SERVICE AGREEMENT

“Tisha's Food Website Privilege Program” (hereafter called the SERVICE) refers to the member - exclusive service provided by Tisha's Food Manufacturing Sdn. Bhd. and its affiliated companies (hereafter called the COMPANY) for members. This AGREEMENT is made and agreed to between YOU and the COMPANY.

1. DECLARATION

1. YOU confirm that YOU have full knowledge, understanding, and acceptance of all the terms and conditions of this AGREEMENT upon registration as Tisha's Food Privilege Member. YOUR successful registration for and use of the SERVICE constitutes YOUR consent to be bound by this AGREEMENT.

2. YOU agree that the COMPANY reserves the right to amend this AGREEMENT at any time, in the COMPANY’s sole discretion, by posting any such amendment(s) to the COMPANY’s website without prior and separate notice. YOUR continued use of the SERVICE after amendment to the AGREEMENT is posted will be deemed as full knowledge and acceptance of the revised AGREEMENT. If YOU do not agree to any such amendment(s), YOUR sole recourse shall be to cease using the SERVICE.

2. TISHA’S FOOD PRIVILEGE ACCOUNT

1. Tisha’s Privilege is open to individuals who are 18 years of age and above. Only residents of Malaysia can apply for membership. No annual fee will be charged for Tisha’s Privilege at the moment. However, in order to be upgraded to Tisha’s Privilege, you need to spend minimum RM10 on any Tisha’s Products from the website. There will be no physical card as the virtual card will be provided automatically on the website after account creation and upgraded to Tisha’s Privilege (refer to ‘My Account’ section after logged in). Customer cannot cancel their membership unless through a discussion with Tisha’s HQ personnel. If customer cancel the privilege, all the credits/ bonus/ loyalty points will become invalid with “0”. Customer can register as a member at Tisha's Food Website https://www.tishasfood.com.my. Mandatory information during registration (create account on website): -

a. Name (First Name & Last Name)

b. Gender

c. Date of Birth

d. Email

e. Password

2. “Tisha's Food Website Privilege Member”: Each member will carry a virtual membership card in the website ‘My Account’ section and YOU may sign in for the purpose of enquiry and calculation of points or for redeeming other related benefits.

3. Tisha’s privilege service: Tisha's Food Privilege Membership service offered by the COMPANY includes:

a. Point accumulation for Tisha’s Privilege Member: For every RM1 worth of purchase, Tisha’s Food Privilege Member will earn 4 points.

b. Point redemption for Tisha’s Privilege Member: Points can be redeemed for purchases through website only. The conversion rate is: 200 points – RM1. Minimum redemption is a block of 200 points which is equal to RM1 credit and members can only convert the points to purchase Tisha’s Products only on Tisha’s Food website.

c. Member events and discount benefits.

d. Other benefits (special discount with the collaborated merchants/vendors).

4. “Member” or “Members” means individual(s) who has been accepted by Tisha’s Food as participating member(s) of the Tisha’s Privilege Program in accordance to the Terms and Conditions set forth herein; “Membership” means membership to the Program in accordance to the Terms and Conditions herein; “Points” means the points awarded to

Members for purchases and redemption of Rewards on Tisha's Food Website (https://www.tishasfood.com.my/); “Program” means the Tisha's Food Privilege Membership Program operated by Tisha's Food Manufacturing Sdn. Bhd.; “Rewards” means the vouchers, products, services, rewards, gifts or other benefits made available by Tisha's Food under a rewards program established by Tisha's Food Manufacturing Sdn. Bhd. which may be redeemed by Tisha’s Privilege Members.

5. These Terms and Conditions (including the Policy on Privacy and Data Protection) govern the award and use of Points by Tisha’s Food Privilege Members, and set out the terms of the agreement between Tisha's Food and each Tisha’s Privilege Member with regards to the Program. A person intending to participate in the Program can sign up and register for the Program with Tisha’s Food by applying for Tisha’s Privilege Membership and can then earn Points on various purchases on Tisha's Food Website (https://www.tishasfood.com.my/). By applying to register with the Program on the website, a Tisha’s Privilege Member is deemed to have accepted these Terms and Conditions. Tisha's Food may, in its sole discretion decide and without the need to assign any reason, refuse an application made by any person to be a Member.

6. Tisha's Food reserves the right to, at any time, vary or terminate the Program or any privileges under the Program or withdraw the membership from use without prior notification to Tisha’s Privilege Members and without being liable in any way to Tisha’s Privilege Members. Tisha's Food may, at its sole discretion, remove any or all Members from the Program at any time.

7. The Program is operated by:

Tishas Food Manufacturing Sdn. Bhd.

