These terms and conditions govern your use of this Website & Online Store. By using the Website & Online Store and/or accepting the terms and conditions upon registering or creating an account on the Website & Online Store, you agree and accept, or deemed to have agreed and accepted and therefore to be bound by these terms and conditions (“T&C”) in full. If you disagree with all or any part of these T&C, kindly immediately cease or refrain from using or browsing the Website & Online Store.
There are two parts on this website, which the first part contains informative messages and information of Butter & Olive Pastry House whilst the second part is the online e-commerce store of Butter & Olive Pastry House (collectively to be referred as “the Website & Online Store”).
In the Website & Online Store, B&O Pastry House will make available products in relation to pastries and bakeries and related products and services.
i. “Agreement” means the T&C and other agreement concerning any activities or conduct via the Website & Online Store, howsoever formed or concluded be it in writing or orally or by virtue of conduct between the Purchaser and B&O Pastry;
ii. “B&O Pastry” means Butter & Olive Pastry House (OUG) Sdn Bhd, a company incorporated in Malaysia under registration number 1039186-K and having its business address at No 12, Jalan Hujan Emas 4, Taman Oversea Garden, 58200 Kuala Lumpur including all its related, associate, affiliate, holding and/or subsidiary corporations;
iii. "Purchaser" means the person or user, individual or entity who purchased, procured and/or obtained products or services through the products or services listed, advertised or found available in Website & Online Store which are made available, advertised or marketed by B&O Pastry where the terms “user”, “you” and “yours” shall mean the same and used interchangeably with “Purchaser” in the T&C;
iv. "T&C" mean the general terms and conditions set out in this document and (unless the context otherwise requires) and any other terms and conditions governing the use of the Website & Online Store and the e-commerce activities thereto;
v. “Website & Online Store” means the website and online e-commerce site or store owned and managed by B&O Pastry with an URL address identified as https://www.butterolive.com.my and known as “Butter & Olive” which would list, advertise and/or market products or services to be made available online by B&O Pastry.
1. Thank you for visiting and using our Website & Online Store. The manner and terms in using the Website & Online Store shall be governed by the T&C set out herein.
2. Upon registration and creation of user account in the Website & Online Store, your conduct in clicking the acceptance column of the T&C and by virtue of your conduct in browsing and using the Website & Online Store, such conduct shall constitute your full consent and agreement to the T&C and the Personal Data Protection Policy (“the PDP Policy”) and all other policies (if any), which ultimately and collectively shall form a legally binding and enforceable agreement between you and B&O Pastry. Further terms on the formation of a legally binding and enforceable agreement have been stated below.
3. If you do not accept any provisions in our T&C or PDP Policy, you should immediately cease all usage of the Website & Online Store and notify us to discontinue of any updates or incoming information which you have chosen to sign up, failing which you shall be deemed to have accepted and be bound by all the provisions contained in this T&C, PDP Policy and all other policies, if applicable.
4. We reserve our right not to accept and process any order, purchase or procurement of any services or goods that made available, found, advertised or marketed via the Website & Online Store. Your placement for order for goods or services in the Website & Online Store is subject to our final review and acceptance. However in the same time, we also reserve the right to discontinue at any time even after your order has been accepted through us and such discontinuance shall be without any liability to us save for refunds based on our refunds policy set out below.
5. Pursuant to the above, you agree to bear any additional fees based on and incidental to your requests including but not limited to your cancellation of order or customisation requests, if any.
B. FORMATION OF AGREEMENT
6. By providing and/or offering an online e-commerce facility to you and by browsing, purchasing or procuring the available products or services offered in the Website & Online Store, a contractual and/or intention to create a contractual relationship would have been established between you and B&O Pastry via such conduct.
7. The only agreement that would have been established between the Purchaser and B&O Pastry would be this T&C and no other agreements concerning the purchase or procurement of products or services via the Website & Online Store.
8. You will be provided with transparent and reasonable opportunity to you to notice, read and/or agree to our PDP Policy and other terms and conditions stipulated in our T&C upon or on or before:
i. browsing and/or using the Website & Online Store; and/or
ii. registered a user account.
Upon clicking “Agree” to the PDP Policy and/or the T&C, you agree to enter and form a legally binding agreement with B&O Pastry including but not limited to use the Website & Online Store in accordance to the T&C for the products or services procured through the Website & Online Store. Nevertheless, you may still read the T&C after registration of account and at all times.
