INTRODUCTION & ACCEPTANCE
This User Agreement ("Agreement") is made between
KKToys Sdn Bhd, a Malaysian Corporation ("KKToys") which owns and operates the internet
sites with the URL: www.kk-toys.com ("the Web Site") and you who
access and/or visit or cause to access and/or visit the Web Site ("you/your").
Your usage, access, visit or shopping at the Web Site is on express condition
that you accept without variation the terms and conditions set out herein. The
information contained in these webpages may be amended by us from time to time
without notice to you. You need to review these webpages each time you use these
Your usage, access, visit or shopping at this site constitutes your agreement
to all the terms and conditions in force for the time being as set out herein.
If you do not agree to any part of the following terms or conditions, you must
not use these Sites.
1. YOUR OBLIGATIONS.
You agree to:
to bear full financial responsibility for all uses of these Sites by you
and those using your login and credit card information, including but not
limited to minors living with you and to supervise all usage by such minors
of these Sites;
to use the information available on or from these Sites for non-commercial
use and information purposes only. Any unauthorized commercial use of the
information or services provided through these Sites is expressly prohibited;
not to use these Sites in a way which interferes with its availability for
not to use the account of any other member's, without the express permission
of the account holder;
not to use these Sites to make any speculative, false or fraudulent
or any purchase/order in anticipation of demand.
2. REPRESENTATIONS WARRANTIES.
You fully represent and warrant that you are of sufficient legal age to use
these Sites in accordance with all terms and conditions herein and to create
binding legal obligations for any liability you may incur as a result of the
use of these Sites; all information supplied by you in using these Sites are
complete, true and accurate; you shall not post or transmit any unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane
material or any material that could constitute or encourage conduct that would
be considered a criminal offence, give rise to civil liability, or otherwise
violate any law.
3. SOFTWARE AND COPYRIGHT
These Sites and all content on these Sites ("the Content") is the
property of KKToys and/or it’s third party providers, fulfillment providers,
other product suppliers or independent supplier(s) ("Suppliers")
or the party credited as the provider of such Content. KKToys retains all rights
(including, but not limited to trademark rights, copyright and patent rights)
with respect to all software and underlying information or material available
through these Sites.
The Content is intended solely for your personal, non-commercial use. You may
not copy, print, reproduce, reengineer, disassemble, upload, download, store,
display in public, alter or modify, publish, transmit, participate in the transfer
or sale of, reproduce (except as provided herein), create derivative works from,
distribute, perform, display or in any way exploit, any of the Content, in whole
or in part.
You are not to download or otherwise export or re-export any software or underlying
information or material available through these Sites, except to the extent
that such downloading occurs in the course of using these Sites in accordance
with our written instructions or otherwise as expressly permitted in this Agreement.
All rights not expressly granted herein are reserved. This clause shall survive
any termination of this Agreement.
Your use of these Sites is at your sole risk. These Sites (including the products/services) is provided on an "as is" basis and you assume total
risk and responsibility for your use of these Sites.
To the maximum extent permitted by law, KKToys assume no responsibility
whatsoever and howsoever and specifically disclaims all warranties, express
or implied, in respect of these Sites including, but not limited to, merchantability,
fitness for a particular purpose, non-infringement of intellectual property
or other proprietary rights or compatibility between these Sites and any software
The information contained in these Sites is subject to change without notice.
KKToys neither warrants nor makes any representations regarding the accuracy
or completeness, quality or adequacy of these Sites or of any of the data or
information contained in these Sites or that the use of these Sites will be
timely, uninterrupted, secure or error free or that any information, data, content,
software or other material accessible through these Sites will be free of bugs,
viruses, worms, trojan horses or other harmful components. KKToys will not
be responsible for any loss resulting from your reliance on any information
provided on these Sites.
5. LIMITATION OF LIABILITY
KKToys ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES
TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON
ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING
OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT
SHALL KKToys NOR ITS SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE,
OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF
OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR CONTENT FOUND HEREIN,
ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY
TO USE ANY COMPONENT OF THIS SITE FOR ORDER/PURCHASE), OR
THE PERFORMANCE OR NON PERFORMANCE BY KKToys OR ANY SUPPLIER(S) EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR
ANY OTHER PARTY.
