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Terms of Use

  1. USE OF THE PLATFORM AND/OR SERVICES
    1. Welcome to the thedeltus.com.my website and/or the Deltus Ecommerce Platform (the “Platform”). These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “Deltus Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy. By accessing the Platform and/or using the Services, you agree to be bound by Deltus Terms and Conditions and any amendments to the foregoing issued by us from time to time.
    2. The Terms of Use stated herein constitute a legal agreement between you and Deltus Sdn Bhd (Company No.1327421-K) , a company incorporated in Malaysia and having its business address at Unit C-2-20, Damen USJ Komersial, Persiaran Kewajipan, USJ 1, 47500, Subang Jaya, Selangor, Malaysia (“Deltus”); (“Deltus”, “we”, “us” or “our”).
    3. Deltus reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Deltus Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
  1. USE OF THE PLATFORM AND/OR SERVICES
    1. Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the supplier and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
    2. Certain services and related features that may be made available on the Platform may require registration or subscription. You agree to provide accurate and current information about yourself and your company and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Deltus shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
    3. We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
    4. We reserve the right, but shall not be obliged to:
      1. monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services.
      2. we may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action deem appropriate;
      3. prevent or restrict access of any an authorised user to the Platform and/or the Services;
      4. report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
      5. to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
    5. Third Party Supplier: You acknowledge that parties other than Deltus (i.e. Third Party Supplier) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by Deltus or a Third Party Supplier may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Supplier’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Supplier and the Customer.
  1. USER SUBMISSIONS
    1. You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall 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 Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
  1. INTELLECTUAL PROPERTY RIGHTS
    1. All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain as our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
    2. No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
  1. REFUND POLICY & PRIVACY POLICY
    1. Please refer to our detailed guide on refunds at Refund Policy and our Privacy Policy.
  1. LIABILITY – INDEMNIFICATION
    1. The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Deltus of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
    2. Without limiting the foregoing, Deltus does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
    3. Deltus and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with the use of the Platform.
    4. Deltus shall be under no liability whatsoever in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    5. Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable, therefore.
    6. You will defend, indemnify and hold harmless, and at Deltus’s option defend against, Deltus and its Affiliates and their employees, directors, agents and representatives, from and against any and all liens, damages, losses, liabilities, obligations, penalties, fines, fees, Claims, litigation, demands, defences, judgements, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (including third party claims, reasonable attorney’s fees, consultants’ fees, experts’ fees and other costs of litigation) arising out of, or related to the use of the Platform.
  1. TERMINATION
    1. In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other Deltus Terms and Conditions. Upon any termination of these Terms of Use and/or other Deltus Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Deltus shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Deltus, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.
  1. INVALIDITY AND SEVERABILITY
    1. In any provision of this Term of Use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Term of Use and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The Parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
  1. APPLICABLE LAW AND JURISDICTION
    1. These Terms of Use and/or other Deltus Terms and Conditions shall be governed by the laws in Malaysia in every particular including formation and interpretation and shall be deemed to have been made in Malaysia.

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