TERMS OF USE

LAST UPDATED: 25TH AUGUST 2020

Welcome to eostre.biz (the “Website”) which is wholly owned by Eostre Bhd. (the “Company”).  Please read these Terms of Use thoroughly before using this Website. Your continued use of this Website constitutes your acceptance to the following Terms of Use. The Company reserves the right to change, suspend or discontinue any aspect of these Terms of Use at any time without prior notice to you. If you do not agree to these Terms of Use, you shall discontinue using this Website if you do not agree to the Terms of Use

By accessing this website, you are deemed agree and acknowledge that you have read, understood, accepted and to bound by the terms herein. Meanwhile, you are willing and agree to bound by the terms herein at any time we deemed it fit as published from time to time and shall be effective upon the posting of an updated version at this Website.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, Website and its original contents, features and functionality are and will remain the exclusive property of the Company and its licensors. shall at all times own the contents of this website. All information and materials, including without limitation to , website’s design, text, graphics, software, photos, sounds, music, videos and interactive features and shall therefore be able to avail to the extent allowed by applicable law, copyright, trademark, patent, trade secret and other intellectual property laws and regulations for the protection of its rights. If you violate these rights, the Company reserves the right to bring a civil claim for the full amount of damages or losses suffered.

The Company and its licensors are the owners of the intellectual property rights (“Intellectual Property Rights”), including but not limited to the domain name, Site, trademarks, content, copyright, service marks, logos, symbols or other designs etc. Nothing in this Agreement shall be construed as granting you a license or any rights, implied or otherwise, to use, possess, distribute or modify any of the Company’s Intellectual Property.

The whole Website’s content is protected by copyright laws. The Company and its licensors own the copyright and/or other rights over the selection, coordination, arrangement, and repair of the Content and the original content. You must not modify, reproduce, copy, perform, display, publish, or exploit the Content, in whole or in part, in any form or by any means for any purposes, unless you have express written consent from the Company.

If you believe that your copyright, trademark or other intellectual property rights are being infringed by the other user, kindly send a written notification of such infringement to the Company.

The Company may resort to any available legal and/or equitable remedies, which may include a demand for actual or statutory damages, attorney fees, and injunctive relief in the event of a breach of the intellectual property rights of the Company.

RESTRICTIONS

By using the Website, you agree that: –

  1. You are legally entitled to accept and agree to the Terms and that you are at least 18 years old. Without limiting the generality of the foregoing, the Website is not available to persons under the age of 18 years old or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship;
  2. You have the right, authority and capacity to use the Website and to abide by the Terms;
  3. You will only access the Website using authorized means and use the Website for lawful purposes;
  4. You agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Website;
  5. You will only use the Website for the purpose for which it is intended to be used;
  6. You will not use the Website for sending or storing any unlawful material or for fraudulent purposes;
  7. You will not use the Website to cause nuisance, annoyance or inconvenience;
  8. You will not impair the proper operation of the network;
  9. You will not try to harm the Website in any way whatsoever; and
  10. You will not copy, or distribute the Website without our express written permission.

You must provide accurate, truthful, current and complete information during the registration process.

You agree to use Website in accordance with the Terms of Use herein contained for lawful, proper, authorized and acceptable purpose.

The Company may, without prior notice, remove or deny your access to Website if the Company finds that you are in violation of applicable laws or Terms of Use herein stated.

You further agree not to damage, corrupt and/or interfere with the normal functions of Website and shall not use Website to distribute spam, chain mail, pyramid schemes, viruses or any other information or technology deemed inappropriate to the Company. The Company reserves the right to take any measures deemed appropriate to stop you from misusing Website including but not limited to blocking the usage Website, closing of your account and/or referring the matter to the corresponding authorities to seek relief from a court of competent jurisdiction, or any other action as the Company deems appropriate.

The Company reserves the right, but have no obligation, to monitor and control the interactions between the users, activities, contents and materials on Website. You are solely responsible for your own conduct. However, the Company may in its sole and absolute discretion take any actions it deems appropriate.

