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2017 © Hydrofil (Malaysia) Sdn Bhd. All Rights reserved.
 
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Conditions of Use

Terms and Conditions

Cleansui E-commerce Malaysia (hereinafter referred to as “the Company”) hereby provides the terms, conditions and policies (hereinafter referred to as “the Policy”) of your usage of the website of “cleansuimalaysia.com” (hereinafter referred to as “the Website” which is an internet online shop owned and operated by the Company as follows:

1. General Provisions

1.1. Scope of the Policy

The Policy prescribes the relationship between the Company and users, in relation to the provisions of using the shopping service and the associated service (hereinafter both referred to as “the Service”) on the Website. Your access and use is conditional upon your acceptance and compliance with the Policy.

1.2. Agreement and Modification of the Policy

1.2.1. Upon accessing and/or using the Service or any materials on the Website, the user will be deemed to have accepted and agreed to be bound by the Policy.

1.2.2. The Company may amend and/or modify the Policy without prior consent of users when the Company deems that an amendment and/or modification are needed at its sole and absolute discretion. If the Policy is amended or modified, the Company shall announce it on its web-site or notify via E-mail. The modification shall come into effect when it is announced or notified and your use of the Website following such amendment and/or modification shall constitute your acceptance to be bound by the same.

1.2.3. If a user suffers a loss due to the amendment and/or modification, the Company shall not bear any responsibility under any circumstances whatsoever and the user unconditionally agrees to hold the Company harmless from any such loss.

1.3. Use of the Service

Upon using the Service, the user will be deemed to have irrevocably and unconditionally agreed to the Policy.

1.4. User Qualification

1.4.1. A user of the Website must be a natural person over the age of eighteen (18) years of age with capacity to contract or a lawfully constituted legal entity formed in and authorized to carry on business in accordance with the laws of Malaysia.

1.4.2. Use of the Service is limited to a natural person of stipulated age and capacity who is a resident of Malaysia, or a lawfully constituted legal entity formed in accordance with the

laws of Malaysia having its business address in Malaysia and in both cases having a valid and subsisting email account.

1.5. Termination of the Service and Deletion of Dealership/Agent Registration

1.5.1. The Company may suspend providing the Service, delete Dealership/Agent registration and take any other measures that the Company deems necessary without prior notification to the user when a user's act or default falls under one of the following cases;

1.5.1.1. The user fails to comply with the Policy at any time;

1.5.1.2. The user delays or defaults in paying any fees in respect of the Service, paying for purchases on or through the Website or fails in other contractual fulfilments in respect of any transactions undertaken through or on the Website;

1.5.1.3. The user carries out any act or default or permits any act or default in breach of Section 8.4 (Prohibited Matters) of the Policy;

1.5.1.4. The user acts in any manner that the Company considers, at its sole and absolute discretion, may lead to a violation of or is a violation of the Policy.

1.5.2. If any losses occur to the Company or any third parties due to a breach of the preceding clause by a user, the concerned user shall be liable for and shall compensate the Company and any third parties for all claims, proceedings, losses, costs expenses and monies whatsoever incurred or suffered by the Company and the said third parties (including legal fees on a solicitor-client basis). In the event of any inquiries, complaints or claims raised by third parties due to the breach, the user shall be solely responsible and liable to the said third parties to resolve such inquiry, complaint or claim at his/her own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.

1.6. Contents of Publication

1.6.1. User acknowledges and agrees that the Company does not guarantee the completeness and accuracy of any of the information or contents of the Website. A user shall use the Website at his/her own sole risk.

1.6.2. The Company has the absolute right to amend and/or modify, supplement, delete and/or repeal any of the contents published in the Website at its sole discretion.

1.7. Information Processing

A user may not use any information obtained through the Service for any purpose other than transacting on or through the Website for any purpose without the prior written permission of the Company.

2. Purchase of Products

2.1. Purchase of products

2.1.1. A user is entitled to purchase products through the Service.

2.1.2. When a user wishes to purchase products, he/she shall order products according to the form the Company provides and this order is regarded as an application to the Company in the contract of product purchasing.