Company registration : 1128326-A

Address : Block A-0-3, Inkubator Teknologi Makanan MARA (INTEM), Jalan KIP 2, Kawasan Perindustrian Kepong, 52200 Kuala Lumpur

Website : https://www.tishasfood.com.my/

Contact : +6017-8272372

Email : info@tishasfood.com.my

3. TISHA’S FOOD PRIVILEGE VIRTUAL MEMBERSHIP CARD

1. Members can see the virtual version of the membership card via website after account creation is completed and is logged-in. This is only valid for members that have upgraded to Tisha’s Privilege membership, basic member/non-member will not see any virtual card. Please be informed that the website membership account is non-transferable. It is not a credit card, debit card or a charge card. If customer cancel the membership, all the credits/ bonus/ loyalty points will become invalid with “0”.

2. The purpose of the virtual card is for illustration purpose only and to identify category of membership. It cannot be used in any other participating Merchants’ outlets or at such places or on such items as Tisha's Food may specify from time to time.

3. Membership card (virtual) must not be presented to the cashier of the Tisha’s Food outlets or any participating Merchants’ outlets.

4. TISHA’S FOOD PRIVILEGE MEMBERSHIP POINT

1. There shall be no accumulation of Points for backdated receipts, special savings, offers, bulk purchases and sales, unless otherwise stated.

2. POINT ACCUMULATION WILL BEGIN FROM 15^TH June 2023 until 31^st June 2023. Members are advised to keep all receipts for at least 6 months of each qualifying period in the event of discrepancies in the accumulated Points.

3. Point accumulate will only be converted to credit value RM1 when it reach 200 points and above. Conversion will COMMENCE automatically right after the points are enough to redeem RM1 and above.  You can redeem during the checkout process.

4. Points will be awarded at the rate agreed by Tisha's Food when a Member purchases Tisha’s Food Products on website within 24 hours’ time. Tisha's Food may alter the method and rate at which Points are awarded at its discretion from time to time and Tisha's Food may revise from time to time.

5. Points WILL NOT BE AWARDED for the certain items under the Company’s discretion from time to time.

6. Point balance after conversion will be carried forward. There is no expiry for the point accumulated.

7. There will be no expiry date for Tisha’s Privilege Membership, however if there are no purchase made on website within one year we reserve the rights to cancel your Tisha’s Privilege Membership.

8. Redemption of Points will be processed after the application details for redemption has been received by Tisha’s Food. Once redemption has been accepted by Tisha's Food, it cannot be canceled, exchanged or returned.

9. Points cannot be exchanged for cash and can only be used for redemption of Tisha’s Food Products only on website (https://www.tishasfood.com.my). Tisha's Food vouchers may be redeemed by a Member using Points.

10. Points cannot be redeemed until the rules stated above are fulfilled and until they are credited into the Membership account of the Member. Points will be recorded in the Member’s account only after Tisha’s Food has notified the details of the relevant transaction which Points are issued.

11. Points redemption subject to the Member complying with the procedures for redemption. Spend RM1 on any Tisha’s products on website and you will be awarded 4 points.

5. PRIVACY PROTECTION

1. YOUR acceptance of this AGREEMENT or YOUR act of using the SERVICE constitutes YOUR consent to the use, application and disclosure of YOUR personal information by the COMPANY according to the following provisions and the Privacy Policy.

2. YOU are required to set a password upon registration as identification of YOUR Tisha’s Food Privilege Membership. Security question and the answer to it shall be provided for password recovery. The password is the sole means by which YOU get access to YOUR account. Once YOU divulge YOUR password to others, YOUR personal identification information may subject to theft, thus leading to legal consequences to YOUR disadvantage. Should YOU sense any potential or realistic threat, arising from whatever reason, to the application of YOUR username and password, YOU shall contact the COMPANY immediately, and shall not hold the COMPANY liable for any loss or damage incurred prior to the COMPANY’s action against the threat.

3. Tisha’s Food reserves the right to block a Member from accessing his account online if Tisha's Food has reasonable grounds to suspect that fraud or misconduct has been committed by the Member or a third party. While Tisha's Food uses reasonable efforts to include up to date information in the Website and in all its publications, Tisha's Food makes no warranties or representations as to their accuracy, reliability, completeness or otherwise.

4. Tisha’s Food Privilege Membership system is using EasyStore loyalty platform as technology provider. By registering, you are also deemed to accept the terms and conditions of EasyStore loyalty platform.