9. You agree that by virtue of the aforesaid conduct in accepting the T&C and enter into such agreement with us, you have been given sufficient and reasonable notice, opportunity and effort to read the T&C and therefore shall not dispute the validity and legality of such agreement.
10. Any information made available in the Website & Online Store in connection with the supply of products, including photographs, drawings, data about the extent of the delivery, appearance, serial numbers, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the agreement the Purchaser acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
11. No variation to these T&C shall be binding unless agreed in writing between the authorised representatives of the Purchaser and B&O Pastry.
12. Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by B&O Pastry or its authorised personnel in the Website & Online Store shall be subject to correction without any liability on the part of B&O Pastry.
13. B&O Pastry may provide Purchaser with electronic documents such as tax invoice, receipt or any other document, subject to the standard operating procedure to be observed or amended by B&O Pastry from time to time.
14. If you do not agree to form such agreement with us after browsing, visiting and/or using the Website & Online Store for purchase of products or services after you have made your order, you shall immediately cease from using the Website & Online Store and notify us in writing about your intention to retract from being bound by such agreement subject to the any policies pertaining to refund or cancellation of order.
15. As such, by browsing, visiting or using the Website & Online Store after the acceptance of the T&C, you confirm your understanding of the T&C. B&O Pastry reserves the right to change, modify, alter, add or remove portions of the T&C at any time where such modifications will be effective when posted on the Website & Online Store without particular or specific notice in writing to you. Kindly check the T&C regularly for any recent updates from time to time.
16. It is hereby expressly provides that the agreement between the Purchaser and B&O Pastry would only be formed after the Purchaser purchased or procured the products or services and made full and final payment.
17. The Purchaser warrants and undertakes that he or she shall be the actual person that procure or purchase the products or services in the Website & Online Store as per the identity that registered with B&O Pastry. B&O Pastry shall bear no responsibility or liability whatsoever on any agreement established between the Purchaser and any third party. B&O Pastry does not provide indemnity or waiver of claim on such contractual responsibility or liability incurred between the Purchaser and any other third party under any circumstances whatsoever.
18. B&O Pastry will procure reasonable steps to verify the authenticity and accuracy of the products or services that have been made available, advertised or marketed in the Website & Online Store. However, B&O Pastry does not accept responsibility or liability towards any discrepancies, inconsistencies, mistake or error of the products or services that have been made available, advertised or marketed in the Website & Online Store whether on the content, sales description, usable or validity period and merchantable quality of the products or services or matter which is beyond the reasonable knowledge or inspection or effort of B&O Pastry.
C. LICENSE TO ACCESS & USE THE WEBSITE & ONLINE STORE
19. To use our Website & Online Store and/or services provided thereof, you must register with us by creating a user account on the Website & Online Store. You agree to provide honest, complete and updated information about the user account, including but not limited to your registration, payment and parcel collection details. If we have reasonable grounds to suspect that the information and/or data you have provided is misleading, inaccurate or fraudulent, we reserve the right to suspend or terminate your use of our services immediately without any further notice to you.
20. You shall be solely responsible for maintaining the confidentiality of the information and activities of your account. The sharing of your account with other persons may cause irreparable harm to us and we shall be indemnified against any loss or damages, including but not limited to loss of profits suffered as a result of the mishandling or misuse of an account.
21. You shall not create multiple user accounts with the intent to, including but not limited to, abusing the products or misusing the services available in the Website & Online Store. B&O Pastry shall not be liable for any loss or damages arising from your failure to comply with this provision.
22. Upon creating the user account, we agree to grant you a non-transferable and revocable license to use the Website & Online Store, under the T&C described, for the purpose of purchasing for all items available on the Website & Online Store. Commercial use or use on behalf of any third party is strictly prohibited. Any breach of these T&C shall result in the immediate revocation of the license without any further notice to you.
23. Any content provided in this Website & Online Store is solely for informational purposes. Product representations expressed in this Website & Online Store are merely for illustration purpose but those product representations would attempt to reflect the actual representation of the products as best as possible. Submissions or opinions expressed on this Website & Online Store are those of the individual or third party posting such content and may not reflect our opinions.
