Terms and Conditions
KakiBotol.com TERMS AND CONDITIONS
Welcome to our website dedicated to our brand KakiBotol.com (the “Website”). You should be of legal drinking age in your country to visit the Website.
HEALTH WARNING: MEMINUM ARAK ADALAH MEMBAHAYA UNTUK KESIHATAN. Excessive alcohol consumption is harmful to your health.
1 Parties and Agreement to the terms and conditions
1.1 This agreement (“Agreement”) is an agreement between you (“you” or “your”) and Mojo Entertainment Sdn. Bhd. (“KakiBotol.com”) (Company No: 1345550-U) and shall govern:
(a) the use of www.KakiBotol.com.my (“Site”);
(b) the services made available to you through or in connection with the Site (“Services”);
(c) sale and purchase of any of the products offered through the Site (“Products”); and third party products made available, offered, published or sold through the Site (“Third Party Products”), collectively referred to as the “Products”; and
(d) your use of all details, content, dimensions, data, photographs, text, descriptions, specifications, audio, video clips, graphics, images, materials, documentation and/or other information or any part thereof (“Information”) made available to you by KakiBotol.com in connection with this Agreement.
1.2 Your use of the Site constitutes your full agreement to the terms contained in this Agreement. If you do not accept any of the terms contained in this Agreement, you should immediately cease all usage of the Site and notify KakiBotol.com to discontinue any updates which you have signed up for, failing which you shall be deemed to have accepted all the provisions contained in this Agreement.
2 Compliance with Laws and Policies
2.1 The sale of alcohol to individuals below the age of 21 years old or professing the religion of Islam is strictly prohibited. If you fall below any of the categories above, please immediately exit the Site. You shall not purchase any Products from the Site.
2.2 You shall comply with and procure all your employees, staff, agents, representatives and/or personnel to comply with all applicable law, regulations, guidelines, policies, orders, codes and/or other requirements as may be imposed by all relevant governmental or regulatory bodies and authorities from time to time.
2.3 You shall comply with all guidelines, rules, regulations, policies, instructions, and procedures in connection with this Agreement as imposed or may be imposed from time to time by KakiBotol.com at KakiBotol.com’s absolute discretion.
3 Provision of Services and Products
3.1 If you wish to have full access to the Site and Services or if you wish to purchase any of the Products, you shall provide KakiBotol.com with all the necessary information. You shall be responsible for ensuring that all information made available by you to KakiBotol.com is accurate, original, authentic, complete, reliable, current, error-free and will not violate or infringe the rights, including without limitation Intellectual Property Rights (hereinafter defined), of any third party. You may be asked to provide additional verification or Information and KakiBotol.com shall be entitled to refuse you the access to the Site and/or the Services and/or refuse to process your order in the event you do not agree or fail to provide the requested Information without any liability on the part of KakiBotol.com. If you have created an account, you shall be solely responsible for maintaining the confidentiality of the information and activities of your account.
3.2 In the event that the contract for the sale of any of the Products is deemed to have been formed, usually when you have received the order confirmation email from KakiBotol.com, you may not modify or cancel such contract except with KakiBotol.com’s agreement in writing and on the condition that you shall indemnify KakiBotol.com in full against all loss, costs, damages, charges and expenses (including loss of profit) incurred by KakiBotol.com as a result of such modification or cancellation.
3.3 At any time before the formation of the contract for the sale of any of the Products, KakiBotol.com shall be entitled to refuse or cancel your order without giving any reasons despite the fact that your order has been acknowledged by KakiBotol.com. If any payment has already been made by you and received by KakiBotol.com in relation to an order which has been cancelled for the above reasons, KakiBotol.com will refund the same to you.
3.4 KakiBotol.com reserves the right to limit your order or the quantity of the Products you may order. Your order is subject to the availability of the Products. Please refer to Clause 7 for order fulfilment and delivery.
- 3.5 All Third Party Products are offered by the relevant third-party seller (“Vendor”) and KakiBotol.com is merely the facilitator of such Third Party Products.
- 3.6 The agreement formed or entered into between the relevant Vendor and you through the Site for the sale of any of the Third Party Products (“Sale Contracts”) are strictly made between the relevant Vendor and you to the full and absolute exclusion of KakiBotol.com. For the avoidance of doubt.
