JavaScript seems to be disabled in your browser. For the best experience on our site, be sure to turn on Javascript in your browser.
View All Other Brands >
TERMS OF USE
FVBazaar Fashion
FVBazaar Food
Please read these terms of use carefully before using the marketplace section within the FashionValet website at www.fashionvalet.com which offers a limited free listing of food & beverages (F&B)& fashion merchants with delivery for the Ramadhan / Raya 2021 season (“FVBazaar”). By visiting and using the FVBazaar section at https://dev2.fashionvalet.com/fvbazaar [A1] (“FVBazaar Fashion Section”), you agree to these terms of use which you acknowledge represents a legally binding agreement between you and us.
1. The FVBazaar
1.1 FashionValet Information
The FVBazaar is operated by Fashion Valet SdnBhd, addressed for business at No. 316 -3.22, Level 3, Glo Damansara, 699, Jalan Damansara, Taman Tun Dr Ismail, 60000 Kuala Lumpur, Wilayah Persekutuan, Malaysia (“FASHIONVALET”).
1.2 Use of FVBazaar and FVBazaar Fashion Section
These Terms and Conditions of Use (“Terms of Use”) apply to the FVBazaar located at FVBazaar Fashion Section and the services offered by FASHIONVALET. This FVBazaar Fashion Section is the property of FASHIONVALET and its licensors.
By visiting and using the FVBazaar in any manner including but not limited to visiting or browsing the FVBazaar, you agree to these Terms of Use including those additional terms and conditions, and policies referred to here and/or available by hyperlink which you acknowledge represent a legally binding agreement between you and FASHIONVALET.
These Terms of Use apply to all users and visitors of the FVBazaar Fashion Section and/or FVBazaar, including but not limited to users who are vendors, merchants, sellers, customers, buyers, contributors of content, information and other services and materials on the FVBazaar Fashion Section and FVBazaar.
If you are agreeing to these Terms of Use on behalf of or as a representative of a company or other organisation, you represent that you have the authority to bind that company or organisation to these Terms of Use, and the terms “you” and “your” will refer to that company or organisation.
FVBazaar services are only available to,and may only be used by individuals who are 18 and older who can form legally binding contracts under applicable laws.
If you are a minor, being someone who is under 18 years old, you can only use the FVBazaar Fashion Section and/or FVBazaar with the prior consent of your parents or guardian. In any event, by agreeing to use the Services on the FVBazaar Section, you represent and warrant that you are 18 years or above.
If you do not agree to these Terms of Use, do not have that authority, or are a minor and have not obtained the prior consent of your parents or guardian, please DO NOT USE the FVBazaar Fashion Section and/or FVBazaar.
By using the FVBazaar Fashion Section and/or FVBazaar Site, you understand that any information you send to the FVBazaar Fashion Section may be intercepted or read by third parties even where there is notification that the transmission is encrypted.
Additional terms and conditions may apply to the purchase of F&B Products and to specific portions or features of the FVBazaar, including promotions, contents or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions including where applicable, representing that you are of a sufficient legal age to use or participate.
You may not use the FVBazaar Fashion Section, FVBazaar or any Content for any purpose that is unlawful or prohibited by the Terms of Use, or solicit the performance of any illegal activity or other activity which infringes FASHIONVALET’s rights or rights of third parties.
All rights not expressly granted to you in these Terms of Use are reserved and retained by FASHIONVALET or its licensors. The right and licence granted to you in these Terms of Use will be terminated if you do not comply with these Terms of Use.
FASHIONVALET may at its sole discretion refuse to offer access to or use this FVBazaar Fashion Section to any person or entity and may change the eligibility criteria at any time without notice to you.
1.3 Definitions
These definitions apply in these Terms of Use unless the context requires a different interpretation:
“Affiliates” means any corporation, company, partnership, joint venture and/or firm which controls, is controlled by, or is under common control with a member of the FashionValet Group of Companies. For the purpose of this definition, “control” means the power, directly or indirectly, to appoint a majority of the directors or trustees of the other member, or to otherwise direct or cause the direction of the management, policies or power of the other member, whether through the ownership of voting shares, by appointment of directors, by contract or otherwise.
“Content” includes but is not limited to text, photographs, trademarks, music, artwork, computer code, visual interfaces, graphics, user interfaces, logos and music, including but not limited to the design, selection, expression, “look and feel”, structure and arrangement of the Content on the FVBazaarFashion Section and FVBazaar.
“Country” means the country or countries where FASHIONVALET sells the FashionProducts and provides related services to enable customers to purchase the FashionProducts on the FVBazaar Platform.
“Fashion Product” means strictly any new and un-used clothing, apparel, accessories,footwear, headwear, cosmetics, jewelries and/or any package (including its express terms and conditions, and all other matters incidental thereto) offered for sale and distribution by the merchant on the FVBazaar to customers from time to time subject to these Terms of Use.For the avoidance of doubt, Fashion Product shall not include any undergarments or lingerie, especially those promoted in a sexual manner. In no circumstances are used or second-hand Fashion Products(irrespective of its quality) or any Fashion Product that are defective or of poor and susceptible quality allowed to be sold in FVBazaar. FASHIONVALET reserves the absolute right to filter, review and determine the Fashion Product to be sold on the FVBazaar Platform at any time.
“Intellectual Property” means all intellectual property rights including copyright, patents, rights in circuit playouts, registered designs, trademarks, rights of privacy and publicity and other forms of intellectual or industry property, know how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets, the right to have Confidential Information kept confidential, right to intellectual property granted pursuant to a licence agreement, and any application or right to apply for registration of any of those rights including all rights to have any of the foregoing registered or granted upon application, in reach and any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof.
1.4 Changes to Terms of Use
FASHIONVALET reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use from time to time. Your continued use of the FVBazaar following the posting of these changes means that you agree to and accept the changes.
2. Applicable Policies
2.1 Privacy Policy
FASHIONVALET’s Privacy Policy applies to the use of the FVBazaar and its terms are part of these Terms of Use by this reference. Please refer to FASHIONVALET’s Privacy Policy.
2.2 Copyright Policy
The FVBazaar Section and all Contents of the FVBazaar are the Intellectual Property of Fashion Valet Sdn Bhd. All rights are expressly reserved.
Any redistribution or reproduction of part or all of the Contents in any form is prohibited other than the following:
You may not, except with our express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic or mechanical methods.
2.3 Prohibited or Restricted Activities and Products Policy
You shall not engage in any or all activities that are restricted or prohibited by federal, state or local law in any country or jurisdiction. This section provides a non-exhaustive list of prohibited and restricted activities and products that must be observed strictly by you. If you are a merchant, you are responsible for ensuring that you do not list, market, advertise, promote, negotiate, distribute and/or complete the sale and purchase of any product or engage in activities that are prohibited and/or restricted as set out in this section.