24. Certain services and related features that may be made available on the Website & Online Store may require additional registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
25. Every user of the Website & Online Store is solely responsible for keeping passwords and other account credentials or identifiers safe and secure. The Purchaser as the account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorised use of your password or account.
26. B&O Pastry shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with the aforesaid obligation.
27. Any information that you have submitted to the Website & Online Store and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions will become our sole and exclusive property. In addition to the rights applicable to any submission, when you post comments or reviews to the Website & Online Store, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
28. You also shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions. We may, but shall not be obligated to, remove or edit any submissions.
29. You are prohibited from using the Website & Online Store or its content:
a. for any unlawful purpose;
b. to solicit or encourage others to perform or participate in any unlawful acts;
c. to violate any international, federal, or state regulations, rules, laws, or local ordinances or any governmental policies, whichever is applicable;
d. to encourage and/or promote any illegal conducts or conducts that will against any public policy or morality;
e. to infringe upon or violate B&O Pastry’s intellectual property rights or the intellectual property rights of others;
f. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
g. to submit false or misleading information or data;
h. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website & Online Store;
i. to collect or track the personal information of others by using any methods whatsoever and whether such method is within or beyond the knowledge, control or management of B&O Pastry;
j. to stalk, harass, or otherwise harm another user of the Website & Online Store, B&O Pastry, our employees or third party.
30. We reserve the right to remove any content that is not in accordance to existing laws and regulations or is misleading and inaccurate without further notice.
D. TERMS OF PURCHASE ORDER
Acceptance of Purchase Order
31. The Purchaser is able to purchase or procure products or services at the price and currency displayed in the Website & Online Store. B&O Pastry will process your purchasing or procurement order and notify you on the status of the purchase order.
32. It is presumed or deemed that you have full knowledge and understanding of the details of the goods or services you are purchasing or procuring upon submission of your order as we will not be liable for any after sales issues resulting from misinterpretations of the descriptions and prices of the products purchased.
33. The Purchaser may search for the products or services that are available in the Website & Online Store and view related information about such products or services. We may also feature an offer as an advertisement in the Website & Online Store or any other social media mediums but such offer would not form a recommendation or endorsement on such offer.
34. B&O Pastry makes no guarantees or representations on the quality or nature of the products or services made available, advertised or marketed in the Website & Online Store.
35. While we attempt to ensure most products’ details are accurate to the best of our reasonable knowledge, there may exist some with typographical errors/ discrepancies/ mistakes which could be out of the knowledge of B&O Pastry. If there is a difference or discrepancy, B&O Pastry will inform you as soon as possible and you might be given any available option such as to top-up the order’s price difference and reconfirm the order at the correct price, or to cancel the order, depending on the available options or circumstances. We cannot guarantee the accuracy of goods and services’ information, including but not limited to price and stock availability. In circumstances where the order cannot be fulfilled, it may be cancelled and refunded subject to the T&C and/or manner stipulated herein.
36. Please note that there are cases when an order cannot be processed for various reasons or due to unforeseen circumstances. We reserve the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information before we can accept the order.
37. We are determined to provide the most accurate information on the Website & Online Store; However, errors may still occur, such as cases when the price of an item is not displayed correctly in the Website & Online Store. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion or decision, either to contact you personally by us for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed;
38. Please be informed that we may collect information and/or data based on your browsing activity or purchasing behaviour or pattern or style through the Website & Online Store;
39. The Purchaser agrees and shall indemnify B&O Pastry in full against all losses or damages including but not limited to loss of profit, costs whether incidental or material at all material times in using the Website & Online Store.
40. B&O Pastry does not, and is not conducting any illegal activities or conduct that against any legislations, regulations or policies that governing B&O Pastry and its business activities in the Website & Online Store. If you have any doubts or queries in making purchase via the Website & Online Store, you have the option and choice to clarify with B&O Pastry before doing so.
Promotional Campaign / Activities
41. B&O Pastry may run promotions from time to time, subject to additional terms and conditions, which can be found on the Website & Online Store and are hereby incorporated by reference into these T&C. The T&C of the individual promotion has to be met before orders are eligible to be made or placed, if any.
