TERMS & CONDITIONS 

Terms and Conditions for K Fry Application User 

Effective Date: 15 September 2023

Please read these Terms and Conditions of the K Fry Application (“Terms and Conditions”) carefully, because these Terms and Conditions indicate your rights and obligations as a User, and also include restrictions as well as exceptions which will Apply to and be enforced in relation to all transactions and activities on the K Fry Application. 

By your registration as a User and/or your use of the Application and/or by selecting “agree” to acceptance of these Terms and Conditions, you shall be deemed to have fully understood, accepted and agreed with these Terms and Conditions and agreed to be bound by them, including any rules, policies and measures which may be announced by K Fry relating to the Application or the Website. Such rules, policies and measures shall form an integral part of these Terms and Conditions by reference herein, and K Fry may edit the same from time to time without any prior notice. Moreover, some services that are available to Users through the Application or the Website may be subject to additional terms and conditions. Your use of such services shall be subject to those additional terms and conditions, which shall form part of these Terms and Conditions by reference herein. 

1. Definitions 

1.1 “Terms and Conditions” means these terms and conditions, which form the contract between K Fry and the User in relation to the K Fry. 

1.2 “K Fry” means K Fry Urban Korean, K Fry Sdn Bhd which is registered and operates under Malaysian law. 

1.3 “Advertising” means advertising produced by K Fry to promote sale of the goods or services via the Application. 

1.4 “Application” means the K Fry Application, and any other programs, Applications or platforms which K Fry may develop in the future for Users to access goods or services on mobile devices. 

1.5 “Campaign” means an activity which announces on the Application or the Website for the promotion of goods/services which Users can obtain by redeeming K'oins (if any) in accordance with these Terms and Conditions. 

1.6 “K’oins” means points that Users receive from using the Application, awarded after each transaction made, and which can be redeemed to obtain Rewards/Coupons from Campaigns which are announced by K Fry. 

1.7 “Rewards” means products, goods, samples, gifts, vouchers, coupons, services or other things which Users may receive under any Campaign, or which User can receive by redeeming the K’oins.

1.8 “Services” means all services made available on the Application or the Website or otherwise as set forth in these Terms and Conditions. 

1.9 “System” means the system developed and operated by Aigens on which the Application is operated and maintained. 

1.10 “Transaction” means the redemption of rewards between User and K Fry through the System. 

1.11 “User” means a person (who must be 18 years or older) who accesses or uses the Application on a mobile device having iOS or Android platforms only. 

1.12 “Website” means the following website managed by K Fry: https://www.kfry.my/ 2. General 

2.1 These Terms and Conditions are agreed and accepted by User and K Fry. 

2.2 Any person who uses the Application must be 18 years or older and not have been prohibited from using the Application in the past. Each User can only create one account. If a violation is found, K Fry may cancel or delete the account of User. 

2.3 User agrees that it uses and/or accesses Content on the Application or the Website at its own risk and responsibility, and User shall be responsible for any damage or loss which it incurs from such access or use or which is incurred by others from such access or use. For the purpose of these Terms and Conditions, “Content” includes but is not limited to, data concerning location, video, records, comments, information, messages, photos, any program which is processed by a computer, scripts, graphics, and any other thing that K Fry creates or provides or allows to Appear on the Application or the Website. 

2.4 User shall use the Application, the Website and the Services for the User’s benefit only and shall not use the same for any form of commercial purpose directly or indirectly. 

2.5 K Fry reserves the right to restrain User from accessing the Application, the website, or the Services (in whole or in part) and restrain or prevent User from redemption of K'oins without reason or prior notice. 

2.6 K Fry may provide Services for User on Facebook (https://www.facebook.com/kfrymy) or the Website or other programs. In case User accesses Services via a website or program which belongs to a third party such as Facebook, User may need to accept and follow the usage terms and conditions of the third party. 

2.7 K Fry shall not be responsible for any losses, obligations, costs, prices, fees, fines, or any liabilities incurred by User or any third party as a result of User or such third party not complying with Applicable laws and regulations.