FASHIONVALET may at its sole and exclusive discretion impose additional restrictions and prohibitions, and revise this section from time to time. It is your responsibility to check this section from time to time.
You must not inter alia:
The FVBazaar Fashion Section only allows Fashion Productsas herein defined to be listed, transacted or otherwise dealt with on the FVBazaar. For the avoidance of any doubt, the following products are strictly prohibited to be listed, transacted or otherwise dealt with on the FVBazaar:
2.4 No Customer Returns Policy
FASHIONVALET’s Customer Returns Policy are NOT part of these Terms of Use. Any refunds and/or returns policy shall be based on the terms and conditions of the Customer Agreement entered into between the merchant and the customer.
3. Intellectual Property
The FVBazaar Section, the FVBazaar and its Content is owned, controlled or licensed by or to FASHIONVALET and is protected by the laws on Intellectual Property rights, the common law and laws relating to unfair trade practices, unfair competition and other applicable laws.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may not, except with our express written permission, copy, reproduce, upload, reverse engineer, post, republish, publicly display, encode, transmit, distribute, translate, store or commercially exploit in any way including “mirroring” any part of the FVBazaar Fashion Section, FVBazaar and/or the Content to any other website or other form of electronic or mechanical methods or medium.
You may use information on the FVBazaar Fashion Section (such as standard terms and conditions, policies and similar documents) made available by FASHIONVALET for downloading from the FVBazaar Section provided that:
FASHIONVALET, FVBazaar, and other FASHIONVALET graphics, logos, designs, page headers, button icons, scripts, service names and words referenced herein are either trademarks or registered trademarks of FASHIONVALET and its Affiliates. FVBazaar’s copyright, trademarks, service marks, logos, business name, domain name and rights in trademarks and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
If you believe that any content appearing on the FVBazaar Section may constitute the infringement of your or any other party’s Intellectual Property, you shall immediately inform FASHIONVALET. Upon receiving notification of a claim, FASHIONVALET shall make reasonable endeavours to investigate and/or remove the Content or material within a reasonable time. Such steps are taken without any admission as to liability and without prejudice to FASHIONVALET’s rights, remedies and defences, all of which are expressly reserved. You shall indemnify FASHIONVALET for all claims brought by a third party against FASHIONVALET and its Affiliates arising out of or in connection with such claim.
4. Relationship between the Parties
The relationship between FASHIONVALET and the merchants shall be solely that of independent contractors.
Each agreement entered into for the sale and purchase of any Fashion Product with a merchant on the FVBazaar shall be an agreement entered directly between the merchant and the customer (“Customer Agreement”). Accordingly, the enforcement of any obligations under the Customer Agreement is the sole responsibility of the relevant merchant and the customer who are parties to that Customer Agreement.
The Customer Agreement comprises these Terms of Use, which is available on the FVBazaar.
The Customer Agreement is formed upon a Successful Transaction directly between the merchant and customer, whereupon full, legal, beneficial and equitable title in a Fashion Product shall transfer to the customer, and thereafter remain the risk and responsibility of the customer.
FASHIONVALET reserves the right to delete, remove, suspend, terminate and take all necessary actions at its sole discretion if you are in breach of these Terms of Use.
5. Selling and PurchasingFashion Products on the FVBazaar
5.1 Qualification
If you intend to list, market, advertise, promote, negotiate, sell and/or distribute any Fashion product on the FVBazaar, you must adhere to these Terms of Use which shall govern the relationship and set out the terms and conditions between you, as a merchant and FASHIONVALET with respect to the Products and you are required to apply for registration at www.fashionvalet.com/fvbazaar/form. These Terms of Use as revised from time to time shall apply to you every time you use the FVBazaar FashionSection and FVBazaar. Your application for registration shall be reviewed by FASHIONVALET and may be approved and/or rejected at FASHIONVALET’s absolute discretion without assigning any reasons.
If you intend to purchase a Fashion product on the FVBazaar, you agree to abide without restriction to these Terms of Use as revised from time to time every time you use the FVBazaar.
You warrant that all information provided to FASHIONVALET, FVBazaar or FVBazaar Fashion Section as part of the registration process or entering into an agreement with FASHIONVALET at all times is true, correct, accurate and complete and you will immediately notify us of any changes to the information provided.
5.2 Special Conditions Applicable to Merchants
This sub-section 5.2 applies only to merchants who list, market, advertise, promote, negotiate, sell and/or distribute any Fashion Product on the FVBazaar.
5.2.1 Management and Handling of Content
By uploading any Fashion Product or Content to FVBazaar, you warrant, represent and covenant that you own and/or have the rights or are licensed to use such Content in to the any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual this manner and that such Content does not infringe directly or indirectly any Intellectual Property. You further represent and warrant to FASHIONVALET that you are not aware of any claims made by any third party with regards property right infringement or other claim, demand or action resulting from use of the Content. In the event that FVBazaar receives a complaint in respect of any Content posted by you, FASHIONVALET reserves the right to remove such Content immediately. In such a case, it shall be your sole responsibility to deal with such a complaint and to compensate FVBazaar for any loss suffered.
You hereby grant an irrevocable, non-exclusive, royalty free, worldwide, perpetual, sub licensable (through multiple tiers) license and right to FASHIONVALET to exercise the copyright, publicity and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You further agree to allow FVBazaar to store or re-format your Content on FVBazaar and display your Content on FVBazaar in anyway as we choose. By uploading boutique images to FVBazaar, you agree that FVBazaar has the right to use your images to promote FVBazaar and/or your merchant store in any external press. However, FVBazaar will only use personal information with FVBazaar’s Privacy Policy.
FASHIONVALET acknowledge that we will not acquire any rights in respect of the Content and that all those rights and goodwill are, and will remain, vested in you as merchant or the owner of the Content, as the case may be. You shall not be entitled to use any Intellectual Property belonging to FASHIONVALET without our prior approval in writing.
By posting Content on FVBazaar, it is possible for a third party or outside website to repost that Content. If you choose to display your own FVBazaar hosted image on another website, the image must provide a link back to its listing page on the FVBazaar.
Please refer to Section 6.3 on the handling of information, material or other communication submitted by users via the FVBazaar. Any communication or information submitted by you to FVBazaar is subject to these Terms of Use. You hereby grant and agree to grant FVBazaar, all of your rights in the Submissions (as defined in Section 6.3), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and licence to incorporate, use, publish and exploit such Submissions for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further consent from you.
During the course of your transaction on the FVBazaar, you may obtain personal information from another FVBazaar user. This personal information shall only be used for that transaction or for FVBazaar-related communications, and FASHIONVALET does not grant you a licence or right to use the information for unsolicited commercial messages, and you shall not add any FVBazaar user to your database without express consent from the user. Please refer to FASHIONVALET’s Privacy Policy for further details.