42. The promotions may include but not limited to limited-time sales, member-only discounts and promotion codes. B&O Pastry is under no obligation or responsibility to confirm your order placement within a stipulated time, and we shall not be held liable should the order not be placed within the prescribed promotion period.
43. Should the price has been altered, changed or modified after the promotion period or activity, you will be notified of the price difference and be given option to top-up the price difference to proceed with the order at its non-promotion price, or to cancel order subject to any administrative charges and/or in accordance to the T&C stipulated herein and/or any further terms and conditions imposed which might not be under our management, jurisdiction and/or care and control.
44. You will be notified on the promotion campaign and/or activity through the Website & Online Store from time to time and you shall observe, adhere and/or comply with any further terms and conditions set out by B&O Pastry in conjunction with any promotional campaign or activity.
Promo Code / Voucher
45. Subject to B&O Pastry’s discretion and liberty, B&O Pastry may issue promo code or voucher from time to time.
46. Promo code or voucher is not transferable, exchangeable, convertible or redeemable for cash. Any promo code or voucher must be utilised or used within the time frame or expiry date stipulated on the promo code or voucher itself or by way of announcement in the form of email, advertisement on the Website & Online Store to be determined by B&O Pastry. B&O Pastry shall not entertain any complaint or dispute regarding any expired or unused promo code or voucher after the stipulated time frame or expiry date.
47. Promo code or voucher may not be combined or accumulated with other offers or promo codes which will be specified by B&O Pastry.
48. Promo code or voucher may only be used pursuant to the specific terms that we establish for such promo code and you must enter the promo code into the “Promo Code” field or any other place designated or specified by B&O Pastry prior to completing the order.
49. Each promo code has its value in Ringgit Malaysia and only applicable throughout the Website & Online Store.
50. We reserve the right to withhold, deduct or remove credits or other features or benefits obtained through the use of promo code or voucher by you in the event that we determine or believe that the use or redemption of the promo code or voucher was in error, fraudulent, illegal or in violation of the applicable promo code terms or these T&C.
51. We reserve the right to change, suspend, cancel and/or waive the promo code or voucher and its applicable terms at any time and from time to time in our sole and absolute discretion without notice to you or liability to us.
52. B&O Pastry may perform the delivery of the products or services that are made available, advertised or marketed in the Website & Online Store or may engage third party contractor or service provider to perform the delivery.
53. All performance, conduct or responsibility pertaining to the delivery of products or services that were purchased or procured through the Website & Online Store would be borne by the Purchaser. Under ordinary circumstances, the Purchaser will be notified the delivery fees or charges upon checking out the shopping cart in the Website & Online Store.
54. To the best reasonable effort of B&O Pastry, unless those products that have been specifically indicated by B&O Pastry that require extra delivery days, otherwise B&O Pastry will arrange for delivery of products on the next day if the order is placed and paid before 3.00pm every day. If the order is placed and paid after 3.00pm, the delivery may only be arranged on two (2) days after. The Purchaser may choose the delivery date and time on the Website & Online Store.
55. Any dates quoted for delivery of the goods in the Website & Online Store are only estimation, if any. The time for delivery/performance shall not be of the essence of any agreement but merely reference, and B&O Pastry shall not be liable for any delay or late in delivery or performance howsoever caused by the delivery or logistic service provider.
56. If the service provider has failed to or delayed in delivering the products in accordance to the estimated delivery timeline shown in the Website & Online Store, it would be a prudent practice for the Purchaser to contact the relevant service provider to enquire and/or demand performance.
57. B&O Pastry does not accept or bear any responsibility or liability in respect of the undelivered or late delivery products and claim compensation for actual loss and expense sustained or loss of profit or economic benefits. B&O Pastry is also not liable or responsible for any losses or damages but we are committed to resolve the delivery issue(s) promptly and reasonably between you and the service provider, if the delivery is performed by third party service provider.
58. If the Purchaser fails to take delivery of the products despite full and final payment has been made then without prejudice to any other right or remedy available to B&O Pastry, the Purchaser should aware that B&O Pastry may sell the products or services to other purchaser.
59. The Purchaser is highly advised to and shall check, inspect or enquire with us on the terms in failing to take delivery before purchasing or procuring such products or services in the Website & Online Store.
