Terms And Conditions
- These terms and conditions (“Terms and Conditions”) contained below is a legal and binding agreement made between you and DessertsMagic (Company No.: 1147034-U).
- By using any of our Services (defined hereinbelow) offline and/or online vide the Website, you are deemed to have read, understood and agreed to observe, comply and be bound with these Terms and Conditions.
- We reserve the rights to change, modify, add or remove any or all parts of these Terms and Conditions from time to time without prior notice given to you. Such amendment shall form parts of these Terms and Conditions. You are deemed to have read, understood and agreed to observe, comply and be bound by such amendments.
- You are advised to read these entire Terms and Conditions before proceeding with any request of our Services (defined hereinbelow) and to read and understand any amendments from time to time.
- You further agree that your continued use of our Services (defined hereinbelow) offline and/or online vide the Website, shall constitute an acceptance of these Terms and Conditions.
II. Definitions & Interpretations
- In these Terms and Conditions, unless the context requires otherwise:
statutes, codes, rules, regulations, directives, and/or guidelines which are applicable at the time being in USA at laws and in equity;
“Customer” or “you”
the persons who access the Website and/or use our Services;
“Helpr” or “DessertsMagic” or “we” or “us”
DessertsMagic (Company No.: 1147034-U);
+65-6441 4478 including any telephone numbers changed from time to time;
firstname.lastname@example.org including any hotmail changed from time to time;
Include any other third party companies which provides payment gateway services including issuance of bills, collection of fees, which DessertsMagic may engage with from time to time;
goods that is unable to be performed and/or legally restricted in respect of the performance of the Service due to the reasons as stipulated in Clause 7;
your request for Services under Clause 4.1;
the services to be performed by Us upon more particularly described in Clause 3 below;
“Terms and Conditions”
these terms and conditions including any amendments made from time to time thereto; and
- In these Terms and Conditions, unless the context require otherwise:-
- any reference to:-
- the singular includes the plural and vice versa;
- a gender includes all genders; and
- a date or time of day is a reference to USA date or time.
- headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this Agreement.
- You hereby request and we hereby accepts to use the Services at the Fees upon these Terms and Conditions.
- Subject to these terms and conditions, the scope of our services is on case to case basis upon your request include but not limited to (“Services”):-
- sending any goods and monetary instruments including cheques, bank drafts and/or cash;
- seek, source and research on goods and/or services;
- purchase any goods and/or services; and
- any other services to be performed upon your request provided such request us not illegal.
IV. Offer & Acceptance
- You hereby offer to use our Services by sending your requests in accordance to the following manners (“Request”):-
- by sending a text request to DessertsMagic Hotline via short message service (SMS);
- by sending a text request to DessertsMagic Hotline via Whatsapp;
- by posting your request at DessertsMagic Facebook;
- by posting your request at DessertsMagic Twitter;
- by sending an email to DessertsMagic email; and/or
- such other manners to be stipulated by us from time to time.
- Upon receipt of your Request, we shall provide a quote to perform the Services.
- In the event you agree to the quote, you shall confirm your Request and make payment of the Fee in accordance to Clause 5.
- We accept your Request upon confirmation of your Request or upon payment of the Fee, whichever is earlier, whereupon a legal agreement is formed between you and us in accordance to these Terms and Conditions herein.
V. Fees & Payment
- In consideration of using our Services, you shall make the payment of Fee to the Payment Gateway and to supply the Payment Gateway with your credit card or debit card details from credit card or debit card company acceptable to Us and/or the Payment Gateway.
- By providing the details of credit card, debit card and/or any other forms of payment and financial information to us, you hereby confirm, warrant and represent that:-
- you have the full authority to use and disclose the details of such credit card, debit card and/or any other forms of payment and financial information or account; and
- all particulars and details that you provide to us for the purpose of processing payment are true and accurate.
- Notwithstanding the payment method published in the Website and depending on the results of a credit check, we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
- Fees shall be inclusive of goods and services tax (GST) and exclusive of any other rates, taxes, levies and/or other fees which may be imposed by the relevant authorities from time to time. In the event the Fees is increased due to the changes and/or imposition of new rates, taxes, levies and/or other fees shall be increased accordingly, you hereby expressly agree to compensate the difference or the full same upon demand by us.
