TERMS AND CONDITION

OVERVIEW

This website is operated by YKK (Malaysia) Sdn. Bhd. (“YKK”). Throughout the website, the terms “we”, “our” and “us” refer to YKK. YKK offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This website and its contents are the property of YKK and/or its licensors.

 

By visiting our website and/ or purchasing products and/or engaging services from us, you have acknowledged and agreed to be bound by the following terms and conditions (“Terms and Conditions”), including those additional terms and conditions and policies referred herein and/or available by hyperlink. These Terms and Conditions apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree, do not use the website.

 

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

 

Any new features or tools which are added to the website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

 

 

 

 

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. If you are a minor, you must obtain permission from your parent or guardian to use this website. If you are the parent or guardian of a minor who is using this website, you must accept and comply with these Terms and Conditions on the minor’s behalf and you will be responsible for the minor’s actions or purchases made on the website. If you do not have permission from your parent or guardian, you must stop using this website.  You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our website, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms and Conditions will result in an immediate termination of your account.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell, distribute or exploit any portion of the products or website, use of the website, or access to the website or any content on the website through which the service is provided, without prior written permission by us.  The headings used in this Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.  We retain the right to refuse any request made by you, and we reserve the right to close your account at any time at our sole discretion.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

You are hereby granted personal, non-exclusive and non-transferable permission to view and access information presented at our website, with the full understanding that everything is presented on “as is” basis.  Whilst we try to ensure that all details and information which appear on the website are accurate, occasionally there may be information in the website that contains typographical errors, inaccuracies or omissions that may relate to, without limitation, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We therefore reserve the right to correct any error, inaccuracy or omission and to change, modify or update information or cancel orders if any information in the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information in the website or on any related website, including without limitation, pricing information, except as required by law. 

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. No specified update or refresh date applied in the website or on any related website, should be taken to indicate that all information in the website or on any related website has been modified or updated. You agree that it is your responsibility to monitor changes to our website.

 

SECTION 4 - MODIFICATIONS TO THE WEBSITE AND PRICES

Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the products and/or website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products and/or website.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. For more detail, please review our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We regret to inform you that our products and services are currently only available in Malaysia.  However, we will be happy to refer you to your local YKK offices.  You may find the details of all YKK offices under Contact Us.

All products and services are subject to availability.  All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any product and/or service purchased or obtained by you will meet your expectations, or that any errors in the website will be corrected.

Risk of damage to or loss of the products shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the products, at the time we tender delivery of the products. Notwithstanding anything to the contrary, the rights in the products shall not pass to you until we have received in cash or cleared funds payment in full of the price of the products. Until such time as the rights in the products passes to you, you shall hold the products as our fiduciary agent and bailee and shall keep the products separate from your other goods or products.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. When placing an order with us, you undertake that all details you provide to us are true and accurate. You agree to promptly update your account and other information, including your email address so that we can contact you as needed.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

 

SECTION 8 - INTELLECTUAL PROPERTY

 The contents, including portraits and other graphical displays, on this website are protected by Copyright Law and other applicable laws, and we and/or other YKK Group companies (collectively, the “YKK Group”) owns such rights or has the right to use such material contained on this website. Except as expressly allowed pursuant to applicable law, the contents on this website may not be used for any purpose including, but not limited to, reproduction, transmission and change, without the prior written consent from us and/or the YKK Group. 

The use of the "YKK" trademark on this website, and other trademarks, logos, and brand names of the YKK Group without the prior written consent of their respective owners is strictly prohibited.

You may not link to this website without our prior written consent. If you want to link, please contact us prior to creating any link. We may refuse any request to allow links to this web site at its sole discretion. 

All third-party web sites (including, but not limited to, websites of YKK affiliated companies and subsidiaries) linked to this website and linked from this website, are not under our control and/or of YKK Group.  In no event shall we and/or YKK Group be liable to any party for damages arising out of or in connection with the use of any third-party website linked to or linked from this website.

 

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our website may include materials from third-parties.  Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy for more information.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.  You agree that from time to time we may remove the website for indefinite periods of time or cancel the website at any time, without notice to you.  You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and all products and services delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the website, or for any other claim related in any way to your use of the website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold us harmless as well as our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Terms and Conditions for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our website, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may also terminate this Terms and Conditions at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to the products and services constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).  Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide products and services to you shall be governed by and construed in accordance with the laws of Malaysia.  Any dispute arising between you and us out of or in connection with these Terms and Conditions, shall be settled by mutual negotiation and agreement.  If, for any reason, such dispute cannot be resolved amicably within thirty (30) days from the date when the dispute first arose, you agree to submit such disputes to the exclusive jurisdiction of the Courts of Malaysia.

 

SECTION 19 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

Any inquiries on the Terms and Conditions should be sent to us at ykkmys_sadmin@ykk.com.my