Terms & Conditions

 

1. INTRODUCTION

1.1 These terms and conditions set out the terms between you and “poshkidz” being so operated by Sri NS Hightech Solutions Sdn Bhd.

1.2 Your use of the services contained within constitutes acceptance of these terms and conditions in full.

1.3 You should not use this website if you do not accept with these terms and conditions in full.

2. KEY TERMS

“Website” refers to the domain page www. http://www.myposhkidz.com/.

“Website owner” or “We” or “Us” or “Our” refer to Sri NS Hightech Solutions including all its subsidiaries and affiliates.

“User” or “You” or “Your” refer to any legal entity; individual or unincorporated association or incorporated company, being the user of this website.

“Goods” refer to any Products purchased by User.

“Products” refer to children‟s products, for example, but not limited to clothing, toys, and accessories.

“Permission” refer to an express consent in writing given by the website owner to the user, to allow any acts or omissions in relation to a particular matter.

“Content” refer to any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the website.

“Package” refer to any containment which contains the goods ordered by the purchaser by adhering to the stipulated payment process.

3. INFORMATION ON THE WEBSITE

3.1 Whilst every effort is made to update the information contained on this website, neither the website owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any matter by any information contained in the website.

3.2 Without limiting our rights, we reserve our right at any time, with or without cause to:-

i. add, modify, delete, or vary any of these Terms and Conditions;

ii. change, amend, or alter without notice in relation to any aspect or feature of this website, including eliminating or discontinuing any

information or service or other feature of this website in which case we will post the revised Terms & Conditions.

3.3 No information shall be construed as advice. Any information offered is to be taken as it is.

3.4 You and your company rely on the information contained on this website at your own risk. However, if you do find any error(s), anomaly(ies), or omission(s), we would appreciate that you let us know.

4. CUSTOMER INFORMATION

4.1 It is optional for customers to register an account for security and genuine purpose before proceeding to purchase from our website. Registered customers would thereafter be able to enjoy the additional benefits offered by poshkidz.

4.2 You should always check that the contact information that you provide, which are required for registration of an account is correct and accurate before creating a customer account or proceeding to payment.

4.3 You are responsible for maintaining your own username and password, where it is required to access your account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

4.4 As a customer, you are responsible for your account and actions taken within it. If you are aware or suspect that your account username or password or other details have become known to a third party, you should inform us immediately.

4.5 We reserve the right to restrict or remove your access to this website if you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.

4.6 Such restrictions made may be permanent or temporary, depending on the circumstances at hand.

5. PROPRIETARY RIGHTS

5.1 All intellectual property and other proprietary rights including but not limited to trademarks, copyrights, design rights and any other intellectual property and material rights, shall belong to the website owner exclusively.

5.2 You are not allowed to alter, modify any trademarks, copyrights, industrial design rights and/or patent rights in connection with the website, for any purpose(s) whatsoever.

5.3 Your use of the website and its contents therein grants no rights whatsoever to you in relation to any copyrights, designs, trademarks, and any other

intellectual property and material rights relating to the content, including all HTML and other code contained in the website.

5.4 All such content, including third party trademarks, designs, and related intellectual property rights on this website are registered and afforded protection under the Malaysian Intellectual Property law.

5.5 You are permitted to only use the content in so far as it is expressly authorised or permitted by the website owner and/or its agent and/or licensors.

5.6 Any reproduction, redistribution, or any other acts fit to be considered as infringing the intellectual property rights of the website owner is strictly prohibited and may result in civil and/or criminal sanctions.

5.7 Without limiting the foregoing, copying and usage of the above listed materials to any other server, location or support for publication, reproduction or distribution is thereby prohibited. However, you are permitted to make one copy for the purposes of your own personal reference and viewing.

6. EXTERNAL LINKS

6.1 External links may be provided in the website for your own convenience, but they are beyond the control of the website owner and no representation is made as to their content.

6.2 Use or reliance on any external links and the content thereon provided is at your own risk.

6.3 When visiting external links, you must refer to the terms and conditions of use contained in that external website.

6.4 No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior permission of the website owner.

7. ADVERTISERS

7.1 Any dealings with any advertiser appearing on the website are solely between you and the advertiser or other third party, the website owner is not responsible or liable for any part of any such dealings or promotions.

