TERMS & CONDITIONS OF SERVICE AND USE
Kids de World PLT (“WE”, “US”, “OUR”) provides and operates the content and the supply of products and related services (“the Services”) available at www.kidsdeworld.com website (“the Website”) subject to the following terms and conditions. Our terms and conditions comprise of Terms and Conditions of Service and Use (“TCSU”), Privacy Notice, Returns Policy and Shipping Policy and are collectively referred to as "Terms and Conditions” or “T&C”. These Terms and Conditions govern all transactions between us and any person (“YOU”, “YOURSELF”, “YOUR” or “the Customer”) accessing and/or using the Website, its content and the Services. By accessing and/or using the Website, you acknowledge that you have read and understood, and agree to be bound by the Terms and Conditions.
The Terms and Conditions constitute complete and exclusive legally binding agreement between you and us concerning your use of the Website and the Services. These Terms and Conditions are subject to Malaysian Law. Should any provision of these Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms & Conditions, in which case, the remaining Terms & Conditions shall nevertheless continue in full force. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms & Conditions shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
We reserve the right to alter and amend these Terms and Conditions at any time without prior notification. Any amendments shall be effective immediately upon notification on the Website. Your continued use of the Website and the Services following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
Registration and Account Information
You may be required to register an Account on the Website to access some of the Services we provide via the Website. For each Account, you must provide a password and a valid email address to contact you. The combination of your email address and your chosen corresponding password together forms your Login details. You are responsible to maintain the confidentiality of your Login details. Furthermore, you are responsible for any and all activities by you or any other person using your Login details. You may change your password at any time by following instructions on the Website. Should you experience any unauthorised use of your Login details we require that you inform us immediately. You may terminate your Account at any point.
By accessing the Website and using the Services you warrant that the information you provide under your Account is true, accurate, current and complete at all times as long as you use your Account, the Website and/or the Services. We will not be responsible for any losses or damages that may occur due to inaccurate and/or incomplete information you provided under your Account. We may use the Website and any correspondence we send to the email address you have submitted to us to run advertisement campaigns regarding our Services and products.
By completing the registration process, you represent that you are over the age of 18.
Product Availability and Pricing
We make every reasonable effort to update the product availability and pricing on the Website. Occasionally the products available on the Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our products.
We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications and availability. We reserve the right to amend prices and availability of products published on the Website and to correct errors, inaccuracies, or omissions at any time without prior notice or liability to you. In the unlikely event that a product becomes temporarily unavailable after we accepted your order we will ensure to contact you within reasonable time to offer you an alternative product or refund in accordance with our Returns Policy.
We reserve the right to revise the price of our products on the Website at any time prior to accepting an order. The prices quoted may be revised by us subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond our control. In that event, you will have the right to cancel your order.
Orders and Payment
By placing an order through the Website, you warrant that you are legally capable of entering into binding contracts.
To place an order with us you are required to add your chosen products displayed on the Website to the Shopping Cart or use the “Buy Now” function and complete the checkout process. The display of any product on the Website must not be regarded as an offer by us to sell to you. Any order placed through the Website is an offer by you to purchase one or more products from us at the price meant by us together with any and all applicable taxes and delivery fees at the time of purchase. We are under no obligation to accept your order and reserve the right to reject your order in our absolute discretion. Should we reject your order you will be notified within a reasonable time.
You must provide us information relevant to your Order including, without limitation, your name, your email, your phone number, your billing address, and your shipping information. You further represent and warrant that: (i) you have the legal right to use the payment method(s) in connection with any order; and that (ii) the information you provide to us is accurate and complete.