60. B&O Pastry does not accept or bear responsibility or liability on the passing of risks or ownership or proprietorship of the products that have been purchased by the Purchaser regardless whether the Purchaser has made full and final payment or in the midst of delivery or acceptance of such delivery.
61. Whether the risks, ownership or proprietorship of the products or services purchased or procured in the Website & Online Store has been passed to the Purchaser or shall remain with B&O Pastry despite full and final payment shall be determined or resolved by B&O Pastry.
62. The Purchaser shall indemnify B&O Pastry against all losses damages, costs, expenses and legal fees incurred pertaining to the passing of risks or ownership or proprietorship of the products or services purchased or procured in the Website & Online Store.
Review, Comment and Feedback
63. Subject to the availability of such feature on the products or services, you may rate your online shopping experience or write a review.
64. By posting your rating and/or review in the Website & Online Store, you agree to grant us an irrevocable, non-exclusive, perpetual, royalty free and transferable license to use, reproduce, advertise, publish, display, list, remove, translate or edit your review, comment and/or feedback for any purposes including for marketing and promoting B&O Pastry in any formats including but not limited to Website & Online Store, social media, newspaper and others.
65. In doing so, you agree that no further consent is required and without the requirement of payment to you or any person claimed to represent you.
66. We would in our sole, absolute and irrevocable discretion to monitor, review or remove your rating or review if it is in our opinion that your review or rating has violated this T&C and/or any other circumstances that B&O Pastry thinks fit and just.
No Warranties & Remedies
67. B&O Pastry shall be under no liability for the following measures and actions taken by the Purchaser or any third parties and the consequences thereof: improper remedy of defects, alteration of the goods, addition and insertion of parts.
68. B&O Pastry shall be under no liability in respect of any defect arising from unsuitable or improper use or wrongful use by the Purchaser, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, misuse or alteration or repair of the products.
69. B&O Pastry shall be under no liability whatsoever in respect of any defect in the products under any circumstances whatsoever unless the defects were caused by B&O Pastry solely.
70. For avoidance of doubt, the Purchaser shall resort any issues including but not limited to monetary claim, validity period, state or condition of products or services and/or available remedy(ies) to B&O Pastry.
71. In the event B&O Pastry has provided replacement products or services or given the Purchaser a refund, the Purchaser has no further right to claim or demand against B&O Pastry for any losses, damages, costs and expenses or loss of profit.
72. The Purchaser shall direct or approach B&O Pastry for any after sales issues within twenty-four (24) hours from the time of receiving or accepting delivery of the products should the Purchaser has any queries and/or doubts on the products or services via email to firstname.lastname@example.org.
E. TERMS OF PAYMENT
73. You shall be entitled to make payment for the goods pursuant to the various payment methods set out in the Website & Online Store. The T&C applicable to each type of payment, as contained in the Website & Online Store, shall be applicable to the agreement.
74. B&O Pastry may make available or offer online payment solutions to the Purchaser via third party online payment solutions service provider(s) including but not limited to FPX, e-wallet, credit card, debit card and/or other possible payment options.
75. As the payment methods are made available by third party online payment solutions service provider(s), you agree and undertake to adhere to the terms and policies imposed by such service provider(s) via B&O Pastry.
76. B&O Pastry does not, and will not retain your banking, credit or debit card’s credentials or information. Any credit information collected during the course of purchase are merely to facilitate the transaction.
77. You must provide us with a current, valid and accepted payment method to use our services. By using our services, you agree to pay the price displayed or stipulated that you select and purchase or procure through such payment method. Despite that, this does not waive our right to seek further payment directly from you or through any other available methods should the payment method that you opt for fail.
78. You may choose to edit your payment method information by changing it on “Payment” page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information, you remain responsible for any unpaid purchases and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing date and an incomplete order. B&O Pastry would not process and take an incomplete order under any circumstances whatsoever.
79. The terms of your payment will be based on your payment method and may be determined by agreement between you and your financial institution, credit/debit card issuer or other provider of your selected payment method.
80. We disclaim and shall not be held all liabilities associated with the security of the payment method. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected payment method.
81. In the event there is any foreign currency being involved in the purchase or procurement of goods or services from the Website & Online Store, the current rate on that particular day of transaction shall be the final rate to be accepted by all parties. B&O Pastry shall not bear any financial losses or discrepancy arising from the changing or floating of foreign currency exchange rate.
