Legal Information & Notice
The following Brown Gift Card Agreement describes the terms and conditions that apply to the prepaid account of your Brown Gift Card. By using your Brown Gift Card, you agree to the terms of this agreement. Please keep a copy of this agreement.
The Brown Gift Card is issued to you by Brown Coffee Co., Ltd and it allows you to load a dollar value onto your Brown Gift Card for future purchases at participating Brown Coffee stores. The dollar value that you load onto your Brown Gift Card is a prepayment only for the goods and services of participating stores. No credit card, credit line, overdraft protection or deposit account is associated with a Gong Cha Card. GongTea Card is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to a Gong Tea Card will accrue or be paid or credited to you by Brown Coffee.
Most Brown Coffee stores accept your Brown Gift Card. For an up-to-date list of stores that accept the Gong Cha Card, call (+855) 23 214 089. We reserve the right not to accept any Brown Gift Card or otherwise limit use of a Brown Gift Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
You can currently apply and top up a dollar value on the Brown Gift Card by visiting any participating store only. Any updates of this loading process will be posted on our website. You’ve choice to load $5, $10, $15 and $20 worth of value to your Brown Gift Card.Brown Coffee may change the maximum and minimum amounts at any time by notifying you at the point of sale (POS) of each Brown Coffee store by phone when you call or on the Brown Coffee website.
All amounts loaded onto your Brown Gift Card are held and denominated bothRiel (Cambodian Currency) and US Dollars. Currency conversions are based on currency exchange rates applicable on the date of the transaction set by Brown Coffee.
The Card has no expiration date but any changes or upgrading will inform to card holders.
Cardholders are not sent statements of itemized transactions from a Brown Gift Card account. You can ONLY check the balance of your Card or review recent transactions on your Card at a point of sale at the physical. The account balance for a Card also will appear on your receipt from a point-of-sale register. When you use your Brown Gift Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will show that the purchase was made using the Card and will provide the remaining balance.
We reserve the right to correct the balance of your Card account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Card, please call Customer Service at (+855) 23 214 089. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 30 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Because your Card is used like cash for purchases from Brown Coffee stores, you are responsible for all transactions associated with your Brown Gift Card, including unauthorized transactions. However, if your Card is lost, stolen or destroyed, the Card can be replaced at our store by registering a new card with your remaining balance. Please notify us immediately if you change any of your registration information.
If your Card becomes lost, stolen or damaged, you should contact us immediately by calling (+855) 23 214 089. Your Card balance is only protected from the point in time you notify that it is missing. We will freeze the remaining balance on your Card at the time you notify us and will load that remaining balance on a replacement Card.
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. If you have registered your Card, we will notify you of any change, addition or deletion by email. In addition, we will post the terms to the modified agreement on our website. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our website or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice, or (2) you use your Card after such notice period. If you do not accept the changes, additions or deletions, your Card will be cancelled and any amounts remaining on your Card will be refunded to you.
We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Card. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Card account less any amounts that you may owe us.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your use of the Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding
You must first present any claim or dispute to us by contacting our Head Office to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the Cambodian Arbitration as modified by this agreement. Parties shall be bound by the arbitration award rendered in accordance with such arbitration, as the final adjudication of any such dispute, controversy or claim.
All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Cambodia.
Brown Coffee and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Brown Gift Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Brown Coffee does not represent or warrant that your Cards will always be accessible or accepted.
In the event that Brown Coffee or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Brown Gift Card. Brown Coffee and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Brown Coffee or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Brown Gift Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
We may assign all or part of this agreement without such assignment being considered a change to the agreement and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
This agreement is the complete and exclusive statement of agreement between you and Brown Coffee Co Ltd, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
if you have any questions regarding this agreement or your Brown Gift Card, please visit our web site at https://www.browncoffee.com.kh/page/Brown_Gift_Card or call us (+855) 23 214 089.