TERMS OF SERVICE

This website located at lusciousjoypatisserie.easy.co is managed and operated by Luscious Joy Patisserie. As you navigate through the website, the terms "we" "us" and "our" are used to refer to Luscious Joy Patisserie and you, the user ("User," "you," or "your"). Luscious Joy Patisserie and the user shall hereinafter collectively be referred to as the “Parties” and individually be referred to as the “Party”. We provide this website, along with all the information, tools, and services offered on this website, to you, the user. Your access and use of this website are contingent upon your acceptance of all the terms, conditions, policies, and notices articulated here.

When you visit our website and/or make a purchase from us, you are utilising our "Service" and consenting to adhere to the subsequent terms and conditions ("Terms of Service," "Terms"), which encompass additional terms, conditions, and policies mentioned herein and accessible via hyperlinks. These Terms of Service are applicable to all users of the website, encompassing, but not limited to, individuals who browse, vendors, customers, merchants, and content contributors.

You are advised to carefully review these Terms of Service before you access or use our website. Your access to or use of any part of the website signifies your agreement to be bound by these Terms of Service. If you do not agree with the terms and conditions wholly or partially outlined in this Terms of Service, you should refrain from accessing the website or using any of its services. If these Terms of Service are construed as an offer, please be aware that acceptance is explicitly restricted to these Terms of Service.

Any new features or tools that are incorporated into the existing website will also be governed by the Terms of Service. You can always access the most up-to-date version of the Terms of Service on this page. We retain the right to update, modify, or replace any portion of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to periodically review this page for any alterations. Your continued use of or access to the website after the posting of any changes signifies your acceptance of those changes. 

Our store is hosted by EasyStore Commerce Sdn Bhd, which provides us with the online e-commerce platform that enables us to offer our products and services to you.

ACCEPTANCE OF TERMS

By using our website, you affirm that you are at least eighteen (18) years of age or have the legal capacity to enter into this agreement. If you are using the website on behalf of an organisation or another , you represent and warrant that you have the authority to bind that organisation to this agreement, and "User" in this agreement refers to that organisation.

In utilising our products, you are expressly prohibited from engaging in any illegal or unauthorized activities. In the course of using the Services, you are strictly prohibited from contravening any laws within the jurisdiction, including, but not limited to, copyright laws.

Additionally, you are hereby enjoined from transmitting any worms, viruses, or any code of a deleterious nature. It is imperative to note that any breach or violation of any of these stipulated terms shall entail the immediate termination of your Services.

GENERAL CONDITIONS

We retain the prerogative to decline service to any party at our discretion, without restriction as to the grounds or timing for such refusal.

You acknowledge that your content, excluding credit card information (if applicable), may be transmitted without encryption and may encompass (a) transfers across diverse networks and (b) alterations to align with the technical requisites of interconnected networks or devices. It is imperative to note that credit card information (if applicable) is consistently encrypted during its transmission across networks.

You hereby undertake not to replicate, duplicate, copy, vend, exploit, or otherwise misuse any segment of the Service, the utilisation of the Service, or the access to the Service, as well as any contact made available through the website facilitating the provision of the service, without the explicit written authorization granted by us.

The section headings employed in this agreement are for the sake of convenience exclusively and shall not circumscribe or otherwise affect the scope and applicability of these Terms in any manner.

DISCLAIMER REGARDING SITE INFORMATION

• Accuracy and Reliability: We disclaim any responsibility in the event that the information available on this website is not accurate, complete, or up-to-date. The materials presented on this site are intended solely for general informational purposes and should not serve as the sole basis for making decisions. You are strongly encouraged to consult primary, more accurate, comprehensive, or timely sources of information before making any decisions. Any reliance on the materials on this site is entirely at your own risk.

• Historical Information: This website may contain historical information. It is essential to recognise that historical information, by its nature, is not current and is provided exclusively for your reference. We retain the right to modify the contents of this site at any time; however, we bear no obligation to update any information presented on our site. You acknowledge and agree that it is your responsibility to monitor any changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to alteration without prior notice.

We retain the unilateral right, at any juncture, to amend or terminate the Service in its entirety or any of its constituent parts, without prior notice.

We shall not be held liable to you or any third party for any such modifications, changes in pricing, suspensions, or discontinuations of the Service.

TERMS OF PRODUCT AVAILABILITY, ACCURACY, SALES LIMITATIONS, AND WARRANTIES

All products or services are exclusively available online through this website. These products or services may be subject to limited quantities and are eligible for return or exchange solely in accordance with our Cancellation/Return Policy.