82. Purchases are not refundable and we will not refund or credit for any partially used or unused offers unless you provide credible evidence to us to prove that you have been wrongly billed or such other circumstances on a “case to case” basis as we may decide in our sole and absolute discretion, by emailing to email@example.com.
F. INTELLECTUAL PROPERTY RIGHTS
83. All intellectual property rights, whether registered or unregistered, in the Website & Online Store, information content on the Website & Online Store and all the Website & Online Store design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Website & Online Store also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
84. We grant you, subject to these T&C, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Website & Online Store for your own personal and non-commercial use. Such license is revocable at any time without notice to you or liability to us.
85. The term “Butter & Olive” is our trademarks, trade names and service marks. Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner.
86. All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.
G. APPLICABLE LAW AND JURISDICTION
87. These T&C shall be interpreted and governed by the laws in force in Malaysia. Each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia.
88. You hereby expressly agree to waive any objections based upon venue or forum to resolve the dispute. The sole and only forum to adjudicate any disputes arising from these T&C and/or transaction with B&O Pastry would be within the jurisdiction of Malaysia.
89. In an event of a dispute with a party to which B&O Pastry is a not a party to such agreement, we will help you to our best extent, within the T&C to mediate and resolve the dispute. In such circumstances, we disclaim any and all responsibilities and/or liabilities arising from such agreement between you and such party, if any.
90. If a dispute arises between you and B&O Pastry, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that arises out of the T&C or Website & Online Store in agreement with this section or as you and we otherwise agree in writing.
91. Before resorting to any litigation proceeding including issuance of letter of demand and/or cease and desist, we firmly encourage you first to contact us directly to seek a resolution via our e-mail which is displayed at the Website & Online Store. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
92. We believe mediation would be the best alternative dispute resolution besides litigation which would inevitably time, effort and cost consuming.
H. PURCHASER’S COVENANTS & OBLIGATIONS
93. The Purchaser is solely responsible for own internet connection/telecommunication charges incurred for accessing and connecting to the Website & Online Store.
94. You may access and view the Website & Online Store and may save an electronic copy or print out a copy of the materials from the Website & Online Store which would be solely for your own personal and non-commercial use. All copies that you make must be in the form as presented on the Website & Online Store and must include all applicable copyright and other notices on the Website & Online Store. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or for any commercial use.
95. You must comply at all times with any instructions for use of the Website & Online Store which we make from time to time.
96. You must keep your username and/or login password secure and:
a. not permit or refrain any other person to use your username and/or login password, including not disclosing or providing it to any other person; and
b. immediately notify us if you become aware of any unauthorised use or disclosure of your username and/or login password, by sending an email to us.
97. You must not and/or agree not to:
a. act in a way, or use or introduce anything (including any virus, worm, trojan horse, time bomb, keystroke logger, malware, spyware or other similar feature) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or exploit any system, network, data or personal data stored on the Website & Online Store;
b. use the Website & Online Store in any manner that could damage, disable, overburden or impair any of our server, or the networks connected to our server, or interfere with any other party’s access and use of the Website & Online Store;
c. attempt to gain unauthorised access to the Website & Online Store, other user’s accounts, computer systems or networks connected to our server, through hacking, password mining or cracking or any other means or interfere or attempt to interfere with the proper working of the Website & Online Store or any activities conducted on the Website & Online Store;
d. obtain, or attempt to obtain, any information through any means not intentionally made available on or through the Website & Online Store;
e. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website & Online Store;
f. license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website & Online Store in any way for profitable purposes without prior written approval from B&O Pastry;
g. modify or create a derivative work based on the materials on the Website & Online Store, nor decompile, decipher, reverse-engineer or disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website & Online Store in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Website & Online Store; or copy any ideas, features, functions or graphics of the Website & Online Store;
h. link to, mirror or frame any portion of the Website & Online Store;
i. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website & Online Store;
j. intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any users;
k. permit third parties (including other users) to use any products or services purchased or procured under your own account;
l. provide user content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole and absolute discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove user content, in our sole and absolute discretion and at any time and for any reason, without notice to you or liability to us;
m. use the Website & Online Store if you are under age of 18. You represent and warrant that you are at least 18 years of age. If you are under the age of 18 or the age of majority in Malaysia, you may only use the Website & Online Store under the company or supervision of a parent or legal guardian, under such person’s account and otherwise subject to these T&C; and
n. create and/or register multiple user account with B&O Pastry as every user is only entitled to create one account per person. Any user or Purchaser who creates multiple accounts with single identity or multiple identities shall be in violation of these T&C and shall have his account suspended/terminated and shall not be allowed to have access to the Website & Online Store upon suspension/termination. We reserve the right to review and investigate all allegations of fraudulent activities and to take any and all measures we deem necessary to ensure a fair sign up scheme is implemented accordingly.
