Terms Of Use

This terms & conditions of use (“Terms of Use”) is created, owned and managed by LUMEOX MALAYSIA SDN. BHD. (Company No. 202301018692 (1512614-T)) (“Company”).

This Terms of Use applies to all users (“Users”) of the Company’s website at www.lumeox.com.my (“Website“).

Section 1) – Ownership and Management

The Website is wholly owned, managed and operated by the Company.

All of the contents, information, data, materials, promotions, pricing, pictures, intellectual property and/or logo whatsoever available and found on the Website is fully & wholly owned, managed and/or operated by the Company at all times.

Section 2) – Full Consent & Acceptance of the Terms of Use

Users who entered, browsed, used, interacted, communicated and/or viewed the Website shall accept without limitation or qualification, all of the terms and conditions as stated in this Terms of Use herein below and shall automatically be bound by the Terms of Use upon entering, browsing, using, interacting, communicating and/or viewing the Website.

Further, it is impliedly and expressly deemed that this Terms of Use has been fully read and agreed upon by all Users of the Website.

If any Users do not agree to follow and comply with the Terms of Use, kindly stop entering, browsing, using, interacting, communicating and/or viewing the Website immediately.

Section 3) – Legal Binding Effect & Purpose of the Website

The Company reiterate that all Users conduct in entering, browsing, using, interacting, communicating and/or viewing the Website will always be subject to the Terms of Use which at all times remain valid, effective and binding on all Users. It is hereby agreed that all Users are fully agreeable and consented to be fully bound by this Terms of Use.

The Website is created for the purpose of enabling all Users to enter, browse, use, interact, communicate and/or view various products and/or services of the Company (“Products”).

From time to time, the Company may publish certain promotions, deals, discounts, details of events and/or any other information related to the Products, the Company’s business, operation and/or management on the Website.

Section 4) – Contents of the Website

The Website contains various Products of the Company.

The Company will use and regard the Website as an electronic marketing and promotional platform to advertise and list its Products for sale and/or subscription to the Users of the Website.

At all times, the Company hereby will use its best endeavours to ensure that all description, contents, information and data relating to the Products as published, listed, made available and advertised on the Website to be as accurate as possible without any element of misleading.

Take Notice that at any time, without any prior notice to the Users, the Company has the absolute discretion to remove any Products on the Website for whatsoever reasons.

Section 5) – Prohibition, Limitation and Restrictions

TAKE NOTICE that all Users of the Website cannot and are not allowed to duplicate, use, copy, distribute, publish and/or commercially exploit any information, data, materials, promotions, pricing, pictures, intellectual property and/or logo whatsoever available and found on the Website for any personal, private or for whatsoever purposes unless with the prior written consent and/or approval of the Company.

The Website is designed for any Users who seek to know more about the Products listed, advertised and/or made available AND also for the Company to sell, market, advertise and promote its Products.

At all times, the Company shall always ensure that the Website is legal and shall only be used for lawful purposes and in a manner, which does not violate the rights of, or restrict the use of the Website.

Such restriction shall include, but is not limited to, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or of defamatory, racially or ethnically objectionable material of any kind or disruption of normal flow of dialogue within the Website.

Users are also warned not to hack, interrupt, corrupt, cause and/or distribute any malware, spyware, virus or any illegal bugs on the Website.

The Company at all times reserves all rights and discretion to initiate any actions against any Users who violate this Terms of Use and/or Website (including, but not limited to, legal action and lodging of reports with the relevant authorities including the police).

In any event, when any Users entering, browsing, using, interacting, communicating and/or viewing the Website, the User hereby confirm that he/she is over the age of 18 years and is legally eligible to enter into a binding contract with the Company.

For Users under 18 years of age, the Company reiterate that the Users may only enter, browse, use, interact, communicate, and/or view the Website with the consent of their parents or guardian.

Otherwise, Users below the age of 18 years old are warned to stop entering, browsing, using, interacting, communicating and/or viewing the Website immediately.

Section 6) – Display, Graphic, Contents, Descriptions and Details of the Products

All details, specifications, information, display, graphic, contents and/or descriptions of the Products listed, stated and advertised on the Website are to the best of the Company’s knowledge.

All Users are encouraged to seek professional or expert advice and consultation in order to accurately verify the Products (including the details, specifications, information, display, graphic, contents and/or descriptions of the Products) advertised, listed and/or made available on the Website. In addition, the Company also welcomes all enquiries from any Users on the Products advertised, listed and/or made available on the Website.

