Ketogenius Kitchen 202003242625 (003161961-P) ('us', 'we', 'our') operates www.ketogeniuskitchen.com is a site (the 'Site'). The Company markets, sells and delivers packaged foods directly to customers via post. Certain features of the Site may be subject to additional guidelines, terms, conditions and/or rules, which will be posted on the Site. All such additional terms, guidelines, and/or rules shall be binding on you.
By accessing to the Site and placing your order(s) with us, you are deemed to accept the terms and conditions herein (on behalf of yourself or the entity that you represent). In this regard, you represent and warrant that you have the right, authority and capacity to enter into this transaction (on behalf of yourself or the entity that you represent) with us.
1. DEFINITION:
"Account" means the Ketogenius Kitchen Account that you will need to register for on the Site if you would like to be our existing customer;
"Customer" means any individual who places an Order on the Site, or individual who participated in our contest or campaign;
"Order" means the Order submitted by you to the Site to purchase a Product from us;
"You" means the Customer who places an Order or participated in our campaign;
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; References to "includes" or "including" or like words or expressions shall mean without limitation.
2. PRICE AND PAYMENT:
2.1 Where applicable, prices are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
2.2 You may order any of the product(s) offered (including without limitation, a la carte or gift) by following the directions of purchase provided on the Site.
2.3 You can pay using any of our payment partners listed on our homepage. Similarly you can pay all or part of your Order using store credit or a promotional voucher, where applicable.
2.4 No amendments are allowed after payment has been processed, kindly check and ensure that your delivery details and ordered/purchased item(s) are correct before making the payment
2.5 For the avoidance of doubt, we shall not be held responsible/ liable for any products ordered from other channels/ methods aside from the Site.
2.6 All orders made for clearance items are non-refundable and non-exchangeable.
2.7 Free gift that comes with your Order will be shown in the shopping cart (if any).
2.8 Free gift may be substituted with similar items of equal value according to stock availability without prior notice to you.
2.9 All free gifts are non-refundable, non-exchangeable, subject to availability and first come first served basis.
3. PROMOTION:
3.1 New customers and existing customers are entitled to different promotional offers as determined by us from time to time.
3.2 Existing customers are not entitled to promotional offers exclusively for new customers only and vice versa.
3.3 For existing customer to enjoy promotion of purchase above RM200.00 / RM400.00 / etc must be in single receipt. Combination of receipts are not allowed.
3.4 Terms and conditions of selected promotion(s) for new customers will be listed at the bottom of the pop-up window. Customers are deemed to have checked the information needed or related to the promotion(s), read, understood and agreed to the terms and conditions provided upon clicking “redeem now”.
3.5 Multiple promotions may be held simultaneously within the same period of time. However, combining multiple promotions in single purchase is not allowed unless specify otherwise.
3.6 The PWP (Purchase With Purchase) promotion offers customers the option of buying another item at a reduced price. PWP items are separate and does not combined in your current cart purchase that enjoy the free gift promotional offer and/or free delivery offer.
3.7 Customers are not allowed to change or cancel previous Orders to take advantage of the new entitled promotions.
3.8 Items in snack pack/gift box/bundle are shown for illustration purposes only. Decorative items are not included.
3.9 We reserve the right for the final decision of the promotion/marketing activities/marketing campaign without prior notice or reference to you.
4.1 Organiser and Eligibility:
4.1.1 All contests are organised by Ketogenius Kitchen 202003242625 (003161961-P) [“the Organiser”] and is open to all Malaysian residents who are above the age of 18 with a valid Malaysian address.
4.1.2 The following group of persons shall not be eligible to participate in contests organized by Ketogenius Kitchen 202003242625 (003161961-P):
4.1.2.1 Employees of the Organiser [including its affiliated and related companies] and their immediate family members [children, parents, brothers and sisters, including spouses]; and/or
4.1.2.2 Representatives, employees, servants and/or agents of advertising and/or promotion service providers of the Organiser [including its affiliated and related companies], and their immediate family members [children, parents, brothers and sisters, including spouses].
4.2 Duration:
We reserve the right to amend the Contest Period at any time. All entries received outside the Contest Period will be disqualified.
4.3 Submission of Entries and Qualifying Criteria:
Please check the related social media posting for respective qualifying criteria and follow the submission procedure accordingly.
4.4 Prizes Redemption:
4.4.1 Facebook & Instagram Contest:
4.4.1.1 The selected winners are required to reach out to us according to the relevant social media platform (i.e. winners selected from Facebook are to private message us via Facebook Messenger; winners from Instagram are to contact us via Instagram direct message). Our Customer Care Team will then provide a winner form to be submitted prior to redemption of prizes.
4.4.1.2 It is compulsory to provide the full and accurate information requested in the submission form in order to collect your prize. All winners with incomplete or inaccurate submission form will be disqualified.
