Terms of Service
SoTipsy Terms & Conditions
Refunds & Returns
SoTipsy Terms & Conditions
Health Warning: Meminum Arak Adalah Merbahay Untuk Kesihatan
Excessive alcohol consumption is harmful to your health.
1.1. Premium Platform Sdn Bhd (Company No:1319375-M) (hereinafter referred to as “we”, “us” or “our”) has developed a platform or site known as “SOTIPSY” (“site”).
1.2. The purpose (“services”) of this site is to provide a platform to the user (“you”) to purchase Alcohol products ranging from spirits, wine and beers (“product”). Take note that, the site only provides a platform to you to purchase the alcohol and at no point of time it assumes the liability whatsoever and howsoever on the quality of the product and delivery of the product.
1.3. If you are not above 21 years old and / or practices Islam as your religion LEAVE the site IMMEDIATELY. If you continue to use the site despite being 21 years old or Muslim practise the religion of Islam you use the site on your own risk and the site shall not be responsible howsoever or whatsoever to you and you shall be additionally liable to the Laws of Malaysia.
1.4. You expressly agree and confirm that you have read and understood the terms and conditions of the site appended herein below prior to the access and / or using the site, and you understand and agree to the effects of this Agreement, and then you entered into this Agreement on your such understanding and consensus on upon the terms and conditions of the site appended herein free of any element of duress, misrepresentation, fraud and / or mistake.
1.5. We reserve the right to change, modify, suspend or discontinue all or any part of the site or the services at any time or upon notice as required by local laws. We may release certain services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, site or services in its sole discretion and without notice or liability.
1.6. We reserve the right to refuse to provide you access to the site or services or to allow you to open an Account for any reason.
1.7. Your Agreement with the site is only limited to the usage of the site as platform for the purchase of the products. Any Agreement and / or Contract made towards purchasing the product is strictly between you and the independent, licensed alcohol beverage retailers, and other licensees with retail privileges, ("Licensed Retailers"). The site has NO PRIVITY of contract with you.
1.8. If you do not agree to the terms and conditions of the site appended herein below, you shall not access and / or use the site / services.
02. Our services
2.1. Our Services enable you to search for alcohol beverages and other products and place and schedule orders with the Licensed Retailers for the purchase and sale of such beverages and products, among other things.
2.2. All orders placed through the App or the site are accepted, reviewed, and ultimately fulfilled by Licensed Retailers. All sales are solely transacted between you and Licensed Retailers. Each product listed on us is not an offer to purchase such product but an invitation to make an offer by placing an order. You acknowledge and agree that we do not sell, offer to sell, invite to sell, or solicit any offers.
2.3. In all instances, all sales are advertised, accepted, made and delivered by licensed retailers who receive all orders and offers. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. We do not sell or deliver alcohol beverages.
2.4. No part of the Services is intended to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any Licensed Retailer or any improper exclusionary practices by any alcohol beverage licensee.
3.1. In this Agreement, unless the context otherwise requires:
- a) words denoting the singular number include the plural and vice-versa, words denoting a gender include every gender, words denoting natural persons include bodies corporate and unincorporated;
- b) references to any legislation or to any provision of legislation shall include any modification or re-enactment of that legislation or any legislative provision substituted for, and all regulations and statutory instruments issued under such legislation are or provision;
- c) headings to the Clauses of this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement;
- d) where a word or a phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
- e) references to any Party to this Agreement or any other agreement or instrument shall include the Party's successors and permitted assigns;
- f) references to any agreement or instrument shall include references to such agreement or instrument as amended, novated, supplemented, varied or replaced from time to time;
- g) references to Ringgit Malaysia or "RM" shall be taken as referring to amounts in Malaysian currency; and
- h) all schedules and annexures to this Agreement and its recitals and all certificates and other agreements delivered pursuant to this Agreement shall form a part of this Agreement.
3.2. All warranties, representations, indemnities, covenants, agreements and obligations given or entered into by more than one person are given or entered into jointly and severally.