- All Fees paid are non-refundable save for strictly due to our failure refusal and/or negligence to perform the Services upon your confirmation of Request.
VI. Rights Of Suspension And Refusal
- We reserve all the rights to suspend, refuse, cease to perform and/or delay in performing the Services at any time at our absolute discretion without any reasons given to you.
- Notwithstanding to the generality in Clause 6.1 herein, we shall be entitled to suspend, refuse, cease to perform and/or delay in performing the Services due to:-
- payment of Fees is suspended unable to be cleared or otherwise not received by Us and/or Payment Gateway;
- you cancel our Services after we have commenced our Services;
- Inaccurate false or misleading information furnished by you, of which the delivery address is not found or closed or causing us unable to perform our Services;
- The Goods are considered a Restricted Goods as stipulated under clause 7 in the event we are requested to deliver the goods; or
- The act of God, insurrection, civil disorder, war or military operations, national and local emergency, industrial disputes of any kind, fire, lightning, explosions, flood, landslides, subsidence, thunderstorms, internet downtime, or any other force majeure events which are beyond the control with or cause due to us.
- Upon the suspension, refusal and/or cessation to perform the Services under sub-clauses 6.2(a) to (d), we shall be entitled to forfeit all Fees paid without prejudice to our rights to recover any compensation damages or losses arising thereto whereupon you shall be liable to compensate us the same immediately upon receipt of our notice.
VII. Restricted Goods
- The restricted goods are as follows:-
- The goods which are not in or are not put into, the deliverable state at the designated pick up point;
- the goods are defective, perish, or become so damaged, or no longer correspond to the description as furnished by You or no longer fit for the purpose as per your Request;
- the goods are subject to charges and/or encumbrances in favour of any third party;
- the goods are offensive, threatening, indecent, obscene, explosive, unsafe, or which is likely to cause damage harm and threats to the national security and/or public interest;
- the goods are in sensitive nature in respect of ethnicity, race, religion, gender equality, birth of origin, public morality, or such nature which is likely to cause or incite any disharmony disturbance annoyance or hatred to individuals groups or the public; or
- the goods are illegal due to its state and/or for the purpose of its use, or for and/or upon delivery, or which is likely to infringe violate or breach of any Applicable Laws.
VIII. Representations And Warranties
- You hereby represent warrant and undertake that:-
- you have read, understood and agreed to be bound by these Terms and Conditions;
- you are 18 years old and above and is legally entitled to enter into these Terms and Conditions;
- entry into these Terms and Conditions shall not breach infringe or violate any Applicable Laws;
- obtain all necessary license, permit, consents, authorisations, approvals, or agreements of any third party involved for the performance of our Services including the consent of recipient for us to enter into its premises if so necessary,
- you are the legal and/or beneficial owner of all the intellectual property rights attached to the goods and/or you have obtained the consent of the original legal owner of that intellectual property in order for us to perform the Services;
- the content, quality, authenticity and value of the goods corresponds to the descriptions furnished by you.
- We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
You agree to defend, indemnify and hold harmless us and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors’ fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Terms and Conditions, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, rights of intellectual properties, and any rights of Payment Gateway; (iv) your violation of any Applicable Laws; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information.
X. Limitation Of Liability
- You acknowledge and confirm we act solely as a platform to perform the Services and that we are not and shall not be responsible or liable to :-
- verify ensure and confirm the content, quality, authenticity and value of the goods; and
- obtain all necessary license, permit, consents, authorisations, approvals, or agreements of any third party involved for the performance of our Services including the consent of recipient for us to enter into its premises, consent of the original legal owner of the intellectual property attached to the goods;
- pay compensate indemnify you for any losses damages, any increased costs or expenses, any loss of profit, business, contracts, revenue or anticipated savings or any special, indirect or consequential damage of any nature whatsoever due to any breach and/or non-compliance of you under these Terms and Conditions.
