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Welcome to the Sarawak Craft website ("Website"), a site owned by Sarawak Craft
Cosmaceutical Sdn Bhd and operated by epayAsia Sdn Bhd.
The following terms and conditions ("Terms and Conditions") apply to your access
and use of this Website and the services provided herein by Sarawak Craft and/or
on its behalf. Please read these Terms and Conditions carefully.
If you do not accept these Terms and Conditions, please discontinue your access
to this Website and/or use of the services immediately.
1.0 GENERAL
This Website enables you to make online purchases or subscription of displayed goods
and services (hereinafter referred to as "Products") via Sarawak Craft's payment
service available under epayAsia Sdn Bhd’s online payment service, i.e. TeleMoney.
You understand that Sarawak Craft merely provides you with a forum in which selected
merchants recruited by Sarawak Craft (hereinafter referred to as "Merchants") may
make their Products available and buyers may purchase those Products from the Merchants
online via the use of epayAsia's payment service available under TeleMoney. In addition,
Sarawak Craft also, through its partner epayAsia Sdn Bhd, provide customer relationship
management services to handle any queries or complaints made by you in relation
to the Website, the Merchant's Products and the service provided herein. HOWEVER,
your actual purchase and subscription of the Products will be subject to the Merchant's
standard terms and conditions of sale and any other specific terms and conditions
of sale as may be applicable to a particular Product. All agreements pertaining
to the sale and purchase of Products via this Website therefore shall be between
you and the respective Merchant.
These Terms and Conditions are meant to regulate your access to this Website and
your use of the services herein and they are to be read together with the terms
and conditions applicable to TeleMoney, which will govern your payment transaction(s)
as well as the applicable Merchant terms and conditions governing the Products.
In the event of conflict between these Terms and Conditions and the terms and conditions
governing the relevant transaction(s) and Product(s) made available herein, the
latter would prevail to the extent of such inconsistencies.
The information, material, functions and content provided in the pages of the Website
may be changed from time to time with or without notice at Sarawak Craft's absolute
discretion. Your continued access or use of the Website and/or the services provided
herein subsequent to any such change will be deemed as your acceptance to those
changes.
2.0 DISCLAIMER OF WARRANTIES AND LIABILITY
The materials and information in this Website, including but not limited to the
Product description, information, data, text, graphics, audio, video, links or other
items (hereinafter collectively referred to as "materials and information"), are
provided on an "as is" and "as available" basis. References to materials and information
contained in the Website include such material and information provided by third
parties.
Although Sarawak Craft shall use its reasonable efforts to ensure the accuracy and
validity of the materials and information made available on the Website, Sarawak
Craft does not make any express or implied warranties, representations or endorsements
including but not limited to any warranties of completeness, accuracy usefulness,
reliability, fitness for a particular purpose in respect of the Website, the material
and information and/or functions therein and expressly disclaims liability for errors
and omissions in such materials and information and/or functions.
Further Sarawak Craft does not warrant or represent that access to the whole or
part(s) of this Website, the materials and information and/or functions contained
therein will be provided uninterrupted or free from errors or that any identified
defect will be corrected, or that there will be no delays, failures, errors or loss
of transmitted information, or that no viruses or other contaminating or destructive
properties will be transmitted or that no damage will occur to your computer system.
Sarawak Craft also provides no warranties or representations with regards to the
Products made available by the Merchants on the Website including but not limited
to the merchantability, fitness for particular purpose, satisfactory quality of
the Products. Unless otherwise expressly stipulated, all Products made available
by the Merchants on the Website shall be the responsibility of the respective Merchants.
3.0 YOUR CONDUCT
Your access and use of this Website shall at all times be in accordance with all
rules, regulations, laws and legislation governing the same and any guidelines and
policies of Sarawak Craft pertaining thereto. You shall not conduct yourself in
a way which:
(a) disrupts the access and use of this Website and the products and services provided
hereunder by others;
(b) disrupts the provision of this Website and the products and services by Sarawak
Craft and its partners;
(c) adversely affects the rights of epayAsia Mall, its partners or any other persons;
(d) gives rise to civil liability or constitutes a criminal offence;
(e) is objectional to public morals and decency;
or otherwise misuse in any way, this Website, its contents and the services provided
hereunder. Neither shall you assist or enable others to perform or carry out the
acts as above mentioned.
