Terms of Use

1. General

The www.skjewellery.com.my website (the “Website” or the “Site”) provides its services to you subject to the notices, terms and conditions that herein as may be modified from time to time in this agreement (“Agreement”) under which you may use and access the website. The terms and conditions apply to all visitors and users of the www.skjewellery.com.my, the home page of which is at www.skjewellery.com.my. In the event of a violation of these rules and regulations, www.skjewellery.com.my reserves the right to seek all remedies available by law and in equity.

I CONFIRM THAT BY ACCESSING, BROWSING & OTHERWISE USING THE Site, I ACCEPT ALL THE TERMS AND CONDITIONS (WITHOUT MODIFICATION) IN THIS AGREEMENT.

Please refer to this page frequently to review our current terms and conditions of use.

2. Use of Site

2a. You may access and use the Site solely for your personal use in accordance with this Agreement. You agree not to access or use the Site in any manner that is prohibited in this Agreement or is otherwise unlawful.

2b. You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion, at any time, with or without notice and for any reason (or no reason), and you agree that if your authorization to access the Site is terminated or suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly until your termination or suspension is removed and we give you written notice thereof.

2c. You are not allowed to reproduce, modify, distribute, display any portion, distribute, publish any content or make any commercial use of any of the information provided of this Site unless expressly permitted by www.skjewellery.com.my in writing. This includes but not limited to the following:

• You shall not distribute in any form, any information, or other material that violates, infringes the copyrights, patents, trademarks, trade secrets, logo or other proprietary rights of any person
• You are not allowed to republish, archive or retain any content on the internet, intranet, extranet, database, archive or compilation. You are not allowed to use any content for commercial use
• You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the content in any way that affects the user’s experience. You are not allowed to use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others. You further agree not to use any data mining, bugs, viruses, worms, trap doors, web crawlers, robots, cancelbots, spiders, Trojan horses, other harmful code of properties or any data gathering or extraction method in connection with your use of the Site. You are not allowed to make any use of the Site for the benefit of another business unless permitted by www.skjewellery.com in advance in writing.

2d. www.skjewellery.com.my may assign you a password and account for identification, to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and www.skjewellery.com.my has no obligation to investigate the authorization or source of any such access or use of the Site. You are solely responsible for protecting the security and confidentiality of the password and identification assigned and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You shall immediately notify www.skjewellery.com.my of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS Site BY ANYONE USING THIS PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS Site (INCLUDING ALL OBLIGATIONS, COMMUNICATIONS AND TRANSMISSIONS) IS ACTUALLY AUTHORIZED BY YOU.

2e. www.skjewellery.com.my reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if www.skjewellery.com.my believes that the conduct by the customer violates applicable law or is harmful to www.skjewellery.com.my interests.

For your security, www.skjewellery.com.my advises that you never send anyone your ENTIRE credit card number. www.skjewellery.com.my will never request you to submit your ENTIRE credit card numbers. We strongly recommend you to cover all digits of the credit card numbers except for the last 4 digits and to cover the CVV code at the back of your credit card when submitting credit card information.

If you receive a suspicious e-mail with a link to update your account information, do not click on the link–instead go directly to www.skjewellery.com.my and then to your account.

If you are contacted by, or receive an unsolicited e-mail from an unknown entity, and are asked to confirm or provide your password or personal or banking information, disregard the request and contact us at [email protected]

3. Site Contents and Trademark

3a. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, HTML code, scripts, written and other materials that appear as part of the Site (collectively, the “Collection”) are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed by www.skjewellery.com.my.

The Site as a whole is protected by copyright and all worldwide rights, titles and interests in and to the Site are owned by www.skjewellery.com.my.

Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these materials is prohibited.

All rights not expressly granted in written are reserved by www.skjewellery.com.my.

3b. The Contents and Collection of the Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. www.skjewellery.com and its affiliated companies retain all rights regarding their trademarks, trade names and brand names.

These marks, names and /or all associated logos or images, are registered and/or common law trademarks of SK Jewellery.