Every reasonable effort has been made to present the sizes, measurements, decorations, colours and images of our products on this website as accurately as possible. However, due to the nature of handcrafted products such as éclair and etc, slight variations in the size, measurements, decorations, colours and images may occur due to baking process and other factors. We cannot guarantee the precise representation of the sizes, measurements, decorations, colours and images on your computer monitor's display.

We reserve the right, though not under obligation, to restrict the sale of our products or services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. Furthermore, we retain the right to limit the quantities of any products or services offered. Descriptions of products and product pricing are subject to alteration at any time without prior notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void in jurisdictions where such offers are prohibited.

We do not provide a warranty that the quality of any products, services, information, or other materials acquired by you will meet your expectations. Additionally, we do not guarantee the correction of any errors in the Service.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We maintain the authority to decline any order submitted to us. In our sole discretion, we may impose limitations or cancel quantities purchased per individual, per household, or per order. These restrictions may extend to orders placed by or affiliated with the same customer account, the same e-wallet account, the same credit/debit card (if applicable) or orders utilising identical billing and/or delivery addresses. In the event of an order modification or cancellation, we may endeavour to notify you by reaching out to the WhatsApp, phone number, email address or billing address provided at the time of order placement. We also reserve the right to limit or prohibit orders that, in our sole judgment, seem to originate from dealers, resellers, or distributors.

You are obligated to furnish current, comprehensive, and precise purchase and account information for all transactions conducted at our website. Furthermore, you agree to expeditiously update your account and related details, including but not limited to your email address, credit/debit card numbers (if applicable), and expiration dates. This is necessary to facilitate the completion of your transactions and enable us to contact you as required.

OPTIONAL PLUGINS

We may grant you access to third-party plugins, over which we neither monitor nor exercise any control or influence.

You hereby acknowledge and consent that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without any endorsement. We bear no liability whatsoever arising from or connected to your utilization of optional third-party plugins.

Your use of optional plugins offered through the website is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and approve of the terms under which these plugins are supplied by the relevant third-party provider(s).

It is important to note that in the future, we may introduce new services and/or features through the website, including the release of new plugins and resources. Such additional features and services shall also be subject to these Terms of Service.

THIRD-PARTY CONTENT, LINKS, AND LIABILITY

Some content, products, and services available via our Service may incorporate materials sourced from third parties.

Links to third-party websites on this site may redirect you to websites that are unaffiliated with us. We do not assume responsibility for scrutinising or assessing the content or accuracy of such third-party materials or websites. We expressly disclaim any warranties and shall not incur any liability or responsibility for any third-party materials, websites, or for any other materials, products, or services provided by third parties.

We shall not be held liable for any harm or damages arising from the acquisition or utilisation of goods, services, resources, content, or any other transactions conducted in association with third-party websites. Prior to engaging in any transaction, it is your responsibility to meticulously review the policies and practices of the third party. You must ensure a comprehensive understanding of these policies and practices.

Any complaints, claims, concerns, or inquiries regarding third-party products should be directed to the third party. We are not responsible for addressing or mediating such matters.

SUBMISSIONS, COMMENTS, AND CONTENT MONITORING

If you submit creative concepts, recommendations, propositions, strategies, or any other materials to us without prior solicitation (collectively referred to as "comments"), you thereby grant us unrestricted consent to edit, duplicate, publish, distribute, translate, and generally employ such comments in any medium, at any time. We assume no obligations, including but not limited to:

• Safeguarding the confidentiality of these comments;
• Providing compensation for the submitted comments; or
• Responding to the comments in any manner.

We reserve the right, without obligation, to monitor, edit, or remove content that, in our sole discretion, we deem to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or content that infringes upon any party's intellectual property rights or breaches these Terms of Service.

You affirm that your comments will not violate any third-party rights, including but not limited to copyright, trademark, privacy, personality, or any other personal or proprietary rights. Additionally, you agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene content, nor will they contain any computer viruses or malware that could disrupt the operation of the Service or any associated website. You shall not use a fictitious email address, assume another person's identity, or otherwise mislead us or third parties regarding the origin of any comments. You bear sole responsibility for the accuracy of any comments you make.

We assume no responsibility and accept no liability for any comments posted by you or any third party.

ERRORS, INACCURACIES AND OMISSIONS 

From time to time, our website or the Service may contain information that includes typographical errors, inaccuracies, or omissions pertaining to product descriptions, pricing, promotions, offers, product delivery charges, transit times, and availability. 