Once your order is accepted, we will send you an email notifying the receiving of your order. We will process your order once the payment is received in full. Should your payment be delayed and/or cancelled for reasons beyond our control, including, without limitation, where your chosen payment method was not authorised by your financial service provider, we will not be liable for any delays in processing or order cancellation resulting from such events. We may cancel the whole or any part of an order after we have accepted your order at any time without any liability to you if: (a) any product in the order is not available; (b) there is an error or omission in the price or description of any product in the order on the Website; (c) we reasonably believe you are in breach of any Terms & Conditions; (d) payment in respect of the order is unable to be processed; (d) we suspect fraud or unauthorized or illegal transaction; (e) any other circumstances which we deem fit. If we cancel your order you will be notified within reasonable time. We will refund any amount paid for the part of the order that we cancelled by way of our preferred payment method of which you will be duly notified. Once your order is processed and shipped, it cannot be cancelled or altered.
We accept payments made via bank transfer, direct deposit to our bank account and credit/debit card (Visa & Mastercard) only. We will provide you information you may need from us to make a payment for your order at the point of check out. All payments must be made in Malaysia Ringgit (MYR). Payments by credit cards or debit cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.
The products that you purchase on the Website along with any samples or promotional material we may gift to you are strictly for personal use only. You may not sell or resell any products, samples, promotional material purchased or otherwise received from us except as expressly authorized by us.
Delivery and Returns
All delivery and returns of products are subject to our Shipping Policy and Returns Policy on the Website.
Promotions and Discounts
At times we may offer promotional price and price discounts on our products for a limited time. The promotional and discounted prices are only applied to qualifying products which you will be made aware of. All promotional campaigns are subject to stock availability. Any promotions made available through the Website may be governed by rules that are separate from these Terms & Conditions. Please review the applicable rules prior to participate in the promotional campaigns. If the rules for the promotional campaigns conflict with these Terms & Conditions, the promotion rules will apply. We reserve the right to amend, alter or terminate a promotion at any time at our sole discretion without prior notice.
Pre-order items are stocks which are not on hand and therefore you are required to wait till a certain point of time stated as “Estimated Date of Arrival (ETA)” on the Website to receive the items after ordering. Pre orders require payment to be made at checkout as our normal stocks on hand stated above. Due to the nature of pre-order items, no cancellations of orders are accepted. We can only estimate but cannot guarantee a specific arrival date so we cannot guarantee the products will be available on the Estimated Date of Arrival. However, if delays (that are due to circumstances beyond our control) occur greater than 60 (sixty) days, we will provide full refund of payment made upon request.
We will deliver the order as per our Shipping Policy at the moment the pre-order items are available. If you expect immediate delivery of pre-order items and cannot conform to the pre-order timeline, we highly recommend not to place order.
We make every reasonable effort to make sure the information we provide about the products on the Website is accurate. Nevertheless, to the extent permissible by the law, we cannot guarantee the accuracy, reliability and completeness of this information, including without limitation, photographs, product description, colours, sizes, and therefore shall not be held responsible and liable for any errors or omissions. At times, typographical errors may occur.
We do not warrant or represent the accuracy, completeness or suitability for your intended use of any information on the Website. You are responsible for the use of any information obtained from the Website. You should make your own enquiries to check if the information on the Website is accurate, complete and suitable for your intended use. We are not liable for any loss or damage that may result from your use or misuse of information available on the Website. Any content (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts) available on the Website is of general nature only and provided strictly for informational and educational purposes and is not meant to substitute medical or any other professional advice.
Customer Content published on the Website does not necessarily coincide with our views and opinions.
We allow posting of reviews and comments about the products we make available for purchase on the Website directly via the Website or our social media accounts. These reviews and comments are referred to as Customer Content. You retain all rights in, and accept sole responsibility for your Customer Content. By submitting your Customer Content to us you warrant its accuracy and that you are the sole author of this content or you have the right to use it and grant us the right and licence as provided in these Terms & Conditions. You further agree and warrant that your Customer Content does not contain false, inaccurate or misleading information; it does not violate any third party’s intellectual property rights, privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and it does not violate any applicable state, national or international laws and/or regulations. Any Customer Content that you were compensated for or granted any consideration by any third party, including, without limitation, paid reviews, any information that directly or indirectly references third party websites, third party contact information, is strictly prohibited from the Website. We further prohibit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene, discriminatory or otherwise objectionable, including but not limited to:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
Any and all Customer Content may be used by us at our sole discretion. By submitting Customer Content to us you grant us a perpetual, non-exclusive, irrevocable, royalty-free, transferable right and licence to use, store, copy, modify, delete, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology worldwide without compensation to you. We reserve the right, but not the obligation, to alter, delete or refuse to publish any Customer Content for any reason at our sole discretion, including without limitation, if such Customer Content violates these Terms and Conditions. We do not guarantee that after submitting your Customer Content you will be able to modify or delete it. We may limit the size of Customer Content permissible to be submitted. These provisions remain true and enforceable even in the event of you terminating your Account with us.
