The Site is an online shopping website owned by KITBAY.CO Trading ( 002874651-A ). Your use of this Site, including the purchase of products, constitutes your acceptance of the following terms and conditions (“Site User Terms”). Please read these terms and conditions before you purchase any products from the Site or through other KITBAY.CO platform. If you visit us at the Site you are deemed to have accepted these terms and conditions. By using the Site, you agree to be bound by these terms and conditions.
▶ Acceptance of Terms
You must be eighteen (18) years of age and above in order to use and access the features and services of this Site. By using this Site you represent and warrant that you are a legal adult, and that you are fully able and legally competent to enter into the terms, conditions, obligations and affirmations, and to abide by and comply with these terms and conditions. You agree to comply with all applicable laws, statutes and regulations regarding your use of this Site and our products and services offered or provided on this Site.
▶ Site Access
We are giving you access for personal use of the website/mobile site/application/streaming (“Internet Platforms”) and not to download or modify any portion of it unless consent is obtained from us. You may not collect and use any product listings, descriptions, prices or images, use the Internet Platforms or their contents, or any use of data mining, data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Internet Platforms for any commercial purpose or otherwise other purpose without express consent from us. You may not use, copy, modify, display or distribute our name or trademarks without the express written consent from us. You may not use any of our proprietary graphic, trademark or logo without our express written consent. You are not allowed to create a hyperlink that portray us, our affiliates, our products or services in an offensive, derogatory, misleading or false matter. You may not frame or use framing techniques to enclose our trademark, logo, proprietary information (images, text, content format or layout) for whatever purpose without our express written consent. We will terminate your access to the Internet Platforms if we believe there is an unauthorised use.
▶ Advertising Material
Any advertisements displayed on this Site must comply with KITBAY.CO terms and conditions.
▶ Proprietary Rights
We are the operator of this Site, and the contents of this Site are our property or are used under licence from our suppliers. We are the owners of the compilation of information in this Site.
All logos, icons, graphics, trade names, service marks, trademarks, images, text, websites, domain names, and other intellectual properties in relation to KITBAY.CO are intellectual properties owned by us. We also reserve all intellectual property rights in all content including design, layout, images and text of this Site. The look and feel of our color combinations, button shapes and other graphical elements and any trademarks as well as any copyrighted materials on this Site are the intellectual property of KITBAY.CO
Your licence to access this Site does not extend to any commercial use of this Site, or to any use of this Site whatsoever which is for the benefit of any entity other than us.
You are not permitted to download any part of this Site (other than by automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit this Site (or any part of it) for any purpose other than as set out herein, nor are you permitted to frame this Site or to link to any element of it other than the homepage.
We do not warrant or represent that your access to or use of this Site or the services provided in this Site or any linked site will be uninterrupted or free of errors or omissions, that defected will be corrected, or that such services or such linked sites are free of computer viruses or other harmful components.
Under no circumstances shall we, our affiliates, our subsidiaries, our representatives or our suppliers be liable to you or to any third party for any direct, indirect, consequential, incidental, special or punitive damages, whether in contract or in tort, arising in any way out of access to or use of or inability to access or use any of the services or any linked or its contents, including without limitation lost profits, business interruption, or loss of programmes or other data on computer systems or otherwise, even if we are advised of the possibility of such damages.
We shall not be liable for any non-performance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, war, strikes, fire, flood or any other act of God, any law, regulation or order of any court, government or government agencies, or delays, unavailability, errors, or other failures of the internet or other data networks.
You agree to defend, indemnify and hold us, our affiliates, our subsidiaries, our representatives or our suppliers harmless, against all claims, losses, damages, liabilities and costs (including without limitation legal fees), arising out of or relating to your breach of these terms and conditions (“Site User Terms”) or your access to or use of the services provided in this Site. The foregoing indemnification obligation shall survive termination of this Site User Terms and the operation of the services or any product provided to you, arising out of or relating to your use of the services.
If any provision or portion of Site User Terms, shall be invalid or unenforceable under applicable laws in Malaysia, such provisions would be deemed severed from the rest of the Site User Terms and the remainder of the Site User Terms shall not be affected and each term and provision of the Site User Terms shall be valid and enforceable to the fullest extent permissible by law.
▶ International Use
we make no representation that the content provided on this Site is appropriate or available for use in locations outside Malaysia, and accessing it from territories where the content is considered illegal is strictly prohibited. If you choose to access this Site, the content or the Resources from a location outside Malaysia, you do so, on your own initiative and you are solely responsible for compliance with the local laws in such location.
▶ Choice of law and location for resolving disputes
As this Site is operated by us from within Malaysia, this Site User Terms shall be governed by and enforced in accordance with the laws of Malaysia and you agree and submit to the jurisdiction of such courts for the purpose of litigating any such claim or action.
– waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own;
– irrevocably consenting to the exclusive jurisdiction of, and venue in Malaysia over any disputes or claims you have with us; and
– submitting yourself to the personal jurisdiction of courts located in Malaysia for the purpose of resolving any such disputes or claims.
Your right to use this Site automatically terminates if you violate this Site User Terms or any rules or guidelines posted in connection with this Site. We also reserve the right, in our sole discretion, to terminate your access to all or part of this Site, for any reason for or without notice.
▶ Contact Us
If you have any questions, comments, or complaints about this Site, Address KITBAY.CO Trading ( 002874651-A ) 2-45 2 Floor Pusat Hentian Kajang, Off Jalan Reko, 43000 Selangor Malaysia.