8. PUBLIC FORUMS AND USER SUBMISSIONS

8.1 The website owner is not responsible for any material submitted to the public areas by you, be it any bulletin boards, hosted pages, chat rooms, blogs, or any other public area found on the website.

8.2 Any material, whether submitted by you or any other user is not endorsed or approved by the website owner, unless given express permission by the website owner to do as such.

8.3 The website owner reserves the rights and discretions to remove any material(s) submitted or posted by you in the website, without any notice to you, if it becomes clear and apparent that the material so posted:-

i. contains any defamatory, abusive, harassing, or threatening elements, and/or constitutes a violation of the rights of other users and/or any other third parties;

ii. contains any obscene, indecent, or unlawful contents which will adversely affect other users and/or any other third parties;

iii. contains any viruses, corrupted files, or any other similar software or programmes that may damage and/or adversely affect the operation of the website, system, or network of the website owner, users and/or any other third parties;

iv. violates or infringes any copyright, trademark, or any other intellectual property rights of the website owner;

v. contains any marketing or promotional elements which is intended to solicit business in any forms whatsoever; or

vi. any other material which the website owner deems fit and proper for it to be removed.

9. CONTENT AND ERROR

9.1 Colours of products are as accurate as the website allows and may differ slightly to the actual product due to the nature of photography and monitor colour calibration.

9.2 The website owner does not promise that the functional aspects of the site will be error free or that the website or the server that makes it available are free of viruses or any other harmful components.

9.3 The website owner recommends that all users of this website ensure that they have up to date virus checking software installed.

10. SUSPENSIONS OR BREAKDOWN OF SYSTEM

10.1 If you are unable to use the website as a result of improper operation of the systems, you agree you will not hold the website owner liable due to any of the following reasons:-

i. System suspension which has been announced by the website owner in advance on the website;

ii. Failure in data transmission due to breakdown in the telecommunications equipment and systems;

iii. Failure in system operations due to breakdown resulting from typhoon, earthquake, tsunami, flood, electricity blackout, war, terrorist attack, and other force majeure events which are beyond our reasonable control; or

iv. The services are interrupted or delayed due to hacking, authority, website upgrade, banks, and other reasons.

11. DAMAGES TO OTHERS

11.1 You agree not to introduce into or through this website any information or materials which may be harmful or offensive to others.

12. SPECIFIC USE AND CODE OF CONDUCT

12.1 You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, discriminatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually oriented, politically oriented, homophobic, racially offensive, profane, pornographic or violates any applicable law.

12.2 Thereby, you also agree that:-

i. you will provide accurate, current and correct information about you or your company;

ii. you acknowledge and represent that you or your company did not hold any criminal offence record and are not wound up or in the process of winding up;

iii. you will use this website in good faith and in compliance with all applicable laws and regulations;

iv. you will not use the content of this website for any commercial or other purposes that are not expressly permitted by these terms and conditions;

v. you will not in any way use this website in connection with spamming, spimming, phishing, trolling, or any similar activities.

13. COOKIES

13.1 This website uses cookies to ensure that the best experience is provided for you. If you continue without changing your settings, the website owner will assume that you would appreciate receiving all cookies on this website.

14. PRODUCT PRICING AND TITLE

14.1 We aim to make our prices as competitive as possible and will try and match our competitors. However, in some cases due to brand restrictions, promotional activities and sale periods, we will not be able to match prices.

14.2 Please note that we do not price match with EBAY, Affiliate‟s and any other websites in and outside Malaysia with Varying Exchange Rates.

14.3 The processing of an order can be cancelled or corrected by us at any time up to the delivery of that order and any related goods.

14.4 We reserve the right to alter all product pricing without any prior notice.

14.5 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been delivered and received by you.***

15. PRODUCT

15.1 Please ensure and take note of the product details and descriptions as well as the displayed image, colours, and measurements of it before placing your order.

15.2 Product prices are exclusive of any postage charges.

15.3 Due to individual different monitor settings, color may vary slightly from products illustrated in our website.

16. PROMOTIONS AND DISCOUNTS

16.1 Discounts are issued in the form of either „savings‟ or a „percentage off‟ and are offered to customers via promotional e-mails, advertisements, on-site banners or third party communications.

