2. Site Transactions
2.1. We reserve the right to refuse any order you place with us. All purchases are subject to availability and we may, in our sole discretion, limit or cancel quantities purchased, even if you have already placed your order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/home number provided at the time the order was made.
2.2. Unless otherwise indicated, all prices displayed on the Site are in Malaysian Ringgit and do not include shipping fees or applicable sales taxes, and all charges will be processed in Malaysian Ringgit. All prices are subject to change without notice and prices displayed on the Site may vary from those in stores or from store-advertised prices. Occasionally, a small number of items on the Site may be mis-priced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. Please also note that while we have tried to accurately display the colours of our products, the actual colours you see on our Site will depend on your monitor. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologise for any inconvenience.
2.3. Additional terms may apply to your order that will be made available to you on the Site before you place your order. Please refer to our Shipping and Return policies on the Site to learn more about our shipping terms and return policy.
3. Intellectual Property Rights
3.2. You agree that with respect to any copy or download of the Materials, you will reproduce and include all copyright and/or other proprietary notices included in such Materials. The licenses granted hereunder immediately terminate in the event of improper use of the Site and the Materials. Users acknowledge and agree that any and all misappropriation or misuse of the Materials and/or any other information contained on the Site will cause irreparable harm to illy Malaysia and that in such event money damages will not constitute sufficient compensation to illy Malaysia. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Materials and/or any other information contained on the Site, you specifically consent to illy Malaysia obtaining injunctive relief against you in addition to any other legal or financial remedies to which illy Malaysia may be entitled.
3.3. “illy”, the illy logo and other illy Malaysia product or service names, logos or advertising slogans that may appear on the Site are trademarks or registered trademarks of illy Malaysia, and/or our affiliates or subsidiaries, and may not be used, in whole or in part, without the prior written permission of illy Malaysia. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners, and may not be used, in whole or in part, without the prior written permission of the applicable owner. illy Malaysia and all other intellectual property owners have exclusive rights to use their respective intellectual property.
4. Responsibility For User Content
4.1. You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, through our User Services or otherwise, and the accuracy thereof, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, “User Content”).
5. User Content Submissions and Limitation of Liability
5.2. By submitting User Content to illy Malaysia, you represent and warrant that:
5.2.1. You understand you are participating in a public forum and that your User Content will be available to all other users of the Site, the User Services and potentially Third Party Sites.
5.2.3. You forever waive all “moral rights” that you may have in such User Content as well as any rights of attribution or identification as the author of the User Content that you submit, or any derivative works of or upgrades or updates thereto;
5.4. For any User Content that you submit, you grant illy Malaysia the right to pursue at law any person or entity that violates your and/or our rights in such User Content.
5.5. You also represent and warrant that any User Content you submit:
5.5.1. Is not false, inaccurate or misleading;
5.5.2. Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
5.5.3. Does not violate any obligations you may have with respect to such User Content under any law or under contractual or fiduciary relationships;
5.5.4. Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
5.5.5. Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libellous, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically, sexually or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation, or promote criminal, immoral or illegal activity;
5.5.6. Is not submitted for compensation or other consideration, except as may be otherwise permitted in writing by illy Malaysia;
5.5.7. Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
5.5.9. Is not unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
5.5.10. Does not contain any software, worms or other potentially damaging computer programs or files; and
5.5.11. Is not confidential to you or any third party.
5.6. illy Malaysia assumes no liability for and does not endorse User Content or opinion, recommendation or advice expressed therein, and illy Malaysia disclaims all liability with respect to User Content, nor does illy Malaysia guarantee the accuracy, integrity or quality of the User Content.
5.7. If your User Content includes ideas, suggestions, documents or proposals to illy Malaysia through the User Services, (a) such User Content is not confidential or proprietary and illy Malaysia has no obligation of confidentiality, express or implied, with respect thereto; (b) illy Malaysia may have something similar to that User Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such User Content from illy Malaysia . Do not send illy Malaysia such User Content if you expect to be paid or want to continue to claim rights in such User Content.
6. Guidelines for User Services
6.1. We value your interaction with us and highly encourage you to contribute your comments, ratings, reviews, opinions, ideas, questions and answers, images, videos, recipes, stories and other content. In order to participate constructively in our User Services, please consider the following guidelines:
6.1.1. Be respectful. Everything you post should make a positive contribution and should be appropriate for viewing by all site visitors;
6.1.2. Stay on topic. Relevant and insightful contributions raise the overall value of the site experience; and
6.1.3. Be honest. We ask that you be sincere in your participation by contributing content you know is accurate, based on your individual experience.
6.2. You may not use our User Services to impersonate any person or entity, including, without limitation, any illy Malaysia official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity.
