Terms & Conditions
Be sure to check this page periodically for updates, as your continued use of the site signifies your acceptance of any changed items. This terms and conditions govern the usage of the keto-klang.com website between the users and keto-klang. By using the site and any of its applications or webcommerce, you agree to the Terms and Conditions therein.
OVERVIEW
This website is operated by keto-klang.com. Throughout the site, the terms “we”, “us” and “our” refer to keto-klang.com. Keto-klang offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
SERVICE
Keto-klang reserves the right to terminate their services when the corresponding individual is found to be involved in an abuse or misuse of their services.
TERM OF USE
By using the Site, you represent and warrant that you agree to comply with these Terms of Use (1) you are not a minor in the jurisdiction in which you reside; (2) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (3) you will not use the Site for any illegal or unauthorized purpose; and (4) your use of the Site will not violate any applicable law or regulation.
DISCLAIMER
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the price, colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change and may vary from time to time.
RESPONSIBLE USE OF THE APPLICATION OR WEB
You may use the Application or Web for lawful purposes and in accordance with these Terms. You may not use the Application or Web:
- for any purpose that is unlawful or prohibited by these Terms;
- to cause harm or damage to any person or entity;
- interfere with the proper operation of the Application or Web;
- to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Keto-klang in its sole discretion); or
- to reproduce, duplicate, copy, sell, resell or otherwise exploit the Application or Web for any commercial purpose that is not expressly permitted by keto klang.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Keto Klang AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE APPLICATION OR WEB IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. This provision does not require you to indemnify any of the Keto Klang Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Application or Web.
PROVISION OF THE APPLICATION OR WEB
We are constantly improving the Application or Web to provide the best possible experience for you and other users. You acknowledge and agree that the Application or Web, or certain features of the Application or Web, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current Application or Web is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the Application or Web or stop (permanently or temporarily) providing the Application or Web (or any feature, program or content within the Application or Web) to you or other users at our sole discretion, without notice or liability to you. You may stop using the Application or Web at any time. You do not need to specifically inform us when you stop using the Application or Web.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Application or Web, your account details, or any files or other content which are contained in your account. If you have stored Card information in your account, that information will no longer be accessible through your account, but the associated physical Card may still be used.
OFFERS AND SETTINGS
We may make special offers available from time to time through the Application or Web or through various means including electronic communication, email, SMS text messages or direct mail (“Offers”). Offers may be based on your particular location, tier or purchasing history on the Application or Web and may only be available for a limited period of time. Offers are only available in participating locations and may be subject to additional terms and conditions as described in the Offer.
The Application and Web are designed to integrate with several elements of your device’s native functionality. Accordingly, if you choose not to enable your device’s GPS/location settings, push notifications, text messages or other device functionality, or if you chose not to provide your zip code, some features of the Application and Web may not be available to you, such as our location-based Baskin-Robbins store locator feature. To opt-out of receiving push notifications from the Application or Web, adjust the permissions in the settings section of your device or delete the Application or close the Web page.
We are not responsible for any news, reward-earning opportunity, coupon or other offer sent to an incorrect or incomplete email address if your email address is not accurate or up-to-date in your profile at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, postage-due or illegible mailings or other communications. We reserve the right to correct and not honor errors made in our communications with you.
12. Disclaimer of Warranty and Limitation of Liability
To the fullest extent allowed by applicable law, the Keto Klang are not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, the Application or Web or any materials available in the Application or Web. The Keto Klang Parties shall not be liable even if the Keto Klang or a Keto Klang Parties authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
Except as expressly otherwise stated, the Keto Klang Parties do not make any warranty, express or implied, as to accuracy, reliability or availability of the Application or Web. Without limiting the generality of the preceding sentence, the Keto Klang Parties specifically disclaim, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the Application or Web.
Keto Klang does not guarantee that the functions contained in the Application or Web will be secure, uninterrupted or error-free, that the Application will be free of viruses or other harmful components, or that defects will be corrected even if Baskin-Robbins Malaysia is aware of them.
Except as set forth below, in no event will Keto Klang Parties’ total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the Application or Web or MYR100, whichever is less. Where permitted by applicable law, you agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.
Nothing in these Terms will exclude or limit the Keto Klang Parties’ liability for any product liability claims, statutory consumer rights, damages associated with death or personal injury or caused by our intentional misconduct, recklessness, misrepresentation, gross negligence, willful misconduct or fraud.