Terma & Syarat

• ACCEPTANCE OF TERMS AND CONDITIONS
  
  
  • Think City Sdn. Bhd. (Registration No. 200901026839 (869941-P)) (“Think City”, “we”, “us” or “our”) owns and operates the website accessible at www.myk2k.com.my, the mobile and desktop versions and any sites we have now or in the fut ure that reference these Terms and Conditions (collectively, “Bakul K2K Website”). The Bakul K2K Website, any social media accounts controlled by us (including our Instagram accounts with the handles @mythinkcity and @ruangbythinkcity, and our Facebook accounts with the handles @bakulk2k and @mythinkcity (“Social Media Accounts”) and our services herein described in these Terms and Conditions shall be collectively referred to as the “Services”.
  
  
  • By (a) using the Services, (b) signing up for an account on the Bakul K2K Website (“Account”), and/or (c) completing any transaction through the Services, you (“User”) agree to the Terms and Conditions (defined below) and any additional terms applicable to certain services in which you may elect to participate.
  
  
  • You also agree to our Personal Data Protection Policy, incorporated herein by reference and located at www.[] (“Personal Data Protection Policy”). You further agree to our Cookie Policy, incorporated herein by reference and located at www.[] (“Cookie Policy”). You acknowledge that you will regularly visit the Terms and Conditions to familiarise yourself with any updates.
  
  
  • The term “use” and its derivatives also include any person or entity that accesses or uses Services and/or any related or ancillary services with crawlers, robots, data mining, or extraction tools or any other functionality.
  
  
  • Your access to, and use of the materials contained in, the Bakul K2K Website is conditional on your acceptance and compliance with the terms, conditions, policies, notices and disclaimers contained in this document or elsewhere on the Bakul K2K Website (“Terms and Conditions”). By using Bakul K2K Website, you agree to be bound by these Terms and Conditions.
  
  
  • If you do not agree to these Terms and Conditions, immediately stop using the Services and do not continue participating in any Services offered through the Bakul K2K Website.
  
  
• INTRODUCTION AND BACKGROUND
  
  
  • Bakul K2K is a platform that offers fresh, carefully selected, nutritious and high quality produce and consumable goods at an affordable price. Our produce and goods (“Goods”) are collected into specially-curated grocery baskets (a “Bakul” or several “Bakuls”) for purchase by consumers. Each Bakul is unique and contains a selection of meat, fish, fruit, vegetables, grains and other pantry staples.
  
  
  • No two Bakuls are exactly the same but each Bakul is offered at a price reflecting the aggregate value of the produce and goods contained, often at a steep markdown from comparable platforms or sellers.
  
  
• REGISTRATION
  
  
  • In order to purchase a Bakul, you may be required to register an Account with the Bakul K2K Website.
  
  
  • You may only create and hold one Account on the Bakul K2K Website for your personal use. Your Account is non-transferrable.
  
  
  • To register for an Account with the Bakul K2K Website, you must be over eighteen (18) years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
  
  
  • As part of your Account settings, you have the option to:
  
  (a) save, edit, or delete your personal information; and
  (b) opt-out of persistent login.
  
  
  • You understand and agree that Think City shall have no responsibility for any incident arising out of, or related to, your Account settings.
  
  
  • You must safeguard your password and supervise the use of your Account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Services or transacting through your Account is you. You agree that you are solely responsible for any activity that occurs under your Account. If you believe your password or the security of your Account has been breached in any way, you must notify us immediately.
  
  
  • You cannot sell, combine, or otherwise share your Account with any other person. Any violation of these Terms and Conditions, including, without limitation, failure to maintain updated and correct information about your Account may result in us being unable to offer you the Services (or promotions or refunds thereunder) and may result in suspension or cancellation of your Account.
  
  
  • Upon termination, the provisions of these Terms and Conditions that are, by their nature, intended to survive termination (such as any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Services, including, without limitation, requirements for use.
  
  
  • Think City allows one or more corporations to perform orders and logistics (including fulfilment of Bakul orders) on behalf of a User (“Facilitator”). Each Facilitator also agrees to be bound by these Terms and Conditions except that a warranty of Think City to a User shall not apply to those Facilitators. Facilitators will adhere to additional Think City policies from time to time applicable to them (“Facilitator Terms”) which may be separate from these Terms and Conditions.
  
