TERMS AND CONDITIONS
I. Acceptance of the General Terms and Conditions
1. Thank you for visiting our website www.kasutkicks.com (“Website”). This Website is owned and operated by KASUTKIK GLOBAL, a company registered in Malaysia (“KASUTKICKS”, “we”, “us” or “our”). “You”, “Your”, “Customer” or “user” shall mean any person or entity accessing, browsing, using, subscribing with, registering with, logging-in, and / or placing an order on the Website. KASUTKICKS reserves at our absolute discretion the right to interpret this legal agreement of Terms and Conditions (as defined below) of the Website (“Agreement”), and with the use of our Website (by accessing, browsing, using, subscribing with, registering with, logging-in, and / or placing an order on the Website), you confirm that you have read, understood and agreed to these Terms and Conditions in their entirety and are bound by the Agreement with immediate effect. These are the terms and conditions on which we supply products to you, whether these are goods or digital content. Please read all the Terms and Conditions carefully before you start to use the Website. If you do not agree to all or part of the Terms and Conditions, please do not use our Website.
3. This Agreement shall not form any legal relationship nor be used to resolve any legal dispute between you and other customers in the course of any online transactions. You agree to comply with these Terms and Conditions by using our Website.
4. All legal notices on this Website which relate to your use of the Website together with all applicable Terms and Conditions govern your use of this Website. All these Terms and Conditions together with any transmission or communication relating to your purchase orders set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
5. For the avoidance of doubt, all of the Terms and Conditions shall apply to and govern your usage of KASUTKICKS.
II. Revision of the Terms and Conditions
KASUTKICKS reserves at our absolute discretion the right to amend and update the Terms and Conditions at any time. We shall post such updated or amended version at KASUTKICKS as notification. If you do not agree to, or cannot comply with the Agreement, you should not use the Website. Please note that your use of the Website will be deemed to mean that you have read through and agreed to accept whatever Terms and Conditions prevail at the time of such usage of the Website, as implying that you agree to comply with and to be bound by the Agreement without any reservations, modifications, additions or deletion. Unless otherwise specified, all the updated or amended parts shall form part of the Agreement.
III. Usage Guidelines
1. A customer must be an eligible person to access KASUTKICKS, to register or subscribe with us, to log-in at our agreed manner, to shop and purchase at KASUTKICKS. An eligible person must be at least 18 years old (or above) and hold a valid email address. If you are under the age of 18, then you must get your guardian’s permission for such access and usage. You should procure that your subscription, registration or access will not be subject to any sanction as enforced by any country, international organizations, trade bureau, statutory or regulatory restriction. You shall be solely liable if you are sanctioned due to any of the aforesaid restriction. In these circumstances, KASUTKICKS may un-subscribe, de-register, withhold, suspend, permanently cancel or terminate your account or subscription, and / or withdraw from rendering our services to you.
3. You agree:
(a) to provide us with accurate, complete and updated information for subscription, registration and / or delivery purpose, and update us from time to time in case of any change;
(b) if it is found that your information provided, or KASUTKICKS reasonably believes that your information provided, is not accurate, complete or updated, then KASUTKICKS may withhold, restrict, suspend, cancel or terminate your account or subscription, and / or prohibit from rendering our services to you, without any liability on our part.
4. You may use our Website only for lawful purposes. You may not use our Website, and shall not cause any act to and shall not permit or encourage any third party to:
(a) post materials or send emails (whether in the format of reviews, software, images, videos and photos, etc) containing contents which are or which would promote any acts which are illegal, profanity, blasphemy, deceitful, violent, spiteful, racist, sexually explicit, sexually gratuitous; or which are discriminatory comments; or which might be considered to be harassment, abuse or threats against the personal safety or property of others; or which invade another’s privacy; or which may have criminal accusations; or which infringes any copyright, database right or trademark of any other person; or which may express agitations or discriminations against any persons of any race, gender, religion, disability, sexual orientation, political belief and nationality; or which contain a statement which you know or believe, or have reasonable grounds for believing that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
(b) use this Website to have political or religious propaganda;
(c) post, transmit, or procure the sending of any unsolicited or unauthorized promotional material, spam, advertisement or junk emails;
(d) post any materials which impersonate others or personal information about anyone, that to misrepresent the public that such is posted or forwarded by us;
(e) post anything which is or may be harmful to minors in whatever manner;
(f) use this Website in a way that may infringe the rights of KASUTKICKS or anyone else or that may restrict or inhibit anyone else’s enjoyment of this Website, nor do any act that may result in any civil action caused by such infringement via your posting of any materials or sending of any emails;
(g) use this Website in any way which could result in any criminal prosecution, civil prosecution, or breach of local law or regulations or the laws or regulations of any country;
(h) send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
(i) knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(j) reproduce, duplicate, copy or re-sell any part of our Website;
(k) access without authority, interfere with, damage or disrupt:
(i) any part of our Website;
(ii) any equipment or network on which our Website is stored;
(iii) any software used in the provision of our Website; or
(iv) any equipment or network or software owned or used by any third party.