You agree to release, defend, protect, indemnify and hold FASHIONVALET, our affiliates, and our respective directors, officers, employees, contractors, agents, users, successors, and assigns, harmless from and against any and all costs, expenses, fines, penalties, losses, damages, and liabilities arising out of any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other dispute, claim, demand or action resulting from the posting, uploading, displaying or any other dealing with the Content on the FVBazaar.
5.2.2 Merchant’s Representations and Warranties
The Merchant warrants that:
FASHIONVALET does not own, manage, operate or control the quality of the Fashion Products, and/or the delivery, booking or fulfilment of customer orders. The merchant is solely liable and responsible to liaise directly with customers for delivery and fulfilment of customer orders including but not limited to the redemption of the Fashion Products, delivery venue and time, customer service, liaison with customers and third party providers, support and after-sales service and refund and cancellation management.
The merchant shall advise each customer on all applicable taxes, service charges, surcharges and other fees. FASHIONVALET's sole role is as a service provider for the merchant for purposes of listing the Fashion Product on FVBazaar, and the applicability and compliance with any relevant law relating to any Fashion Product is solely determined by and complied with by the merchant.
FASHIONVALET hereby expressly disclaim any representation, warranty or undertaking in relation to accuracy, completeness, quality or adequacy of any contents for the Fashion Products on the FVBazaar and/or FVBazaar Fashion Section.
Where required, the Merchant shall at its own cost be obliged to procure all formal consents, waivers, approvals, authorisations, exemptions, registrations and/or licenses necessary for FASHIONVALET to list, market, promote, feature and make available for sale the Fashion Products on the FVBazaar.
The warranties in these Terms of Use and other warranties as may be prescribed by law will extend to the customers and will run through to any expiration date on the F&B Products, or if no expiration date is stated, then for such period as warranted by the merchant, the relevant licensor, distributor or agent for the F&B Products, as the case may be.
5.2.3 Specific warranties in relation to Intellectual Property
The Merchant warrants, represents and covenants that:
The merchant shall not be entitled to use any Intellectual Property belonging to FASHIONVALET without FASHIONVALET’s prior approval in writing.
5.5 Sales and Services Tax
Please note that the prices of Products on the FVBazaar will include SST save where otherwise provided. Kindly refer to the Sales Tax Act 2018 and Services Tax Act 2018 and the relevant instruments for more information on SST.
6. Use of and Restrictions on the FVBazaar Fashion Section and FVBazaar
6.1 Non-Commercial Use and Downloading of Information
Please refer to Section 3 of these Terms of Use for further information on Intellectual Property rights.
FASHIONVALET authorises you to view and download the information and materials at the FVBazaar Fashion Section and/or FVBazaar only for your own personal and non-commercial use provided that you ensure all copyright and other proprietary notices contained in the original materials on any copies of the materials are maintained and preserved.
You acknowledge that any use of these materials and information are copyrighted and any unauthorised use by you of any materials and information at the FVBazaar Fashion Section and/or FVBazaar may violate copyright, trademark and other laws. If you breach any of these Terms of Use, your authorisation to use the FVBazaar Fashion Section and/or FVBazaar automatically terminates and you must immediately destroy any downloaded or printed information or materials.
All materials downloaded or otherwise obtained through the FVBazaar Fashion Section and/or FVBazaar are done at your sole discretion and risk and you shall be solely responsible for any damage to FASHIONVALET’s computer system or loss of data that may result from the download of any such material. No advice or information whether oral or written obtained by you from FASHIONVALET or through or from the FVBazaar Fashion Section and/or FVBazaar shall create any warranty not expressly stated herein.
6.2 No Unlawful or Prohibited Use
You warrant to FASHIONVALET that as a condition of your use of the FVBazaar Fashion Section and/or FVBazaar, you will not use the FVBazaar Section and/or FVBazaar for any purpose that is unlawful or prohibited by these Terms of Use, conditions and notices, and the relevant and applicable laws or to solicit the performance of any illegal activity or other activity which infringes the rights of FASHIONVALET or other parties, or encourage or abet in any unlawful activities.
You warrant that you, either by yourself or in concert with another, will not use the FVBazaar Fashion Section and/or FVBazaar for any and all of the following activities:
6.3 Merchant/User Content, Testimonials, Comments and Messages
Other than personally identifiable information which is covered under FASHIONVALET’s Privacy Policy, any information, material, photos, images or other communication you transmit or post to the FVBazaar Fashion Section or to FASHIONVALET’s authorised representatives will be considered non-proprietary and non-confidential (“Submissions”). You also hereby waive the enforcement of any moral rights that may arise and/or arising therein. FASHIONVALET will have no obligations with respect to the Submissions. FASHIONVALET and its authorised representatives will be free to disclose, distribute, incorporate, copy and otherwise deal with the Submissions and all data, images, sounds, text and other things embodied therein for any and all commercial and non-commercial purposes.
FASHIONVALET does not vouch for or warrant the accuracy, completeness or usefulness of the content, messages, comments, reviews or testimonials of the merchants or users on the FVBazaar, and is in no way responsible for the contents of the messages, comments, reviews or testimonials which do not constitute FASHIONVALET’s authorised literature. Only authorised literature produced and issued by FASHIONVALET represents our position. Submissions posted by users on the FVBazaar Fashion Section is not official FASHIONVALET material and shall not be copied, quoted or otherwise reproduced and is not to be used in promoting, nor should it be relied upon in using the Fashion Products.
FASHIONVALET reserves the right in our sole discretion to remove, modify or reject any messages, comments, reviews and testimonials that you submit to, post or display on the FVBazaar Fashion Section which we reasonably believe is unlawful, seditious, discriminatory, offensive, illicit, vexatious, defamatory, untruthful, inaccurate and violates these Terms of Use, could subject FASHIONVALET and its Affiliates to liability, or is otherwise found in appropriate in FASHIONVALET’s opinion.
You agree to indemnify and hold FASHIONVALET harmless against any claim or action brought by third parties arising out of or in connection with any messages, comments, reviews and testimonials posted by you on the FVBazaar Fashion Section , including the violation of their privacy or Intellectual Property rights.
7. Cooperation and Investigations
You agree to provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary and required to assist in inter alia any investigation by us or governmental authorities, our authorised agents or persons or any such persons appointed, affiliated to us or otherwise engaged by us to evaluate whether you have breached the Terms of Use and/or in handling any complaint against you.
Where you fail to do so and such failure results in delay in, suspension or termination of your account, or access to the FVBazaar Fashion Section and/or FVBazaar and the related services or any portion thereof, FASHIONVALET shall not be obliged to extend the period for access to your account, the FVBazaar Fashion Section and/or FVBazaar nor shall be liable for any loss or damages arising from such delay, suspension or termination.
