Terms & Conditions

TERMS AND CONDITIONS OF USE (“TERMS OF USE”)

Welcome to Chillout.my ("Chillout" and/or “we” and/or “us” shall be used interchangeably) provide website features and and services to you when you visit Chillout.my, use our services, that may extend to, but not limited mobile app, or any other applications provided by us in connection with any of the foregoing (collectively, "Chillout Services").

Introduction

This Agreement governs your use of our platform and the services that you use and/or any purchases made thereunder. The Terms of Use stated herein constitute a legal agreement between you and CHILLOUT DISTRIBUTION SDN. BHD. (Company No.: 1383092-M), a company incorporated in Malaysia and having its registered address at No.27-3, THE HIGHWAY CENTRE, 46050, PETALING JAYA, SELANGOR, MALAYSIA.

Please review carefully these terms and conditions, which govern your use of Chillout Services, websites and/or any mobile applications (if applicable) on which these terms and conditions appear (collectively, the "Site" or "Sites"). By signing up, accessing or using any of the Sites and/or purchasing something from us constitutes your unconditional agreement to be bound by these terms and conditions ("Terms"). If you choose NOT to accept these terms and conditions or any of its revisions, please do not proceed and immediately discontinue your access and/or use of Chillout’s Site.

We reserve the right, from time to time and without prior notice, revise and/or upgrade whether in whole or in part, the Site and shall not be liable if any such revision and/or upgrades prevent you from accessing the Sites or any part of the Services. You acknowledge and agree that it is your sole responsibility to check these Terms of Use periodically for any updates. That said, your continued use of Chillout Services following the posting of updates constitutes of your acceptance of those changes.

If you have any questions about our Terms of Use hereunder, please reach out to us at:

Contact number: +6019 555 1375 (Office hours: Mon - Fri (except public holiday) 9.00AM - 6.00PM)

Email: support@chillout.my

UNDER THE LAWS OF MALAYSIA, INTOXICATED LIQUOR MUST NOT BE SOLD OR SUPPLIED TO ANYONE BELOW TWENTY-ONE YEARS OF AGE AND/OR ANY INDIVIDUAL(S) OF THE MUSLIM FAITH.

