Terms of Use & Notices

To learn how DSara Fried Chicken Temerloh (“DFCT”, “we”, “our”, “us”) collects & protects your personal data, please refer to our Privacy Policy. Any non-personal information or material sent to DFCT by you will generally NOT be treated as confidential.

ACCEPTANCE OF TERMS – GENERAL

The use of the DSara Fried Chicken Temerloh website and related online services (the “Website”) is subject to these Terms of Use & Notices (“TOU & Notices”). By accessing and using the Website, you agree to be bound by this TOU & Notices (including any guidelines and rules, collectively “Notices”) that we may post on the Website from time to time.

You agree that DFCT may modify and amend this TOU & Notices at any time without notice. Unless explicitly stated otherwise, any new service introduced by DFCT shall be subject to this TOU & Notices. All such Notices are incorporated by reference. You are responsible for regularly reviewing this TOU & Notices posted on the Website. Your continued use of the Website constitutes your agreement to any modifications or amendments.

You can access the Website home page and browse without disclosing personal data. The Website may include links to third-party sites and services and is subject to Section 7 (Links to Third Party Sites) below.

Owing to the global nature of internet infrastructure, information you provide may be transferred in transit to countries that do not have similar data-protection standards. By submitting your information, you consent to these transfers.

“You” and “your” mean any user of the Website (including registered members).
“DSara Group” means DSara Fried Chicken Temerloh and any person or entity controlling, controlled by, or under common control with DFCT. “Control” means ownership of shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent).
“DSara Account” means a Website login account (when introduced) that retains personal and confidential information pertaining to registered members and allows participation in DFCT promotions via a one-time registration.

REGISTRATION, USE AND SECURITY

To register a DSara Account, you must provide the information required in the registration form. You will provide a unique password and email address. You are responsible for maintaining the confidentiality of your password and email, and are fully responsible for all activities that occur under them, whether or not authorized by you.

DFCT reserves the right to terminate any dormant DSara Account not used for six (6) months or longer.

Information on the Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. DFCT may make improvements and/or changes to the Website and to any fees/rates for its services at any time without notice.

You agree to: (a) provide true, accurate, current and complete information as prompted by the registration form; and (b) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or if DFCT suspects the same, DFCT has the right to suspend or terminate your DSara Account and refuse any and all current or future use of the Website (or any part thereof).

The Website may not be available to all devices that connect to the Internet. You assume all responsibility regarding equipment/software necessary to access the Website and all associated risks.

The Website may not be accessible from all regions/countries. DFCT may, in its sole discretion, limit or terminate your ability to access the Website from certain regions or countries, and you assume all risks associated with such accessibility.

DFCT reserves the right, in its sole discretion, to limit or prohibit your entry into the Website and shall not be liable for such limitation or prohibition.

YOUR CONDUCT

You agree to use the Website only for lawful purposes and in accordance with this TOU & Notices.

You agree to (a) notify DFCT immediately of any unauthorized use or other breach of security, and (b) ensure that you exit from your DSara Account at the end of each session. DFCT is not liable for any loss or damage arising from your failure to comply with this provision.

Your DSara Account is not transferable and may not be assigned to any third party. The Website is provided for your internal, personal use only. You may not: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Website; or (b) make commercial use of the Website without DFCT’s express written consent.

You agree to abide by all applicable local, state, national and international laws/regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communications through any Online Ordering & Delivery Service (“Delivery Service”). Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all applicable laws regarding online communication in your country of residence.

You may not use the Website in any manner that could damage, disable, overburden, or impair the Website (or the networks connected to it) or interfere with any other party's use and enjoyment. You may not attempt to gain unauthorized access to the Website, other DSara Accounts, computer systems or networks connected to the Website through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through means not intentionally made available through the Website.

You agree to be responsible for payment of (i) registration or subscription fees (where applicable), (ii) charges for the content or services requested by you, and (iii) any other applicable charges DFCT may stipulate from time to time, including charges incurred as a result of your use (or misuse by an unauthorized third party), or any error, accidental use or loss (collectively, “Charges”).

You will not post or transmit through the Website any defamatory, harmful, obscene, threatening, pornographic or illegal material, or material that infringes others’ rights (including IP, confidentiality, or privacy) or causes distress or inconvenience. Do not express opinions that are crude, racist, sexist, vulgar, or otherwise offensive. Always treat other users with respect.

You will abide by the specific rules of any competition or promotion you participate in via the Website. Unless stated otherwise, all prize draws and competitions offered via the Website are open only to residents of Malaysia.

