TERMS & CONDITIONS
1. IN GENERAL
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website also contains links to other websites, which are not operated by KIDZ STUDIOS (the “Linked Sites”). KIDZ STUDIOS has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
2. PRIVACY POLICY
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
3. PROHIBITIONS
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. KIDZ STUDIOS will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content made available to you on or through this Website remains the property of KIDZ STUDIOS or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by KIDZ STUDIOS and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by KIDZ STUDIOS or its licensors. KIDZ STUDIOS and KIDZ STUDIOS.com.my are trademarks belonging to KIDZ STUDIOS.. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of KIDZ STUDIOS..
5. TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland Malaysia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with KIDZ STUDIOS, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. KIDZ STUDIOS retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be KIDZ STUDIOS or may in some cases be a third party.
Where a contract is made with a third party KIDZ STUDIOS is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
i. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order.
A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you.
Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
ii. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur.
If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
If you cancel and you have already paid for the goods, you will receive a full refund provided that the order is still on Pending Status.
Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
iii. Pricing and Payment
All prices are in Ringgit Malaysia (MYR) and are subject to change without notice. All major Credit/Debit Cards and Bank Transfer are all acceptable methods of payment. Our Terms are payment in full within 24 hour of receiving an invoice. All goods remain the property of the Company until paid for in full.
Goods will not be dispatched until we obtain the proof of payment required.
6. DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Ombak Exclusive and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect CH’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
7. LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
8. DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with KIDZ STUDIOS and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to KIDZ STUDIOS.
9. INDEMNITY
You agree to indemnify, defend and hold harmless KIDZ STUDIOS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
10. VARIATION
KIDZ STUDIOS shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. 11. INVALIDITYIf any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
12. COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: Contact Us if you have any complaints or comments. 13. WAIVERIf you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. 14. GOVERNING LAW AND JURISDICTIONThese terms and conditions are to be construed in accordance with the laws of Malaysia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Malaysian courts. 15. ENTIRE AGREEMENTThe above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and KIDZ STUDIOS. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of KIDZ STUDIOS.
PRIVACY POLICY
OVERVIEW
KIDZ STUDIOS is a trading name of KIDZ STUDIOS VENTURE (SA0280305-K). We respect the privacy rights of its online visitors and recognize the importance of protecting the information collected about them. Your privacy is important to us, so we have created the following Privacy and Security Policy to let you know what information is collected when you visit www.ombakexclusive.com.my, why it is collected and how we use it. This Privacy and Security Policy also addresses our data security practices, the options you have to access and control any personally identifiable information you provide to us, and other matters. This Privacy and Security Policy is governed by our Terms of Use. We may occasionally make changes to this Privacy and Security Policy which will be included on this page in part or as a whole. It is your responsibility to review this Privacy and Security Policy frequently and remain informed about its content. Please contact us if you have any questions related to our Security & Privacy Policy.
COLLECTING PERSONAL INFORMATION
KIDZ STUDIOS does not collect personal information from you (your name, addresses, e.g.) when you visit our website. If you choose to provide this information to us, it is only used to fulfill your request for information or your consent to receive communication from KIDZ STUDIOS. Such communication can include: electronic newsletters, offline mailings, notification of new product arrivals, promotions, contests and customer service calls regarding orders you have placed. We will not contact you for any marketing or promotional purposes. If you place an order on our website, we will collect your first and last name, home or other address, telephone number, email address and billing, payment and financial information. If you do not provide such information, we will be unable to complete your purchase. We use this information to complete, support and analyze your purchases from KIDZ STUDIOS. This information may also be used for internal purposes and to comply with any requirements of This information may be disclosed to our staff and to third parties involved in the completion of your transaction (credit card provider, e.g.) the delivery of your order (supplier, shipping carrier, e.g.) or the analysis and support of your use of the KIDZ STUDIOS website.