3. Account: Registration and Cancellation 

3.1 User does not need to register for an account in order to access to the Website or use some Services, however, User must register for an account in the Application (“Account”) to obtain the right to receive K’oins and membership tier tier for Rewards redemption and access to certain Services which are available to registered Users only. 

3.2 For registration, User shall specify User’s name, email, phone number, address, or other personal information, and this information shall be subject to K Fry’s Privacy Policy, as set forth in section 6 below. 

3.3 In the process of registration, User shall create a registration ID to access and use the Account and shall keep it secret as well as change the registration ID regularly. User agrees that any third party who accesses the Application, Services or the Website by using the Account and registration ID of the User shall be deemed to be the representative of User. User will be responsible for any damage or loss suffered by any party as a result of User disclosing the registration ID to others or setting the registration ID carelessly. 

3.4 User shall register by using their in-use, enabled, and regularly used telephone number, for sending OTP (One-Time-Registration ID) SMS to the number for User identification. K Fry reserves all rights to delete any Account that uses telephone numbers or e-mail of others to register an Account with K Fry without prior notice. K Fry may need to reconfirm the details of the Account at any time. 

3.5 K Fry reserves all rights to reject the registration or cancel the Account at all times. 

3.6 In terms of User registration, User hereby authorizes K Fry expressly to use the personal data of User for marketing purpose, and/or communication, and/or statistical anaylsis, and/or offers for goods and services without further notice or remuneration. User acknowledges and agrees that, at the time of the registration, User was given the choice whether to receive promotional e-mail or not. 

3.7 K Fry reserves all rights to cancel the Account of User without prior notice. In such case, all K’oins received or accumulated will be automatically canceled, and there will be no compensation given to User in any form. 

3.8 In case K Fry finds that any Account announces or publishes any content or material that may be deemed as a violation of these Terms and Conditions, or that may cause damage to K Fry, or causes religious or social disharmony, or damages national security and/ or public morals, then K Fry may deregister such Account without notice in its sole discretion. 

3.9 K Fry reserves all rights to use the information provided by Users for the purpose of sales promotional activities without prior notice and without remuneration.

4. User Covenant 

4.1 User guarantees that the information provided during the registration of the Account, which is part of the Account registered under these Terms and Conditions is true, correct, and complete. User will update that information immediately when changes occur, in order to keep the Account up to date. 

4.2 User has the responsibility to ensure that all the Rewards, Services, and information it accesses on the Website or the Application are aligned with the needs of User. 

4.4 User agrees not to use or allow any third party to use the Application or the Website including but not limited to the following acts: 

(1) Send or receive any material or media that can be considered as intimidating, aggressive, obscene, threatening, insulting or defamatory of any person, insulting or in contempt of court, infringing copyright or personal rights, or rights of publication or privacy, or human rights, and/or that causes social disharmony; 

(2) Send or receive any material or media which may cause or encourage a criminal offense, civil offense or any act that may be considered to be against the laws or violate the rights of others, regardless of the country of residence of the offending party; 

(3) Send or receive any material or media that may be considered as technically dangerous (e.g. including to computer virus, logic bombs, Trojan horses, worms, hazardous components, defective data or software with malicious intent or hazardous data); 

(4) Cause annoyance, inconvenience or cause unreasonable concern; 

(5) Block or try to block the data transmission for communication by telecommunication systems; 

(6) For other benefits other than the designated purposes of the Application;

(7) For fraudulent purposes; 

(8) Do not comply or consistent with the standard practice of the internet or the reliable network connection; or 

(9) Any action that causes racial hatred, religious hatred, minority hatred, or any action that causes significant results to an individual, group of persons, or identity. 

