Terms of Service

Terms of Service

 

In General

MustCake (www.mustcake.com) is owned and operated by Celebratory Sdn. Bhd. This document governs your relationship with MustCake. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by Celebratory Sdn. Bhd. We have no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Celebratory Sdn. Bhd. will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Celebratory Sdn. Bhd. or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Celebratory Sdn. Bhd. and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

Terms of Sale

By ordering and confirmed to us, you are subject to the following terms and conditions applied to your order. All orders are subject to availability and confirmation. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with MustCake, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. When placing an order, you are required to provide all the necessary information for us to process your order. By confirming your order, we assumed that you acknowledged to the details contained in the order are true and accurate in all respects, which include that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. Be sure that upon placing your order, you are contactable through either WhatsApp/SMS or call as there might be error or mistake which may need you to clarify in order for things to run smoothly.

Once your order is accepted, we will inform you through WhatsApp/SMS or email and we will confirm the identity of the party which you have contracted with. This will usually be Celebratory Sdn. Bhd. or may in some cases be a third party. Where a contract is made with a third party, Celebratory Sdn. Bhd. is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.

Pictures shown are for illustration purpose only. Kindly pay attention to cake ingredients should you have allergy issue or halal concern, things that come with it, such as candles, flowers, timing of delivery, and to ensure the accuracy of delivery date for pre-order. Chilled products must be kept refrigerated.

 (a) Our Contract: When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those products listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. At the meantime, we will inform you through WhatsApp/SMS when your order has been collected and shipped by logistic company.  

(b) Pricing and Availability: All prices as stated in this Website are fixed. Whilst we try to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any products which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the product, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total'.

(c) Payment upon receiving your order: All payment has to be settled either via online banking or debit/credit card. You will be asked to choose your preferred mode of payment at the time of check out. We carry out a standard authorization check on your payment card to ensure that there are sufficient funds to fulfill the transaction. Your card will be debited upon authorisation being received. A copy of acknowledgement email will be forwarded to you once payment is successful. The monies received upon debiting of your card shall be treated as a deposit against the value of the product you wish to purchase. Once the product has been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be treated as consideration for the value of product you have purchased as listed in the confirmation email. 

 

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Celebratory Sdn. Bhd. and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute products and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Celebratory Sdn. Bhd.'s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Celebratory Sdn. Bhd. and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Celebratory Sdn. Bhd.

 

Indemnity

You agree to indemnify, defend and hold harmless Celebratory Sdn. Bhd., its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

 

Variation

MustCake has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please do drop us an email at enquiry@mustcake.com or message us at 012-379 0112 should you have any complaints or comments. You may even talk to us through Live Chat!

 

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Celebratory Sdn. Bhd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Celebratory Sdn. Bhd.