You are also advised that SK Jewellery will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

4. Intellectual Property

All text, graphics, button icons, logos, trademarks, audio clips, video, clips, software (collectively, “Collection”), belongs exclusively to www.skjewellery.com.my. All software used on this Site is the property www.skjewellery.com.my or its software suppliers. Other slogans, trade names or service marks from www.skjewellery.com.my are prohibited unless permitted in written consent. You are not allowed to www.skjewellery.com.my trademarks in any manner that disparages discredits or in any way that is likely to cause confusion.

5. Submissions and Comments

5a. All surveys, comments, feedbacks, suggestions, ideas, and other submissions disclosed, submitted or offered to SK Jewellery on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain SK Jewellery’s property.

Such disclosure, submission or offer of any Comments shall constitute an assignment to SK Jewellery of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. SK Jewellery is and shall be under no obligation

• To maintain any Comments in confidence
• To pay user any compensation for any Comments, and/or
• To respond to any user Comments.

5b. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

When you post submissions or comments, you grant www.skjewellery.com the right to use the name that you submit and you also represent and warrant that you own or otherwise control all of the rights to the comments and other content that you post on this Site and will not infringe upon or violate the rights of any third party.

You shall not use a false e-mail addresses or otherwise mislead www.skjewellery.com.my or third parties as to the origin of any Submissions or Content.

You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material.

You are and shall remain solely responsible for the content of any Comments you make.

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to www.skjewellery.com, including without limitation, feedback, survey, ideas, know- how, questions, comments, and suggestions will be treated as non-confidential and non-proprietary, and www.skjewellery.com.my shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use by any mean.

All Submissions and Comments shall automatically become the exclusive property of www.skjewellery.com.my and shall not be returned to you.

6. Indemnification

You agree to indemnify and hold harmless SK Jewellery and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, incurred by the Indemnified Parties in connection with any claim arising out of:

• Your access and/or use of the Site,
• Any breach of any of these Conditions by you or any user of your account, and/or
• Any allegation which, if true, would constitute a breach of any of these Conditions by you or any user of your account.

7. Limitation of Liability

7a. In no event will www.skjewellery.com.my, its parents, affiliates and/or suppliers be liable for (a) any damages of any nature whatsoever resulting from, or related to, the loss, delay or inability to use the Site (including, without limitation, any content), the loss of any content obtained through the Site and/or (b) any indirect, consequential, special, incidental or punitive damages whatsoever including, without limitation, damages for loss of profits arising out of or in any way connected with these conditions and/or otherwise arising out of the use or performance of the Site (including, without limitation, any content), in each of the (a) and (b) above whether based in contract, tort, negligence, strict liability or otherwise and even if www.skjewellery.com.my, its parents, affiliates and/or suppliers have been advised of the possibility of such damages.

In all events, www.skjewellery.com.my‘s aggregate liability for claims arising out of or in any way connected with these conditions and/or the use or performance of the Site (including, without limitation, any content) whether based in contract, tort, negligence, strict liability or otherwise shall be limited to the greater of (a) $50.00, or (b) the amount you paid to access the Site during the three (3) month period prior to the accrual of the claim, if any. Some jurisdictions do not allow the disclaimer of some types of damages, so some of the above may not apply to you. This Site may include inaccuracies, mistakes or typographical errors.

www.skjewellery.com.my does not warrant that the content will be uninterrupted or error free.

7b. To the maximum extent permitted by law, www.skjewellery.com will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages.

8. Governing Law and Jurisdiction

The Site is hosted on servers located in Malaysia. This Agreement is governed by the laws of Malaysia. In the event you desire to initiate any suit against SK Jewellery, arising out of or relating to the Site (including, without limitation, the Content of the Site) and/or this Agreement, you agree to bring such suit in the courts sitting in Malaysia.

You further agree that we may initiate a suit against you arising out of or relating to the Site (including, without limitation, the Content of the Site) and/or these Conditions in such courts and you hereby waive all rights you may have or which may hereafter arise to contest jurisdiction or venue in such courts.

9. Disputes

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to an arbitrator in Malaysia, except that to the extent you have in any manner violated or threatened to violate www.skjewellery.com.my‘s intellectual property rights, www.skjewellery.com.my may seek injunctive or other appropriate relief in Malaysia.

