Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING OR USING OUR WEBSITE AND APPLICATION.
Welcome to Derfan Website/App/E-Commerce/Web Portal. By using the Website or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, all users of this Website agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. By accessing or using our Website, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1. Acceptance of Term
By accessing or using Derfan (the “Service”), you agree to be bound by these terms and conditions (the “Terms”). If you do not agree with our Terms and Conditions, then you should refrain from further use of our Website and/or Services.
2. Eligibility
This Website is offered and available to users who are eighteen (18) years of age or older. You must be at least 18 years old to use the Service. By using this Website and Service, you represent and warrant that you are of legal age to form a binding contract with Derfan and meet all of the foregoing eligibility requirements. You must not access or use the Website if you do not meet these requirements.
3. Account Registration
To access the Website or certain features of the Service, you may need to register an account and you may be asked to provide certain registration details or other information. You agree to provide accurate and complete information during the registration process and to update such information as necessary. You agree that all information you provide to register with this Website or ortherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You are responsible for maintaining the confidentiality of your account and password and you may not disclose it to any other person or entity.
4. User Conduct
You agree to take full responsibility for any harm or damage you suffer due to the use or non-use of the information available on this Website or the resources available for download from this Website. By using this Website, you agree not to use the Service for any unlawful purpose or in any way that could harm, disable, overburden, or impair the Service. Prohibited conduct includes, but is not limited to:
- Using the Service to transmit any spam or unsolicited communications.
- Impersonating any person or entity or falsely stating your affiliation with any person or entity.
- Engaging in any activity that could damage or disrupt the Service.
5. Intellectual Property
All content on the Service, including but not limited to text, graphics, logos, images, and software, is the property of Derfan or its licensors and is protected by intellectual property laws. You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights and not to reproduce, distribute, or create derivative works from any content without our prior written permission.
6. Privacy Policy
Your use of the Service is also governed by our Privacy Policy, Derfan is committed to protecting your privacy. Authorised employees within the company, on a need-to-know basis, only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible Service to our customers.
Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
7. Third-Party Links
The Service may contain links to third-party websites or services not owned or controlled by Derfan. We have no control over and assume no responsibility for any third-party websites or services’ content, privacy policies, or practices.
Derfan provides third-party links to you only for convenience, and including any link does not imply endorsement by Derfan’s Website or any association with its operators.
8. Termination and Access Restrictions
Derfan reserves the right, in its sole discretion, to terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
9. Disclaimer of Warranties
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Derfan and its suppliers hereby disclaim all warranties and conditions regarding this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement.
10. Limitation of Liability
You agree that Derfan, its directors, employees, or agents, shall not be liable for any type of damages, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorised access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall Derfan’s aggregate liability exceed the amounts you paid to Derfan in the past six months.
11. Disclaimer of Liability
Our endeavour is to keep the information on this Website accurate and up-to-date. Our Website contains general information and may include errors, omissions, inaccuracies and typographical errors. We assume no liability or responsibility for any such errors, omissions, inaccuracies or any other limitation that may arise on our Website.
We do not warrant the accuracy or completeness of the information, text, graphics, links or other items on our Website, nor do we warrant that the use of this Website will not be uninterrupted. We may make modifications and/or changes periodically to the Website at any time without notice.
12. Copyrights
The information and content on our Website shall not be used for any other purposes. The images, logos, documents and web pages on www.derfan.com may not be reproduced, republished, retransmitted, sold, modified or exploited in any way without prior written permission from Derfan.
Considering this grant of license, you agree that any printed copy of these documents and web pages shall retain, without modification, all copyright, trademark and other proprietary notices contained thereon.
13. Trademarks
The company name, logo, slogan, and all related names, logos, brands, products and service names used in this Website are the trademarks, trade names or service marks of Derfan unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks without the prior written permission of Derfan or the owner of such trademarks, trade names or service marks.
14. Privacy Statement
Derfan is committed to protecting your privacy. Authorised employees within the company, on a need-to-know basis, only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible customer service.
Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
15. Confidentiality on Personal Data Protection
We are committed to protecting your personal data and ensuring its confidentiality. All personal data collected through your use of the Service will be handled in accordance with our Privacy Policy and applicable data protection laws. We will not disclose your personal data to third parties without your consent, except as required by law or as necessary to provide the Service.
16. Indemnification
You agree to indemnify, defend, and hold harmless, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.
17. Additional Terms
These Terms and Conditions constitute the entire agreement between Derfan and you with respect to your use of this site and supersedes all prior understandings between you and Derfan with respect to our website.
Failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.
18. Product and Service Information
The products displayed on the Website can be ordered and utilised only within Malaysia.
All prices displayed on the Sites are quoted in Malaysian Ringgit (RM) and are valid and effective only in Malaysia. If any minor uses any goods or product from us, it should be only after the legal or parental guardian has discussed the product with the minor’s doctor.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Derfan.
19. Colour Information
While we have tried to display the colours of products accurately, the actual colours you see will depend on your monitor and may not be accurate.
20. Severability
If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
21. Payment
Payment can be made by Visa, Master credit card, online banking and any other methods that may be clearly advertised on the site from time to time. We take all reasonable care to make our Website secure. All credit card transactions on this Website are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. Still, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
The debiting time of credit cards will be upon successful payment and acceptance of your product order.
We will issue you an invoice upon successfully confirming payment of your goods.
All enquiries via email will be actioned upon and responded to within 14 working days of receiving them.
Please remember to have a copy of your Order Number, such as your order email, in an easily accessible location in the event of any redemption, payment or processing issues.
22. Applicable Law
These Terms are governed by and will be construed in accordance with Malaysian law. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Malaysian Courts.
23. Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time on this page.
Derfan reserves 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. The most current version of the Terms will supersede all previous versions. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website after posting any changes to these Terms and Conditions constitutes acceptance of those changes.