FASHIONVALET reserves the right to cooperate fully with governmental authorities, investigators and third parties in the investigation of any suspected civil or criminal wrongdoing. In this respect and subject to FASHIONVALET’s Privacy Policy, FASHIONVALET may disclose your identity and contact information where requested by a government authority or law enforcement body, an injured third party or as a result of a subpoena or other legal action. FASHIONVALET shall not be liable for breach of any confidential information or privacy rights and shall not be liable for any damages or losses arising from such disclosure, and you agree not to bring any action or claim against FASHIONVALET for such disclosure.
8. Disclaimer and Release
8.1 Disclaimer
The FVBazaar Fashion Section , the FVBazaar and its Content are provided on an “As Is”, “With all faults” and “As available” basis. FASHIONVALET and our Affiliates, our directors, officers, agents, joint ventures and employees disclaims all warranties (express, implied or statutory) including but not limited to any warranties on the accuracy, merchantability, suitability or fitness for a particular purpose, or non-infringement of intellectual property and completeness, accuracy, reliability or validity of the Products, information, Content and materials at the FVBazaar Fashion Section and/or the FVBazaar. FASHIONVALET does not promise that the FVBazaar Fashion Section , the FVBazaar or any Content, information, material or feature of the FVBazaar Fashion Section and/or the FVBazaar will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the FVBazaar Fashion Section and/or FVBazaar will provide specific results.
FASHIONVALET does not control and is not liable to or responsible for the validity, accuracy, suitability, quality, safety, correctness, reliability, stability, lawfulness or availability of the Products offered for sale on the FVBazaar. FASHIONVALET does not represent or warrant that the manufacture, importation, offer, display, purchase, sale and/or use of the Products or related services offered or displayed on the FVBazaar does not violate any third party rights or relevant laws and FASHIONVALET does not make any representation or warranties of any kind concerning any Product offered or displayed on the FVBazaar.
You acknowledge that you are fully assuming the risks of conducting any purchase and sale transactions in connection with using the FVBazaar or related services, and that you are assuming the risks or liability or harm of any kind in connection with subsequent activity of any kind relating to the products including but not limited to the delivery of the Products or related services (including calculation of taxes and issuance of tax invoices) that are the subject of transactions using the FVBazaar and the usage of the Products. You agree that FASHIONVALET, FVBazaar and FVBazaar Fashion Section shall not be liable or responsible for any damages, claims, liabilities, errors, inaccuracies, costs, harms, inconveniences, business disruptions, delays in delivery of the Products or expenditures of any kind that may arise as a result of or in connection with any such risks.
FASHIONVALET does not guarantee continuous, uninterrupted or secure access to any part of the FVBazaar Fashion Section and/or FVBazaar, and operation of FVBazaar Fashion Section and/or FVBazaar may be temporarily suspended or interrupted for maintenance (whether routine or non-routine), error correction, upgrade or other changes, or interfered with by numerous factors outside of our control. FASHIONVALET does not ensure that any files or other data downloaded from the FVBazaar Fashion Section and/or FVBazaar will be free of contamination, virus or destructive features.
FASHIONVALET may make changes to the information, content, materials or feature at the FVBazaar Fashion Section and/or FVBazaar, or to the products and prices described in them, at any time without notice. The information, content or materials at the FVBazaar Fashion Section and/or the FVBazaar may be out of date, and FASHIONVALET makes no commitment to update the information, content or materials at the FVBazaar Fashion Section and/or FVBazaar. Content, materials or information published at the FVBazaar Fashion Section and/or FVBazaar may refer to products, programs or services that are intended for use only in Malaysia and may not be used or relied upon in any other country save where otherwise provided.
Your remedy against FASHIONVALET for dissatisfaction with the FVBazaar Fashion Section, the FVBazaar or any Content, information or material is to stop using the FVBazaar Fashion Section, the FVBazaar or any such Content, information or material.
8.2 Release
FASHIONVALET shall not be responsible for disputes between one or more users, or an outside party. If you have a dispute with another user, you release FASHIONVALET, FVBazaar, FVBazaar Fashion Section, our Affiliates, officers, directors, agents and employees from any and all claims, demands and damages of any kind and nature, known and unknown, arising out of or in any way connected to such dispute.
8.3 Force Majeure
Where applicable, FASHIONVALET shall not be liable or be deemed to be in breach of these Terms of Use by reason of any delay in performing or any failure to perform any obligations if the delay or failure was due to any cause beyond the party’s reasonable control, including the following:
Upon the happening of any one of these events, FASHIONVALET may at its discretion fully or partially suspend delivery/performance while such event or circumstances continues or terminate any order request so affected with immediate effect by written notice to you, and FASHIONVALET shall not be liable for any loss or damage suffered by you as a result thereof.
9. Liabilities and Indemnities
9.1 Limitation of Liability
In no event will FASHIONVALET, FVBazaar, FVBazaar Fashion Section, our Affiliates, and our officers, directors, agents, joint ventures or employees mentioned at the FVBazaar Fashion Section and/or FVBazaar be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever including without limitation, those resulting from injury, medical condition, illness, loss of profits, damages, data or interruption arising or resulting from any of the following:
9.2 Indemnification
You agree to release, defend, protect, indemnify and hold FASHIONVALET, our Affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any and all claims, losses, demands, fines or other liabilities which may arise from your use of the FVBazaar Fashion Section, FVBazaar or related services or from your breach of any of these Terms of Use or your breach of any representations and warranties made by you.
In addition, you agree to release, defend, protect, indemnify and hold FASHIONVALET, our Affiliates, and our officers, directors, contractors, agents, joint ventures and employees harmless from any and all claims, costs, losses, demands, penalties, damages, expenses, fines or other liabilities of any nature, arising in any manner out of the your acts, omissions or negligence, or those of your employees, agents or contractors, whether in tort, contract or otherwise, including:
You hereby agree that FASHIONVALET shall not be responsible and shall have no liability to you, for any material posted by others, including defamatory, seditious, vexatious, offensive or illicit material and the risk of damages from such material rests entirely with each user. FASHIONVALET reserves the right at our own expense to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with FASHIONVALET in asserting any available defences.
10. Breach and Infringement
10.1 Breach by User
FASHIONVALET reserves the right in its sole discretion to immediately suspend or terminate your account and/or access to the FVBazaar Fashion Sectionand/or FVBazaar and the related services or any portion thereof without prior notification if you are in breach of these Terms of Use or where FASHIONVALET has reasonable grounds to believe that you are in breach of any of these Terms of Use, including anticipatory breach which in the reasonable belief of FASHIONVALET will be committed by you. FASHIONVALET also has the right to restrict, refuse or ban any and all current or future use of the FVBazaar and/or FVBazaar Fashion Section and the related services or any portion thereof that may be provided by FASHIONVALET.
