TERMS OF SERVICE
The following terms and conditions constitute an agreement between you and The Little Explorer (“we”, “us”, “our”), the operator of this website (“Website”). By visiting, accessing, browsing, navigating and/or making a purchase through the Website, you engage in our “Services” and agree to be bound by the terms and conditions set out below (“Terms of Service”).
1. REGISTRATION
1.1
If you wish to purchase any item, product and/or good made available or published on or through the Website (“Products”), you will be required to register and authorize the use and disclosure of your information for purposes of allowing us to facilitate the fulfilment of your purchase.
1.2
You may be required to provide us with your personal information during the registration process and from time to time during your use of the Website. By creating an account with us on the Website (“Account”), you agree to be bound by the rules, information and/or policies developed and published by us on the Website in connection with these Terms of Service from time to time (“Policies”) and you consent to the processing of your personal data by us in accordance with our Privacy Notice. You shall ensure that all the relevant information made available to us are and remain true and accurate at each point of purchase. In the event that any third party personal data is provided by you to us, you are responsible for ensuring that all necessary consent has been obtained from such third party and that such third party has agreed to the processing of his/her personal information by us in accordance with our Privacy Notice.
1.3
You must be at least 18 years of age to register with us or to make purchases on the Website. By making a purchase on the Website, you represent and warrant that you have the right and capacity to enter into these Terms of Service and to abide by the terms and conditions set forth herein.
1.4
2. NO WARRANTIES IN RELATION TO THE PRODUCTS
We do not make any representation or warranty (whether express or implied) with regard to the Products including its merchantability, quality, fitness for purpose, durability and non-infringement of proprietary or third party rights.
3. WEBSITE’S CONTENT
3.1
You acknowledge that the images, text, data, graphics, information, suggestions and other materials provided, made available or otherwise found through the Website (“Content”) that we disclose is to the best of our knowledge or based on information provided to us by third parties and do not constitute an opinion, recommendation or advice.
3.2
You are solely responsible to:
(a) evaluate the quality, adequacy, completeness and usefulness of the Products, Content, advice, opinions and other information obtained or accessible through the Website; and
(b) seek further professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any decision based on such materials or information. You agree that your use of the Content is solely at your own risk.
3.3
The timeliness, accuracy and completeness of any or all of the Content (including without limitation the descriptions, colours, pricing, promotions and availability of the products) are not guaranteed though we make all reasonable effort to ensure the same. We reserve the right to update the Content at any time without prior notice to you. We will not be responsible for any false or misleading information, or for errors or omissions or for the results obtained from the use of such Content.
4. USER'S CONTENT
4.1
It is important that you act responsibly when providing any information or data through or on the Website (“User Content”) to us and you shall at all times comply with the provisions in Paragraph 8 (User Obligations) below.
4.2
By posting or submitting the User Content through the Website, you agree to and hereby do grant and you represent and warrant that you have the right to grant to us our affiliates and contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute, adapt, edit, translate, prepare derivative works of, or incorporate into other works, such User Content. We reserve the right to adjust, refuse or remove the User Content which does not comply with these Terms of Service.
5. PURCHASE AND PAYMENT
5.1
By adding a Product to your virtual cart on the Website, checking out and making payment of the price of the Product, you shall be deemed to have made an offer to us to purchase the Product, on the price and terms as set out in the Platform.
5.2
Unless otherwise stipulated or permitted by us, all payments required to be made by you in respect of the Products shall be made via any of the payment services made available on the Website by following the payment process set out on the Website.
5.3
The price payable in respect of the Products made available or published on or through the Platform for sale shall be as stipulated on the Website.
5.4
The payment services are provided and operated by third party payment service provider engaged by us and all payments made via such payment services are subject to the specific terms and conditions applicable to the payment services imposed by the third party payment service provider in addition to these Terms of Service.
5.5
Please note that as the payment services are not operated by us, any payment dispute or fraud in connection with the payment made via the payment services will be referred to the relevant third party payment service provider. To the fullest extent permitted by law, we shall not be made responsible for any payment dispute or fraud not caused by us.
6. CANCELLATION AND REFUND
6.1
Once you have received the order confirmation, you may not modify or cancel such order.
6.2
We shall be entitled to limit, refuse or cancel your order without giving any reasons despite the fact that you have made payment in respect of the Products.
6.3
If any payment has already been made by you and received by us in relation to an order which has been refused or cancelled, we will refund the same to you in cash, vouchers or combinations thereof, at our discretion.
7. DELIVERY, RETURN AND RISK
7.1
The terms of delivery and returns of Products are set out in our Shipping and Delivery Policy and Exchange and Return Policy on the Website.