4.5 Using Application or the Website is expressly prohibited and User agrees not to do (or consent for others to do) as follows: 

(1) Attempts to avoid security systems or networks, including accessing the information that is withheld from User, server, or an account that User has not been explicitly granted access to, or the intervention of security systems of the other networks (e.g. running a port scan);

(2) Accessing to services, Application (or websites) in way that results in excessive use of the System; 

(3) Actions to inspect the network which will block data that is not intended for User;

(4) Any action that is illegal in relation to the use of the Website, the Application and/or the Services; 

(5) Any action that may be considered as a limitation on or obstacle to another User’s use of the Application, Website, and/or the Services; or 

(6) Send any message in the way that may cause any person to believe or to understand that the message is sent by or with the support or consent of K Fry. 

5. K'oins and redemption 

(1) User is able to receive and accumulate K'oins by joining activities through the Application, which K'oins can be used to redeem Rewards and access various benefits under a Campaign as determined by K Fry from time to time. 

(2) User member tiers are as follows: 

“Member” tier is the general User that accumulates K'oins from any payment transaction via the Apps under dine in, delivery or takeaway. 

Tier 1 “Newbie Joo” is for User who has earned 0 - 5,000 K’oins from payment transaction from the date of the first scan. Tier 2 “Bronze Gammi” is for User who has earned 5,001 - 25,000 K’oins, Tier 3 “Gold Chi Chi” is for User who has earned 25,001 - 45,000 K’oins, meanwhile for Tier 4 “Diamond YamYam” is for User who has earned 45,001 K’oins and above. 

Members will receive different privileges based on each members’ membership tier. Benefits is vary across all 4 tiers and subject to change without prior notice. 

(3) The expiry date and maintaining tier of membership. 

Your K'oins do not have an expiry date, starting from the month that you collect the loyalty reward K'oins, of which the loyalty reward K'oins can be redeemed at any time as its a lifetime membership. 

Using K'oins to redeem various special privileges will not affect the membership tier. 

(4) A special promotion may be held on the Application, and in that case the K'oins to redeem and the period of such special promotion will be specified in the terms and conditions Applicable to that special promotion. 

(5) K'oins are not money and cannot be exchanged for money in any circumstances. K'oins can only be redeemed for goods/services in accordance with these Terms and Conditions. 

(6) Services and K'oins are for personal use of User only. In the case of failure of the System or Application, and such failure causes loss of database, data, or K'oins of User, User hereby releases all rights against K Fry arising from such loss. Any decision regarding the K'oins made by K Fry in such case shall be conclusive and User agrees with K Fry’s decision without further objection.

(7) K Fry is entitled to amend rates or numbers of the K'oins for the Rewards redemption, including any conditions concerning the Rewards redemption, without prior notice to or prior consent of User. 

6. Campaign and Rewards Redemption 

(1) K Fry shall create and announce a Campaign on the Website and/or Application for the Rewards redemption designated by K Fry. Each Campaign may contain specific terms or conditions according to additional terms and conditions designated by K Fry. Therefore, User is obliged to study and understand such specific terms and conditions. K Fry shall not be responsible for any misunderstanding of the contents specified in the terms and conditions of the Campaign. 

(2) Once User sends the Rewards redemption request for Rewards/Coupons, the System will examine whether User has adequate K'oins to redeem the Rewards or not. In the case, the Rewards redemption has been confirmed by the System, the System will send the Rewards redemption confirmation to K Fry for the delivery of the Rewards. 

(3) Once User sends the Reward redemption request, User cannot cancel their request. In any circumstance, there will be no K'oins returning to User. In case K Fry does not deliver the Rewards to User, User shall contact such K Fry directly. 

(4) When User redeems their K'oins via Application, it means User conducts Transaction directly. 

(5) K Fry shall not guarantee any content or campaign shown on an App or website of any third party. K Fry is not liable for the website, services, and campaigns verification in relation to any such third party App or website. 

(6) Some Campaigns may set On-the-Spot Redemption for the Rewards redemption of User, e.g. stores, restaurants, or any locations designated by K Fry. In this regard, there might be specific additional terms and conditions for such Campaign. 

