TERMS OF USE AGREEMENT
This agreement (the “Agreement”) on the terms of use of this website located at http://www.krispykreme.com.my (the “Site”) is between Berjaya Krispy Kreme Doughnuts Sdn Bhd (Company No. 223886-W) (“we” or “us”) and all visitors and users of the Site (“you”). By accessing the Site, you signify your assent to this Agreement. If you do not accept the terms of this Agreement, then please do not use or access the Site. We reserve the right to change this Agreement at any time in its sole discretion, but if we do, we will post those changes on the Site. We encourage you to review this Agreement from time to time for possible changes. Your continued use or access of the Site shall constitute your acceptance of any changes to this Agreement. When using Site features, you will be subject to any additional posted guidelines or rules applicable to Site features, and such additional guidelines and rules are hereby incorporated by reference into this Agreement.
OWNERSHIP OF SITE, TRADEMARKS AND COPYRIGHTS
We own and operate the Site and have the permission to use all content and materials on the Site, including without limitation, any and all images, photographs, characters, text, statistics, trademarks, logos, graphics, illustrations, and audio and video clips. Much of the content and materials on the Site are copyrighted and are owned by Krispy Kreme Doughnut Corporation (“Krispy Kreme”) or its affiliates. You may view the materials from the Site only for your own personal, noncommercial use. Except to the extent permitted by relevant copyright legislation, you may not copy, upload, post, transmit, reproduce, distribute, modify or publicly display the content and materials on the Site, or produce derivative works of such content and materials. Krispy Kreme and other associated logos are proprietary trademarks or service marks of Krispy Kreme or its related entities. You may not use these or any of Krispy Kreme’s other trademarks or service marks without the written permission of Krispy Kreme. In addition, other logos on the Site are proprietary trademarks or service marks of Krispy Kreme’s business partners. You may not use such logos without the written permission of the owner. This Agreement does not confer any license or right under any copyright or trademark of Krispy Kreme or any third party.
USE OF SITE FEATURES
When using certain features of the Site, you understand that you may be required to register by providing certain personal information. If you elect to provide such personal information, you agree that we or Krispy Kreme may use this information to enforce this Agreement. In consideration of your use of this Site, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provisions of and/or registration for any Site features, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, we have the right to refuse any and all current or future use of the Site features. We may change, suspend or discontinue any Site feature at any time. We also may impose limits or restrict access to certain Site features at any time.
PRIVACY POLICY
You agree to review our privacy policy. Our privacy policy is incorporated by reference herein and made a part of this Agreement.
EXTERNAL WEBSITES
While the Site contains links to, or frames third-party websites, we are not responsible for the content or security of any linked or framed sites. We provide these links as a convenience and not as an endorsement. You may not establish a link to the Site without our prior written consent. You may not frame or incorporate the Site or any content of the Site in another website without our prior written consent.
ORDERS AND PURCHASES OF PRODUCTS
If we make available product offering on this Site, additional terms and conditions may be applicable to online purchase from this Site. We may change or withdraw our product offerings on this Site, if any, at any time.
DISCLAIMERS AND LIABILITY LIMITS
While we attempt to provide accurate information on the Site, we assume no responsibility for accuracy, including but not limited to typographical errors or omissions. To the fullest extent permitted by applicable law, USE OF THE SITE, INCLUDING THE SITE FEATURES, IS AT YOUR EXCLUSIVE RISK. All material on the Site is provided “as is” and does not constitute a warranty of any kind, either express or implied. We disclaim all warranties, expressed or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. It also includes any expressed or implied warranties arising from any course of dealing, usage or trade practice.
We DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR VIRUS OR ERROR FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. We are not liable for any direct, indirect, special, incidental or consequential damages arising out of the use – or the inability to use – the SITE. This includes but is not limited to the loss of data or loss of profits, even if we were advised of the possibility of such damages.
JURISDICTION AND CHOICE OF LAW
This Agreement and all claims or issues regarding the Site shall be governed according to the laws of Malaysia. Any legal action concerning this Agreement or the Site must be brought in Malaysia.
SEVERABILITY
If any provision of these Terms of Use is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Use will remain in full force and effect.
If you have questions or need further information, please send us an e-mail to the following address: enquiry@krispykreme.com.my. You may also contact us by mail at the following address: Berjaya Krispy Kreme Doughnuts Sdn Bhd, Lot 07-33, Level 7, Berjaya Times Square, No 1, Jalan Imbi, 55100 Kuala Lumpur, Malaysia.