- (a) KakiBotol.com makes no representation and/or warranty of any kind as to the Third Party Products and KakiBotol.com shall not be made liable or responsible to you in any manner whatsoever for any costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising from the Sale Contract, including without limitation for any negligence, delay, failure, fault and/or breach on the part of the relevant Vendor save and except that KakiBotol.com shall be responsible for arranging the Third Party Products to be delivered to the agreed address specified by you from the Vendor’s site/warehouse.
- (b) The Vendor shall be solely liable for all claims in relation to and in connection with the Sale Contracts, including, without limitation, defective quality and/or inaccurate description of the Third Party Products save and except for the delivery of the Products from the Vendor’s site/warehouse to the agreed address specified by you.
- (c) KakiBotol.com shall not in any manner whatsoever be construed, at law or otherwise, to owe a fiduciary duty to you in respect of the obligations on the part of the Vendor.
3,7 Notwithstanding the foregoing, the Sale Contracts shall be subject to and you shall observe and comply with the following terms and conditions:
(a) You shall carry out all your obligations in connection with the Sale Contracts diligently in a timely manner; and
- (b) You shall comply with any instructions, guidelines and/or policies as may be published or provided by KakiBotol.com in connection with the Sale Contracts from time to time.
3.8 In the event that any conflict, dispute and/or issue in respect of the Sale Contract arises,
(a) You shall promptly notify KakiBotol.com and use your best endeavor to resolve such conflict, dispute or issue fairly and amicably;
(b) KakiBotol.com shall have the right to retain any sums paid for the Third Party Products until a mutually amicable binding resolution has been reached; and
(c)KakiBotol.com shall be entitled to intervene or take part in the resolution of such conflict, dispute or issue in order to protect its goodwill and reputation at its sole and absolute discretion and you shall comply with all reasonable instruction as may be made by KakiBotol.com in connection thereof.
4 Licence Terms
4.1 Subject to the terms and conditions contained herein, KakiBotol.com hereby grants you a non-transferable, non-exclusive licence to use the Site, Services and/or the Information made available to you by KakiBotol.com in connection with this Agreement (“KakiBotol.com Property and Services”, reference to KakiBotol.com Property and Services shall include any part thereof). Save and except as otherwise stated in this Agreement or with KakiBotol.com’s prior written consent, you shall not and shall not attempt, whether by yourself or by allowing any third party, to:
(a) use KakiBotol.com Property and Services for any purposes other than for the purpose of this Agreement. You shall not commercialise any KakiBotol.com Property and Services;
(b) use KakiBotol.com Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or not authorised by this Agreement or act fraudulently or maliciously;
(c) commercially exploit, misuse or abuse KakiBotol.com Property and Services in any manner whatsoever or otherwise compromise the integrity of KakiBotol.com’s software or systems;
(d) access any Information not intended for you, including without limitation logging into a server or an account which you are not authorized to access;
(e) use any device, software or routine to interfere with the proper working of the KakiBotol.com Property and Services and/or transmit or distribute any malicious code, viruses, or harmful data or cause any such malicious code, viruses, or harmful data to be transmitted or distributed into or through KakiBotol.com Property and Services or any operating system. You shall continuously operate nationally recognized virus scanning software to ensure that your system that integrates with or connected to KakiBotol.com Property and Services does not contain any virus or any other contaminant;
(f) distribute, transmit or post (or cause to be distributed, transmitted or posted) through or on KakiBotol.com Property and Services any Information which is or may be unlawful, technologically harmful, false, misleading, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages or may encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or which violates or infringes or may violate or infringe the rights (including intellectual property rights) of others;
(g) send, advertise or publish any unsolicited advertising or promotional content through or on KakiBotol.com Property and Services;
(h) collect or harvest any Information from KakiBotol.com Property and Services or KakiBotol.com’s systems in an unauthorized manner or attempt to decipher any transmissions to or from the servers running any of the services provided or hosted on or through the Site;
(i) carry out any activity or use KakiBotol.com Property and Services in a way which may:
- interfere with the proper working of KakiBotol.com Property and Services or otherwise affect the performance or functionality of any computer facilities related to KakiBotol.com Property and Services;
- interfere with or circumvent the security features of KakiBotol.com Property and Services or any related website, other websites, or the Internet;
iii. damage, disable, overburden, impair or compromise KakiBotol.com’s systems or security; or
- interfere with other users’ use and enjoyment of KakiBotol.com Property and Services;
(j) copy, distribute, recreate, and/or disseminate the underlying software of KakiBotol.com Property and Services except where such act is incidental to the normal use of KakiBotol.com Property and Services, or where it is necessary for the purpose of this Agreement or other back-up and/or operational security reasons;
(k) provide or otherwise make available the underlying software of the Site in whole or in part (including object and source code), in any form to any person;
(l) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the underlying software of KakiBotol.com Property and Services;
(m) disassemble, decompile or reverse engineer or create derivative works based on the whole or any part of the KakiBotol.com Property and Services; and
(n) make alterations or modifications to the underlying software of the whole or any part of KakiBotol.com Site/Services or permit the same to be combined with, or become incorporated in, any other programs.
