PLEASE READ AND UNDERSTAND THE TERMS AND CONDITIONS HEREIN CONTAINED AS THEY CONTAIN, AMONG OTHERS, THE LIMITATIONS ON TK BAKERY’S LIABILITY AND OTHER PROVISIONS THAT MAY AFFECT YOUR LEGAL RIGHTS.
To learn about how TK BAKERY collects, use and share information including your personal data, please refer to our Privacy Notice. Any non-personal information or material being sent to TK BAKERY by you will generally NOT be treated as confidential. By installing, accessing or using the TK BAKERY App or Website including email, newsletters and subscriptions and other digital properties on which the terms and conditions are posted or referred, you are entering into a binding agreement with Tong Kee Food Corporation Sdn Bhd (hereinafter referred to as “we/us/TK BAKERY”). Please ensure that you have reached the legal age of majority (i.e. 18 years old in Malaysia jurisdiction) before using the TK BAKERY App or Website; if you are below the legal age of majority, upon your installation of the TK BAKERY App or usage of the TK BAKERY Website, it shall be deemed that you have obtained your parent or guardian to review these terms and conditions and they have agreed to these terms and conditions in order for you to proceed further. If you do not agree to any terms and conditions herein, please refrain from using any of the TK BAKERY App or Website.
SECTION 1: ACCEPTANCE OF TERMS - GENERAL
Owing to the global nature of the internet infrastructure, the information you provide in the TK BAKERY App or Website may be transferred in transit to countries that do not have similar protection regarding your data and its use as set out in this terms and conditions. By submitting your information, you shall deem to have consented to these transfers.
"You" and "Your" shall mean any user of the TK BAKERY App or Website which shall include registered members and "your" shall be interpreted accordingly.
"TK BAKERY Membership" shall mean http://tk2you.com log in account when introduced, which retains all personal and confidential information pertaining to registered members of the TK BAKERY App or Website and allows registered members to participate in ongoing contests on all of TK BAKERY's affiliated websites via a one-time registration only.
SECTION 2: REGISTRATION, USE AND SECURITY
SECTION 3: YOUR CONDUCT
SECTION 4: TERMINATION/ACCESS RESTRICTION
Without limiting anything herein contained, TK BAKERY reserves the right to terminate the TK BAKERY Mobile App and your use of the TK BAKERY Membership at any time without notice and for any reason.
In addition to any termination rights TK BAKERY may have under this TOU & Notices, TK BAKERY may suspend or terminate your TK BAKERY Membership and access to the TK BAKERY App / Website without notice and in its sole discretion if :
(i) For inactivity, which is defined as failing to log into your TK BAKERY Membership for an extended period of time, as specified in Section 2.4 above.
(ii) TK BAKERY suspects fraudulent use (Fraudulent use of an account may include but is not limited to permitting access to your e-mail address and password to third parties or entering invalid or apparently invalid user information for your TK BAKERY Membership or attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-trial-per-user limitation) of the TK BAKERY App or Website and/or your TK BAKERY Membership.
(iii) You materially violate this TOU & Notices or any notice posted from time to time on the TK BAKERY App or Website, any applicable law, rule or regulation relating to the use of the TK BAKERY App or Website (including but not limited to the TK BAKERY Delivery Service).
(iv) Any law, regulation, or governmental action renders all or any portion of your access or usage of the TK BAKERY App or Website (including but not limited to the TK BAKERY Delivery Service) unlawful or impracticable.
(v) Your use of the TK BAKERY Membership or the TK BAKERY App or Website impairs or threatens to impair the integrity or functionality of the TK BAKERY network in any manner.
(vi) In any event the TK BAKERY believes that you have violated or acted inconsistently with the letter or spirit of this TOU & Notices.
You agree that TK BAKERY shall not be liable to you or any third-party for any termination of your access to the TK BAKERY App or Website or your TK BAKERY Membership.
