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Terms of Use


These Terms of Use govern your use of Marta’s Kitchen Sdn Bhd (Company reg 1118289-k) website (“www.martaskitchen.my”) and the services provided via the website. Please read these Terms of Use together with related policies, such as our Delivery Policy and Refund Policy, which also form part of these Terms of Use, carefully before using the Website. 

Agreement to Terms 

By using the Website, you agree to these Terms of Use and the Privacy Policy which are incorporated herein by reference. Each time you use the Website, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the Website. 

Marta’s Kitchen may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Websites. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Websites. 

Accounts 

You may be required to create an account and specify a password to use certain features on the Website. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information. 

You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by mail at [contact.martaskitchen@gmail.com]. You agree to indemnify and hold harmless Marta’s Kitchen for losses incurred by Marta’s Kitchen or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password. 

Hyperlinks 

This Website may contain hyperlinks to third-party websites. Marta’s Kitchen does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Marta’s Kitchen is not responsible or liable for any Content or other materials on these third party websites. 

Governing Law and Severability 

These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Websites resides in the courts of Malaysia, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. 

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. 

Payment 

Payments are processed by [iPay88 Gateway], a limited liability company {“iPAY88(M) SDN BHD”}, incorporated and existing under the laws of [Malaysia].

The Payment Provider reserves the right to provide other payment methods or to no longer offer certain payment methods. The end customer chooses the payment method when placing the respective order. Provided that the end customer chooses an online payment method, the payment might be processed by an external payment provider cooperating with the provider. Card data will, in this case, be stored for future orders by the payment provider, on the condition that the end customer chooses the respective storage of such and hereby gives consent to it. 

Limitation of Liability 

The Websites and the Content are provided on an “as is” basis. Marta’s Kitchen’s liability and your exclusive remedy with respect to your use of the Website is to discontinue your use of the Website. Marta’s Kitchen shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Website or for any other claim related in any way to your use of the Website. These exclusions for indirect, special, consequential, and exemplary damages including, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if Marta’s Kitchen or any of its employees, agents or contractors has been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. 

Termination 

Marta’s Kitchen has the right to terminate your account and access to the Website for any reason, including, without limitation, if Marta’s Kitchen, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use. Marta’s Kitchen may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website. 

Force Majeure

If Marta’s Kitchen is prevented or delayed in the performance of any or all of its obligations under these Terms of Use due to an event of force majeure, then Marta’s Kitchen shall be excused performance or the punctual performance, as the case may be, of its said obligations and Marta’s Kitchen shall not be liable to you (whether in damages or otherwise) for such non-performance or delay in performance. "Force majeure" means any event which is beyond the control of Marta’s Kitchen, and includes exceptional weather conditions, floods, droughts, storms, lightning, high winds, typhoons, earthquakes, natural disasters, acts of God, aircrafts or aerial objects, explosion, fire, war, hostilities, insurgencies, terrorisms, civil commotions, riots, strikes or lock-outs on a city or industrial scale, industrial disputes, industrial actions by workmen, shortage of labour, goods, food or materials, breakdown of machinery or tools or systems; and acts or regulations of government and political interferences with the usual operations of Marta’s Kitchen.

Data Processing and Disclosure

Without prejudice to anything in the Privacy Policy, by placing an order, you confirm that you authorize, agree and consent to Marta’s Kitchen collecting, using, disclosing and/or processing personal data about you (whether provided by you before, during or after placement of the order, or that Marta’s Kitchen otherwise possesses about you) for the following purposes: (i) facilitating, processing, dealing with, administering, managing such order and payment for such order and any subsequent order that you may place; (ii) carrying out due diligence and other screening activities, or to prevent or investigate any fraud or breach of contract or unlawful activity, or complying with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction; (iii) conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to enhance Marta’s Kitchen products, services and/or operations, and/or otherwise for Marta’s Kitchen business operations and purposes; (iv) storing, hosting, backing up (whether for disaster recovery or otherwise) of such personal data, whether within or outside Malaysia (collectively, "Purposes"). Marta’s Kitchen may disclose personal data about you to Marta’s Kitchen affiliates and/or third-party service providers and/or agents ("Representatives"), who perform certain functions for Marta’s Kitchen in connection with the Purposes, so long as disclosure is necessary to enable such Representatives to perform the said functions. The Representatives may be located within or outside Malaysia. In this regard, you hereby acknowledge, agree and consent that the said Representatives may, to the extent necessary to perform the said function, collect, use, disclose, process and/or store your personal data.