98. You hereby agree to indemnify and hold us, our affiliates, and each of our and their respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against all losses, damages, claims, liabilities, expenses or costs that arise from or in connection with:
a. your access and/or use of the Website & Online Store;
b. your breach of any of these T&C or any applicable law or regulation;
c. any other party's access and/or use of the Website & Online Store using your username and/or login password; and/or
d. any other party's breach of any of these T&C where such party was able to access and/or use the Website & Online Store using your username and/or login password.
99. Any rights relating to the use of the Website & Online Store not expressly granted herein are reserved and no license or right is granted to you by implication, estoppel or otherwise.
I. FORCE MAJEURE CLAUSE
100. B&O Pastry shall not be liable to the Purchaser or be deemed to be in breach of the Agreement by reason of any delay in performing or any failure to perform any of B&O Pastry’s obligations if the delay or failure was due to any cause beyond B&O Pastry’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond B&O Pastry’s reasonable control including but not limited to (whichever is applicable):
a. act of God, explosion, flood, tempest, fire or accident;
b. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
c. acts of restrictions, legislations, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority or changes on the legislations, regulations, by-laws or policies that governing B&O Pastry or its business thereof;
d. pandemic, diseases outbreak, epidemic, movement control order, movement restraining or restrictive order, any governmental order or directive to restrict, shut down or for closure of business or any governmental order in similar nature;
e. import or export regulations, sanctions or embargoes;
f. interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of B&O Pastry or of a third party);
g. interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery; and/or
h. power failure or breakdown in machinery that produce the products made available in the Website & Online Store.
101. Upon the happening of any one of the events set out aforesaid, B&O Pastry may at its option and/or discretion or upon any governmental order announced or imposed by any competent authorities, provided always subject to the circumstances at that material time:-
a. fully or partially suspend performance of the Website & Online Store and/or its services while such event or circumstances continues for a period that B&O Pastry deems fit and appropriate; or
b. fully or partially suspend or halt the business of B&O Pastry; or
c. terminate any agreement so affected with immediate effect by written notice to the Purchaser via a notice to be displayed in the Website & Online Store and B&O Pastry shall not be liable for any losses or damages or loss of profits or economic interests suffered by the Purchaser as a result thereof.
102. Any notice required or permitted to be given by either party to the other under these T&C shall be in writing addressed, if to B&O Pastry, to its registered office or principal place of business and if to the Purchaser, to the address stipulated in the relevant offer to purchase.
103. If we need to contact you, we may do so by email or by posting a notice on the Website & Online Store or any private messaging means. Notice will be deemed given 24 hours after email is sent or notice is posted on the Website & Online Store. You agree that this satisfies all legal requirements in relation to written communications.
K. LIABILITY & EXCLUSION CLAUSE
104. We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure, risk free or error-free.
105. Whilst we strive to ensure that the products ordered would be in fresh and consumable condition, to the best of our reasonable effort, we do not provide guarantee or assurance that the products could be kept in its original state and condition during the course of delivery.
106. You expressly understand and agree that your use of or inability to use, the Website & Online Store’s service is at your sole risk. All products and services delivered to you through the services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Without prejudice to the generality of the foregoing, we do not warrant:
a. the accuracy of all data and/or information contained in the products that found available in the Website & Online Store;
b. that the services will be provided uninterrupted, secure or free from errors or inaccuracies, or that any identified error will be corrected;
c. that the Website & Online Store or the services provided thereof are free from any computer virus or other malicious, destructive or corrupting code, agent or program; and
d. the security of any information transmitted by you or to you through the Website & Online Store and you accept the risk that any information transmitted or received through the Website & Online Store may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without providing prior notice to you. You also agree that any continued use of the Website & Online Store will be deemed to constitute acceptance of the new T&C as a fresh agreement.