2.1.3. After a user orders products on the Website in the prescribed manner, the Website will send a mail to confirm the acceptance of the order and contents of the order. As for purchase of products, regardless of the form of payment and the form of delivery of the products, it is regarded that a contract of sales regarding the said ordered products between the user and the Company comes into force when the Company, corresponding to the order mentioned in the preceding clause, transfers the concerned products to a delivery company notwithstanding that the user’s obligation to make payment of the price of the products arises immediately from the confirmation of acceptance of the order.

2.2. Termination of Sales Orders

2.2.1. If any of the following cases happens, the Company may, without any liability whatsoever, cancel or terminate the said sales order confirmed according and pursuant to Clause 2.1.3. of the preceding article without prior notification:

2.2.1.1. The user fails to comply with the Policy at any time;

2.2.1.2. There has been a notice of payment denied from the debit card or credit card company designated by the concerned user;

2.2.1.3. An indication that the solvency of the user is in jeopardy or that the user may be unable to pay for the products ordered;

2.2.1.4. The products cannot be delivered due to an incorrect address or absence of the user at or about the time of expected or actual time of delivery;

2.2.1.5. A false or incorrect statement is found in the personal information provided by the user;

2.2.1.6. An order for products that would require an extended time to be received or to be produced due to any circumstances or reason whatsoever (User acknowledges and agrees that this may occur and includes a case where products were ready when the order was placed but are not so available afterwards or at or about the time of delivery);

2.2.1.7. The quantity of the order is beyond the limit of purchasable or available stock items;

2.2.1.8. The correct price of the products ordered is higher than the price displayed in the Website (the user acknowledges and agrees that the Company’s decision (at its discretion) on the applicable price shall be final and binding);

2.2.1.9. It comes to the knowledge of the Company that an order for the purpose of resale or profit has been accepted;

2.2.1.10. An order from a person with limited or no capacity to contract or an enterprise or entity not being duly and lawfully constituted and carrying on business in Malaysia has been accepted.

2.2.2. Besides the provisions mentioned in the preceding clause, the Company may cancel or terminate an order at any time and take any appropriate measures it deems appropriate if the Company is of the opinion that there is a dishonest act or an inappropriate act regarding or relating to the use of the Service.

2.2.3. In the event of the preceding two clauses, the user shall be liable for and the Company may claim from the user for all losses, expenses, costs and damages whatsoever incurred by the Company due to the cancellation of an order pursuant to the foregoing. The user acknowledges and agrees that the user shall not be entitled to claim for any losses, expenses, costs and damages whatsoever from the Company if he/she suffers losses due to the cancellation and hereby irrevocably waives any such claim.

2.3. Payment

2.3.1. Methods of payment for products purchased through the Service are provided by the Company and a user may choose a method of payment as provided when he/she orders the products. A change of method is not permitted once confirmed without the prior written consent of the Company.

2.3.2. A user shall pay all the fees including the shipping, processing, handling and other prescribed charges.

2.3.3. Payment by debit card or credit card shall be in accordance with the contract which is agreed between a user and his/her debit card or credit card company. If a dispute arises between the concerned user and the debit card or credit card company, it shall be resolved between the concerned parties and the Company shall not bear any responsibility in respect thereof.

2.4. Delivery

2.4.1. The user acknowledges that delivery of products is outsourced by the Company and the Company shall not be responsible to the user for any delay or non-delivery of the Products. A user may check notifications on the Website relating to the date of delivery of the products. Information on the Website is only for reference and shall not be binding upon the Company. Delivery of products may be delayed in cases where the products are out of stock or cannot be delivered timely on holidays (including non-work days) of the Company, the suppliers and/or the delivery companies. The Company can provide no assurance or guarantee that deliveries will be made within a prescribed period.

2.4.2. Packing of orders shall be at the sole discretion of the Company and the Company reserves the right to pack orders in such manner as it deems appropriate and the costs thereof shall be borne by the user notwithstanding that multiple packages may be required.

2.4.3. Delivery is limited to the territory in Malaysia.

2.4.4. The Company reserves the absolute right to reject delivery to any location or place that the Company deems isolated or remote or outside the area of coverage having regard to the nature of the orders placed.

