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Welcome!
You have entered the website owned and operated by
PopDaLollies.com.my, identified by the URL: popdalollies.com.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 by
PopDaLollies.com.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 PopDaLollies.com.my governing your use of
the Site. In addition, when you use any current or future
PopDaLollies.com.my service(s), you also will be subject
to the guidelines and conditions applicable to such
service or business.
USE
OF SITE ACCESS
PopDaLollies.com.my
grants you a limited nonexclusive 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 PopDaLollies.com.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 PopDaLollies.com.my. You may not frame or
utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text,
page layout, or form) of PopDaLollies.com.my and the Site
without PopDaLollies.com.my ’s prior express written
consent. You may not use meta tags or any other
"hidden text" utilizing PopDaLollies.com.my and
the Site’s name or trademarks without the prior written
consent of PopDaLollies.com.my . Any unauthorized use
automatically terminates the permission or license granted
by PopDaLollies.com.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
PopDaLollies.com.my logo, the Site logo or other
proprietary graphic or trade mark as part of the link
without PopDaLollies.com.my ’s prior express written
consent.
YOUR
PARTICULARS
When you register with PopDaLollies.com.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. PopDaLollies.com.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. PopDaLollies.com.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 PopDaLollies.com.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 PopDaLollies.com.my believes that you have breached
or acted inconsistently with or in disregard of the letter
or spirit of the Terms and Conditions. PopDaLollies.com.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 PopDaLollies.com.my
may immediately bar any further access to the Site. On the
happening of any of the afore-going, you agree that
PopDaLollies.com.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
PopDaLollies.com.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 defense of any claim. We reserve the right
(but have no obligation), at our own expense, to assume
the exclusive defense 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 PopDaLollies.com.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, PopDaLollies.com.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 PopDaLollies.com.my seeks such
an injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY PopDaLollies.com.my ON AN
"AS IS" AND "AS AVAILABLE" BASIS.
PopDaLollies.com.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.
PopDaLollies.com.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. PopDaLollies.com.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. PopDaLollies.com.my DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
PopDaLollies.com.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. PopDaLollies.com.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
PopDaLollies.com.my OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED
HEREIN.
UNDER
NO CIRCUMSTANCES SHALL PopDaLollies.com.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
PopDaLollies.com.my in Malaysia. The Terms and Conditions
shall be governed and interpreted in accordance with the
laws of Malaysia 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 Malaysia 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
PopDaLollies.com.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 PopDaLollies.com.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 www.popdalollies.com.my's
website.
WAIVER
OF CONDITIONS OF USE
The failure of PopDaLollies.com.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
PopDaLollies.com.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.
PopDaLollies.com.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,
PopDaLollies.com.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. PopDaLollies.com.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
PopDaLollies.com.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 PopDaLollies.com.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 PopDaLollies.com.my are hereby reserved.
“PopDaLollies.com.my" and related icons and logos
in various jurisdictions are protected under applicable
copyright, trademark and other proprietary rights laws.
The unauthorized 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 PopDaLollies.com.my and govern
your use of the Site, superseding any prior agreements
between you and PopDaLollies.com.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
PopDaLollies.com.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. |