4.0 ITEMS PUT UP FOR SALE
All Products up for sale is merely an invitation to treat and is not an offer capable
of acceptance. All offers by you to purchase any Products on this Website are subject
to acceptance by the Merchants recruited by Sarawak Craft. We reiterate that the
contract for the purchase of the Product shall be between you and the relevant Merchant
and shall be subject to the standard Merchant terms and conditions of sale as may
be stipulated on the Website and/or any other terms and conditions as may be applicable
to a particular Merchant's Product.
5.0 YOUR CYBER MALL REGISTRATION
In the event that you wish to proceed with the purchase or subscription of any of
the Products made available via the Website, you would need to go through a simple
registration process where you will be required to select a login name and password
for the creation of an account with the Cyber Mall.
You shall provide and maintain true, accurate, current and complete information
about yourself when registering for your account.
You shall be solely responsible for maintaining the confidentiality of your login
name and password, and you agree to accept responsibility for all activities that
occur under your account or password whether or not authorised by you and you shall
immediately notify Sarawak Craft and/or epayAsia Sdn Bhd if it comes to your knowledge
that your login or password has been compromised or there has been unauthorised
use of your account.
Sarawak Craft shall not be liable for any damage or loss of any kind suffered by
you as a result of unauthorised use of your login name and password.
Sarawak Craft reserves the right to refuse service, terminate and/or suspend accounts,
remove or edit content, or cancel orders in its sole discretion. In particular,
and without limitation, Sarawak Craft may terminate and/or suspend your account
should you violate any of these Terms and Conditions, or violate the rights of Sarawak
Craft, of any other user(s) or of any third party (ies).
6.0 DELIVERY, TITLE AND RISK OF LOSS
The delivery of all Products purchased via the Website shall be the responsibility
of the Sarawak Craft. With the exception of subscription based products, the delivery
of Products purchased via the Website shall be made by the Sarawak Craft or any
other third party designated by the Sarawak Craft pursuant to the delivery time
schedule as may be stipulated in the Website as applicable to the Product(s)..
You understand that the timely delivery of the Products shall be the responsibility
of the Sarawak Craft and Sarawak Craft shall provide the resources for the initiation
and handling of all queries, comments and complaints to be made, neither Sarawak
Craft nor epayAsia Sdn Bhd shall be responsible for any delay or failure to deliver
the Products in accordance with the specific delivery time schedule as may be applicable
to the Products.
7.0 RETURN AND REFUND POLICY
Unless otherwise expressly stipulated, Sarawak Craft shall handle all requests for the
return of Products via its customer service e-mail at
senikrafjavin@yahoo.com. All queries, comments and complaints in relation
to the Website and the Products made available hereunder may also be made via this
e-mail.
Requests for return of Products can only be made within fourteen (14) days from
the date of delivery of the Products based on the Merchant's records, and only where
the Products delivered are damaged or defective upon delivery or do not correspond
with the order made by you as verified by Sarawak Craft.
Returns however will not be made or will be made subject to additional charges,
where the Product(s)' failure to correspond with the order made by you is due to
your failure to provide accurate or complete instructions with regards to your purchase
order.
All return requests will be subject to verification and approval by Sarawak Craft.
For the avoidance of doubt, no cancellation of order or exchange of Product for
another item of similar or different value shall be allowed.
All Products approved by Sarawak Craft to be returned to the respective Merchant
must be securely packaged and wrapped. The delivery cost for the return of the Products
shall be borne by you.
All Products returned shall be exchanged with a Product of the same description
in the Purchase Order.
A refund in relation to a returned Product will only be made where the Merchant
has no more stock of the returned Product.
For a more detailed explanation of our return and refund policy, please check the
Website.
8.0 COPYRIGHT
All content included on this Website, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, are owned
and/or licensed by Sarawak Craft, epayAsia Sdn Bhd and/or its content supplier and
are protected by copyright, trademarks and other laws. The compilation of all content
on this Website is the exclusive property of Sarawak Craft and is protected by copyright
laws.
9.0 TRADEMARKS
All trademarks, service marks and logos displayed on this Website are owned and/or
licensed to Sarawak Craft, epayAsia Sdn Bhd and/or their respective third party
proprietors as identified on the Website.
Unless the prior written consent of Sarawak Craft, epayAsia Sdn Bhd and/or the relevant
third party proprietor(s) of any of the trademarks, service marks or logos appearing
on the Website has been obtained, no license or right is granted to any party accessing
this Website to use, download, reproduce, copy or modify such trademarks, service
marks or logos. Similarly, unless the prior written consent of Sarawak Craft, epayAsia
Sdn Bhd and/or the relevant proprietor(s) has been obtained, no such trademarks,
service marks or logos may be used as a link or to mark any link to the Website
or any other site owned and/or controlled by Sarawak Craft.
