Brown Card Terms of Use

Legal Information & Notice

updated: 2020-Auguast-05
សូមចុចទីនេះសំរាប់ភាសាខ្មែរ

Brown Gift Card Terms & Conditions

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.



About Brown Gift Card

The Brown Gift Card is issued by Brown Coffee Co., Ltd (the “Company”) and it allows Cardholder to top-up a dollar value onto the Brown Gift Card ​in a form of prepayment to use for any purchase of goods and service inside the participating Brown Coffee stores. Brown Gift Card is nonrefundable and may not be redeemed for cash. No interest dividend or any form of earning on the fund deposit in the Brown Gift Card shall accrue or be paid or be credit by Brown Coffee to the Cardholder.

All participating Brown Coffee stores use and accept your Brown Gift Card and Company reserve the right not to accept any Brown Gift Card or otherwise limit the use of a Brown Gift Card if Company have sufficient ground to reasonably believe that such use is unauthorized, fraudulent or otherwise unlawful. For a further up-to-date list of Brown stores that accept the Brown Gift Card, please call (+855)​ 23 214 089.


Topping Up the Brown Gift Card

The Cardholder can top up a dollar value onto the Brown Gift Card by visiting any Brown Coffee store with the option of $5, $10, $15, and $ 20 worth of value. The maximum and minimum amount of the top-up may change from time to time under the sole discretion of Brown Coffee and shall be notified to each Cardholder at the point of sale (POS) or through leaflet notice in Brown Coffee Store or by phone when you call or on our website.

All amounts loaded onto your Brown Gift Card are held and denominated both Riel (Cambodian Currency) and US Dollars. Currency conversions are based on currency exchange rates applicable on the date of the transaction set by Brown Coffee.

Any future updates of the top-up method will be posted in our Mobile App and our website.


Expiration of Brown Gift Card

The Brown Gift Card and its account balance has no expiration date and any changes or upgrading will inform the cardholders.


Receipt and Statements

Cardholders are not sent statements of the itemized transactions from the Brown Gift Card account. The recent transaction and the account balance could be checked by Cardholders through the Mobile App or shown on the machine at the POS of Brown Coffee Store or through our website. The receipt will show the account balance and name of the Cardholders if the Brown Gift Card is used to process the transaction and no signature is need on the receipt.


Billing Error and Corrections

Company reserve the right to correct the balance of your Card account if we believe that there is a clerical or billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you disagree on any transaction or correction that has been assessed against your Card, please call Customer Service at (+855)​ 23 214 089. Inspection and verification will be conduct upon received such a request from the cardholder and our team shall correct over such error (if any) or provide an explanation if no such error occurs after finalize the investigation. We shall hold no liability on any concerning billing error which reported to us after 30 days counting from the date of the transaction. Cardholders shall responsible on monitor your personal card account and balance after each transaction.


Liability of Unauthorized Transactions

As the Card is used like cash for purchases from Brown Coffee stores, you shall responsible for all transactions associated with your Brown Gift Card, including unauthorized transactions. If your card is lost or stolen or damaged, please contact us immediately by calling (+855)​ 23 214 089. Your Card balance shall only be protected from the point in time you notice 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. Please notify us immediately if you change any of your registration information.


Amendment

We may amend the terms of this agreement at any time, including any rights or obligations on the use of Brown Gift Card that you or we may have. The notification on any change or deletion shall be notified through email if you have registered your card as well as through our website. As permitted by applicable law, any change or deletion shall be applied to your existing and future cards and shall become effective at the time we the modified agreement is publicly posted on our website or as otherwise notified by email to you. You are deemed to accept the changes 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, your card will be canceled and any amounts remaining on your Card will be refunded to you. (Note: this offer only applicable in certain exceptional case).


Cancellation

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.


Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Cambodia.

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 first settlement by peaceful negotiation.

Any claim or dispute shall be present to us by contacting our Head Office to allow us an opportunity to resolve the dispute through a mutual discussion and negotiation. If your claim or dispute cannot be resolved within 60 days, the arbitration shall be conducted in the National Commercial Arbitration Centre in Phnom Penh by three arbitrators appointed in accordance with the said Rules of Arbitration.

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, preparation and presentation of evidence at the arbitration.


Limits of Liability

Each Brown Gift Card sold by the Brown Coffee or any of its affiliates has been in conformity with all applicable contractual commitments and neither the Company nor any of its affiliates have any other liability for unauthorized access or alteration or theft or destruction of the card through accident or 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.

In the event where such default is responsible by Brown Coffee or its affiliates, such claim only for the leftover account balance which were existed in the Card.


Assignment

Brown Coffee Co Ltd at its sole discretion to assign or transfer the rights under this agreement whether in whole or in part to any person or to any third-Party without prior consent and written notice of the Cardholder. 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.


Entire Agreement

This agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this agreement.

In the event that part of this agreement or any clause of this agreement shall be declared invalid or void or unenforceable under applicable laws, such invalidity or unenforceability shall not affect any of the remaining clauses of this agreement which are hereby declared and interpreted as still valid and enforceable to carry out the intent of the parties until the termination of the agreement.


Inquiries or Questions

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.