TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The use of the site at https://www.dondondonki.com/my/ or any other site owned or maintained by Pan Pacific Retail Management (Malaysia) Sdn. Bhd., (collectively, "Website") a private limited company incorporated under the laws of Malaysia (“PPRM”), is governed by the policies, terms and conditions set forth below (collectively, these “Terms and Conditions”). Please read them carefully and be certain you understand them prior to using the Website. Your use of the Website signifies your acknowledgement, understanding and acceptance of the Terms and Conditions set forth below. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

1. Privacy

BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT YOU HAVE READ THROUGH OUR PRIVACY POLICY, AND CONSENT TO PPRM COLLECTING, USING, DISCLOSING, PROCESSING, RECORDING, HOLDING, STORING AND/OR TRANSFERRING YOUR PERSONAL DATA IN ACCORDANCE AND FOR THE PURPOSES SET FORTH THEREIN AND TO BE BOUND BY THE TERMS OF OUR PRIVACY POLICY.

2. Intellectual Property

2.1. The entire content included in the Website, including but not limited to text, graphics or code is copyrighted as a collective work under Malaysia, and other copyright laws, and is the property of PPRM. The collective work includes works that are licensed to PPRM. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to purchase PPRM products. Any other use, including but not limited to the reproduction, distribution, display or transmission or otherwise preparing derivative works or display of the content of the Website is strictly prohibited, unless authorized by PPRM. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.

2.2. All trademarks, service marks and trade names of PPRM used in the Website are trademarks or registered trademarks of PPRM.

2.3. All trademarks, product names and company names or logos used in the Website are PPRM's property or that of their respective owners. No permission is given by PPRM in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

3. Disclaimer and Limitation of Liability

3.1. THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PROVIDED WITH AND due care and skill, OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

3.2. PPRM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE.

3.3. Without limiting the generality of the above, PPRM DOES NOT REPRESENT OR WARRANT THAT:
(A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA;
(B) THE WEBSITE, PPRM’S PRODUCTS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, merchantable or fit for any particular purpose;
(C) any services provided through the website (whether or not provided by PPRM) OR OTHER services OBTAINED BY YOU THROUGH THE WEBSITE will be provided with due care and skill;
(D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE;
(E) ERRORS OR DEFECTS WILL BE CORRECTED;
(F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(G) THE USE OF THE WEBSITE WILL BE COMPLIES with laws or internal regulations of your jurisdiction.
3.4. To the extent permitted by law, PPRM, ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS SPONSORS exclude all liability FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE, EVEN IF PPRM MALAYSIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

3.5. Although PPRM attempts to ensure the integrity and accuracy of the Website, it makes no guarantee whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform PPRM so that it can be corrected. Information contained on the Website may be changed or updated without notice.

4. Third Party Interactions

4.1. In an attempt to provide increased value to our visitors, the Website may link to sites operated by third parties. However, even if the third party is affiliated with PPRM, PPRM has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. PPRM shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. PPRM does not endorse any third party sites on the Internet that are linked through this Website. PPRM provides these links to you only as a matter of convenience, and in no event shall PPRM be responsible for any content, products, or other materials on or available from such sites.

4.2. While PPRM provides products to you pursuant to these Terms and Conditions, you recognize that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

4.3. Without prejudice to the paragraph above, PPRM seeks to protect the integrity of the Website and the links placed upon it and therefore requests any feedback on the Website, without limiting to the sites linked to the Website (including in the case where a specific link does not work).

5. Territory

The materials on this Website are directed solely at persons accessing the Website from Malaysia. We make no representation that any product or service referred to on this Website is available, or appropriate for use for any other location.

6. Use of Website

6.1. Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is forbidden.

6.2. Impersonation of others, including a PPRM or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited.

6.3. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

6.4. Unless authorized by PPRM, you may not use the Website for commercial purposes, upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

6.5. You may not use the Website in a way which affects the intended operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.

6.6. You may not use the Website in a way which infringes or may infringe PPRM or any third party’s intellectual property rights such as copyright, trademark, or patent; right to privacy; right of publicity; or reputational right.

7. Participation Disclaimer

7.1. PPRM does not and cannot review all communications and materials posted to or created by users accessing the site, and will not be in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, the Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.

7.2. Without prejudice to the paragraph above, PPRM reserves the right to block or remove communications or materials that it, in its sole discretion, determines to be: (A) abusive, defamatory, or obscene;
(B) fraudulent, deceptive, or misleading;
(C) in violation of a copyright, trademark or other intellectual property right of another; or
(D) offensive or otherwise unacceptable to PPRM.

8. Indemnification

8.1. You will indemnify and hold PPRM, its parent, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by you, including any use of the Website other than as expressly authorized in these Terms and Conditions.

8.2. You agree that the Indemnified Parties will have no liability in connection with any breach of these Terms and Conditions or unauthorized use of the Website by you, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.

8.3. You will indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Website including your use of the information accessed from the Website.

9. Notice

PPRM may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to PPRM.

10. Typographical Errors

PPRM attempts to display the products and other materials and information you view on the Website, including pricing and product information, as accurately as possible. However, we do not guarantee the accuracy of such materials and information. In the event that a product is mistakenly listed at an incorrect price, PPRM reserves the right, but undertake no duty, to review, edit or otherwise change this Website and any information contained on this Website at its sole discretion and without notice.

11. Modification to Terms

PPRM reserves the right to modify these Terms and Conditions or its policies relating to its products and services at any time, effective upon posting of an updated version of these Terms and Conditions on the Website. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Website after any such changes shall constitute your consent to such changes.

12. General

12.1. You are 18 years of age or older.

12.2. Your use of the Website shall be governed in all respects by the laws Malaysia. You agree that all disputes arising from or in connection with the Website shall be subject to the exclusive jurisdiction of the Malaysia courts.

12.3. You agree that any course of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, to the extent as permitted by law.

12.4. No joint venture, partnership, employment, or agency relationship exists between you and PPRM as a result of this Agreement or use of this Website.

12.5. The failure of PPRM to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision or similar rights or provisions in future unless acknowledged and agreed to by PPRM in writing.

12.6. These Terms and Conditions, together with any applicable forms and policies, comprises the entire agreement between you and PPRM and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

12.7. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

12.8. PPRM, may, in its sole and absolute discretion, suspend, terminate, or cease to provide access to all or any portion of the Website, its services, contents and information. PPRM shall not be liable for any loss suffered by you arising from its exercise of such discretion.

12.9. You shall not assign or otherwise deal with your rights and obligations under the Agreement whether in whole or in part without PPRM's prior written consent. PPRM may assign its rights and obligations or appoint any third party to perform any of its obligations under the Agreement.

12.10. PPRM shall not be responsible for any breach of these Terms and Conditions caused by any acts of god, strikes, fire, pandemics, epidemics, riot, strikes, lockouts, any law, order, proclamation, regulation, demand or requirement of the government of Malaysia or of any of its government agencies, insurrection, riot, civil commotion, war, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, mechanical breakdown, delay in transit, failure or problems with public utility supplies including electrical, telecommunication or Internet failure or by any other circumstances beyond its reasonable control.

If you have questions regarding these Terms and Conditions or wish to obtain additional information, please send an e-mail to support.my@dondondonki.com.