Privacy Policy

Peanuts Anchovies Account Terms of Use and Agreement

Last Revised: 30 January 2024

Use of the Peanuts Anchovies membership program constitutes acceptance of these terms of use (“Terms” and/or “Conditions”), as such may be revised by Peanuts Anchovies from time to time, and is a binding agreement between the user (“User”, “You”) and Noms Fochun Founders Sdn. Bhd. (“Noms”, “Us”) governing the use of the Peanuts Anchovies membership. The use of Peanuts Anchovies membership is governed by the Terms and/or Conditions of this Agreement. Please ensure that you have read and understood these Terms and/or Conditions before using your Peanuts Anchovies membership.

By clicking accept or by signing this Terms and Conditions Agreement, the user acknowledges and agrees to be bound by these Terms and/or Conditions.

The Peanuts Anchovies membership is applicable to all Peanuts Anchovies restaurants in Malaysia with its location(s) described in Schedule 1 (hereinafter referred to as the “Peanuts Anchovies Restaurants”).

MODIFICATION OF THESE TERMS OF USE

Peanuts Anchovies reserves the right to change the Terms, Conditions, Membership Benefits and including but not limited to the charges associated with the use of the Peanuts Anchovies membership and Website.

WHY WE COLLECT

Peanuts Anchovies collects personal information to enable us to provide our customers with products and services and improve their Peanuts Anchovies’ experience. The primary purpose of collecting personal information includes to enable us to:

identify and communicate with our customers;
market our products and services (for example through special offers, competitions, promotions and
special events), including by contacting you via text message, in-app notifications, email or phone;
offer various membership benefits, such as the ability to collect points from making purchases or
deliver to your address, receive benefits on birthdays, and receive targeted vouchers;
respond to customer enquiries;
improve our services through regular feedback from our customers; and
provide customer support.

If we do not collect your personal information, we may not be able to provide you with the products and services that you require, or the level of service on which we pride ourselves at Peanuts Anchovies.

PART ONE: PEANUTS ANCHOVIES MEMBERSHIP GENERAL TERMS

About Your Account; Peanuts Anchovies membership is issued to you by Peanuts Anchovies. It allows you to enjoy membership benefits at all Peanuts Anchovies Restaurants. The Peanuts Anchovies membership can be used to claim rewards (hereinafter referred to as “Membership Benefits” and/or “Peanuts Anchovies Membership” and/or “Membership”). The Membership Benefits are as follows and may change from time to time:

New Sign Up Reward – RM 5 E-Voucher
Member Day Reward – x2 Points
Birthday Reward – 10% Voucher – Validity – Birthday Month
Re-marketing Effort (We Miss You!)- 10% OFF voucher
Point Reward System: RM 1 = 1 point

No credit, credit line, overdraft protection or deposit account is associated with a Peanuts Anchovies Membership. The value associated with the Peanuts Anchovies Membership is not insured or guaranteed by any person or entity.

Your Peanuts Anchovies Membership is only valid for use in Peanuts Anchovies Restaurants
that are listed in Schedule 1 of this Agreement. We reserve the right not to accept any Peanuts
Anchovies Membership or otherwise limit use of a Peanuts Anchovies Membership if we
reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

FEES AND EXPIRY DATE

Peanuts Anchovies does not charge any fees for the issuance, activation or use of your Peanuts Anchovies Membership. Your Peanuts Anchovies Membership will expire if not used or is inactive in one (1) year from the last transaction date (inclusive of activation and last transaction date). Thereafter, your Peanuts Anchovies Membership shall be deemed expired, is not valid for any use and will be automatically deactivated. Any remaining point balance on your Peanuts Anchovies Membership will be automatically forfeited upon deactivation under any circumstances and cannot be refunded to you.

CHECKING POINT BALANCE

Members are not sent statements of itemized transactions from a Peanuts Anchovies Membership account. You can check the balance of your Peanuts Anchovies Membership points on your Peanuts Anchovies Membership on our Website at https://peanutsanchovies.my.

REDEMPTION

The Peanuts Anchovies Membership cannot be exchanged for cash or credit balance or rewards or points. All Membership Benefits are valid only within their stipulated periods. There is no reversal or refund of any activation or points into your Peanuts Anchovies Membership.

USE OF COMMUNICATION SERVICES

The Peanuts Anchovies Website may contain emails, text messages, bulletin board services, calendars, and/or other message or communication facilities designed to enable Us to communicate the User (collectively, “Communication Services”), you agree to accept any promotional notifications through the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Peanuts Anchovies has no obligation to monitor the Communication Services. However, Peanuts Anchovies reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Peanuts Anchovies reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Peanuts Anchovies reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Peanuts Anchovies’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Peanuts Anchovies does not control or endorse the content, messages or information found in any Communication Service and, therefore, Peanuts Anchovies specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Peanuts Anchovies spokespersons, and their views do not necessarily reflect those of Peanuts Anchovies.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download and/or click the materials on the Website.

COMPLAINT HANDLING

We reserve the right to correct the balance of your Peanuts Anchovies Membership points on your account if we believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or if you dispute any transaction or correction that has been assessed against your Peanuts Anchovies Membership, please submit a feedback and/or comment on our website https://peanutsanchovies.my.

OPTIONAL REGISTRATION; LIABILITY FOR UNAUTHORISED TRANSACTIONS

Because your Peanuts Anchovies Membership consists of Membership Benefits such as points earned from purchases from Peanuts Anchovies, you are fully and solely responsible for the security, management and for all transactions associated with your Peanuts Anchovies Membership, including unauthorized transactions. There are no replacements for lost, stolen or damaged Peanuts Anchovies Memberships.

