Term of Use

General disclaimer of liability for content

1. M&S Real Food Sdn. Bhd. is providing all the online sites on an “as is” basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, M&S Real Food Sdn. Bhd. makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in the sites. The information contained in the sites may contain technical inaccuracies or typographical errors. All liability of howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

1.2 Neither the site owner nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the sites. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

1.3 Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

1.4 The sites’ disclaimer {together with our general terms and conditions, data protection privacy policy & security statement, copyright notice and term & conditions} is applicable to the products and services provided in the sites which governs your use of all our online sites including www.msfood.com.my, www.makdansofia.msfood.com.my , www.facebook.com/MSsantan/, www.instagram.com/ms_santan/.

1.5 By offering information, products or services via all our online sites, no solicitation is made by us to any person to use such information, products or services in any jurisdiction where the provision of such information, products or services may be prohibited by law.

1.6 We will use reasonable endeavors to verify the accuracy of any information that is placed by us on all our online sites, but we make no warranties, whether express or implied in relation to its accuracy.

1.7 We will not be responsible or liable to you for any damage caused by or loss of any content or material uploaded or transmitted through all our online sites including in particular any third party content or comments, photos, product reviews, endorsements, opinions, comments or other testimonials or any other specific online user activities.

1.8 Whilst every effort is made to ensure that all our online sites are accurate and up to date, we do not warrant, nor do we accept any liability or responsibility for the completeness or accuracy of the content, or for any loss which may arise from reliance on the information contained in the sites. The content contained in all our online sites are subject to change from time to time without further notice. We make no warranty that it will be uninterrupted, free from viruses or error – free or that any defects can be corrected. Your use of the sites are at your own risk.

2. Indemnity for User Uploaded Material

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability damages, losses, costs and expenses, including reasonable legal fees, arising out of any content or materials uploaded or transmitted by you through the sites (including comments, photos, product reviews, endorsements, opinions testimonials) or any non-compliance with or breach of the terms of this disclaimer by you or any other liabilities arising out of your use of all our online sites.

3. External Websites

We do not accept any responsibility for the content of any external websites which we link to or which may link to the website. We do not have any control over external websites, and you are solely responsible for complying with the terms of those sites. Accordingly, you acknowledge and agree that access to any external or linked websites, you accept and undertake to us that you have chosen to enter. We do not directly or indirectly recommend or endorse the contents of such websites. The website owner shall not under any circumstances be responsible for the availability of such external sites or resources. By accessing such linked external websites, you will be subject to their data protection and privacy policies or practices and other site content.

4. Proprietary Rights

The sites owner is the proprietor and/or licensor of the “M&S” trade and brand name, trade mark and intellectual property rights. All other trademarks, brand names, product names and titles, copyrights and other intellectual property rights used in all our online sites are trade and brand names, trademarks, product names, copyrights or other intellectual property rights of their respective holders. No permission is given by the sites owner in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.

5. Sites Changes

We shall be entitled to change, alter, modify or withdraw all our online sites (including any applicable terms and conditions) at any time without notice. We shall not be liable to you or any third party for any such change, alteration, modification or withdrawal of the sites. Your continued use of the sites following such change shall be deemed your acceptance of such change to the sites. If you do not agree to or accept any change to the sites, (including any applicable terms and conditions), please stop using it immediately.

6. Termination

We may choose to terminate your use or access to any part of www.msfood.com.my, www.makdansofia.msfood.com.my, www.facebook.com/MSsantan/ and www.instagram.com/ms_santan/ at any time and without further notice if you are in breach of this disclaimer or any other applicable terms and conditions on the sites, or for any other reason. We reserve our rights to cease operating the sites at any time and without further notice to you or any third party.

7. Entire Agreement

This disclaimer together with our applicable terms and conditions and rules (as amended from time to time) on all our online sites constitutes the entire agreement between us and you in relation to use the sites and supersedes all previous agreements in respect of your use of our sites.

8. Compliance with Terms

The sites may be used only for lawful purposes and in a lawful manner, subject always to its general terms and conditions. By access and use of the sites, you agree to comply with all terms and conditions, all applicable laws, statutes and regulations relating to it and any transactions conducted on or through it.

9. Governing Law

This disclaimer is governed by Malaysia law. Any dispute, which cannot be resolved between us, shall be subject to the exclusive jurisdiction of the courts of Malaysia.

As a user of the Sites, you agree that these User Forums Usage Rules (“Rules”) are here to help you understand the conduct that is expected of individuals who participate as User in our web Forums. Your participation in the User Forums is subject to all the Terms provided by us in the Terms of Use, including these Rules. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to all our sites including www.msfood.com.my, www.makdansofia.msfood.com.my, www.facebook.com/MSsantan/ and www.instagram.com/ms_santan/ and may disregard any User Content that, in our sole discretion, violates these Rules or the Terms, or that we otherwise find objectionable. Please follow these Rules as you upload any User Content:

  • User Content must be yours.
  • All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere.

  • No Pictures or Images of anyone but you, your friends and Family.
  • If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure they are you or you and someone you know – but only with their permission to submit it, and if that person is a minor in the jurisdiction in which they live, with the express permission of his/her parent or legal guardian.

  • Please act appropriately.
  • Express yourself with non-offensive individual self-expression. Be respectful of other’s opinions and comments so we can continue to build User Forums or comments for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone chances are it probably will and it doesn’t belong on the Sites. Cursing, hate, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, religion, gender, sexual preference or physical or mental disability or that are defamatory, slanderous, incident, obscene, pornographic or sexually explicit. (If you discover content that violates these Terms, you may report such abuse to us.)

  • Don’t upload third party materials.
  • Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.

  • Does your User Content contain music?
  • Your User Content may not contain any music unless the work and performances are original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.

  • Do not use the User Forums for commercial purposes.
  • Your User Content may not advertise or promote a product or service, other than a M&S Real Food Sdn. Bhd. product or service. You may not use your User Content to raise money for anyone, any organization (including charitable organizations), any business or for a pyramid or other multi – tiered marketing scheme.

  • Do not upload User Content that is inappropriate or illegal.
  • Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the governmental authorities.

  • Be honest and do not misrepresent yourself or your User Content.
  • Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.

  • Other are watching.
  • We hope that you will use the User Forums to exchange information and content and have discussion with other members. However, please remember that the User Forums is a public forum and User Content that you post on the User Forums will be accessible and viewable by other users. Do not post personal information (e.g., first and last name, password, phone number, address, email address or other personally identifiable information or contact information).

  • Don’t share other people’s personal information.
  • Your User Content may not reveal another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual or that is extremely personal in nature.

  • Don’t damage the Sites or anyone’s computers.
  • User Content may not upload viruses, Trojan horses, spyware or any other technologies that could impact the operation of the sites or any computer system. We reserve the right to request at any time proof of the permissions referred to above in the sections starting “User Content must be yours”, “No pictures or image of anyone but you and your friends and family” and “Does your User Content contain music?” in a form acceptable to us. Failure to provide such proof may, if requested, lead to the User Content in question being removed from the Sites.