Online Store Terms
1. Certain Chillout Services and related features that may be made available on our Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2. We do not store your payment information and have no access to it. The payment information that you enter is securely stored via the merchant you selected and linked to your user profile on the Site.
3. We reserve the right to terminate your membership at any time if you breach these terms and conditions.
Compliance with Legal Age Restrictions
1. By agreeing to these Terms of Use, you represent that you are at least the age of twenty-one (21) pursuant to Regulations 361 and 386A) of the Food Regulations Act 1985, or that you are the age of majority in accordance to the applicable laws in your country.
2. You further agree and acknowledge that by virtue of our applicable laws, Muslim consumers are only allowed to use Chillout Services to procure items other than products containing alcohol on Chillout Platform.
3. You shall not purchase our products or use our Services hereunder for any illegal and/or unauthorized purpose and/or to violate any laws in your jurisdiction that include, but not limited to relevant copyright laws.
The Usage of Chillout Sites and Services
1. As a condition of your continued use of our Services and/or access to our Sites, you acknowledge and agree that you shall not:
  - Use our Website or purchase alcoholic products from us if you are not able to form legally binding contracts, are under the age of 21, of the Muslim faith, and/or are temporarily or indefinitely suspended from our Sites;
  - Post false, inaccurate, misleading, defamatory, or libelous content (including personal information) on third party sites;
  - Take any action that may undermine the feedback and/ or ratings systems on bad faith on third party sites;
  - Transfer your account to another party without Chillout’s consent;
  - Distribute viruses or any other technologies that may harm the Website, or the interests or property of users of the Website;
  - Copy, modify, or distribute content from the Website and Chillout’s copyrights and trademarks;
  - Harvest or otherwise collect information about users, including email addresses, without their consent;
  - Use existing user accounts or create new user accounts in order to circumvent and/or manipulate Chillout’s monitoring system and/or processes in a manner that is fraudulent to enjoy any of Chillout’s promotions and/or privileges; and
  - Exploit and/or attempting to exploit any benefits provided on Chillout’s Sites (including but not limited to discounts and/or coupons) by signing up for multiple accounts and/or procure any of Chillout’s Services with no intention to complete the same.
2. Accordingly, you shall conduct yourself in accordance with good public order and morals, and shall refrain from:
  - Persistently raising complaints without any reasonable grounds or justification; and
  - Engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.
Rules about the use of our Services and Purchases
1. We shall not be liable for any loss or destruction of or damage to the Products, however caused, unless such loss, damage or destruction resulted from our failure to exercise such care in regard to the Products as a reasonably careful person would exercise under like circumstances. We will not be liable for damages which could not have been avoided by the exercise of such care.
2. In no event shall Chillout be liable for any loss or damage caused by:
  - acts of God; public authorities acting with actual or apparent authority; strikes; labour disputes; weather; mechanical or equipment failures; cyber-attacks; civil commotions; hazards incident to a state of war; acts of terrorism; acts or omissions of customs or quarantine officials; acts of carriers related to security; the nature of the freight or any defects thereof; inherent vice of the goods; lockdown order announced by local authorities or the government, perishable qualities of the merchandise; fires; frost or change of weather; sprinkler leakage; floods; wind; storm; moths; public enemies; or other causes beyond its control;
  - fragile articles injured or broken, unless packed by our own employees and unpacked by them at the time of delivery;
  - pilferage or theft, unless such loss or damage is caused by the failure of Chillout to exercise such ordinary care required by law; and
  - Concealed damage, or for losses incurred due to the concealed damage of the Products
3. Items You Purchase. You understand that we do not manufacture, and/or may not inspect any of the items sold through our Site. We provide the platform; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so we cannot and do not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the product. You thereby release us from any claims related to items sold through our Site, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Availability, Products & Services
1. All purchases our Site made through the Site are subject to availability. We do our best to keep products in stock and to keep the website up to date with the availability of products.
2. We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for a Force Majeure Event) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
3. We have made every effort to display as accurately as possible the colours and images of our products that appear on our Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.
4. We reserve the right, but are not obligated, to limit the sales of our products and/or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5. We warrant that the quality of any products, services, information, or other material purchased or obtained by you shall meet your expectations, or that any reasonable errors concerning our service shall be corrected.
