhd’s Privacy Policy

• You agree to assist Multiple Reward Sdn Bhd with any internal or external investigations as may be required by Multiple Reward Sdn Bhd in complying with any prevailing laws or regulations in place;

• You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Multiple Reward Sdn Bhd or any other party as a result of your breach of this Agreement;

• You will not use the Application and/or the Website to make fake orders;

• You shall not contact the Third-Party Provider for purposes other than the Service;

• Where applicable, you will not copy any content displayed through the Application or Website, including any third-party product content and reviews, for republication in any format or media, unless otherwise with written permission from Multiple Reward Sdn Bhd.

• You are aware that when requesting solutions by SMS or by using the Service, standard telecommunication charges will apply; and

Compatibility

Various types of routers, browsers and computers may have firmware or configurations that are not consistent with the Service. Although we continue to enhance the Service in order to accommodate to all widely used devices and models in markets, as well as all browsers from which the Service are likely to be accessed, we do not guarantee that the Service will work on all of them.

Operating System

The Application is available to handheld mobile devices running Apple iOS Operating Systems and Android OS. At the same time, the Website is available to devices including but not limited to computer, tablet, smartphone or/and other devices with a website browser. Multiple Reward Sdn Bhd will use reasonable efforts to make the Application and Website available at all times. However, you acknowledge the Application and Website is provided over the internet and mobile networks and so the quality and availability of the Application and Website may be affected by factors outside our control (e.g. server crash, internet outage).

Copyright And Intellectual Property

Service and Product are subject to copyright. The material on the Application and Website is protected by copyright under the laws of Malaysia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Application and Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Multiple Reward Sdn Bhd. Multiple Reward Sdn Bhd does not grant you any other rights whatsoever in relation to the Application and Website. All other rights are expressly reserved by Multiple Reward Sdn Bhd.

All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Multiple Reward Sdn Bhd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Application and Website or these Terms (including as a result of not being able to use the App or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Application and Website is at your own risk. Everything on the Application and Website is provided to you "as is" and "as for" your own personal and non-commercial use.

You shall not:

license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Website in any way;

• modify or make derivative works based on the Application and/or the Website;

• “mirror” the Application / Website on any other server or wireless or internet-based device;

• post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or

• remove any copyright, trademark or other proprietary rights notices from the Application or Website.

Payment

Treats Time Mobile Application currently only accepts payments via

1. iPay88 Online Banking and eWallet

2. iPay88 Debit/Credit card payment

3. Cash/Debit/Credi card payment physically via Multiple Reward Sdn Bhd owned outlets

All online transaction information will not be kept with Multiple Reward Sdn Bhd and it’s all processed by iPay88 secured payment gateway.

By completing the ordering or/and purchasing process, you accept that your account is debited for the total amount due at the time of the order. Bank cards accepted for online payment are those used by cardholders within the European Union zone, such as Carte bleue, Visa, Vpay, Electron, MasterCard, Maestro and American Express. Depending on the type of card, the client enters his/her card number, its expiry date and security code (composed of the three figures shown on the back of the bank card), then validates this data, or has the possibility of returning to the previous page. Payments made online by bank cards shall be carried out by way of the secured payment system of the bank. The payment request is made in real-time via the secured payment system of the bank - the bank ensures that it is a valid bank card (if no error is registered on entering the code and the card has not been stopped) and confirms registration of payment by delivering a transaction number or advises that the transaction has been refused (as the case may be). After payment has been validated by the banking organization, the order or/and purchase is accepted by Multiple Reward Sdn Bhd who confirms acceptance of the order/and purchase to the customer by but not limited to email. The customer undertakes to personally use the bank card of which he/she is the registered holder. In the event of fraudulent use, the vendor cannot be held liable. In the absence of payment by the bank, or a refusal by the banking centres to make payment, the order shall be automatically canceled and the client will be informed by but not limited to email or WhatsApp. The Product remains the property of Multiple Reward Sdn Bhd until it receives full payment of the price.

You are required to make full payment for the Service and/or Product offered at the time of checking out by the selected method of payment. Refund is not applicable unless the occurrence of circumstances is stated in the Cancellation and Refund Policy.

You will be responsible for the security of the Wallet and Account and shall take all steps towards ensuring the safekeeping thereof. The customer shall not disclose his/her password to anyone verbally or in writing. Payment QR in the customer's Wallet shall not be shared to any third-party.

You will be liable for all charges incurred in the Wallet. You shall, immediately inform Multiple Reward Sdn Bhd support team of the occurrence of any fraud, hacking or unauthorized use of the Application or/and Website. After due investigation, Multiple Reward Sdn Bhd reserve the right to suspend or deactivate your Wallet or/and Account. However, Multiple Reward Sdn Bhd shall not be liable for any such unauthorized usage or access of the Wallet or/and Account and it shall be solely the customer’s responsibility to ensure privacy and confidentiality of Wallet or/and Account details.

By using the Service provided you agree and acknowledge that you are solely responsible for any information that you submitted in Service or transmit to our team and/or other users of the Wallet or/and Account.

You may reload credit into your Wallet to proceed enjoying the in-app service provided by Multiple Reward Sdn Bhd. Credits available in the Wallet are not redeemable for cash and are not refundable. Reselling, exchanging or transferring of the credits are not applicable under any circumstances.