2.5. Transfer of Ownership

2.5.1. Regardless of the methods of payment and forms of delivery, the ownership of all the products purchased through the Service is transferred to the user when the Company transfers possession of the products to a delivery company.

2.5.2. Risk in the products purchased shall vest in the user when the Company transfers possession of the products to a delivery company.

2.6. Return and Replacement of the Products

2.6.1. The Company accepts product returns and product replacements based on factory defect such as mechanism failure.

3. Customer Review

3.1. Customer Review Service

3.1.1. A user may use “Customer Review” on the Website. ”Customer Review” is defined as a written review evaluation and other information relating to products on the Website which are contributed by users to the site designated by the Company.

3.1.2. A user is solely responsible for the contents of his/her Customer Review and shall ensure that the contents of such Customer Review are limited to the products concerned and do not contain any Prohibited Contribution as referred to in Section 3.4.

3.2. Specifications

3.2.1. As for the specifications of “Customer Review Service” including the extent of products to which a user may contribute as “Customer Review”, the frequency and limitations of such contributions, etc., will be determined by the Company at its sole and absolute discretion and subject to the provisions of the Policy, and by accessing the Customer Review Service the user shall be deemed to have unconditionally accepted the terms of usage of the Customer Review Service and shall not object to the same.

3.2.2. The Company may modify in part or the whole of the specification in such manner as it deems fit from time to time and at any time and by accessing the Customer Review Service the user shall be deemed to have unconditionally accepted the terms of usage of the Customer Review Service and shall not object to the same. In the event any user claims to suffer a loss due to the modification of the said specifications, the Company shall not bear any responsibility under any circumstances whatsoever and the user unconditionally agrees to hold the Company harmless from any such loss.

3.3. Limitation of Functions

3.3.1. All users are able to use the function to browse the contributed “Customer Review”, but only a registered member is able to use the function to contribute to “Customer Review” and the function to evaluate the contributed “Customer Review”.

3.4. Prohibited Contribution

3.4.1. A user shall ensure that any contribution to or content in a “Customer Review” shall not allude or refer to or contain any statement, in whole or in part, which may be construed as containing (without limitation) any of the following prohibited contributions:-

3.4.1.1. Libel against the Company or third parties (including but not limited to manufacturers, distributors or persons dealing in any of the products or services on the Website);

3.4.1.2. Contents associated to crimes or criminal activity or to encourage crimes or criminal activity;

3.4.1.3. Contents breaching any laws of Malaysia;

3.4.1.4. Contents to produce publicity to any person, product, event or cause for purpose of profit or otherwise;

3.4.1.5. Contents preaching specific political and/or religious claims;

3.4.1.6. Contents calculated to cause or that may have the effect of causing injury to the reputation of the Company or third parties (including but not limited to manufacturers, distributors or persons dealing in any of the products or services on the Website) or to raise credit concerns;

3.4.1.7. Contents calculated to cause or that may have the effect of causing a violation or a possible violation of property rights, credit, privacy and other rights of the Company or third parties;

3.4.1.8. Contents to express discrimination;

3.4.1.9. Contents to be considered vulgar, harmful and coarse and other contents unpleasant to others;

3.4.1.10. Contents contrary to public orders or normal social conventions;

3.4.1.11. Contents containing personal information, e.g. name of a person, telephone number, mail address, residential address, place of work, credit card number, and bank account number;

3.4.1.12. Contents containing a harmful program or script;

3.4.1.13. Other contents that the Company deems as inappropriate.

3.4.2. When a user breaches any provision of the preceding clause, the Company may take any of the measures as follows:

3.4.2.1. Deletion of the ” Customer Review” content breaching the preceding clause;

3.4.2.2. Deletion of all the “Customer Review” contents contributed by the user breaching the preceding clause in the past;

3.4.2.3. Suspending the use of “Customer Review”;

3.4.2.4. Suspending or removing the user’s access to the “Customer Review” and/or the Website;

3.4.2.5. Other measures that the Company deems as necessary, including but not limited to lodging complaints with relevant authorities.

