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This form a contract which is legally binding between the users (hereinafter referred to as “the Customer or “you” or “your”) and us being the owner of this website called, kimgary.com.my (hereinafter referred to as “the Website or “us” as the case may be) of the last part.

PLEASE READ ALL THE TERMS AND CONDITIONS STATED HEREIN CAREFULLY BEFORE USING THE SERVICES AVAILABLE BY OUR WEBSITE. TAKE FURTHER NOTICE THAT BY BROWSING, ACCESSING, USING OR MADE AVAILABLE OR BY TRANSACTING THROUGH THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS STATED HEREIN AND FURTHER AGREE TO BE BOUND BY THE SAME. 

We hereby expressly declare that we reserve our rights to amend, change and/or alter the terms and conditions stated hereto from time to time as we deem fit and at our sole discretion and it is your responsibility to review these terms and conditions on this Website. You may terminate this Contract by written notice to us either by email or post of fax if you do not wish to be bound by the new terms and conditions. Nevertheless, please take further notice that by continuing browsing, accessing, using or made available or by transacting through the Website, you shall be deemed to have agreed and accepted all the terms and conditions stated in the Contract.


1.            DEFINITIONS & INTERPRETATION 

1.1          “Purchase” means the purchase of a product.

1.2          “Products” means any or all products offered by us. 

1.3          “Services” means any or all services offered by us.

1.4          “Website” means the “kimgary.com.my” website.

1.5          Words denoting persons includes natural persons, partnerships, companies.

1.6          Heading of each clause is for easy reference and shall not be interpreted as part of the terms and conditions of this Contract.


2.            UNDERTAKING, WARRANTY AND COVENANT BY YOU AS CUSTOMERS OR USERS

2.1          You have attained the majority age of 18.

2.2          You shall not use or allow any person to use this Website for any activities whether by sending, receiving, forwarding, distributing or whatsoever manner, that in the eyes of the law are illegal (inclusive but not limited to posting of illegal materials, inappropriate items, defamatory, blasphemy or contents that violate the applicable laws, policies or whatsoever).

2.3          You shall not enter into any contact or purchase if you are legally unable to perform or indefinitely suspended from this Website or during the suspension from using this Website.

2.4          You shall not do any act or deed or apply any means or otherwise which may harm the Website or the interest of other users of thus Website such as distributing viruses, spam letters etc or create anxiety, threatening, nuisance or annoying other users of this Website.

2.5          You shall deliver or honour payment for products or services you have purchased from or through the Website.

2.6          You shall not do any act that is amounting to infringement of the copyright or trademark or patent or all other intellectual property rights (both registered and unregistered) of and on the Website.

2.7          You shall not do any act or otherwise which may incite hatred against any ethnic, religious or racial adversely affect any individual group or entity.

2.8          You shall not do any act or otherwise which may consider as a criminal offence or give rise to civil suits or contrary to the law or infringe the rights of any person or body.

2.9          You shall not provide any false data to us.


3.            REGISTRATION OF ACCOUNT

3.1          You need not register if you do not wish to do so in order to view or browse our Website. However, you must register if you do wish to make a purchase through our Website and/or to engage in other activities provided by the Website. Nevertheless, we reserve our right to reject or cancel any registration at any time for public policy reasons or to protect our interest or the interest of other users of the Website.

3.2          Upon registration, you may need to provide us your Personal Information such as name, email address, correspondence address, date of birth. For you details, please read our Privacy Policy on the Website (Note: The Privacy Policy shall be incorporated into and form part of this Contract).

3.3          Once the Registration has completed, you are required to submit a password for the purposes of confidentiality. You are solely responsible to keep your password confidential and immediately notify us if you discover or reasonably suspect any unauthorized use of your email or any unauthorized person is aware of your password. Thus, we strongly recommend that you shall modify or change your password from time to time. However, you are deemed to have authorize a third party to use your account if you have disclosed your account and/or password for the purposes of engaging into any activities on or through the Website inclusive but not limited to purchasing a Voucher.

3.4          You shall provide us with a valid personal email address that is accessible by you for the purposes of sending you updated information or notice or news via moderation emails. Thus, you may be required to re-validate your email address from time to time in the event we verily believe it is an invalid email address and/or we reserve our right to close such accounts without any notice given.

3.5          Notwithstanding to the above, we reserve our right to close your account if we have reasonable ground(s) to believe that you are using proxy IPs (Internet Protocol addresses) or violating the rules and regulations of the Website or in breach of the terms and conditions of the Contract or whatsoever.


4.            PURCHASING, PAYMENT, AND DELIVERY

4.1          You shall only be entitled to purchase and make payment for the purchase on our Website provided always you have duly registered yourself with all the requisite and mandatory personal information for verification by the bank in order for the process of payment becomes successful.

4.2          We strongly recommend you to read and study the terms and conditions apply to each and respective products or service (if any) before you make any purchase and payment. By making a purchase, you are deemed to acknowledge and accept all the terms and conditions stated thereto as well as in this Contract. Once payment is successful, a notice of payment confirmation shall appear on the screen and follow by an email to you email address provided to us.

4.3          The price of the products or services is exclusive of the Government Service Tax (“GST” or “SST”).

4.4          The availability of the goods presented on the website depends on stock in stores and kimgary.com.my does not guarantee the availability of goods.

4.5          If the goods requested by the Customer are unavailable due to factors beyond our control, kimgary.com.my shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item.

