Terms And Conditions
Ownership And Trademarks
Kudacart.com and the website are owned by Kudacart Fine Food PLT (the "Company"). All product names, products pictures, contents, company names and logos appearing on this website are the property of the company.
DISCLAIMERS AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF Kudacart.com IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, OR CONTENT PROVIDERS ("PROVIDERS") Or SUPPLIERS WARRANT THAT Kudacart.com WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Kudacart.com OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH Kudacart.com; AND IF THEY ARE NOT, THE COMPANY'S SOLE MAXIMUM LIABILITY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO EITHER REFUND THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER, OR TO REPLACE AND DELIVER AN EQUIVALENT FLORAL ARRANGEMENT OR AFFECTED FOOD STUFF PRODUCT AS SOON AS REASONABLY PRACTICABLE.
You acknowledge that Kudacart.com contains information, data, software, photographs, graphs, videos, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, download, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
The Company does not claim ownership of any Content you submit or make available for inclusion on the website. However, with respect to all such Content, including, without limitation, creative ideas, suggestions, content, postings, artwork, material or other submissions whether via email, feedback, a public forum or otherwise (collectively, "User Submissions"), you grant the Company, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from and exploit such User Submissions in any manner, including on the website or any other websites, in television programs, on radio, in books, magazines, articles, commentaries, and in any other medium now known or later developed without your consent. You also warrant that you own or otherwise control all of the rights to any User Submissions you submit or post on or to the website or otherwise transmit to the Company and that our public posting and other public or private use of such User Submissions will not infringe the rights of any third party. You acknowledge that you are not entitled now, or in the future, to any compensation for any User Submissions you may submit or post and you waive the benefits of any moral rights or any similar laws.
In addition, the Company may, in our sole discretion, at any time and without prior notice to you, suspend or terminate any public forum, any other portion of the website, or the subscription or registration of any user who violates any of these terms and conditions of use, any of the rules, regulations or guidelines or for any other behavior that we in our sole discretion believe is.
USE OF PUBLIC FORUMS
A "public forum" means any publicly accessible message board, chat room, discussion group, folder, survey, contest, user review and rate forum, or other interactive service or promotion on or accessible via the website , and includes both public boards and folders. You must use, subscribe, or register in accordance with instructions that you will find on the website in order to participate or contribute to any public forum. You may not submit or post on any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person's privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other Content, or attempt to do any such acts. You may not use any public forum in a commercial manner. You may not submit or post material that solicits funds, or that advertises or solicits goods or services. You may not submit or post any User Submissions or material that you know, or should have known, to be false. You may not submit or post messages regarding stocks or other securities. You may not submit, post, or transmit any information, software or other material that contains a virus or other harmful component.
Kudacart.com is not responsible for any User Submissions or material appearing in any public forum on the website, except for Content signed by one of our identified authorized representatives. We do not screen User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the rights set forth below in The Company's Rights section.
DISTRIBUTION/UPLOADING BY USERS OF THIRD PARTY CONTENT
Except as otherwise set forth in these Terms, you agree not to upload to or otherwise distribute on the website any Content created or owned by others which is subject to any copyright or other proprietary rights of any third party. The unauthorized submission or distribution of copyrighted or other proprietary third party Content is illegal and could subject you to criminal prosecution as well as personal liability for damages. You, not the Company, or its Affiliates, or any of their respective officers, directors, agents, employees, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
THE COMPANY'S RIGHTS
The Company is not responsible for screening, policing, editing, or monitoring Content (including User Submissions). The Company (or its Affiliates) may elect, but is not obligated, to monitor, electronically or otherwise, areas of the website and may disclose any Content (including User Submissions), records, or electronic communication of any kind and information you provide to the Company or its Affiliates, through the website or otherwise, including all merchandising channels, (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate the website and/or the overall business of the Company and its Affiliates; or (iii) to protect the rights or property of the Company, users of the website, Affiliates, subscribers, customers, recipients, Sponsors, Providers, Licensors, or Merchants. Subject to the "Copyright Agent" provisions above, if notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the website.
The Company reserves the right to prohibit or remove conduct, communication, or Content (including User Submissions) that it deems in its sole discretion to be harmful to users of the website, subscribers, customers, recipients, Providers, Merchants, Sponsors, or Licensors, content or service providers, the Company or its Affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company, nor its Affiliates, Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither the Company, nor its Affiliates, nor any of their respective officers, directors, employees, agents or employees, nor any Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content (including User Submissions) on the website.
ORDER ACCEPTANCE POLICY
All orders received are subject to acceptance by Kudacart Fine Food PLT and we reserve the right to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received via the payment method used to place the order.
At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before or after the offer end date.
In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall 'prevail'. We are unable to offer special offer discounts for purchases that have already been made.
As our special offers are contingent on the availability of products, we may change the terms of special offers, or withdraw them altogether, at any time, and without prior notice.
We also reserve the right to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
TERMINATION OF USAGE
Kudacart.com is owned by Kudacart Fine Food PLT. The Company makes no representation that this website or the Content is appropriate or available for use in other locations, and access to them from territories where Content is illegal is prohibited. Those persons and entities that choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any and all claims, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, marketing, or selling of any and all products and services of the Company and its Affiliates, through all merchandising channels, including but not limited to, the internet, this website, telephone, catalog, radio, television, mobile device and participating retail stores or the Content shall be governed by the internal substantive laws of Malaysia without regard to its conflict of laws principals. The exclusive venue and jurisdiction for all claims and disputes shall be the appropriate state or federal courts located in Malaysia and you and we hereby irrevocably consent and submit to the exclusive jurisdiction of these courts.
ACKNOWLEDGEMENT AND CHANGES
ALL RIGHT RESERVED
There is no part of the website include photos, descriptions, names, contents and basically everything published on the website, at anytime should be copied, reproduced or stored in any form by means including written, electronic or mechanical means without the written permission / approval of the copyright from Kudacart Fine Food PLT or Kudacart.com.
Any person who violate the above or any unauthorized act in relation to this copyright work, he, she or company, may be liable for a civil claim for damages and a criminal prosecution.