You agree not to disclose any information which permits access into your account to any third party. The Company shall not be held liable and responsible for any liability, be it a civil or a criminal liability, for the use of your information by any third party.

You are responsible for keeping your account and password confidential, safe and secure. You are entirely responsible and accountable for all or any of the activities conducted under such account or password. In the event that there is an unauthorized use of your account or password or that your account has been compromised, you shall immediately inform the Company. The Company hereby shall not be liable and responsible, directly or indirectly, for any loss or damage by virtue of such unauthorized use or your account or password or your failure to comply with this provision.

If you receive any material or data containing information wherein you are not the intended recipient, you hereby agree and undertake to delete such material or data and to notify the Company immediately.

You agree and undertake not to collect, retain and/or extract any information about other users from Website, including but not limited to personal details of other users, without consent of the other users and the Company.

You agree, acknowledge, understand and accept that the Company is not an agent, employee, broker, or representative of yours. You further agree, acknowledge, understand and accepts that the Company does not owe to you any duties other that those herein contained and shall not be held responsible to any action, claim, liability and penalty arising from the visit, use and/or browse of Website, including but not limited to signing up an account and/or utilizing the Services on Website.

 

SERVICE PROVIDED IN THIS WEBSITE

You agree, acknowledge, understand and accept that the Company provides only an online platform that offers Services, amongst others, are sale of products in view of the foregoing, this Website may provide links or access to other mobile applications or sites. You agree that your access and use of such other mobile applications or sites shall solely remain at your own risk. The Company shall not be held liable and responsible for any content, availability and/or activity of such other mobile applications or sites that may be operated and any information, products or services on those mobile applications or sites which may be accessible through this Website. The Company shall not be liable for any direct, indirect, consequential losses, damages, claims, liabilities and/or costs of whatsoever kind arising out of your access and use of such mobile applications or sites or any transaction related thereto. If you access the foregoing other mobile application or sites from this Website, you acknowledge and understand that the Terms of Use do not apply to your use of such mobile applications or sites. You are deemed to have read and fully understand the applicable terms and conditions and privacy policy (if applicable) by accessing and using such other mobile applications or sites.

You agree and acknowledge that he Company a collection of products provided with the details which including but not limit to the photos/pictures, design, text, graphics, software, sounds, music, videos and interactive features, whichever applicable, only for your reference purposes only. The materials appearing on this Website could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on this Website are accurate, complete, or current. The Company may make changes to the materials contained on its web site at any time without notice. The Company does not, however, have any commitment to update the materials.

 

PRICING INFORMATION

The price of the Product shall be the price stated on the Website at the time which you place and completes the order form on the Website and we attempt to ensure that the pricing information on this Website to be accurate and current. Despite our effort, pricing or typographical errors may occur and provide you with inaccurate, incomplete, or out of date information. The Company is not confirm the price of a product until after you have placed an order. In

In the event that an item is mispriced or incorrect Product information, the Company may, at our sole discretion, may refuse, or cancel any orders placed and notify you of such decision. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. In addition, we may make changes to the pricing information and availability without notice. The Company strives to provide you with the lowest and reasonable prices.

TERMS OF PAYMENT

You shall be entitled to make payment for the Goods using various methods made available on this Website. When you place the order on this Website, actual payment shall be only charged to you. You hereby agree and understand that all payment shall be made to the Company and the Company is entitled to collect payments from you.

The terms herein are applicable to each type of payment, as prescribed by this Website, shall be applicable to the Contract. You acknowledge that your payment may link to another mobile applications or sites in order to proceed your transaction. Due to the nature of the Internet, transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. The Company is not liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages and transactions you send.

You hereby acknowledge that additional charges may be incurred if you are using a non-Malaysian issued card due to foreign exchange rates. It is possible that your bank or any relevant financial party, if any, may charge you an online handling fee or processing fee. The Company shall not responsible for this.

