Terms and Conditions of Use
By accessing this website, merchant application, consumer application, or mobile application (collectively, the “Site”) associated with Passionate Performance Enterprise (“Work@holic”), you agree:
– to be bound by these Terms and Conditions of Use;
– you are, and shall remain, responsible for compliance with all applicable laws and regulations; and
– that if you are agreeing to be bound by these Terms and Conditions of Use on behalf of your employer or other entity, you represent and warrant to Work@holic that you have legal authority to bind that entity to these Terms and Conditions of Use.
The Site connects you with our outlets and merchants to provide you with products, goods, and services that our outlets and merchants provide. You may order food, drink, and beverages from these our outlets and merchants through the Site.
Work@holic or its our outlets and merchants may, from time to time, promote and provide you the opportunity to redeem unique promotional for discounts on products, goods, and services provided by our outlets and merchants (“Promotions”). You understand and agree that your redemption of Promotions shall be subject to the terms, conditions, and limitations set forth in conjunction with the Promotions. You understand and agree that Work@holic and its our outlets and merchants are under no obligation to provide any Promotions and that any Promotions provided may be only available for a limited time. The Promotions are subject to modification or cancellation at any time. The Promotions may be limited to a one-time use and may be limited to qualifying products, goods, or services. The Promotions are non-transferable and may not be resold. If any product, good, or service is returned, your refund will equal the amount you paid for the product, good, or service, subject to applicable refund policies. The Promotions must be redeemed at the time you place your order; Promotions may not be redeemed retroactively for prior purchases or orders. You must agree to, and abide by, these Terms and Conditions of Use in order to be eligible to use the Promotions. Promotions may not be redeemed for cash or cash equivalents.
A. Work@holic grants you permission to temporarily use the materials, information, and software on this Site (“Materials”) so long as you use the Materials as permitted by your merchant agreement or for personal, non-commercial (except for transacting via the Site) transitory viewing only. You agree and acknowledge this is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the Materials;
2. use the Materials for any commercial purpose except as permitted herein, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any Materials or the Site;
4. knowingly upload any files that contain software viruses or other harmful computer code;
5. use the Materials or the Site to send unauthorized messages including spam, to harass or engage in illegal conduct, or to induce others by means of deceit or fraud to transact via the Site;
6. interfere with the operation of Work@holic’s web servers, website, merchant application, consumer application, computers, or network connections;
7. remove any copyright or other proprietary notations from the Materials; or
8. transfer the Materials to another person or “mirror” the Materials on any other server.
B. This license shall automatically terminate if you violate any of the above restrictions or any other term or condition of this Terms and Conditions of Use policy, and Work@holic reserves the right to terminate your viewing or use of the Materials, or the use of this Site, at any time. Upon terminating your viewing and use of the Materials, or upon the termination of your license, you must delete any Materials in your possession whether in electronic or printed format. If you do not delete all Materials in your possession upon termination of this license, or upon termination of your viewing and use of the Materials, you will be in breach of this Terms and Conditions of Use policy and Work@holic may take appropriate actions, including but not limited to legal action.
The Materials and the Site consist of copyrighted works owned by Work@holic. Subject to the license granted to you and other users, Work@holic reserves all other rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Materials. Work@holic has created, owns, has licensed, or otherwise has rights to use all of the content that appears in the Materials. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Materials.
You may purchase Credit(s), in any value greater than Fifty ringgit Malaysia (RM50) into your account to be used at any Work@holic location (“Credit Funds”). The Credit(s) are valid for 1 year from date of issuance. Your Credit Funds may be eligible for certain discounts, offers and/or rewards depending on the total balance in your account and funds spent.
We collect data necessary to process your payment such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by a secure third-party payment gateway. We do not store your payment information, and we only share that information with our secure third-party payment gateway in order to process the payments or refunds required for your account. Work@holic cannot guarantee the accuracy of payment information, which is the responsibility of the parties, and cannot be responsible for delay or interruption of payments due to inaccurate information. When you provide payment information to the Site, you consent to transactions initiated by you and enabled by the Site. Payment features are enabled through our secured third-party payment gateway, which may request additional payment information from time-to-time to enable certain features of the Site, which features may become unavailable if you do not provide such additional information.
