Accepting These Terms
- These terms and conditions ("Terms and Conditions") contained below is a legal and binding-t agreement made between you and ASR Deco Sdn Bhd (Company No.: 767074-T).
- By using any of our Services (defined hereinbelow) offline and/or online vide the Website, you are deemed to have read, understood and agreed to observe, comply and be bound with these Terms and Conditions.
- We reserve the rights to change, modify, add or remove any or all parts of these Terms and Conditions from time to time without prior notice given to you. Such amendment shall form parts of these Terms and Conditions. You are deemed to have read, understood and agreed to observe, comply and be bound by such amendments.
- You are advised to read these entire Terms and Conditions before proceeding with any request of our Services (defined hereinbelow) and to read and understand any amendments from time to time.
- You further agree that your continued use of our Services (defined hereinbelow) offline and/or online vide the Website, shall constitute an acceptance of these Terms and Conditions.
Definitions & Interpretations
statutes, codes, rules, regulations, directives, and/or guidelines which are applicable at the time being in Malaysia at laws and in equity;
“Customer” , "Buyer", "Patron" or “you”
the persons who access the Website and/or use our Services;
“Oleolekita” or "Oleolekita.com" or “we” or “us”
ASR Deco Sdn Bhd (Company No.: 767074-T);
Senangpay or any other third-party companies which provides payment gateway services including issuance of bills, collection of fees, which Oleolekita may engage with from time to time;
goods that is unable to be performed and/or legally restricted in respect of the performance of the Service due to the reasons
your request for our Services
the services to be performed by Us
“Terms and Conditions”
these terms and conditions including any amendments made from time to time thereto; and
In these Terms and Conditions, unless the context require otherwise any reference to:-
- the singular includes the plural and vice versa;
- a gender includes all genders; and
- a date or time of day is a reference to Malaysian date or time.
- headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this Agreement.
- You hereby request and we hereby accept to use the Services at the Fees upon these Terms and Conditions.
- Subject to these terms and conditions, the scope of our services is on case to case basis upon your request include but not limited to ("Services"):-
- sending any goods and monetary instruments including cheques, bank drafts and/or cash;
- seek, source and research on goods and/or services;
- purchase any goods and/or services; and
- any other services to be performed upon your request provided such request is not illegal.
Offer & Acceptance
- You hereby offer to use our Services by sending your requests in accordance to the following manners ("Request"):-
- by performing a transaction through our website or webstore;
- by sending a text request to OLEOLEKITA Hotline via short message service (SMS);
- by sending a text request to OLEOLEKITA Hotline via Whatsapp;
- by posting your message request at OLEOLEKITA Facebook;
- by posting your message request at OLEOLEKITA Instagram;
- by sending an email to OLEOLEKITA Gmail; and/or
- such other manners to be stipulated by us from time to time.
- Upon receipt of your Request, we may provide a quote to perform the Services.
- In the event you agree to the quote, you shall confirm your Request and make payment of Fee.
- We accept your Request upon confirmation of your Request or upon payment of the Fee, whichever is earlier, whereupon a legal agreement is formed between you and us in accordance to these Terms and Conditions herein.
Fees & Payment
- In consideration of using our Services, you shall make the payment of Fee to the Payment Gateway and to supply the Payment Gateway with your credit card or debit card details, e-wallet details from credit card or debit card company or e-wallet company acceptable to Us and/or the Payment Gateway.
- By providing the details of credit card, debit card and/or any other forms of payment and financial information to us, you hereby confirm, warrant and represent that:-
- You have the full authority to use and disclose the details of such credit card, debit card and/or any other forms of payment and financial information or account; and
- all particulars and details that you provide to us for the purpose of processing payment are true and accurate.
- Notwithstanding the payment method published in the Website and depending on the results of a credit check, we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
- Fees shall be inclusive of goods and services tax (GST), if any and exclusive of any other rates, taxes, levies and/or other fees which may be imposed by the relevant authorities from time to time. In the event the Fees is increased due to the changes and/or imposition of new rates, taxes, levies and/or other fees shall be increased accordingly, you hereby expressly agree to compensate the difference or the full same upon demand by us.
