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TERMS
AND CONDITIONS OF USE
Welcome!
You have entered the website owned and
operated by HandiCraft.com.my (“HandiCraft.com.my”),
identified by the URL HandiCraft.com.my
(the "Site"), but before
proceeding further please read carefully
the following Terms and Conditions of Use
which will govern your use of the Site
(”Terms and Conditions” which
expression shall include any modification
that may from time to time be made thereto
by HandiCraft.com.my). By using the
Site or by placing an order through the
Site you agree to and accept all these
Terms and Conditions and therefore have
entered into an agreement with
HandiCraft.com.my governing your use of
the Site. In addition, when you use any
current or future HandiCraft.com.my
service(s), you also will be subject to
the guidelines and conditions applicable
to such service or business.
USE
OF SITE ACCESS
HandiCraft.com.my grants you a limited
non-exclusive license to access and make
personal and non-commercial home use of
this Site. As such, you cannot download
the Site (other than page caching) or
modify the Site or its contents or any
portion of the Site or any of its
contents, except with the prior written
consent of HandiCraft.com.my. This license
does not include any resale or commercial
use of this Site or its contents; any
collection and use of any product
listings, descriptions, or prices; any
derivative use of this Site or its
contents; any downloading or copying of
account information for the benefit of
another merchant and/or user; or any use
of data mining, robots, or similar data
gathering and extracting tools. This Site
or any portion of this Site may NOT be
reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited
for any commercial purpose without prior
express written consent of
HandiCraft.com.my. You may not frame or
utilise framing techniques to enclose any
trademark, logo, or other proprietary
information (including images, text, page
layout, or form) of HandiCraft.com.my and
the Site without HandiCraft.com.my’s
prior express written consent. You may not
use meta tags or any other "hidden
text" utilising HandiCraft.com.my and
the Site’s name or trademarks without
the prior written consent of
HandiCraft.com.my. Any unauthorised use
automatically terminates the permission or
license granted by HandiCraft.com.my.
You
are granted a limited, revocable, and
non-exclusive right to create a hyperlink
to the homepage of the Site so long as the
link does not in any manner whatsoever or
howsoever portray or depict the Site, or
its products or services in false,
misleading, derogatory, obscene or
otherwise offensive light or manner. You
may not use any HandiCraft.com.my logo,
the Site logo or other proprietary graphic
or trade mark as part of the link without
HandiCraft.com.my’s prior express
written consent.
YOUR
PARTICULARS
When you register with
HandiCraft.com.my, you agree to (i)
provide true, accurate, current and
complete information about yourself as
prompted by the Order form (the
"Order Data") and to (ii)
maintain and promptly update the Order
Data to keep it true, accurate, current
and complete. You are responsible for
maintaining the confidentiality of your
Order Data or passwords and for
restricting access to your computer, and
you agree to accept responsibility for all
activities that occur under your
particulars. HandiCraft.com.my cannot and
will not be liable for any loss or damage
arising from your failure to comply with
this Terms and Conditions. If you are
under 18 years of age, you can use the
Site only with involvement of a parent or
guardian. HandiCraft.com.my reserves the
right to refuse service, remove or edit
content, or cancel orders at its sole
discretion.
RISK
OF LOSS
All items purchased from the Site are
made pursuant to a shipment contract. This
means that the risk of loss and title for
such items pass to you upon our delivery
to the carrier.
TERMINATION
You agree that HandiCraft.com.my, at
its sole and absolute discretion, may
terminate your use of the Site for any
reason, including, without limitation,
lack of use or if HandiCraft.com.my
believes that you have breached or acted
inconsistently with or in disregard of the
letter or spirit of the Terms and
Conditions. HandiCraft.com.my may also at
its sole and absolute discretion and at
any time, with or without notice,
discontinue providing its services or any
part thereof. You agree that any
termination of your access to the Site
under any provision of this Terms and
Conditions may be effected without prior
notice, and acknowledge and agree that
HandiCraft.com.my may immediately bar any
further access to the Site. On the
happening of any of the afore-going, you
agree that HandiCraft.com.my shall not in
any manner whatsoever or howsoever, be
liable to you or any third party for any
termination of your access to the Site.
INDEMNITY
You hereby agree to indemnify and
forever save HandiCraft.com.my, its
affiliates, directors, officers,
employees, owners, agents, information
providers, licensors and licensees
harmless, from and against any and all
losses, claims, demands, damages,
liabilities and/or costs and expenses,
including legal costs, on a full indemnity
basis, which may arise from your use of
the Site, including, but not limited to,
any breach of any of the Terms and
Conditions, or your violation of any
rights of another. You shall use your best
efforts to cooperate with us in the
defence of any claim. We reserve the right
(but have no obligation), at our own
expense, to assume the exclusive defence
and control of any matter subject always
to full indemnification by you.