- Notwithstanding anything contrary under these Terms and Conditions however so construed or interpreted, our liability under these Terms and Conditions are limited to the total Fees paid by you per Service.
- You hereby confirm that the limitation of liability in Clause 10.2 is expressly agreed upon by you and us and shall waive to dispute the quantum of liability or seek further compensation beyond such limitation of liability in any event of claims against us.
- Time shall not be an essence on our obligations to perform the Services under these Terms and Conditions.
- Any notice given pursuant to these Terms and Conditions shall be in writing and be given by sending the same by email, facsimile, prepaid registered post or left if addressed to the party concerned in these Terms and Conditions or address given in the registered user account.
- These Terms and Conditions shall be construed in accordance with and governed by the laws of USA.
- If any provision of these Terms and Conditions is or may become illegal or void under any written law or is found by any court or administrative body of competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:-
- such provisions shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
- the remaining provisions of this agreement shall remain in full force and effect;
- the parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
- No failure or delay in the exercise or the partial exercise of any right or remedy or the exercise of any other right or remedy shall affect of impair any such right or remedy.
- These Terms and Conditions shall be binding on the parties and their respective successors in title of the parties hereto.
- The parties acknowledge and agree that these Terms and Conditions and/or any other documents pertaining hereto can be signed, executed, acknowledged, issued and/or executed by electronic means and shall in any proceedings be admissible in evidence and be presumed, unless evidence to the contrary is introduced.
- The Website is owned and operated by DessertsMagic (No: 1147034-U).
- You shall not in any way use the Website or submit to us or to the Website or to any user of the Website anything which in any respect:-
- is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;
- is fraudulent, criminal or unlawful;
- is inaccurate or out-of-date;
- may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- impersonates any other person or body or misrepresents a relationship with any person or body;
- may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
- may be contrary to our interests;
- is contrary to any specific rule or requirement that we stipulate on the Website in relation to a particular part of the Website or the Website generally; or
- involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses or any computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or the Website for the purpose of use on the Website or for generally marketing (by any means and in any media) our products. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
- Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
- You agree to comply at all times with any instructions for use of the Website which we make from time to time.
II. Availability of the Website, Security and Accuracy
- Whilst we endeavour to make the Website available 24 hours a day, we shall not be liable if for any reason the Website is unavailable for any time or for any period. We make no warranty that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
- Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time with or without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason. If we impose restrictions on you personally, you must not attempt to use the Website under any other name or user.
- We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.
- We may change or update the Website and anything described in it without notice to you.
- Whilst we endeavour to ensure that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to supply you with products, including any obligation that we may have under that contract to provide you with accurate information and advice, and which we may do through a secure part of the Website available to people who use the appropriate password.
- The material contained on the Website is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on the Website shall not constitute any part of an offer or contract.
- In all cases, to the extent permitted by law:
- our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of RM100; and
- we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) loss of operation time; (xi) loss of opportunity; or (xii) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (ii) to (xii) apply whether such losses are direct, indirect, consequential or otherwise.
- If you enter into a contract with us by submitting an order for a product through the Website which is accepted by us in accordance with the purchase terms and conditions, the relevant provisions of those terms and conditions relating to the our liability and its limitation in relation to such a contract (if any) shall replace terms herein.
IV. Trademarks and Brand Name
- The “DessertsMagic” names and logos and all related names, design marks and slogans are the trademarks of us or our licensors.
V. Intellectual Property Rights
- We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
- 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.
- You must not use any part of the materials on the Website for commercial purposes and/or public circulation without obtaining a license to do so from us or our licensors.
VI. Information about you and your visits to the Website
. We process information about you in accordance with our Personal Data Notice. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
VII. Third Party Websites
- We have no control over and accept no responsibility for the content of any site to which a link from the Website exists (unless we are the provider of those linked sites). Such linked sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party site to which the Website provides a link.
- You must not without our permission frame any of the Website onto your own or another person’s website.
- We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
- you shall not make any warranties or representations about us, our products and services or our policies except with our prior express authorisation;
- you shall not say anything that is false, misleading, derogatory or offensive about us or our products and services or policies; and
- you shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.
X. USA law and jurisdiction