Terms & Conditions
Introduction
Welcome to AKYU Malaysia. These terms and conditions (“Terms and Conditions”) apply to www.akyu.my (“the Site”) and AKYU (Malaysia) Sdn Bhd. Company Registration 367098-U, a company incorporated under the laws of Malaysia and having its principle place of business at No. 15, Jalan BP 4/1, Bandar Bukit Puchng, 47120 Puchong, Selangor Darul Ehsan (“AKYU Malaysia”). By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this Site. The Site reserves the right to change, modify, add or remove portions of these Terms and Conditions off use at any time. Changes will be effective when posted on the Site with no other notice provide. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
1. Interpretation
1.1 In these Terms and Conditions:
“Buyer” means the person who otherwise enters into a contract for the supply of Goods with AKYU Malaysia
“Contract” means the contract for the purchase and sale of Goods, howsoever formed or concluded;
“Writing” includes electronic mail, facsimile transmission and any comparable means of communication
1.2 The headings in these Terms and Conditions are for convenience only and shall not affect the interpretation of any parties.
2. Privacy Policy
2.1 Your privacy is important to us. We will only collect, record, hold, store and use your personal information in accordance with the Personal Data Protection Act 2010.
2.2 We will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you. We will not sell, share or trade customer’s personal information collected online with any third parties, except insofar as it is necessary for us to provide our services to you, for example, providing your address to a third party delivery service to deliver our products to you.
2.3 We reserve the right to modify and change the Privacy Policy at any time. Any changes to this Privacy Policy will be published on our website. You should check this Privacy Policy each time you access our website so as to be aware of the most recent applicable version of the Privacy Policy.
3. Use of The Site
3.1 Whenever information is request from you, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
4. User Submissions
4.1 Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
5. Intellectual Property
5.1 All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
6. Force Majeure
6.1 AKYU Malaysia shall not be liable to the Buyer or deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of its obligations that is due to any cause beyond AKYU’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the reasonable control of AKYU:
6.1.1 Act of God, explosion, flood, fire, accident;
6.1.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
6.1.3 Acts of restriction, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
6.1.4 Import or export regulations or embargo;
6.1.5 Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes; and
6.1.6 Power failure or breakdown in machinery.
6.2 If an event of force majeure has been ongoing or is expected to continue for a period of more than two (2) months, AKYU Malaysia may at its discretion either suspend deliver/performance while such force majeure event continues or terminate any Contract so affect with immediate effect by written notice to the Buyer without any claims against AKYU Malaysia whatsoever.
7. Applicable Law and Jurisdiction
7.1 These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia.
8. Arbitration
8.1 Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be decided by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”). The number of arbitrators shall be one (1) and the appointing authority shall be KLRCA. The place of arbitration shall be Kuala Lumpur and the language to be used in the arbitration proceedings is English. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts of Malaysia.
9. General
9.1 No failure or delay in AKYU Malaysia exercising any rights or remedies under the Contract shall be construed as waiver of such breach or waiver of any subsequent breach of the same provision unless such waiver has been reduced in writing.
9.2 If any provision of these Terms and Conditions is held by any competent authority as unlawful, invalid or unenforceable in whole or in part, such unlawful, invalid or unenforceable provisions shall not affect the validity any other provisions of these Terms and Conditions.
9.3 The use of the Site and the contract for the supply of Goods by AKYU Malaysia to the Buyer shall be subjected to these Terms and Conditions to the exclusion of any other terms and conditions contained or referred to in any other documentation submitted by the Buyer or implied by trade custom practice or implied by law, to the furthest extent such implied terms by law are permitted by law to be excluded.
