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TERMS
AND CONDITIONS OF USE
Welcome! You have entered the website
owned and operated by Perfume2U
(“Perfume2U.my ”), identified by the
URL Perfume2U.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 Perfume2U.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 Perfume2U.my
governing your use of the Site. In
addition, when you use any current or
future Perfume2U.my service(s), you
also will be subject to the guidelines and
conditions applicable to such service or
business.
USE OF SITE
ACCESS
Perfume2U.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 Perfume2U.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 Perfume2U.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 Perfume2U.my and the Site
without Perfume2U.my ’s prior express
written consent. You may not use meta tags
or any other "hidden text"
utilising Perfume2U.my and the
Site’s name or trademarks without the
prior written consent of Perfume2U.my .
Any unauthorised use automatically
terminates the permission or license
granted by Perfume2U.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 Perfume2U.my logo,
the Site logo or other proprietary graphic
or trade mark as part of the link without
Perfume2U.my ’s prior express written
consent.
YOUR
PARTICULARS
When you
register with Perfume2U.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. Perfume2U.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. Perfume2U.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 Perfume2U.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
Perfume2U.my believes that you have
breached or acted inconsistently with or
in disregard of the letter or spirit of
the Terms and Conditions. Perfume2U.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
Perfume2U.my may immediately bar any
further access to the Site. On the
happening of any of the afore-going, you
agree that Perfume2U.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
Perfume2U.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
Perfume2U.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, Perfume2U.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
Perfume2U.my seeks such an
injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE
IS PROVIDED BY Perfume2U.my ON AN
"AS IS" AND "AS
AVAILABLE" BASIS. Perfume2U.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.
Perfume2U.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.
Perfume2U.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. Perfume2U.my DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM Perfume2U.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.
Perfume2U.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
Perfume2U.my OR THROUGH OR FROM THE
SITE SHALL CREATE ANY WARRANTY OR
CONDITION NOT EXPRESSLY STATED HEREIN.
UNDER NO
CIRCUMSTANCES SHALL Perfume2U.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
Perfume2U.my in MalPerfume2U. The
Terms and Conditions shall be governed and
interpreted in accordance with the laws of
MalPerfume2U 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 MalPerfume2U
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
Perfume2U.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 Perfume2U.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 Perfume2U.my ’s website.
WAIVER OF
CONDITIONS OF USE
The failure
of Perfume2U.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
Perfume2U.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.
Perfume2U.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,
Perfume2U.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.
Perfume2U.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
Perfume2U.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
Perfume2U.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 Perfume2U.my
are hereby reserved.
“Perfume2U", "Perfume2U.my
" and related icons and logos of Home
N You 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 Perfume2U.my
and govern your use of the Site,
superseding any prior agreements between
you and Perfume2U.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
Perfume2U.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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