Please review the following terms and conditions concerning the use of this Website. By accessing, using or downloading materials from this Website you agree to follow and be bound by these terms and conditions.
Cream of Creams (M) Sdn Bhd (creamofcreams.com) own and operate this site. This document governs your relationship with Cream of Creams (M) Sdn Bhd (creamofcreams.com). Access to and use of this Website/the products/services available through this Website are subject to the following terms, conditions and notices (the “Terms of Service”).
By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the complete Website.
You must not misuse this Website. You will not: commit or encourage a criminal offence, transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and Cream of Creams (M) Sdn Bhd will report any such breach and disclose your identity to the relevant law enforcement authorities.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or due to your downloads of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
All trademarks, service marks, trade names, logos, icons, and domain names are proprietary to Cream of Creams (M) Sdn Bhd. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, service marks, trade names, logos, icons, and domain names displayed on this website without the written permission of Cream of Creams (M) Sdn Bhd. Using the trademarks, service marks, trade names, logos, icons, and domain names displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either used with permission, or are the property of Cream of Creams (M) Sdn Bhd, and the use of these images by anyone is strictly prohibited.
The material provided on the website including any information, tools, features, content and any images incorporated in the site, are solely for lawful, personal, private use. You may not modify, republish, or post anything you obtain from this website, including anything you download from the site, unless you first obtain our written consent. You may not engage in systematic retrieval of data or other content from this website. We request that you not create any kind of hyperlink from any other site to ours unless you first obtain our written permission.
You agree not to monitor, gather or copy any content on this website by using any type of robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind. You also agree to not frame or utilize framing techniques to enclose any trademark or other proprietary information. You agree not to send more request messages to the website’s servers in a given period of time than a human can reasonably produce in the same period of time using a conventional on-line web browser, or comb the site using automated devices for the purpose of displaying the website contents on any other website. You agree to not attempt to circumvent the security systems of the website. You agree to not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Cream of Creams (M) Sdn Bhd web service. You agree to not attempt to use the website for any purposes other than those intended by Cream of Creams (M) Sdn Bhd. You agree to not upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. You agree to not engage in any activity that interferes with a user’s access to this website or the proper operation of this website. You also agree that, in using this website, you will not impersonate any person or entity.
Notwithstanding the foregoing, Cream of Creams (M) Sdn Bhd grants the operators of public search engines permission to use spiders to reference or link to materials on the website for the sole purpose of creating publicly available searchable indices of the materials. Cream of Creams (M) Sdn Bhd reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including usernames, from the website, nor to use the communication systems provided by the website (e.g. comments, email) for any purpose. You agree not to solicit, for commercial purposes, any users of the website.
Linking to this Website
If you are interested in using the contents of or linking to this website, please contact Cream of Creams (M) Sdn Bhd who may or may not grant permission.
If permission is granted by Cream of Creams (M) Sdn Bhd, you may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Cream of Creams (M) Sdn Bhd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Cream of Creams (M) Sdn Bhd or may in some cases be a third party. Where a contract is made with a third party Cream of Creams (M) Sdn Bhd is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order. This email will only be an acknowledgment and a purchase contract is formed. No refund and exchange is allowed. Cream of Creams (M) Sdn Bhd will proceed to arrange for shipment according to the shipping address provided.
(b) Pricing and Availability: Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
(c) Payment upon receiving your order: We carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Except where expressly provided by Cream of Creams (M) Sdn Bhd, all comments, feedback, information or materials submitted through or in association with this website shall be considered non-confidential and Cream of Creams (M) Sdn Bhd’s property. By submitting such comments, feedback, information or materials to Cream of Creams (M) Sdn Bhd, you agree to a no-charge assignment to Cream of Creams (M) Sdn Bhd of all rights title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Cream of Creams (M) Sdn Bhd shall be free to use such comments, feedback, information or materials on an unrestricted basis.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Warranties & Disclaimers
The information, products and services contained on this website may be outdated or include omissions, inaccuracies or other errors. All information is provided (to the fullest extent of the law) on an ‘as seen’ basis and Cream of Creams (M) Sdn Bhd makes no representations or warranties (expressly disclaims) of any kind, express or implied with respect to this website, including the information, content and materials of this website. Except if specifically stated, to the fullest extent permitted by law, neither Cream of Creams (M) Sdn Bhd nor any of its partners, suppliers, employees or associates, will be liable for damages arising out of or in connection with the use of this website or the information, content and materials included on this site. 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. Cream of Creams (M) Sdn Bhd reserves the right to make changes to this website, including information and pricing at any time without notice.
You agree to indemnify, defend and hold harmless Cream of Creams (M) Sdn Bhd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Cream of Creams (M) Sdn Bhd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Cream of Creams (M) Sdn Bhd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Cream of Creams (M) Sdn Bhd.