CAKESGRAM TERMS AND CONDITIONS

Welcome to Cakesgram, an online-based marketplace managed and operated by Citrine Plexus Sdn. Bhd. (Co.No.1075247-W). Before you start using our Site and/or our Services, please read the following terms and conditions carefully. By accessing and using our Site and our related Services (including but not limited to the sale and purchase of Service Voucher), it is deemed that you have read and accepted the following terms and conditions. If you do not agree to these terms and conditions, please refrain from accessing or using our Site and our related Services.

The Terms & Conditions listed below spell out your rights and obligations in connection with the use of the Cakesgram via the website www.cakesgram.com. Cakesgram provides the content & services available on www.cakesgram.com to you subject to the following terms & conditions.

By accessing or purchasing from www.cakesgram.com, you are acknowledging that you have read, understand & agree, without limitation or qualifications, to be bound by these Terms & Conditions.

1. Definition

For the purpose of these Terms and Conditions, the following definitions shall apply:-

 

 "Cakesgram" means the online-based marketplace named "Cakesgram" managed and operated via the website www.cakesgram.com by Citrine Plexus Sdn. Bhd. (Co.No.1075247-W), a company registered in Malaysia under the Companies Act 1965 and having its business address at Unit 6-1, Tower 3, Avenue 3, The Horizon, Bangsar South, Jalan Kerinchi, 59200 Kuala Lumpur, Malaysia, referred to in these Terms and Conditions as "Cakesgram", "we", "us", "our" and/or "ours".

 "Users" means the persons who access Cakesgram, interact with the services of Cakesgram, or purchase products / Service Vouchers on Cakesgram, will be referred to in these Terms and Conditions as "User(s)", "you", "your" and/or "yours”;

"Site" means the website, mobile application(s) and/or tablet application(s) of Cakesgram;

"Services" means the services provided by Cakesgram to Users through the Site;

"Service Voucher(s)" means the service voucher(s) sold by third party businesses ("the Merchants") through Cakesgram which are made available for direct purchase by Users on the Site with/without time bound at promotional value.

 "Buyer(s)" means the User(s) who has purchased a product(s) / Service Voucher(s) from the Site.

 “Seller(s) / Merchant (s) / Shop(s)” means vendors that are marketing their products or services on Cakesgram with an intention to receive payment or make a fee income.

2. Use of Site and Services

You may use our Site and Services by implying your consent to comply with all Terms and Conditions and to provide us with accurate, complete and up-to-date information when using our Site and Services.

 

You shall be solely responsible for your User Identity (ID) and Password when using our Site and Services.

Children below the age of 18 are strictly prohibited to use our Site or Services. By using the Site and Service, you are representing to us that you are above the age of 18 and you are legally competent to accept and to comply with these Terms and Conditions. In the event the User is below the age of 18, then the parents or guardian of the underage User shall bear full responsibility for the actions of the underage User and shall indemnify us for any claims, losses or damages arising as a result.

 

By accessing and using our Site and Services, you hereby agree:-

• to use the Site and/or Services only for your personal and non-commercial purpose;
• not to do or caused to be done any unlawful, immoral and/or illegal activities while using the Site and/or Services;
• not to abuse the Site and/or Services in a way which will cause harassment or distress to other persons, or which indirectly reflects negatively on Cakesgram and/or its Merchants;
• not to collect any personal data from Cakesgram without authorisation including but not limited to names and/or contact details of other persons;
• not to nor attempt to gain access to the private secured area of the Site and/or Services to which you do not have any rights of access including source code of the software that enables the operations of the Site;
• not to nor attempt to interfere with the operations of the Site and/or Services;
• not to nor attempt to expose the operation of the Site and/or Services to any risk;
• not to upload or send any form of virus, worm, Trojan horse or other malicious code onto the Site;
• not to use the Site and/or Services to create or send unsolicited electronic communications or spam;
• not to use the Site and/or Services for any dishonest and fraudulent purpose;
• not to copy or distribute any content of the Site and/or Services in any medium without authorisation from Cakesgram;
• not to impersonate, pretend to be another person, or hijack another person’s identity.

Should the User suffer any loss or damages as a result of breakdown or interruption in the internet connection or any form of telecommunication error while accessing or using the Site or our Services, Cakesgram shall not be held liable for any such loss or damages.

Cakesgram does not warrant that access to or use of this Site is free from any computer viruses or any other harmful effects related to computer technology.

Cakesgram reserves the absolute right to place any advertisement at any time and any place on the Site.

 Cakesgram shall not be responsible or liable for any telecommunications or data plan charges which are incurred by you as a result of your usage of the Site or Services.

3. Creating Your Cakesgram Account

You will be required to create an account with Cakesgram in order to access certain Services, including member benefits.

