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Welcome to the FloristOnline2U.com website ("Website"), a site owned by Florist
Online 2U 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 FloristOnline2U.com
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
FloristOnline2U.com payment service available under epayAsia Sdn Bhd’s online
payment service, i.e. TeleMoney.
You understand that FloristOnline2U.com merely provides you with a forum in
which selected merchants recruited by FloristOnline2U.com(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,FloristOnline2U.com 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
FloristOnline2U.com 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 FloristOnline2U.com shall use its reasonable efforts to ensure the
accuracy and validity of the materials and information made available on the
Website,FloristOnline2U.com 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 FloristOnline2U.com 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.
FloristOnline2U.com 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 FloristOnline2U.com 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
FloristOnline2U.com 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
FloristOnline2U.com.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 FloristOnline2U.com 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.
FloristOnline2U.com 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.
FloristOnline2U.com 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, FloristOnline2U.com may
terminate and/or suspend your account should you violate any of these Terms and
Conditions, or violate the rights of FloristOnline2U.com, 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 Merchant. With the exception of subscription based
products, the delivery of Products purchased via the Website shall be made by
the Merchant or any other third party designated by the Merchant 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 Merchant and although FloristOnline2U.com shall through
its partner epayAsia Sdn Bhd, provide the resources for the initiation and
handling of all queries, comments and complaints to be made, neither
FloristOnline2U.com 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,FloristOnline2U.com through its partner
epayAsia Sdn Bhd shall handle all requests for the return of Products via its
customer service e-mail at customerservice@epayasia.com.my.
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 epayAsia Sdn Bhd.
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 epayAsia Sdn
Bhd. 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 epayAsia Sdn Bhd 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 FloristOnline2U.com , 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 Florist
Online 2U 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 FloristOnline2U.com, epayAsia Sdn Bhd and/or their
respective third party proprietors as identified on the Website.
Unless the prior written consent of FloristOnline2U.com, 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 FloristOnline2U.com, 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 FloristOnline2U.com.
10.0 LICENSE AND WEBSITE ACCESS
FloristOnline2U.com 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 FloristOnline2U.com.
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 FloristOnline2U.com. 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
FloristOnline2U.com and/or its relevant third party proprietor without express
written consent. You may not use any metatags or any other "hidden text"
utilizing epayAsia Mall's name or trademarks without the express written
consent of epayAsia Mall. Any unauthorised use terminates the permission or
license granted by Florist Online 2U.
11.0 EXCLUSION OF LIABILITY
Neither FloristOnline2U.com 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
FloristOnline2U.com and/or epayAsia Sdn Bhd from all liabilities, claims,
losses and expenses, including any legal fees that may be incurred by
FloristOnline2U.com 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 FloristOnline2U.com 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 FloristOnline2U.com. FloristOnline2U.com 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,FloristOnline2U.com does not endorse or
recommend any products or services offered or information contained at that
website, nor is FloristOnline2U.com 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 FloristOnline2U.com, 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 FloristOnline2U.com 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,FloristOnline2U.com and/or epayAsia Sdn Bhd as authorized
by FloristOnline2U.com, 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, FloristOnline2U.com 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 FloristOnline2U.com 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 FloristOnline2U.com, 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.
FloristOnline2U.com 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 FloristOnline2U.com 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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