As we cannot control all Customer Content posted by users and/or third parties on the Website and our social media accounts, you agree to use the content at your own risk. Under no circumstances we will be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Third Party Links
The Website may contain URL links to third-party websites that are not owned and/or operated by us. These URL links are provided for your convenience and in good faith. We do not endorse any information on those linked third-party websites or any associated organisation, product or services. We therefore assume no responsibility for any loss or damage you may incur as a result of your use or misuse of these third-party resources. Should you choose to follow the third-party links you do so at your own risk and are solely responsible for any consequences henceforth. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Limitation of Use
You warrant that you shall use the Website and the Services for lawful purposes only and that your access to and use of the Website and the Services is not illegal or prohibited by law. You are prohibited to engage in any action which offends our customers and casual users of the Website and/or harms our business, including without limitation communicating defamatory and/or harmful information.
We reserve the right to suspend and/or terminate your Account or any use of the Website by you at our sole discretion at any time without prior notice, including, without limitation, where we have reasons to believe you have breached one or more provisions of these Terms and Conditions, or your Account has been inactive for a reasonably long period of time. We shall not be held responsible for any loss or damage incurred by you or any third party as a result of such suspension and/or termination. You are bound by any and all provisions of these Terms and Conditions even after such suspension and/or termination occurs.
Change of Service
We reserve the right to make any changes to the Services considered by us as necessary or desirable. We will use all reasonable endeavors to give prior notice of such changes on the Website but you acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Website).
Intellectual Property and Copyright
All media materials, including, without limitation, text, graphics, sound, video, icons, layouts, design, photographs, images, collectively referred to as Website Content, as well as trademarks and logos displayed on the Website are the property of Kids de World, our licensors or partners. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorized, and subject to the Copyright Act or except as expressly permitted by these Terms and Conditions or as is reasonably contemplated by, the normal use of the Services, you may not, in any form or by any means copy, adapt, reproduce, store, distribute, print, display, perform, publish, commercialize, communicate to the public, make available to public or create derivative works of the whole or any part of the Website Content and/or our services and/or the trademarks and logos displayed on the Website without our express written permission or, in the case of third party material, from the owner of the copyright in that material.
You agree to indemnify and hold us harmless from and against any claims, actions, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, indemnification of any legal, consulting, accounting costs (including those brought by third parties), on a full indemnity basis arising from or related to your use or misuse of the Website and its Services and products, your negligence or wilful misconduct, or your breach of these Terms and Conditions.
You understand and agree that your use of the Website and our Services is at your sole risk. We do not represent or warrant that the Website or the related Services will be uninterrupted or error-free or defect-free. We assume no responsibility or liability for any damage or loss caused by interruptions in the Website operation and/or loss of any data due to hardware and/ or software malfunction, including, without limitation, disruption of internet connection, server unavailability. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on your computer system or on the Website. We also do not guarantee that the contents of e-mails received from the Website or any electronic files available through the Website are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. As such, we shall not be held responsible for any loss or damage incurred by you as a result of the above.