SECTION 5: DISCLAIMER & LIMITATION OF LIABILITY.
Your requirement or that the TK BAKERY App or Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the TK BAKERY App or Website or your TK BAKERY Membership are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the TK BAKERY App or Website for the reconstruction of any lost data. All use of the TK BAKERY App or Website is at your own risk and you are solely responsible for all damages resulting there from.
The TK BAKERY App or Website is not intended for "mission critical" circumstances and is provided on an "as is where is" and "as available" basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
To the maximum extent permitted by applicable law, TK BAKERY disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the TK BAKERY App or Website and transactions performed through the service or on the Internet generally. TK BAKERY makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet.
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall TK BAKERY be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if TK BAKERY has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the TK BAKERY App or Website, any changes to the TK BAKERY App or Website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the TK BAKERY App or Website or arising in connection with the fraudulent or unlawful acts of any third party.
You specifically agree that TK BAKERY is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
If you are dissatisfied with the TK BAKERY App or Website, the materials available on or through the TK BAKERY Delivery Service, TK BAKERY App or Website or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using TK BAKERY App or Website or any of TK BAKERY's other products and services.
TK BAKERY will take reasonable measures to maintain the privacy and security of all private information provided by you to the TK BAKERY App or Website, but third parties (such as hackers) may breach or attempt to breach TK BAKERY's security measures or may gain unauthorized access to the TK BAKERY database or other equipment containing your information. You agree that TK BAKERY shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the TK BAKERY App or Website or any other company equipment or user information.
TK BAKERY does not warrant or make any representation that the TK BAKERY App or Website will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, or that the TK BAKERY App or Website are free from harmful components. You assume total responsibility relying to your use of the TK BAKERY App or Website. Your sole remedy against TK BAKERY (including members of TK BAKERY) for dissatisfaction of the TK BAKERY App or Website is to stop using them. This limitation of relief is part of the bargain between parties.
SECTION 6: INDEMNITY
You agree to indemnify, defend and hold TK BAKERY, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the TK BAKERY App or Website (including but not limited to the TK BAKERY Delivery Service) harmless from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation by you of this TOU & Notices or asserted by any third party due to or arising out of your use of or conduct on the TK BAKERY App or Website.
The provisions of this paragraph are for the benefit of TK BAKERY and its officers, directors, employees, agents, shareholders, licensors and suppliers to the TK BAKERY App or Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
SECTION 7: LINKS TO THIRD PARTY SITES OR SERVICES
Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that TK BAKERY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. TK BAKERY has no responsibility or liability for any merchant or your relationship with such merchant.
TK BAKERY may share your information with the Linked Websites or third party service provider that provide us with support services, such as credit card processing, website hosting, email and postal delivery, location mapping, product and service delivery, analytics services, or conducting academic research. By accessing or using TK BAKERY App or Website, it shall be deemed that you consent to this voluntarily.
SECTION 8: DISCLOSURE AND CONFIDENTIALITY
TK BAKERY reserves the right to disclose any personal information about you or your use of the TK BAKERY App or Website (including but not limited to the TK BAKERY Delivery Service) and without your prior permission if TK BAKERY in good faith, believes that such action is necessary to:
(i) Conform to legal requirements or comply with legal process.
(ii) Protect and defend the rights or property of TK BAKERY or its holding or affiliated company.
(iii) Enforce this TOU & Notices.
(iv) Act to protect the interests of its members or others.
Any non-personal information or material sent to TK BAKERY by you will generally NOT be treated as confidential.
SECTION 9: PROPRIETORY RIGHTS ON COPYRIGHT
Any and all rights in the TK BAKERY App or Website are and shall remain the exclusive property of TK BAKERY.