5 Consumer Protection
5.1 Notwithstanding anything contained herein, if the Consumer Protection Act 1999 (“CPA”) applies and if you are dealing as a consumer under the CPA (consumer shall have the meaning prescribed to it by the CPA, “Consumer”),
(a) KakiBotol.com gives you such implied warranties under the CPA that cannot be excluded by the CPA. This Agreement is only intended to exclude or limit the remedies and rights you may have to the maximum extent permitted by the CPA; and
(b) nothing in this Agreement is intended to exclude or limit KakiBotol.com’s liability to you for any loss or damage arising from KakiBotol.com’s negligence or KakiBotol.com’s breach of any express or implied terms of this Agreement without adequate justification.
6 Terms of payment
6.1 You may make payment to KakiBotol.com for the purchase of any of the Products via any of the payment gateways available on the Site. You shall be bound by the specific terms and conditions applicable to the relevant payment gateway in addition to this Agreement.
7 Order Fulfilment and Delivery of Products
7.1 Time for delivery shall not be of the essence of the Agreement. Dates quoted on the Site for delivery are approximate only and KakiBotol.com shall not be liable for any delay in delivery of the Products. Please note that KakiBotol.com has the right to sub-contract its obligations for the delivery of the Products to any third party at any time and at its sole discretion. The order fulfilment and delivery of the Products shall be in accordance with KakiBotol.com’s order fulfilment and delivery policy attached to this Agreement as Part 1 of Schedule 1.
8 Risk and Title
8.1 Risk of damage to or loss of the Products shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Products, the time when KakiBotol.com has tendered delivery of the Products. KakiBotol.com shall not be liable for any damage to or loss of the Products from the time when risk passes to you.
8.2 The property in the Products shall pass to you upon the later of the following events:
(a) KakiBotol.com has received cleared funds payment in full of the price of the Products; or
(b) delivery of the Products.
8.3 In the event that you have received any Products in which the property has yet to pass, you shall hold the Products on behalf of KakiBotol.com on trust and shall not cause the Product to be encumbered in any way until the property has passed to you. KakiBotol.com shall have the right to demand you to deliver up to KakiBotol.com the Products in which the property has not passed to you. You shall indemnify KakiBotol.com against all loss damages costs expenses and legal fees incurred by KakiBotol.com in connection with the assertion and enforcement of KakiBotol.com’s rights under this Clause if such actions become necessary as a result of your fault.
9 Return and Refund Policy
9.1 If you are dealing as a Consumer under the CPA, this Clause is only intended to exclude or limit the remedies and rights you may have under the CPA to the maximum extent permitted by the CPA. Save and except the foregoing, the provisions below shall apply to all contracts formed between KakiBotol.com and you for the sale and purchase of the Products.
9.2 The return and refund of any Products shall be in accordance with KakiBotol.com’s return and refund policy set out in Part 2 of Schedule 1.
10 Promotions, Vouchers and Points
10.1 KakiBotol.com may do promotions, issue vouchers and award points for the purchase of the Products through the Site from time to time. The promotions and issuance and utilisation of the vouchers and points shall be governed by the terms and conditions set out in Part 3 of Schedule 1.
