GENERAL TERMS AND CONDITIONS FOR THIS WEBSITE.
- INCORPORATION OF TERMS AND CONDITIONS
- These terms and conditions (Terms and Conditions) set out by BVMALLS (MALAYSIA) SDN BHD (Company Number 1031543-U) (Company) below, shall apply to your use of http://www.bvmalls.com (Website). As such, by continuing to use the Website, you agree to be bound by these Terms and Condition. If you do not accept these Terms and Conditions, please DO NOT continue to use the Website.
- When signing up as a VIP Shopper to enjoy the services (Services) made available by the Company under its VIP Shopper's Scheme (as defined in the Company's VIP Shopper's Terms and Conditions) e.g. purchasing products from the Website, entering into competition or prize draws or receiving information from the Company as to the latest offers, such Services shall be provided subject to the Company's VIP Shopper's Terms and Conditions and Privacy Policy
The VIP Shopper's Terms and Conditions and Privacy Policy may be found at Check Privacy Policy or alternatively at our business premises. - If you would like to register as a VIP Shopper of the Company in order to buy products on the Website as a VIP Shopper (VIP Shopper), please click here to go to the Company's registration form and VIP Shopper's Terms and Conditions.
- INTELLECTUAL PROPERTY
- The contents of the Website are protected by copyright, database right, trademark and other intellectual property rights (IPR). You acknowledge that all IPR in the Website is owned by or is lawfully licensed to the Company.
- The copying or incorporation into any other work of any material available on the Website in any form is strictly prohibited save that you may:
- print or download extracts of the material on the Website for your personal use;
- copy the material on the Website for the purpose of sending to individual third parties for their personal information, provided that you acknowledge the Company as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them; or
- print, download or copy extracts and/or materials on the Website for the purposes expressly stated in the Licensee's Terms and Conditions and/or the VIP Shopper's Terms and Conditions
- If you breach any of the provisions in these Terms and Conditions, your authorisation to access or use the Website automatically terminates, and any information downloaded or printed from the Website shall be deemed to be in violation of these Terms and Conditions and must be immediately destroyed.
- AMENDMENTS
- As the information including the Services or quoted prices of products on the Website may be incomplete, out of date or inaccurate, contain technical inaccuracies or typographical errors, the Company reserves the right to update the Website at its sole discretion. Thus, such information may be changed or updated without notice.
- Subject to the VIP Shopper's Terms and Conditions, Clause 5 and Clause 6 below, the Company may also make improvements and/or changes to the Services and/or the contents of the Website at any time without notice. Therefore, you should always ensure that you verify that you have the latest information before taking any action in reliance upon it.
- LINKS
- The Company makes no representation whatsoever about any other website which you may access through the Website. When you access a website which does not belong to the Company please understand that it is independent from the Company, and that the Company has no control over the contents of that website.
- In addition, a link to a non-Company website does not mean that the Company endorses or accepts any responsibility for the content, or the use, of such website or the products and/or services offered on such website. It is up to you to take precautions to ensure that whatever you select for your use meets your needs and/or requirements and that your computer has adequate virus protection programs to ensure that it is safe from viruses, worms, trojans and other items of a destructive nature.
- ADVERTISEMENTS AND INFORMATION ON WEBSITE
- While the Company endeavours to ensure that the Website is available 24 hours a day, subject to Clause 6, the Company will not be liable if for any reason, the security of the Website is compromised and/or is unavailable at any time or for any period.
- The Company does not review the advertisements placed by Licensees. As such, the Company has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings or can the Company ensure that a VIP Shopper will actually complete a transaction. As such, you should take such precautions as is necessary in order to protect your interest as subject to Clause 6, the Company is not liable for any damages and/or losses which you may suffer.
- Please note that any transactions/contracts VIP Shoppers make with a Licensee are strictly between that VIP Shopper and that Licensee. As such, if a VIP Shopper has a dispute with a Licensee, the VIP Shopper agrees that he/she they will have no recourse and/or claims against the Company and that the VIP Shopper releases the Company and (as the case may be) the Company's parent, subsidiaries, affiliates, officers, directors, employees and agents harmless from any claim or demand, including legal fees of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If the VIP Shopper has any grievances, the VIP Shopper should take those directly with the Licensee in question.
- Subject to Clause 6, the Company makes no warranty that the Website will meet your requirements, be uninterrupted, timely, and secure or error free. Subject to the foregoing, the Website and All information on the Website is provided 'as is' without warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose. All such warranties are excluded to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
- LIMITATION OF LIABILITY
- If you are a consumer for the purpose of the consumer protection act 1999 (act 599), save and except for any loss or damage arising from the company's sole breach or negligence, in no event will the company be liable to you for any direct, indirect, special or other consequential damages and/or loss for any use, errors, security and/or unavailability of the website or on any other hyper-linked website including, without limitation, any loss of profits, loss of a bargain, loss of opportunity, business interruption, loss of programs or other data on your computer or equipment e.g. mobile phone or otherwise, even if the company is expressly advised of the possibility of such damages.
- If you are not a consumer for the purpose of the consumer protection act 1999 (act 599), in no event will the company be liable to you for any direct, indirect, special or other consequential damages and/or loss for any use, errors, security and/or unavailability of the website or on any other hyper-linked website including, without limitation, any loss of profits, loss of a bargain, loss of opportunity, business interruption, loss of programs or other data on your computer or equipment e.g. mobile phone or otherwise, even if the company is expressly advised of the possibility of such damages.
- SUBJECT ONLY TO CLAUSES 6.1 AND 6.2
- The company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these terms and conditions and/or privacy policy shall be limited to:
- RM250.00 in respect of any matter for which the company does not carry insurance; or
- The insured value for such matter for which, the company carries insurance.
- You agree to indemnify and hold the company and (as the case may be) the company's parent, subsidiaries, affiliates, officers, directors, employees and agents harmless from any claim or demand, including legal fees, arising out of or in connection with your breach of these terms and conditions, VIP shopper's terms and conditions and conditions and/or privacy policy (as the case may be) and/or your violation of any law or the rights of a third party.
- GLOBAL NATURE OF THE WEBSITE.
- You recognise the global nature of the Website and thus, agree to comply with all applicable local laws in your jurisdiction when using the Website. In particular, you agree to comply with all relevant laws regarding transmission of personal and technical data in your jurisdiction and in Malaysia.
- Information the Company publishes on the Website may contain references or cross-references to the Company's Services that are not announced or available in your country. Such references do not imply that the Company intends to announce such Services in your country. You are advised to consult the Company for information regarding the Services which may be available to you.
- The Company does not warrant that the materials on the Website are suitable for use outside of Malaysia. As such, accessing such materials where the material on the Website is unlawful or illegal is strictly prohibited. In the event you choose to access the Website from locations outside Malaysia, you are solely responsible for your actions.
- GOVERNING LAW
- You agree that these Terms and Conditions shall be exclusively governed in accordance with the laws of and the courts in Malaysia.