Terms & Conditions

This terms and conditions was last updated on: 19th November 2019

Please read the terms and conditions (″Terms and Conditions″) set out below carefully before using caveman.my website (″Website″) and CAVEMAN COFFEE mobile application (″App″) operated by La Caffa Kingdom Sdn Bhd (″us, ″we″ or ″our″). By accessing to, downloading, installing or use of, the Website or the App, and your ordering via the Website or the App, you agree to be bound by these Terms and Conditions.

You may order drinks or such other products available at the Website or the App, and we will do our utmost best to make deliveries on the specified time and date you select delivered to your home or office. Orders must be received before the specified cut-off time for that given product which will be shown as you proceed through the ordering process. You shall review your order carefully before placing it, we shall not be held responsible for any failure to do so or changes after the order is made to the time, delivery address or items.

We may however, in our sole discretion, choose to not process or to cancel your orders in certain circumstances. This may occur, for example, when the drinks or products you wish to order is no longer available, out of coverage for delivery, or in other unforeseen circumstances such as operational outages. We will not charge you in these cases or refund the charges for orders that we do not process or cancel.

To serve you better, we have made available add-on items such as drinks and other sides etc on the Website and the App produced by third party partners which we believe are of good quality, we shall however not be held liable for the quality of or any issues associated with such add-on items produced by third party.

While we endeavour to provide accurate description of the products and/or services offered on the Website and the App, we do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, reliability or suitability of the information and materials found or offered on the Website or the App, and the pictures shown are for illustration purpose only.

You acknowledge that such information and materials are provided on ″as is″ and ″if available″ basis, and may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information and materials found or offered on the Website or the App generally.

In the event of unavailability of certain ingredients, we will replace with similar ingredients while preserving the quality of the meals without update. While we attempt to identify ingredients that may cause allergic reactions for those with food allergies, we however do not make representation on the same and there is always a risk of contamination. If you are concerned with food allergies, please be aware of the said risk and that we may prepare food and use ingredients that contain nuts, fruits, dairy, milk, coffee bean and syrups.

We endeavour to ensure and maintain a high quality and hygiene of the drinks prepared for you, if however in the unlikely event that you found the drinks delivered are not in good condition or contained items that do not belong therein, please do not consume the said drinks but to contact us for a refund. We reserve the right to issue such full and partial refunds and any additional compensation in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery. We may request a photograph or other documentation showing the problem if it is something that can be seen by inspecting the Items. Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and other information.

Please refer to our delivery information page for the delivery area covered and we may engage third party service provider to ensure delivery of the order within the time slot selected. Whilst we aim to ensure the service level of such third party service provider, we are not able to warrant their conduct or behaviour and shall not be held responsible for any omissions or misconduct caused by such third party service provider.

Your order will be delivered at the timeslot selected and we endeavour to meet the said delivery time slot however it may be occasionally delayed due to traffic flow, weather conditions, unforeseen incidences or force majeure event, and we shall not be held liable for failure to deliver.

If it is in our view that the delivery of your order is likely to be substantially delayed, we will contact you to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and we will refund you the cost of such order or credit the cost of such order to your account balance which can be applied to your next order, at your option. The processing of the refund may take up to twenty (20) working days.

You are responsible to be available at the time of delivery and ensure adequate arrangement is made. All risk in the products shall pass to you upon delivery. In any event where we are unable to reach you, we will attempt to contact you at the phone number given and the driver is unable to find a safe location to leave the drink and if you are still unreachable, the order shall be deemed delivered and you will be liable for its payment in full as if you had received the order.

We shall not be held responsible for your failure to provide adequate access, information or arrangements for delivery. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been despatched you will also be charged for delivery.

To ensure the highest quality of the meal served, it is highly recommended that all meals should be consumed immediately after delivery.

All prices are in Malaysian Ringgit (MYR) unless otherwise stated. The prices are correct as shown on the Website and the App, and are inclusive of applicable tax and delivery charges unless the delivery address is not within the delivery area or minimum order/basket size requirement shall apply. We reserve the right to review the prices from time to time. Payment can be made online (via FPX bank transfer, CIMB Clicks, Maybank2U, RHB, Boost, Touch n’ go, Grabpay, debit or credit card payment).

We may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 30 minutes of creating the basket. Payment may also be made by using vouchers or account credit. Use of these is subject to CAVEMAN COFFEE’s Voucher and Account Credit Terms.

Orders are considered final as soon as they are placed and modification/cancellation is generally not permitted. That said, we do make exceptions on a case-by-case basis and please inform us at least 30 minutes in advance. In the event of cancellation, we may credit the cost of such order to your account balance which can be applied to your next order. We are not liable or responsible for the time of an outside delays in outside payment gateway to charge or refund you or if your bank account/credit card has been used in a fraudulent manner.

You may cancel an order without charge at any time before we have confirmed your order (a “Confirmed Order”) or received a confirmation email. If you wish to cancel an order before it becomes a Confirmed Order, please contact us immediately, via our Application or website. If we have not confirmed your order, we will refund your payment (excluding any discount, or Voucher that was applied to the order – see Voucher and Account Credit Terms for more detail). If you cancel any order after it becomes a Confirmed Order, you will be charged the full price for the Items, and if the driver has been despatched you will also be charged for delivery.