11.1 KakiBotol.com warrants that the Services will be provided with reasonable care and skill.
11.2 To the maximum extent permitted by law and subject to the provisions of the CPA (where you are dealing as a Consumer under the CPA), aand KakiBotol.com Property and Services are provided on an “as is” and “as available” basis, with all faults and without warranties or conditions of any kind, and KakiBotol.com hereby disclaims all warranties and conditions with respect to such KakiBotol.com Products and KakiBotol.com Property and Services save and except as otherwise stated herein. Without limiting the generality of the foregoing, KakiBotol.com does not guarantee, represent or warrant:
(a) that the KakiBotol.com Products and/or KakiBotol.com Property and Services will meet your requirements;
(b) that your use of the Services and/or the Site will be uninterrupted, timely, secure or error-free;
(c) the timeliness, adequacy or completeness of the Information contained in the Site or the Services; and
(d) that the Site or the Services are free from any computer virus or other malicious, destructive or corrupting code, agent or program. You shall be responsible for implementing all necessary security and virus protection measures on or in your computer or mobile device before accessing the Site.
11.3 You understand, acknowledge and agree that advice or recommendations are a matter of opinion and may not represent the true application, quality or feature of a particular Product, as such you accept that any advice or recommendation given by KakiBotol.com, its employees or agents is followed or acted upon entirely at your own risk, and accordingly KakiBotol.com shall not be liable for any such advice or recommendation.
12 Liability of KakiBotol.com
12.1 To the maximum extent permitted by law and subject to the provisions on the CPA:
(a) in no event shall KakiBotol.com be liable for any indirect, incidental, punitive and/or consequential damages and/or losses, loss of profit, goodwill, production and/or revenue and/or any other type of special losses and/or damages howsoever arising whether or not such losses and/or damages were reasonably foreseeable or KakiBotol.com had been advised of the possibility of the same incurring; and
(b) KakiBotol.com’s maximum and cumulative total liability (including any liability for acts and omissions of its Representatives) in respect of any and all costs, loss, damages, claims, fines, penalties, liabilities and/or expenses however arising under, or in connection with, this Agreement (whether arising in contract, tort or otherwise) shall not exceed the fees paid by you for the relevant Products.
13 Intellectual Property Rights
13.1 You acknowledge and agree that KakiBotol.com and/or KakiBotol.com’s suppliers, contractors, partners and/or licensors (if any), shall own and retain all rights, titles and interests in, to and under (a) patents, registered designs, designs, copyrights and all other intellectual or industrial properties in connection with the Products and KakiBotol.com Property and Services, including without limitation know-how, inventions, and trade secrets (and all copies and derivative works thereof, by whomever produced); and (b) all of its respective names, service marks and logos, trade names and any other trademarks (collectively be referred to as the “Intellectual Property Rights”). Nothing in this Agreement shall transfer or assign any such Intellectual Property Rights to you. All Intellectual Property Rights created and/or developed pursuant to this Agreement by KakiBotol.com (its suppliers, contractors, partners and/or licensors (if any)) shall belong absolutely to KakiBotol.com.
13.2 You shall not use KakiBotol.com Property and Services and any other properties in which any of the Intellectual Property Rights subsist except only to extent necessary for the purpose of and to the extent permitted by this Agreement. You shall not, whether by yourself or through any other person, engage in any conduct which will infringe the Intellectual Property Rights of KakiBotol.com or those of any third party in relation to your use of the Site and/or Services.
14 Confidential Information
14.1 “Confidential Information” means all information of any kind, whether in machine readable or visually readable form, oral or otherwise and whether or not labelled as “Confidential”, that are made available by or on behalf of the disclosing party to the receiving party for the purposes relating to or in connection with this Agreement. “Confidential Information” shall not include information that: (i) was, at the time of its disclosure, already in the possession of the receiving party and such party can establish, through reasonably sufficient and credible competent evidence, such prior possession; (ii) is independently developed by the receiving party, (iii) is or becomes generally available to the public other than as a result of a breach of this Agreement by the receiving party or its Representatives (hereinafter defined); or (iv) becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party or its Representatives; provided, however, that such source is not to the knowledge of the receiving party bound by a confidentiality agreement or other legal or fiduciary obligation of secrecy to the disclosing party.