Notwithstanding anything contained in this Agreement, the liability of
and/or its Suppliers and their officers, directors, employees and agents shall
in no event exceed, in the aggregate, United States Dollars Fifty Only.
Your acceptance of the entire terms and conditions of KKToys as set out
in this Agreement and in particular, Clauses 4 and 5, are fundamental elements
of the basis of the bargain between you and KKToys, and you agree that KKToys
would not otherwise be able to offer the products and services on its present
basis without your acceptance of such terms and conditions. This clause shall
survive any termination of this Agreement.
7. FORCE MAJEURE
KKToys will not be held liable or any damages or loss arising from any
events which are beyond the reasonable control of KKToys or any of its Suppliers.
Such an event shall include Acts of God, earthquakes, typhoons, flood, natural
disaster or fire, strikes, dangers incidental to sea, land and air travel, government
action, compliance with any laws, regulations or orders, default of any Suppliers,
civil war, industrial disputes, power failure, hardware and or system failure,
malfunction or breakdown, failure of internet transmission or links, system
hacking, software contamination, or corruption, howsoever caused.
8. RESTRICTION/ CANCELLATION OF SERVICE
KKToys may, at any time and at its sole discretion and without cause or
notice, terminate or restrict your access to any component of these Sites or
refuse to give effect to any booking or booking/reservation requested by you,
terminate your password, account (or any part thereof) or use of these Sites,
and remove and discard any Content within these Sites, without being required
to give any reasons or advance notice to you.
Further, you agree that KKToys shall not be liable to you or any third-party
for any termination of your access to these Sites.
You shall indemnify and keep KKToys and/or any of its Suppliers and their
officers, directors, employees and agents indemnified against all claims, demands,
actions, proceedings made or brought against KKToys arising from your use
of these Sites and/or any breach of any term or condition by you.
10. LINKS TO THIRD PARTIES
These Sites may contain hyperlinks to web sites operated by third parties.
The inclusion of hyperlinks to any such web sites does not imply KKToys's
endorsement of such web sites nor any association with their operators. KKToys
is not responsible for the contents of other web sites. linking to any hyperlinked
web sites is done at your own risk and subject to the specific terms and conditions
(if any) of such hyperlinked sites.
These Sites also may contain advertisements by third parties. Unless otherwise
specifically stated on these Sites, we do not endorse or make any representation
or warranty regarding the liability or quality or accuracy of any products or
services featured in, or linked to any advertisements that appears on these
KKToys reserves the right to change the terms, conditions, and policies
under which KKToys’s products and services are offered. You are responsible
for regularly reviewing these terms and conditions including such additional,
modified or varied terms posted from time to time.
Your continued use of these Sites shall constitute your acceptance of the terms
and conditions, as modified.
Any provision of this Agreement which is invalid, prohibited or unenforceable
be ineffective to the extent of the invalidity, prohibition or unenforceability;
not invalidate the remaining provisions of this Agreement; and such provision
shall nonetheless be applicable or enforceable to the fullest extend permitted
13. RELATIONSHIP between THE PARTIES
No joint venture, partnership, employment or agency relationship exists between
you and KKToys as a result of this Agreement of your use and/or access,
visit or shopping at these Sites.
14. ADDITIONAL/SPECIFIC TERMS AND CONDITIONS
Additional terms and conditions and policies posted on these Sites may apply
to your purchase of KKToys's products and services
and use of other components of the Sites and you agree to abide by these terms,
conditions and policies and other components of these Sites.
You may not assign, convey, sub-contract, delegate or substitute howsoever
your rights, duties or obligations hereunder the Agreement.
KKToys may at any time modify these terms and conditions without notice
to you and your usage of these Sites shall be conditioned upon the terms and
conditions in force at the time of your use.
17. ENTIRE AGREEMENT
This Agreement (including Parts 1 to 5) constitute the entire agreement between
the parties in respect of its subject matter and supersedes all prior understandings
or agreements (whether oral or written) regarding the subject matter and may
not be amended or modified except by us herein.
18. GOVERNING LAW
This Agreement and its performance shall be governed by and construed in accordance
with the laws of the state of Sabah, Malaysia.