- All Fees paid are non-refundable save for strictly due to our failure refusal and/or negligence to perform the Services upon your confirmation of Request.
Rights of Suspension and Refusal
- We reserve all the rights to suspend, refuse, cease to perform and/or delay in performing the Services at any time at our absolute discretion without any reasons given to you.
- Notwithstanding, we shall be entitled to suspend, refuse, cease to perform and/or delay in performing the Services due to:-
- payment of Fees is suspended unable to be cleared or otherwise not received by Us and/or Payment Gateway;
- you cancel our Services after we have commenced our Services;
- inaccurate false or misleading information furnished by you, of which the delivery address is not found or closed or causing us unable to perform our Services;
- the Goods are considered a Restricted Goods; or
- the act of God, insurrection, civil disorder, war or military operations, national and local emergency, industrial disputes of any kind, fire, lightning, explosions, flood, landslides, subsidence, thunderstorms, internet downtime, or any other force majeure events which are beyond the control with or cause due to us.
- Upon the suspension, refusal and/or cessation to perform the Services, we shall be entitled to forfeit all Fees paid without prejudice to our rights to recover any compensation damages or losses arising thereto whereupon you shall be liable to compensate us the same immediately upon receipt of our notice.
- The restricted goods are as follows:-
- the goods which are not in or are not put into, the deliverable state at the designated pick up point;
- the goods are defective, perish, or become so damaged, or no longer correspond to the description as furnished by you or no longer fit for the purpose as per your Request;
- the goods are subject to charges and/or encumbrances in favour of any third party;
- the goods are offensive, threatening, indecent, obscene, explosive, unsafe, or which is likely to cause damage harm and threats to the national security and/or public interest;
- the goods are in sensitive nature in respect of ethnicity, race, religion, gender equality, birth of origin, public morality, or such nature which is likely to cause or incite any disharmony disturbance annoyance or hatred to individuals groups or the public; or
- the goods are illegal due to its state and/or for the purpose of its use, or for and/or upon delivery, or which is likely to infringe violate or breach of any Applicable Laws.
You’ll need to create an account with Oleolekita to use some of our Services. Here are a few rules about accounts with Oleolekita:
- You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Oleolekita or the Services. You are responsible for any and all account activity conducted by a minor on your account.
- Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
- Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
- You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Oleolekita.
Your Content as Artists/Artisans
Content that you send to Oleolekita is your content (so let’s refer to it as “Your Content”).
- Responsibility for Your Product. You understand that you are solely responsible for Your Product. You represent that you have all necessary rights to your product and that you’re not infringing or violating any third party’s rights by posting it.
- Permission to Use Your Content. By giving us your content to be used in any way to market and sell your products, you grant Oleolekita a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Oleolekita function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Oleolekita may offer you or Oleolekita buyers promotions on the Site, from time to time, that may relate to your listings.
- Rights You Grant Oleolekita. By sending us Your Content, you grant Oleolekita a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Oleolekita, or the Services in general, in any formats and through any channels, including across any Oleolekita Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
- Reporting Unauthorised Content. Oleolekita has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please inform us. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll do not promise to notify you if any of that happens.
- Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of products we don’t want posted on Oleolekita’s Services (for legal reasons or otherwise).
You agree to defend, indemnify and hold harmless us and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors' fees) arising from:
- your use of and access to the Services, including any data or content transmitted or received by you;
- your violation of any term of this Terms and Conditions, including without limitation your breach of any of the representations and warranties above;
- your violation of any third-party right, including without limitation any right of privacy, rights of intellectual properties, and any rights of Payment Gateway;
- your violation of any Applicable Laws;
- any content that is submitted via your account including without limitation misleading, false, or inaccurate information.
Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:
- Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.
- Set Your Price Right. You are responsible for setting all selling price for your products.
- Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
- Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Oleolekita (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Discontinuation of Services
Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
- Items You Purchase. You understand that Oleolekita does not manufacture, store, or inspect some of the items sold through our Services. We provide the venue; the items in our website are produced, listed, and sold directly by independent artists/artisans, so Oleolekita can't and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the artists/artisans of the item. You can always contact us to help you do that, of course. You also will release Oleolekita from any claims related to items sold through our Services, including for defective items, misrepresentations by artists/artisans, or items that caused physical injury (like product liability claims). Oleolekita also is not responsible or liable to :-
- verify ensure and confirm the content, quality, authenticity and value of the goods;
- obtain all necessary license, permit, consents, authorisations, approvals, or agreements of any third party involved for the performance of our Services including the consent of recipient for us to enter into its premises, consent of the original legal owner of the intellectual property attached to the goods;
- pay compensate indemnify you for any losses damages, any increased costs or expenses, any loss of profit, business, contracts, revenue or anticipated savings or any special, indirect or consequential damage of any nature whatsoever due to any breach and/or non-compliance of you under these Terms and Conditions.
- Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. Oleolekita is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
- Gift Cards and Promotions. You acknowledge that Oleolekita does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
WARRANTIES. OLEOLEKITA IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT:
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER OLEOLEKITA, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL OLEOLEKITA’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED (RM100) RINGGIT MALAYSIA (MYR). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Oleolekita gets sued because of something that you did or what our artists/artisans did, you agree to defend and indemnify us. That means you’ll defend Oleolekita (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
If you find yourself in a dispute with another user of Oleolekita’s Services or a third party, artists/artisans, or buyer we encourage you to contact the other party and try to resolve the dispute amicably.
- Case System. Buyers and artists/artisans who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. Oleolekita will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Oleolekita has no obligation to resolve any disputes.
- Release of Oleolekita. You release Oleolekita from any claims, demands, and damages arising out of disputes with other users or parties.
If you’re upset with Oleolekita, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
- Governing Law. The Terms are governed by the Malaysian laws.
- Arbitration. You and Oleolekita agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English or Malay language. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Changes to the Terms
We may update these Terms from time to time. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
- Time shall not be an essence on our obligations to perform the Services under these Terms and Conditions.
- Any notice given pursuant to these Terms and Conditions shall be in writing and be given by sending the same by email, prepaid registered post or left if addressed to the party concerned in these Terms and Conditions or address given in the registered user account.
- These Terms and Conditions shall be construed in accordance with and governed by the laws of Malaysia.
- If any provision of these Terms and Conditions is or may become illegal or void under any written law or is found by any court or administrative body of competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:-
- such provisions shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
- the remaining provisions of this agreement shall remain in full force and effect;
- The parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
- No failure or delay in the exercise or the partial exercise of any right or remedy or the exercise of any other right or remedy shall affect of impair any such right or remedy.
- These Terms and Conditions shall be binding on the parties and their respective successors in title of the parties hereto.
- The parties acknowledge and agree that these Terms and Conditions and/or any other documents pertaining hereto can be signed, executed, acknowledged, issued and/or executed by electronic means and shall in any proceedings be admissible in evidence and be presumed, unless evidence to the contrary is introduced.
Availability of the Website, Security and Accuracy
Whilst we endeavour to make the Website available 24 hours a day, we shall not be liable if for any reason the Website is unavailable for any time or for any period. We make no warranty that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
- Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time with or without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason. If we impose restrictions on you personally, you must not attempt to use the Website under any other name or user.
- We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.
- We may change or update the Website and anything described in it without notice to you.
- Whilst we endeavour to ensure that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to supply you with products, including any obligation that we may have under that contract to provide you with accurate information and advice, and which we may do through a secure part of the Website available to people who use the appropriate password.
- The material contained on the Website is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on the Website shall not constitute any part of an offer or contract.
- In all cases, to the extent permitted by law:
- Our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of RM100.00; and
- We shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material for any:
- indirect or consequential losses, damages, costs or expenses;
- loss of actual or anticipated profits;
- loss of contracts;
- loss of use of money;
- loss of anticipated savings;
- loss of revenue; loss of goodwill;
Trademarks and Brand Name
The “OLEOLEKITA” names and logos and all related names, design marks and slogans are the trademarks of us or our artists/artisans.
Intellectual Property Rights
- We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- You must not use any part of the materials on the Website for commercial purposes and/or public circulation without obtaining a license to do so from us or our licensors.
Malaysia law and jurisdiction