In the event of an unregistered Peanuts Anchovies Membership is lost, any remaining balance on the Peanuts Anchovies Membership is automatically forfeited upon its expiry and non-refundable. Likewise, any remaining balance on a registered Peanuts Anchovies Membership shall be forfeited and non-refundable if you do not comply with the loss reporting processes set out above. To register your Membership, please visit our Website at https://peanutsanchovies.my. Personal information which you provide to us for purposes of registering your Peanuts Anchovies Membership will be held pursuant to Peanuts Anchovies Privacy Policy which is available on this Website at https://peanutsanchovies.my

PART TWO: IMPORTANT LEGAL TERMS

APPLE AND GOOGLE TERMS AND CONDITIONS; PEANUTS ANCHOVIES POLICIES

These Terms supplement and incorporate (a) in case the Application is distributed through Apple, Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.php#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); (b) in case the Application is distributed through Google Inc’s (“Google”) system, Google Play Terms of Service (located at http://play.google.com/about/play-terms.php) (“Google Terms”) and (c) other Peanuts Anchovies policies (“Peanuts Anchovies Policies”), including the terms of use for the Peanuts Anchovies Website and the Peanuts Anchovies MEMBERSHIP, posted at https://peanutsanchovies.my (“Peanuts Anchovies Website”). If any of the provisions of the Apple Terms, Google Terms or any applicable Peanuts Anchovies Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.5

ACCEPTABLE USE

Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms and the Peanuts Anchovies Policies. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Application, Peanuts Anchovies Website or Content that is not authorized by Peanuts Anchovies; (d) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the webpage, Peanuts Anchovies Website or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Peanuts Anchovies computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Peanuts Anchovies servers or networks; or (j) fails to comply with applicable third party terms (collectively “Acceptable Use”). Peanuts Anchovies reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Online Payment, remove Content or assert legal action with respect to Content or use of the Application, including Online Payment, that Peanuts Anchovies reasonably believes is or might be in violation of these terms of Acceptable Use or Peanuts Anchovies Policies including the Peanuts Anchovies MEMBERSHIP Terms and Conditions, but Peanuts Anchovies failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

INDEMNIFICATION

At Peanuts Anchovies request, the User agrees to defend, indemnify, and hold harmless Peanuts Anchovies, Noms Fochun Founders Sdn. Bhd. and their affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from the User’s use or misuse of the Application (including Online Payment), violation of these Terms or violation of any rights of a third party. Peanuts Anchovies reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, Peanuts Anchovies, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

NO WARRANTIES

Peanuts Anchovies is providing the application to the User “as is” and the user is using the application and/or Peanuts Anchovies Website at his or her own risk. to the fullest extent allowable under applicable law, Peanuts Anchovies disclaims all warranties and conditions, whether express or implied, including any warranties or conditions that the application is merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the application by the user is in compliance with laws applicable to the user or that user information transmitted in connection with the application (including as part of online payment) will be successfully, accurately or securely transmitted.

NO LIABILITY

Peanuts Anchovies will not be liable the User for:

any loss of income, business, goodwill or profits arising out of this agreement;
any loss of income, business, goodwill or profits arising out of this agreement;
any unauthorized access to or alteration, theft or destruction of the Peanuts Anchovies Membership;
the consequences of any delay or mistake relating to the use of Peanuts Anchovies
Membership caused by any circumstances beyond Peanuts Anchovies’ control;
any loss or damage which was not caused by Peanuts Anchovies’ breach of this agreement or breach of legal duty of care;
any loss or damage which was not a reasonably foreseeable result of either Peanuts Anchovies’ breach of this agreement or breach of legal duty of care. Loss or damage is “reasonably foreseeable” if, at the time Peanuts Anchovies and the User entered into this agreement, such loss was contemplated by the User and by Peanuts Anchovies; or
any loss or damage suffered by the User as a result of the User failing to take reasonable precautions against such loss or damage.

MARKS, APPLICATION AND CONTENT

“Peanuts Anchovies”, “Noms Fochun Founders Sdn. Bhd.”, the Peanuts Anchovies logo, and other Peanuts Anchovies trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Noms Fochun Founders Sdn. Bhd. (collectively “Peanuts Anchovies Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The Peanuts Anchovies Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Peanuts Anchovies or the applicable trademark holder. The Website and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Peanuts Anchovies or the owner of the Content.

GOVERNING LAW AND JURISDICTION

These Terms and/or Conditions are governed by the laws of Sabah & Sarawak, East Malaysia, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the courts of Sabah and Sarawak, East Malaysia for purposes of any legal action arising out of or related to the use of the Application or these Terms and/or Conditions. If as a result of the introduction of new laws, stamp duty, statutory fee and service tax (including any goods and services tax) is chargeable in connection with this Agreement, you agree that Peanuts Anchovies is authorised to deduct such duty, fee and tax from your Peanuts Anchovies Membership upon activation.

SEVERABILITY

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

ASSIGNMENT

We may transfer all or part of this agreement without such transfer being considered a change to the agreement, by giving notice to you. The company or other entity to whom we transfer this agreement will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of this agreement so that your rights under this agreement are not detrimentally affected.

ENTIRE AGREEMENT; CONSTRUCTION

All correspondence entered into under this agreement will be in the English language. This agreement is the complete and exclusive statement of the agreement between you and Noms Fochun Founders Sdn. Bhd. and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this agreement.

RESERVATION OF RIGHTS TO CHANGES

Peanuts Anchovies reserves the right to change or modify these Terms or Conditions or any other Peanuts Anchovies Policies related to use of the Membership and/or the Website at any time and at its sole discretion by posting revisions on the Peanuts Anchovies Website. Continued use of the Website and/or membership following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

Schedule 1

The Peanuts Anchovies membership is applicable to all Peanuts Anchovies restaurants in Malaysia with its location(s) described herein:-