Terms and Conditions
Welcome to the kakkak.com (“Website”). By accessing, browsing and shopping on our Website, you confirm that you have read and understand the terms and conditions (“Terms and Conditions”) herein and also our Privacy Notice. If you do not agree to our Terms and Conditions of use and our Privacy Notice, you shall not use this Website and/or proceed to register your personal data (“Personal Data”) with us. We reserve the right, to change, modify, add, or remove all or part of the Terms and Conditions at any time. Changes will be effective upon it’s posting on the Website with no other notice provided. Please check our Terms and Conditions and our Privacy Notice regularly for updates. Your continued use of our Website following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes. Any reference of “we,” “us,” and “our” shall refer to Teong Chuan Plastic (M) Sdn. Bhd (33232-W) (“TCP”) and its affiliated companies. By agreeing to the Terms and Conditions you represent that you are of the age of majority.
1. PRIVACY & SECURITY
We have a firm policy of protecting the confidentiality and security of information that we collect from our customers, users, clients, data subjects (collectively, “Users”). Please refer to our Privacy Notice for more information on how we collect, process, share and secure your Personal Data. If you navigate away from our Website to a third- party site which includes our third-party retailers (“Business Partners”) and service providers (especially for delivery and payment), you may be subject to alternative terms and conditions of use, as may be specified on their sites. In such event, the terms and conditions of use applicable to that site will govern your use of that site.
2.1 In order to perform the checking-out process (“Payment”) you are required to register or “sign-up” with us at the Website. Please refer to our Privacy Notice on the type of information that we usually collect that constitute your Personal Data. Should you choose to register or subscribe at the Website for our Products and services, you hereby consent and agreed to:
- the Terms and Conditions stated herein;
- our Privacy Notice;
- provide accurate and current information about yourself, and to promptly update such information if
there are any changes; and
- being a member of the Website for Promotions (defined below) offered by us and our Business
2.3 It is your duty to notify us of any unauthorized use of your password or account. This Website 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.
- MARKETING & PROMOTIONS
Upon registration you hereby agree to receive newsletters, promotional and/or marketing materials, emails and/or survey forms (“Promotions”) from us or our registered Business Partners. You can subsequently opt-out of receiving such Promotions by clicking on the link at the bottom of any promotional email or unsubscribe at any time by logging in to your account or by sending an email to Customer Service firstname.lastname@example.org to unsubscribe.
- DELIVERY TERMS
All products sold on our Website (“Products”) shall be delivered to you Free On Board (“FOB”) to any locations in Peninsular Malaysia only. Risk of loss and title shall pass when the Products are unloaded for delivery. All delivery charges, taxes and surcharges (if any) of our Products shall be payable by you.
- BILLING INFORMATION & PAYMENT TERMS5.1 In order to purchase the Products listed on our Website, you hereby agree to provide us with your complete and accurate billing and contact information, to include your legal name, street address, e-mail address, and name and telephone number of an authorized billing contact; and a valid authorization to charge a valid credit/debit card or bank account for all fees charges and taxes (if any). You agree to update all information within 3 days of any change and to keep the credit/debit card and/or bank information and authorization current and valid so as to assure payment is made when charged to the credit/debit card or bank account.
5.2 The price listed on our Website is for each Product only and does not include any delivery charges, taxes and/or surcharges payable to our third-party delivery partners. Kindly refer to the terms and conditions of our delivery partners before checking-out.
5.3 The payment gateway (“Gateway”) partner found on this Website is provided by a third-party service provider and by using the same you represent and warrant that you are authorised to accept our Terms and Conditions herein and also the terms of our Gateway provider. You are advised to read and understand the terms for service provided by our Gateway provider before proceeding to complete payment.
5.4 Please note that there are cases when an order cannot be processed for various reasons. We reserve the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
6. PRODUCT AND PRICE LIST
- 6.1 All individual Product specifications and price list are found in the Website, however, the content provided on this Website is solely for informational purposes. Some Product representations expressed on this Website are those of the manufacturer and are not made by us. We may direct you to the Product manufacturer’s website should you require more information of a particular Product. While we attempt to be as accurate as possible, we do not guarantee that the Product descriptions and contents are completely accurate, free of errors, complete or current.
- 6.2 We are determined to provide the most accurate pricing information to our users, however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card or bank account charged.
TCP has no liability arising out of any injury to individuals or property as a result of the ownership,
possession, or use of any product manufactured, sold, or delivered by us.
8. DISPUTE RESOLUTION
Any controversy, claim or dispute arising out of or relating to the Terms and Conditions herein shall be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
9. RETURN POLICY
9.1 We will replace or refund you for the following:
- Delivery of the wrong Product from the one purchased;
- Product purchased is damaged during the delivery;
- Manufacturing defect of the Product and/or
- Failure to receive the Product purchased.You are advised to provide us with the necessary documents for the above. Kindly click Return & Refund Request Form for a step-by-step guide and submission for your Product replacement or refund. Your refund/replacement submission/request must be done within 3 days upon your receipt of the Product or expected date of receipt.
10. INTELLECTUAL PROPERTY
TCP owns or possess adequate rights or licenses to use all trademarks, trade names, service marks, service mark registrations, service names, patents, patent rights, copyrights, original works, inventions, licenses, approvals, governmental authorizations, trade secrets and other intellectual property rights and all applications and registrations thereof (“Intellectual Property Rights”) for the Website. The entire contents of the Website also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that we shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with any or our terms, conditions, rules, policies, guidelines, or practices in operating the Website, your sole and exclusive remedy is to discontinue using it.
12. CONTACT INFORMATION
Contact Customer Service via email: email@example.com