You will not do anything that affects the operability or security of the Website or causes unreasonable inconvenience, offence, or disruption to our staff.

TERMINATION / ACCESS RESTRICTION

You may terminate and close your DSara Account by contacting us via WhatsApp support at https://www.wasap.my/601155059363/info from the same email/phone you used to open the account. Your message must specify your email and expressly state that you wish to terminate your DSara Account.

Without limiting anything herein, DFCT reserves the right to terminate the Website (and any DFCT mobile/online service) and your use of the DSara Account at any time without notice and for any reason.

In addition to any termination rights under this TOU & Notices, DFCT may suspend or terminate your DSara Account and access to the Website without notice and in its sole discretion if:

• For inactivity, as defined above (no login for six (6) months).
  
  

• DFCT suspects fraudulent use (including, without limitation: (a) permitting third-party access to your email/password; (b) entering invalid or apparently invalid user information; or (c) attempting to register for free/trial/promotional offers under several aliases or with different user details to circumvent one-trial-per-user limits).
  
  

• You materially violate this TOU & Notices, any Notice posted from time to time on the Website, or any applicable law, rule or regulation.
  
  

• Any law, regulation, or governmental action renders all or any portion of the Website (or your use of the Delivery Service) unlawful or impracticable.
  
  

• Your use of your DSara Account or the Website impairs or threatens to impair the integrity or functionality of DFCT’s network.
  
  

• DFCT believes that you have violated or acted inconsistently with the letter or spirit of this TOU & Notices.
  
  

You agree that DFCT shall not be liable to you or any third party for any termination of your access to the Website or your DSara Account.

DISCLAIMER & LIMITATION OF LIABILITY

DFCT makes no warranty that the Website will meet your requirements or that it will be secure, timely, uninterrupted or error-free, or that any data, content, information, software or other material accessible on or through the Website or your DSara Account are true, accurate, or free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input/output, and for maintaining means external to the Website for reconstruction of any lost data. All use is at your own risk and you are solely responsible for all damages resulting therefrom.

The Website is not intended for “mission critical” circumstances and is provided on an “as is,” “where is,” and “as available” basis, without warranties of any kind, express or implied, including but not limited to title, quiet enjoyment, non-infringement, merchantability, or fitness for a particular purpose.

To the maximum extent permitted by law, DFCT disclaims all warranties, express or implied, with respect to the Website and transactions performed through the service or on the Internet generally. DFCT makes no representations or warranties as to the quality of any connection to or any transmission over the Internet.

To the fullest extent permitted by law, under no circumstances (including negligence) shall DFCT be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits (even if DFCT has been advised of the possibility or such damage is foreseeable), resulting from: use of or inability to use the Website; any changes to the Website; unauthorized access to or alteration of your transmissions/data; any communication, transmission, material or data sent/received or not sent/received; transactions entered into through the Website; or arising in connection with fraudulent or unlawful acts of any third party.

You specifically agree DFCT is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including IP rights.

If you are dissatisfied with the Website, materials available on or through it, or with this TOU & Notices, your sole and exclusive remedy is to discontinue using the Website.

DFCT will take reasonable measures to maintain privacy and security of personal information you provide; however, third parties (such as hackers) may breach or attempt to breach security. You agree DFCT shall not be liable for damages of any sort with respect to any breach of security of the Website or other equipment or user information.

INDEMNITY

You agree to indemnify, defend and hold harmless DFCT, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third-party information providers to the Website from and against all losses, expenses, damages and costs (including attorneys’ fees) resulting from any violation by you of this TOU & Notices or asserted by any third party due to or arising out of your use of or conduct on the Website.

The provisions of this paragraph are for the benefit of DFCT and its officers, directors, employees, agents, shareholders, licensors and suppliers. Each such person/entity shall have the right to assert and enforce these provisions directly against you.

LINKS TO THIRD PARTY SITES

The Website may contain links to third-party websites (“Linked Websites”) and include advertisements. You agree Linked Websites and advertisements may be necessary for DFCT to provide services. Such links/ads are provided only as a convenience. DFCT is not responsible if a Linked Website is not working appropriately. DFCT has no control over such websites/resources and is not responsible for their contents, including any link contained therein, and does not endorse any content, advertising, products or other materials available from such sites/resources. You are responsible for viewing and abiding by privacy statements and terms of use posted at Linked Websites and for ensuring anything you select is free of viruses, worms, trojan horses and other destructive items.