6.No Refund on Credit
Once Credit(s) are purchased, they are not refundable, however, you can write in to email@example.com to request for extension one (1) month prior to the expiry to the credit. No request for expiry extension will be entertained after the expiry date of the credit.
The Materials on Work@holic’s Site are provided “as is with all faults,” without warranty of any kind, and Work@holic hereby disclaims all warranties and conditions with respect to the Materials whether expressed or implied. Work@holic hereby expressly disclaims any implied warranties or title, merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement. Work@holic does not warrant against interference with your enjoyment of the Site, the availability of content, that the functions of the Site will meet your requirements, that the Site is free of viruses or other harmful components, that the operation of the Site will be uninterrupted or error-free, that defects in the Site will be corrected, or that the functions contained in the Site will function with other websites, merchant applications, consumer applications, or mobile applications. No oral or written information or advice given by Work@holic or a Work@holic authorized representative shall create a warranty. If a jurisdiction does not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, then the above exclusion will not apply. Work@holic does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its Site, or otherwise relating to such Materials or on any websites or applications linked to this Site.
8.Limitation of Liability
To the maximum extent permitted by applicable law and regardless of whether any remedy fails of its essential purpose, in no event shall Work@holic or its agents, officers, directors, employees, successors, assigns, or affiliates be liable for personal injury, or any incidental, special, indirect, consequential, or punitive damages, whatsoever, including, without limitation, damages for loss of profits, lost time, lost savings, lost data, damaged data, inaccurate data, lost confidential or other information, or for business interruption or any other commercial damages or losses arising out of, or related to, your use or inability to use the Site, however caused, regardless of the theory of liability (tort, contract, or otherwise) and even if Work@holic has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability on implied warranties, or limitations of liability for consequential or incidental damages, so these limitations may not apply to you. In no event shall Work@holic’s total liability for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of monies paid for your access to the Site. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
By accessing this Site you hereby agree to indemnify, hold harmless, and defend Work@holic, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand, or liability, including without limitation, reasonable costs and attorneys’ fees, which arise or result from your use of the Site, your breach of this Terms and Conditions of Use policy, or your unauthorized use of the Site.
10.No Price Guarantees
The prices for food, drink, beverage, and services shown on Work@holic’s Site are those provided to Work@holic by various participating outlet and other food and service providers (the “Partners”). It is the Partners’ responsibility to provide Work@holic with up to date pricing. Work@holic encourages its Partners to keep Work@holic apprised of price changes and to honor the prices posted on Work@holic’s Site. Work@holic may put a hold on your credit card to cover any discrepancies. However, you hereby understand and agree that Work@holic is not be responsible for any price difference between prices on the Work@holic Site and the actual prices charged by Work@holic Partners.
If there are problems with your food, beverage, or drink order placed on any Work@holic Site, please inform any of our Work@holic's outlet crew or alternatively contact us at: firstname.lastname@example.org or via the "Help" function accessible via the Work@holic Site's Order History. For food, beverage, or drink that are not made to your satisfaction, we will be happy to make you another one or alternatively, depending on circumstances, refund your order either in full or partially.
12.Revisions and Errors
The Materials on the Work@holic Site may include technical, typographical, or photographic errors. Work@holic does not warrant that any of the Materials on its Site are accurate, complete, or current. Work@holic may make changes to the Materials contained on its Site at any time without notice. However, Work@holic is not obligated to update the Materials.
13.Third Party Content
You understand that the Materials and Site may feature content from third parties. Work@holic may provide links on the Materials and Site to third party websites or vendors who may advertise additional and separate services. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Work@holic makes no representation or warranty regarding any content, goods, and/or services provided by any third party even if linked to from our Materials or Site, and Work@holic will not be liable for any claim relating to any third-party content, goods, and/or services. The linked websites are not under the control of Work@holic and the linked websites may collect data or solicit personal information from you. Work@holic is not responsible for the content, business practices, or privacy policies, or for the collection, use, or disclosure of any information those websites may collect. All links to websites on the Work@holic Site do not imply Work@holic’s endorsement of the website. You assume all risk associated with the use of any linked website from the Work@holic Site.
14.Revision of Terms and Conditions of Use
Work@holic may revise these Terms and Conditions of Use for Site at any time without notice. By using this Site you hereby agree to be bound by the then current version of these Terms and Conditions of Use. You do not have the right to modify this Terms and Conditions of Use policy with Work@holic’s prior written consent.