5. KASUTKICKS, in our absolute discretion, reserves the right not to publish your reviews, comments, submissions or remove any of them, and take such appropriate action that we deem it necessary or that we believe do not comply with the Terms and Conditions herein.
6. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Website.
7. Our Website may include information and materials uploaded by other users of the Website, including reviews, comments or submissions. The views expressed by other users of the Website do not present our views or values. If you wish to make a complaint about information or materials uploaded by other users, please contact us at email@example.com.
8. You warrant that any contribution to our Website (including but not limited to any review, comment or submission) you provide complies with our content standards and you will indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload on our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website a limited licence to use, store, copy and/or distribute that content and make it available to third parties. We also have a right to disclose your identity to any third party who is claiming that any content posted or uploaded by you on our Website constitutes a violation of their intellectual property rights or their right to privacy.
9. You are solely responsible for securing and backing up your content.
10. We do not guarantee our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
11. We may from time to time provide interactive services on our Website, including, without limitation the “live chat” function on our Website. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from your use of any interactive service in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their minors to use an interactive service that it is important that they communicate with their minors about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
IV. Services Scope
1. KASUTKICKS renders, inter alia, the following services:
(a) to post our latest products, brands latest information, other advertising and promotional activities;
(b) to render online purchase services to customers; and
(c) any other new services as updated by us from time to time.
2. We cannot accept purchase requests from countries/regions not listed on the delivery list.
V. Formation of Contract
1. Please note that completion of the online check-out process does not constitute our acceptance of your offer to purchase products or services from us. Before our acceptance of your offer to purchase, no formation of contract exists. Customers must follow the purchase instruction to submit the order and make the payment. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only after we are in receipt of your full payment, at which point a contract will come into existence between you and us. Though we shall use our best endeavours to process all the orders, there are still certain extraordinary situations that we may have to decline the orders. If we are unable to accept your order, we will inform you and we will not charge you for the product. This might be for any reason such as the product being out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline. KASUTKICKS has the sole discretion and right to decline your order for any reason at any time, without any liability on our part.
2. All products sold and services rendered by this Website are for your own personal use. Commercial or business re-sale is strictly prohibited. If we are suspicious of your purpose of using our products and services, we may decline your orders or refuse to sell our products and / or services to you, without any liability on our part.
VI. Risk of Delivery and Ownership
Risk of the products (including risk of loss and/or damage to the products) shall pass to customer when the products are delivered to the delivery address specified in the customer’s order. Ownership of the products shall only pass to customers when the purchase price of the products (including the delivery costs) are received in full by KASUTKICKS.
VII. Payment and Purchase Price
1. Customers must settle the purchase price of the products and the related delivery costs in the purchase checkout. KASUTKICKS is not liable for any delay in the delivery or non-delivery caused by your failure to pay us.
2. All purchase price shown herein is in MYR, inclusive of free delivery service. KASUTKICKS shall use its best endeavours that the price shown is accurate and updated. However, if the price shown is wrong or not the most updated one:
a) then if the correct price is lower than the shown price, then the lower price shall prevail (and the paid exceeding sum shall be refundable to you); or
(b) if the correct price is higher than the shown price, then the shown price shall prevail.
3. Notwithstanding the aforesaid, even after sending you of our ordering acceptance email, if there is a manifest error in the purchase price, or such error is so obvious that you should be able to easily distinguish, then KASUTKICKS shall have no obligation to sell the products at such wrong (or mistaken) purchase price.
4. To the maximum extent that the laws permits, KASUTKICKS reserves its right to amend or vary the purchase price (whether due to currency exchange rate changes, markdowns, or other commercial factors), any other charges, product descriptions, availability of the products and other Terms and Conditions at any time and from time to time provided that such amendment or variation shall not affect those orders that have been accepted by us via email confirmation.
VIII. Suspension and Termination of our Services
1. KASUTKICKS strives to ensure that the Website remains accessible at all times. However, we cannot guarantee that your access to the Website may not be blocked or prevented due to technical constraints and stability in the internet. KASUTKICKS shall try to give you prior notice of any suspension, termination or variation of all or part of our services rendered herein caused by (without limitation) any of the following circumstances:
(a) routine system upgrade, urgent maintenance or system breakdown;
(b) fire incident, suspension of electricity supply, or unavailability to provide the services;
(c) demand, notice or order by court, governmental or regulatory department; or
(d) other circumstance that we deem it necessary.