14.2 The receiving party shall not disclose the Confidential Information or any part thereof to any person except (i) where such disclosure is required by law or the regulations of any securities exchange; (ii) where such disclosure is permitted under this Agreement; (iii) to their respective employees, agents, service provider, personnel and/or legal, financial and/or accounting advisors (collectively, “Representatives”) who have a definite need to know such Confidential Information for the purpose of this Agreement; and/or (iv) with prior written approval of the disclosing party. In the event that any Confidential information is disclosed to any third party and/or Representatives in accordance with this Clause, the receiving party shall ensure that such third party and/or Representatives have been duly apprised of the requirements of this Clause and are or will be bound to keep such Confidential Information confidential as required in this Agreement.
14.3 Notwithstanding anything contained herein, KakiBotol.com shall be entitled to disclose your Information to the relevant Vendor or KakiBotol.com’s service providers for the purpose of this Agreement. You hereby irrevocably and unconditionally authorises KakiBotol.com to forward your contact Information to the relevant Vendor and service providers of KakiBotol.com.
14.4 All Confidential Information shall solely be used for the purpose of this Agreement.
15 Personal Data
15.1 Your Personal Data will be processed in accordance with the Privacy Notice published on the Site.
16 Force Majeure
16.1 KakiBotol.com shall not be liable to you in any manner whatsoever or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of KakiBotol.com’s obligations if such delay or failure was due to any cause beyond KakiBotol.com’s reasonable control, including but not limited to:
(a) fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(d) import or export regulations or embargoes;
(e) strikes, lock outs or other industrial actions or trade disputes (whether involving employees of KakiBotol.com or of a third party);
(f) difficulties in obtaining raw materials, labour, fuel, parts or machinery faced by KakiBotol.com or suppliers; or
(g) telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
17.1 You may post and/or submit any reviews, comments, suggestions, ideas, and other Information to KakiBotol.com via the Site provided that such Information is in compliance with the relevant provisions contained in Clause 4. KakiBotol.com reserves the right (but not the obligation) to remove or edit any Information posted or submitted by you.
17.2 If you do post or submit any Information to KakiBotol.com, unless otherwise specified by you and agreed by KakiBotol.com, you grant KakiBotol.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Information throughout the world in any media together with your name and identity. You represent and warrant that all Information posted and/or submitted by you to KakiBotol.com is accurate, original, authentic, complete, reliable, current, error-free and will not infringe the Intellectual Property Rights of any third party.
17.3 Without limiting the generality of Clause 4, you agree that you shall not upload any submission that includes or references any one or more of the following:
- (a) Information known by you to be false, inaccurate or misleading;
- (b) Offensive, profane, vulgar, obscene or inappropriate language or visuals;
- (c) Defamatory, libelous, or slanderous content;
- (d) Content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights; or
- (e) Programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.
18 Availability of the Site
18.1 KakiBotol.com shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment or device needed for access to and use of the Site.
19 Third Party Sites
19.1 The Site may contain links to other independent third-party sites/platforms. Such third party sites/platforms are not under KakiBotol.com’s control, and KakiBotol.com is not responsible for any Information contained therein. The inclusion of such a link or reference does not imply endorsement of, or association with, the site/platform by KakiBotol.com, or any warranty of any kind, either express or implied.
20.1 You shall fully indemnify, hold harmless and if so requested by KakiBotol.com, defend KakiBotol.com, its affiliates and each of their respective members, directors, officers, employees and agents harmless from and against any and all actions, claims, costs, damages, demands, expenses, losses, payments, fines, penalties and liabilities (“Losses”) made against, suffered, or incurred by KakiBotol.com arising howsoever from or in connection with this Agreement, whether in tort, contract or otherwise, including without limitation any Losses arising from (i) your use of KakiBotol.com Property and Services; (ii) arising from your breach, negligence, omission, misrepresentation, non-observance or non-performance of this Agreement. This Clause shall survive the expiry or termination of this Agreement for any reason whatsoever.