10.0 LICENSE AND WEBSITE ACCESS
Sarawak Craft grants you a limited license to access and make personal use of this
Website and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of Sarawak Craft. This license does not
include any resale or commercial use of this Website or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative use of
this Website or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. This Website or any portion of this Website
may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of Sarawak Craft. You
may not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of Sarawak
Craft and/or its relevant third party proprietor without express written consent.
You may not use any metatags or any other "hidden text" utilizing epayAsia's name
or trademarks without the express written consent of epayAsia. Any unauthorised
use terminates the permission or license granted by Sarawak Craft.
11.0 EXCLUSION OF LIABILITY
Neither Sarawak Craft nor epayAsia Sdn Bhd shall in any event be liable for any
loss or damage howsoever arising whether in contract, tort, negligence, strict liability
or any other basis, including without limitation, direct or indirect, special, incidental,
consequential or punitive damages, or loss profits or savings arising in connection
with your access or use or the inability to access or use this Website (or any third
party link to or from the Website), reliance on the information contained on the
Website, any technical, hardware or software failure of any kind, the interruption,
error, omission, delay in operation, computer viruses, or otherwise.
This exclusion clause shall take effect to the fullest extent permitted by law.
12.0 INDEMNITY
You hereby irrevocably agree to indemnify and keep indemnified Sarawak Craft and/or
epayAsia Sdn Bhd from all liabilities, claims, losses and expenses, including any
legal fees that may be incurred by Sarawak Craft and/or epayAsia Sdn Bhd in connection
with or arising from (1) your misuse of this Website and the services provided herein,
or (2) your breach of these Terms and Conditions howsoever occasioned, or (3) any
intellectual property right or proprietary right infringement claim made by a third
party against Sarawak Craft and/or epayAsia Sdn Bhd in connection with your use
of this Website.
13.0 WEBSITE LINKS
This Website may contain links to website(s) controlled or offered by third parties
other than Sarawak Craft. Sarawak Craft hereby disclaims liability for any information,
materials, products or services posted or offered at any of the third party websites
linked to this Website. By creating a link to a third party website, Sarawak Craft
does not endorse or recommend any products or services offered or information contained
at that website, nor is Sarawak Craft liable for failure of products or services
offered, or advertised at those websites. Such third parties may have a privacy
policy different from that of Sarawak Craft, and the third party website may provide
less security than this Website.
14.0 ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to Sarawak Craft or epayAsia Sdn Bhd,
you are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail and/or by posting
notices on this Website. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing.
15.0 COLLECTION AND USE OF PERSONAL INFORMATION
In addition to disclosure of identification and contact particulars as contemplated
herein, Sarawak Craft and/or epayAsia Sdn Bhd as authorized by Sarawak Craft, shall
collect, store, compile and utilize information to enable you to purchase Products
from this Website. epayAsia Sdn Bhd may provide certain information and data about
you to any other third parties for purpose of delivering the product to you. Other
than for the aforementioned reasons, Sarawak Craft and/or epayAsia Sdn Bhd will
not disclose your name, address, telephone number, e-mail addresses or any other
personal identifying information, unless you give Sarawak Craft and/or epayAsia
Sdn Bhd consent to do so or as may be required by law or pursuant to any request
or directives by regulatory authorities or governmental bodies or agencies.
16.0 CURRENCY
All transactions on the Website are to be conducted and payable in Ringgit Malaysia
(RM), unless otherwise indicated.
17.0 LAW AND JURISDICTION
These terms and conditions are governed by and are to be construed in accordance
with the laws of Malaysia. By accessing this Website and/or using the services provided
herein by Sarawak Craft, you hereby consent to the exclusive jurisdiction of the
courts of Malaysia in all disputes arising out of or relating to the use of this
Website.
Sarawak Craft makes no representation that the materials, information, functions
and/or services provided on this Website are appropriate or available for use in
jurisdictions other than in Malaysia.
18.0 WAIVER
The failure of Sarawak Craft to exercise or enforce any right or provision of these
Terms and Conditions shall not constitute a waiver of such right or provision.
19.0 SEVERABILITY
If any of these conditions or part thereof shall be deemed invalid, void, or for
any reason unenforceable, that condition or part thereof shall be deemed severed
and shall not affect the validity and enforceability of any remaining terms and
condition.
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