7. Copyright Complaints
7.1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement in accordance with applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). Without limiting the foregoing, we have adopted the following policy toward copyright infringement with respect to the Site in accordance with the DMCA. Please note that repeat copyright infringers may have their access to the Site terminated. If you believe in good faith that any content residing or accessible on the Site infringes your copyright rights, you may request removal of those materials (or access thereto) from the Site by sending a notice of copyright infringement to:
7.2. Customer Care Manager Email:
Phone: +603-2615 2645
Address: Intuitive Intelligence, Level 26, Menara Maxis, 50088 Kuala Lumpur
7.3. Your notification should include the following information:
7.3.1. Describe the copyrighted work, and, where possible, include a copy or the location (e.g., URL) of an authorised version of the work and an identification of the content on the Site that you believe to be infringing and its location (e.g. URL);
7.3.2. Contact information about the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed (the “Notifying Party”), including name, address, telephone number and e-mail address;
7.3.3. A statement that the Notifying Party has a good faith belief that the complained use of the work is not authorised by the copyright owner, its agent, or the law;
7.3.4. A statement made that the information provided in the notice is accurate and that, under penalty of perjury, the Notifying Party is the copyright owner or is authorised to make the complaint on behalf of the copyright owner; and
7.3.5. The Notifying Party’s physical or electronic signature.
7.4. We may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site, consistent with applicable law. Users who believe they are the wrongful subject of a copyright takedown notice may file a counter-notification.
8. Links and Other Websites
12. Limitation of Liability
12.2. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ILLY MALAYSIA IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH (I) THE WEBSITE POLICIES OR ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, OR YOUR USE OR INABILITY OF USE THEREOF, ILLY MALAYSIA’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO; OR (II) ANY PRODUCT SOLD THROUGH THE SITE, ILLY MALAYSIA’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.
13. Exclusions to Limitations on Liability and Disclaimers
14.1. The Site is not targeted towards, nor intended for use by, anyone under the age of 18. You must be at least age 18 to access and use the Site.
15.2. You are responsible for safeguarding the password that you use to access the Site and User Services and for any activities or actions under your password. You will not provide any false personal information on the Site or create an account for anyone other than yourself without permission. You agree to immediately notify us of any unauthorised use of your password or any other breach of security.
15.3. By registering an account you agree to the use of your personal information for the purposes of communicating to you marketing and promotional information or materials about our products and/or services and/or any promotions, events, contests or other marketing activities organised by us. Should you wish to opt-out of marketing activities please or simply unsubscribe from the footer of any email communications sent.
19. Applicable Law and Jurisdiction
21. Supplementary Terms and Conditions
21.1. These terms and conditions (T&C’s) is applicable to your subscription plan agreement with illy Malaysia . By agreeing to purchase the illy Malaysia subscription plan you accept these supplementary Terms and Conditions.
21.1.1. Coffee Subscription Plan
21.1.2. Coffee Machine Subscription Plan
21.2. Who can subscribe?
21.2.1. Customers of illy Malaysia above 18 years of old.
21.3. How do the payments work?
21.3.1. Your illy coffee subscription which will be charged to you through a monthly fee. This monthly fee is fixed and varies depending on the subscription plan you selected in our website.
21.4. Unsuccessful payments
21.4.1. If you fail to pay the monthly fee, the automated system will reattempt again until successful for three consecutive days. If no payment is received your subscription will then be terminated.
21.5. User security validation
21.5.1. We reserve the right to validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. This is done to ensure proper controls is in place in the event of misuse and abuse of your account.
21.5.2. We also reserve the right to perform a credit check. By accepting these supplementary Terms and Conditions you consent to such checks being made. In performing these checks, personal data provided by you may be disclosed to a registered Credit Reporting Agency who may keep a record of that information.
21.6. Termination of subscription
21.6.1.Please and we will be able to assist you. You will not be entitled to a refund for any monthly fees already paid at the date of termination.
21.7.1. Illy Malaysia reserves the right to change the subscription Terms and Conditions at any time and at our sole discretion.
21.8. ILLY MALAYSIA COFFEE SUBSCRIPTION PLAN
21.8.1. How much is it?
18.104.22.168. The amount you pay will vary depending on the subscription plan you select and will be fixed on a monthly basis.
21.8.2. When are payments due?
22.214.171.124. The first monthly payment is due at the time you sign up to your illy coffee subscription plan. The monthly fee is to be paid by credit/debit card. The subsequent monthly fees will be payable every month on the same day of the month as when your subscription was activated if you pay by credit/debit card.
21.8.3. Is there a minimum order to be subscribed?
126.96.36.199. No. However, any purchase below RM300 will not be eligible for free delivery, thus will be borne by the customer.
21.8.4. Can I cancel my subscription plan?
188.8.131.52. Yes, the coffee subscription plan can be cancelled at any time with no additional charge to you. This can be done via email () for assistance or you can do so yourself via the self service portal under “my subscription” in the “my account” tab.
21.9. ILLY MALAYSIA COFFEE MACHINE SUBSCRIPTION PLAN
21.9.1. How much is it?
184.108.40.206. The amount you pay will vary based on the type of coffee machine of your choosing and the type of plan in the website.
21.9.2. When are payments due?
220.127.116.11. The first monthly payment is due at the time you sign up to your illy coffee subscription plan. The monthly payment is to be paid by credit/debit card. The subsequent monthly fees will be payable every month on the same day of the month as when your subscription was activated if you pay by credit/debit card.
21.9.3. What is the duration of the coffee machine subscription plan?
18.104.22.168. 24 months. This duration is subject to change upon introduction of other plans & promotions in the future.
21.9.4. Cancellation Penalties
22.214.171.124. If you decide to end your coffee machine subscription plan before 24 months period, you will be required to pay a penalty of an early termination fee. The fee will vary depending on the subscription plan that you have opted with Illy Malaysia. However, you will not be entitled to a refund for the monthly payment already paid at the date of termination.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” BUTTON BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH CARRY THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
Last updated: 7 APRIL 2020