Any dealings with third parties (including advertisers) over Linked Websites or participation in promotions— including delivery of and payment for goods/services, and any other terms, conditions, warranties or representations associated with such dealings—are solely between you and such third party. DFCT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Purchases from a Linked Website are transactions solely between you and that merchant.

DISCLOSURE AND CONFIDENTIALITY

DFCT reserves the right to disclose any personal information about you or your use of the Delivery Service/Website without prior permission if DFCT, in good faith, believes such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend DFCT’s rights or property (or those of its holding/affiliated companies); (3) enforce this TOU; or (4) act to protect the interests of its members or others.

Any non-personal information or material sent to DFCT by you will generally NOT be treated as confidential.

For further details on use and disclosure of your personal information please see our Privacy Policy.

PROPRIETARY RIGHTS

COPYRIGHT

The Website, all images, text, graphics, logos, sound, programs and other material (“Content”) found on the Website are protected by trademark, copyright and other intellectual property laws and international treaties. Any commercial use of the Website and Content is strictly prohibited without DFCT’s express prior written consent. Any reproduction or redistribution of the Delivery Service and Content not in accordance with this TOU is expressly prohibited by law and may result in severe civil and criminal penalties.

Elements of the Website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by DFCT.

GRANT OF LICENSE AND RESTRICTIONS

You acknowledge and agree that the Website and any necessary software used in connection with the Website (the “Software”) contain proprietary and confidential information protected by applicable intellectual property and other laws. DFCT reserves all rights not expressly granted, including ownership and proprietary rights.

The Software is made available solely for your individual, non-transferable, non-exclusive and non-commercial use, in connection with DFCT’s services and in accordance with this TOU and any end-user license agreement (“License Agreement”) that accompanies the Software. You may not install/use any part of the Software unless you first agree to this TOU and any License Agreement. The Software is “in use” on a computer when loaded into temporary memory (RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage).

You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except to the extent such restriction is prohibited by law.

Any reproduction or redistribution of the Software not in accordance with this TOU & Notices and any License Agreement is prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting Section 5 above, the Software is provided “as is,” and DFCT disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

TRADEMARKS AND THIRD-PARTY MATERIALS

DFCT reserves all rights in its names, service marks, logos, trade names, trademarks, websites and domain names (collectively, “Marks”). Nothing in this TOU grants you any license to use such Marks. Other marks appearing on the Website may be marks of third parties not affiliated with DFCT. DFCT and the DSara Group do not control or endorse the content of third-party websites.

GENERAL

This TOU & Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and DFCT regarding this TOU & Notices will be subject to the exclusive jurisdiction of the courts located in Malaysia, and you expressly waive all defenses to jurisdiction. For determining jurisdiction and applicable law, the Website shall be deemed to have originated and been provided by DFCT in and from Malaysia.

This TOU & Notices contains the entire understanding between the parties with respect to the Website and supersedes all previous oral or written agreements or understandings between you and DFCT. No advice or information, whether oral or written, obtained by you from the Website (before or after the date you accept this TOU & Notices) shall create any obligation or warranty on the part of DFCT not expressly stated herein. You may also be subject to additional terms when you use any services offered by the DSara Group, third-party content or software. Neither the course of conduct between the parties nor trade practice shall modify any provision of this TOU & Notices.

DFCT’s performance of this TOU & Notices is subject to existing laws and legal process, and nothing contained herein is in derogation of DFCT’s right and obligation to comply with governmental, court and law-enforcement requests or requirements relating to your use of the Website or information provided to or gathered by DFCT with respect to such use.

If any provision of this TOU & Notices is held invalid, the remainder will continue in full force and effect. If any provision is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the parties’ intentions, with the other provisions remaining in full force and effect. This TOU & Notices shall not be construed against any party as the principal draftsperson. A printed version of this TOU & Notices and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

DFCT’s failure to insist upon or enforce strict performance of any provision shall not be construed as a waiver of any provision or right unless acknowledged and agreed by DFCT in writing.

DFCT reserves the right to amend any provisions of this TOU & Notices from time to time. Amendments are effective immediately upon notification on the Website. Your continued use represents your agreement to be bound by the TOU & Notices as amended.

You may not assert any claim against DFCT in connection with the Website unless you have given DFCT written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. Any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, it is permanently barred.

DFCT may assign its rights and duties under this TOU to any party at any time without notice to you, and this TOU shall be binding upon and inure to the benefit of each party’s respective permitted successors and assignees.