TERMS OF SERVICE
Thank you for visiting Poshiesgonuts.com Malaysia! Poshiesgonuts.com products and services are provided by Poshies Lifestyle Enterprise. These Terms of Service ("Terms") govern your access to and use of the websites, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing the Site and placing your order(s) with us, you are deemed to accept the terms and conditions herein (on behalf of yourself or the entity that you represent). In this regard, you represent and warrant that you have the right, authority and capacity to enter into this transaction (on behalf of yourself or the entity that you represent) with us.
1. Definition
"Account" means the Signature Market Account that you will need to register for on the Site if you would like to be our existing customer;
"Customer" means any individual who places an Order on the Site, or individual who participated in our contest or campaign;
"Order" means the Order submitted by you to the Site to purchase a Product from us;
"You" means the Customer who places an Order or participated in our campaign;
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; References to "includes" or "including" or like words or expressions shall mean without limitation.
2. Price and Payment:
Where applicable, prices are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.You may order any of the product(s) offered (including without limitation, a la carte or gift) by following the directions of purchase provided on the Site.You can pay using any of our payment partners listed on our homepage. Similarly you can pay all or part of your Order using store credit or a promotional voucher, where applicable.
No amendments are allowed after payment has been processed, kindly check and ensure that your delivery details and ordered/purchased item(s) are correct before making the payment. For the avoidance of doubt, we shall not be held responsible/liable for any products ordered from other channels/methods aside from the Site. All orders made for clearance items are non-refundable and non-exchangeable.
Free gift that comes with your Order will be shown in the shopping cart (if any).Free gift may be substituted with similar items of equal value according to stock availability without prior notice to you. All free gifts are non-refundable, non-exchangeable, subject to availability and first come first served basis.
3. Using Poshiesgonuts.com
You may use our Products only if you can form a binding contract with Poshiesgonuts.com, and only in compliance with these Terms and all applicable laws. When you create your Poshiesgonuts.com account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organisation, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorised to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products. If you want to use our Products for commercial purposes you must create a business account and agree to our Business Terms of Service.
4. Order or Products Complaints
4.1 Should there be mistakes in your Order(s) due to packing errors (i.e. missing product/wrongly packed order), kindly proceed to inform our Customer Care Team within 7 days from the date of receiving your parcel. Our team will proceed to carry out remedial action after checking and verifying your claim. We will not entertain any claims which are brought to our attention after the expiry of 7 days from the date of receiving your parcel.
4.2 For any dissatisfaction regarding the quality of our product(s) (i.e. spoilt, past expiry date etc), kindly contact our Customer Care Team within 30 days from the date of receiving your parcel. Our team will proceed to check and verify your claim and carry out remedial action. We reserve our rights not to entertain any claims which are brought to our attention after the expiry of 30 days from the date of receiving your parcel.
4.3 Should you receive a broken/damaged product, kindly contact our Customer Care Team within 7 days upon the date of receiving your parcel. Our team will proceed to check and carry out remedial action. We will not entertain any claims which are brought to our attention after the expiry of 7 days from the date of receiving your parcel.
5. User Content
Poshiesgonuts.com allows you, review, comments, queries and other matters. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Poshiesgonuts.com.
You grant Poshiesgonuts.com and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content on Poshiesgonuts.com solely for the purposes of operating, developing, providing, and using Poshiesgonuts.com Products. Nothing in these Terms shall restrict other legal rights Poshiesgonuts.com may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
Following termination or deactivation of your account, or if you remove any User Content from Poshiesgonuts.com, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Poshiesgonuts.com and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Poshiesgonuts.com.
6. User Content - Business Use
Poshiesgonuts.com allows you to post content, including photos, videos, articles, events and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Poshiesgonuts.com.
You grant Poshiesgonuts.com and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content on Poshiesgonuts.com solely for the purposes of operating, developing, providing, and using Poshiesgonuts.com Products. Nothing in these Terms shall restrict other legal rights Poshiesgonuts.com may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
Following termination or deactivation of your account, or if you remove any User Content from Poshiesgonuts.com, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Poshiesgonuts.com and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Poshiesgonuts.com.
We value hearing from our users, and are always interested in learning about ways we can make Poshiesgonuts.com more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Poshiesgonuts.com does not waive any rights to use similar or related Feedback previously known to Poshiesgonuts.com, or developed by its employees, or obtained from sources other than you.
7. Security
We care about the security of our users. While we work to protect the security of your content and account, Poshiesgonuts.com cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account.
8. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Poshiesgonuts.com. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Poshiesgonuts.com, you do so at your own risk and you agree that Poshiesgonuts.com will have no liability arising from your use of or access to any third-party website, service, or content.
9. Termination
Poshiesgonuts.com may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by all Sections of these Terms.
10. Indemnity
If you use our Products for commercial purposes in violation of Section 1, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Poshiesgonuts.com and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
11. Disclaimers
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. Poshiesgonuts.com specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Poshiesgonuts.com takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
12. Limitation of Liability
Poshiesgonuts.com shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the products; (b) any conduct or content of any third party on the products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of your transmissions or content.
13. Governing Law and Jurisdiction
These Terms shall be governed by the laws of Malaysia. Our Products are controlled and operated from Malaysia, and we make no representations that they are appropriate or available for use in other locations.
14. General Terms
Notification Procedures and changes to these Terms. Poshiesgonuts.com reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Poshiesgonuts.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability: These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Poshiesgonuts.com in connection with the Products, shall constitute the entire agreement between you and Poshiesgonuts.com concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Poshiesgonuts.com's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