6. SYSTEM HALT OR FAILURE

1. The COMPANY shall not be liable for any loss or damage in the event of system halt or non-performance of the SERVICE as a result of the following causes:

2. Servers are down for maintenance with relevant notice posted on the Tisha’s Food website or any social media platform by the COMPANY;

3. Data communication fails as a result of telecommunication equipment failure;

4. The COMPANY’s system fails due to circumstances beyond its reasonable control, including typhoon, earthquake, tsunami, flooding, electrical power failure, war, acts of terrorism, and other force majeure incidents.

5. Service is interrupted or delayed for reasons such as hacker attacks, technical adjustment or system breakdown on the part of telecommunication providers, website upgrades, technical difficulties with banking systems, etc.

7. LIMITATION OF LIABILITIES

1. The COMPANY is responsible only for obligations expressly stated in this AGREEMENT.

2. The Tisha's Food Privilege Membership user data is offered by the user on voluntary basis. The COMPANY does not guarantee the accuracy, timeliness, completeness of any information provided in connection with the SERVICE. YOU shall take full responsibility for YOUR own judgment.

3. Partners of the SERVICE are responsible for the quality and content of the service they provide, for which the COMPANY bears no liability.

4. YOU must evaluate and bear all risks associated with the use of any content downloaded or acquired through the SERVICE. YOU shall take full responsibility for any damage or loss of data on YOUR computer system caused by YOUR decision to download the information.

5. No advice or information, whether oral or written, obtained by YOU from the COMPANY or its staff, or through the service shall create any warranty on the SERVICE not expressly stated by the COMPANY.

6. To the extent permitted by law, the COMPANY shall in no event be liable for any indirect, punitive, special or incidental damages associated with or arising from this AGREEMENT, whether in breach of this AGREEMENT (including breach of warranty), tort or of whatever causes, even if the COMPANY has been advised of the possibility of such damages. The COMPANY disclaims any responsibility for the aforementioned damages notwithstanding any claim that a sole or exclusive remedy provided in this AGREEMENT may or does fail of its essential purpose.

8. TRADEMARK AND INTELLECTUAL PROPERTY RIGHTS PROTECTION

1. All intellectual property rights (including without limitation to trademark, patent, copyright, trade secret, etc.) of the Tisha's Food website and its content (including without limitation to the texts, photos, documents, information, reference, website framework, website graphics and webpage design) are owned by the COMPANY or its affiliated companies as permitted by law.

2. None of the programming information or content of the Tisha's Food may be used, revised, copied, transmitted, altered, disseminated, distributed or publicized without prior written consent from the COMPANY or its affiliated companies.

3. YOU are obliged to respect intellectual property rights, the breach of which may render YOU liable for damages incurred.

9. JURISDICTION

1. The law of Malaysia governs this AGREEMENT, the effectiveness, interpretation, modification, application and dispute resolution of which shall be dealt with in accordance with relevant provisions thereby, or pursuant to applicable international business convention and (or) prevailing industry practices in cases where the law of Malaysia fails to provide.

2. Any disputes arising from this AGREEMENT shall be dealt with in accordance with relevant law of Malaysia. Relevant lawsuits shall be filed to the people’s court of the place where Tisha's Food Manufacturing Sdn. Bhd. is located.

3. All Rewards and Gift Vouchers are subject to availability and further subject to all applicable legal rules and the terms and conditions (including priority level, selection criteria and limitations of liability) as imposed by Tisha's Food Manufacturing Sdn. Bhd.

4. Notification of any matter in relation to the Program shall be deemed given to Members if it is made via any one of the methods below:

    1. by posting on the Mobile app; Social Media; Website; SMS or

    2. by sending an email to Members who have provided email address to AA Pharmacy; or

    3. by publication in a newspaper; or

    4. Sending by ordinary post to the last known address of Members appearing in Tishas Food records

5. Tisha’s Food Manufacturing will only be liable to a Member (and not any other third party) who suffers loss in connection with the Program arising from Points being wrongly deducted or non-credit of Points entitled by a Member and in such a case, Tisha’s Food Manufacturing sole liability will be limited to crediting to the relevant Member’s account such Points which have been wrongly deducted or should have been credited but were not. Tisha's Food Manufacturing shall not be responsible where: (i) there is no breach of a legal duty of care owed to such Member by Tisha's Food or by any of Tisha's Food employees, staffs, authorized personnel or agents; or (ii) such loss or damage is not a reasonably foreseeable result of any such breach at the time Tisha's Food enters into this agreement with such Member; or (iii) any increase in loss or damage resulting from breach by such Member of the Program.

6. Tisha's Food and the Merchants are not responsible or liable to the Members for indirect, consequential or economic losses, loss of profits, loss of opportunity or punitive damages of any kind.

SIGN UP/LOG IN & SHOP NOW! (ONLY ON WEBSITE)

https://www.tishasfood.com.my/account/register