21 Termination and Suspension
21.1 Without prejudice to any other rights KakiBotol.com may have under this Agreement or at law, KakiBotol.com may immediately terminate this Agreement by notice in writing if:
(a) you are in breach of this Agreement and such breach is not remedied within thirty (30) days of KakiBotol.com's written notice; or
(b) you shall pass a resolution for winding up or becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration or bankruptcy proceeding or if a receiving order is made against you or you make any arrangement or composition with your creditors.
21.2 KakiBotol.com shall be entitled to terminate your use of the Site for convenience by giving you at least thirty (30) days’ prior written notice and all orders made prior to the date of such notice will be fulfilled unless otherwise agreed.
21.3 Upon termination of this Agreement and during any suspension, (a) all rights granted to you under this Agreement shall cease; (b) you must immediately cease all activities authorised by this Agreement; and (c) when requested, you shall return to KakiBotol.com or destroy all Confidential Information.
21.4 Without prejudice to any other rights KakiBotol.com may have under this Agreement or at law, KakiBotol.com shall have the right to immediately (without notice):
- (a) suspend or cease your access to the Site and/or Services;
- (b) remove any Information submitted, uploaded or transmitted by you to or through the Site;
- (c) suspend any or all of the activities and/or transactions in connection with your account; and/or
- (d) withhold, retain or forfeit any payment due, owing to you; in any of the following events:
- (e) KakiBotol.com is of the opinion that your performance of any of the Sale Contracts is not satisfactory in KakiBotol.com’s sole discretion.
- (f) KakiBotol.com is of reasonable opinion that your use of the Site and/or Services will interfere or cause disturbances to other user’s use or enjoyment of the Site or Services; or
- (g) you are found to be in breach of any of the terms and conditions contained in this Agreement or KakiBotol.com suspects, on reasonable grounds, that you may have committed any such breach.
22.1 “Business Day” shall mean a day that is not a Saturday, a Sunday or a public holiday or bank holiday in the state of Selangor, Kuala Lumpur, Johor and/or Penang. Except as otherwise agreed or provided in this Agreement, all notices and other communications to be sent to the other party (“Recipient”) pursuant to this Agreement shall be in writing and in English language and shall be valid and sufficient if dispatched or sent to the address, email address or facsimile notified by the Recipient to the other party (through the Site or under this Agreement). Such notice shall be deemed to have been served (a) if delivered personally at the time of delivery; (b) if sent by registered mail or courier, five (5) days after dispatch; (c) if sent by facsimile, upon receiving the confirmation report stating successful transmission of the facsimile if sent before 5p.m. on a Business Day and if sent on a non-Business Day or after 5p.m. on a Business Day, the next Business Day; or (d) if sent by e-mail, upon successful delivery of the e-mail and recorded as a sent mail if sent before 5p.m. on a Business Day and if sent on a non-Business Day or after 5p.m. on a Business Day, the next Business Day. Notwithstanding anything to the contrary in this clause, notification by way of email shall not be applicable to or valid with respect to any legal, notices, claims, demands, suits, actions and/or proceedings.
22.2 The details of KakiBotol.com are as follows:
Mojo Entertainment Sdn Bhd (1345550-U)
23 No Agency/Partnership
23.1 Nothing in this Agreement shall create, or be deemed to create, a joint venture, partnership or the relationship of principal and agent between/among the parties. No party has any authority to act, make representations or bind or contract on behalf of the other party.
24.1 KakiBotol.com shall have the right at any time to add, delete, amend, or modify this Agreement, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for access and use. Such addition, deletion, amendment, or modification shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Site by you after the issuance of such notice shall be deemed to constitute acceptance of this Agreement with such addition, deletion, amendment, or modification. You shall immediately notify KakiBotol.com in the event that you are not agreeable to any such addition, deletion, amendment, or modification and this Agreement shall be deemed terminated upon your notification to KakiBotol.com of your disagreement unless otherwise agreed by KakiBotol.com.
24.2 You are responsible for reviewing the latest version of this Agreement each time you submit your order. No amendment or variation of this Agreement by you shall be valid and binding unless approved in writing by both parties.