Notwithstanding anything to the contrary in these Terms of Use, you would be considered as being in breach of these Terms of Use in any of the following circumstances:
10.2 Infringement
FASHIONVALET reserves the right to take appropriate action where necessary and without notice at any time including but not limited to remove all or any information, content or material from the FVBazaar Fashion Section and/or FVBazaar, to disallow the use of the FVBazaar Fashion Section and/or FVBazaar in connection with the information, content or material that is claimed to be infringing, to modify or change the FVBazaar Fashion Section and/or FVBazaar or any portion of the FVBazaar Fashion Section and/or FVBazaar, and any terms or policies, to modify, suspend or terminate the operation or access to the FVBazaar Fashion Section and/or FVBazaar or part of the FVBazaar Fashion Sectionand/or FVBazaar.
11. Termination
FASHIONVALET may terminate your account, page or posting without prior notification and without assigning any reasons whatsoever. You can terminate your account at any time by writing to [email protected].
Please refer to Section 10 (Breach and Infringement) for further details on dealings with accounts.
12. Governing Law and Dispute Resolution
These Terms of Use are governed by the laws of Malaysia. You hereby consent to the exclusive jurisdiction and courts of law in Malaysia in all disputes arising out of or relating to the use of the FVBazaar Fashion Section and/or FVBazaar. FASHIONVALET’s performance of these Terms of Use is subject to existing laws, regulations and legal process, and nothing contained in these Terms of Use is in derogation of FASHIONVALET’s right to comply with governmental, court or law enforcement requests or requirements relating to the use of v and/or FVBazaar or information provided to or gathered by FASHIONVALET with respect to such use.
In event of any dispute between FASHIONVALET and you arising out of or in connection with your use of the FVBazaar Fashion Section and/or the FVBazaar, the parties shall endeavour in good faith and promptly, to resolve any such dispute. If the parties are unable to resolve the dispute within sixty (60) days, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of FASHIONVALET to seek recourse in the courts of law, including commencing a legal action without resorting, convening or participating in any such mediation as stated herein.
13. Notice and Feedback
Any feedback you provide at this FVBazaar Fashion Section is non-confidential.
All legal notices or demands to FASHIONVALET shall be made in writing and sent to FASHIONVALET personally, by courier or certified mail to Fashion Valet SdnBhd, No. 316 -3.22, Level 3, Glo Damansara, 699, Jalan Damansara, Taman Tun Dr Ismail, 60000 Kuala Lumpur, Wilayah Persekutuan, Malaysia. The notices shall be effective when they are received and acknowledged receipt by FASHIONVALET in any of the above manner.
All legal notices or demands to you shall be effective if either delivered personally, by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by you to FASHIONVALET. Notice to you shall be deemed to be served upon and received by you if and when FASHIONVALET is able to demonstrate that communication whether in physical or electronic form has been sent to you.
All agreements, notices and other communications that FASHIONVALET sends to you electronically satisfies the legal requirement for communication to be in writing.
14. Miscellaneous
You may not assign, delegate, subcontract or otherwise transfer any or all of your rights and obligations under these Terms of Use. FASHIONVALET may assign these Terms of Use (including without limitation our rights, titles, benefits, interests, obligations and duties in these Terms of Use) to any person or entity without prior notification to you.
If any term of these Terms of Use is at any time held by a court of competent jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms of Use.
Unless otherwise specified, these Terms of Use constitutes the entire agreement between FASHIONVALET and you with respect to use of the FVBazaar Fashion Section and/or the FVBazaar, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between FASHIONVALET and you with respect to the FVBazaar Fashion Section and/or FVBazaar.
FASHIONVALET’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as waiver by FASHIONVALET of any provision or right it has to enforce these Terms of Use, nor modification of any provisions of these Terms of Use.
Every revision to these Terms of Use shall be effective and binding upon the publication and the same being made available on the FVBazaar Fashion Section, and you agree that you shall be deemed to have notice of every revision of these Terms of Use upon such publication on the FVBazaar Fashion Section. It is your sole duty and obligation to ensure you are apprised of these Terms of Use and all revisions made thereto at all material times.
These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
All provisions in these Terms of Use which by their nature are intended to survive expiration or termination shall survive any expiration or termination of the contract between FASHIONVALET and you.
Please read these terms of use carefully before using the marketplace sectionwithin the Fashion Valet website at www.fashionvalet.com which offers a limited free listing of food & beverages (F&B) with delivery for the Ramadhan / Raya 2021season(“FVBazaar”). By visiting and using the FVBazaar section at https://dev2.fashionvalet.com/FVBazaar (“FVBazaar Section”), you agree to these terms of use which you acknowledge represents a legally binding agreement between you and us.
The FVBazaar is operated by Fashion Valet Sdn Bhd, addressed for business at No. 316 -3.22, Level 3, Glo Damansara, 699, Jalan Damansara, Taman Tun Dr Ismail,60000 Kuala Lumpur, Wilayah Persekutuan, Malaysia (“FASHIONVALET”).
1.2 Use of FVBazaar and FVBazaar Food Section
These Terms and Conditions of Use (“Terms of Use”) apply to the FVBazaar located at FV Bazaar Food Sectionand the services offered by FASHIONVALET. This FV Bazaar Food Section is the property of FASHIONVALET and its licensors.
These Terms of Use apply to all users and visitors of the FV Bazaar Food Sectionand/or FVBazaar, including but not limited to users who are vendors, merchants, sellers, customers, buyers, contributors of content, information and other services and materials on the FV Bazaar Food Section and FVBazaar.
FVBazaar services are only available to, and may only be used by individuals who are 18 and older who can form legally binding contracts under applicable laws.
If you are a minor, being someone who is under 18 years old, you can only use the FV Bazaar Food Section and/or FVBazaar with the prior consent of your parents or guardian. In any event, by agreeing to use the Services on the FV Bazaar Food Section, you represent and warrant that you are 18 years or above.
If you do not agree to these Terms of Use, do not have that authority, or are a minor and have not obtained the prior consent of your parents or guardian, please DO NOT USE the FV Bazaar Food Section and/or FVBazaar.
By using the FV Bazaar Food Section and/or FVBazaar Site, you understand that any information you send to the FV Bazaar Food Section may be intercepted or read by third parties even where there is notification that the transmission is encrypted.
You may not use the FV Bazaar Food Section, FVBazaar or any Content for any purpose that is unlawful or prohibited by the Terms of Use, or solicit the performance of any illegal activity or other activity which infringes FASHIONVALET’s rights or rights of third parties.
FASHIONVALET may at its sole discretion refuse to offer access to or use this FV Bazaar Food Section to any person or entity and may change the eligibility criteria at any time without notice to you.
“Content” includes but is not limited to text, photographs, trademarks, music, artwork, computer code, visual interfaces, graphics, user interfaces, logos and music, including but not limited to the design, selection, expression, “look and feel”, structure and arrangement of the Content on the FV Bazaar Food Section and FVBazaar.
“country” means the country or countries where FASHIONVALET sells the Products and provides related services to enable customers to purchase the Products on the FVBazaar Platform.