We retain the right to rectify any such errors, inaccuracies, or omissions, and to modify or update information, or cancel orders, if any information within the Service or on any associated website is found to be inaccurate, at any time, without prior notice (including after you have placed an order).

We are not bound by any obligation to update, amend, or elucidate information within the Service or on any affiliated website, including, but not limited to, pricing information, unless mandated by applicable law. The presence of a specified update or refresh date in the Service or on any affiliated website should not be construed as an indication that all information within the Service or on any affiliated website has been altered or updated.

DISCLAIMER OF WARRANTIES, SERVICE INTERRUPTIONS, AND LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free, nor do we warrant the accuracy or reliability of results obtained through the service. You acknowledge that we may, at our discretion, suspend the service for indefinite periods or cancel it without prior notice. Your use of the service is solely at your own risk, as it and all products and services delivered through it are provided "as is" and "as available," without any express or implied warranties, including merchantability, fitness for a particular purpose, durability, title, and non-infringement. 

Under no circumstances shall Luscious Joy Patisserie, our owner(s), our employees, affiliates, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured through it. This includes, but is not limited to, lost profits, revenue, savings, data, or replacement costs, as well as any similar damages, even if advised of the possibility thereof. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You undertake to indemnify, defend, and hold harmless Luscious Joy Patisserie, inclusive of our owner(s), affiliates, partners, contractors, licensors, agents, service providers, subcontractors, suppliers, interns, and employees, against any claim or demand, including reasonable legal fees, lodged by a third party. Such claims or demands shall arise from or be connected to your breach of these Terms of Service, the documents incorporated herein by reference, or your infringement of any applicable laws or the rights of any third party.

SEVERABILITY

If any provision of this Terms of Service is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then:

such provision shall be rendered ineffective to the extent of its illegality, voidness, invalidity, prohibition or unenforceability;

the remaining provisions of this Terms of Service shall remain in full force and effect; and

the Parties shall exert their best efforts to engage in negotiations and arrive at an alternative provision which is valid and enforceable and achieves to the greatest extent possible, aligns with the economic, legal and commercial objectives of the previously illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking. 

SURVIVAL OF OBLIGATIONS AND TERMINATION

The obligations and liabilities of the parties, arising before the date of termination, shall persist and remain in effect following the termination of this agreement for all intents and purposes.

These Terms of Service remain in force until terminated by either party. You reserve the right to terminate these Terms of Service at your discretion by notifying us of your intention to discontinue using our Services or when you cease to use our website.

In the event that, at our sole discretion, you fail to comply with any term or provision outlined in these Terms of Service, or if we suspect such non-compliance, we hold the right to terminate this agreement without prior notice. You shall remain liable for all outstanding amounts up to and including the date of termination. Moreover, we may, at our discretion, deny you access to our Services or any portion thereof.

CONTRA PROFERENTEM RULE

The Contra Proferentem Rule shall not apply to the interpretation of this agreement.

NON-WAIVER OF RIGHTS AND COMPREHENSIVE AGREEMENT

The failure on our part to exercise or enforce any right or provision stipulated in these Terms of Service shall not be construed as a waiver of such right or provision. These Terms of Service, along with any policies or operational regulations posted by us on this website or in connection with the Service, constitute the complete agreement and understanding between you and us, governing your utilisation of the Service. This agreement supersedes any preceding or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including but not limited to any earlier versions of the Terms of Service. 

GOVERNING LAW

In relation to any legal action or proceedings arising out of or in connection with this Terms of Service, the Parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia. This Terms of Service shall be governed by, and construed in accordance with, the laws of Malaysia. 

CHANGES TO TERMS OF SERVICE

We reserve the right, at our discretion, to modify, amend, or update these Terms of Service at any time. Such changes shall become effective immediately upon posting on this website. It is your responsibility to review these Terms of Service periodically for updates. Your continued use of our services after any modifications to the Terms of Service constitutes your acceptance of these changes. If you do not agree with any aspect of the revised Terms of Service, you must cease using our services. We shall not be liable to you or any third party for any modification, amendment, or update to these Terms of Service, whether explicit notice is provided or not.

TERMS OF SERVICE INQUIRIES

For inquiries concerning our Terms of Service, please direct your correspondence to our designated contact via WhatsApp at +6017-395 6806 or via Email at lusciousjoypatisserie@gmail.com. We are dedicated to offering clarification and resolving any queries or apprehensions you may possess in connection with the terms regulating your utilisation of our services.