(7) K Fry shall not guarantee the tier of services and shall not be liable for any loss occurring during the time of unavailable services. 

(8) K Fry reserves all right to adjust or change the number of K'oins (whether such adjustment or change is an increase or a decrease of the first announced K'oins) at all times, for any reason and without prior notice. 

(9) K Fry is entitled to cancel the Rewards redemption request at all times, due to the typo or any unexpected failure which causes the Campaign not to operate as intended on the Website or Application. In the case of the cancellation of the K'oins, K Fry shall fully return the K'oins to User. In any event, K Fry, for any reason shall not return the K'oins in the form of money.

7. Taxation 

Any Transaction relating to the Campaign is made by User and K Fry directly, therefore, User hereby acknowledges and agrees that the receipt of the Reward is subject to relevant Taxation Laws, e.g. duty stamp, SST, personal income tax etc. 

8. Privacy Policy 

K Fry respects the privacy of the personal data of User. K Fry fully understood that User wishes to receive the highest security for the Transaction execution on the Application. Thus, any personal data of User shall be used merely for the purposes of the Application. K Fry shall follow the provisions of this section 6 in order to secure the personal data of the User, including to prevent use of the personal data without prior permission from User. 

The following privacy policy shall be used by K Fry in relation to the personal data of the User: 8.1 Personal Data Collection 

(1) For the convenience of each user, K Fry needs to request personal data of User necessary for the Application e.g. first and last name, phone numbers, email, birth of date, gender etc. User is required to provide this Information to K Fry in order to use the Application. 

(2) If User registers for membership or Rewards redemption, K Fry may require additional personal data e.g. sex, age or address for the delivery of the Rewards, etc if any. 

(3) K Fry may require some additional data of User, such as IP Address, Browser Type, Domain Name, Web Page, Visiting Website, Access Times of the Websites, Referring Website Addresses, in order to use these data or statistics for development and improvement of K Fry’s products and for the marketing purpose. 

(4) K Fry would like to inform User that the Website and Application will contain advertisements linked to other websites, and such websites may contain a different privacy policy from K Fry. User agrees to review the privacy policy of those websites, since K Fry is unable to guarantee the context or processing of those websites. In case those other websites do not comply with the privacy policy Applicable to them as announced, K Fry shall not be liable for such non compliance. 

(5) User who is a natural person affirms that on the date of their registration on the Application, the age of User is 18 years or older. User has read and understood and accepts these Terms and Conditions. 

8.2 Use of Personal Data 

(1) K Fry shall not disclose the data relating to the account of the K Fry to any third party, except for the employee who is permitted by K Fry. 

(2) K Fry shall necessarily use the personal data of for the marketing analysis, to contact User, to provide services, promotions, or news, including survey to obtain User’s comments towards K Fry campaigns.

(3) K Fry shall not sell nor disclose the collected personal data of User to any third party, unless there is a permission granted by User or such disclosure is to comply with the laws or order of the court or authorized officer. 

8.3 Accessibility and Change of User’s Data 

(1) User, at all times, is able to check their personal data, including changing their data by logging into their account at K Fry. 

(2) Whenever the account of User has been deleted, K Fry shall keep the data of such account in the database of K Fry for such period as is permitted by Applicable law in order to prevent any unauthorised act of User, i.e., User deletes their Account and opens the new Account. 

Nonetheless, K Fry shall neither use nor disclose the data of the deleted account to any third party except such use or disclosure is conduct for investigation or legal proceeding. 

8.4 Cookies and Cache File 

(1) “Cookies” are small files generated into a computer of User in order to allow K Fry to save data of User as a services user of the Application or Website. Whenever User returns to Application with the same device, and signs in into the account of the K Fry, the System will send Cookies into the device of User. By entering username and registration ID, cookies will enable the Application or the Website to remember User while User opens pages on Application or Website, therefore, User does not have to enter their username and registration ID every time User uses the Application or the Website. Once User signs out of the Application or the Website, Cookies will stop working. 

