Terms & CONDITIONS

 
 

1. General

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website also contains links to other websites, which are not operated by ChaCha Life Sdn. Bhd.(the "Linked Sites"). ChaCha Life Sdn. Bhd. has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.


2. Privacy

ChaCha Life Sdn Bhd is totally committed to protecting the privacy of our site visitors and customers. The ChaCha team members are customers themselves of other Internet sites and fully appreciate and respect the importance of privacy on the Internet. We will not disclose information about our customers to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we have your express permission to do so. 


3. Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. ChaCha will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.


4. Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of ChaCha or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ChaCha and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Chacha or its licensors. ChaCha Kombucha is a trademark belonging to ChaCha Life Sdn Bhd. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of ChaCha.


5. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland Malaysia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with ChaCha you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. ChaCha retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be ChaCha or may in some cases be a third party.

Where a contract is made with a third party ChaCha is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
 

Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order.

A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you.

Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
 

Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur.

If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
 

Payment

ChaCha Life Sdn Bhd uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions.

By using the Stripe Check Out you agree to be bound by Stripe’s Terms of Service.

You expressly understand and agree that ChaCha Life Sdn Bhd shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that ChaCha Life Sdn Bhd shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. ChaCha Life Sdn Bhd is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.

You understand that Reveal Media Ltd uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Reveal Media Ltd liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your Stripe account, or Your business.

You must not process stolen credit cards, or unauthorized credit cards through Stripe.

TRANSACTION SECURITY

All transaction information passed between ChaCha Life Sdn Bhd’s and Stripe's systems is encrypted using 256-bit SSL certificates. No cardholder information is ever passed unencrypted. You can be completely assured that nothing we pass to Stripe's servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.

 

Discount Codes

1. Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.

2. Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

Gift Vouchers

1. Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.

2. We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.

3. We’ll despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.

4. If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. 

In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.

5. From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.

6. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).

7. As you’d expect, we reserve the right to vary these terms and conditions.

The conditions of use relating to any discount code will be specified at the time of issue.

 


6. Delivery

We aim for orders to be despatched on the same working day if payment clears before 1pm. After 1 pm, we will get the orders despatched the next morning. After items leave our warehouse, it will take 1 working days to arrive at your doorstep for orders in Malaysia.  Please email admin@chacha.life for more information on deliveries.

We fulfil all orders through our delivery partners Grab, and LaLaMove at Our discretions. ChaCha Life Sdn Bhd is not liable for any foul play of delivery services, or bad experiences with our Delivery Partners

Cash on delivery is not available and is subject to change at the discretion of Chacha


7. Returns & Exchange

Returns are not available. However, if the customer is unhappy with the purchase, for valid reasons ChaCha can issue a redund within 7 days from date of delivery. Sale items and purchases made with discount coupons are non-returnable and non-exchangeable.

If customer has not responded to the notification 10 days after delivery of notification, ChaCha reserves the right to claim ownership of items and resell the items on ChaCha.life. The cost of returns is borne by the customer.

ChaCha allows exchanges subject to availability and wrongfully delivered goods.

For returns and exchanges, customers are advised to notify ChaCha first at admin@chacha.life quoting the order number and product details.


8. Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law ChaCha and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect ChaCha’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. 


9. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.


10. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with ChaCha and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to ChaCha.


11. Indemnity

You agree to indemnify, defend and hold harmless ChaCha Life Sdn Bhd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service. 


12. Variation

ChaCha Life Sdn Bhd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. 


13. Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law. 


14. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. 


15. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. 


16. Governing Law and Jurusdiction

These terms and conditions are to be construed in accordance with the laws of Malaysia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Malaysian courts.


18. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Chacha Life Sdn Bhd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of ChaCha Life Sdn Bhd.