  
• INFORMATION COLLECTED & USE OF INFORMATION
  
  
  • We take the privacy of your Personal Data (defined in the Personal Data Protection Policy) seriously. We encourage you to carefully review our Personal Data Protection Policy for important disclosures about ways that we may collect, use, and share Personal Data and your choices. Our Personal Data Protection Policy is incorporated in and subject to these Terms and Conditions, and available at [*PDP Policy URL].
  
  
  • When you use the Services or send emails or short messages (including internet based short messaging and instant messaging services or applications such as WhatsApp) to Think City, you are communicating with us electronically and you consent to receive electronic communications related to your use of the Services (“Communication Channels”).
  
  
  • These communications may include:
  
  (a) Notices about your Account;
  (b) Notices about your order, your delivery or your Bakul; Promotional communications;
  (c) Newsletters;
  (d) Special offers; Surveys; and
  (e) Other news and information that we think would be of interest to you.
  
  
  • You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Services or from which you otherwise email us.
    
    
• PRICING AND PAYMENT
  
  
  • We believe in offering our Users a fair price. You agree to pay the price applicable for the Bakul you order and you agree to pay all applicable fees, including, but not limited to, taxes, delivery fees and other charges related to your use of the Bakul K2K Website and our Services.
  
  
  • From time to time, the price of Bakuls may change due to, among other things, the availability, seasonality or price changes from our suppliers or Facilitators. We reserve the right to amend the prices on the Bakul K2K Website from time to time.
  
  
  • By providing a credit card or debit card, or by your bank account details on any financial processing exchange that we may use on the Bakul K2K Website, you represent and warrant that you are authorised to use that designated payment method and that you authorise us or our third-party payment processor to charge your payment method for the total amount of Bakul(s) ordered or other purchases, including any taxes, delivery fees and other charges. If the payment method cannot be verified, is invalid or is otherwise not accepted, the transaction may be suspended or cancelled. From time to time Think City may accept cash payments or cash upon delivery. If a cash upon delivery option is provided, then any refunds will also be made in cash.
    
    
  • Although we make every effort to maintain accuracy of the information maintained on the Bakul K2K Website, including pricing information and Bakul details, occasionally pricing and other information errors may occur. In the event that any Bakul is listed at an incorrect price, or with other incorrect information, we reserve the right to decline or to cancel any transactions, whether or not the transaction has been confirmed and/or your credit or debit card has been charged or your account has been deducted.
    
    
• DIETARY PREFERENCES AND RESTRICTIONS
  
  
  • Think City does not guarantee the accuracy of any nutritional information provided by Think City in relation to a Bakul, if any. Think City will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase, prepare, and consume are in accordance with your respective dietary needs or restrictions.
  
  
  • Bakuls may contain produce or goods that themselves may contain major allergens such as milk, wheat, egg, soy, fish, shellfish, peanuts, and tree nuts. Although we take reasonable precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing Bakuls to contain any or all of these allergens.
  
  
  • All meat and poultry products will be sourced from halal certified suppliers.
    
    
• BAKUL DESCRIPTION
  
  
  • Think City attempts to be as accurate as possible with all of our Bakul descriptions. However, we do not warrant that the descriptions, photos, videos, slideshows, moving images or other indicators of any Bakul is accurate, complete, reliable, current, or error-free. The Bakul delivered may vary from the images and descriptions viewed on the Bakul K2K Website due to a number of factors that are not within our control, including without limitation, system capabilities and constraints of your computer or mobile device, manufacturing process issues, the availability, seasonality and variability of Goods within the Bakul or rebranding or updates to the Goods’ packaging or labelling.
  
  
  • Although we will exercise commercially reasonable efforts to help ensure that the products conform to reasonable expectations, variations may sometimes occur.
  
  
  • If a Bakul offered by Think City itself is not as described, your sole remedy is to receive a refund for the Bakul as described in Section 12. Specifically, weights where displayed are approximate and intended to communicate approximate amounts of produce that you will receive in the Bakul. Whilst we do not anticipate weights to be incorrect, your sole remedy for any error or documented weight-related issue will be resolved via a credit or refund for the produce in question in a Bakul, the fair value of which will be reasonably determined by Think City.
    