(2) K Fry shall use the data recorded or collected by Cookies for statistical analysis, or other activities of K Fry, for further improvement of services conducted by K Fry.

(3) User acknowledges and realizes that web browser or programs that link with a website or the System opened or installed on mobile devices of User, may collect and save Cache Files including personal data of User. User understands and agrees that K Fry is not involved in the control or accessibility of the Cache File, and that K Fry shall not be responsible for any use of the personal data of User, conducted by the web browser or the program of the third party. 

9.5 Privacy Policy Update 

For efficiency of the Services, K Fry may adjust or change the privacy policy without prior notice sent to User. K Fry suggests User read the privacy policy each time User visits, uses, or redeems the Rewards from the Application. 

User accepts to provide the information to K Fry and to be contacted through other ways to receive useful information relating to dogs and cats. If User wants to change or cancel the information, please contact K Fry via email at askme@kfry.my. You accept and acknowledge, and agree to be bound by.

10. Using Application and Website 

10.1 K Fry shall not guarantee that the Services, the System, Application, or the Website will not experience interruption or disturbance. K Fry shall not guarantee that any information (or messages) sent through the Services or Application will be sent successfully without the error and within the intended time. 

10.2 K Fry shall not guarantee that the Services, Application, or the Website will be secure from computer virus or anything else which is harmful to the operation of computer systems. 

10.3 The access to Application, the Website, the Application, and/or the Services may sometimes be limited by the reason of the maintenance, repairing of the System, or adding new devices or new Services. In such case, K Fry will seek to restore the access of such Application, Website, and/or Services as soon as possible. However, K Fry will not be responsible for any working system which depends on the browser or other programs of K Fry or any third party. K Fry can delete the information or the Campaign from the Application, the Website and the Services at any time. 

10.4 K Fry reserves the right to block the access and/or edit or delete anything that K Fry considers may be the cause of a violation of these Terms and Conditions. 

10.5 The use of the information or any media on Application or the Website by User. User shall bear the risk and responsibility of such use. 

10.6 User can download the Application from the App Store for the Apple devices or Google Play (Play Store) for the Android devices. However, K Fry shall not be responsible for the damage to or the malfunctioning of mobile devices of User which is caused by the installation of the Application on User’s mobile devices. 

10.7 K Fry shall not be responsible for the material published by User, board, chat room, or other free spaces on the Website or Application, and K Fry shall not have an obligation to guarantee, consider, or Approve such material published by any User. 

However, K Fry reserves the right to delete the material published by User without prior notice, if K Fry finds or considers that there is any possibility that by any such material User has done any of the following; 

1. Defamation, harassment, disturbance, stalk, intimidate, or any actions that can be considered as the violation of the privacy rights; 

2. Announce, post, distribute or spread the message, media, or information that constitutes defamation, obscenity or illegality; 

3. Post or upload the infected file, incomplete file, or software or program that may damage the System, the services of K Fry and/or the computer system or network of any third party; or 

4. The infringement of the copyrights, patents, or other intellectual property rights of any third party under the laws of Malaysia or international laws.

11. Advertisement 

11.1 K Fry may display the advertisement in any position on the Application, the Website or program while User is using the Services. 

11.2 User can freely select or click to view such advertised products or services according to User’s decision. 

11.3 The outside advertiser or the affiliated company may install or recognise a “cookie” on User’s web browser. This “cookie” will not keep or link to the personal information of User. If User needs more information about such process and will not allow any companies to use such information, please see the Privacy Policy in section 6. 

12. The compensation and compensation for damages 

User agrees to indemnify K Fry from and against all loss, damage, liability and expenses that K Fry suffers or incurs as a result of; 

12.1 The redemption of K'oins by User or the prosecution of or a claim against K Fry by anyone as a result of: The using of Services or Application by User; or The using of Services or Application by a third part using User’s registration ID, Or 

12.2 The User violating or breaching any provision of these Terms and Conditions.

13. Force Majeure 

K Fry shall not be liable for the delay or the breach of the Terms and Conditions due to the fire, flood, other natural disaster, accident, riot, war, state intervention, strike, labor problem, device malfunction, or any other events that are out of the control of K Fry. 