3.5. Use of “Customer Review”

3.5.1. Users acknowledge and agree that the Company may use contents of “Customer Review” without notifying the user who contributed the relevant “Customer Review”. By accessing and using the “Customer Review” section, users shall be deemed to have accepted and consented to the Company using or reproducing the contribution in any form, in whole or in part, including but not limited to quoting its contents, disclosing or reproducing the contribution in relation to or for any disclosure, offer, publication, online distribution and other forms without charge. All rights in the contributions shall be deemed vested in the Company and for the avoidance of doubt, the user shall be deemed to have granted an irrevocable, unconditional, royalty free, perpetual licence to use to the Company and the Company shall be absolutely entitled to use the contribution without reference to the user..

3.5.2. A user is not allowed under any circumstances to reproduce, convert, edit or copy the “Customer Review” content contributed by others unless otherwise expressly stipulated.

3.5.3. The Company shall be entitled to determine at its sole and absolute discretion the period of display and storage by the Company of “Customer Review” without reference to the user and a user may not object to this.

3.6. Responsibility of Users

3.6.1. A user of “Customer Review” shall be liable for and the Company may claim from the user for all losses, expenses, costs and damages whatsoever incurred by the Company or third parties (including legal fees on a solicitor-client basis) due to a breach of the Policy.

3.6.2. In the event of any inquiries, complaints and requests from third parties due to or related to “Customer Review” that alleges a breach of the Policy and violation of their rights, the relevant user responsible for or authoring the “Your Customer Review” shall be solely responsible and liable to the said third parties to resolve such inquiry, complaint or claim at his/her own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.

3.7. Disclosure of Users Personal Information

3.7.1. In the event of a claim by a third party that a “Customer Review” contributed by a user has violated the privacy right of such third party or has otherwise caused damage to the third party or the third party’s reputation and a request or demand by such third party that the Company provides the said third party with the user’s personal information, the user hereby agrees that the Company may disclose such personal information of the user as the Company is obliged to disclose pursuant to the relevant laws and procedures.

3.8. Exemption Clause

3.8.1. All users of the Website and any person having access to or viewing the “Customer Review” do so with full knowledge and acceptance that the contributions to the “Customer Review” are the opinions of the respective user contributing the same and that the Company does not necessarily endorse or agree with such opinions shall not in any way be responsible for or guarantee the exactness, reliability, suitability, innocuousness, etc of the respective contributions.

3.8.2. The Company is under no obligation to monitor or moderate contributions to the “Customer Review” to verify compliance with the Policy and the user contributing the same undertakes to ensure that his/her contribution is so compliant with the Policy prior to submitting the same.

3.8.3. A user shall accept that there may be temporary or permanent suspension of the Service due to unavoidable circumstances such as system maintenance by the Company or malfunction of communication line, unavailability of Internet access etc., The user acknowledges and agrees that the user shall not be entitled to claim for any losses, expenses, costs and damages whatsoever from the Company arising from or relating to the said suspension.

3.8.4. In addition to the preceding clauses, the user agrees that the Company does not bear any responsibility whatsoever for any loss of a user arising from or related to his/her use of the Service and hereby irrevocably waives any such claims against the Company.

3.9. Inquiry

3.9.1. The Company is not obliged to and shall not engage or respond to any inquiry from any user or other person in relation to the contents of “Customer Review”.

4.0. Tax and expenses

4.1. The user shall bear all tax, levy, duty or imposition of any charge or expense by any relevant authority and/or the accrual of any expenses not foreseen by the Company arising in respect of any purchase made on the Website and shall indemnify and keep indemnified and hold harmless the Company against any and all such taxes, levies, duties, charges and/or expenses. .

4.2. Loss and Suspension of Membership

4.2.1. If a member loses the membership (whether by termination, surrender or for any other reason whatsoever), he/she loses all the rights attached to the Coupon and shall not be entitled to any compensation whatsoever in respect of the loss of such rights.

5. Dealership / Agent Registration

5.1. Dealership / Agent Registration

5.1.1. Any person seeking to apply for Dealership / Agent Registration registration shall apply according to the procedure on the Website as required by the Company. The registration is free.

