The website located at www.crocsmalaysia.com.my (the "Site") is a copyrighted work belonging to Pinang Medical Supplies Sdn Bhd ("Company", "us", "our", and "we"). Company markets, sells and delivers healthcare and wellness products to customers via post. Certain features of the Services or Site may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
1.1 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with Pinang Medical Suppliesl Sdn Bhd ("Company Account") or proceed as a guest and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy of such information as such may change from time to time. Pinang Medical Suppliesl Sdn Bhd may suspend or terminate your account in accordance with Section 9.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Pinang Medical Suppliesl Sdn Bhd of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Pinang Medical Suppliesl Sdn Bhd cannot and will not be liable for any unauthorized use of your Account or loss or damage arising from your failure to comply with the above requirements.
2. Payment Terms
2.1 Ordering Services. You may order any of the Products offered following the directions on the Site. Pinang Medical Suppliesl Sdn Bhd may change the pricing for any portion Products (from time to time in its sole discretion) by updating the Site and without any additional notice to you. Pinang Medical Suppliesl Sdn Bhd may periodically send you discount coupon or voucher at no additional cost to you.
2.2 Payment Terms. If you order Products, you agree to pay the then-current applicable Service fee or price per product and any applicable shipping charges all as listed on the Site. You hereby authorize Pinang Medical Suppliesl Sdn Bhd to bill your credit card as described above. Fees are not inclusive of all taxes, levies, or duties imposed by taxing authorities. If there are taxes applicable for your country, we will impose it at checkout. If any fee cannot be charged to your credit card for any reason, Pinang Medical Supplies Sdn Bhd may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then Pinang Medical Suppliesl Sdn Bhd may immediately terminate the applicable Product.
2.3 Title and Risk of Loss. All items purchased from Pinang Medical Suppliesl Sdn Bhd are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
4. User Content
Additionally, you agree not to:
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third Party Sites & Ads; Other Users
The site and services are provided "As-is" and "As available" and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the site or services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
8. Limitation on Liability
In no event shall we (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the site or services, even if we have been advised of the possibility of such damages. Access to, and use of, the site and services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.
Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty us dollars ($50) or (b) amounts you've paid company in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you.