The TK BAKERY website including but not limited to all images, text, graphics, logos, sound, audio clips, button icons, page headers, digital downloads, data compilations, software, programs and any other material ("Content") found on the TK BAKERY App or Website are protected by trademark, copyright, or other intellectual property laws and international treaties. The TK BAKERY App or Website are licensed, not sold, to you. Any commercial use of the TK BAKERY App or Website and Content found on the TK BAKERY App or Website is strictly prohibited, without TK BAKERY's express and prior written consent. Any reproduction or redistribution of TK BAKERY Delivery Service, and Content found on the TK BAKERY App or Website, not in accordance with the TOU & Notices herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
Elements of the TK BAKERY App or Website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by TK BAKERY.
SECTION 10: GRANT OF LICENSE AND RESTRICTIONS.
You acknowledge and agree that the TK BAKERY App or Website and any necessary software used in connection with the TK BAKERY App or Website ("the Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. TK BAKERY reserves all rights in the Software not expressly granted herein, including without limitation ownership and proprietary rights.
The Software is made available for downloading solely for use by you for your individual, non-transferable, non-exclusive and non-commercial use, and be used in connection with TK BAKERY App or Website (including but not limited to the TK BAKERY Delivery Service). The Software is made available solely for use by you in accordance with the terms of this TOU & Notices and the terms of any end user license agreement ("License Agreement") which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this TOU & Notices and any License Agreement. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
You shall not copy the Software to any other server or location for further reproduction or redistribution. You shall not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law.
Any reproduction or redistribution of the Software not in accordance with this TOU & Notices and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the provisions of Section 5 above, the Software is provided "as is," and TK BAKERY hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
For avoidance of doubt, “use” includes access, interact with and display and NOT licenses or right granted to you by implication or otherwise, except for the licences and rights these terms herein expressly grant to you. TK BAKERY reserves all other rights.
SECTION 11: TRADEMARKS AND THIRD PARTY MATERIALS.
TK BAKERY reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively "Marks") and nothing in this TOU & Notices grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with TK BAKERY. TK BAKERY and the TK BAKERY Group do not control or endorse the content of third party websites.
SECTION 12: GENERAL.
This TOU & Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and TK BAKERY regarding this TOU & Notices will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defences to jurisdiction. You agree that the TK BAKERY App or Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by TK BAKERY in and from Malaysia.
This TOU & Notices contain the entire understanding between the parties hereto with respect to the TK BAKERY App or Website, and supersedes all previous oral or written agreements or understandings between you and TK BAKERY, and no advice or information, whether oral or written, obtained by you from this Website (whether before or after the date you accept this TOU& Notices) shall create any obligation or warranty on the part of TK BAKERY not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by the TK BAKERY Group, third-party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU & Notices.
TK BAKERY's performance of this TOU & Notices is subject to existing laws and legal process, and nothing contained in this TOU & Notices is in derogation of TK BAKERY's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the TK BAKERY App or Website or information provided to or gathered by TK BAKERY with respect to such use.
If any provision of this TOU & Notices is held invalid, the remainder of this TOU & Notices will continue in full force and effect, and if any provision(s) of the TOU & Notices is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This TOU & Notices shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU & Notices and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
TK BAKERY's failure to insist upon or enforce strict performance of any provision of this TOU & Notices shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by TK BAKERY in writing.
Notices to you shall not be modified, except by an express modification by TK BAKERY as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you generally on the TK BAKERY App or Website (including but not limited to the TK BAKERY Delivery Service).
TK BAKERY reserves the right to amend any of the provisions of this TOU & Notices from time to time. Amendments will be effective immediately upon notification on the TK BAKERY App or Website. Your continued use of the TK BAKERY App or Website and participation of, the TK BAKERY App or Website (including but not limited to the TK BAKERY Delivery Service), will represent an agreement by you to be bound by this TOU & Notices as amended.
You may not assert any claim against TK BAKERY in connection with the TK BAKERY App or Website unless you have given TK BAKERY written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to the TK BAKERY App or Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
TK BAKERY may assign its rights and duties under this TOU & Notices to any party at any time without notice to you and this TOU & Notices shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.