5.1.2. Dealership / Agent registration is deemed completed when the Company approves the application mentioned in the preceding clause. In the following cases, the Company retains the discretion to not approve the registration or cancel the registration after it is approved:

(i) The applicant has made a false statement;

(ii) In any case that the Company considers an applicant as inappropriate for membership for any reason whatsoever as determined by the Company at its sole and absolute discretion.

5.1.3. The Company shall be entitled to rely on the contents of the application without further inquiry or verification and the user shall indemnify and keep indemnified and hold harmless the Company for any loss, expense or damage suffered by the Company arising from any inaccurate or false statement in the contents of the application.

5.2. Email Address and Password

5.2.1. A member keeps the email address and the password which he/she registers for membership secure and confidential at all times. He/she should not transfer, lend, sell this email address and password or use them as a collateral or benefit-in-kind to third parties.

5.2.2. The registered email address and password assigned by the Company can be used in all the sections of the Website unless otherwise determined by the Company.

5.2.3. The Company does not provide a way or mechanism to confirm the password if a member loses his/her password. The member who loses or cannot recall his/her password shall be required to set a new password in accordance with the procedure set by the Company.

5.3. Function of the Service

5.3.1. By logging on with the registered e-mail address and password, a Dealership / Agent may use the exclusive Dealership / Agent services and enjoy a special privileges reserved only for Dealership / Agent. The Company shall be entitled to determine at its sole and absolute discretion the Function of the Service.

5.4. Principle of Self Responsibility and the Management of Mail Address and Password

5.4.1. A Dealership / Agent is the sole person responsible for the use and management of his/her e-mail address and password, and shall be held responsible for all the acts, instructions, transactions and conduct on the Website utilising or in the name of his/her mail address and password regardless of whether the said act, instruction, transaction and/or conduct is done by him/her.

5.4.2. The Dealership / Agent shall be solely liable for any loss suffered or incurred. The Company shall not responsible or liable for the losses of a member due to the use of his/her mail address and password by third parties, regardless of whether it is the intention or fault of the said member or not.

5.4.3. A Dealership / Agent shall ensure that the password chosen are of adequate strength and security and shall not use an easily inferable character string for his/her password, for example: email address, name, date of birth, or telephone number etc., and shall ensure that the password is changed regularly from time to time after setting the original password.

5.5. Cancellation of Dealership / Agent

5.5.1. If a Dealership / Agent commits a prohibited matter as referred to in Section 8.4 (Prohibited Matters), the Company may, without prejudice to its other rights and remedies and at its sole discretion, suspend the provision of the Service to the Dealership / Agent temporarily without prior notice or warning to the said Dealership / Agent and/or may cancel his/her Dealership / Agent permanently.

5.5.2. Any Dealership / Agent committing a prohibited matter shall be liable to compensate any person that has incurred any loss, expense or damage arising from his/her actions or conduct and shall indemnify and keep indemnified and hold harmless the Company from any and all loss, expense or damage that the Company may incur to any person arising from the said Dealership / Agent committing the said prohibited matter. He/she shall also bear all the legal fees (on a solicitor-client basis) incurred by the Company in relation to or arising from the foregoing.

5.6. Rescind the Dealership / Agent

5.6.1. A Dealership / Agent shall notify the Company in a form provided on the home page of the Service if he/she rescinds the membership for reasons of his/her own.

6. Personal Information

6.1. Processing of Personal Information

6.1.1. The Company collects and uses a user's personal information only within the scope necessary for operation and in a legitimate and appropriate manner. This Section 6 is to be read in the context of the Company’s Privacy Policy.

6.1.2. The Company does not sell, lend, transfer and disclose personal information to third parties without prior consent of the user save and except that the Company may make disclosure for the following purposes:-

6.1.3. The Company may disclose personal information without prior notification to the user in the cases as follows:

6.1.3.1.Following the provisions of laws, or the decrees from the administrative authorities or the judiciary;

6.1.3.2.The said user breaches related laws of Malaysia or the Policy

6.1.3.3.The Company determines that such disclosure is necessary for users to use or continue to use the Services;

6.1.3.4.Such other cases that the Company determines appropriate in its sole and absolute discretion by reference to the laws or the Policy.