6. If you are not 100% satisfied with the taste of one of our products, please kindly let us know via email at: support@chillout.my and we will do everything we can (within reason) to remedy the issue.
7. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
Exclusive Products and/or Services (if applicable)
1. You acknowledge that certain products or services may be available exclusively online through our Site. These products and/or services may have limited quantities and are subject to return or exchange only according to our Return Policy hereunder.
2. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
3. Any offer for any product or service made on this site is void where prohibited under any applicable laws.
Delivery, Title & Risk
1. Chillout Express Delivery. You agree that we shall deliver the products to the delivery address you provide on the same day with the anticipated lead time of two (2) hours provided you make your orders on Mon-Friday before 3pm, unless there are delays caused by events beyond our control. We deliver to all of Klang Valley and if we cannot deliver to you, we will notify you as soon as possible. Please inquire for shipping information to West Malaysia.
2. Chillout Next Day Delivery. You agree that we shall deliver the products to the delivery address you provide on the next working day between 8am to 8pm should you make your order any time before 8pm.
3. For avoidance of doubt, and notwithstanding anything to the contrary, whilst we strive to ensure the product(s) reaches you within the expected delivery dates and times, we shall not be liable for any loss or damage incurred and/or suffered by you as a result of any late delivery caused by events beyond our control.
4. Delivery costs are set during checkout according to your order amount and location. Any potential delivery costs will apply to all products in our online shop.
5. It is your responsibility to check the delivery details and pricing, and be aware of any fees that could be incurred before you submit your order through our website.
6. We always try and send out your order as soon as possible, but some things are out of our control. Any delivery periods displayed or advertised by us are estimates only and Chillout is not responsible for any delays that could arise.
7. We may deliver your order using a range of delivery methods or courier services.
8. If you need to change the delivery address or have a delivery request, please notify us immediately in writing. If you change your delivery address after your order has left our warehouse, we are no longer able to modify the delivery address and your order will be delivered to the original address. Notwithstanding anything to the contrary, Chillout reserves the rights to decline and/or change delivery requests at its sole discretion absolutely.
9. We will not deliver any orders without first receiving payment and in the event, there is a problem with processing your payment, we will contact you to sort the issue.
10. Once items are delivered to the delivery address provided, we are no longer liable for any liabilities, damages, or losses, and all risks are passed onto you.
Refund & Return Policy
1. Upon acceptance of delivery, you are advised to promptly check the contents of your order to ensure no damages and/or differences. You are further advised to scan the QR code located on your bottle(s) the moment you receive it and to always assess the authenticity of the bottle using the Royal Malaysian Customs Department (‘JKDM’) app before consuming. If you are not 100% satisfied with your order, please kindly let us know via email at: support@chillout.my and we will do everything we can (within reason) to remedy the issue.
2. Return:
  1. Our policy lasts 7 clear days. If 7 clear days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange.
  2. You further acknowledge that a lot of our products are fragile; therefore we do not accept returns. We do not accept any returns of such products until and unless proven that it is Chillout’s fault of the said products delivered. You are entitled to exchange products which are found to be damaged or not in good condition upon delivery in accordance to the terms hereunder.
  3. To be eligible for a return, your product must be unopened and/or unused, and most importantly, the Chillout Security Sticker is not broken and/or tampered with and in the same condition that you received it and in the original packaging.
  4. Open (unscrewed/uncorked) bottles or bottles with a damaged label and/or tampered Chillout Security Sticker cannot be returned.
  5. If you need to return an item, send us an friendly email at support@chillout.my.
  6. To process your return, we require your order number, valid reason for the return, and receipt or proof of purchase.
  7. Please do not send your purchase back without prior notice.
3. Refund:
  1. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
  2. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
  3. Only regular priced items may be refunded, unfortunately, sale items cannot be refunded. Bulk products such as Beer Cartons cannot be returned as single bottles.
  4. Free gift items cannot be returned or redeemed for cash.
Accuracy, Completeness and Timeliness of Information
1. We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
2. We shall have no liability whatsoever in the event we post any information provided by our merchant, and/ or provides reference information and/ or contents provided by a third party at the Site or links on the Site for your convenience, and you visit such third party sites at your own risk.
3. We are not responsible for examining and/ or evaluating, and does not warrant the products of such business or individual or the content of their web sites. We do not assume any responsibility or guarantee or liability for the actions, goods, services and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