25.1 No failure or delay on the part of a Party in exercising any rights or remedies under this Agreement at any time or for any period of time nor any knowledge or acquiescence by a Party of, or in, breach of any provision of this Agreement shall operate as or be deemed to be a waiver thereof nor shall a waiver by that Party of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. A provision of right or remedy under this Agreement may not be waived except in writing signed by the waiving Party.
26.1 Any term, condition, stipulation, provision, covenant or undertaking (“Provision”, and any reference to Provision shall include any part thereof) contained in this Agreement which is illegal, invalid or unenforceable shall be fully severable and ineffective to the extent of such illegality, invalidity or unenforceability without invalidating the remaining Provisions contained in this Agreement which shall not be affected by the illegal, invalid or unenforceable Provision or by its severance herefrom. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable Provision had never comprised a part hereof. Where any Provision of, or the application of any provision of this Agreement is illegal or unenforceable or deemed to be illegal or unenforceable, the Provision shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable Provision.
27 Governing law
27.1 This Agreement shall be governed by the laws of Malaysia and you agree to submit to the non-exclusive jurisdiction of the Courts in Malaysia.
28 Entire Agreement
28.1 This Agreement (together with any documents referred to herein) constitutes the whole agreement between the parties relating to the subject matter hereof and supersedes any prior agreements, understandings or arrangements between them, whether oral or in writing relating to the subject matter hereof and no representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as set out in this Agreement.
29 Assignment, Novation, Delegation and Subcontracting
29.1 Your rights, title, benefits, obligations and duties under this Agreement shall not be transferred, assigned, novated and/or sub-contracted to any other party without KakiBotol.com’s prior written consent. KakiBotol.com shall be entitled to transfer, assign, novate and sub-contract its rights and obligations under this Agreement.
30 Successors and Assigns
30.1 This Agreement shall be binding upon the parties and their permitted legal assigns and successors in title.
31.1 The Provisions of this Agreement which are capable of having effect after the expiration/termination of this Agreement shall remain in full force and effect following the expiration/termination of this Agreement unless otherwise agreed in writing.
32.1 In this Agreement, unless the context otherwise requires: (a) words denoting the singular include the plural and vice-versa; (b) words denoting natural persons may include bodies corporate and unincorporated; (c) references to any legislation or to any provision of legislation shall include any modification or re-enactment of that legislation or any legislative provision substituted for, and all regulations and statutory instruments issued under such legislation or provision; (d) headings of this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement; (e) no rule of construction or interpretation applies to the disadvantage or detriment of the party having control or being responsible for the preparation of this Agreement; and (f) any words following the terms including, include or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
PART 1 ORDER FULFILMENT AND DELIVERY POLICY
- KakiBotol.com will process your order from 7:00 am to 11:00 pm daily in Klang (“Order Processing Window”). All orders received outside these hours, Sundays and on any such public holiday will not be processed by KakiBotol.com until the next Order Processing Window.
PART 2 RETURN AND REFUND POLICY
- If there is any issue with the delivered Products, you shall immediately contact KakiBotol by way of e-mail to the email address specified or over KakiBotol’s social media platforms. A reference number will be issued to you upon the receipt of the return form by KakiBotol. KakiBotol reserves the right to refuse any returned Product where a return form is not submitted or attached..
- You acknowledge and accept that all returned Products will be subject to an examination by KakiBotol, its merchant, manufacturer or supplier. KakiBotol reserves the right to refuse to replace or issue the refund for the returned Products in the following situations, including without limitation:
(a) Change of Products without any specific reason;
(b) Products with missing merchandise serial number or product code;
(c) Non-faulty Products;
(d) Gift certificates/vouchers;
(e) Free gift items; and/or
(f) Promotional items.
PART 3 VOUCHERS AND POINTS
KakiBotol may do promotions, issue vouchers and award points for the purchase of the Products through the Site from time to time subject to the terms and conditions contained herein. KakiBotol shall have the absolute discretion to vary the terms and conditions applicable to each voucher/promotion. “Vouchers” includes, but not limited to, points, coupon code, discount code, discount coupon, sale voucher, voucher code or any other form of discount applicable to the purchase of the Products from the Site.