04. License Grant
4.1. We hereby grant you the license to use the site / services conditionally and revocable subject to the terms and conditions appended hereinbelow.
4.2. Your license is revocable, if you (a) are not above 21 years old, (b) if you are a Muslim practising Islam.
4.3. Your license shall in no way authorize and / or allow you to use the license other than to purchase the products in this site.
4.4. You expressly agree that this license shall not be used for any unlawful means contrary to Malaysian Law.
By using the site / services, you warrant that:
5.1. You will only use the site for your sole and personal use and will not resell the products to a third party;
5.2. You will not authorize others to use your account;
5.3. You will not assign or otherwise transfer your account to any other person or legal entity;
5.4. You will not use an account that is subject to any rights of a person other than you without our authorization;
5.5. You will not use the site / services for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
5.6. You will not use the site / services to cause nuisance, annoyance or inconvenience;
5.7. You will not impair the proper operation of the site;
5.8. You will not try to harm the site in any way whatsoever;
5.9. You will not copy, or reproduce the site or its content;
5.10. You will keep secure and confidential your account password or any identification we provide to you which allows access to the site / service;
5.11. You will provide us with whatever proof of identity we may reasonably request;
5.12. You will not use the site / service with an incompatible or unauthorized device;
5.13. You will comply with all applicable law of Malaysia;
5.14. We reserve the right to immediately terminate your use / access to the site / services should you not comply with any of the above rules.
06. Limitation on the Usage of the Site / Services
6.1. You shall not use the Site / Services for any of the following purposes: -
- a) for any unlawful purpose including, and without limitation, criminal purpose;
- b) to infringe the laws of Malaysia or any other applicable laws and the subsidiary legislations passed there under;
- c) to commit any activities which compromise or adversely affect the reputation and goodwill of us;
- d) to transmit, publish, make available or receive any materials of any kind which is offensive on moral, religious, racial, political or other grounds or unlawful, threatening, harmful, abusive, harassing, defamatory, seditious, indecent, false, menacing, obscene, profane or hateful;
- e) to introduce, assist and/or attempt to introduce any virus, malicious code or any other harmful component to the site;
- f) to infringe or facilitate the infringement of any intellectual property right(s) or other right(s) of us;
- g) to gain unauthorized access or to attempt to access to any computer system connected to the Internet, electronic communications system, telecommunications system or any information regarded as private and confidential by any other person including a company or any corporation thru the usage of our site / service;
- h) to interfere or cause any interference to the site / service, services to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system or broadcast attacks; or
- j) which is in breach of any express or implied obligation to us.
07. Purchase of Products
7.1. The range of products offered by us are as follows: -
- a) Range of Spirits;
- b) Range of Wine;
- c) Range of Beer;
- d) Range of Mixers (inclusive of beverages and snacks).
(individually referred to as product and collaterally referred to as products)
7.2. Notwithstanding the above, the purchase of product(s) (as the case may be) by you from the licensed retailers through the site is always subject to the availability of the same, wherein the availability of the ordered product will be stated in the site.
08. Price of Products
8.1. Price of Product are not in any point of time controlled by licensed retailers, wherein the price from the same product(s) may differ if it comes from distinct licensed retailers.
8.2. Subject to Purchase of Products (Clause 8) the price of product(s) purchased shall differ from time to time to commensurate by the licensed retailers.
8.3. Notwithstanding the above, each price of product will be stated and made available in the site.
09. Payment Method
We accept Visa, MasterCard, Debit Cards, and FPX. Cash payment is accepted.
10. Processing and Delivery of Products
10.1. We provide a delivery service only, for local liquor stores (“Retailers”), through which all orders and purchases are processed. We do not hold a license to sell alcohol, nor is it a licensed retailer. At the time you purchase alcoholic beverages or other items, you are purchasing those items from a licensed retailer, and your credit card will be charged by a third-party credit card processing provider who will transfer and deliver the funds to the Retailers.
