Accesses to and use of the www.kingkoil.com.my and the products available through this Website are subject to the following Terms and Conditions. The words ‘we’, ‘us’ and King Koil shall mean Kingkoil Bedding (Malaysia) Sdn Bhd. The term ‘you’ and ‘your’ refer to customers and the public.
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ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS AND CONDITIONS
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These terms and conditions currently apply but may be amended or edited from time to time. Please read these terms of use carefully before you use this Website. By using this Website or by placing an order through the Website, you expressly agree to be bound by these Terms and Conditions as they now are or as amended or modified from time to time without any prior notice to you and acknowledge that you have read, understood and accepted them. However, if after having read these terms of use and you do not agree with them you must discontinue your use of this Website.
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CONDITIONS
- “Kingkoil Malaysia” refers to Kingkoil Bedding (Malaysia) Sdn Bhd and any company, existing now or in the future, owning or owned by or under common ownership either directly or indirectly, or controlling, controlled by or under common control with Kingkoil Bedding (Malaysia) Sdn Bhd. These include the holding company, subsidiaries, associate companies or joint venture partners, or others.
- “Content” refers to proprietary and non-proprietary information; including all forms of text, links, hypertext, music, voice, video, multi-media work or art for promotional, educational, informational and/or entertainment purposes made available on the Kingkoil Malaysia home page.
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YOUR PROFILE
- You shall be above eighteen (18) years of age to sign up with www.kingkoil.my and you agree to :
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- Provide true, accurate, current and complete information about yourself as prompted by the online registration form (“Profile”); and
- Maintain and promptly update your Profile to keep it true, accurate, current and complete. You can access and update your registration details using the “Your Profile” area of the Website. You are responsible for maintaining the confidentiality of your account username and/or passwords and for restricting access to your profile. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the username and password are kept confidential and secure.
- You shall immediately notify Kingkoil Bedding (Malaysia) Sdn Bhd shall if it comes to your knowledge that your password has been compromised or there has been unauthorised use of your account.
- Kingkoil Bedding (Malaysia) Sdn Bhd shall reserves the right not to honour any online sales transaction if we have reason to believe that the transaction is fraudulent and if you have failed to provide accurate and complete information at the time of application.
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- Your personal information may be used by us for our database and a number of purposes including, without limitation, research and statistical analysis and marketing. In terms of marketing, from time to time we may send out promotional and marketing materials about such things as great product offer or new Website features to users who are 18 years and above. Such information shall be kept strictly confidential.
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LIABILITY
- Kingkoil Bedding (Malaysia) Sdn Bhd shall not be responsible or liable for any damages (whether, direct, indirect, special or consequential), late or non-delivery of the Products, loss, embarrassment, goodwill expenses or loss of profit incurred or suffered by you in the following circumstances:
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- This Website not being available;
- The email address is incorrect;
- Refusal from you (should such situations occur, the purchase is considered delivered & no refunds will be made);
- During non-banking day or non-working days;
- Any access, use or inability to access or use this Website and/or any other website linked to this Website;
- Any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of Kingkoil Bedding (Malaysia) Sdn Bhd or of the payment gateway;
- Attack or interference by any computer virus, corruption, worms or by any person;
- Improper or unauthorised use of this Website, through your username and password or any other of your security codes;
- The taking and compliance of any of your requests or instructions via this Website or any of its affiliate websites;
- Any inaccuracies, errors, defects of any content of this Website or other websites linked to this Website;
- Any technical malfunction of your computer terminal, systems or software used in accessing this Website;
- The destruction or alteration of your request, data or information transmitted by you to Kingkoil Bedding (Malaysia) Sdn Bhd or its affiliate websites;
- Natural disaster, violence, warlike situations and/or any other reasons beyond our control
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INDEMNITY
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You shall indemnify us against all losses, liabilities, damages, costs and expenses suffered or incurred by us, and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with the following:
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- any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Website by you infringes any third party’s copyright or other intellectual property rights of whatever nature;
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you; and
- breach of any of the terms and conditions contained herein.
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INTELLECTUAL PROPERTY
- All copyright in the material contained on the Website and any trademarks and brands included in that material belong to Kingkoil Bedding (Malaysia) Sdn Bhd shall or its licensors. The unauthorised copying, modification, use or publication of these marks is strictly prohibited. However, you may retrieve and display the contents of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided that you adhere to all and any copyright and proprietary notices.
- Kingkoil Bedding (Malaysia) Sdn Bhd shall reserves the rights to change or remove any parts of the contents or materials of the Site or any features thereof, at any time and for any reason without any prior notice and liability
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GENERAL
- Indemnity will be held against you, whether fully or partially, to cover Kingkoil Malaysia, its employees, agents, co-branders and alliances against any action, claim, demand, expenses (including legal fees on a full indemnity basis) suffered or incurred by Kingkoil Malaysia arising from your use or misuse of the Content on this Website and other Websites linked to this Website and the services provided therein;
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes shall be decided only by the courts of Malaysia.
- You shall not assign, sub-license or otherwise transfer any of your rights provided by this Terms and Conditions. If any provision of this Terms and Conditions is found to be invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
- If you breach these Terms and Conditions, irrespective of whether Kingkoil Bedding (Malaysia) Sdn Bhd shall disregard the same, Kingkoil Bedding (Malaysia) Sdn Bhd shall still be entitled to enforce its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
- Kingkoil Bedding (Malaysia) Sdn Bhd shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control and force majeure.