4. We have made reasonable efforts to post current and accurate information on our Sites. However, you agree and acknowledge that we assume no responsibility for any errors, omissions and/or inaccuracies whatsoever in the information provided on our Sites. Under no circumstances, will we be liable for any loss or damage caused by your reliance on information obtained through our Sites. It is your sole responsibility to evaluate the accuracy, completeness and/or usefulness of any information provided, and use of our Sites is solely at your own risk, provided such loss and/or damages are caused by our own gross negligence.
Suspension of Services
1. You agree and acknowledge that we may cancel, restrict and/ or temporarily suspend the provision of all and/ or part of Chillout Services on our Sites to you in the event such Services are unable to be provided due to:
  - Maintenance work on the Website;
  - The occurrence of power or communications outage;
  - Technical problems on the part of our third party suppliers and/ or partners;
  - The occurrence of a natural disaster, act of terrorism or other force majeure events;
  - Any other reason(s) that we may deem necessary for such suspension.
2. Upon the suspension of the Services, we shall post a notification on our Sites on the suspension of Chillout Services as soon as reasonably practicable.
3. We shall not be liable for any damages or losses that you and/or any third party may suffer or sustain as a result of any cancellation, restriction and/ or temporary suspension of any Services in accordance with the terms of these Terms and Conditions.
Intellectual Property Rights
1. Site Contents. Chillout is the sole owner or lawful licensee of all the rights and interests on our Sites. All title, ownership and Intellectual Property Rights on our Sites shall remain with Chillout, our affiliates and/or licensors of the Sites, as the case may be. All rights not otherwise claimed under these Terms and Conditions and/or by Chillout are hereby reserved.
2. Trademarks. All of the Chillout’s related icons and/or logos are registered trademarks and/or trademarks or service marks owned or licensed by Chillout and are protected under applicable copyright, trademark and other proprietary rights laws. You are strictly prohibited from undertaking any unauthorised copying, modification, use or publication of these marks.
Responsible Drinking/ Indemnity/ Limitation of Liability
1. For avoidance of doubt, ‘responsible drinking’ shall means, but not limited to, drinking enjoyable, sociably and pacing yourself and not drinking at all in situations when the effects of alcohol will put someone’s safety or health at risk- such as when driving, when pregnant and/or in certain work situations.
2. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, and/or your violation of any law or the rights of a third party.
Privacy
1. We use your information only as described in our Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see our Privacy Policy. If you object to your Information being transferred or used in this way, please do not use our services.
Applicable Law and Jurisdiction
1. By visiting this Sites, you agree that the laws of Malaysia, without regard to principles of conflict of laws, shall govern this Terms of Use and any dispute of any sort that might arise between you and Chillout. The Courts of Malaysia shall have exclusive jurisdiction over any legal action or the proceedings against Chillout arising out of, with respect to, or in connection with any disputes over this Terms of Use and disputes between you and Chillout.
Force Majeure
1. If by any reason of any event of force majeure, any of the parties to this Agreement is delayed in or prevented from or hampered in performing any of its obligations under this Agreement, then such delay or non-performance shall not be deemed to be a breach of this Agreement. In such an event, the obligations of the party so affected by the force majeure event shall be suspended during the period of such force majeure event, and the affected party shall use all reasonable endeavours to minimise and reduce any period of suspension occasioned as aforesaid.
2. For avoidance of doubt, a force majeure event shall include, but shall, not be limited to any cause beyond the any parties’ reasonable control, including, but not limited to, acts of God, acts or omission of any government or order, rules, acts or omission of transportation/ logistics companies, material shortages, and/or delays in transportation, and/or delays of its suppliers, manufacturers and/or subcontractors for like cause, and/or where the Goods is seized by the local customs authorities at the Designated site causing a delay to load, regulations or orders of any governmental authority or any officer, department, agency thereof, fire, storm, flood, earthquake, accident, acts of war, pandemic, rebellion, insurrection, riot, invasion, strikes, industrial disputes or lockouts, or anything regarded as being beyond the reasonable control of the Seller in question.
General
1. No Assignment. You may not assign, in whole or part, any of these Terms and Conditions to any person or entity.
2. Severability. If any provision of these Terms and Conditions is found to be illegal, void or unenforceable under the law, these Terms and Conditions shall continue in force save that such provision shall be deemed severed with effect from the date of such decision or such earlier date as Chillout may decide or the parties may agree, as the case may be.
3. Waiver. You agree and acknowledge that Chillout’s failure to exercise and/or enforce any of its rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
4. Limitation of Liability. We shall not be liable for any loss or damages caused by us and/or employees in circumstances where (a) loss or damages was not foreseeable to both parties when the agreement was formed; and (b) loss and/or damages not caused by our own gross negligence.