    
• AVAILABILITY AND PRODUCT SUBSTITUTIONS
  
  
  • Although our goal is to fulfil 100% of each Bakul, given the perishable nature of the Bakul and its components, from time to time, certain products may be unavailable due to market conditions beyond our control or where quality falls below our standards.
  
  
  • At times where we have an item that, in our view, is similar to the item that you ordered within your Bakul, we may make a substitution. If you are unhappy with the substitution, please contact customer support under Section 27.
  
  
• STORAGE AND HYGIENE
  
  
  • Think City stores, selects and delivers the Goods in any Bakul(s), either through Think City or a third-party logistics operator. Think City does not manufacture, process or prepare any of the Goods.
  
  
  • Think City will ensure that all minimal requirements under the Food Hygiene Regulations 2009 will be observed and complied with, particularly with regard to the storage and carriage of Goods.
  
  
• DELIVERY
  
  
  • You are responsible for inspecting all Bakuls you receive from us for any damage or other issues upon delivery. You should properly store (including refrigeration when applicable) all produce you receive once a Bakul has been delivered. You are advised that not all frozen produce delivered can be re-frozen. We assume the person who receives the delivery is to be authorised to receive the delivery and that person shall accept the Bakul under all of the same terms and conditions that would apply had you accepted the delivery yourself. If you did not receive your delivery or if you are missing items, please contact customer support under Section 27. You acknowledge that your delivery may be performed and processed by a Facilitator.
  
  
  • Deliveries will be made to designated delivery sites either by us or through a Facilitator. Details on the delivery sites will be available on the Bakul K2K Website or at the checkout page. You acknowledge that home deliveries are not possible at this point in time, and it is your responsibility to collect your Bakul or Bakuls at the designated delivery site(s) at your own cost and expense.
  
  
  • At the delivery site, you may be required to show proof of purchase (such as the order confirmation print out or order number), proof of identity (such as your NRIC, Passport, Driver’s Licence or Kad OKU) and proof of address. A Facilitator may assist you in locating and handing over your Bakul. You are encouraged to inspect and determine the contents of your Bakul at the delivery site for any irregularities.
  
  
  • We are not responsible for:
  
  (a) mistakes you made during ordering;
  (b) delivery issues and quality issues arising from the recipient not being present at the time of delivery at the address supplied during ordering;
  (c) decreased product quality due to your prolonged inability to retrieve your Bakul from a delivery site; or
  (d) product quality problems caused by improper handling by the recipient.
  
  
  • There may be some instances, as a result of inclement weather, natural or national disaster, or other unforeseen circumstances, that your delivery cannot be made on your assigned delivery day, or that we may be forced to use another delivery site In those cases, we will try our best to notify you through our Communication Channels and we will make our best effort to deliver your order as close as possible to the assigned delivery day. In the case that we cannot deliver your Bakul at all, we will notify you by WhatsApp or other instant messaging service and refund you for the missed delivery if necessary.
  
  
  • Please ensure that your Bakul is collected promptly from the delivery site. Any Bakul not picked up within twenty-four hours will be forfeited by the customer and become the property of Think City. We may donate the Bakul or the Goods, or use the Bakul and the Goods at our discretion, as we see fit.
  
  
  • We do not guarantee that we will be able to deliver your Bakul to all locations. Please refer to the Bakul K2K Website from time to time as we add new locations that we can deliver to.
  
  
  • You acknowledge that Think City is offering Bakuls only to Users of selected areas (“Serviced Areas”). As such, if you had placed an order for a Bakul and we determined that you do not live in a Serviced Area, we may cancel your Bakul order and refund you any amounts you paid for your Bakul. Notwithstanding that you must reside in a Serviced Area, you acknowledge that a delivery site can be outside of a Serviced Area.
  
  
• COMMUNITY OUTREACH
  
  
  • From time to time, Think City may organize certain community outreach programmes intended to educate communities on our approaches to nutrition and well-being (“Programmes”). These Programmes include our Teach for Malaysia programme and other Programmes that we may offer from time to time.
  
  
  • You consent that, by using the Bakul K2K Website or by ordering a Bakul, you may receive information about our Programmes through our Communication Channels and you consent to our sending you this information in accordance with our Personal Data Protection Policy. You may opt out of or unsubscribe from receiving this information at any time.
  
