Terms and Conditions
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 website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. 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. General Terms and Conditions of Use:
1.1. By using www.kanpeki.com.my("the Website"), Customer agrees to be bound by the following Terms and Conditions of Use ("Terms and Conditions") herein and all supplements, amendments and variations shall collectively constitute the agreement between YOU ("the Customer"), and the Website Provider ("the Agreement"), and shall apply to the purchase of products as posted on the Website.
1.3. Anyone who opens a user account with the Website in any manner permitted by the Website Provider on the Website becomes a Customer of the Website subject to the Terms and Conditions hereof. Customers agree to abide by these Terms and Conditions upon opening a user account, and if approved by the Website Provider.
1.4. Customer must register as a user of the Website. During the registration process, Customer will be required to provide an email and a password. The Website Provider reserves the right to refuse, to issue or to cancel any transaction by a user that it deems misleading, obscene, or otherwise inappropriate for any reason whatsoever.
1.5. Customer agrees to not disclose any information which permits access into the Customer’s user account to other third parties. Any third party who uses the Customer account information shall do so at their own risk, and acknowledges that no liability (civil and criminal) shall be imposed onto the Website Provider. In the event the Customer receives any material or data containing information where the Customer is not the intended recipient, the Customer agrees to delete such material or data and further agrees to notify the Website Provider immediately.
1.6. To the fullest extent permissible under the law, the Customer agrees to use the Website to purchase Kanpeki’s products offered on the Website, subject to these Terms and Conditions.
1.7. The Website Provider shall not be liable for damages caused by Customer’s unlawful activities and/or unacceptable conduct. Any user of the Website who engages in unlawful activities shall be held liable by the Website Provider for any losses and/or expenses caused by such activity, including reasonable collection fees, lawyers' fees, incidentals, court costs, and such costs and expenses arising from the Customer's unlawful activities and/or unacceptable conduct herein.
Examples of unacceptable conduct include, but are not limited to, hacking the software, stealing the account or nickname of another user, sending a Trojan, worm, time bomb, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above.
1.8. Payments shall be made through an e-payment method supported by a service provider. The Website Provider will notify the Customer on the Website of changes, if any, to this service provider.
1.9. Customer agrees not to damage,corrupt or interfere with the normal functions of the Website.
1.10. Customer agrees not to collect and/or retain any information about other users on and off the Website, including e-mail addresses, without the consent of such users, and/or the Website Provider.
1.12. Customer agrees not to use the Website to distribute spam, chain mail, pyramid schemes, viruses or any other information or technology deemed inappropriate by the Website Provider. The Website Provider reserves the right to take any measures deemed appropriate to stop the Customer from misusing the Website.
1.15. The Customer shall not submit or transmit any image or program that would violate the property rights of others, including unauthorized copyrighted images or programs and trademarks or Website marks used in an infringement act.
1.16. Customer shall not interfere with other users in any way on the Website.
1.17. Customer shall not collect by any means contact information from the Website for use related to commercial e-mail (SPAM).
1.18. Customer understands and accepts that Kanpeki has done its best to reproduce as accurately as possible the colours of the Merchant’s products shown on the Website. However, because the colours may vary depending on individual monitors and settings, customer understands and accepts that Kanpeki cannot guarantee the accuracy of the reproduction of any colour on Customer’s monitor.
2. Processing Customer Personal Data
2.1. Upon opening a user account, Customer is agreeable to the disclosure of the Customer's personal data and hereby grants the Website Provider consent to process the information communicated by Customer in accordance with the Terms and Conditions including but not limited to any event as required and permitted by law.
2.2. The Customer may withdraw the consent referred to in Clause 2.1 above and request discontinuation of the processing of Customer's personal data. Withdrawal of consent shall not have a retroactive effect.