15.Governing Law, Jurisdiction, Venue, and Attorneys’ Fees
Any action, claim, suit, dispute, or proceeding relating to Work@holic’s Site shall be governed by the laws of Malaysia without regard to its conflict of law provisions. All actions, claims, suits, disputes, or proceedings shall be brought in the federal or state courts in Malaysia. You hereby irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and state courts in Malaysia. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Malaysia and to the venue of any such action, claim, suit, dispute, or proceeding brought in any federal or state court in Malaysia. If you breach any of the terms or conditions of this Terms and Conditions of Use policy, you hereby agree to pay all reasonable attorneys’ fees incurred by Work@holic in enforcing the terms and conditions of this Terms and Conditions of Use policy. The attorneys’ fees shall be paid by you irrespective of any damages recovered or relief afforded to Work@holic.
No waiver of any term, provision, or condition of this Terms and Conditions of Use policy, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
Work@holic and its business partners may communicate with you with regard to products, promotions, and other services that may be of interest to you. This may include email or other communications. Work@holic may also solicit your opinion for market research purposes. You have the right to opt-out or unsubscribe from any marketing communications sent from us, by emailing us at email@example.com or clicking the “unsubscribe” button at the bottom of our marketing emails. Please note that you may not be able to opt-out of or unsubscribe from communications that are material to your account and are transactional.
A. Types of Information Collected
• Before or at the time of collecting Personal Information, we will identify the purposes for which information is being collected.
• We will collect Personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned The Personal Information collected is stored and managed on servers and third-party hosting services, including without limitation, Sendinblue, OneSignal, Branch.io, DigitalOcean, AWS, SendGrid, EzTexting.com, Twilio, Dynatrace, Mojohelpdesk.com, WordPress, Hubspot.
Navigational Information and UDID. If you are visiting or using the Site, we may automatically collect “Navigational Information”, such as your IP address, the date and time of the visit and how long you remained on our Site, the referral URL, the pages visited on our Site and information about the device and browser (such as, browser type and version and operating system). We may also collect visitor data through third party services such as Google Analytics and Dynatrace in order to better understand visitor behavior, demographics, locations, page views, time spent on the Site, and other metrics and analytics used to provide and improve the our services. In addition to the information we collect on our Site, we may also collect your city location, device model and version, device identifier (or “UDID”), and OS version. This information is primarily needed to maintain the security and operation of our Services, and for Our internal analytics and reporting purposes. We do not sell this information to any third-parties, vendors, partners or affiliates.
• There are areas on our website, mobile application, merchant application, or consumer application where you can share information that is unique to an individual, such as your name, phone number, email address, and credit card information (“Personal Information”). We ask for this information in order to deliver requested services and products to you, respond to your questions, or deliver a product. If you communicate with us by email or complete online forms, we may require Personal Information that personally identifies you.
Payment Information. When you sign up to use the Site, we may collect data necessary to process payments associated with a purchase or order. Payment information may include your payment instrument number (such as a credit card number), and the security code associated with Your payment instrument.
Online Identifiers. Like many businesses, we also collect information through cookies and similar technologies. We collect devices, cookie identifiers, or others such as the ones used for analytics and marketing, and other similar data. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services. To opt-out of interest-based advertising by advertisers visit http://www.aboutads.info/choices/.
Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, You may turn them off in Your device’s settings or by emailing us at firstname.lastname@example.org.
All of the above information is considered Personal Information.
• We do not knowingly solicit or collection information (including Personal Information) from anyone under 13 years of age. The use of our website, mobile application, merchant application, or consumer application by anyone under 13 years of age is prohibited. We ask that anyone under 13 years of age not submit information to us. Parents can contact us to access, change, or delete the Personal Information that has been submitted by a child.
B. Use of Personal Information Collected
• We will collect and use Personal Information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain your consent or as otherwise required by law.
• We may use Personal Information you provide to customize your experience on our Site.
• We will only retain Personal Information as long as necessary for the fulfillment of those purposes.
• We will protect Personal Information by taking reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.
• We may share your Personal Information to affiliates and trusted business partners with which we partner.
• We will readily make available to customers information about our policies and practices relating to the management of Personal Information.