  
  • If you decide to participate in a Programme, you acknowledge that Programmes may be subject to such terms and conditions as Think City may set from time to time on the K2K Bakul Website.
  
  
• PROMOTIONS AND ECOUPONS
  
  
  • From time to time, Think City may offer any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available from Think City. Such Promotions may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Personal Data Protection Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
  
  
  • Part of our intended Promotions may be in the form of virtual coupons (“eCoupons”), consisting of an alphanumerical code. Subject to any additional terms and conditions, eCoupons may enable you to offset the price of a Bakul with a discount amount. By entering the alphanumerical code with your mobile device upon checkout, the amount due for the Bakul will be accordingly deducted by the discount amount.
  
  
  • All promotions, trials, credits, coupons, and discounts for free or discounted Orders are only allowed to be used once per person and may not be combined unless otherwise indicated in a promotional offer.
  
  
  • All eCoupons are not usable as nor exchangeable for cash or cash value and can only be used in conjunction with the purchase of a Bakul.
  
  
  • We reserve the right to withdraw or cancel an eCoupon for any reason at any time.
  
  
  • We shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any eCoupon or any failure or inability of a customer or household to use an eCoupon for any reason.
  
  
  • When you use an eCoupon you warrant to us that you are the duly authorised recipient of the eCoupon and that you are using it in good faith. If you redeem, attempt to redeem or encourage the redemption of eCoupons to obtain discounts to which you or a third party are not entitled, you will be in breach of these Terms and Conditions.
  
  
  • If we reasonably believe that any eCoupon is being used unlawfully or illegally we may reject or cancel any eCoupon and you agree that you will have no claim against us in respect of any rejection or cancellation. We reserve the right to take any further action it deems appropriate in such instances.
  
  
• REFUNDS
  
  
  • Upon receipt of your Bakul, if you discover that there are issues with your Bakul (e.g. wrong order, defective order, or missing items) or the Goods (e.g. Goods are not of acceptable quality (as defined under law), have been adulterated, contain substances injurious to health or are unfit for human consumption), please contact customer support under Section 27 to request a refund.
  
  
  • Goods may be returned at our fulfilment centre at [*address] within three (3) days of the receipt date if below conditions are met:
  
  (a) Payment receipt is intact;
  (b) Products are still in good condition in original packaging;
  (c) We require state-issued photo identification (NRIC/Passport/Driver’s Licence/Kad OKU) for returns. If you choose not to provide us with an ID, we will not accept the return.
  
  
  • In some cases, we may request for photographic proof and/or additional information to properly investigate the issue with your Bakul or Goods. If we determine that the Bakul and/or the Goods meets one of the refund scenarios under Section 12.1, we may compensate you for your Bakul or parts of your Bakul.
  
  
  • All refunds made will be reimbursed to your account / e-wallet or otherwise in cash (provided that the Bakul was paid for in cash). Please allow 3-5 working days from the date Goods are received at our fulfilment centre to process your reimbursement. Please note each issuer bank will have different time periods from 7-14 working days to reflect the refunded sum in your bank account / statement. You may receive a refund less any bank charges and transaction fees which you agree to bear.
  
  
  • We reserve the right to not give refunds, even if the payment receipt is presented.
  
  
  • This Section 12 does not apply to:
  
  (a) Frozen and chilled food; or
  (b) Expired products that expired whilst in the User’s possession after purchase.
  
  
• INTELLECTUAL PROPERTY
  
  
  • The Bakul K2K Website, the Services, any content on the Services (including content submitted by Users) (“Content”), and the infrastructure used to provide the Services are proprietary to Think City. By using the Services and accepting these Terms and Conditions, Think City grants you a limited, personal, non-transferrable, non-exclusive, revocable licence to use the Services pursuant to these Terms and Conditions and to any additional terms and policies set forth by Think City.
  
  
  • The Services contain copyrighted material, trademarks, and other proprietary information. Think City owns the copyright in the layout of the Bakul K2K Website, the text of the Bakul K2K Website, all Content uploaded onto the Bakul K2K Website, all Content uploaded onto the Social Media Accounts and all Content created in the course of the provision of any Services, including, without limitation, any text, images, audio, video or any content in any other medium or format whatsoever, including in the selection, coordination, arrangement, and enhancement of such Content. For the avoidance of doubt, nothing in these Terms and Conditions shall operate to assign any intellectual property belonging to Think City to you.
  