SECTION 13: PRIVACY NOTICE
TK BAKERY will collect your personal information and/or data that you may voluntarily provide on:
(i) Online forms, which may include: user registration, contact requests, guest comments, online product ordering and/or online surveys and contests.
(ii) Other online / social media and telephonic activities including but not limited to product ordering and general inquiry and TK BAKERY Customer Care activities.
Your personal information and/or data may include some or all of the following: your name, address, telephone number, email addresses (if any), and any other information you may voluntarily provide.
Your personal information and/or data is collected, used and otherwise processed by us for, amongst others, the following purposes:
(i) Processing your request(s), order(s), purchase(s) and/or contest entry (if any).
(ii) Delivering notices, services, products, updates, prizes and/or promotional materials to you.
(iii) Maintaining and improving customer relationship and services.
(iv) Conducting marketing survey and client profiling activities.
(v) Maintaining and updating internal record keeping.
(vi) Meeting any legal or regulatory requirements and making disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular, code applicable to us or any entity within our group and TK BAKERY.
(vii) Enabling us to send you information by email, telecommunication means (telephone calls or text messages) or social media about products, services and/or promotions offered by TK BAKERY and selected third parties that we think may interest you. If you’d rather not receive this message, you can click the unsubscribe link on the email and you will be unsubscribed from the mail list immediately.
Your failure to supply your personal information and/or data will:
(i) Result in us being unable to provide you with the notices, services, delivery and/or products requested.
(ii) Result in us being unable to accept and process your entry to any contest.
(iii) Result in us being unable to update you on our latest products, services and promotions.
Your Personal Information and/or Data provided to us shall be kept confidential but you hereby consent and authorize us to provide or disclose your Personal Information and/or Data to the following categories:
(i) Any person to whom we are compelled or required to do so under law.
(ii) Any entity within our TK BAKERY group.
(iii) Payment channels including without limitation financial institutions for purpose of assessing, verifying, effectuating and facilitating payment of any amount due to the Companies in connection with your acquisition of our services and/or products.
(iv) Our business partners and affiliates that provide related services or products in connection with our business, for joint promotions and/or contest.
(v) Statutory authorities, government agencies and industry regulators.
(vi) Our consultants, accountants, auditors, lawyers or other financial or professional advisers.
(vii) Our sub-contractors, agents or third party service or product providers.
(viii) Our service providers for purposes of establishing and maintaining a common database where we have a legitimate common interest.
(ix) The general public should you become a winner in a contest (if any) by publishing your name, photographs and other Personal Data without compensation for advertising and publicity purposes.
TK BAKERY shall at its best keep and process your data in a secured manner. TK BAKERY shall also where necessary and practicable, implement the appropriate administrative and security safeguards and procedures in accordance with the applicable laws and regulations to prevent the unauthorized or unlawful processing or loss of the Personal Information and/or Data.
Nevertheless, TK BAKERY will not be responsible for any event arising from unauthorised access to or theft of your Personal Information or Data. TK BAKERY will not be held responsible for events arising from third parties gaining unauthorised access to or third parties’ theft of your personal information and/or data.
You have the following right in relation to your Personal Information and/or Data:
(i) To make request (in writing and/or via email) to TK BAKERY for information of your personal data that is being processed by and/or on behalf of TK BAKERY.
(ii) To correct or modify of your personal information and/or data which is inaccurate, incomplete, misleading and/or not up-to-date at any time through any channels provided by TK BAKERY.
(iii) To limit the processing of your personal information and/or data specifically for the purposes it was collected.
(iv) To delete your personal information and/or data from TK BAKERY’s applicable Databases.
Should you have any questions concerning this TOU & Notices, or if you wish to contact TK BAKERY for any reason, you can submit an e-mail via this link firstname.lastname@example.org.
*Terms & conditions at www.tk2you.com Tong Kee Food Corporation Sdn Bhd (200201030955) 2020. All rights reserved.