 A Cakesgram account can be created either by registering directly on our Site or by allowing Cakesgram to connect through your social media platform(s) or e-mail platform(s).

Upon registration, you will obtain a personal User ID. Please take note that you will be solely responsible to maintain your User ID without disclosing it to any third party. In the event that your User ID has been compromised or used by person(s) other than you to access our Site and/or Services, we will assume that the said access has been made by you.

To avoid your User ID being used by unauthorized person(s), please take the necessary steps e.g. to change your password on a regular basis and to reset your password immediately once your account is found compromised. You are solely responsible to ensure that your password is protected at all times, failing which any loss or damages incurred as a result shall be your sole liability.

We do not allow registration of individuals or entities whose privileges to access our Site and/or Services had been previously terminated by us and you shall not allow any of those individuals or entities to use your account for purpose of accessing our Site and/or Services.

You are prohibited from creating multiple emails to log-in to the Site, abusing the Site to cheat or perpetuate fraud and/or creating disturbance or annoying other Users. In the event you are guilty of the above said wrongdoings, your Cakesgram account shall be immediately suspended.

 

4. Managing Your Cakesgram Account

After creating a Cakesgram account, you can always update your registered information in your Cakesgram user profile.

You are advised to immediately update your registered information if there is any change of the said information whereby we shall not be responsible for any losses incurred due to your failure to update the said information.

All transactions made by you on our Site will be based on the information provided by you. If you have purchased a Product or Service Voucher with outdated information and the transaction of Service Voucher has been completed before any amendments is being made, you are required to contact Cakesgram immediately with regards to the changes of your registered information, if necessary.

5. Purchasing a Products / Service Voucher

To purchase a products or Service Voucher from Cakesgram, you can either purchase it directly from the Site as a guest, or purchase as a member of the Site by logging-in to your Cakesgram account.

 

After successful payment of a Products or Service Voucher on Cakesgram, you will receive a confirmation of the payment by e-mail from us, followed by a separate e-mail attaching the purchased Service Voucher. The eligibility period for the redemption of the Service Voucher is 3 months as stated in the purchased Service Voucher.

A unique redemption code will be listed on each Service Voucher purchased and the said code can be used to redeem the purchased services from the Merchant. The procedures for making the redemption will also be stated on the Service Voucher for your easy reference.

You are free to print the Service Voucher issued by Makandeal and to redeem the Service Voucher with the relevant Merchant pursuant to the terms and conditions of the Service Voucher after purchasing the Service Voucher.

You are not allowed to cancel a Service Voucher purchased in Makandeal once the payment for the Service Voucher has gone through.

6. Responsibility of Merchant

Cakesgram acts as a marketplace to allow the Merchant to offer and sell its Products or Service Voucher to the User(s) of Cakesgram. All products or Service Vouchers made available for the Users’ purchase are being sold by Cakesgram on behalf of the Merchant.

 

As the ultimate service provider, the Merchant (and not Cakesgram) shall be solely responsible to indemnify the Buyer for any kind of losses, damages and injuries suffered by the Buyer arising directly or indirectly from the Services offered by the Merchant during or after the provision of the relevant services to the Buyer. The Merchant shall also indemnify the Buyer for any unclaimed property or liability arising from unredeemed or partially redeemed Service Vouchers at its own costs.

7. Termination and Amendments

We may modify, change or terminate our Site and/or Services at our sole discretion at any time without prior notice.

 

We may also terminate or amend these Terms and Conditions at our sole discretion at any time without prior notice.

In the event that you have breached any of these Terms and Conditions, these Terms and Conditions shall terminate automatically, save and except for terms and conditions in relation to a pre-existing purchase of a Service Voucher.

Upon termination of these Terms and Conditions, you shall cease to use our Site and/or Services immediately. Nevertheless, these Terms and Conditions shall continue to apply to the purchase of Service Voucher made prior to the said termination.

 

8. Disclaimer

 The use of our Site and/or Services is at the sole risk of the Users. Our Site and/or Services are made on an "as-is", "as-available" and "with all faults" basis. Neither we, our affiliates and any of our employees, agents, suppliers and Merchants make express promises or guarantees about our Site and/or Services, warrant that use of our Site and/or Services will be uninterrupted or error-free, nor make any warranty as to (i) the results that may be obtained from use of our Site and/or Services, or (ii) the accuracy, reliability or content of any information, service or Service Vouchers purchased from this Site.

 

We hereby disclaim any representations, warranties or conditions, whether express or implied, including, but not limited to, those of non-infringement, merchantability, and fitness for a particular purpose.

Any information and/or representation given by a Cakesgram’s representative, whether verbally or in writing, shall not form any contractual promise.