All graphics, images and colours used on the Website may varies depending on Users’ display monitor and screen quality and may not be accurately rendered. Further, the Company do not warrant that the details, specifications, information, display, graphic, contents and/or descriptions of the Products available, advertised and/or listed on the Website as 100% accurate, current or free from any errors.

In this regard, the Company shall have the right to correct any errors, inaccuracies or omissions at any time (as practicable to do so) without providing any prior notice to any Users or parties whomsoever.

Section 7) – Third Party Links & Websites

The Website may contain link(s) to third-party websites and/or social media accounts and/or blogs whatsoever.

The Company shall not be responsible (whether directly or indirectly) for any content and security of those third-party sites and/or social media accounts and/or blogs whatsoever as it is NOT operated OR managed OR owned by the Company in any way (unless otherwise declared by the Company).

Those third-party link(s) may be provided solely for the Website’s Users convenience and it does not in any way indicate, expressly or impliedly, any endorsement, authorisation or sponsorship by the Company (unless otherwise stated by the Company).

The use of the contents on those third-party websites and/or social media accounts and/or blogs whatsoever are at the Users’ own risk.

It is the User’s responsibility to take all protective measures to guard against viruses, malware, spyware or other destructive elements whatsoever on that third-party sites and/or social media accounts and/or blogs whatsoever.

The Company hereby exclude whatsoever liability it may have in regard to the third-party websites and/or social media accounts and/or blogs whatsoever.

Section 8) – Intellectual Property Rights

All intellectual property and intellectual property rights (including, without limitation, any copyright, trademarks, patents, design rights, invention, logo, design and all other forms of intellectual property rights) on the Website and Products are wholly owned and licensed to the Company (unless otherwise stated by the Company).

Therefore, in no way whether directly or indirectly that this Terms of Use permits or constitutes a transfer of any intellectual property rights to any Users or parties whomsoever howsoever. At all times, no Users or parties whomsoever shall be permitted or allowed to register or claim (or attempt to register or claim) any intellectual property rights on the Website or the Products.

In the event that the Products listed, advertised and/or made available on the Website is alleged to have infringed any intellectual property rights of any party or person, the Company shall take all necessary steps to remedy such situation (including immediately stop selling, advertising and listing the alleged infringed Products on the Website accordingly).

Section 9) – Indemnity

Each User of the Website hereby agrees to indemnify the Company (and the Company’s officers, directors, agents, subsidiaries, employees, collaborators, merchants, third-party providers or whomsoever authorised by the Company) from all claims, demands, losses, liabilities, costs, expenses, obligations, responsibilities and/or damages (including legal fees) whatsoever arising out of the User’s breach of the Terms of Use herein (including misusing the Website for whatsoever unauthorised and/or illegal purposes).

Section 10) – Security, Modification & Update

The Company shall always envisage to properly secure the Website appropriately with the use of current security features and/or whatsoever appropriate antivirus, spyware, firewall and malware software available in Malaysia (as appropriate and applicable to do so). However, by this, it does not mean that the Company is giving any guarantee to any Users that the Website is 100% free from any security issues or threats whatsoever.

The Company also reserves the right, at any time, without prior notice, to change, modify and/or update any features, information, data, materials, promotions, pricing, pictures, intellectual property and/or logo whatsoever available and found on the Website.

The Company may terminate, change, suspend or discontinue any content, design, colour, logo, information or element of the Website, including the availability of any features, security, links and/or references of the Website at any time.

The Company may also impose limits, prohibitions and/or restrictions on certain features, services and access to certain parts and/or all of the Website without any prior notice or liability.

The Company may also at any time suspend the operation of the Website for support or maintenance work, in order to update the content or for any other reasons whatsoever.

Section 11) – User’s Security

All Users are reminded to always ensure that their mobile phones, computers and/or whatever gadgets used are well secured and protected while entering, browsing, using, interacting, communicating and/or viewing the Website.

The Company reiterate that all Users should only enter, browse, use, interact, communicate and/or view the Website through verified web browser only.

All Users hereby agree that in no way shall the Company be held liable (whether directly or indirectly) in the event of any lack of security protection and/or virus, spyware or malware infected mobile phone, computer and/or gadget issues faced by any Users when entering, browsing, using, interacting, communicating and/or viewing the Website.

