This Site https://hapishopmy.com (“Site”) is owned and operated by Hapishop Marketing Resources (“HAPISHOP” or “we” or “us” and the expression of which shall include its subsidiary, associated or related companies). These terms constitute a legal agreement (“Terms”) between HAPISHOP and the user of this Site (“User” or “you”). Please read these Terms carefully as the entry, access and use of this Site by the User is governed by these Terms. If you do not agree with and to the Terms, you must immediately leave this Site and discontinue using it and any of the services provided therein.
1.ONLINE PURCHASE PLATFORM
- HAPISHOP provides an online pre-paid purchase platform through which the User can purchase baby products and related accessories (“Products”). By placing an order to purchase through the Site, the User makes an offer to purchase the Products at the price listed on the Site upon such other terms and conditions stated in the Site, which shall become a binding contract when accepted by HAPISHOP. The User affirms that the User has the legal capacity under its relevant jurisdiction, and are fully able and competent to legally enter into the contract upon the Terms, and unconditionally accept to be legally bound by these Terms by making such purchase through the Site.
- We reserve the right not to accept any of your offer to purchase at our discretion and for whatever reason without the need to justify such refusal. In case an offer to purchase is rejected or cancelled by HAPISHOP and a payment has already been made, you will receive a refund of the payment for the price received by HAPISHOP (in which case shall exclude courier charges/shipping fee) and subject to bank charges. We also reserve the right to bar (“blacklist”) users from the Site, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user.
- You shall ensure that all details and information provided by you to us is accurate and complete. We shall not be liable for any consequence which may arise as a result of incomplete or inaccurate information/details provided to us.
2.USE OF THE SITE
2.1 HAPISHOP grants you a limited, restricted, personal, non-transferable, non-sublicenseable, revocable license to access and use the Site only as expressly permitted in the Terms. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to HAPISHOP or its suppliers and providers.
2.2 As a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site.
2.3 In case of violation of the Terms, HAPISHOP reserves the right to seek all remedies available by law and in equity for such violations. These Terms shall apply to all Users and/or visitors to this Site, both now and in future.
2.4 HAPISHOP reserves the right to change these Terms from time to time at its sole discretion. All changes will be posted on this Site and your use of this Site after such changes have been posted will constitute your agreement to the modified Terms and all of the changes. You shall periodically review the Terms for any changes.
2.5 This Site is controlled and offered to us by third party service provider. We make no representations that this Site is appropriate or available for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.
2.6 In order to participate in certain activities or services offered by HAPISHOP on this Site, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such services in which you choose to participate.
2.7 The Terms shall be construed and governed by the laws of Malaysia and by accessing this Site, you agree and submit to the exclusive jurisdiction of the courts of Malaysia.
3.PRICE
3.1 Please note that all prices of the Products on the Site DO NOT INCLUDE courier charges/shipping fee. Courier charges/shipping fee which will quoted separately when an order is placed through the Site.
3.2 The prices of the Products are further subject to change without notice. We reserve the right at any time to modify or discontinue the supply of any of the Products without notification to you at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the supply of any of the Products.
4.PAYMENT
4.1 Payment for the Products shall be made through the payment options available in the Site. We will arrange to courier or ship the Products within 10 business days from full receipt of payment for the Products by us.
4.2 If credit card is used, you must ensure that your credit card is valid. If the credit card cannot be charged on the due date for payment for whatever reason, your order will be cancelled. HAPISHOP reserves the right not to accept certain credit cards and may, add or remove other payment methods at its discretion.
4.3 HAPISHOP reserves the right to use and change any payment gateway as and when it sees fit without prior notification to anyone. If our payment gateway is incompatible with the application interface that you are using to facilitate payment either from your bank account, or by way of credit card payment or any other payment method, or if you cannot make payment via our payment gateway for whatsoever reason, we reserve the right to cancel your order and we shall not be responsible for any consequences arising therefrom, including but not limited to any deduction of fees from your credit card or bank account.
5.REFUND / RETURN POLICY
5.1 All Products are sold on non-refundable and non-returnable basis. Users must ensure that each order when placed are correct and accurate. We will not entertain any request for change of size, colour and/or type of the Products or cancellation of an order after an order is placed.