Multiple Reward Sdn Bhd reserves the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold Multiple Reward Sdn Bhd liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

Multiple Reward Sdn Bhd may, at its sole discretion, make promotional offers with different features and different rates on the Application and Website to any of the Users whereby these promotional offers shall accordingly be honoured by you. Multiple Reward Sdn Bhd may change the Service Fee at any time at its sole discretion.

Treats Time Mobile Application Loyalty Program Terms and Conditions

If you are the new User of Treats Time Mobile Application, an activation Service Fee may be applicable in order to activate your membership account with Multiple Reward Sdn Bhd. Activation Service Fee payment is needed to be made at any of our Outlets. Once activated, you will automatically become a member of our loyalty programme named, “Treats Time Membership Program”. Treats Time Membership Program is applicable to Service provided within the Application and Outlets only and is not applicable to the Service on Website, delivery service or any other platforms, unless otherwise stated.

One (1) Point for every RM1.00 spent on eligible purchases after coupon/discount/promotion saving in a single transaction using Treats Time Mobile Application. 

Points earning are strictly from cash, credit card, debit card or wallet credit payment and only applicable for the nett payment value. All other ongoing vouchers, promotions, discounts, privileges or offers are not eligible for points earning.

For every collection of 500 Points and above, you will get to redeem rewards which you can refer to the Redemption List/ Menu in Treats Time Mobile Application. However, customer can choose to proceed further and continue to earn more Points to redeem for more Rewards.

You agree to defend, indemnify and hold harmless to Treats Time Mobile Application Loyalty Points Collection Reward Affiliates from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys’ and professionals’ fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under Treats Time Mobile Application usage.

Multiple Reward Sdn Bhd may, at its descretion, suspend or terminate any Customer’s access to any or all of the Services, including password and account, at any time without prior notice if in the Company’s sole and absolute opinion, customer is in breach of any of the Terms of Use. If such termination occurs due to breach of this Terms of Use by customer, customer will not be entitled to any refund, rewards upon your account of termination.

Personal information and details submitted upon registration and activation of Treats Time Mobile Applciation is deemed to be current, true and in accordance with the terms stated in “Representations, Warranties and Undertakings”. In reasonable circumstances when you request to change or amend your submitted personal information and details, Multiple Reward Sdn Bhd has the right to request further submission of supporting legal and/or identification documents for verification purposes.

Complaints

• Any complaints arising from using the Services, you may get in touch with us through:

• Drop us a messenger inbox message to our Facebook page https://www.facebook.com/KomugiMalaysia.

• Drop us an Instagram message to our Instagram account @komugi_my.

• Email to customerservice@komugi.com.my.

Notice

Multiple Reward Sdn Bhd may provide notice through the Treats Time Mobile Application, via Short Message Service (SMS) to your phone number in our records, electronic mail (e-mail) to your email address in our records, or by written communication sent by registered mail or pre-paid post to your address in our records. Such notice will be considered given 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by SMS or email). You may give notice to Multiple Reward Sdn Bhd (such notice will be deemed given when received by us) by letter sent by courier or registered e-mail using the contact details provided in the Treats Time Mobile App.

Limitation of Liability

Multiple Reward Sdn Bhd  shall have no liability under this Agreement except as expressly provided in this Agreement.

Relationship

Nothing in these Terms of Service shall be interpreted as establishing any agency, partnership, or other type of joint venture with Multiple Reward Sdn Bhd.

Severability

If any provision of these Terms of Service is found to be invalid or unenforceable, the legality, validity, and enforceability of the remaining provisions will remain unaffected and intact.

No Waiver

The failure of Multiple Reward Sdn Bhd to enforce any right or provision in these Terms of Service shall not be considered a waiver of that right or provision.

Entire Agreement

This Agreement constitutes the entire agreement between you and Multiple Reward Sdn Bhd and overrides any prior or contemporaneous negotiations or discussions.

Suspension and Termination; Modification of Service Content

You agree that we may take any of the following actions, at any time and without prior notice: (i) modify, suspend, or terminate operation of or access to the Service, or any part thereof (including access to your Account and/or the availability of any products or services), for any reason; (ii) modify or change any applicable policies or terms; and (iii) interrupt the operation of the Service or any part thereof (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We are not obligated to compensate you for any suspension or termination.

In addition, we may, without prejudice to any other provisions, vary, modify, or remove Service Content without notice (including, but not limited to, information regarding the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges, and transit time). If any Service Content contains typographical errors, inaccuracies, omissions, or otherwise violates Multiple Reward Sdn Bhd's policies, we reserve the right (but are not obliged, except where mandated by applicable laws) to take appropriate measures (collectively, "Rectification Measures"), including, but not limited to: (i) correcting errors, inaccuracies, or omissions; (ii) changing or updating information; and/or (iii) where applicable, cancelling affected orders at any time without prior notice (including, but not limited to, after an order has been submitted).

Should you wish to terminate your Account with us, Notice must be given via e-mail to customerservice@komugi.com.my. The notice shall be given in written form, and we will proceed to unlink/deactivate your Account from our system within THREE (3) working days upon receiving the complete customer information including name, mobile number, membership number and/or email. Any remaining credits or vouchers in the account shall be forfeited upon receiving the request from the customer.

No Third-Party Rights or Assignment

This agreement does not confer rights to any third parties who are not parties to this Agreement.

Governing Law

These Terms of Use are governed by the laws of Malaysia. Any disputes arising from or related to the use of the Services will be subject to the exclusive jurisdiction of the courts of Malaysia.

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Updated as of June 2024