  
  
  • Further, for the avoidance of doubt Think City may modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, at its discretion, inter alia, for the purposes of marketing, training, advertisement, responding to User reports, responding to User reviews and acting on complaints or requests for refunds.
  
  
  • Subject to the above, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the Content is permitted without the express written consent of Think City. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make no changes in or deletion of any author attribution, watermark, trademark legend, copyright notice or visible livery.
  
  
  • You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in an infringement of copyright, trademark, or other intellectual property rights.
  
  
  • Think City owns the “”, the “THINK CITY”, the “” and the “BAKUL K2K” trademarks and other marks used in connection with the Bakul K2K Website or our Social Media Accounts. You may not use Think City’s name, logos, trademarks or brands without Think City’s express permission.
    
    
  • Other marks on the Services not owned by Think City may be under licence from the trademark owner thereof, in which case such licence is for the benefit and use of Think City unless otherwise stated, or may be the property of their respective owners.
  
  
• ASSIGNMENT OF COPYRIGHT
  
  
  • By posting or making accessible any Content or other information on or through the Services, you hereby assign to Think City all rights, title and interest in and to that Content. You further acknowledge that you will, where requested by Think City, execute any document and do any act in order to effect the assignment contemplated under this Section 14.1.
  
  
  • Where an assignment under Section 14.1 cannot be effected for any reason whatsoever, you grant Think City a royalty-free, perpetual, irrevocable, fully paid-up, transferable, sublicensable, exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your licence of any Content or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
  
  
  • You also grant Think City the absolute and unrestricted right to modify, use and publish any still or moving images of the Services being performed, any audio or any testimonial for any promotional, marketing, commercial, or other related purpose, without any payment or compensation.
  
  
• CONDITIONS OF USE
  
  
  • As a condition of your use of the Services, you agree that:
  
  (a) You have reached the age of majority as defined under applicable law;
  (b) You are able to create binding legal relations;
  (c) You are not barred from receiving products or services under applicable law;
  (d) You are not barred from providing products or services under applicable law;
  (e) You will not attempt to use the Services with crawlers, robots, spiders, scrapers, data mining, or extraction tools or any other functionality;
  (f) You will only make purchases on the Services for your own non-commercial use;
  (g) You have the right to provide any and all information you submit to the Services, and all such information is accurate, true, current, and complete; and
  (h) You will update and correct information you have submitted to the Services.
  
  
  • Additionally, you shall observe, perform and be bound by all provisions of these Terms and Conditions.
  
  
• YOUR CONDUCT
  
  
  • All interactions on the Services must comply with these Terms and Conditions. To the extent your conduct, in our sole discretion, restricts or inhibits any other User from using or enjoying any part of the Services, we may limit or terminate your privileges on the Services and seek other remedies, including, without limitation, suspension or cancellation of your Account. You are encouraged to report any User that violates this Section.
    
    
  • While using the Services, you will not and you will not attempt to:
  
  (a) Impersonate any person or entity;
  (b) Access data not intended for you, such as logging into a server or an Account which you are not authorised to access;
  (c) Make any false or fraudulent entries or provide misleading information;
  (d) Use the contact details of Think City or any User to make prank phone calls or SMS/MMS messaging; ,br> (e) Engage in any illegal activities in using the Services;
  (f) Advertise any products, services, apps or websites other than those owned or controlled by Think City;
  (g) Knowingly transmit any virus or other disabling feature to or through the Services, or attempt to overload, “flood,” “spam,” “mail bomb,” or “crash” the Services;
  (h) Interfere with, disrupt, or create an undue burden on the Services or the associated systems, including the Bakul K2K Website;
  (i) Frame or mirror any part of the Services without our written approval;
  (j) Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or the associated systems, including the Bakul K2K Website, or cause any other person to do so;
  (k) Use the Services or any of its resources to solicit Users or other third parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Think City; or
  (l) Act against the business interests or reputation of Think City or our Services.
  