2.3. In order to provide the Customer with the wide range of products offered under the Kanpeki on the Website, it is necessary for information about the Customer ("Data") to be made known or available to the Website Provider, its subsidiary, if any, and its authorized agents, suppliers, and service companies that provides support to Website including but not limited to securing and developing the quality and availability of the Kanpeki Services by the Website Provider, and debt collection, Court orders, and the facilitation of product purchase by the Customer on the Website.
2.4. The Website Provider shall use the Data collected from Customer to deliver to the Customer the advertisements and offers to the Customer's e-mail address, fax, telephone, voice mail, and other appropriate mode of communication to the Customer. The Website Provider, with the Data, shall also collate, develop, and personalize the Kanpeki Services to Customer.
2.5. Whilst the Website Provider will take reasonable care and use its' best efforts to ensure the Data transmitted and received is secure, and the Customer acknowledges the risks involved in using the Website, the Website Provider cannot guarantee the security of the Data and that it may not be accessed by unauthorized third parties. The Customer agrees not to hold the Website Provider responsible for any loss or damage suffered arising from the disclosures as specified herein.
2.6. To adhere to the Personal Data Protection Act 2010 and by agreeing with the Terms and Conditions, the user of the Website hereby consents to allow the Website provider the right to share user’s data and information gathered in the Website with but not limited to, its business partners, affiliate companies, subsidiaries and suppliers in accordance with the applicable laws in place from time to time.
2.7. If the Customer does not agree to revealing or divulging the Data and Customer's personal information as in Clause 2.1 within the Website Provider and its authorized agents, suppliers, vendors and service companies, the Customer shall notify the Website Provider in writing at firstname.lastname@example.org.
3. Intellectual Property
3.1. The Website, comprising all its content, materials, documents including but not limited to its trademarks/service marks, logos and other intellectual property rights of the Website Provider in the Website encompassing all information, details, graphics, data files, text, sound recordings and arrangements of the same are the wholly owned and copyrighted work of the Website Provider, and shall vest and belong to the Website Provider.
3.2. None of the materials posted herein shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of the Website Provider.
3.3. Customers who post their own proprietary information on the Website thereby grant consent and a license to the Website Provider to use that proprietary information on the Website at no cost to the Website Provider, its agents, or assigns. The Website Provider has the exclusive right to use anything posted by the Customer on the Website in any way it deems appropriate on the Website. This includes allowing or prohibiting the use of the posted information, including reproduction, distribution, translation and adaptation, inclusion in compilations or databases, or communication to the public.
3.4. In the event of a breach of the intellectual property rights hereunder these Terms and Conditions, the Website Provider may resort to any available legal remedies, which may include a demand for actual or statutory damages, attorney fees, and injunctive relief.
4. Requirements Needed to Participate In Online Sales & Promotions
4.1. CUSTOMER MUST BE EIGHTEEN (18) YEARS OLD AND ABOVE.
4.1.1. ACCORDINGLY, CUSTOMER WARRANTS AND REPRESENTS THAT CUSTOMER IS EIGHTEEN (18) YEARS OLD AND ABOVE TO USE THIS WEBSITE.
4.1.2. PARENTS AND GUARDIANS ASSUME ALL LIABILITY AND RESPONSIBILITY FOR THE USE OF THEIR ACCOUNTS BY OTHER PERSONS, INCLUDING BUT NOT LIMITED TO USE OF THEIR ACCOUNTS BY PERSONS UNDER EIGHTEEN (18) YEARS OF AGE.
4.1.3. ANY USER FOUND TO BE UNDER THE AGE OF EIGHTEEN (18), MAY HAVE HIS OR HER ACCOUNT SUSPENDED OR TERMINATED WITH OR WITHOUT NOTICE AND OTHER ACTIONS MAY BE TAKEN.
5. Price and Payment
5.1. Whilst Kanpeki makes it best effort to ensure all prices which appear on the Website are accurate, there may be instances where errors may occur and upon discovery of that error, Kanpeki will inform the Customer as soon as possible for further clarification and reconfirmation of the purchase of Kanpeki’s services.