10.2. Neither us, nor any officer, director, employee, shareholder or our agent shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.
10.3. By completing an order through the site, you agree that you are 21 years of age or older and that you will be present to accept the delivery of alcoholic beverages. You agree that you will not be intoxicated when receiving delivery of such products. If you are sending a gift, you agree that the recipient is an individual 21 years of age or older.
10.4. All deliveries including alcoholic beverages must be accepted by the account holder, who is capable of proving that he or she is 21 years of age or older and can provide a valid form of government issued identification at the time of delivery.
10.5. If there is no individual who is 21 years of age or older or cannot provide valid identification showing that he or she is 21 years of age or older or Muslim practices Islam, the delivery driver (“Courier”) will not complete delivery of the Products. Additionally, if the Courier is unable to contact you or the account holder at the specified delivery address for 15 or more minutes, all Products will be removed from the order and returned to the Retailers and a RM 20 restocking fee will be charged to User’s credit card and the original order balance will be returned to User.
10.6. The Courier reserves the right to refuse to deliver Products for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly intoxicated or to specific locations for safety reasons. Products cannot and will not be left unattended for any reason. Any Retailer reserves the right to not accept any order for any reason.
10.7. Delivery times are subject to our Retail Partner Network and other variables such as time of day, order volume, and traffic conditions. In most areas, deliveries take under an hour.
10.8. We do not guarantee delivery times as there could always be external factors that may delay orders.
10.9. “Get It Now” on-demand orders are placed to the store and packed immediately upon reception and cancellations or rescheduling requests can be made either within 5 minutes of placing an order or before the driver leaves the store or you can do this by calling the store(s) directly.
10.10. If an order has already left the store, cancellations are not guaranteed and could be subject to up to RM20 restocking fee to account for the cost of labour, gas, and time at the discretion of the retail partner.
10.11. We cannot guarantee a delivery to anyone other than the intended recipient and additional layer added to delivery can increase the liability and risk that the product may be misplaced.
10.12. If our mover cannot get in touch with you to make delivery, you will receive a notification via e-mail to contact the store and you may be charged for redelivery at the store’s discretion.
10.13. If the store does not hear from you by the end of the day, it may be held at a local hub for pick up before refunded for your order. Please take note that the store reserves the right to charge a restocking and storage fees for the cost of time, gas and labour.
11. Delivery Fee & Handling Fee
11.1. Any fees that we may charge you for the site or services, are due immediately and are non-refundable. We, at our sole discretion, may make promotional offers with different features and different rates to any users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the services or the site without notice.
11.2. Subject to Purchase of Products, Price of Products and Delivery of Products (Clause 7, 8 and 10) every Purchase of Product(s) shall carry a Delivery Fee and Handling Fee.
12. Return / Replacement/ Refund
12.1. Returns are processed by the local store and are subject to their individual policy. Please contact customer support by way of e-mail and they will be able to follow up with the store you ordered through for their specific process.
12.2. If there is any issue with the delivered Products, you shall immediately submit a return form to us by way of e-mail to the email address [email protected] and in any event such form shall be lodged within 7 days after receipt of the Products. A reference number will be issued to you upon the receipt of the return form by us. We reserve the right to refuse any returned Product where a return form is not submitted or attached.
12.3. Return and refund are not accepted once the order has been received by a verified customer/recipient if the incorrect item is delivered or the item is spoiled, contaminated or consumed by the customer unless the customer lodge a complaint through the complaint form within 7 days.
12.4. All returns must be done in accordance with the instructions set out herein below. We are not obliged to agree to any return unless all such instructions are followed to our satisfaction. Should we agree to the return, we will deliver the replacement Product to your specified address.
12.5. You may return the product(s) to the delivery company at the moment they deliver the product(s) to you when you:
- a) receive a Product that is fundamentally different in nature from the Product specified in clause 8;
- b) receive a faulty or damaged Product;
- c) receive a Product that is not as advertised on the site;
- d) wrong Product is delivered.
