Terms of Service
OVERVIEW
This website is operated by Hi-Beau Malaysia Sdn Bhd. Throughout the site, theterms “we”, “us” and “our” refer to Hi-Beau Malaysia Sdn Bhd. We offers thiswebsite, including all information, tools, and services available from thissite to you, the user, conditioned upon your acceptance of all terms,conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our“Service” and agree to be bound by the following terms and conditions (“Termsof Service”, “Terms”), including those additional terms and conditions andpolicies referenced herein and/or available by hyperlink. These Terms ofService apply to all users of the site, including without limitation users whoare browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using ourwebsite. By accessing or using any part of the site, you agree to be bound bythese Terms of Service. If you do not agree to all the terms and conditions ofthis agreement, then you may not access the website or use any services. Ifthese Terms of Service are considered an offer, acceptance is expressly limitedto these Terms of Service.
Any new features or tools which are added to the current store shall also besubject to the Terms of Service. You can review the most current version of theTerms of Service at any time on this page. We reserve the right to update,change or replace any part of these Terms of Service by posting updates and/orchanges to our website. It is your responsibility to check this pageperiodically for changes. Your continued use of or access to the websitefollowing the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopline. They provide us with an online e-commerceplatform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least theage of majority in your state or province of residence, or that you are the ageof majority in your state or province of residence and you have given us yourconsent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor mayyou, in the use of the Service, 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 will result in an immediatetermination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), maybe transferred unencrypted and involve (a) transmissions over various networks;and (b) changes to conform and adapt to the technical requirements ofconnecting networks or devices. Credit card information is always encryptedduring transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit anyportion of the Service, use of the Service, or access to the Service or anycontact on the website through which the service is provided, without expresswrote permission by us.
The headings used in this agreement are included for convenience only and willnot limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information madeavailable on this site is not accurate, complete, or current. The material onthis site is provided for general information only and should not be reliedupon or used as the sole basis for making decisions without consulting primary,more accurate, more complete, or more timely sources of information. Anyreliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information,necessarily, is not current and is provided for your reference only. We reservethe right to modify the contents of this site at any time, but we have noobligation to update any information on our site. You agree that it is yourresponsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or anypart or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, pricechange, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through thewebsite. These products or services may have limited quantities and are subjectto return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors andimages of our products that appear at the store. We cannot guarantee that yourcomputer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our productsor Services to any person, geographic region, or jurisdiction. We may exercisethis right on a case-by-case basis. We reserve the right to limit thequantities of any products or services that we offer. All descriptions ofproducts 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 productat any time. Any offer for any product or service made on this site is voidwhere prohibited.
We do not warrant that the quality of any products, services, information, orother material purchased or obtained by you will meet your expectations, orthat any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our solediscretion, limit or cancel quantities purchased per person, per household, ororder. These restrictions may include orders placed by or under the samecustomer account, the same credit card, and/or orders that use the same billingand/or shipping address. In the event that we make a change to or cancel anorder, we may attempt to notify you by contacting the e-mail and/or billing address/phonenumber provided at the time the order was made. We reserve the right to limitor prohibit orders that, in our sole judgment, appear to be placed by dealers,resellers, or distributors.
You agree to provide current, complete, and accurate purchase and accountinformation for all purchases made at our store. You agree to promptly updateyour account and other information, including your email address and creditcard numbers, and expiration dates so that we can complete your transactionsand contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neithermonitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “asavailable” without any warranties, representations, or conditions of any kindand any endorsement. We shall have no liability whatsoever arising from orrelating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at yourown risk and discretion and you should ensure that you are familiar with andapprove of the terms on which tools are provided by the relevant third-partyprovider(s).
We may also, in the future, offer new services and/or features through thewebsite (including, the release of new tools and resources). Such new featuresand/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may includematerials from third parties.