- If the Products are already damaged, torn, deformed, or unusable through no fault, negligence, action or omission by you or your representatives or agents (“Damage”) upon your receipt of them, we may exchange the Products with goods of the same type, price and/or quality, for which shipping fees would be entirely borne by us. Such exchange is conditional uponthe following: –
- You shall notify us of such Damage within 3 business days from your receipt of the damaged Products, enclosing the ORIGINAL receipt, a clear photograph and videoclip of the damaged Products. The shipping fees for the return of the damaged Products will be borne by us and reflected as a discount in the price of the Products; and
- All claims regarding damaged Products made exceeding 3 business days from the date on which you receive the Products shall be deemed waived and HAPISHOP shall be released from its obligations hereunder.
- If the Products cannot be traced or tracked when they are being shipped, transported, transmitted, delivered or couriered to you, and you do not receive the Products fourteen (14) days after you ought to have received them under normal, ordinary, and reasonable circumstances, we shall re-deliver the Products to you with the shipping fees completely borne by us, subject to your written notification to us on your non-receipt of the Products within three (3) days after the aforementioned time.
- We will arrange to deliver the replacement Products to you within 5-7 business days upon our receipt of the damaged Products pursuant to Clause 2(a)above. In the event any refund of payment is to be made, the refund of payment (which excludes courier charges/shipping fee) and subject to bank charges will be made within 5-7 business days upon our receipt of the damaged Products pursuant to Clause 5.2(a) above.
6.WARRANTY POLICY
6.1 Users must use the Products with care and as adviced by the handling instructions (if any). We do not provide any warranty for any of the Products sold.
6.2 For the Products which comes with warranty, such warranty shall be strictly confined to manufacturers’ warranty (“Manufacturer’s Warranty”) and shall be subject to terms and conditions imposed by the manufacturers of the Products concerned (“Manufacturer”). Nothing in these Terms shall be construed as our endorsement of or addition to any Manufacturer’s Warranty, and we shall not under any circumstances be liable for any terms and conditions stipulated in any Manufacturer’s Warranty.
6.3 For the avoidance of doubt, we do not act as an agent to any Manufacturer in relation to Manufacturer’s Warranty, and we shall not respond to, cater to, or resolve any of your enquiries, complaints, requests or appeals pertaining to any Manufacturer’s Warranty. All such enquiries, complaints, requests or appeals shall be raised with the Manufacturer directly.
7.RESTRICTION ON USE OF MATERIALS
7.1 All rights, title and interest in the content featured or displayed on this Site, including, but not limited to, text, graphics, photographs, moving images, sound, illustrations, and software (“Contents”), are either owned or controlled by HAPISHOP or licensed to it.
7.2 All Contents and the general design and content, are protected by copyright, trademark and other laws relating to intellectual property rights.
7.3 No materials from this Site may be modified, used, displayed, reproduced, republished, and/or distributed in any way whether for commercial or non-commercial purpose, without the prior written permission of HAPISHOP.
7.4 You shall indemnify HAPISHOP against any claims, demands, actions, losses, expenses, costs, or damages incurred as a result of your breach of the Terms or your unauthorized use of the Contents and related rights.
8.DISCLAIMER
8.1 You agree that your use of the Site and the content shall be at your sole risk. To the fullest extent permitted by law, HAPISHOP, our officers, directors, employees, and agents disclaim all warranties and liabilities, express or implied, in connection with the Site and your use thereof. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any sites linked to this Site and assume no liability or responsibility for any:
(a) errors, mistakes, or inaccuracies of content;
(b) death, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;
(c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication, or any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(d) any interruption or cessation of transmission to or from the Site, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the internet or on any of the Site or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site;
(e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party; and/or
(f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content uploaded, posted, e-mailed, transmitted, or otherwise made available via the Site.
8.2 HAPISHOP does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked Site or featured in any banner or other advertising, and we are and will not be a party to or in any way be responsible for any transaction between you and third-party providers of products or services. As with the acquisition of information and purchase of a product or service through any medium or in any environment, you should use your best judgment, exercise caution where appropriate, and if need be, seek independent legal advice.
8.3 HAPISHOP does not warrant or make any representation regarding the correctness, reliability, or otherwise of any materials in this Site or the results of their use.