12.6. We may within (2) weeks (estimated time) from the receipt of return Product deliver the same Product to you as specified in clause 8 above upon approval of the licensed retailers.
12.7. Notwithstanding clause 12.5 above, any replacement of the Product shall be subject to the availability of the Product from the seller. In any event, if the returned Product is not available to be replaced you may choose any other available Product offered by the seller in the site which commensurate the price paid by you to the returned Product.
13. Risk and Property of the Goods
13.1. Risk of damage to or loss of the Product shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the Product, at the time when we have tendered delivery of the Product.
14. Limitation Liability
14.1. The information, recommendations and/or services provided to you on or through the site is for general information purposes only and does not constitute advice.
14.2. At all point of time our site operates on the basis of invitation of treat, wherein we make no offer to you. The offer is made by you to the licensed retailers by the usage of the site / services.
14.3. We will reasonably keep the site and its contents correct and up to date but does not guarantee that (the contents of) the site is free of errors, defects, malware and viruses or that the site is correct, up to date and accurate.
14.4. We shall not be liable for any damages resulting from the use of (or inability to use) the site but to the inclusive of death or personal injury thru the consumption of the product(s) from the site, wherein such damages shall be targeted to the seller), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the site.
14.5. We shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the site, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
14.6. We under no circumstances accepts liability in connection with and/or arising from the transportation services provided by the mover or any acts, actions, behaviour, conduct, and/or negligence on the part of the mover’s despatch.
14.7. Neither us nor the fulfilling licensed retailer nor the shipping or delivery company used by the licensed retailer shall be liable for any damages to goods caused by weather conditions and other "acts of god" during transportation.
14.8. Weather conditions may change at any time, so us the fulfilling licensed retailer or the shipping or delivery company used by the licensed retailer cannot assume liability for damage caused by changes in weather during transportation. "acts of god" include unforeseeable delays or accidents, public unrest, confiscation and natural disasters.
14.9. Return / Replacement set out in Clause 12 are your sole and exclusive remedies against us.
14.10. Notwithstanding any other provision of these terms & conditions of sale, our maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of product shall not exceed the sums that you have paid to the licensed retailers under for the purchase of the Product(s).
15. Intellectual Property
15.1. Unless the prior written consent of us has been obtained, you shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
15.2. You agree and acknowledge that the Product(s) shall remain the property of Seller or its licensors.
15.3. You further agree that any and all Intellectual Property embodied in or relating to the Product(s) shall remain the sole and exclusive property of the licensed retailers.
16. General Provisions
- a) No Joint Venture. Nothing contained in this Agreement will be construed as creating a joint venture, partnership or employment relationship between the parties hereto, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.
- b) No Assignment. Neither party may assign any rights or obligations under this agreement without the prior written consent of the other party.
- c) Good Faith. The parties shall act at all times in good faith and in the best interests of each other in executing and administering the project and safe guard mutual interest.
- d) Force Majeure. Neither party will be liable for performance delays or for non-performance due to causes beyond its reasonable control.
- e) Notices. All notices required under or regarding this Agreement will be in writing and will be considered given upon personal delivery of a written notice, electronic mailing or within five days of conventional mailing, postage prepaid and Application appropriately addressed.
- f) Waiver. Either party’s failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights.
- g) Severability. If any term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected.
- h) Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the Seller and you, and supersede any previous or contemporaneous communications, representations or agreements between the parties, whether oral or written, regarding the subject matter of this Agreement.
- i) Amendment. The terms and conditions of this Agreement may not be changed except by an amendment signed by an authorized representative of each party.
- j) Application applicable Law. This Agreement is made under and will be construed in accordance with the laws of Federation of Malaysia.
- k) Successors Bound. This Agreement shall be binding upon the personal representative, successor-in-title and permitted assigns of the parties hereto throughout the term and / or tenure of this Agreement.
- l) Time. Time wherever herein mentioned shall be deemed to be of the essence of this Agreement.
