Terms of Service
SurfMusicArtStyle Sdn Bhd (hereinafter referred to as "Vanilla Pods by Kim", "we", "us" or "our") operates this website and electronic commerce platform selling cakes, desserts and sweet treats (“Platform”).
Please read the following terms and conditions ("Terms of Service", "Terms") carefully before accessing or using our Platform. By accessing our Platform on any computer, mobile phone, tablet, console or any other device (collectively, "Device"), you signify that you have read, understood and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of the Platform.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Platform. Any new features or tools which are added to the Platform shall also be subject to the Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes. If you do not agree to these Terms of Service, please do not use this Platform. If the Terms are considered an offer, acceptance is expressly limited to these Terms of Service.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of domicile, or that you are the age of majority in your place of residence and you have given us your consent to allow any of your minor dependants to use the Platform.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your use.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve:
- Transmissions over various networks; and
- Changes to conform and adapt to technical requirements of connecting networks or devices
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform or any contact on the website through which the Platform is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on our Platform is not accurate, complete or current. The material on our Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Platform is at your own risk.
The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Platform at any time, but we have no obligation to update any information on the Platform. You agree that it is your responsibility to monitor changes to our Platform.
Pricing and Service Modifications
Prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Platform (or any part or content thereof) at any time without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Platform.
Products and Services
Certain products or services may be available exclusively on our Platform. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy where applicable.
We have made every effort to display the colours and images of the products that appear on our Platform as accurately as possible. We cannot guarantee that your Device monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-to-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on our Platform is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Platform will be corrected.
Intellectual Property
All intellectual property on the Platform (except for User Generated Content - defined below) is owned by SurfMusicArtStyle Sdn Bhd or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Vanilla Pods by Kim logo) are owned, registered and/or licensed by SurfMusicArtStyle Sdn Bhd. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (collectively, "Content") is a collective work under copyright laws and is the proprietary property of SurfMusicArtStyle Sdn Bhd; All rights reserved.
Billing Accuracy and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-Party Links
The Platform may contain links to websites, applications or other products or services operated by other third-party companies.
Third-party links on the Platform may direct you to third-party websites that are not affiliated with Vanilla Pods by Kim. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Mobile Services
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
User Generated Content
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, comments or other materials, whether online, by email, by postal mail, or otherwise (collectively, "User Content"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content that you forward to us.
We are and shall be under no obligation to:
- Maintain any comments in confidence;
- Pay compensation for any comments; or
- Respond to any comments
We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information and Privacy
Our Privacy Policy, which is incorporated into these Terms of Service by this reference, further describes the collection and use of information on this Platform. Your submission of personal information through the Platform is governed by our Privacy Policy.
Username and Password
You are responsible for any actions that take place while using your vanillapodsbykim.com account. Keep your username and password secure and do not allow anyone else to use your username and password to access the Platform. We are not responsible for any loss that results from the unauthorised use of your username and password, with or without your knowledge.
Errors, Inaccuracies and Omissions
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied should be taken to indicate that all information on the Platform has been modified or updated.
Platform Usage Restrictions
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Platform or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related platform, other platforms, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Platform or any related platform, other platforms, or the Internet.
We reserve the right to terminate your use of the Platform or any related platform for violating any of the prohibited uses.
User Interaction Disclaimer
You are solely responsible for your interactions with other people, whether online or in person. Vanilla Pods by Kim is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. We are under no obligation to become involved with any user dispute, but may do so at its own discretion.
Warranty Disclaimer; Limitation of Liability
Vanilla Pods by Kim does not guarantee, represent or warrant that your use of our Platform will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable.
You agree that from time to time we may remove the Platform for indefinite periods of time or cancel our service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Platform is at your sole risk. The Platform and all products and services delivered to you through the Platform are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Vanilla Pods by Kim, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or products procured using the Platform, or for any other claim related in any way to your use of the Platform or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content (or product) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. Because some states, countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Vanilla Pods by Kim and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Platform, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platform (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Platform or in respect to the Platform constitutes the entire agreement and understanding between you and us and govern your use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Changes to Terms of Service
You can review the latest version of the Terms of Service at any time at this page. Vanilla Pods by Kim reserves the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Platform. It is your responsibility to check the Platform periodically for changes. Your continued use of or access to the Platform following the posting of any changes to these Terms of Service constitutes acceptance of those changes.