4.4.1.3 Winners are required to reach out to us within 1 week after the announcement, otherwise all unclaimed prizes will be forfeited.
4.4.1.4 All prizes will be added to the Customer Account bearing the same email address as the one used to submit the winner form. Prizes will only be delivered to winners together with their Order. We will not deliver the prizes to winners separately without an Order.
4.4.1.5 Participants with more than one [1] entry are entitled to enter into other contests held by the Organiser and win more than one prize throughout the entire contest period.
4.4.1.6 The Organiser reserves the right, at its sole discretion, to substitute any of the prizes with that of similar value, at any time without prior notice to the winners. The value of the prizes are correct at the time of printing. All prizes are given on an “as is” basis and are not exchangeable for cash, credit, other items or voucher, in part or in full.
4.4.1.7 All winners must abide by the terms and conditions of the parties arranging and/or providing for the prizes and the terms and conditions attached to the prizes, if any.
4.4.2 Youtube Contest:
4.4.2.1 Prizes can only be collected in person at the address listed below by winners or their appointed representatives provided a consent form is duly given by the winners to their appointed representatives.
Ketogenius Kitchen 202003242625 (003161961-P)
28,JALAN PJU3/18J,
TROPICANA INDAH,
47410, PETALING JAYA
4.4.2.2 Winners are required to fill in a form with their personal details and verification code before collecting their prizes. Identity of representatives will be verified via the consent form before collecting the prizes.
4.4.2.3 The collection period for prizes will last for the duration of one month. During the collection period, winners/representatives may collect the prizes only on weekdays (Monday to Friday, 10am-6pm), excluding public holidays and federal territory holidays. Prizes which have not been collected by the end of the prize collection period will be forfeited.
4.4.2.4 All winners/representatives are required to pose for a picture with their respective prizes upon collection of prize for Signature Market’s social media posting purposes.
4.4.2.5 Winners are required to post on their respective social media and use the hashtags #ketogeniuskitchen #ketogeniuskitchenMY upon collecting their prizes. The social media account/post should be made public.
4.4.2.6 All prizes received are non-refundable, non-exchangeable and cannot be converted to cash.
4.4.2.7 The Organiser reserves the right, at its sole discretion, to substitute any of the prizes with that of similar value, at any time without prior notice to the winners. The value of the prizes are correct at the time of printing. All prizes are given on an “as is” basis and are not exchangeable for cash, credit, other items or voucher, in part or in full.
4.4.2.8 All winners must abide by the terms and conditions of the parties arranging and/or providing for the prizes and the terms and conditions attached to the prizes, if any.
4.5 Liability & Responsibility:
4.5.1 All recording, transportation, accommodation, personal costs and/or any other costs, fees and/or other expenses that are incurred to participate in this Contest and to redeem the prize is the sole responsibility of the participants/winners.
4.5.2 We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, user or member communications, or any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet and/or websites.
4.5.3 We shall not be held liable or responsible for any delay and/or failure in the receipt of entry due to the inability of the respective Internet Service Provider [ISP] company and/ or telecommunication network to provide timely and/or efficient internet and/or telecommunication services.
4.6 Rights of the Organiser:
4.6.1 By submitting your entries for this contest, all participants agree and acknowledge that the Organiser retains the exclusive right to use, edit, modify and publish the entry submitted by all the participants, publish the names of the participants, in any way it deems fit for any advertising, trade, promotional purposes and for any other reason whatsoever, without any further notice to the participants and the participants shall not claim ownership or any payment or compensation for the entry. For the avoidance of doubt, the submissions will not be edited for judging purposes. We will be using participants’ submission photos to be featured in our social media wall posts.
4.6.2 The Organiser reserves the right to modify, postpone, suspend or cancel a contest at the Organiser’s sole and absolute discretion without liability to the participants.
4.6.3 The Organiser reserves the right, at its sole discretion, to disqualify any participant that is not eligible, found or suspected of tampering with the contest submission process or the operation of this contest.
4.6.4 We reserve the right to remove any submissions of the participant who it reasonably suspects has violated or infringed any of these general terms and conditions and the Organiser reserves the right to pursue legal action against any individual it believes has undertaken fraudulent activities or other activities harmful to this online contest and/or the contest submission process with further notice to the participant.