“Product” and/or “F&B Product” means strictly any dining, food, beverage, supplement and/or diet menu, coupon, voucher, deal and/or package (including its express terms and conditions, and all other matters incidental thereto) offered for sale and distribution by the merchant on the FVBazaar to customers from time to time subject to these Terms of Use.
The FV Bazaar Food Section and all Contents of the FVBazaar are the Intellectual Property of Fashion Valet Sdn Bhd. All rights are expressly reserved.
TheFVBazaar only allows F&B Products to be listed, transacted or otherwise dealt with on the FVBazaar.For the avoidance of any doubt, the following products are strictly prohibited to be listed, transacted or otherwise dealt with on the FVBazaar:
FASHIONVALET’s Customer Returns Policy areNOT part of these Terms of Use. Any refunds and/or returns policy shall be based on the terms and conditions of the Customer Agreement entered into between the merchant and the customer.
The FV Bazaar Food Section, the FVBazaar and its Content is owned, controlled or licensed by or to FASHIONVALET and is protected by the laws on Intellectual Property rights, the common law and laws relating to unfair trade practices, unfair competition and other applicable laws.
You may not, except with our express written permission, copy, reproduce, upload, reverse engineer, post, republish, publicly display, encode, transmit, distribute, translate, store or commercially exploit in any way including “mirroring” any part of the FV Bazaar Food Section, FVBazaar and/or the Content to any other website or other form of electronic or mechanical methods or medium.
You may use information on the FV Bazaar Food Section (such as standard terms and conditions, policies and similar documents) made available by FASHIONVALET for downloading from the FV Bazaar Food Section provided that:
FASHIONVALET, FVBazaar,and other FASHIONVALET graphics, logos, designs, page headers, button icons, scripts, service names and words referenced herein are either trademarks or registered trademarks of FASHIONVALET and its Affiliates. FVBazaar’s copyright, trademarks, service marks, logos, business name, domain name and rights in trademarks and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
If you believe that any content appearing on the FV Bazaar Food Section may constitute the infringement of your or any other party’s Intellectual Property, you shall immediately inform FASHIONVALET. Upon receiving notification of a claim, FASHIONVALET shall make reasonable endeavours to investigate and/or remove the Content or material within a reasonable time. Such steps are taken without any admission as to liability and without prejudice to FASHIONVALET’s rights, remedies and defences, all of which are expressly reserved. You shall indemnify FASHIONVALET for all claims brought by a third party against FASHIONVALET and its Affiliates arising out of or in connection with such claim.
Each agreement entered into for the sale and purchase of any F&B Product with a merchant on the FVBazaar shall be an agreement entered directly between the merchant and the customer (“Customer Agreement”). Accordingly, the enforcement of any obligations under the Customer Agreement is the sole responsibility of the relevant merchant and the customer who are parties to that Customer Agreement.
The Customer Agreement is formed upon a Successful Transaction directly between the merchant and customer, whereupon full, legal, beneficial and equitable title in aF&B Product shall transfer to the customer, and thereafter remain the risk and responsibility of the customer.
5. Selling and Purchasing F&B Products on the FVBazaar
If you intend to list, market, advertise, promote, negotiate, sell and/or distribute any F&B product on the FVBazaar, you must adhere to these Terms of Use which shall govern the relationship and set out the terms and conditions between you, as a merchant and FASHIONVALETwith respect to the Products and you are required to apply for registration at www.fashionvalet.com/fvbazaar/form. These Terms of Use as revised from time to time shall apply to you every time you use the FV Bazaar Food Section and FVBazaar. Your application for registration shall be reviewed by FASHIONVALET and may be approved and/or rejected at FASHIONVALET’s absolute discretion without assigning any reasons.
If you intend to purchase a F&B product on the FVBazaar, you agree to abide without restriction to these Terms of Use as revised from time to time every time you use the FVBazaar.
You warrant that all information provided to FASHIONVALET, FVBazaar or FV Bazaar Food Section as part of the registration process or entering into an agreement with FASHIONVALET at all times is true, correct, accurate and complete and you will immediately notify us of any changes to the information provided.
This sub-section 5.2 applies only to merchants who list, market, advertise, promote, negotiate, sell and/or distribute any F&B product on the FVBazaar.
By uploading Content to FVBazaar, you warrant, represent and covenant that you own and/or have the rights or are licensed to use such Content in to the any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual this manner and that such Content does not infringe directly or indirectly any Intellectual Property. You further represent and warrant to FASHIONVALET that you are not aware of any claims made by any third party with regards property right infringement or other claim, demand or action resulting from use of the Content. In the event that FVBazaar receives a complaint in respect of any Content posted by you, FASHIONVALET reserves the right to remove such Content immediately. In such a case, it shall be your sole responsibility to deal with such a complaint and to compensate FVBazaar for any loss suffered.
Where required, the Merchant shall at its own cost be obliged to procure all formal consents, waivers, approvals, authorisations, exemptions, registrations and/or licenses necessary for FASHIONVALET to list, market, promote, feature and make available for sale the F&B Products on the FVBazaar.
The warranties in these Terms of Use and other warranties as may be prescribed by law will extend to the customers and will run through to any expiration date on the F&B Products, or if no expiration date is stated, then for such period as warranted by the merchant, the relevant licensor, distributor or agent for theF&B Products, as the case may be.
5.3 Special Conditions Applicable to F&B Products
The following terms and conditions apply to all F&B Products ordered through FASHIONVALET, except as otherwise specified on any particular F&B Product and except as otherwise required by law. By ordering, printing, accepting, using or attempting to use any F&B Product you agree to these terms and conditions. Please read the terms and conditions attached to the respective F&B Products before purchasing the F&B Product.
The merchant is the holder and issuer of the F&B Products and under no circumstances shall FASHIONVALET be deemed the holder, issuer or seller of the F&B Products. FASHIONVALET does not own, manage, operate or control the quality of the F&B Products, and/or the delivery, booking or fulfilment of customer orders. The merchant is solely liable and responsible to liaise directly with customers for delivery and fulfilment of customer orders including but not limited to the redemption of the F&B Products, delivery venue and time, customer service, liaison with customers and third party providers, support and after-sales service and refund and cancellation management.
The merchant is solely responsible for the value and redemption of the F&B Product. Each F&B Product is subject to the merchant’s redemption terms and conditions as specified at the relevant information page, the product description of the F&B Product and in the confirmation email or notice by the merchant, if any.
The merchant shall advise each customer on all applicable taxes, service charges, surcharges and other fees. FASHIONVALET's sole role is as a service provider for the merchant for purposes of listing the F&B Product on the FVBazaar, and the applicability and compliance with any relevant law relating to any F&B Product is solely determined by and complied with by the merchant.
FASHIONVALET hereby expressly disclaim any representation, warranty or undertaking in relation to accuracy, completeness, quality or adequacy of any contents for F&B Products on the FVBazaar and/or FVBazaar Section.