4.6          Customer will be inform prior the delivery of such substituted goods and the customer shall be entitled to refuse to accept the substituted goods either in full or partially. The amount for the goods that are not accepted will to refund you via store credit which you may utilize for your next purchase. In event you prefer to refunded by different means, please contact Customer Services at info@kimgary.com.my.

4.7          We will deliver the Product to you at the place of delivery requested specified by Customer on the completed order form

4.8          We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

4.9          Upon delivery of the Product, you may be required to sign for delivery. 

4.10        Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

4.11        If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:

4.11.1.  Charge you for any fee and other costs reasonably incurred by us; or

4.11.2.   No longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 4.11.1. above).


5.            DISCLAIMER OF LIABILITY AND INDEMNITY

5.1          Subject always to the terms and conditions of this Contract, this Website act as a base for one to promote his/her products or services whenever and wherever is available. We (inclusive but not limited to this Website, employees, staffs, other authorized person or body and directors) have no control or whatsoever over the products or services, quantity or quality, contents of the advertisement or whatsoever neither the agent, manufacturer, supplier or whatsoever to and for the Merchants.

5.2          We shall use our best endeavors to correct any errors or mistake as soon as practical upon receipt of such report but no guarantee, assurance, promise or whatsoever that all information or messages posted on or transmitted through this Website will be free of faults, errors, mistakes or whatsoever. 

5.3          Occasionally your access to the Website may be interrupted or denied due to maintenance repair or improvement of the service of the Website. Though we shall use our best endeavors to ensure non-interruption of the access to the Website, we provide no guarantee, assurance, promise or whatsoever that the use of this Website shall be uninterrupted, free from virus, terminated, suspended or whatsoever which may have harmful effect to the Website and/or any devices of the Users.

5.4          We reserve the right to change, modify, substitute, suspend or remove or block without any notice any product, service of the Website, message, email, material or any part thereof in the event we have reasonable grounds to believe there is a breach of this Contract. 

5.5          We shall not be held liable for the disclosure of any of your Personal Information if such disclosure is required by any of the law enforcement authorities.

5.6          We shall exercise with reasonably care and skill in performing our obligations under this Contract. However, we do not warrant, undertake, covenant, guarantee or whatsoever the following:-

                5.6.1.     The accuracy, completeness, valid information which is accessed by you while using or browsing this Website;              

                5.6.2.     The transmission or failure in transmission any materials through this Website;

                5.6.3.     The usage of any information or material on the Website which is entirely at your own risk and expense;

5.6.4.     The quality or whatsoever in relation to the products or services of Voucher you purchased from the Merchants; 

5.6.5.     Any breach of our duty under this Contract or hinder us from performing due to force majeure such as Act of God, flood, fire, war, lightning etc which is not within our control.

5.6.6.     All other unforeseeable consequences damage loss or whatsoever which is without our control but happened due to your usage of the service of the Website or .

6.            TERMINATION OR SUSPENSION OF ACCOUNT

6.1          We reserve the right to suspend or terminate your account in the following events depending solely and at the sole discretion of our management team after due study of your case:-

                6.1.1.     If you use the Website in contravene the terms and conditions of this Contract.

                6.1.2.     If you are in breach of the terms and conditions of this Contract or any part thereof.

                6.1.3.     We believe, based on reasonable ground that you may commit a breach of this Contract;

                6.1.4.     We believe, based on reasonable ground that you have committed fraud against us and/or any other person or body in relation to this Website.

6.2          The exercise of our rights to suspend and/or terminate your account shall not prejudice to our other legal rights entitled or derived from this Contract and/or by other applicable laws, policies, rules and regulations or whatsoever.


7.            MISCELLANEOUS

7.1          The Website is directed exclusively at those who access the Website from or within Malaysia. 

7.2          Each and every usage of the service of this Website and/or purchase through this Website is subject to all the terms and conditions stipulated in this Contract.

7.3          We reserve the right to prevent you from using this Website and the Service and/or any part thereof inclusive but not limited to the purchase of a Voucher without any notice to you in the event you shall breach the terms and conditions of this Contract.

7.4          Any materials information comments ideas suggestion notes drawings or whatsoever you transmit post public or submit to us on or through the Website or otherwise shall be deemed as non-confidential, non-exclusive or protected under any Intellectual Property Laws and you thereby grant us the exclusive right to copy, paste, transfer, reproduce, adapt, modify or whatsoever and wherever. 

7.5          No waiver of any liability by us to you shall constitute a waiver for the same or similar liability or defaults in the future. Silent does not constitute a waiver of rights by us against you for any breach of the terms and conditions of this Contract.                

7.6          If any provisions of this Contract shall be invalid, void or unenforceable, it shall not affect the validity and enforcement of all other remaining terms and conditions of this Contract.

7.7          This Contract shall be governed by the laws of Malaysia and subject to the jurisdiction of the courts of Malaysia.

7.8          Any notice shall be served either by email or registered post to the email or correspondences address provided by you. Any notice shall be deemed duly served after 24 hours if sent by email or 3 days from the date of posting if sent by registered post.

7.9          The Website and its service (including the name, trademark and goodwill) is owned by (Kim Gary Café Sdn Bhd a company incorporated in Malaysia with its registered address at 2/F, Wisma Eagle, Lot PT 31114, Batu 9, Jalan Rawang, 68100 Batu Caves, Selangor, Malaysia. 

7.10        Any enquiries please contact Customer Service at cs@kimgary.com.my.