5.2. The Customer may participate in the sales & promotions held on the Website by making payments through any means available on the Website (such as credit card payments, e-bank transfers, etc.).
5.3. All electronic payment services are available to the Customer on the Website for the Kanpeki Services provided the Customer has registered with the Website Provider.
5.4. Purchases via mobile site or mobile applications are permitted, and the Customer shall proceed directly to the Website, without registration again as a user on the Website.
5.5 The price of the Goods and/or Services shall be the price stated in Kanpeki’s website at the time which the Buyer makes its offer purchase to Kanpeki.
6. Kanpeki’s Rights and Responsibilities
6.1. The Website Provider may block, suspend, close or cancel any sale or promotion if the Website Provider's computer 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 sole remedy available to the Customer shall be the reimbursement of any fees paid when making purchase on the Website.
6.2. In addition to the Terms and Conditions herein, the Website Provider shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill expenses or loss of profit incurred or suffered by the Customer by reason of or in connection with the followings : -
6.2.1. Any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Website Provider;
6.2.2. Interference by computer virus, corrupted data, malfunctions;
6.2.3. Any failure or delay attributable to the Kanpeki Services by its service provider;
6.2.4. Failure or delay due to causes beyond the control of the Website Provider including causes such as 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;
6.2.5. Any inaccuracies, errors, defects of any content of this Website or other website linked to this Website;
6.2.6. Any operation malfunctions or defects of the Customer's computer terminal, systems or software used in accessing the Website;
6.2.7. Any access, use or inability to access or use this Website and/or any other website linked to this Website.
6.3. The Website Provider shall not be responsible for any losses if the Website is not made available due to any of the reasons stated in item 6.2.4.
6.4. Numerous uncontrollable factors may interfere with the operations of our website, and while the Website Provider will endeavour to maintain uninterrupted service, the Website Provider cannot guarantee, promise nor give warranty (expressed or implied) about the availability and continued access to Kanpeki services.
6.5. The Website Provider reserves the right to investigate and take legal action against any perpetrators suspected of unlawful action(s) or action(s) against its terms and conditions that may have brought the service down.
6.6. We periodically check our members list. If we find that Customer has registered more than one account per person, the Customer's account(s) will be removed and any of Kanpeki’s services that were purchased will be forfeited. Also, the Customer will be banned from our system.
6.7. The Website Provider reserves the right to withdraw any of Kanpeki’s services from the Website at any time and/or remove or edit any materials or content on this Website. The Website Provider will not be liable to the Customer or any other third party by reason of their withdrawing any of Kanpeki’s services from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website or for refusing to process or accept an order submitted by the Customer on the Website to purchase Kanpeki’s services.
7 Product Details Terms
7.1.1. Kanpeki services are offered for sale and displayed on the Website as Product Details. Each Product Details published on the Website contains specific terms.
7.1.2. For the avoidance of all doubts, the specific terms as listed in each Product Details shall be treated as additional terms and/or part and parcel of these terms and conditions and they all shall govern the Customer’s purchase of Kanpeki’s services on the Website.
8 RETURN AND REFUND POLICY
8.1. If you receive a damaged or defective product, please e-mail Kanpeki your order number and complaint describing the product condition within 7 working days of delivery at email@example.com or call Kanpeki customer service to obtain an authorisation for returns. Unauthorised returns may be refused or disregarded by Jacc4our.
8.2. If Kanpeki authorises a return of the product, Kanpeki will e-mail you a RMC (Return Merchandise Code) number and instructions for sending the returned product to the respective authorized merchant that have the right to receive the damaged or defective product on behalf of Kanpeki. Damaged/defective product must be returned securely packaged and wrapped. Jacc4our will not be responsible for the delivery cost of your returned product.