  
  • While using the Services, you will not, and you will not attempt to, post or transmit to or via the Services any material or Content:
  
  (a) which seeks to circumvent or expresses an intention to violate these Terms and Conditions;
  (b) which is indecent, obscene, false, menacing or offensive in character with the intent to annoy, abuse, threaten or harass any person;
  (c) which is seditious, incites violence or incites any other unlawful activity,
  (d) which improperly discloses confidential information, personal data or other information that is protected under any written law in Malaysia;
  (e) which is copyrighted or trademarked and belongs to a third party;
  (f) which infringes the privacy of Think City, our employees, our Users or others;
  (g) which is defamatory, discriminatory, or mean-spirited, including any references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or characteristics;
  (h) which constitutes inflammatory religious commentary or inaccurate or misleading quotations of religious texts;
  (i) which encourages the illegal or reckless use of weapons or dangerous objects;
  (j) which would otherwise be contrary to any written law in Malaysia; or
  (k) which could reasonably give rise to civil or criminal proceedings.
  
  
• PUBLIC NATURE OF YOUR STATEMENTS
  
  
  • You understand and agree that all Content made through Services is public and not private. Any other person (whether or not a User) may view your Content without your knowledge. Think City does not control or endorse any statement, in any medium or format whatsoever, made by Users through the Services, and we specifically disclaim any liability concerning the aforementioned statements. Any Content you post through the Services is not confidential.
  
  
• UNSOLICITED MATERIALS
  
  
  • While we welcome unsolicited ideas, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions (“Unsolicited Materials”), if you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
  
  
  • Think City has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
  
  
  • Think City will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
  
  
  • You undertake not to send us any spam or to forward us any junk mail, or to otherwise misuse network facilities in sending us Unsolicited Material.
  
  
• INDEMNIFICATION AND RELEAS
  
  
  • You agree to defend, indemnify, and hold Think City harmless against all losses, liabilities, costs, claims, fines, penalties and expenses reasonably suffered or incurred by us (including, without limitation, any attorneys’ fees), all damages awarded against us under any judgment by a court or tribunal of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
  
  (a) a breach of these Terms and Conditions;
  (b) any Content submitted or posted by you, in connection with the Services;
  (c) any use of the Services in violation of these Terms and Conditions;
  (d) fraud you commit or your intentional misconduct or gross negligence; or
  (e) your violation of any applicable law or rights of a third party.
  
  
  • The indemnity under Section 19.1 shall include Think City’s subsidiaries and affiliates, and their respective directors, officers, employees and agents.
  
  
• DISCLAIMER OF WARRANTY
  
  
  • The Bakul K2K Website is provided by us without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability of fitness for a particular purpose. You must bear the risks associated with the use of the Internet.
  
  
  • We will use reasonable commercial endeavours to ensure that information or material included on the Bakul K2K Website is correct, including any Bakul description. We will not be responsible for any errors or omissions or for the results obtained from the use of information or for any technical problems you may experience with the Bakul K2K Website. If we are informed of any inaccuracies in the information or material on the Bakul K2K Website, we will attempt to correct the inaccuracies as soon as we reasonably can.
  
  
  • In particular, we disclaim all liabilities in connection with the following:
  
  (a) incompatibility of the Bakul K2K Website with any of your equipment, software, devices or telecommunications links;
  (b) technical problems including errors or interruptions of the Bakul K2K Website;
  (c) unsuitability, unreliability or inaccuracy of the Bakul K2K Website;
  (d) inadequacy of the Bakul K2K Website to meet your requirements.
  
  
  • To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special, or punitive damages whatsoever that arise out of or are related to the Bakul K2K Website.
  
  
  • As permitted by applicable law, you expressly agree that the use of the Services is at your sole risk. Neither Think City, nor its subsidiaries or affiliates or any of our or their respective officers, employees, agents, third-party content providers or licensors warrant that use of the Services will be uninterrupted, secure, virus-free, or error-free, nor do we make any warranty as to:
  
  (a) The experience that may be obtained from the use of the Services; or
  (b) The accuracy, completeness, or reliability of:
  (i) The Content on the Services or other available features; and
  (ii) The Content provided through the Services,
  which are made accessible or available on an ‘as is’, ‘where is’ and ‘as available’ basis.
  
  
  • To the extent allowed by applicable law, Think City hereby disclaims any and all representations, warranties, and conditions, whether express, implied, or statutory, as to the operation of the Services or the Content or other information contained on the Services or other available features accessible or available through the Services, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing.
  