16.2 There is no cash alternative and all terms and conditions are non-negotiable.

16.3 Unless otherwise stated, discounts are only applicable to full price goods (sale and clearance goods are not included).
16.4 We reserve the right to cancel or change any promotion and/or discount without notice at any time.
16.5 The Free Delivery offer (infra) will only apply to „Standard Malaysia Shipping‟ AND for purchase of RM 200.00 and above, unless stated otherwise.
16.6 In all cases, only the shipping will be charged unless stated.
 
17. FORCE MAJEURE CLAUSE
17.1 We shall not be liable or deemed liable or be deemed to be in breach of any delay in performing or any failure to perform any delivery if the delay or failure was due to any cause beyond our reasonable control, such as:-
i. Act of God, explosion, flood, tempest, fire, or accidents;
ii. War or threat of war, sabotage, insurrection, civil disturbance or requisition;
iii. Acts of restrictions, regulations, by-laws, prohibitions, or measures of any kind on the part of any government or local authority;
iv. Import or export regulations or embargoes;
v. Interruption of traffic, strikes, lock-outs, other industrials actions or trade disputes; or
vi. Interruptions of production or operation, impossibility in finding raw materials.
 
18. EXCLUSION OF LIABILITY
18.1 TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE WEBSITE OWNER SHALL NOT BE RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY LOSS(ES), LIABILITY(IES), DAMAGE(S) (WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL), PERSONAL INJURY(IES) OR EXPENSE(S) OF ANY NATURE WHICH MAY BE SUFFERED BY YOU OR ANY THIRD PARTY(IES) (INCLUDING ANY COMPANY(IES)), AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE, WHETHER DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF OUR WEBSITE, ANY INFORMATION CONTAINED IN THE WEBSITE.
18.2 NEITHER THE WEBSITE OWNER NOR ANY LICENSOR OF THE SAME OR THE DATA OR CONTENT PROVIDER SHALL BE LIABLE OR RESPONSIBLE IN ANY WAY TO YOU OR ANY OTHER PERSON(S), FIRM(S), OR CORPORATION(S) WHATSOEVER FOR ANY LOSS(ES), LIABILITY(IES), DAMAGE(S) (WHETHER DIRECT OR CONSEQUENTIAL), PERSONAL INJURY(IES) OR EXPENSE(S) OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAY(S), INACCURACY(IES), ERROR(S), OR OMISSION(S) OF ANY SHARE PRICE INFORMATION OR THE TRANSMISSION THEREOF, OR FOR ANY ACTION(S) TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION(S), OR TERMINATION THEREOF.
 
19. WARRANTIES
19.1 The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the
website, the information contained on the website, you or your company‟s personal information or material and/or information transmitted over our system.
20. INDEMNITY
20.1 You agree to indemnify and hold the website owner, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out from your use of the website whether directly or indirectly.
21. WAIVER
21.1 If at any time the website owner does not enforce any of these terms or grant you time or other indulgence, the website owner will not be construed as having waived that term or our rights to later enforce that or any other term.
22. SEVERABILITY
22.1 If any portion of these terms and conditions is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
23. CHOICE OF LAW AND JURISDICTION CLAUSE
23.1 These terms will be governed by Malaysian Law.
23.2 You agree to submit to the exclusive jurisdiction of the Malaysian Courts.
24. RECOMMENDATIONS AND REVIEWS
24.1 You are encouraged to offer reviews for each time you use our service. You agree to provide a prompt review that is true and fully reflects your experience with us.
24.2 We reserve the right to adjust, refuse or remove reviews at our sole discretion. The reviews collected should be regarded as survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
25. MISCELLANEOUS
25.1 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms and Conditions.
25.2 These terms and conditions constitute the sole record of the agreement between you and the website owner in relation to your use of the website. Neither you nor the website owner shall be bound by any express, tacit or implied representation, warranty, promise or the likes not recorded herein.
25.3 Unless otherwise specifically stated, these terms and conditions supersede and replace all prior commitments, undertakings, or representations, whether
written or oral, between you and the website owner in respect of your use of the website.
25.4 The website owner may at any time modify any relevant terms and conditions, policies or notices.
25.5 You acknowledge that by visiting the website from time to time, you shall be bound to the current and latest version of the terms and conditions which supersedes all previous terms and conditions.
25.6 Any notice(s) must be sent in writing to our designated contact details available on the website.
 
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