COLLECTING TECHNICAL INFORMATION
KIDZ STUDIOS uses cookies to keep track of what you have in your shopping cart and to remember you when you return to our store. Cookies are very tiny files that are stored on your computer when you visit certain web pages that record your preferences. They cannot harm your computer and they do not contain any personal or private information. You must accept cookies to make a purchase at KIDZ STUDIOS As you browse our website, we may gather navigational and click stream data that shows what pages are visited and how long various features are used. This information will not reveal your identity or be linked to you personally. We use this information to complete, analyze and support your purchases from KIDZ STUDIOS and use of the web site to comply with any requirements of law and to determine the commissions for our affiliates. We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
SHARING PERSONAL and/or TECHNICAL INFORMATION
We take your privacy seriously. We only share your personal information when it is necessary to complete your order (submitting your address to a supplier and/or shipping carrier, e.g.) or to fulfill a legal requirement or request if we have belief that such action is necessary.
We may disclose your information if necessary to protect our legal rights, if the information relates to actual or threatened harmful conduct, or superbuy.my has good faith belief that such action is necessary to (1) conform to the requirements of law or comply with governmental orders, court orders, or legal process served on KIDZ STUDIOS or (2) to protect and defend the property or rights of KIDZ STUDIOS, the users of its website or the public. This includes exchanging information with other companies and organizations for fraud protection and credit risk protection. If KIDZ STUDIOS should ever file for bankruptcy or merge with another company, we may sell the information you provide to KIDZ STUDIOS to a third party or share your personal information with the company we merge with.
LINKS
This website may contain links to other sites. KIDZ STUDIOS is not responsible for the privacy practices or the content of such sites. This Privacy & Security Policy applies solely to information collected on KIDZ STUDIOS.
SECURITY
We offer secure web pages to collect certain kinds of user information, and we store certain kinds of data in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our website reduce the likelihood of security problems to a level appropriate to the type of data involved. We generally keep user data on our server or in our archives for as long as we deem reasonable. We may alter this practice according to changing requirements. We may keep other data for longer periods if the law requires it. Additionally, information posted in a public forum (such as a frequently asked question, article comment, or product review) could stay in the public domain indefinitely.
YOUR CONSENT TO THIS POLICY
By using the KIDZ STUDIOS website you are agreeing to this Privacy and Security Policy. Our Terms of Use take precedence over any conflicting Policy provision. We may change our Privacy and Security Policy by posting a new version of the policy on this page which is your responsibility to review frequently.
RETURN AND REFUND POLICY
Thank you for shopping at https://kidzstudios.ordersini.com/
If, for any reason, You are not completely satisfied with a purchase We invite You to review our policy on refunds and returns.
The following terms are applicable for any products that You purchased with Us.Interpretation and DefinitionsInterpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.Definitions
For the purposes of this Return and Refund Policy:
• “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to KIDZ STUDIOS
• “Goods” refers to the items offered for sale on the Service.
• “Orders” means a request by You to purchase Goods from Us.
• “Service” refers to the Website.
• “Website” refers to KIDZ STUDIOS, accessible from https://kidzstudios.ordersini.com/
• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.Your Order Cancellation Rights
You are entitled to cancel Your Order within 14 days without giving any reason for doing so.
The deadline for cancelling an Order is 14 days from the date on which You received the Goods or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered.
In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:
• By visiting this page on our website: http://kidzstudios.my/about/visit/• By sending us an email: [email protected]
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.Conditions for Returns
In order for the Goods to be eligible for a return, please make sure that:
• The Goods were purchased in the last 14 days• The Goods are in the original packaging• The following Goods cannot be returned:• The supply of Goods made to Your specifications or clearly personalized.• The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.• The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.• The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
We reserve the right to refuse returns of any merchandise that does not meet the above return conditions in our sole discretion.Returning Goods
You are responsible for the cost and risk of returning the Goods to Us. You should send the Goods at the following address:
23-2F, JALAN SETIA PERDANA BC/U13 BC BANDAR SETIA ALAM SEKSYEN U13 SETIA ALAM 40170 Shah Alam Selangor Malaysia
We cannot be held responsible for Goods damaged or lost in return shipment. Therefore, We recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Goods or proof of received return delivery.Gifts
If the Goods were marked as a gift when purchased and then shipped directly to you, You'll receive a gift credit for the value of your return. Once the returned product is received, a gift certificate will be mailed to You.
If the Goods weren't marked as a gift when purchased, or the gift giver had the Order shipped to themselves to give it to You later, We will send the refund to the gift giver.Contact Us
If you have any questions about our Returns and Refunds Policy, please contact us:
• By visiting this page on our website: https://kidzstudios.ordersini.com/• By sending us an email: [email protected]