25-Mar-2022
PLEASE READ THESE TERMS OF USE (COLLECTIVELY, “TERMS”) CAREFULLY BEFORE USING ANY VALENCIA’S PLATFORM BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND VALENCIA HOME FURNISHING SDN. BHD. (BUSINESS REGISTRATION NUMBER: 756028-W).
VALENCIA HOME FURNISHING SDN. BHD. and its parent, subsidiaries and affiliates (collectively, “VALENCIA”, “we”, “us” or “our”) offer the www.valenciafurniture.com.my website, digital experience, social media platform or any of our other products or services (collectively, “Platform”) as a service which provides interactive features and enables users (collectively, “you”, “your” or “users”) to access and view content, discover available products, participate in promotions (subject to any applicable eligibility requirements), receive communications and support from VALENCIA, and submit information to VALENCIA. You may access our Platform through a computer, mobile phone, tablet, console or other technology (collectively, “Device”).
Terms of Use Agreement. Your use of our Platform is subject to this Terms of Use and the Privacy Policy. By using our Platform, you agree to comply with and be bound by the following Terms. You are responsible to read, check and review the following Terms carefully periodically for changes.
Acceptance of Agreement. You agree to the Terms outlined in this Terms of Use Agreement ("Agreement") with respect to our Platform. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Platform, the content, products or services provided by or through our Platform, and the subject matter of this Agreement. VALENCIA reserves the right, at its sole discretion, to change, modify, vary, add or remove portions of this Agreement, at any time without notice.
Copyright. All text, graphics, user interfaces, visual interfaces, photographs, videos, documents, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, organization, compilation, coordination, expression, and arrangement of such Content, contained on our Platform is owned, controlled or licensed by or to VALENCIA HOME FURNISHING SDN. BHD., and is protected under applicable copyrights, trademarks, registered trademarks, other proprietary rights (including but not limited to intellectual property) and unfair competition laws. You do not acquire ownership rights to any Content viewed through our Platform.
Images. All images used and/or shown in our Platform are solely for illustration purposes only; actual products and/or colours may vary.
Fraud. By becoming a customer and/or a member of us, you confirm that the information provided in our Platform is true and that you agree to abide by the Terms of our Platform. Please note that your purchase order and/or membership can be cancelled without notice to you if it is determined that false or misleading information has been provided, the Terms have been violated, or other abuses have occurred as determined by VALENCIA HOME FURNISHING SDN. BHD. in its sole discretion.
Limited Right to Use. The viewing, printing or downloading of any Content from our Platform grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works and/or other use. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution purpose). Your right to use our Platform is not transferable. Any password or right given to you to obtain information, document or Content from our Platform is not transferable and may only be used by you.
Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, employee and affiliates (collectively, "Affiliates") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of our Platform.
Disclaimer. The information from or through our Platform is provided "as-is," "as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our Affiliates have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we and our Affiliates are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us. Our Platform and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through our Platform shall create any warranty, representation or guarantee not expressly stated in this Agreement.
Limitations. All responsibilities or liabilities for any damage caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our Platform. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any service or information.
Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding our Platform uses by you and all information provided by you in any manner consistent with our Privacy Policy.
Third-Party Services and Policies. You understand that we do not operate or control the products or services offered by our third-party merchants (“Merchants”). Merchants are responsible for all aspects of warranty claim. We are not a party to the transactions entered into between you and Merchants. You agree that use of such merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement under no circumstances are we liable for any damage arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our Platform. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such websites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Payments. You represent and warrant that if you are purchasing any product or service from us or from our Merchants that (i) any credit card information you provide is true, real, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
Securities Laws. Our Platform may consist of statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our visions, intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Platform, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. Our Platform and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to Other Websites. Our Platform may contain links to other websites. We are not responsible for the content, information or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Platform does not imply approval or endorsement of the linked website by us. If you decide to leave our Platform and access these third-party websites, you do so at your own risk.
Submissions. All suggestions, feedbacks, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Applicable Law. You agree that all actions or proceedings arising directly or indirectly out of this Agreement, or your use of our Platform or any information, products or services obtained by you through such use, shall be litigated in the circuit court of Malaysia, Selangor. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Selangor is an inconvenient forum or an improper forum based on lack of venue. Our Platform is created and controlled by VALENCIA HOME FURNISHING SDN. BHD., a wholly owned subsidiary of VALENCIA HOME FURNISHING SDN. BHD. in the state of Selangor, Malaysia. As such, the laws of Malaysia will govern the Terms contained in this Agreement and elsewhere throughout our Platform, without giving effect to any principles of conflicts of laws.
Promotion Policy. All promotions, sales, offers, or campaigns (collectively, "Promotion") running at our Platform are subject to each Promotion’s terms and conditions. All Promotions run independently and can’t be combined with other ongoing Promotions unless otherwise stipulated. Each discount, coupon, voucher or any other form of promotional code can only be used once per transaction per account and cannot be combined with any other ongoing Promotions unless otherwise stipulated. Each discount, coupon, voucher or promotional code comes with an expiry date and will end by 11.59pm on the specified date. VALENCIA reserves the right to hold or cancel any order which violates any Promotion’s terms and conditions. VALENCIA reserves the right, at its sole discretion, to modify, add or remove portions of Promotion Policy, and hold or cancel any order which violates any terms and conditions in the Promotion Policy, at any time without notice to you.
Policies. Our Privacy Policy and Terms of Purchase as it may change from time to time, is a part of this Agreement.
Date of issuance of this Terms of Use: 25 Mar 2022