The Website and the Services, including the products displayed, are presented on an ‘as is” basis. To the fullest extent permissible by the law we proclaim no warranties or representations of any kind, whether expressed or implied, in connection with these Terms and Conditions, including, without limitation, warranties and conditions of merchantability, acceptable quality, non-infringement of proprietary or third party rights or fitness for a specific purpose or disclosed result. We further make no warranty that the Website, its contents and our Services will meet any and all your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
You understand and agree that under no circumstances shall we be held liable for (a) interruption of business; (b) delays or interruptions of your access to the Website; (c) data modification and failures of any sort, including, without limitation, transmission of computer viruses or malware, system failures or malfunctions; (d) loss or damages of any sort incurred as a result of dealings with third-party links on the Website or links to the Website from third-party internet resources; (e) any inaccuracies or omissions in Website Content; (f) any Customer Content that may be inappropriate, inaccurate, objectionable, or unsuited for your purposes; or (g) any other events beyond our reasonable control.
Limitation of Liability
You agree and warrant that in no event will our liability in connection with any order or other Services provided by us exceed the total price charged for such order or Services.
To the maximum extent permitted by applicable law, we shall assume no liability for or any indirect, incidental, special, consequential or punitive damages of any nature (including, but not limited to, damages for loss of profits, goodwill, loss of business, loss of data or other information, for business interruption, for personal injury, loss of privacy) resulting from: (a) your use, misuse or inability to use the Website and its Services; (b) any conduct or statement by any third party, including without limitation, any defamatory, offensive or illegal conduct by other users; (c) unauthorised access to or alterations of your transmissions or content, whether or not arising from any negligence on our part.
We accept no liability for any delay or failure to perform our obligations under these Terms & Conditions if such a delay or failure is due to circumstances beyond our reasonable control.
You understand and warrant that, when accessing and using the Website, you shall at all times adhere to and comply with these Terms and Conditions, act in accordance with law, customs and in good faith. You are prohibited from making any changes or alterations to the Website and its contents whether or not these changes or alterations result in impairment of integrity and operations of the Website. You must not interfere with or disrupt (or attempt to interfere with or disrupt) any servers or networks connected to the Website. Should your wilful, unintentional or negligent non-compliance with or breach of any and all of these Terms and Conditions, result in us incurring any damage or loss you shall be liable for such loss and/ or damage in full amount.
We reserve the right to suspend or terminate the operation of the Website at any time at our sole discretion without any notice or liability to you.
If you have any questions about these Terms & Conditions, please contact us by email at firstname.lastname@example.org
Kids de World PLT (“WE”, “US”, “OUR”) provides and operates the content and the supply of products and related services (“the Services”) available at www.kidsdeworld.com website (“the Website”) subject to our Terms & Conditions. These Terms and Conditions govern all transactions between us and any person (“YOU”, “YOURSELF”, “YOUR” or “the Customer”) accessing and/or using the Website, its content and the Services.
This Privacy Notice applies to information, including personal data, collected about you by us pursuant to the statutory requirements of the Personal Data Protection Act 2010 (“PDPA”).
We may update our Privacy Notice from time to time to comply with relevant legislation in the Website. By accessing and/or using the Website and/or communicating with us, you acknowledge that you have read, understood and accepted any changes in our Privacy Notice.
Personal data is information extracted from commercial transactions that can reasonably identify you. The type of personal information we may collect and use include but are not limited to your name, postal address, phone number, date of birth, gender, race, religion, marital status, identity card or passport number, bank account and/or credit card number, occupation, images (photographs), location. Should you choose to disclose any personal information about your children or dependents to us that information will be regarded as part of your Personal Data.
Source of Your Personal Data
We collect Personal Data about you the following ways:
Direct: Personal Data is provided to us by you
when you create an Account with us and/ or place an order;
when you contact us via our social media accounts such as Facebook, Instagram or other social media platforms where our official accounts are available;
when you contact our staff or customer service, or submit Customer Content to the Website;
when you submit personal information to us through customer satisfaction surveys, marketing activities and events both online and in person.
Indirect: some Personal Data becomes available to us automatically when you access and/or use the Website. Such data belongs in the category of IT information and includes, without limitation, your IP address, the last web page you visited before accessing the Website. This information is collected and provided to us by internet servers. If you do not wish to share with us certain IT information please refer to the privacy settings on your browser and/or device.