8.3. After receiving the product, the authorized merchant will examine and test the defective product in accordance to your complaint. If the defect you described is found valid, the authorize merchant will deliver you a replacement. However, if Kanpeki is not able to provide a replacement of the returned product for any reason, Kanpeki will refund you by instructing your credit card’s bank or issue a cheque to you as applicable. Cheque will be issued to you within 10 working days from the date of approval.
All transactions on the Website are to be conducted and payable in Ringgit Malaysia (RM), unless otherwise indicated.
10. Service Termination
10.1. Customer may terminate the use of the Kanpeki Services and close Customer user account. However, any contractual obligations incurred before the termination of the account shall remain in full force and effect until Customer completely discharges them by paying for any outstanding purchases and any applicable taxes or delivery charges.
10.2. The Website Provider reserves the right to terminate the Customer from using the Website and the Customer's account at any time without notice and without any obligation to give any reasons therefore or if, in its sole discretion, it determines that the Customer has engaged in any prohibited or unacceptable conduct and/or unlawful activity including but not limited to contravention of these Terms and Conditions hereof.
12.1. The Customer agrees to fully indemnify the Website Provider against any and/or all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements of any kind whatsoever which may be imposed on, incurred by the Website Provider in respect of the Customer's unlawful activities, communication, act and/or omission in any way relating to or arising out of the negligence of or misconduct of or breach of or any omission, delay or failure of the Customer's obligations under the Terms and Conditions as provided herein.
12.2. The Customer further agrees that the Website Provider shall not be liable to the Customer for and with respect to any third party claim and the Customer shall indemnify the Website Provider from any liability claim, loss, damage or expense of any kind relating to or arising out of third party rights thereof.
12.3. This indemnity by the Customer herein shall survive the termination of any of the Kanpeki Services to the Customer.
13.1. Without assuming the responsibility therefore, the Website Provider reserves the right to restrict conduct and/or take measures against conduct, which the Website Provider shall deem in its sole discretion to be harmful, unacceptable or offensive to other users for any reason or no reason whatsoever or otherwise detracts from the Kanpeki Service or adversely affects the Website Provider, its business or software in any manner whatsoever.
14.1. Notwithstanding the information, materials and contents given herein on this Website and/or on the Kanpeki Services and/or web links on the Website ("Postings"), the Customer agrees that the Postings herein is provided on an "as is" basis and are of a general nature and shall be subject to the Customer's obligation to take independent legal advice, or other advice as the Customer shall deem necessary.
14.2. The Website Provider, its employees, and its authorized agents disclaim any express or implied warranty or representation including but not limited to conditions of merchantability, warranties of title, non-infringement of intellectual property rights, usefulness, accuracy, quality or fitness for purpose of the Kanpeki Services or products transacted on the Website.
14.3. The Website Provider does not warrant or represent that access to the Website, the materials, contents, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect shall be corrected, or that there shall be no delay, failures, errors or loss of transmitted information, that no viruses, or other contaminating or destructive properties shall be transmitted or that no damage shall occur to the Customer's computer system.
15.1. No failure or delay by the Website Provider or Customer in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish the Website Provider or Customer’s rights under these Terms and Conditions or a Contract.
16.1. If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
17.1. Customer shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of Customer’s rights or obligations under these Terms and Conditions or a Contract.
18.1. Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between Customer and the Website Provider.
19. Third Party Rights
19.1. No person who is not a party to these Terms and Conditions or a Contract 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 these Terms and Conditions or that Contract its assent to any such term.
20. Law and Jurisdiction
20.1. The use of the Kanpeki Services on this Website and the Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malaysia and the parties hereby submit to the exclusive jurisdiction of the Courts of Malaysia notwithstanding that the Kanpeki Services on this Website may be accessed in another jurisdiction and not restricted to Malaysia.
20.2. The Customer hereby agrees that the Customer shall be solely responsible for the compliance with all laws applicable to the Customer in the Customer's jurisdiction in respect of the use of the Kanpeki Services.