Terms & Conditions

GENERAL

In these Terms of Service, “we”, “us”, “our” means Protech.

Access to and use of this Website and the goods and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website also contains links to other websites, which are not operated by Protech (the “Linked Sites”). Protech has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

PROHIBITIONS

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post 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. Protech will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

INTELLECTUAL PROPERTY, SOFTWARE & CONTENT

We 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.

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Protech or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Protech and its licensors. 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 enterprise.

REGISTRATION

Where you register for any area of this Website, the following terms and conditions apply:

You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.

Protech reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.

If you use multiple accounts for the purpose of disrupting the Website or Blog, you may have action taken against all of your accounts.

If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc.,) and do not sign out, someone else who uses that computer after you may be able to access your Kiss & Tell account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.

Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Kiss & Tell account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Kiss & Tell account(s).

TERMS OF SALE

By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Malaysia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Shipping notice for further information.

In order to contract with Protech you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Protech retains the right to refuse any order made by you.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.

a. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

b. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.

Where you order goods to the value of MYR3,000 or more, including where you place multiple orders that are dispatched simultaneously and arrive in Malaysia at or around the same time, you may be liable for GST.

Please note that Protech will not cover any customs duties, similar taxes, including GST where applicable.

c. Payment
Upon receiving your order we carry out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.

d. Discount Codes

  1. Account discount codes – Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
  2. Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
  3. Any further conditions of use relating to any discount code will be specified at the time of issue.

 

DISCLAIMER OF LIABILITY

All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law. The materials displayed on this Website is provided without guarantees, conditions warranty as to its accuracy, hence, Protech hereby expressly exclude all guarantees, conditions and warranties and other terms which might otherwise be implied by statue, common law or the law of equity and shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive, or incidental damages, or damages as a result of inability of use of this Website or the Linked Sites irrespective of whether those damages were foreseeable or arise in tort, contract, equity, statue, restitution, common law or otherwise

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.

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 images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with Protech and 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 goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Protech.

INDEMNITY

You agree to indemnify, defend and hold harmless Protech, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.

VARIATION

Protech shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

COMPLAINT

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

GOVERNING LAW AND JURISDICTION

These terms and conditions are to be construed in accordance with the laws of Malaysia. In the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the Malaysia courts.

ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Protech.

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