Coke Buddy Terms And Conditions
(effective as of 13th September 2023)
1. PARTIES, TERMS AND CONDITIONS GOVERNING THE USE OF THE PLATFORM AND ACCEPTANCE THEREOF
1.1 This document describes the terms and conditions (hereinafter, the "Terms and Conditions") that govern the use of and access to the Coke Buddy platform which includes the Coke Buddy website and Coke Buddy mobile application (hereinafter, collectively referred to as "Platform") by the Stores and Suppliers (“Users” or “you” or “your”) as defined below who have validly registered as users of the Platform.
1.3 To use the Platform, the Users must have a device with internet access. For the Platform to work, your device must be connected to the Internet. The Users will be responsible for the availability and cost of the Internet connection on the device on which you use the Platform. The Platform will not be available if your device is not connected to the Internet for any reason.
1.4 For Users who have valid and existing agreements with Coca‑Cola Refreshments Malaysia Sdn. Bhd. (“CCRM” or “Operator") you will, at the same time, continue to be subject to and bound by your agreement with CCRM for the purchase and sale of products from CCRM. In the event of conflict between the terms and conditions in this Platform and those in your agreement with CCRM, the latter will prevail.
1.5 All sales and transactions done on the Platform are to be fulfilled by CCRM or its Suppliers in accordance with the terms of the separate distribution and/or sales agreements between CCRM and such Suppliers. The Supplier shall be solely responsible for delivering the products ordered by the Stores and will provide details of its delivery services to the Store. Neither the Platform, TCCC (as IP owner), or CCRM will be responsible or liable for arranging such delivery. CCRM does not determine or interfere with the prices, delivery times, payment conditions or compliance with the obligations of the Suppliers and Stores. Transactions on the Platform are arranged directly between Suppliers and Stores.
1.6 CCRM may, at any time, temporarily suspend the participation of any User if the User is found to have no legal capacity to use the Platform, does not have a signed valid agreement with CCRM or it provides information that is false, inaccurate , fraudulent when registering, or engages in fraudulent or unethical transactions or in any other circumstances as provided under these Terms and Conditions.
2.1 A "Store" is a natural or legal person/entity who operates a business that registers and uses the Platform to place orders and be supplied with the products made available by the Suppliers on the Platform.
2.2 A "Supplier" is a natural or legal person/entity that acts as distributor or wholesaler of the products available on the Platform.
3. OWNERSHIP OF THE PLATFORM, TRADEMARKS AND COPYRIGHTS
3.1 The Coca‑Cola Company (“TCCC”) with address at Coca‑Cola Plaza Northwest Atlanta, GA 30313 United States, is the owner of the Platform and all the intellectual property rights in the Platform (“IP”) and has authorized CCRM to utilize and operate the Platform for the sale and purchase of products offered by CCRM.
3.2 The User recognizes and accepts that the Platform, as well as all its contents, is a product owned by TCCC, its affiliated and/or related companies, as applicable, and is protected by patents, industrial property laws, copyright and international treaties. Likewise, you acknowledge and accept that all rights, titles and interests associated with the Platform, including associated IP rights and all improvements, modifications, revisions, derivative works, non-recurring engineering, the product of customization and integration tasks, customer opinions and suggestions, and white label applications are and will remain the sole and exclusive property of TCCC, its affiliated and/or related companies, where applicable. These Terms and Conditions and the rights granted herein do not transfer any rights over the Platform.
3.3 The graphic materials, logos, page headers, advertising phrases, written texts included in the Platform are trademarks, creations or commercial images owned by TCCC. Such trademarks, creations and commercial images shall not be used in relation to any product that may cause confusion among customers and in any way that discredits or defames TCCC or any of its affiliated and/or related companies.
3.4 No product or image shall be reproduced, duplicated, copied, sold, resold, visited or exploited for any purpose, in whole or in part, without the prior written consent of TCCC and/or CCRM.