 

9. Limitation of Liability

Save and except for liabilities in relation to the sale of Service Vouchers to the extent as permitted by law, we, our affiliates and any of our employees, agents, suppliers and Merchants shall not be liable for lost of profits or any special, incidental or consequential damages incurred by any Users arising out of or in connection with our Site and/or Services whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

We, our affiliates and any of our employees, agents, suppliers and Merchants shall not be responsible for all conditions, warranties and other terms which may otherwise be implied by the applicable law.

 

• Force Majeure

We shall not be made liable for our failure to perform or delay in performance of any of our obligations under these Terms and Conditions in the event of national emergency, war, prohibitive governmental regulation, fire, explosion, storm, flood, earthquake, natural disaster or if any other cause beyond our control that affects our performance of our obligations under these Terms and Conditions.

 

• Indemnity

You agree to indemnify and compensate us for all losses, expenses and other costs (including but not limited to legal fees) incurred by us due to or arising out of your breach of these Terms and Conditions. This clause shall continue to apply upon the termination or expiry of these Terms and Conditions as well as your use of our Site and/or Services.

 

• Reservations of Rights and Release

We shall have the right, but not the obligation, to monitor the contents of our Site and/or Services at all times and to take any action which we deems fit with regards to disputes occurring between you and other Users and/or Merchants.

To the extent that the law permits, you hereby release us from any claims or liability arising out of or in connection with any contents displayed on our Site or the conduct of other Buyers and/or Merchants.

 

• Intellectual Property

We are the owner of all intellectual property rights of any kind in relation to our Site and/or Services as well as the content of our Site, including but not limited to applicable copyrights, trademarks and other proprietary rights. We reserve all rights that are not expressly granted to you in these Terms and Conditions and our Site and/or Services and you are not allowed to use or exploit any of our intellectual property rights without our authorization.

 

"Cakesgram" is our trademark. All rights in respect of this trademark are hereby expressly reserved.

Other products and company displayed on our Site or provided as part of the Services may be trademarks of their respective Merchants.

You agree to grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and publicly display in any form or medium, whether now known or later developed without territorial or time limitations, and to sublicense any or all of your intellectual property rights through multiple tiers of sub-licensees in any manner we choose.

In the event you find any content on our Site infringing your copyrights, you may notify us at [email protected] by providing us the following information in writing:-

your physical or electronic signature as the copyright owner or the representative of the copyright owner;

information of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

information of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

your contact details, such as the person-in-charge, your address, telephone number and e-mail address;

your written statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and

 your written statement that the information in your notice is true and accurate to the best of your knowledge and belief, and that you are the copyright owner or the representative of the copyright owner.

• Communications

All communications between the Users and us will be made in an electronic form, either through posts on our Site or via e-mail.

You agree that all terms and conditions, agreements, notices, disclosures, and other communications that provided to the Users electronically by us satisfy any legal requirement that such communications would satisfy as if it were being made in writing.

 

• Privacy Policy

Our policy regarding our use of personal information, cookies and links to third party sites can be found in our Privacy Policy. You are required to check and agree to our Privacy Policy displayed on our Site.

Cookies

The Sites use cookies. Users understand that they must have cookies enabled on their computer in order for all functionality on the Sites to work properly. This is the default setting for most modern browsers. Users are to refer to their browser's Help for more information about enabling cookies.

A cookie is a small data file that is written to a User’s hard drive when the User visits certain websites. Cookie files contain certain information, such as a random number user ID that the Sites assign to a visitor to track the pages visited. The only information a cookie can contain is information that User’s supply themselves. A cookie cannot read data off a User’s hard disk or read cookie files created by other websites.

Cookies allow a User to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any User. Only information provided voluntarily is stored, but this information is not personally identifiable.

 

 

• General Terms

We may amend these Terms and Conditions from time to time by posting the amendments on our Site. The amended Terms and Conditions shall automatically become effective after they are posted on our Site.

 

You are responsible to check our Site from time to time to view any such amendments and if you do not agree to any amendment made by us, you shall cease to use our Site and/or Services immediately. Your continuous use and access to our Site and/or Services shall indicate your acknowledgment of such amendments and your consent to be bound by such amendments.

You and we are independent parties, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

You are not allowed to assign or novate, or attempt to assign or novate these Terms and Conditions or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent.

 In the event any part of these Terms and Conditions are held ineffective, invalid or unenforceable by a court, the other provisions shall continue to apply.

If you breach any of these Terms and Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation. Our rights under these Terms and Conditions will survive any termination of these Terms and Conditions.

These Terms and Conditions and all documents and communications directly or indirectly relating to it shall be in the English language.

• Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.

 

Parties to these Terms and Conditions submit to jurisdiction in Malaysia and further agree that any cause of action arising out of or in connection with our Site and/or Services shall be brought exclusively to a court in Malaysia.