7.2
Risk of damage to or loss of the Products shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Products, the time when delivery of the Products has been tendered. Unless otherwise agreed by us, we shall not be liable for any damage to or loss of the Products from the time when risk passes to you.
8. PREORDER PRODUCTS
8.1
Pre-order products offered on the Website are not ready stocked and will only be available for delivery at the estimated date of arrival as set out in the Website.
8.2
Payment for pre-order products are required to be made at the point of checkout.
8.3
Notwithstanding the stated estimated date of arrival in the Website for each pre-order Product, we do not represent and warrant that the Product would arrive by or be available on the said estimated date of arrival as the shipment may be delayed for many reasons beyond our control.
8.4
In the event the arrival of the pre-order Products is delayed for a period of more than sixty (60) days, you shall be entitled to make a request for a full refund of payment made for the pre-order Products.
9. USER OBLIGATIONS
9.1
We may (but shall be under no obligation to) investigate if you have misused the Platform, or behave in a way, which we regard as inappropriate, unlawful or illegal. By visiting or registering for an Account on the Platform, you agree not to:
(a) use the Website for unlawful, commercial, and non-personal purposes and for any purpose that is illegal or prohibited by these Terms of Service and applicable laws;
(b) compromise the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Platform;
(c) upload, post or transmit any material or information which is offensive, defamatory, obscene, unlawful, false, misleading, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
(d) attempt to gain unauthorized access to the Website, user accounts, computer systems or networks through hacking, password mining or any other means;
(e) upload, post or transmit any unsolicited or unauthorised advertising or promotional materials, “junk mail”, “spam”, “pyramid schemes”;
(f) engage in any conduct which will violate any law or infringe our intellectual property rights or those of any third party in relation to your use of the Website;
(g) upload, post or transmit any material which contains viruses, malicious codes or other computer codes, files or programs which are designed to limit or destroy the functionality or compromise the integrity of other computer software or hardware;
(h) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website;
(i) express or imply that any statements you make are endorsed by us without our specific prior written consent;
(j) use any code or other devices containing any reference to us or the Platform to direct persons to any other website and/or service;
(k) use the content contained on the Website for any illegal, fraudulent or harmful purpose;
(l) use the Website in any manner that could damage, disable, overburden and/or impair the operation of the Website, our servers or networks, or interfere with any other party’s use and enjoyment of the Website, or violate any requirements, procedures, policies or regulations of such networks;
(m) use the Website to violate the privacy or otherwise collect or store personal data of other users; and
(n) publicly disseminate information regarding the performance of the Website or access or use the Website for competitive analysis or benchmarking purposes.
9.2
Without prejudice to other rights we may have under these Terms of Service or in law, in the event that you are found to be in breach of any of the terms contained in this Clause:
(a) we shall be entitled to immediately block, suspend or terminate your use of the Account or the Website;
(b) we shall have the right to remove any Content and/or User Content submitted, uploaded or transmitted by you to or through the Website (if any); and
(c) you shall indemnify us in full and hold us harmless against all claims, loss, costs, damages, charges and/or expenses (including loss of profit) incurred and/or suffered by us as a result of such breach.
10. INTELLECTUAL PROPERTY RIGHTS
10.1
Copyright on the Website and Content (including designs, texts, graphics, logos, icons, user interfaces, visual interfaces and software) is owned or licensed by us and/or our third party licensors. You acknowledge that the Website and any underlying technology or software used in connection with the Website contain our and our third party licensors’ proprietary information. We grant you a non-exclusive, non-transferable, revocable license to use the Website and the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Website and the Content.
10.2
Except as expressly authorised by these Terms of Service, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website and/or Content;
(b) commercialise any information or services obtained from any part of the Website;
(c) modify, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or use any part of the same to provide or incorporate into, any product of service provided to a third party; or
(d) copy, duplicate or download the Content.
10.3
If you use any of our or our third party licensor’s trademarks, rights in internet domain names and website addresses and other rights in trade names (“Marks”) in reference to our activities, products or services, you must include a statement attributing the Marks to us. You shall not use any of the Marks:
(a) in or as the whole or part of your own trademarks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; and/or
(d) in a manner which disparages us or our information, products or services.
11. LINKS TO OTHER SITES
11.1
The Platform may contain links to other websites (“Linked Websites”) that do not belong to or are not maintained by us. Such links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the Linked Websites. For more information about the content or privacy practices of the Linked Websites, please visit the Linked Websites for the applicable terms of use and privacy policy.
11.2
The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
12. DISCLAIMER
12.1
Please note that we provide the Website “as is” and without warranties. Save and except for any implied warranties which cannot be contracted out by law and to the maximum extent permitted by law, we hereby disclaim all warranties, with respect to the Website, including without limitation any warranties that the Website or the Products listed therein are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need.