Some Personal Data, such as your name, contact information, address and payment details are essential for us to fulfil our obligations to you. Should you choose not to share these information with us we won’t be able to conclude our contract with you.
Use of Personal Data
The primary purpose of collecting your Personal Data is for its use in the normal course of the general business between us and you including but without limitation to the following:
(a) to process your order to purchase our products and/ or services;
(b) to process returns and exchanges you requested;
(c) to provide you with customer service support and/ or respond to any feedback in any form we receive from you;
(d) to administer customer loyalty programmes;
(e) to maintain our internal administration records;
(f) to conduct market research and analysis;
(g) to facilitate your participation in our events, promotions and any other marketing campaigns;
(h) to develop, improve, and enhance the quality of our service;
(i) to comply with laws and regulations regarding detection and prevention of fraudulent and other illegal activities;
(j) to facilitate any other lawful business related activities in compliance with PDPA.
Additionally, the Personal Data may also be applied for purposes that are entirely optional for you. You may choose to agree to, decline, or revoke your consent at any time with the effect for the future about these optional purposes. Such purposes include
(a) sending you marketing materials such as newsletters, sale and promotion alerts;
(b) sending you personalized communications about our products and services based on your purchase history;
(c) informing you about new products available on our Website;
(d) inviting you to participate in our marketing events, market and quality control surveys;
(e) communicating any other information about our products and services that we believe might be of interest to you; and are communicated to you by way of email, SMS, social media direct messages and/ or other messenger services at our disposal.
Personal Data Disclosure
We may disclose your Personal Data collected, stored and processed by us to some third parties as and when required by national and international law. We may also disclose your Personal Data to third parties in accordance with relevant contractual relationship we may have. The third parties mentioned in this provision include, without limitation,
(a) government departments, agencies, regulatory bodies, law enforcement entities;
(b) companies we enter into contractual relationship with for a specific service (e.g. insurance companies, financial institutions and banks, marketing agencies, IT service providers, consultants, external auditors and lawyers).
Note that those third parties appointed by us for a specific service may only use your Personal Data for the purpose of performing the specific function they were hired for under a contract and may not use it for any other purpose. Non-disclosure agreements between us and such third parties may apply where we deem fit.
Access to Personal Data
You have the right to:
a) check whether we hold personal information about you and have access to such data;
b) to require us to update or correct any data relating to you which is inaccurate;
c) to restrict the processing of your Personal Data to the extent that is legally permitted under Malaysian law; and
c) to withdraw your consent to receiving direct marketing communications.
If you wish to make any changes to your Personal Data or restrict the processing of your Personal Data, kindly contacts us as per the details at the end of this Notice. We reserve the right to refuse access or amendment of Personal Data for the reasons provided under Malaysian law.
Our Website allows you to change certain Personal Data you provide to us, such as your name and contact information. You may access and make desired changes by logging into your Account. You have the right to terminate your Account with us and remove your Personal Data from the Website. However, we will retain archived copies of your Personal Data as per the present Privacy Notice and in accordance with the relevant legislation.
Changes to this Privacy Notice
We reserve the right to modify and/or amend our Privacy Notice at any time without prior notice. Any modification or amendments to our Privacy Notice will take immediate effect upon their posting on the Website. Your continued access and/or use of our Website following any changes to our Privacy Notice convey your acknowledgement and acceptance of the revised Privacy Notice.
Acknowledgement and Consent
By submitting or sharing your Personal Data with us and/or by continuing to use our Website and our Services you warrant that you have read and understood our Privacy Notice and gave your consent to us to collect, store, process, disclose and use your Personal Data in accordance with the provision set forth by this Notice and Malaysia law. You further understand and agree that you may withdraw your consent at any time, as outlined by this Privacy Notice.
Should you have any questions regarding our Privacy Notice or wish to access or correct your Personal Data shared with us or withdraw your consent kindly contact us by email at email@example.com