C. When will information be shared?
b. Service Providers and Affiliates.
ii. We and our affiliated entities may share information with third-party data controllers, law enforcement agencies and potential transaction partners where we and our affiliated entities have a legal basis to do so.
c. By Law or Protected Right.
i. We may disclose part or all Personal Information collected through the Site, if (1) required by law; (2) if we believe that disclosure is necessary to comply with the law; (3) to enforce our intellectual property rights; (4) to protect the rights, property or safety of us and our employees or agents; and (5) if necessary to defend against third-party claims. We may also disclose Personal Information collected on the Site when requested to comply with a court order, investigation, subpoena or governmental request. We will notify you of such use, either by a notification on the Site or by email to you.
d. Business Transfers.
e. Vendors, Consultants and Third-Party Service Providers.
E. Third-party Privacy Policies
• Our Site may contain links to other websites, mobile applications, merchant applications, or consumer applications. We do not have control over the use of such other websites, mobile applications, merchant applications, or consumer applications and you should exercise caution when deciding to disclose Personal Information on these other websites, mobile applications, merchant applications, or consumer applications. We are not responsible for the privacy policies, practices, or other content of other websites, mobile applications, merchant applications, or consumer applications.
H. Who will your information be shared with?
We may share and disclose your Personal Information with the following third parties, vendors, contractors and affiliates solely for the purposes of providing and improving the Site.
a. We use a secure third-party payment gateway. Further we do not store your payment information.
b. Communication and Marketing: HubSpot, Branch io, OneSignal, and SendGrid. We use these services to communicate with you directly regarding your account, our services, promotions, offers and marketing material. You have the right to unsubscribe from marketing and advertising emails and communications from us.
c. Hosting and Servers: DigitalOcean, AWS
d. Data Backup and Security: DynaTrace, DigitalOcean, AWS
e. Analytics: Google Analytics and Dynatrace. We use these affiliates to better understand how users interact with our Site, in order to improve our business and services to you.
I. How do we keep your information safe?
a. We are committed to protecting your Personal Information and we implement appropriate administrative, technical, and physical safeguards designed to safeguard the information that we collect. For instance, we encrypt all data when in transit. However, no information system can be 100% secure. This means that we cannot guarantee the absolute security of your Personal Information. Moreover, we are not responsible for the security of information you transmit to us over networks that we do not control, including the internet and wireless networks, or the data that is stored on your device. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Site is at your own risk. You should only access the services within a secure environment.
b. Secure Sockets Layer (SSL) technology protects data on our Site using both server authentication and data encryption, ensuring that user data is safe, secure, and available only to authorized persons.
c. Our computer systems are hosted in a secure data center environment that uses a firewall, intrusion detection systems, and other advanced technology to prevent interference or access from outside intruders.
d. Technical Safeguards:
i. Unique password requirements and limited employee access;
ii. Destruction, deletion or de-identification of personal data;
iii. Industry standard security protocols;
iv. Employee training on how to handle sensitive data, breach notice and procedures;
v. Secure Technology (SSL), server authentication and data encryption and use of firewall to host data;
vi. Designated security coordinator on the team;
vii. Sub-processors and third-parties are bound to same security practice obligations;
viii. Backups; and
ix. Periodic audits.
J. Data Breach: We will comply with all applicable federal and state laws that require notification to individuals, entities, state agencies, or federal agencies in the event of a data breach. When we reasonably suspect and/or become aware of a disclosure or security breach concerning any Personal Information, we will notify the affected individual immediately and mitigate the damage of such security breach to the greatest extent possible. We further agree that we will fully cooperate, and assist as specifically requested. In the event of an actual data breach or the unauthorized access or disclosure of any sensitive or personal data, we will notify you in writing as soon as possible outlining the following information:
i. What happened (date of breach is possible, or estimated date of incident, or the date range within which the breached occurred);
ii. What information was involved (list the type of Personal Information);
iii. What we are doing to help resolve or mitigate the issue (and if there was any delay in providing this notice due to law enforcement investigation);
iv. What you can do to help ss;
v. How you can get more information or contact ss;
vi. Information about what we have done to protect individuals whose information has been breached;
vii. Advice on steps that the person whose information has been breached may take to protect himself or herself; and
viii. Information about the steps we have taken to cure the breach and the estimated timeframe for such cure.