107. B&O Pastry shall not accept civil liability to the Purchaser for death or injury resulting from the any third party’s negligence that related to your Purchase including but not limited to the delivery agent, third party payment online service provider(s) and all its employees, contractors, sub-contractors, suppliers, vendors, agents and/or representatives.
108. For avoidance of doubt, B&O Pastry shall be under no liability or responsibility whatsoever where this arises from a reason beyond its reasonable control or from an act or default of the Purchaser, except due to the fault of B&O Pastry solely.
109. In the event that any liability that cannot be excluded but can be limited provided always subject to such pronouncement by an order made by a competent court of law in Malaysia, B&O Pastry’s liability shall not exceed the total purchase price for the products that the Purchaser made or paid via the Website & Online Store.
110. In no event shall B&O Pastry be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Purchaser as a result of an action brought by a third party) even if such loss were reasonably foreseeable or B&O Pastry had been advised of the possibility of the Purchaser incurring the same.
111. In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the T&C or revoke any or all of your rights granted under the T&C. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Website & Online Store and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website & Online Store in whole or in part.
112. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Website & Online Store shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website & Online Store or with any terms, conditions, rules, policies, guidelines in operating the Website & Online Store, your sole and exclusive remedy is to discontinue using the Website & Online Store.
M. THIRD PARTY LINKS
113. Any links provided on the Website & Online Store are provided for your convenience and/or usage only. Should you leave the Website & Online Store via such a link, the content that you view in such linked web page or Website & Online Store owned or operated by third parties is not provided or controlled by B&O Pastry.
114. We have not developed or reviewed, and are not responsible for the consequences of your accessing the linked web page or Website & Online Store, and/or the content at those web pages or Website & Online Stores. We make no guarantee, representation or warranty as to, and have no liability for, any content at those Website & Online Stores, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations, warranties or guarantees arising from usage, custom or trade or by operation of law.
115. Any such link to other linked web pages or Website & Online Stores on the Website & Online Store does not constitute an endorsement, authorisation, verification or representation that we are affiliated with the operators or owners of those linked Website & Online Stores, or the contents.
116. You agree that your access to and/or use of such linked web pages or Website & Online Stores is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
117. No waiver by B&O Pastry of any breach of the agreement by the Purchaser shall be considered as a waiver of any subsequent breach of the same or any other provision.
118. For us to waive a right under these T&C, the waiver must be in writing.
119. If any provision of these T&C is held by any competent authority or court of law to be invalid or unenforceable in whole or in part the validity of the other provisions of these T&C and the remainder of the provision in question shall not be affected thereby.
120. These T&C set out everything agreed by the parties relating to your use of the Website & Online Store and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these T&C. The parties have not relied on any representation, warranty, guarantee or agreement relating to the Website & Online Store that is not expressly set out in these T&C, and no such representation, warranty, guarantee or agreement has any effect from the date you agreed to these T&C.
121. If there is any additional work, performance, conduct or assistance required to be rendered by B&O Pastry to the Purchaser despite such responsibilities or liabilities are lie with any relevant or associated third party from whom the Purchaser purchased or procured such products or services via the Website & Online Store, B&O Pastry may provide such assistance with a minimum fees or costs. Kindly contact B&O Pastry should you require such additional assistance.
122. No person who is not a party to this Agreement (including any employee, officer, agent, representative or contractor of either party) shall have any right to enforce any terms of this Agreement which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
123. B&O Pastry shall be entitled to commence court legal proceedings for the purposes of protecting its interest pursuant to these T&C, intellectual property rights and confidential information by means of injunctive or other equitable relief.
124. When using the Website & Online Store, you may be subject to any additional guidelines or rules applicable to specific products, services or features which may be posted from time to time which is specifically known as Frequent Answers and Questions (“FAQs”). All such FAQs are hereby incorporated by reference into these T&C. In the event of any inconsistencies or discrepancies between these T&C and the FAQs, these T&C shall prevail.
125. B&O Pastry reserves their absolute rights and discretion to amend, alter and/or change these T&C at any time without prior notice to the Purchaser. You are advised to read and understand the T&C before you proceed to make purchase in the Website & Online Store.