1. Premium Platform Sdn. Bhd. (Company No:1319375-M) (hereinafter referred to as “we”, “us” or “our”) is the controller of the processing of all personal data collected through this site and respects your privacy and complies with applicable privacy laws.
2. We only process personal data that a user voluntarily provides to the site. This information may include such user’s first and last name, e-mail address, date of birth, address and country of residence. We purpose in gathering and transferring such personal data will be to provide a user with services available on the site, for example to participate in a promotion or to give recommendations on the product(s) available on the site.
3. You hereby agree to be bound by any privacy law, regulation or rule as may be imposed by any legal, regulatory, governmental or statutory body, including but not limited to the Personal Data Protection Act, 2010.
4. We may from time to time, request for your information, and you shall provide us with the required information immediately.
5. You shall not cause, permit or allow the Customers’ Personal Data contained in the site log or data relating to its Customers including without limitation the Customers name, phone number or any other data capable of identifying the Customers to be copied, duplicated, transcribed, sold to, revealed to, or used by any other person or entity without our consent and / or the Customers.
6. You agree to use the highest standard of diligence to ensure that you and / or your representative who access the site from your devise observe the confidentiality of the Customers’ Personal Data and will prohibit any unauthorized access to, use or duplication of any of the Customers’ Personal Data in whole or in part.
7. You agree to notify us immediately of any unauthorized possession, use or disclosure of Customers’ Personal Data by any person or entity not authorised by this Agreement to have such possession, use or knowledge. You shall promptly furnish us full details of such possession, use or knowledge and will cooperate fully with us in any litigation against third parties deemed necessary by us to protect the Customers’ Personal Data.
8. Your compliance with this clause shall not be construed in any way as a waiver of our right to recover damages or obtain other relief against you for your willful act, omission or negligence resulting in harm, loss or damage to us.
9. For the purposes of this clause, “Personal Data” and “Data User” shall have the meaning as defined in Personal Data Protection Act 2010 (“PDPA”).
10. The transfer, storage and processing of data collected through the site is secured by means of current, usual technical measures. If your personal data has not been used for 12 months, we will delete your data.
11. We may transfer your personal data to its group companies and provide your personal data to third parties if needed to provide the services available on the site, which third parties will process your personal data according to our instructions and under the responsibility of us. We will not provide your personal data to any other third parties, unless there is a legal obligation to do so.
12. You can request us to access to your own data and also remove or delete the data.
13. The Parties agree that where, pursuant to this Agreement, any of the data/information which includes Personal Data are extended:
- a) to you by us and/or collected and/or processed by you on behalf of us, you agree not to conduct yourself, and to procure that your agents and / or representative, to not conduct themselves, in such a manner as to cause us to be in breach of its obligations (as a “Data User”) as stated in the PDPA.
- b) to us by you and/or collected and/or processed by us for and on behalf of you, wherein you;
- i) warrants that it is in possession of all necessary consents and shall continue to maintain such consents as may be required for the processing and transfer of data in relation to the provision of the product and/or Services herein; and
- ii) agree that it shall be the responsibility of you to advise us in writing should there be any relevant change in the information including the Personal Data supplied to us which requires action on our part.
14. In the event of disclosure of Personal Data by us to you: -
- a) you shall not disclose any Personal Data to any third party in any circumstances without our written consent. Where such consent is given by us, you shall take all reasonable steps to ensure that all such third party agents / representative of you comply with the Personal data Protection where they are processing any Personal Data on behalf of us and shall allow us reasonable access to such information by way of audit or otherwise as is necessary to ensure the you are complying with the above provisions and PDPA as a whole;
- b) you shall permit us and/or our representative to inspect and audit your data processing activities (and/or those your agents’ and / or representatives) and comply with all reasonable requests or directions by us to enable us to verify and/or procure that you are in full compliance with your obligations under this Agreement; and
- c) you shall provide us with full co-operation and assistance as reasonably requested by us, on your cost and expense, in relation to any Complaint or request made, including by:
- i) providing us with any information reasonably requested by us / our representative;
- ii) providing us with full details of the Complaint or request;
- iii) responding to us within the reasonable timescales required to ensure compliance with any data access request within the relevant timescales set out in the PDPA and in accordance with our instructions; and
- iv) providing us with any information reasonably requested by us.