  
  • Although Bakul K2K Website aims to offer you the best service possible, we do not guarantee that the services at the Bakul K2K Website will meet your requirements. Bakul K2K Website cannot guarantee that the service will be fault free. If a fault occurs in the service, please contact customer support under Section 27 and we will attempt to correct the fault as soon as we reasonably can.
  
  
  • Your access to the Bakul K2K Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Bakul K2K Website will attempt to restore the service as soon as it reasonably can.
  
  
  • We do not guarantee that materials on the Bakul K2K Website are appropriate or available for use in locations outside Malaysia and accessing the Bakul K2K Website from territories where such Content is illegal or unlawful is prohibited. If you choose to access this Bakul K2K Website from locations outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws.
  
  
• LIMITATION OF LIABILITY
  
  
  • As permitted by applicable law, in no event shall Think City, nor its subsidiaries or affiliates or any of their respective officers, employees, agents, third-party content providers or licensors, be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following:
  
  (a) your use of the Services or the Content, including, without limitation, any personal data, and any other information either contained in the Services or Content or submitted by you to the Services;
  (b) your inability to use the Services;
  (c) modification or removal of Content submitted on the Services;
  (d) these Terms and Conditions; or
  (e) any improper use of information you provide to the Services, including, without limitation, any personal data.
  
  
  • Without prejudice to any other limitation contained in these Terms and Conditions as to Think City’s liability, and subject to Section 7.3, in no event will Think City’s cumulative liability in connection with the Services exceed the amounts paid for that User’s Services, or Ringgit Malaysia Five Hundred Only (RM 500.00), whichever the lower.
  
  
• THIRD-PARTY WEBSITES
  
  
  • The Services may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products, or services available on or through any such linked website or resource.
  • 
    
• AMENDMENTS
  
  
  • We reserve the right to discontinue or modify any part of these Terms and Conditions without notice at any time at our sole discretion.
  
  
  • If we make changes that affect your use of the Services, we will post notice of the change on the Terms and Conditions page. Any changes to these Terms and Conditions will be effective upon our posting of the notice, provided that these changes will be prospective only and not retroactive.
  
  
  • If you do not agree to the changes, you may close your Account and you should not use the Services after the effective date of the changes. You agree to revisit our Terms and Conditions regularly to ensure that you stay informed of any changes.
    
    
  • You agree that posting notice of any changes on the Terms and Conditions page is adequate notice to advise you of these changes, and that your continued use of the Services will constitute acceptance of these changes and the Terms and Conditions as modified.
  
  
• FORCE MAJEURE
  
  
  • Think City shall be excused from performance under these Terms and Conditions, to the extent it, a User is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labour strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Think City.
  
  
• APPLICABLE LAW
  
  
  • These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.
  
  
  • Any disputes arising out of or related to these Terms and Conditions and/or any use by you of the Services shall be governed by the laws of Malaysia, without regard to its choice of law rules and without regard to conflicts of laws principles. Think City and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods (“Vienna Convention”).
  
  
  • You submit to the exclusive jurisdiction of the Courts of Malaysia.
    
    
• MISCELLANEOUS
  
  
  • The Terms and Conditions, including, without limitation, the incorporated Personal Data Protection Policy, Cookie Policy and other terms incorporated by reference, constitute the entire agreement and understanding between you and Think City with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Think City with respect to such subject matter.
  
  
  • You may not assign, sub-license or otherwise transfer any of your rights, benefits or obligations under these Terms and Conditions, by operation of law or otherwise, without the express written permission of Think City. Any attempted assignment, sub-licence or transfer that does not comply with these Terms and Conditions shall be null and void. Think City may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.
  
  
  • If any provision of these Terms and Conditions is found to be invalid by any court or tribunal having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
    
    
  • No waiver by Think City of any breach or default or failure to exercise any right allowed under these Terms and Conditions is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms and Conditions.
  
  
  • The section headings used herein are for convenience only and shall be of no legal force or effect.
  
  
• CONTACT US
  
  
  • We may be contacted by emailing at k2k.publichousing@thinkcity.com.my or by writing to:
    
    Level 1, No 21-35,
    UAB Building, Gat Lebuh China,
    10300 George Town, Pulau Pinang,
    Malaysia.
    
    Re: Bakul K2K