You
hereby acknowledge and agree that any
breach of the Terms and Conditions will
result in irreparable harm and/or losses
to HandiCraft.com.my for which monetary
damages would or may not be an adequate
remedy and, therefore, in addition to its
rights and remedies otherwise available at
law, HandiCraft.com.my will be entitled to
equitable relief, including both a
preliminary or interlocutory and permanent
injunction, if such a breach occurs. You
irrevocably waive any requirement for the
posting of a bond or other security if
HandiCraft.com.my seeks such an
injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY
HandiCraft.com.my ON AN "AS IS"
AND "AS AVAILABLE" BASIS.
HandiCraft.com.my MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE
OR THE INFORMATION, CONTENT, MATERIALS OR
PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK.
HandiCraft.com.my
DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES AND CONDITIONS
OF ANY KIND, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
HandiCraft.com.my MAKES NO
REPRESENTATIONS, WARRANTIES, CONDITIONS OR
GUARANTEES THAT THIS SITE OR THE FUNCTIONS
CONTAINED IN THE MATERIALS ON THE SITE
WILL MEET YOUR REQUIREMENTS; WILL BE
UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE OR THAT DEFECTS WILL BE
CORRECTED. HandiCraft.com.my DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM HandiCraft.com.my ARE
FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
AND TERMS ARE HEREBY EXCLUDED.
HandiCraft.com.my WILL NOT BE LIABLE FOR
ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL OR SAVINGS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION, WHETHER
IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE
OR ANY OTHER DAMAGES RESULTING FROM ANY OF
THE FOLLOWING (i) THE USE OR THE INABILITY
TO USE THE SITE, (ii) ANY DEFECT IN GOODS,
SAMPLES, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED FROM A USER OR A
THIRD PARTY SERVICE PROVIDER THROUGH THE
SITE, (iii) UNAUTHORISED ACCESS BY THIRD
PARTIES TO YOUR DATA OR PRIVATE
INFORMATION, (iv) STATEMENTS OR CONDUCT OF
ANY USER OF THE SITE, OR (v) ANY MATTERS
RELATING TO SERVICES ACQUIRED THROUGH THE
SITE HOWEVER ARISING, INCLUDING
NEGLIGENCE.
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE SITE IS DONE AT YOUR SOLE
DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OR CORRUPTION OF
DATA THAT RESULTS OR MAY RESULT FROM THE
DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING
ANY DAMAGES RESULTING FROM COMPUTER
VIRUSES. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM
HandiCraft.com.my OR THROUGH OR FROM THE
SITE SHALL CREATE ANY WARRANTY OR
CONDITION NOT EXPRESSLY STATED HEREIN.
UNDER
NO CIRCUMSTANCES SHALL HandiCraft.com.my
BE HELD LIABLE FOR A DELAY OR FAILURE OR
DISRUPTION OF THE CONTENT OR SERVICES
DELIVERED THOUGH THE SITE RESULTING
DIRECTLY OR INDIRECTLY FROM ACTS OF
NATURE, FORCES OR CAUSES BEYOND ITS
REASONABLE CONTROL, INCLUDING WITHOUT
LIMITATION, INTERNET FAILURES, COMPUTER,
TELECOMMUNICATIONS OR ANY OTHER EQUIPMENT
FAILURES ELECTRICAL POWER FAILURES,
STRIKES, LABOUR DISPUTES, RIOTS,
INSURRECTIONS, CIVIL DISTURBANCES,
SHORTAGES OF LABOUR OR MATERIALS, FIRES,
FLOOD, STORMS, EXPLOSIONS, ACTS OF GOD,
ACTS OF TERRORISTS, WAR, GOVERNMENT
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN
COURTS OR TRIBUNALS OR NON-PERFORMANCE OF
THIRD PARTIES.
APPLICABLE
LAW
This Site is created, owned and
controlled by HandiCraft.com.my in
Malaysia. The Terms and Conditions shall
be governed and interpreted in accordance
with the laws of Malaysia without giving
effect to any principles of conflicts of
laws. Those who choose to access the Site
do so on their own initiative and are
responsible for compliance with local
laws, if and to the extent local laws are
applicable.