- d) You shall also undertake not to cause or permit the Personal Data to be transferred outside of Malaysia without the prior written consent of us and where such transfer is permitted, to take measures to ensure the secured transfer of the Personal Data.
- e) You shall have enough technical and organizational security measures in place to protect the Personal Data from any loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction having regard to:
- i) the nature of the Personal Data and the harm that would result from such loss, misuse, modification, unauthorized access or disclosure, alteration or destruction;
- ii) the place or location where the Personal Data is stored;
- iii) any security measures incorporated into equipment storing the Personal Data;
- iv) the measures taken to ensure reliability, integrity and competence of the personnel and/or Application appointed agent having access to the Personal Data.
16. We may obtain personal information about you from various sources, including this site, when you call or email us or communicate with us through social media, or when you participate in events or other promotions. We also may obtain information about you from our parent, affiliate or subsidiary companies, business partners and other third parties.
17. The types of personal information we may obtain include:
- a) Your contact information (such as name, social media accounts, postal and email address, or phone number);
- b) Contact information of friends or other people you would like us to contact;
- c) Username and password for the account you may establish on our sites;
- d) Payment details (including payment card number, security code, expiration date, cardholder name and billing address);
- e) Shipping information (including the shipping address and phone number);
- f) Demographic information (such as age, date of birth and gender);
- g) Information you provide by interacting with us through social media, including photographs;
- h) Location information, such as the real-time geographic location of the device on which you access our site;
- i) Shopping behaviour and preferences, and a record of the purchases you make on our websites;
- j) Other details that you may submit to us or that may be included in the information provided to us by third parties.
18. In addition, when you visit the site, we may collect certain information by automated means, such as cookies and web beacons. A “cookie” is a text file that the site sends to a visitor computer or other Internet-connected device to uniquely identify the visitor browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server. We also may use third-party website analytics tools (such as Google), that collect information about visitor traffic on the site. The information we may collect by automated means includes:
- a) Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type);
- b) URLs that refer visitors to our sites;
- c) Dates and times of visits to our sites;
- d) Information on actions taken on our sites (such as page views and site navigation patterns);
- e) A general geographic location (such as country and city) from which a visitor accesses the site;
- f) Search terms that visitors use to reach the site.
19. We may use the information we obtain about you to:
- a) Register you for membership at the site, and manage and maintain your account on the sites;
- b) Provide products or services you request;
- c) Process, validate, confirm, verify, deliver and track your purchases (including by processing payment card transactions;
- d) arranging shipping and handling returns and refunds, and contacting you about your orders, including by telephone);
- e) Maintain a record of the purchases you make on our sites;
- f) Respond to your questions and comments and provide customer support;
- g) Communicate with you about our products, services, offers, events and promotions, and offer you products and services we believe may be of interest to you;
- h) Enable you to communicate with us through our blogs, social networks and other interactive media;
- i) Publish your testimonials about our site including on our websites and blogs, and on social networks (if we choose to publish your testimonial, we will include only your first name, last initial, city and state);
- j) Manage your participation in our events, sweepstakes and other promotions Tailor our products and services to suit your personal interests and the way visitors use the site,
- k) Operate, evaluate and improve our business and the products and services we offer;
- l) Analyze and enhance our marketing communications and strategies (including by identifying when emails sent to you have been received and read);
- m) Analyze trends and statistics regarding visitors’ use of our site, and social media assets, and the purchases visitors make on our sites;
- n) Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
- o) Enforce our Terms and Conditions;
- p) Comply with applicable legal requirements and industry standards and our policies.
21. We may combine the information we collect with publicly available information and information we receive from our parent, affiliate or subsidiary companies, business partners and other third parties.