2. KASUTKICKS shall not be held responsible for any suspension or termination of services caused by any of the above circumstances.
3. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and Conditions and that they comply with them.
IX. Intellectual Property Rights
1. KASUTKICKS has the utmost respect for the intellectual property rights and our affords (whether by our team or our business partners) on the operation and brand management at this Website should also be respected. Each and every component at this Website (such as brands, logos, trademarks, pricing, images, texts, photos, videos etc) are protected by intellectual property rights. KASUTKICKS is the owner or licensee of all intellectual property rights in our Website (including all logos and trademarks), and in the material published on it from time to time. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The contents of this Website are intended solely for personal, non-commercial use and are displayed solely for the purposes of promoting and marketing our business, products and services hereof.
2. Without our authorization, you shall not:
(a) for whatever purpose (including but not limited to commercial nor personal purpose), use, reproduce, publish, distribute, modify, copy, display in any way, in whole or in part, contents of this Website in whatever channels or media;
(b) amend, modify, transmit, re-divert, sell or otherwise exploit any contents as shown at this Website which may infringe our intellectual property rights; or
(c) amend, modify, transmit, re-divert, sell, or otherwise exploit any product images, descriptions, texts, names, photos, videos, audio sequence, graphics, illustrations etc as shown at this Website which may infringe our intellectual property rights.
3. All data, ideas, concepts, submissions and other information collected or derived from the information made available to us through this Website shall deem to be and remain our property and we shall have free use of it without any confidentiality or other restriction.
4. If you amend, modify, transmit, re-divert, sell, use or otherwise exploit any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
X. Links to Other Websites
1. We may have placed links on this Website to other websites we think you may be interested. We do not vet these websites and do not have any control over their contents. Such linkage is for your better convenience in browsing the contents and should not be interpreted as approval by us of those linkage or information you may obtain from them. It is your own choice and responsibility in visiting the third party’s websites and we will not accept any liability in respect of the use of these websites.
2. No linking to this Website is allowed without our prior written permission.
XI. Disclaimer of Liability
1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation made by us.
2. The images of the products on our Website are for illustrative purposes only. Whilst KASUTKICKS tries to display the colors of our products accurately on the Website, the actual colors you see will depend on your monitor and KASUTKICKS is not able to guarantee that your monitor’s display of any color will accurately reflect the color of the product on delivery or upon collection. Your product may vary slightly from those images. The packaging of the product may also vary from that shown in images on our Website. The weights, dimensions and capacities shown on the Website are approximate only. We will not be liable for any loss or damages (without limitation, we will decline any refund request) caused by or arising from any customer’s expectation on the information obtained from or through this Website. It is your responsibility to evaluate the information and other content materials available through this Website, and the Website and its corresponding content materials are subject to change at any time without prior or subsequent notice. The revision will take effect when they are posted.
3. The delivery obligation of KASUTKICKS is deemed to be fully discharged when the ordered products are delivered to the designated address of customers. Customers shall be solely liable for any delay in delivery or non-delivery if the information provided is not accurate.
4. KASUTKICKS may determine if the customers have acted properly in compliance with the Terms and Conditions set out in this Website. If we have reasonable grounds to believe that customers may have violated any of these, we may withhold, restrict, suspend, cancel or terminate your account or subscription, and / or suspend or terminate our provision of services to you, without any liability on our part.
5. KASUTKICKS makes no representation or guarantee of any kind, express or implied, including but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose, or non-infringement or freedom from any actual, direct, indirect, punitive, incidental, exemplary or consequential loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusions whatsoever, and KASUTKICKS disclaims any liability relating thereto.
6. If, for whatever reason, customers are not able to accept our services rendered herein, KASUTKICKS shall not be held responsible to such customers or any third party.
7. Customers must follow our advice given to keep the products that we supply safe (including any instructions or product manuals provided with the products). KASUTKICKS will not accept any liability for damage to products which is caused by customer’s failure to follow our advice.
8. You agree not to use our Website for any commercial or business purposes. Under all circumstances, KASUTKICKS will not be liable for any losses related to any business of customers including but not limited to loss of data, loss of profits, loss of business, loss of revenues, loss of business opportunity and / or business interruption.
9. KASUTKICKS shall not be liable for any delay or failure to deliver the products, if such delay or failure is wholly or partly caused by circumstances beyond our control. In such circumstances, we will make reasonable effort to notify you.
To the extent permitted by law, KASUTKICKS reserves the final interpretation right to the Terms and Conditions.
XIII. Governing Laws
By accessing this Website and/or using the online services, you agree that such access and/or use, as well as the Terms and Conditions in this Website shall be governed by, and construed in accordance with, the laws of Malaysia.
In case of inconsistency between this English version and other non-English version (if any), this English version shall prevail.