3.5 No part or parts of the Platform may be reproduced, reverse engineered, disassembled, separated, altered, decompiled, republished, displayed, broadcasted, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers or equipment without CCRM and/or TCCC’s prior written permission. The Users of the Platform shall not claim any right, title or interest therein.
4.2 For the access and use of the Platform, registration will be necessary.
4.4 User is responsible for maintaining the confidentiality of its account, username and password and agrees to assume responsibility for all activities performed on its account. TCCC and CCRM will not be responsible for the veracity, accuracy, validity and authenticity of the Personal Data entered by the User.
5. MODIFICATION OF THE PLATFORM AND/OR THESE TERMS AND CONDITIONS.
5.1 Functions or functionalities, improvements, changes or modifications to the Platform may be made at any time. The Users’ continued use of the Platform shall constitute acceptance to such improvement, change or modification.
6. PROMOTIONS AND DISCOUNTS
6.1 Promotions and/or discounts may be offered, for a limited time, which will be ruled by the terms and conditions that will be communicated on the Platform, or via email, push notifications, or any other media. CCRM reserves the right to limit the scope of its promotions and discounts as it deems necessary.
7. FEES, TAXES AND BILLING
7.1 Each Supplier will be responsible for: (a) issuing the invoices for each order made by the Stores; and (b) collecting payment from Stores, in each case in compliance with applicable tax regulations. Stores must pay the Supplier any amounts owed to them for the products and services that you have ordered in accordance with the agreed payment terms, including any applicable taxes, fees, or levies.
7.2 Products sold over the Platform are sold by Suppliers to Stores and are not sold by the Platform, TCCC, or CCRM. Suppliers are solely responsible for the collection, reporting, and payment of any and all taxes, fees, or levies in connection with any offer or sale of products or services on or through or in connection with the Platform. If any tax amounts are displayed on the Platform, they are an estimate of potential taxes that may be charged by Suppliers and are displayed on the Platform solely for informational purposes.
8. PRIVACY, SECURITY AND PROTECTION OF PERSONAL DATA POLICY
9. RESTRICTIONS OF USE.
9.1 The following restrictions will apply to the use of the Platform. Failure to comply with these restrictions will constitute a breach of these Terms and Conditions. You will abstain from:
(a) creating a browser, framework, context or Graphical User Interface (GUI) in the Platform or the website;
(b) interfering or attempting to interfere and interrupting or attempting to interrupt the operation of the Platform;
(c) interfering or attempting to interfere, violating the rights to privacy of third parties or other rights, collecting or compiling data and information about users of the Platform without their express consent, either manually or using a robot, spider, search or recovery program, or any other automatic device or automatic process to access the Platform, applications, websites, servers or databases and / or retrieving index of information and / or data extraction;
(d) impersonating or attempting to impersonate another person or entity or providing false or misleading personal information;
(e) transmitting or otherwise, making available through the Platform or in connection with them any virus, "worm", "Trojan", "time bomb", "web bug", spyware, or any computer code, file, application or program that is malicious in nature or defective, and may, or attempts to damage or hack the operation of any telecommunications hardware, software or equipment, or any other code or component that is actually or potentially harmful, detrimental or invasive;
(f) using the Platform for illegal, illicit or unauthorized purposes; and
(g) accessing the Platform to create a product or service that constitutes unfair competition.