14. No Guarantee, The Exemption of Liability and The Release of Liability

14.1 No Guarantee 

(1) Unless an Applicable law specifies otherwise, K Fry has no special relationship with or duty to the User. User acknowledges that K Fry has neither the power to control nor an obligation to perform any duties for any User, and that K Fry has no liability whatsoever in relation to the Services which the User receives or the results or outcome which User receives from the Services or the effect of such results or outcome on the User or any actions taken by the User as a result of receiving the same. 

(2) The Services may include a link to another website which contains information that User or some other objects to. For this reason, K Fry cannot guarantee the details of any content that Appears on or can be accessed by using the Services and K Fry shall not be responsible or liable for the correctness or suitability of such content, or any breach of copyright or other rights or the legality or suitability of such content.

(3) The Website, the Application and the Services, as well as all content therein, are provided on an “as is/where is” basis without any direct or implied covenant or guarantee of any kind. 

(4) K Fry, its directors, shareholders, employees, agents, representatives, and K Fry developer and business partners shall not guarantee that; 

(a) The Services will be safe and can be used anywhere or anytime; 

(b) Any deficiencies will be corrected; 

(c) User will be satisfied with the Services as expected; or 

(d) User will receive the Rewards from K Fry, or that Rewards will have the color, quality, quantity, or qualification the same as what is shown as announced in the Campaign. 

User is the sole person who bears the risk of K Fry from using Application, Website, Services, and their respective content. 

14.2 The Exemption of Liabilities 

K Fry shall not be liable for (a) the loss of K'oins, income, profits, reputation, business or opportunity by User as a result of using or accessing the Application, the Website or the Services, or (b) any damage, loss or expense suffered or incurred by User as a result of (i) using or accessing the Application, the Website or the Services, or (ii) and error of information, or the commission of any sort or breach of these Terms and Conditions. 

14.3 Waiver 

(1) User agrees to irrevocably release K Fry from all liabilities or damages that occur to User as a result of using the Services, Website, Application, or Campaign. 

(2) Developer agrees to release K Fry from all liabilities for the damages that occurred to User as a result of messages or contents Appeared on Application or the Website.

(3) Developer agrees to release K Fry from all liability related to the relationship between User and K Fry. 

15. Miscellaneous 

15.1 Titles 

Titles that are used in these Terms and Conditions are for the convenience of reference only and are not considered as part of these Terms and Conditions and the titles shall not affect the interpretation of these Terms and Conditions. 

15.2 Non-Partnership and Agent 

The User is not an employee, agent, joint venturer or partner of K Fry for any purpose, and no part of these Terms and Conditions will be interpreted to the contrary. Neither K Fry nor User has the power to do anything on behalf of the other party in order to incur the liability for the obligations, expenses, entering into a contract, or representing the other party. 

15.3 Applicable Law

This Terms and Conditions shall be construed under the laws of Malaysia. The courts of Malaysia shall have the exclusive jurisdiction to determine all disputes. 

15.4 Communication 

All communications or submissions of complaints regarding the K Fry App shall be made by the email us at askme@kfry.my 

15.5 Intellectual Property 

Content on the Application or Website including information, computer program, picture, graph, video, font, graphic, music, sound, or else (collectively referred to as “Contents”) are protected by the laws of copyright, trademark, patents or other enforceable legal rights. All Content is the copyright of K Fry and User cannot reproduce, adapt, delete, add, publish, forward or take part in transferring or selling, subject to an instalment plan, or lease or modify into other works, in whole or in part, such Content except with the express prior written consent of K Fry. 

15.6 No Rights of The Third Party 

Notwithstanding anything contained in this Agreement, this Agreement is not binding on and does not give any rights to any third parties or give the right to enforce any rights the third party may be stated to have under this Agreement.