22. We may use that combined information to enhance and personalize your shopping experience with us, to communicate with you about products, services and events that may be of interest to you, for other promotional purposes, and for other purposes described in this section.
23. We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
24. On the site, we may collect information about your online activities to provide advertising about products and services tailored to your individual interests. You may see certain ads on this and other sites because we participate in advertising networks.
25. Ad networks may include third-party ad servers, ad agencies, ad technology vendors and research firms. We are not responsible for the privacy practices of these third parties, and we encourage you to read their privacy policies, which may applicable only to these third-party programs.
26. Ad networks allow us to target our advertising to users through demographic, behavioural and contextual means. These networks track your online activities over time across third-party websites or online services by collecting information through automated means, including using cookies, web server logs, web beacons and other methods.
27. The networks use this information to show you advertisements for the site and our business partners that are tailored to your individual interests.
28. The information our ad network vendors collect includes information about your visits to the site that participate in the sellers advertising networks, such as the pages or advertisements you have viewed, and the actions you take on the sites
29. This data collection and ad targeting take place both on the site and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.
30. We do not sell or otherwise disclose personal information about you, except as described in this Privacy Notice. We may share the personal information we collect with our parent, affiliate and subsidiary companies, business partners, ad network vendors and their participants, and other third parties for the purposes described in this Privacy Notice, including to communicate with you about products and services, offers, events and promotions that we believe may be of interest to you. We also may share personal information with our service providers who perform services on our behalf. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
31. We also may disclose information about you
- a) if we are required to do so by law or legal process (such as a court order),
- b) in response to a request by law enforcement authorities, or
- c) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
32. We also reserve the right to transfer personal information we have about you in the event we sell, merge or transfer all or a portion of our business or assets. Following such a sale, merger or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
33. We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.
34. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information. In some circumstances, withdrawing your consent to us use or disclosure of your personal information will mean that you cannot take advantage of certain of our offerings or site features.
35. Here are the choices we offer:
- a) Sharing Information with Business Partners – You may direct us not to share your personal information with our business partners for those partners’ own purposes. To do so, please email us at [email protected] If you opt out, we will continue sharing your information as otherwise described in the “Information We Share” section of this Privacy Notice, including with our service providers, to fulfil your requests and to comply with legal requirements.
- b) Marketing Emails – You may choose not to receive marketing email communications from us by clicking on the unsubscribe link in the marketing emails or by adjusting your email preferences using the online account you may establish on our sites.
- c) Targeted Advertising – We may engage with advertising networks that are members of organizations or programs that manage the privacy choices these ad networks offer consumers. Please note that we also may work with ad networks that offer their own opt-out mechanisms and may not honour the opt-outs we linked above.
- d) Cookies – Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all of our sites’ features. In addition, disabling cookies may cancel opt-outs that rely on cookies, such as web analytics or targeted advertising opt-outs.
- e) Access and Correction – You may obtain a copy of certain personal information we maintain about you or update or correct inaccuracies in that information using the online account you may establish on the site. In addition, if you believe other personal information, we maintain about you is inaccurate, you may request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section of this Privacy Notice. If we deny an access request, we will notify you of the reasons for the denial.
- f) Comments – We have taken great measures to ensure that your visit to our Site is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns about our privacy practices, please contact us by email at [email protected]
36. This is a Malaysian website subject to Malaysian laws, including those governing the privacy and security of your information. When we obtain personal information about you, we may process the information outside of the country in which you are located, including in Malaysia. The countries in which we process the information may not have the same data protection laws as the country in which you are located. We will protect your information as described in this Privacy Notice.
37. We maintain administrative, technical and physical safeguards designed to assist us in protecting the personal information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we use Secure Sockets Layer encryption to protect certain of your purchase information while in transit.
38. Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.
39. To further protect yourself, you should safeguard your account user name and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to our site. Please note that we will never ask for your account user name or password via email.
40. This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our site to notify you of any significant changes to our Privacy Notice and indicate at the bottom of the notice when it was most recently updated.