6.2. Protection of Personal Information on linked Pages

6.2.1. The Website contains certain links to outside webpages but the Company cannot prevent the collection of personal information on such linked pages, therefore, a user shall be solely responsible to confirm the privacy policy of linked pages by himself/herself.

6.3. Data Protection

6.3.1. The Website contains certain pages utilizing “Cookies” technology for customized services corresponding to the trait of the users. It is assumed that users agree to use such “Cookie”. Pages containing “Cookies” would ask for the permission of the user as for the application of the “Cookie” so that a user can suspend use of “Cookie” to his/her discretion, but user is hereby informed that such suspension may prevent the use of some services.

7. Invoice

7.1. General Invoice

7.1.1. One who wants a general invoice shall request for the Company at the time when ordering products.

7.1.2. Contents of a general invoice are as follows;

7.1.2.1.Address: name of person, or name of company

7.1.2.2.Contents of products: name of products

7.1.2.3.Amount: Actual purchase price

7.2. Revised Form of Invoice

7.2.1. The Company may revise the form of invoices and related documents at any time if so required for the purpose of compliance with applicable laws or any regulatory requirements.

8. Miscellaneous

8.1. Prohibition of Transfer

8.1.1. A user shall not transfer, lend, sell the rights he/she holds as a user of the Service to third parties, nor can he/she give the rights as collateral or as a benefit-in-kind to any person or for any purpose.

8.2. Compensation

8.2.1. In the event of any losses to a user or third parties related to the use, delay, modification, suspension or abolishment of the Service, disclosure or loss of information

provided, the Company shall not be liable for the same and the Company shall not be obliged to compensate the said user or any third party in respect thereof.

8.3. Copyright

8.3.1. A user should not plagiarize the copyright, trademark or any other intellectual property rights of the Company or third parties applied or utilized in the Website or in the Service. All the copyright, trademark and other intellectual property rights of the service pages and relative pictures belong to the Company or are licensed by the Company from their respective owners. All users are absolutely prohibited to duplicate, distribute, transfer, lend, translate, use, reproduce, commercialize or reuse the copyrighted content, trademarks, images or any other content to which intellectual property rights of the Company, its licensors or the product owners are attached.

8.3.2. Patents, utility model rights, trademark rights, design rights, copyrights and other intellectual property rights concerning the Service all belong to the Company; and any unauthorized usage or infringement against such rights are prohibited by law and shall be a breach of this Policy by the user.

8.3.3. For the avoidance of doubt, no user shall derive any rights or entitlements whatsoever to any intellectual property rights in the Website, the products, applications and any other component of the Services by virtue of membership or access of the Website under any circumstances whatsoever.

8.4. Prohibited Matters

8.4.1. Without prejudice to other prohibited matters or conduct stipulated in the Policy, the following acts are prohibited in the use of the Service:

8.4.1.1. Disturbing, interrupting or causing disruption to the operation of the Service and creating or causing obstacles to the Service;

8.4.1.2. Illegal or unauthorized use of debit card or credit card;

8.4.1.3. Behavior that causes or may cause damage or loss to the Company or third parties;

8.4.1.4. Behavior violating or that may violate the trademark rights, copyrights, privacy, or other rights of the Company or third parties;

8.4.1.5. Behavior against public conventions and social orders;

8.4.1.6. Criminal conduct or behavior or conduct or behavior that may lead to the commission of a crime;

8.4.1.7. False statement or submission in registration for membership such as using another person’s email address;

8.4.1.8. Business activities for profit purposes;

8.4.1.9. Damaging the goodwill and credit of the Company;

8.4.1.10. Using or providing harmful programs such as computer virus and conduct that may result in the introduction or exposure of harmful programs to the Website;

8.4.1.11. Stealing or otherwise using without requisite authority the mail address and password of another member;

8.4.1.12. Not paying the bill for the products purchased through the Service;

8.4.1.13. A breach of the Policy;

8.4.1.14. A breach of domestic or international laws;

8.4.1.15. Using the Service in ways not suggested or permitted by the Company;

8.4.1.16. Linking the Service to other databases without the approval from the Company;

8.4.1.17. Illegal access to the server computer of the Service and carrying out any harmful activities that compromises the security or sanctity of the said server;