Section 12) – Products Pricing

All prices and amount as appeared on the Website are in Ringgit Malaysia (RM) and are inclusive of the current applicable sales and services tax (SST), unless otherwise stated. However, the prices displayed on the Website are excluding any applicable service charges, transportation and/or delivery fees unless stated otherwise (as applicable).

Although the Company will always try to ensure that the prices featured on the Website are correct & up-to-date, unfortunately errors may occur sometimes. In such circumstances, the Company reserves all rights to rectify and amend the prices, service charges, transportation and/or delivery fees at any time without any liability or compensation whatsoever.

Section 13) – Termination of Products & Website

At any time, all Users hereby agree that the Company hereby reserves all rights and discretion to terminate any Products, advertisement, listing, offers, promotions, discount vouchers, cashback incentives, promotional code and/or any function of the Website without providing any prior notice or reasons to any Users, party or person whomsoever.

Section 14) – Users’ Communications, Interaction and Comments

All Users hereby agrees that their communications, interactions and/or comments to the Company must be genuine, professional, ethical, polite, accurate, fair and honest.

Kindly note that the Company will not tolerate any unfair, hatred, vulgar, racist, discriminatory, offensive, sexual or sexist remarks from any Users. In such event, the

Company reserves its rights and discretions to take any further action (including legal action and lodging reports with the relevant authorities) against the said User.

Section 15) – Actions, Offences and/or Conduct of Users

The Company (including, but not limited to, the Company’s employees, representatives, merchants, retailers, suppliers and/or agents) shall not be responsible in any way (whether directly or indirectly) for any actions, offences, crime, error, mistake, negligence, misuses, mis-purchase and/or any other conduct of the Users when entering, browsing, using, interacting, communicating and/or viewing the Website.

On case to case basis, the Company reserves its rights and discretions to take any further action (including legal action and lodging reports with the relevant authorities) against the said User.

Section 16) – Limitation of Liability

The Company shall not be responsible for any issues, problems, complications, security attack, virus or malware attack, hardship and/or losses whatsoever suffered by any Users while entering, browsing, using, interacting, communicating and/or viewing the Website (unless it was caused directly and solely by the Company).

For the avoidance of doubt, the Company shall not be responsible for:

(a)      any indirect or consequential losses suffered by any Users;

(b)      any deterioration of the value of the Products after the User purchased the Products;

(c)      any loss of profits, economic savings, anticipated savings or use whatsoever suffered by the User after purchasing the Products; and/or

(d)      any loss of future profits, future economic savings, future anticipated savings or future use of the Products whatsoever after purchasing the Products.

Further, the User hereby agrees, warrants and undertakes to the Company that it will fully indemnify the Company from and against all claims, damages, liabilities, deficiencies, penalties, losses, costs (including legal costs on a solicitor and client basis) and expenses which the Company may suffer, incur or sustain as a result of or in consequence of or in relation to any inaccuracies, defaults, misrepresentations or breaches of any part of this Terms of Use by the User.

Section 17) – Enquiries

The Company has procedures in place in order to receive and respond to enquiries, complaints and/or feedbacks about this Terms of Use and/or Website. Any enquiries, complaints or feedbacks in relation to the Website or this Terms of Use should be made in writing and addressed as shown below:

LUMEOX MALAYSIA SDN. BHD.
(Company No. 202301018692 (1512614-T))
23-5, Menara Bangkok Bank,
Berjaya Central Park,
Jalan Ampang,
50450 Kuala Lumpur,
Malaysia
Email: [email protected]
Tel: +60 18 870 8000

Section 18) – Governing Laws

The Website and this Terms of Use shall be based on the laws of Malaysia. Any disputes to the Website and this Terms of Use shall be subject to the exclusive jurisdiction of the courts in Malaysia only.

Section 19) – Update, Revisions and Changes

From time to time, the Company reserves its rights and discretions to update, revise and/or change certain Section(s) of this Terms of Use to adapt with the functionality of the Website, market demands, economic changes and/or promotional activities whatsoever. All Users hereby agree to adhere and comply with whatsoever updates, revisions and/or changes implemented and effected by the Company.

Section 20) – English Version to Always Prevail

In circumstances that this Terms of Use is translated to any other languages and there’s confusion, conflict, ambiguity, uncertainty and/or dispute on any of the sections or clauses herein, the Parties hereby agree that the English Version of this Terms of Use shall always prevails over any other languages’ version of this Terms of Use, as applicable.