For food, supplements, diet, exercise and fitness products ordered through FASHIONVALET, customers are responsible to consult a physician or other healthcare provider before using any of the said products to determine the effect of the products. Customers assume the risk and responsibility for any effect and results from the use of the products.
FASHIONVALET is not liable for any possible claims of customers and third parties arising from the sale and consumption of the F&B Products, fulfilment and delivery of customer orders, reservation of dining venue, any alleged and actual injury or illness, medical condition, food poisoning, contamination or any other foodborne illness resulting from the consumption of any food and beverage in connection with the F&B Product and its related services, including but not limited to, claims of personal injury, death or property damage. The merchant is solely responsible for any and all bodily injury, illness, medical condition, damages, claims, liabilities and costs suffered by or relating to any customer and third parties and the compliance with all laws.
Each customer hereby knowingly waives and releases FASHIONVALET from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of the merchant in connection with the merchant, the provision of the services, dining and food and beverage relating to the F&B Products, and compliance by the merchant with applicable laws.
Please note that the prices of Products on the FVBazaar will include SST save where otherwise provided. Kindly refer to the Sales Tax Act 2018and Services Tax Act 2018 and the relevant instruments for more information on SST.
6. Use of and Restrictions on the FV Bazaar Food Section and FVBazaar
FASHIONVALET authorises you to view and download the information and materials at the FV Bazaar Food Section and/or FVBazaar only for your own personal and non-commercial use provided that you ensure all copyright and other proprietary notices contained in the original materials on any copies of the materials are maintained and preserved.
You acknowledge that any use of these materials and information are copyrighted and any unauthorised use by you of any materials and information at the FV Bazaar Food Section and/or FVBazaar may violate copyright, trademark and other laws. If you breach any of these Terms of Use, your authorisation to use the FV Bazaar Food Section and/or FVBazaar automatically terminates and you must immediately destroy any downloaded or printed information or materials.
All materials downloaded or otherwise obtained through the FV Bazaar Food Section and/or FVBazaar are done at your sole discretion and risk and you shall be solely responsible for any damage to FASHIONVALET’s computer system or loss of data that may result from the download of any such material. No advice or information whether oral or written obtained by you from FASHIONVALET or through or from the FV Bazaar Food Section and/or FVBazaar shall create any warranty not expressly stated herein.
You warrant to FASHIONVALET that as a condition of your use of the FV Bazaar Food Section and/or FVBazaar, you will not use the FV Bazaar Food Section and/or FVBazaar for any purpose that is unlawful or prohibited by these Terms of Use, conditions and notices, and the relevant and applicable laws or to solicit the performance of any illegal activity or other activity which infringes the rights of FASHIONVALET or other parties, or encourage or abet in any unlawful activities.
You warrant that you, either by yourself or in concert with another, will not use the FV Bazaar Food Section and/or FVBazaar for any and all of the following activities:
Other than personally identifiable information which is covered under FASHIONVALET’s Privacy Policy, any information, material, photos, images or other communication you transmit or post to the FV Bazaar Food Section or to FASHIONVALET’s authorised representatives will be considered non-proprietary and non-confidential (“Submissions”). You also hereby waive the enforcement of any moral rights that may arise and/or arising therein. FASHIONVALET will have no obligations with respect to the Submissions. FASHIONVALET and its authorised representatives will be free to disclose, distribute, incorporate, copy and otherwise deal with the Submissions and all data, images, sounds, text and other things embodied therein for any and all commercial and non-commercial purposes.
FASHIONVALET does not vouch for or warrant the accuracy, completeness or usefulness of the content, messages, comments, reviews or testimonials of the merchants or users on the FVBazaar, and is in no way responsible for the contents of the messages, comments, reviews or testimonials which do not constitute FASHIONVALET’s authorised literature. Only authorised literature produced and issued by FASHIONVALET represents our position. Submissions posted by users on the FV Bazaar Food Sectionis not official FASHIONVALET material and shall not be copied, quoted or otherwise reproduced and is not to be used in promoting, nor should it be relied upon in using the F&B Products.
FASHIONVALET reserves the right in our sole discretion to remove, modify or reject any messages, comments, reviews and testimonials that you submit to, post or display on the FV Bazaar Food Section which we reasonably believe is unlawful, seditious, discriminatory, offensive, illicit, vexatious, defamatory, untruthful, inaccurate and violates these Terms of Use, could subject FASHIONVALET and its Affiliates to liability, or is otherwise found in appropriate in FASHIONVALET’s opinion.
You agree to indemnify and hold FASHIONVALET harmless against any claim or action brought by third parties arising out of or in connection with any messages, comments, reviews and testimonials posted by you on the FV Bazaar Food Section, including the violation of their privacy or Intellectual Property rights.
Where you fail to do so and such failure results in delay in, suspension or termination of your account, or access to the FV Bazaar Food Section and/or FVBazaar and the related services or any portion thereof, FASHIONVALET shall not be obliged to extend the period for access to your account, the FV Bazaar Food Sectionand/or FVBazaar nor shall be liable for any loss or damages arising from such delay, suspension or termination.
FASHIONVALET reserves the right to cooperate fully with governmental authorities, investigators and third parties in the investigation of any suspected civil or criminal wrongdoing. In this respect and subject toFASHIONVALET’s Privacy Policy, FASHIONVALET may disclose your identity and contact information where requested by a government authority or law enforcement body, an injured third party or as a result of a subpoena or other legal action. FASHIONVALET shall not be liable for breach of any confidential information or privacy rights and shall not be liable for any damages or losses arising from such disclosure, and you agree not to bring any action or claim against FASHIONVALET for such disclosure.
The FV Bazaar Food Section, the FVBazaar and its Content are provided on an “As Is”, “With all faults” and “As available” basis. FASHIONVALET and our Affiliates, our directors, officers, agents, joint ventures and employees disclaims all warranties (express, implied or statutory) including but not limited to any warranties on the accuracy, merchantability, suitability or fitness for a particular purpose, or non-infringement of intellectual property and completeness, accuracy, reliability or validity of the Products, information, Content and materials at the FV Bazaar Food Sectionand/or the FVBazaar. FASHIONVALET does not promise that the FV Bazaar Food Section, the FVBazaar or any Content, information, material or feature of the FV Bazaar Food Sectionand/or the FVBazaar will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the FV Bazaar Food Section and/or FVBazaar will provide specific results.
FASHIONVALET does not control and is not liable to or responsible for the validity, accuracy, suitability, quality, safety, correctness, reliability, stability, lawfulness or availability of the Products offered for sale on the FVBazaar. FASHIONVALET does not represent or warrant that the manufacture, importation, offer, display, purchase, sale and/or use of the Products or related services offered or displayed on the FVBazaar does not violate any third party rights or relevant laws and FASHIONVALET does not make any representation or warranties of any kind concerning any Product offered or displayed on the .