You hereby consent to submit to jurisdiction of the Malaysia courts. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise.

10. Disclaimer

In no event will www.skjewellery.com.my or any of its affiliated entities be liable to any party for any direct, indirect, special, punitive, incidental, exemplary or consequential damages for use of this Site or any other hyperlinked websites.

Even if www.skjewellery.com.my has been previously advised of the possibility of such damages, whether in an action, under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from the Site.

These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy.

11. No Warranties

11a. We make no representation that materials or Content available through the Site are appropriate or available for use outside Malaysia and access to them from territories where their contents are illegal is prohibited.

Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.

The Site is controlled, operated and administered by us from our offices within Malaysia.

11b. Any content downloaded or otherwise obtained through the use of the Site is done at your sole discretion and risk. We and our suppliers hereby disclaim any and all warranties and representations, whether expressed or implied, oral or written, including, without limitation, any and all implied warranties of merchantability, reasonable care, compatibility, security, quality, timeliness, availability, completeness, reliability, accuracy, and/or fitness for a particular purpose (whether or not we and/or any of our suppliers know, have reason to know, have been advised, or are otherwise in fact aware of any such purpose), in each instance in respect of the Site (including, without limitation, all content).

Furthermore, we expressly disclaim any and all warranties of title and/or non-infringement in respect of the Site (including, without limitation, all content).

12. Links and Third Party Sites

12a. This Site may contain links to other Sites on the Internet that are owned and operated by third parties.

You acknowledge that www.skjewellery.com.my is not responsible for the operation of or content located on or through any such Site.

12b. To the extent that this Site contains links to outside services and resources, the availability and content of which SK Jewellery does not control, and any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

In addition, certain Third Party Sites also may provide links to the www.skjewellery.com.my website. None of such links should be deemed to imply that www.skjewellery.com.my endorses the Third Party Sites or any content therein.

12c. Access to any Third Party Sites is at your own risk and www.skjewellery.com.my will have no liability arising out of or related to any such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchases, use of or reliance on any such content, goods, or services available on or through any such Third Party Sites.

13. Remedies

13a. You agree that www.skjewellery.com.my shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that www.skjewellery.com.my may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, legal fees on a full indemnity basis.

13b. No instance of waiver by www.skjewellery.com.my of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

14. International Access

This Site may be accessed from countries internationally. This Site may contain products or references to products that are not available outside of Malaysia.

Any such references do not imply that such products will be made available outside Malaysia and shall not be construed as an offer to sell the said products.

15. Termination and Effect of Termination

www.skjewellery.com.my may without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of this Site and immediately revoke all passwords and identification issued to you and deny your access to and use of this Site in whole or in part.

16. Risk of Loss / Other Terms of Sale

The risk of loss for items purchased by you shall pass to you upon delivery of the goods to the third party delivery agents, in compliance to the standard terms of sale.

Delay or damage due to custom clearance or for items lost during third parties’ deliveries, the liability for loss is limited by the terms and conditions stated in the airway bill.

17. Product Information and Colours

17a. www.skjewellery.com.my has made every effort to display as accurately as possible the colours of our products that appear on the Site.

Most SK Jewellery products displayed on the Site are available in the SK Jewellery store and while stocks last.

In some cases, merchandise displayed for sale on the Site may not be available in the SK Jewellery store or vice versa.

17b. www.skjewellery.com.my has in their utmost ensured that the measurements, information and description for products furnished on the website are best calculated and stated to accuracy and true to its dimensions. However, due to the inherent characteristics of certain materials, actual measurements of individual items might vary slightly.

Slight marks and colour/print variations should not be considered as a fault, but they are inherent characteristics of the product.

18. Typographical Errors

From time to time, there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without prior notice.

19. Duties and Taxes

Duties and taxes outside Malaysia will be the responsibly of the recipient.

All items entering a foreign country are subject to customs inspection and assessment of the duties and taxes in accordance with that country’s national laws.

Please send any questions or comments regarding this Site to:

SK Jewellery Sdn Bhd
[email protected]