We may notify you that an order has been cancelled or if an item because unavailable at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.

When ordering through the Website or the App, you are required to provide certain information or to register for an account, and information required includes your name, email address, credit card number, phone number and delivery address. You warrant that you have the legal capacity to use and to order through the Website or the App. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected]. We reserve the right to terminate or suspend your account at anytime if we believe there is unusual activity on it.

We shall take all commercially reasonable measures in securing your orders and personal details, and will ensure that said details are retained only as long as necessary for the transaction and for the provision of the products and services to you. However, in the absence of fault on our part, we shall not be held liable for any loss that you may suffer in the event unauthorized access by third party to any data provided when accessing or ordering from the Website or the App unless we have been proved to be negligent in securing the information provided.

You authorize us to use, store or otherwise process your personal information in order to provide the delivery of the order to you and for marketing and credit control purposes (″Purpose″), including but not limited to calling the provided number for promotional purposes. The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the delivery of the order to you.

By using or ordering via the Website or the App, you acknowledge and agree that the use of the Website or the App is at your own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use the Website or the App, or any application or material on any site linked to this Website or the App (including but not limited to any viruses, bugs or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of the Website or the App by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.

We disclaim any and all liability to you for the supply of the delivery and products to the fullest extent permissible under applicable laws unless the loss or damage is due to our willful misconduct, or gross negligence. This however shall not affect your statutory rights as a consumer under applicable laws. In the event that we are found liable for any loss or damage, such liability is limited to the amount that you have paid for the relevant products. We shall not be liable for any consequential, indirect or special damage, howsoever arising.

In the event of reasonable belief that there exists an abuse of promotional event and/or suspects instances of fraud, we may cause the suspected user to be blocked immediately and reserves the right to refuse future services. Additionally, should there exist an abuse of vouchers or discount codes, we reserves the right to seek compensation or damages from any and all violators. Any promotions or offers are subject to our sole discretion and may be withdrawn at any time and without prior notice.

The Website or the App may include content, information or links to third parties or third party sites. We shall not be held responsible for the content of any such sites or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at your own risk and we make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Website or the App. You agree to hold harmless and relieve us from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.

You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of the Website or the App, or as a result of violation of this Terms and Conditions by you or through use of your account.

All intellectual property rights in connection with the Website and the App (including but not limited to, the recipe, design, layout, look, text, appearance and graphics) are owned by us and must not be reproduced without our prior written consent. You may for your own personal use, to print and download the materials or bookmark or share links directing others to the content on the Website and the App, provided that you do not modify, reproduce or republish any content either online or offline, without our consent.

You are not allowed to use or launch any automated system or program in connection with our Website or the App or its online ordering functionality. You may not collect or harvest any personally identifiable information from the Website or the App, use communication systems provided by the Website or the App for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website or the App with respect to their submission to the Website or the App, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website or the App.

The Terms and Conditions 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 Terms and Conditions and any other term or provision on the Website or the App, these Terms and Conditions shall prevail.

We reserve the right at our sole discretion to vary, modify and make changes to these Terms and Conditions from time to time, and any such variations shall become effective once posted on the Website and the App. You agree that the continued use of the Website or the App indicates your acceptance of the modified Terms and Conditions.

If any provision of these Terms and Conditions shall be deemed invalid, illegal or unenforceable, such provision shall be deemed deleted without affecting or impairing the remainder of the Terms and Conditions which shall continue to be in force.

We may subcontract any part or parts of the services or products that we provide to you from time to time and we may assign or change any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

These Terms and Conditions 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. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

We process your personal data in accordance with our Privacy Policy which can be found here.

The CAVEMAN COFFEE Referral Program (″The Program″) allows Members to earn promotional coupon credits (“Credits″) toward future drinks purchases by referring friends to become new CAVEMAN COFFEE customers.

To participate, Members must agree to these terms, which become part of the CAVEMAN COFFEE Terms of Service. Capitalized terms that are not defined here will have the same meaning given to them in the CAVEMAN COFFEE Terms of Service.

CAVEMAN COFFEE makes available from time to time: (i) Vouchers (which are promotional credits that may be offered by us and (ii) Account Credit (which is credit that may be applied to a customer’s account at CAVEMAN COFFEE’s discretion). Vouchers and Account Credits both operate as credits applying to a customer’s CAVEMAN COFFEE account, redeemable (subject to conditions, as set out below) against the cost of Items. Vouchers and Account Credits are referred to collectively in these terms (the Credit Terms) as Credits.

These Credit Terms apply to your use of any Credits to pay for Items using the CAVEMAN COFFEE Service. These Credit Terms apply together with the CAVEMAN COFFEE Terms and Conditions of Service, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms have priority. Capitalised words used in these Credit Terms have the same meanings as in our Terms of Service unless they are defined in these Credit Terms.