HAIRBEAUTY.COM.MY TERMS OF USE ("TERMS OF USE")
Welcome to the Hair Beauty website, including but not limited to hairbeauty.com.my ("Site"). All users of this Site agree that access to and use of this Site constitutes the agreement the following Terms & Conditions ("Terms") and other applicable law.
We reserve the right to modify these Terms at any time which apply to all users, visitors of the Site. If you access the Site after changes to these Terms have posted, such access shall constitute your acceptance of those changes, whether or not you have actually reviewed them. Please read the following Terms of use carefully before using this website. If you do not agree to these Terms, please do not use this Site.
By accessing or using the Site, constitutes the acknowledgement and agreement of Hair Beauty’s Terms & Condition, Privacy Policy, Shipping Policy and Return Policy.
Privacy
To view our Privacy Policy, please click here which is incorporated by reference with these Terms.
Copyright
The entire content included in this Site, including but not limited to text, data, photographs, graphics, software, videos or code is copyrighted as a collective work under the Malaysia and other copyright laws, and is the property of Hair Beauty. The collective work includes works that are licensed to Hair Beauty. Copyright 2016, Hair Beauty All Rights Reserved. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Hair Beauty or purchasing Hair Beauty products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Hair Beauty or to purchase Hair Beauty products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Hair Beauty. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
Trademarks
All trademarks, service marks and trade names of Hair Beauty used in the site are trademarks or registered trademarks of Hair Beauty.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Hair Beauty disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Hair Beauty does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Hair Beauty does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Hair Beauty shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Hair Beauty has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Hair Beauty without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Hair Beauty may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Hair Beauty.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of Malaysia. without regard to choice of law provisions, Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Hair Beauty products) shall be in the state or federal courts located in Malaysia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Hair To Beauty products) must be commenced within one (1) year after the claim or cause of action arises. Hair Beauty's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Hair Beauty may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hair Beauty or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Hair Beauty does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Hair Beauty is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Hair Beauty reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Hair To Beauty in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Hair Beauty, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Hair Beauty may link to sites operated by third parties. However, even if the third party is affiliated with Hair Beauty, Hair Beauty has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Hair Beauty. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Hair Beauty seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
User Submission
The Site may allow users to submit information, data, photographs, videos, art work, product ideas, audio, and other materials (“User Submission”). You hereby waive any privacy rights you may otherwise have with any User Submission. You acknowledge that User Submission can be accessed, viewed, sent to other users and the general public. You are solely responsible for your own User Submissions and any consequences of submitting them on our Site.
By submitting User Submissions, you hereby grant Hair Beauty a non-exclusive, unrestricted, royalty-free, worldwide, transferable, irrevocable license and right in unlimited use, copy, edit, reproduce, disclose, display, publish, distribute, remove, or otherwise exploit the User Submissions in any form, in whole or in part, by media or technology, incorporate into other works with or without acknowledgement. User Submissions allow us to utilize the User Submissions without objection or compensation.
You agree not to upload, post, transmit any User Submission that violates any intellectual property such as copyright, patent, trademark or any other proprietary rights. We reserve the right to review and delete any User Submission for any or no reason, including but not limited to User Submissions that violates these Terms, is illegal, offensive, may harm, threaten the safety of, or violate the rights of any User and/or any other entity.
Ordering through the Site
After placing an order, you will receive an email from us acknowledging that we have received your order ("Order Confirmation"). Please be advised that this does not mean that your order has been accepted. All orders are subject to acceptance by us. A shipment of your order will confirm such acceptance ("Shipping Confirmation"). A contract will form with us only after we send you a Shipping Confirmation. The contract will relate to only those products containing in the Shipping Confirmation, and not to those that are in a separate Order Confirmation.
Prices, Availability and Errors
Products on this Site is subject to change without notice. In the event that a Hair Beauty product is mistakenly listed at an incorrect price, quantity or availability, we reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. If the price is incorrect, at our discretion, will either contact you for instructions before shipment of product or cancel any such orders whether or not you received an Order Confirmation and your credit card charged. We are under no obligation to provide the product to you at the incorrect price, even after Order Confirmation. If your credit card has already been charged for the purchase and your order is cancelled, Hair Beauty shall issue a credit to your original payment method in the amount of the incorrect price.
On occasion, you may be able to place a product into your shopping cart and submit your order, but your order is later cancelled due to unavailability of product(s). You acknowledge that we may cancel your order after you have received a Shipping Confirmation from us without penalty. If we are unable to ship the product in your order due to unavailability or incorrect price, you agree that we may overturn our Shipping Confirmation and cancel your order without penalty.
We reserve the right to correct any errors, inaccuracies or omissions on the Site with or without notice.
Tax Collection
We are required to collect and remit GST tax for purchase from residences in Malaysia. All price are inclusive of GST.
Shipping
To view our Shipping Policy, please click here which is incorporated by reference with these Terms
How to Contact Us
If you have any questions or comments about these Terms of Use or this Site, please contact us here or call us at 60 3-6188 2546. You also may write to us at:
Hair Beauty
Attn: Sales Department
26, Jalan SG 3/2, Taman Sri Gombak, 68100 Batu Caves, Selangor D.E, Malaysia