These Terms and Conditions (“Terms” or “T&Cs”) shall govern all transactions between Tastefully Digital Sdn Bhd (“Tastefully”, “us”, “we” or “our”), our subsidiaries, affiliates, brands, and other related companies and all our users (“User”, “Customer” or “you”) for our services and products (“Platforms”, “Services” or “Products”).

User expressly acknowledges and agrees to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services.

Disclaimers

1. No Implied Endorsement: We do not endorse or recommend any author, website, product or service mentioned in any articles.
2. No Warranty: When using our Platforms, you may find links to third party Internet sites. We are not responsible for the content or availability of these third party sites. We do not warrant or guarantee the products, services, or information found on external or third party sites.
3. Latency / Speed performance: The performance speed and user experience may vary when using this site due to different technical and non-technical factors, such as internet speed and devices.
4. Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

User Account Terms

1. To access and use our Platform, you must register for a Tastefully account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
2. You must be: (i) 18 years of age, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
3. You are responsible for keeping your password secure. Tastefully cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
4. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
5. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Shopify may result in an immediate termination of your Services.

Restricted Activities

You agree and undertake NOT to:

1. Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
2. Use the Platform or Services for illegal purposes.
3. Attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
4. Post, promote or transmit through the Platform or Services any Prohibited Materials.
5. Interfere with another’s utilisation and enjoyment of the Platform or Services.
6. Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services.
7. Use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

Your Submissions and Information

1. You grant Tastefully a non-exclusive licence to use the materials or information that you submit to our Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to our Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You 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, publish, remove, or edit your Submissions.
2. You acknowledge that Tastefully could use the personal data you provided when opening an Account or as updated by you from time to time or during the course of your use of our Platforms, to (i) communicate with you relating to your account, purchase transactions, queries, and send you marketing or promotional information from time to time (provided you have opted to receive such information), (ii) analyse and produce statistics.
3. We have introduced appropriate administrative, physical and technical measures to safeguard your personal data from unauthorised access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks based on best efforts. We will only retain your personal data for as long as we are either required or permitted to by law or as relevant for the purposes for which it was collected.

Links To Other Websites

Our Service may contain links to third party sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party sites or services. We 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 web sites or services.

Copyright

We warrant that the Services and all rights thereto are owned by us. No part or parts of the Platform, or any materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners.

Limitation of Liability

Except as otherwise expressly stated herein, all conditions, warranties and representations, expressed or implied, by statute or otherwise, in relation to the performance or non-performance of any Services are hereby excluded to the full extent permitted by law. We are not responsible for the behaviour and activity of any advertisers, linked websites or other Users. We are not responsible for any disputes between Users and business providers who are listed on our Platforms.

We shall bear no liability, in contract or tort (including negligence or other breach of statutory duty) for any misrepresentation or for any loss or damage, direct or indirect, foreseen, known or advised in advance, including but not limited to loss or damage incurred by User as a result of third party claims, loss of actual or anticipated profits, loss of business opportunity, loss of anticipated benefits, loss of goodwill, any indirect, special or consequential loss or damage howsoever caused. Our total liability under or in connection with the performance or non-performance of any Services whether for negligence, breach of contract, negligent or intentional misrepresentation or otherwise, is limited, in respect of each event or series of connected events, to the amount actually paid under any Order Confirmation. Any action resulting from any claimed breach on the part of us must be commenced within one year of the date the cause of action.

User agrees to indemnify, defend and hold Tastefully harmless, our directors, officers, employees and agents, from and against all liability, including a claim of intellectual property infringement based on copyright, trademark and patent.

Orders

All Orders will be deemed to be irrevocable and unconditional upon transmission through our Platform and Tastefully shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Tastefully reserves the right to decline to process or accept any Order received from or through our Platform in our absolute discretion. The price and payment terms for all our Products and Services are as set in the Listing Prices and subject to taxes, unless otherwise stated. Delivery charges shall be as set out in the Order(s). Tastefully reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

Delivery of Products

Tastefully binds ourselves only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description have been given or implied by law. Tastefully is not obligated to give any warranty as to the quality, state, condition or fitness of the Products.

Delivery of the Products shall be made to the address you specify in your Order and you may track the status of the delivery at the “Order Tracking” page of our Platform (where applicable). You acknowledge that delivery of the Products is subject to availability of the Products. All delivery timeframes given are estimates only and delays can occur. We will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. Tastefully and our agents shall not be liable for any delay in delivery howsoever caused.

In the event you do not receive the Product by the projected delivery date and provided that you inform Tastefully within 3 days immediately from such projected delivery date, we will try, to the best of our ability, to locate and deliver the Product. If we do not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product. If you fail to take delivery of the Products (otherwise than by reason of any cause beyond your reasonable control or by reason of Tastefully’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract. If you have instructed for your Products to be left at your doorstep (“Unattended Delivery”), then such delivery shall be at your sole risk and you accept all liability and risk of loss, theft, and damage.

Payment

You may pay for the Product using any of the payment methods prescribed by Tastefully from time to time. When you place an Order, actual payment will be only charged upon our acceptance of your Order. You acknowledge that Tastefully is entitled to collect payments from you on behalf of Third Party Vendors. The payment methods may be subject to additional terms as prescribed by us from time to time. You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Tastefully or any of our agents, for any failure, disruption or error in connection with your chosen payment method. Tastefully reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

If you fail to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Tastefully, we shall be entitled to cancel the Order or suspend delivery of the Product(s) until payment is made in full.

After collection of payments and proper delivery of Products to Consumers, Tastefully shall make the appropriate payment transfers to respective Vendors within thirty (30) days from closing of accounts for the preceding month in accordance to the Vendor’s signed contract with Tastefully.

Return and Refund

All returns must be done in accordance with the instructions set out in the Tastefully’s Return Policy. You acknowledge that a return may be rejected if such instructions are not strictly adhered to or followed to our satisfaction. For a valid return, we may as applicable and at our discretion, offer Customer refund (in full or partial), repair, replacement or price reduction as remedies. Upon accepting a remedy from us, the Customer shall have no further claim against Tastefully as regard to the non-conforming Product. Tastefully reserves the right to reject any requests for refunds, returns or replacements at our sole discretion, including without limitation, where we deem that any transaction is fraudulent or suspect that it is fraudulent.

All refunds shall be made via the original payment mechanism and to the person who made the original payment, provided that such refund is processed within 60 days from the time payment was successfully completed, except for Cash on Delivery, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us. We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline. Tastefully reserves the right to modify the mechanism of processing refunds at any time without notice.