You  also aware that online payment transactions are subject to the validation checks by your bank or any relevant financial party, if any, and we are not responsible if any declination to authorise payment for any reason. The Company may carry out pre-authorisation check on your identity and the Product only be ship after the pre-authorisation check has been completed. Please take note, it is possible that your bank or any relevant financial party, if any, may charge you an online handling fee or processing fee. The Company shall not responsible for this.

In the event you pay via Credit Card issued by any bank or financial party, you may entitle to participate on instalment payment plan by your bank or financial party. The Company shall not liable to any charges, loss and/or damages between you and your financial party. You shall only entitled to purchase Product upon verification and approval by DCR.

You also aware that the service of transaction on this Website is including Cash on Delivery (the “COD”) which is bound by your own risk. COD is only available within the region of Klang Valley in Malaysia with a fee as may be prescribed on the website for each order. The Company reserves the right to schedule the delivery time and the Product will only handed over to you upon full payment in cash by you. You agree and acknowledge that the Company will block some amount from your credit card as deposit which require the authorisation from the card issuer. The Company is not liable for any charges and/or fee made by your bank or financial party.

You may not claim against us, for any failure, disruption or error in connection with your chosen payment method. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason. If you fails to make any payment pursuant to the terms herein or the payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to the Company, the Company may, at its sole discretion to take any actions which are deemed appropriate and permitted by law.

All payments for the purchased Product must be made to the Company using the payment methods made available on this Website only. The Company shall not held responsible for any losses which may arise from payments made directly or indirectly to third party vendor or through payment methods apart from the available payment methods on this Website.

 

PRODUCTS, CONTENTS, AND SPECIFICATIONS

Most of our products displayed at the Website are available only in this Website or any website of Company’s licensors while supplies last. All features, content, specifications, products and prices of products and services described on this website are subject to change at any time without notice. Certain weights, measurements, and similar descriptions are approximate and are provided for convenience purpose only. We try to provide you with the accurate information about our products including the applicable colours. The inclusion of any products or services in this Website at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you represent that the products ordered will be used only in a lawful manner.

 

COLORS

We will make our effort to display the colours of the products on the Website as accurate as possible. However, the actual colour of the Product may be differ depend on your computer system and monitor. The Company is not able to guarantee the  accuracy for the display colours of the Products.

 

CANCELLATION, RETURN AND REFUND

You agree, understand, and acknowledge that your application either for cancellation, return or refund in regards of your order for the product on this Website, the Company, at its sole discretion, may make any decision, which its deemed appropriate and permitted by the law.

You may cancel your order and received full refund without shipping cost only if before the item is delivered. Otherwise, you are required to pay full shipping fee of your Order and contact us for your cancellation. You agree and aware that in the event the Product returned with unboxed, existence of defects and/or damages, the Company reserves its right to claim 15% from the total payment of the Order as restock fee.

You agree, understand and acknowledge that you shall bear all the cost to return the Order to the Company. You are required to contact the Company within 14 days from the date you received your order. You also aware you are required to pay 15% from the total payment of your order if any damages including but not limit to dents, scratches, and other deformities occurred.

You further agree, understand and acknowledge that you may apply for return of the order if the product is damaged or incorrect prior to the expiry of 14 days from the date you received your order. The Company, at its sole discretion, may decide to reject your application, fully refund or exchange without giving any reason subject to the terms herein.

 

COPYRIGHTS TRADEMARKS

Unless otherwise noted, all contents, trademarks, trade addresses and/or other intellectual property owned, controlled bythe Company. Nothing contained on this Website grants or be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on this website without our permission.

 

RIGHTS AND DISCRETION OF THE COMPANY DUE TO SYSTEM BREAKDOWN

The Company may block, suspend, close or cancel any sale or promotion if the Website’s system is damaged or interfered with or if a system error occurs that has or may have an effect on the course of the sale or promotion, where a sale or promotion cannot be restored.