12.2
Without prejudice to the foregoing, we do not represent and warrant, to the maximum extent permitted by law:
(a) that you will be able to access or use the Website (either directly or through third-party networks) at times or locations of your choice;
(b) the accessibility, accuracy, reliability, timeliness, completeness or legality of information provided by users of the Website, suggestions or recommendations or endorsements of services or products offered or purchased through the Website, or any other data or information provided or received through Website; or
(c) that the Website will be secure, operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Website and/or the server that makes the same available are free of computer viruses, timers, contaminants, Trojan-horses, routings, time bombs or other harmful or malicious codes, programs or component.
12.3
Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. For this purpose, we reserve the right, without prior notice, to remove your username or similar identifier in respect of your account if appropriate and we shall not be liable whatsoever for any loss arising from such removal. You acknowledge sole responsibility for and assume all risk arising from your access and use of the Website.
13. LIMITATION OF LIABILITY
13.1
To the maximum extent permitted by law, in no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages, lost profits or income, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses howsoever arising, whether or not such losses and/or damages were reasonably foreseeable or even if we knew or should have known of the possibility of the same occurring.
13.2
In the event we are liable under these Terms of Service, our maximum and cumulative total liability (including without limitation any liability for acts and omissions of its representatives) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, misrepresentation and any other damages and/or losses (“Claims and Losses”) howsoever arising under these Terms of Service shall, to the maximum extent permitted by law, not exceed the price paid for the Products, in respect of all Claims and Losses.
14. INDEMNIFICATION
You agree to indemnify and hold us, our contractors, successors, assigns, and third parties, and each of our and their respective directors, officers, employees and agents harmless from and against all loss, damages, claims, fines, penalties or expenses, including solicitors’ fees, arising howsoever from or in connection with your access or use of the Website, any breach, default, omission, misrepresentation, negligence, misconduct, non-observance and/or non-performance of these Terms of Service by you or on your part or of any other person for whose acts or omissions you are vicariously liable, whether in tort, contract or otherwise.
15. TERMINATION
15.1
We may terminate and/or suspend your Account immediately, if there has been a breach of these Terms of Service, the Policies or other policies and terms posted on the Website by you or by someone using your Account. We may also deactivate your Account for any other reason, including inactivity for an extended period. We shall not be liable to you or any third party for any deactivation, termination and/or suspension of your access to the Website. Further, you agree not to attempt to use the Website after any such termination and/or suspension (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register).
15.2
Notwithstanding anything contained in these Terms of Service, any provisions in these Terms of Service which are capable of having effect after the termination of your registration shall remain in full force and effect following the termination of your Account.
16. FORCE MAJEURE
16.1
Neither party shall be liable to the other party or be deemed to be in breach of these Terms of Service by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms of Service, if the delay or failure was due to any cause beyond the party’s reasonable control, including but not limited to:
(a) fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) acts, restrictions, regulations, by-laws, prohibitions, import or export regulations, embargoes or measures of any kind imposed by any governmental, parliamentary or local authority;
(d) strikes, lock outs or other industrial actions or trade disputes;
(e) pandemic, virus outbreak or government restraints;
(f) difficulties in obtaining raw materials, labour, fuel, parts or machinery; or
(g) telecommunication, transportation, power supply, network or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
17. PLATFORM MAINTENANCE
17.1
It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Website, which may temporarily degrade the quality of the Website or result in a partial or complete outage of the Website. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Website.
18. GENERAL
18.1
Amendments to These Terms of Service
We reserve the right to amend these Terms of Service, the Policies and the other policies published on the Website at any time. You are responsible for reviewing such updated rules and Policies published by us on the Website and/or notified to you from time to time. Your continued access to and/or use of the Website following the posting of such amended terms and/or policies shall constitute your agreement to be bound by these Terms of Service, the Policies or other policies published on the Website, as amended. If at any time you choose not to accept these Terms of Service, including following any such modifications hereto, then you must stop using the Website.
18.2
If any provision of these Terms of Service is held by any court of competent authority to be invalid, illegal or unenforceable in whole or in part, such provision shall be deemed to be severed from these Terms of Service without affecting or impairing the validity, legality and enforceability of the remaining provisions or remainder thereof, and the remaining terms and conditions shall nevertheless continue in full force and effect.
18.3
These Terms of Service shall be governed and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction hereto.
18.4
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
18.5
These Terms of Service and any supplemental terms, policies, rules and guidelines published through the Website including the Privacy Notice, constitute the entire agreement between you and us relating to the subject matter hereof and supersede all previous written or oral agreements, arrangements or understanding us.
18.6
The headings in these Terms of Service are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of these Terms of Service or any terms or conditions therein.