2. USE OF THE PLATFORM AND/OR SERVICES
2.2 We may, from time to time, and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove in the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.3 We reserve the right, but shall not be obliged to:
(b) prevent or restrict access of any unauthorised user to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3. TRADEMARKS AND COPYRIGHTS
3.1 All intellectual property rights, whether registered or unregistered, in the Platform, shall remain as our property or where applicable and our affiliates. The entire contents of the Platform are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
3.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment of any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
4. OUR LIMITATION OF RESPONSIBILITY AND LIABILITY
4.1 Without limiting the foregoing, VAKKUM does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
4.2 VAKKUM and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
4.3 Any risk of misunderstanding, error, damage, expense or loss resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
5.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
5.2 Notwithstanding the foregoing, VAKKUM reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
TERMS AND CONDITIONS OF SALE
1. BASIS OF THE CONTRACT
1.1 While the Seller endeavours to provide an accurate description of the Goods that such description is accurate, current or free from error. In the event that the Goods the Buyer receives are fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.
1.2 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by VAKKUM in its website shall be subject to correction without any liability on the part of VAKKUM.
2. ORDERS AND SPECIFICATIONS
2.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. VAKKUM shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which VAKKUM shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
2.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon VAKKUM issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, VAKKUM shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to the issue of the confirmation of dispatch. We shall furthermore be entitled to require the Buyer to furnish VAKKUM with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
2.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from VAKKUM and on terms that the Buyer shall indemnify VAKKUM in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by VAKKUM as a result of the modification or cancellation, as the case may be.
3. TERMS OF PAYMENT
3.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to VAKKUM, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledges that VAKKUM is entitled to collect payments from Buyer on behalf of Third Party Vendors.
3.2 The terms and conditions applicable to each type of payment, as prescribed by VAKKUM on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
- 3.2.1 Credit Card
Credit card payment option is available for all Buyers. VAKKUM accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers is protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
3.2.2 Debit Cards
VAKKUM accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry-leading encryption standards.