The Company shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill expenses incurred or suffered by you by reason of or in connection with the following: –

  1. any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Website;
  2. interference by computer virus, corrupted data, malfunctions;
  3. failure or delay due to causes beyond the control of the Company including but not limited to causes like strikes, industrial action, civil disturbances, flood, earthquake, landslides or acts of God or computer, electronic, communications or electrical systems failures of any nature whatsoever, breakdown, interruptions, non-supply, failure in the supply of electricity or power for any length of time;
  4. any operation malfunctions or defects of your computer terminal, systems or software used in accessing the Website; or
  5. any access, use or inability to access or use of the website, service and/or software and/or if any other linked to the Website.

The Company reserves the right to investigate and take legal action against you if you are suspected to have caused the service breakdown while using the Website.

 

LIABILITY

By using Website you are deemed to have agreed and accepted that the Company and its licensors will not be held liable under any circumstances, including negligence, for any direct, indirect or consequential loss arising from your use of the information and material contained in Website or from your access to the linked this Websites. The Company and its licensors also not be liable for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials.

You hereby undertake to fully indemnify the Company and its licensors for any damages, losses, expenses and cost that may arise as a direct or indirect consequence of a breach on your part of any provisions of these Terms of Use , in addition and without prejudice, to any other right that the Company and its licensors may have as contained herein.

The Company and its licensors assume no responsibility and liability for any losses and damages whatsoever or howsoever caused, either directly or indirectly, arising from: –

  1. errors, mistakes or inaccuracies of the content posted, uploaded or shared on the Website;
  2. an illegal access to or use of the Website by a third party;
  3. reliance by you on any data or information made available through the Website;
  4. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus, bugs or other malicious, destructive or corrupting code, agent program or macros; or
  5. any act of the Company and its licensors that is not intentional or negligent.

In the event that we fail or neglect to enforce any provision or remedy as provided in these Terms of Use, we shall not be construed as a having waived our rights to enforce the same.

 

SERVICE TERMINATION

You may terminate the use of the Website by closing or deleting your account. The Company and its licensors may terminate or suspend your access to the Website at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with this Website. The Company and its licensors may also suspend or terminate your account which has been dormant and/or inactive for more than twelve (12) months.

The Company and its licensors may temporarily or permanently terminate or suspend your access to your account, the Website at any time without notice and without any obligation to give any reasons therefore or if, in its sole discretion, it determines that you have engaged in any prohibited or unacceptable conduct and/or unlawful activity including but not limited to contravention of these Terms of Use hereof. You are agreed that all terminations and suspensions for cause shall be made at our sole discretion and we are not liable to you or any third party for any termination of your account or access our Website.

Upon termination of the account, your right to use the Services, access the website, and any Content will immediately cease. In such event, you will also not be entitled to any refund of any fees that you have paid prior to you ceasing to use the Service. However, any contractual obligations incurred before the termination of the account shall remain in full force and effect until you completely discharge yourself by paying for any outstanding purchases and any applicable taxes or delivery charges, if applicable.

 

RELATIONSHIP

Nothing in the Terms of Use shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and the Company and its licensors.

 

THIRD PARTY RIGHTS

No person who is not a party to the Terms of Use shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to the terms herein contained its assent to any such term.

 

EXCLUSIONS

The exclusions and limitations described herein shall apply only to the extent permitted by law, without prejudice to our rights to seek legal redress in accordance with the applicable laws.

 

APPLICABLE LAW AND JURISDICTION

The use of this Website and any of its pages herein, shall be governed by and construed in accordance with the laws of Malaysia and you hereby agree to shall submit to the exclusive jurisdiction of the Courts of Malaysia notwithstanding that this Website may be accessed by you in other jurisdiction other than in Malaysia.

You hereby agree that you shall comply strictly with all the laws applicable to you in your jurisdiction in respect of the use of Website.

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