Third-party links on this site may direct you to third-party websites that arenot affiliated with us. We are not responsible for examining or evaluating thecontent or accuracy and we do not warrant and will not have any liability orresponsibility for any third-party materials or websites, or any othermaterials, 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 withany third-party websites. Please review carefully the third-party's policiesand practices and make sure you understand them before you engage in anytransaction. Complaints, claims, concerns, or questions regarding third-partyproducts should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contestentries) 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 otherwiseuse in any medium any comments that you forward to us. We are and shall beunder no obligation (1) to maintain any comments in confidence; (2) to paycompensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that wedetermine in our sole discretion are unlawful, offensive, threatening,libelous, defamatory, pornographic, obscene, or otherwise objectionable orviolates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party,including copyright, trademark, privacy, personality, or other personal orproprietary rights. You further agree that your comments will not containlibelous or otherwise unlawful, abusive, or obscene material, or contain anycomputer virus or other malware that could in any way affect the operation ofthe Service 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 thirdparties as to the origin of any comments. You are solely responsible for anycomments you make and their accuracy. We take no responsibility and assume noliability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by ourPrivacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service thatcontains typographical errors, inaccuracies, or omissions that may relate toproduct descriptions, pricing, promotions, offers, product shipping charges,transit times, and availability. We reserve the right to correct any errors,inaccuracies, or omissions, and to change or update information or cancelorders if any information in the Service or on any related website isinaccurate at any time without prior notice (including after you have submittedyour order).
We undertake no obligation to update, amend or clarify information in theService or on any related website, including without limitation, pricinginformation, except as required by law. No specified update or refresh dateapplied in the Service or on any related website should be taken to indicatethat all information in the Service or on any related website has been modifiedor updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you areprohibited from using the site or its content: (a) for any unlawful purpose;(b) to solicit others to perform or participate in any unlawful acts; (c) toviolate any international, federal, provincial or state regulations, rules,laws, or local ordinances; (d) to infringe upon or violate our intellectualproperty rights or the intellectual property rights of others; (e) to harass,abuse, insult, harm, defame, slander, disparage, intimidate, or discriminatebased on gender, sexual orientation, religion, ethnicity, race, age, nationalorigin, or disability; (f) to submit false or misleading information; (g) toupload or transmit viruses or any other type of malicious code that will or maybe used in any way that will affect the functionality or operation of theService or of any related website, other websites, or the Internet; (h) tocollect 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 Service or anyrelated website, other websites, or the Internet. We reserve the right toterminate your use of the Service or any related website for violating any ofthe prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will beuninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of theservice will be accurate or reliable.
You agree that from time to time we may remove the service for indefiniteperiods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is atyour sole risk. The service and all products and services delivered to youthrough the service are (except as expressly stated by us) provided 'as is' and'as available’ for your use, without any representation, warranties, orconditions of any kind, either express or implied, including all impliedwarranties or conditions of merchantability, merchantable quality, fitness fora particular purpose, durability, title, and non-infringement.
In no case shall Hi-Beau Malaysia Sdn Bhd, our directors, officers, employees,affiliates, agents, contractors, interns, suppliers, service providers, orlicensors 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 ofany of the service or any products procured using the service, or for any otherclaim related in any way to your use of the service or any product, including,but not limited to, any errors or omissions in any content, or any loss ordamage of any kind incurred as a result of the use of the service or anycontent (or product) posted, transmitted, or otherwise made available via theservice, even if advised of their possibility. Because some states orjurisdictions do not allow the exclusion or the limitation of liability forconsequential or incidental damages, in such states or jurisdictions, ourliability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hibeau.com.my and our parent,subsidiaries, affiliates, partners, officers, directors, agents, contractors,licensors, service providers, subcontractors, suppliers, interns, andemployees, harmless from any claim or demand, including reasonable attorneys’fees, made by any third party due to or arising out of your breach of theseTerms of Service or the documents they incorporate by reference or yourviolation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void,or unenforceable, such provision shall nonetheless be enforceable to thefullest extent permitted by applicable law, and the unenforceable portion shallbe deemed to be severed from these Terms of Service, such determination shallnot affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred before the terminationdate shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either youor us. You may terminate these Terms of Service at any time by notifying usthat you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to complywith any term or provision of these Terms of Service, we also may terminatethis agreement at any time without notice and you will remain liable for allamounts due up to and including the date of termination; and/or accordingly maydeny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Termsof Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on thissite or in respect to The Service constitutes the entire agreement andunderstanding between you and us and govern your use of the Service,superseding any prior or contemporaneous agreements, communications, andproposals, whether oral or written, between you and us (including, but notlimited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not beconstrued against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide youServices shall be governed by and construed in accordance with the laws ofMalaysia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time onthis page.
We reserve the right, at our sole discretion, to update, change or replace anypart of these Terms of Service by posting updates and changes to our website.It is your responsibility to check our website periodically for changes. Yourcontinued use of or access to our website or the service following the postingof any changes to these Terms of Service constitutes acceptance of thosechanges.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at csmsia@hibeau.com.