By
visiting or using the Site or by placing
an order through the Site you hereby
irrevocably accept, agree and consent to
the exclusive jurisdiction of the Courts
in Malaysia in all disputes, controversies
or differences of whatsoever nature which
may arise, out of or in relation to the
Terms and Conditions, or the breach hereof
relating to the use of the Site.
ACCURACY
OF INFORMATION
We attempt to be as accurate as
possible when describing our products on
the Site. However, to the extent
permitted by applicable law, we do not
warrant that the product descriptions or
other content available on the Site is
accurate, complete, reliable, current, or
error-free.
MODIFICATION
AND DISCONTINUANCE
We reserve the right at any time and
from time to time to modify or
discontinue, temporarily or permanently,
the Site and the Terms and Conditions (or
any part thereof) with or without notice
to you. The amended and restated Terms and
Conditions will be posted on the Site and
shall be effective immediately upon
posting. Posting by HandiCraft.com.my of
the amended and restated Terms and
Conditions and your continued use of the
Site shall be deemed to be acceptance of
the amended terms. You agree that
HandiCraft.com.my shall not be liable to
you or to any third party for any
modification, suspension or discontinuance
of the Site. Please also review our other
policies posted on the Site. These
policies also govern your visit to
HandiCraft.com.my’s website.
WAIVER
OF CONDITIONS OF USE
The failure of HandiCraft.com.my in
any one or more instances to insist upon
performance of any of the terms or
conditions contained herein, or to
exercise any right or privilege hereunder,
or the waiver by HandiCraft.com.my of any
breach by you, of these terms or
conditions of sale, shall not be construed
as thereafter waiving such terms and
condition, rights of privileges, and the
same shall continue and remain in force
and effect as if no failure or waiver had
occurred.
LINKS
TO OTHER WEBSITES
Links to third party websites on this
Site are provided solely as a convenience
to you. Please exercise discretion while
browsing the Internet using this Site. If
you use these links, you will leave this
Site. HandiCraft.com.my has not reviewed
all of these third party sites and does
not control and is not responsible for any
of these sites or their content. Thus,
HandiCraft.com.my does not endorse or make
any representations about them, or any
information, software or other products or
materials found there, or any results that
may be obtained from using them. If you
decide to access any of the third party
sites linked to this Site you do this
entirely at your own risk.
HandiCraft.com.my will 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.
INTELLECTUAL
PROPERTY RIGHTS
HandiCraft.com.my is the sole owner or
lawful licensee of all the rights to the
Site and all information, text, messages,
illustrations, images, logos, designs,
icons, photographs, programs, music,
sound, video clips, directories, files,
databases, listings or other materials
available on or through the Site
(collectively the "Content").
The Site and the Content embody trade
secret and intellectual property rights
protected under worldwide copyright and
other laws. All title, ownership and
intellectual property rights in the Site
and the Content shall remain with
HandiCraft.com.my, its affiliates or
licensors of the Content, as the case may
be. All rights not otherwise claimed under
this Terms and Conditions or by
HandiCraft.com.my are hereby reserved.
“HandiCraft.com.my", "HandiCraft.com.my"
and related icons and logos of HandiCraft
Sdn Bhd in various jurisdictions are
protected under applicable copyright,
trademark and other proprietary rights
laws. The unauthorised copying,
modification, use or publication of these
marks is strictly prohibited.
NOTICES
AND COMMUNICATIONS
When you visit the Site or send
e-mails to us, you are communicating with
us electronically. You consent to receive
communications from us electronically. We
will communicate with you by e-mail or by
posting notices on the Site. You agree
that all agreements, notices, disclosures
and other communications that we provide
to you electronically satisfy any legal
requirement that such communications be in
writing.
SEVERABILITY
If any provision of the Terms and
Conditions shall be unlawful, void, or for
any reason unenforceable, then that
provision shall be deemed severable from
these terms and shall not affect the
validity and enforceability of any
remaining provisions.
ENTIRE
AGREEMENT
The Terms and Conditions constitute
the entire agreement between you and
HandiCraft.com.my and govern your use of
the Site, superseding any prior agreements
between you and HandiCraft.com.my
(including, but not limited to, any prior
versions of the Terms and Conditions). You
also may be subject to additional terms
and conditions that may apply when you use
other HandiCraft.com.my services,
third-party content or third-party
software. Any assignment or transfer of
either the Terms and Conditions or any
right granted hereunder is strictly
prohibited.
HEADING
The headings of each of the Terms and
Conditions are for convenience of
reference only and shall not form part of
the Terms and Conditions. Such heading
shall be ignored in the interpretation or
construction of any of the Terms and
Conditions. |
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