TERMS & CONDITIONS
CRAZYMONKEY website, www.crazymonkey.com.my “Website” is solely operated by Magic Morgiana Sdn Bhd (Registration No. 202001021855, (1378175-U)), a company registered in Malaysia for the online selling of products & services.
“we”, “us”, “our” or “MM” means MM and its subsidiaries as the context permits. “you” or “your” means the user and/or the customer of this website.
We reserve the right at all times to vary, change, alter, amend, add to or remove any of the terms in this T&C, and you agree to abide by the most recent version of this T&C each time you view and use the Website. You are accordingly advised to consult the policy each time you view and use the Website. You are advised not to use the Website if you do not agree to all or part of the terms in this T&C.
Accuracy of Content
- All information contains in this Website is provided without warranties of any kind, either expressed or implied. Although MM endeavours to ensure the accuracy of the content of this Website, contents herein may contain errors, omissions or out-of-date information,
- MM reserves the right to correct any typographical errors, omissions or out-of-date information relating to product description, pricing and availability at any time including after the submission of your order, at its discretion without prior notice.
- If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
- Subject to the applicable law, MM expressly disclaim any liability whatsoever for any loss or damage howsoever arising from you in reliance upon the whole or any part of the contents of this Website, unless the loss or damage is caused by our wilful negligence or misconduct.
You shall indemnify and hold MM and its affiliates, subsidiaries and their respective employees, representatives, agents, affiliates, directors, officers, managers and shareholders (collectively the “Parties”) harmless from any damages, losses, expenses or costs including without limitation, attorneys’ fees and litigation costs, resulting directly or indirectly from your allegation of breaching any of these terms and conditions.
Furthermore, MM shall have the full control over the claiming process and our written consent is mandatory in any settlement arrangement to be reached under this clause.
Confirmation of Order
Once we have received your order, an email confirmation of receipt containing your order reference number and the details of your purchase will be sent to you. Please retain this email for future reference.
By submitting your order to us, you authorize us to perform a series of information checks to authenticate your identity, to validate your payment card and to obtain an initial credit authorization, where necessary, against third party databases.
Your personal data collected by us for the purpose of completing the transactions via this Website will be handled with great care.
By using this Website, your consent for us to collect and utilize your personal data under our Private Policy, which was formalized in accordance with the Malaysian Personal Data Protection Act 2010, is deemed.
Without your authorization, your personal data will not be disclosed or shared with others unless we are legally bound by the law or the regulatory requirements on the mandatory disclosure of your personal data.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, worm, logic bomb or 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. Breaching this provision would constitute a criminal offense and MM will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
MM 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.
You agree that your access of this Website and use of the Services herein shall at all times be in compliance with all applicable legislation, laws and regulations and our guidelines and policies governing the same.
MM reserve the right, in our sole discretion, to reject, edit or refuse to post any content and to remove any content from this Website, whether or not the content is expressly prohibited by these Terms of Services, or to restrict, suspend, or to terminate your access to all or any part of the services at any time, for any or no reason, with or without prior notice, and without liability.
Intellectual Property Right
The intellectual property rights in all software and contents (including photographic images, text, script, music, sound, photography, art, video and other multimedia work or any combination thereof) at all times made available to you on or through this Website remains the property of MM or its licensors and are protected by copyright , trademarks, service marks, patents and any other applicable intellectual property or proprietary rights, all of which are at all times owned exclusively by us or the relevant third party vendor, advertiser, affiliate or other third person, where applicable. 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 activities.
Terms of Sale
Your order placed via this Website is regarded as an offer by you to purchase the good(s) displayed on our Website and your undertakings to us that: –
- You’ve attained the legal age (> 18 years old) for the purposes of being able to make a binding contract;
- All the details you provide to us are true and accurate;
- You are owner of the credit card that you use to make the payment towards your purchase and there is sufficient credit limit to cover the total cost of the goods you order from our Website; and
- You agreed to be bound by all the terms and conditions as stated herein.
Our contractual relationship begins upon our acceptance and confirmation of your order.
We reserve the right to accept or reject part of partial or all of your order at our sole discretion. Notification will be sent to you if we are unable to supply the goods ordered by you, and you may opt to cancel your order and request us to refund the payment made to us in respect of that order.
Damaged & Lost Goods
Any discrepancy of order content or goods in a damaged conditions received must be reported within 3 days of receipt to our Customer Service team – all packaging (both outer shipping packaging and internal contents) must be kept in order to make a claim.
If you suspect your goods have been lost, please contact our Customer Service team within fourteen (14) business days of ordering.
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 MM 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 MM’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
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.
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 trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with MM and/or www.crazymonkey.com.my, 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 MM and/or www.crazymonkey.com.my
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Services will not be affected.
These terms and conditions and all its subsequent variations shall be subject to, governed by and interpreted in accordance with the laws of Malaysia for every purpose.
These terms and conditions constitute the entire agreement between you and MM concerning its subject matter. No waiver of any of the provisions of these terms and conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by a Director of MM making the waiver.
“Cookies” are used in this Website to optimize its efficiency for the user. They are small text files that contain information and are stored on your computer when you visit our Website.
Both persistent and session cookies are used to enable us to track the website traffic and analyses the users’ preferences on our Website.
User’s Right to Access and Correct Personal Information
Your account’s information may be updated as you wished from time to time, or you may request us to update your information by sending us and email at firstname.lastname@example.org. You are fully responsible for all activities that occur under your password or account. Therefore, we advise you not to share your user name, email address and password or your information with any third parties.
With your information we collected from the online registration form on this Website, and through the appropriate channels, we may send you updates or materials relating to our development for your reading pleasure
If you wish to be removed from our database for any reason, simply send us an email at email@example.com requesting the removal.
You are fully responsible for all activities that occur under your password or account. Therefore, we advise you not to share your user name, email address and password or your information with any third parties.