10. INDEMNITY AND DISCLAIMER
10.1 The provision of the Platform by CCRM is only to make available a means so that Users can participate in the online purchase of products through the Platform, TCCC (being the IP owner), CCRM, their affiliates, directors, managers, employees and subcontractors shall not assume any responsibility related to the Stores, the Suppliers, the consumers, the delivery persons or any third party, including, without limitation, for: (a) any damage or loss derived from the misuse of the Platform or the lack of availability, absence or temporary or definitive closing of it; (b) the quality of the products available on the Platform.; (c) compliance by each Supplier to the quality, quantity and delivery time of the orders made by the Stores; (d) the price differences that may exist between what is published in the Platform and what is actually billed each Store by the Suppliers; (e) the processing and services relating to the means of payment available on the Platform; (f) any damage, loss or harm to the User caused by failures in the system, on the server or on the internet; (g) the lack of compliance by the Stores or the Suppliers with their contractual, legal, labor, tax, social security obligations; (h) unlawful acts or events attributable to, or suffered by, the Store, a Supplier and / or a third party using the Supplier account; (i) prices, payments, collections, breaches of the parties and claims for transactions made through the Platform; (j) the information published by Stores and Suppliers on the Platform; and (k) cases of force majeure or fortuitous event.
10.2 The Supplier and Store will indemnify and keep TCCC, CCRM, its affiliates, directors, managers, employees and subcontractors free of civil, labor, administrative, consumer and / or criminal damages and any lawsuit, action, legal, extrajudicial or any other claim associated with them, from users, employees, delivery persons, as well as third parties in general that are related in some way to the Supplier or Store (including, without limitation, the possible legal costs and court costs, fees and reasonable expenses actually incurred, legal advice and other agents and advisors appointed for this purpose), including, but not limited to, breach of these Terms and Conditions and the assumptions indicated in sections (a), (b), (c), (d), (g), (h), (i) and (j) of the previous paragraph.
11. LIMITATION OF LIABILITY
11.1 To the fullest extent permissible under applicable law, CCRM and/or TCCC (as IP owner) is not liable to the User whether in contract, extra-contractually, or otherwise, for any damages, losses, costs, expenses or consequences for: (i) any profit, business, revenue or anticipated savings’ loss; (ii) the use of, or the inability to use, the Platform or the services provided by Operator, including, without limitation, any information or data made available through the Platform; or (iii) for any loss or corruption of data, or for reputational or image losses.
11.2 The Platform and all data and/or information contained therein are provided on an “as is” and “as available” basis without any warranties, representation or claims from CCRM of any kind (expressed, implied or statutory) with respect to the Platform, including, without limitation, warranties of satisfactory quality or fitness for a particular purpose, merchantability or of non-infringement of third-party rights, or title.
11.3 Without limiting the foregoing, CCRM does not warrant that the Platform or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server on which the Platform is hosted are free of viruses, worms, trojan horses, clocks, timers, counters, software locks, drop dead devices, routings, trap doors, time bombs or any other codes, instructions, programs, components which may be harmful.
11.4 To the fullest extent permissible under applicable law, the maximum liability of CCRM and/or TCCC (as IP owner) for all claims (whether in contract or extra-contractually) of every kind arising out of the Agreement will not exceed the greater of (i) the amount paid by Customer in the 12 months prior to the claim arising; and (ii) one hundred dollars ($100).
12. TERM AND TERMINATION
12.1 These Terms and Conditions will apply to you as soon as you click on the “ACCEPT” button, and / or install, access or use the Platform, and they will remain in effect until they are cancelled. The Terms and Conditions and the use of the Platform will end when your account is terminated or at the time CCRM so determines, without any right to claim for compensation in favor of the User.
12.2 CCRM reserves the right to cease all or part of the Platform operability, as well as to terminate this agreement and to terminate the account and access to the Platform of a User if it fails to comply with these Terms and Conditions or if it ceases to have a valid agreement with CCRM. The User shall not have any right to claim compensation or payment if the account is terminated by CCRM.
13. APPLICABLE LAW AND JURISDICTION
13.1 These Terms and Conditions are governed by the laws of Malaysia. The parties agree that any dispute will be submitted to the jurisdiction of the Courts of Malaysia.
14.1 All notifications under these Terms and Conditions will be sent to the email address you provided when subscribing to the Platform. Any questions that the Suppliers may have in relation to the Terms and Conditions may be sent to their normal contact person in CCRM.