You acknowledge that you are fully assuming the risks of conducting any purchase and sale transactions in connection with using the FVBazaar or related services, and that you are assuming the risks or liability or harm of any kind in connection with subsequent activity of any kind relating to the products including but not limited to the delivery of the Products or related services (including calculation of taxes and issuance of tax invoices) that are the subject of transactions using the FVBazaar and the usage of the Products. You agree that FASHIONVALET, FVBazaar and FV Bazaar Food Sectionshall not be liable or responsible for any damages, claims, liabilities, errors, inaccuracies, costs, harms, inconveniences, business disruptions, delays in delivery of the Products or expenditures of any kind that may arise as a result of or in connection with any such risks.
FASHIONVALET does not guarantee continuous, uninterrupted or secure access to any part of the FV Bazaar Food Sectionand/or FVBazaar, and operation of FV Bazaar Food Section and/or FVBazaar may be temporarily suspended or interrupted for maintenance (whether routine or non-routine), error correction, upgrade or other changes, or interfered with by numerous factors outside of our control. FASHIONVALET does not ensure that any files or other data downloaded from the FV Bazaar Food Section and/or FVBazaar will be free of contamination, virus or destructive features.
FASHIONVALET may make changes to the information, content, materials or feature at the FV Bazaar Food Sectionand/or FVBazaar, or to the products and prices described in them, at any time without notice. The information, content or materials at the FV Bazaar Food Sectionand/or the FVBazaar may be out of date, and FASHIONVALET makes no commitment to update the information, content or materials at the FV Bazaar Food Sectionand/or FVBazaar. Content, materials or information published at the FV Bazaar Food Sectionand/or FVBazaar may refer to products, programs or services that are intended for use only in Malaysia and may not be used or relied upon in any other country save where otherwise provided.
Your remedy against FASHIONVALET for dissatisfaction with the FV Bazaar Food Section, the FVBazaar or any Content, information or material is to stop using the FV Bazaar Food Section, the FVBazaar or any such Content, information or material.
FASHIONVALET shall not be responsible for disputes between one or more users, or an outside party. If you have a dispute with another user, you release FASHIONVALET, FVBazaar, FV Bazaar Food Section, our Affiliates, officers, directors, agents and employees from any and all claims, demands and damages of any kind and nature, known and unknown, arising out of or in any way connected to such dispute.
(i) act of God, explosion, flood, tempest, fire or accident;
(ii) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(iii) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
(iv) import or export regulations or embargoes; or
(v) interruption of traffic, strike, lock-outs or other industrial actions or trade disputes (whether involving employees of either party or of a third party).
Upon the happening of any one of these events, FASHIONVALETmay at its discretion fully or partially suspend delivery/performance while such event or circumstances continues or terminate any order request so affected with immediate effect by written notice to you, and FASHIONVALET shall not be liable for any loss or damage suffered by you as a result thereof.
In no event will FASHIONVALET, FVBazaar, FV Bazaar Food Section, our Affiliates, and our officers, directors, agents, joint ventures or employees mentioned at the FV Bazaar Food Section and/or FVBazaar be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever including without limitation, those resulting from injury, medical condition, illness, loss of profits, damages, data or interruption arising or resulting from any of the following:
You agree to release, defend, protect, indemnify and hold FASHIONVALET, our Affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any and all claims, losses, demands, fines or other liabilities which may arise from your use of the FV Bazaar Food Section, FVBazaar or related services or from your breach of any of these Terms of Use or your breach of any representations and warranties made by you.
FASHIONVALET reserves the right in its sole discretion to immediately suspend or terminate your account and/or access to the FV Bazaar Food Section and/or FVBazaar and the related services or any portion thereof without prior notification if you are in breach of these Terms of Use or where FASHIONVALET has reasonable grounds to believe that you are in breach of any of these Terms of Use, including anticipatory breach which in the reasonable belief of FASHIONVALET will be committed by you. FASHIONVALET also has the right to restrict, refuse or ban any and all current or future use of the FVBazaar and/or FV Bazaar Food Section and the related services or any portion thereof that may be provided by FASHIONVALET.
FASHIONVALET reserves the right to take appropriate action where necessary and without notice at any time including but not limited to remove all or any information, content or material from the FV Bazaar Food Section and/or FVBazaar, to disallow the use of the FV Bazaar Food Sectionand/or FVBazaar in connection with the information, content or material that is claimed to be infringing, to modify or change the FV Bazaar Food Section and/or FVBazaar or any portion of the FV Bazaar Food Section and/or FVBazaar, and any terms or policies, to modify, suspend or terminate the operation or access to the FV Bazaar Food Section and/or FVBazaar or part of the FV Bazaar Food Section and/or FVBazaar.
These Terms of Use are governed by the laws of Malaysia. You hereby consent to the exclusive jurisdiction and courts of law in Malaysia in all disputes arising out of or relating to the use of the FV Bazaar Food Section and/or FVBazaar. FASHIONVALET’s performance of these Terms of Use is subject to existing laws, regulations and legal process, and nothing contained in these Terms of Use is in derogation of FASHIONVALET’s right to comply with governmental, court or law enforcement requests or requirements relating to the use of FV Bazaar Food Section and/or FVBazaar or information provided to or gathered by FASHIONVALET with respect to such use.
In event of any dispute between FASHIONVALET and you arising out of or in connection with your use of the FV Bazaar Food Section and/or the FVBazaar, the parties shall endeavour in good faith and promptly, to resolve any such dispute. If the parties are unable to resolve the dispute within sixty (60) days, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of FASHIONVALET to seek recourse in the courts of law, including commencing a legal action without resorting, convening or participating in any such mediation as stated herein.
Any feedback you provide at this FV Bazaar Food Section is non-confidential.
All legal notices or demands to FASHIONVALET shall be made in writing and sent to FASHIONVALET personally, by courier or certified mail to Fashion Valet Sdn Bhd, No. 316 -3.22, Level 3, Glo Damansara, 699, Jalan Damansara, Taman Tun Dr Ismail,60000 Kuala Lumpur, Wilayah Persekutuan, Malaysia. The notices shall be effective when they are received and acknowledged receipt by FASHIONVALET in any of the above manner.
Unless otherwise specified, these Terms of Use constitutes the entire agreement between FASHIONVALET and you with respect to use of the FV Bazaar Food Section and/or the FVBazaar, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between FASHIONVALET and you with respect to the FV Bazaar Food Section and/or FVBazaar.
Every revision to these Terms of Use shall be effective and binding upon the publication and the same being made available on the FV Bazaar Food Section, and you agree that you shall be deemed to have notice of every revision of these Terms of Use upon such publication on the FV Bazaar Food Section. It is your sole duty and obligation to ensure you are apprised of these Terms of Use and all revisions made thereto at all material times.