8.4 HAPISHOP does not warrant that the materials contained in this Site that it makes available is free of any virus or harmful elements.
8.5 All contents are provided without any warranty and on an “as is where is basis” and any use of the materials is at your own risk.
8.6 The electronic transmission of any document or information from you through or to us is entirely at your own risk.
9.LIMITATION OF LIABILITY
9.1 In no event shall HAPISHOP, our directors, officers, employees, or agents, be liable to you for any damages howsoever resulting from any:
(a) errors, mistakes, or inaccuracies of content;
(b) death, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;
(c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication, or any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(d) any interruption or cessation of transmission to or from the Site, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the internet or on any of the Site or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with this Site;
(e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through this Site by any third party;
(f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content uploaded, posted, e-mailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages; and/or
(g) any loss or damage to the user or the host or to any of their properties whatsoever for the services provided herein.
9.2 The foregoing limitation of liability shall apply to the fullest extent permitted by applicable laws.
9.3 To the maximum extent allowed by applicable law, under no circumstances, including but not limited to negligence, shall HAPISHOP be liable for any damages (including without limitation any special or consequential damages) that result from the use of, or the inability to use, any of the Contents and/or the Products. Any Site may include technical inaccuracies or typographical errors. To the extent any law does not allow the above disclaimer or renders the above disclaimer invalid, the maximum amount that HAPISHOP may be liable for shall not in any case exceed the actual amount paid by the relevant user/claimant to HAPISHOP or RM1, whichever is lower.
10. Indemnity
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:
(a) your use of and access to our Site;
(b) your violation of any term of these Terms; or
(c) your violation of any third party right, including without limitation any intellectual property, property, or privacy right.
This Clause will survive these Terms and your use of this Site.
11.PRIVACY POLICY
11.1 As an operator of this Site, we will be collecting and processing in other ways personally identifiable information about individuals (“Personal Data”) in connection with the services provided herein.
11.2 By visiting the Site, you are consenting to the collection, use, disclosure and processing of your Personal Data as described in this Privacy Policy by us. HAPISHOP may revise this Privacy Policy to reflect changes in the local law, our Personal Data collection and use practices, the features of our Site, or advances in technology. You should review this Privacy Policy periodically so that you are up to date on our most current policies and practices. If you do not agree with any changes or modifications to the Privacy Policy, please do not continue using the Site. You will be deemed to have consented to any modification of the Privacy Policy when you use the Site after the effective date of the modification.
11.3 Save for disclosures mentioned in this Privacy Policy or as required or permitted by law and the disclosure of your Personal Data and information required for completing your order and arranging for delivery of Products and the sharing of certain Personal Data with selected partners where relevant, we will not disclose your Personal Data to third parties without your consent. However, we reserve the right to disclose your Personal Data to our affiliated companies (in and outside your home country), including our affiliated companies’ employees and our trusted agents and representatives who have access to Personal Information with our permission and who need to know or have access to this Personal Information for lawful and legitimate purposes, including but not limited to the completion of your order and/or the delivery of Products ordered or services requested by you (including customer services) and internal (audit/compliance) investigations.
11.4 HAPISHOP may, in compliance with applicable law, disclose Personal Data to protect ourselves against liability, to respond to subpoenas, judicial processes, legitimate requests, warrants or equivalent by law enforcement officials or authorities, to investigate fraud or other wrongdoing or as otherwise required or necessary in order to comply with applicable law, protect our legitimate interests or to the purchasers in connection with any sale, assignment, or other transfer of all or a part of our business or company. We may also, in compliance with applicable law, disclose Personal Data to enforce or apply the terms and conditions applicable to our services or to protect the rights, property or safety of HAPISHOP, our users or others.
11.5 Notwithstanding any other provision in these Terms, by your use of the Site, you irrevocably give your full and unqualified consent for us to use, retain, share, circulate, and disclose your Personal Data for lawful reasons or as and when we see fit and reasonable.
12.General
12.1 These Terms and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning our Site.
12.2 The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.
12.3 These Terms operate to the fullest extent permissible by law. If any provision (or any part thereof) of these Terms is unlawful, void or unenforceable, that provision (or such part thereof) is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
12.4 No waiver of any of the Terms herein shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.