4.7 Privacy Notice:
By participating in this contest, you have given your voluntary consent for us, our related companies, service providers and agents to collect and process your personal data(s) for the purposes of this contest and for our marketing purposes. You understand that you may update your personal data, access your personal data or withdraw your consent to the collection and processing of your personal data by contacting our Customer Care Team vide e-mail to [email protected] or call (60)16-3499116. For full Personal Data Notice, please visit our webpage at https://ketogeniuskitchen.com/
4.8 Prohibited Content:
4.8.1 Participants are prohibited from posting the following:-
4.8.1.1 Content which are offensive to the community, such as content that promotes racism, contain politically religious agendas, contain inflammatory religious content, promotes violence, contain foul language, promotes bigotry, hatred or likely to cause harm of any kind against any particular group or individual;
4.8.1.2 Content that are offensive to Ketogenius Kitchen competitive products;
4.8.1.3 Content that harasses or advocates harassment of any particular group or individual;
4.8.1.4 Content which involves the transmission of “junk mail,'' “chain letters,” “spam,” or any other unsolicited mass mailing, e-mailing, or other communication;
4.8.1.5 Content with information that the participant knows is false or misleading, promotes illegal activities or conduct that is abusive, or is threatening, obscene, defamatory, or libelous;
4.8.1.6 Content which constitutes or includes any illegal or unauthorized copy of another person’s copyrighted or copyrightable work, including, but not limited to pirated computer programs or links to them, information which circumvents manufacturer-installed copy-protect devices, pirated music or links to pirated music files;
4.8.1.7 Content which displays obscene, pornographic or sexually explicit material of any kind;
4.8.1.8 Content which includes material that exploits people in a sexual or violent manner; • includes material showing or depicting any offensive or violent acts whether involving other person or persons or animal;
4.8.1.9 Content which provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
4.8.1.10 Content which exhibits overtly dangerous or potentially life-threatening situations; or
4.8.1.11 Content which in the Organiser’s opinion is deemed to be inappropriate.
4.8.2 In the event the participant publishes any of the prohibited content as mentioned above, the Organiser has the right to disqualify the participant, terminate the participant’s membership (if any) and take appropriate legal action against the participant including but not limited to reporting the participant to the appropriate legal authorities without further notice to the participant.
4.9 We reserve the right to amend the terms and conditions herein at our sole and absolute discretion without prior notice or reference to you.
4.10 We shall not be liable to you for any indirect and consequential losses suffered by you.
4.11 If you have any medical conditions and/or allergy, you shall consume our products at your own risks upon consultation with your medical doctor/advisors. We shall not be responsible for any consequences/damages suffered by you after consumption of our products which are attributed by your medical condition and/or allergy (whether you are aware or unaware of such medical condition and/or allergy).
4.12 In the event of disputes, parties agree to be bound by the laws of Malaysia and to submit themselves to the exclusive jurisdiction of the courts of Malaysia.
4.13 Notices to be given shall be in writing and deemed to be delivered if sent vide e-mail to your latest email provided to us. If there are any changes to your contact details, including your e-mail, you shall notify us promptly.
Terms of Use of Ketogenius Kitchen Account:
5. ACCOUNTS
5.1 Account Creation
Ketogenius Kitchen membership is based on invitation link only and certain promotions / campaign available on the Site may require purchase or subscription. Should you choose to register as a member or subscribe to Ketogenius Kitchen, you represent and warrant that: (i) all required registration information you submit is complete, truthful and accurate; (ii) you will maintain the accuracy of such information and keep such information updated from time to time. You may delete your Ketogenius Kitchen Account at any time, for any reason, by following the instructions provided on the Site.
5.2 Account Responsibilities
You are responsible for maintaining the security and confidentiality of your Ketogenius Kitchen Account and login information. You are fully responsible for all activities that occur under your Ketogenius Kitchen Account. You agree to immediately notify Ketogenius Kitchen of any unauthorized use, or suspected unauthorized use of your Ketogenius Kitchen Account or any other breach of security. For the avoidance of doubt, Signature Market shall not be liable for any unauthorized use of your Ketogenius Kitchen Account or loss or damage arising from the unauthorized use of your Ketogenius Kitchen Account.
5.3 Promotional emails
As an Account user/member, you agree to receive newsletters and promotional emails including third party offers from us. You have the option to opt out the promotional emails.
6. SITE
6.1 License
Subject to the terms and conditions herein, Ketogenius Kitchen grants you a limited, nontransferable, non-assignable, non-exclusive, revocable, license to use the Site for your personal, non-commercial use.
6.2 Restrictions
The rights granted to you herein are subject to the following restrictions:
6.2.1 you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;
6.2.2 you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
6.2.3 you shall not access the Site in order to build a similar or competitive service; and
6.2.4 except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
6.3 Modification
Ketogenius Kitchen reserves the right, at any time, to modify, suspend, or discontinue the content/operation of the Site or any part thereof without notice or liability to you.
6.4 No Support or Maintenance
You acknowledge and agree that Ketogenius Kitchen will have no obligation to provide you with any support or maintenance in connection with the Site.
6.5 Ownership
Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site are owned by Ketogenius Kitchen or Ketogenius Kitchen's licensors. The provision of the Site does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
7. USER CONTENT
7.1 User Content
7.1.1 "User Content" means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user's profile or postings).
7.1.2 You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable.
7.1.3 You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below), relevant law and regulations.
7.1.4 You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Keogenius Kitchen.
7.1.5 Ketogenius Kitchen is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