8.4.1.18. Other acts the Company deems as inappropriate

8.5. Modification, Temporary Suspension and Termination of the Service

8.5.1. The Company may modify the contents of the Service without prior notification to users.

8.5.2. In the following cases, the Company may partially or totally suspend the Service at its sole discretion without prior notification to users:

8.5.2.1.A regular or urgent maintenance or renewal of devices and systems for the Service;

8.5.2.2.Failure to provide the Service due to force majeure such as fire, blackout or natural calamities;

8.5.2.3.Other cases that the Company considers as appropriate to suspend the Service temporarily, such as operational or technical reasons or service failure due to an unexpected situation.

8.5.3. The Company may from time to time choose to provide notice on its home page as regard to the situations mentioned in the preceding clause.

8.5.4. The Company does not bear any responsibility or liability if a user is not able to use the Service and suffers damages due to the situation mentioned in the preceding clauses.

8.6. Limits of Responsibility

8.6.1. The Company does not bear any responsibility for third party websites linked to the Service by any third parties without the authority of the Company. The Company does not bear any responsibility or liability to compensate the damage due to or related to the services on the concerned outside website.

8.6.2. In case that the products are found to have quality problems upon arrival, you may return the products for a refund limited to the price of the concerned products or an exchange provided the products is in the same condition and is returned together with proof of purchase. The Company shall not be liable for any consequential or indirect loss or damage suffered by you due to the problems of the concerned products.

8.6.3. The Company bears no responsibility or liability for the products damaged due to mishandling or misuse by the user.

8.6.4. The appearance the products may be different from the actual products delivered due to the set-up of images, display or monitors, etc.

8.6.5. If a user causes damages or losses to other users or third parties, the said user shall be solely responsible to resolve on his/her own and at his/her own cost any disputes arising from or related to the said damage or loss and the Company shall not be liable for the same and shall not be obliged to compensate the said user or any third party in respect thereof.

8.6.6. When the Company is obliged to notify its members of any matter, it shall be deemed to have fulfilled its responsibility by sending the notification to the email address as registered in advance and by sending the products purchased in time to the address which a member designated.

8.6.7. If an email sent to a user by the Company does not arrive, or delivery of products the Company sent to a user is delayed or returned due to the user neglecting or failing to comply with any necessary procedure or if the delay or failure is caused by natural calamities such as earthquake and typhoon, riot, or terror, act of god, war (force majeure) or any other cause beyond our control, the Company shall not be liable or responsible for the losses of the said user.

8.6.8. THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES OR FACILITIES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND UNLESS OTHERWISE SPECIFIED IN WRITING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE AND WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES OR FACILITIES MADE AVAILABLE TO YOU THROUGH THE SERVICE AND WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF www.soukai.my IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES OR FACILITIES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE AND THE WEBSITE AND ANY COMMUNICATIONS RELATING TO OR FROM THE SERVICE AND WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE AND WEBSITE OR FROMINFORMATION, CONTENT, MATERIALS, PRODUCTS AND

OTHER SERVICES OR FACILITIES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

8.6.9. The Company does not bear any responsibility or liability for any damage a user suffers caused by the fact that he/she is not able to use the Service for his/her own reason.

8.7. Cost Bearing

8.7.1. A user shall bear the cost of setting up computer and communication device, telephone fees or fees for LAN necessary for the use of the Service by him/herself.

8.7.2. According to the Policy, users shall bear the public charges such as consumption tax imposed upon the fees for using the Service.

8.8. Governing Law and Dispute Settlement

8.8.1. For all matters relating to or arising from the Policy in connection with the products and the Service of the Company, the laws of Malaysia shall govern. When a dispute between a user and the Company happens, a user and the Company agree to settle such disputes, the parties shall submit to the jurisdiction of the Malaysian Courts.

8.8.2. Comes into effect on 1st January, 2015.