- What Personal Data We Collect and How We Use your Personal Data
In the course of your relationship with us, we collect a large variety of Personal Data relating to you and your relationship with us. We collect your Personal Data from the information you have provided to us and/or in any other KakiBotol.com forms that you are required to complete, as well as any other information we have or may obtain about you through any oral or written communications, when you participate in our events, when you purchase our products or services online, when you create an account on the Website or when you “like” our Website. Requested information on the Website marked with an asterisk is mandatory. If you do not provide the requested information, we will not be able to deliver the service or product to you.
We have specified the Personal Data we collect and the purposes for which we use the Personal Data:
(a) processing your order to be able to process your payment and to deliver the requested product or service to you: We need your name, e-mail address, telephone number (in case we need to communicate to you about your order), your postal address or the recipient of our services (if different than yourself), your date of birth (as we are legally required to ask for before allowing you to visit our Website), payment information and et ceter This is also for our sales administration.
The use of this Personal Data is to perform our agreement with you or to comply with legal obligations, such as tax and accounting rules.
(b) registration and creating an account on our Website: Before you make a purchase, you will be asked to create an account and provide us with a log-in name and password (which we need to process your account) and e-mail address, first name/last name, billing address, birth date (which we will use to validate and process your order). Creating an account is necessary for making purchases so for the performance of your agreement with us. You can manage the information in your account yourself and view e.g. which purchases you have made earlier.
(c) customer services: we process your e-mail address or phone number (depending on how you have contacted us) for answering your questions and/or issues you have submitted via the Website, for product recalls or other service mails you sent u We register your requests, questions and our responses and other actions to handle your request.
(d) sending newsletters, messages and/or e-mails containing marketing information, such as information on our products and/or services and/or our related corporations and/or the products and/or services of our business partners: if you have subscribed to the newsletter and/or registered and created an account on our Website or participated in any contest or events or followed any of the Social Media Sites, we use the e-mail address you have provided to send you our newsletter and/or e-mails containing marketing If you have ordered one of our products via our Website, we may also send you newsletters to inform you of our other similar products that we think may be of interest to you. If you no longer wish to receive any e-mails from us, you can unsubscribe at any time by using the unsubscribe function in each e-mail message or you can contact us.
(e) marketing: information about your purchases, your online searches (clicks and views), your settings on our Website, the items in your shopping cart, your customer service requests and contact history can be collected by us. This information enables us to use different channels for relationship management and marketing of our products and services to you via e-mail and/or newsletters and/or online advertising which may include personalising Website content and offers so these are tailored to your preferences. We measure the effectiveness of our campaigns.
You can always opt-out of receiving our newsletter or direct mail for direct marketing purposes (for more information on how to do this, read the paragraph below on your rights).
We use this Personal Data as it is necessary in our legitimate interests to be able to promote our products and services to our customers and website visitors, to enable us to attract more customers, to improve the sale of our products and services and to finance our Website (via online advertisements). We will retain the Personal Data as specified under the relevant purposes for which the Personal Data have been collected (e.g. newsletters, account information, processing orders and payments).
(f) information about your visit to and use of our Website: we collect certain information when you visit our Website, such as your IP address, which web pages you visit, the name of your computer, and type of internet browser, clicks and views. We also keep track of how you use our newsletter, which pages you view and which parts you read so we can customize the newsletter to your preferences. The information about your use of our Website and services enables us to build segments, which are groups of website visitors or customers with a number of common characteristics such as age group, gender or regio We will likely add you to one of our segments, which we use to customise the Website and to e.g. change the order of search results or where we place certain offers, so you are more likely to see these. We may also use segments to show online advertisements and/or send you e-mails that we think are relevant to you.
We use this Personal Data as it is necessary in our legitimate interests to do so to be able to promote our products and services to our customers and website visitors, to enable us to attract more customers, to improve the sale of our products and services and to finance our Website (via online advertisements).
(g) maintenance and optimisation of our Website: Your Personal Data will also be used for maintenance and analysis of our Website to solve performance issues, to improve the availability and to secure the website against fraud (e.g. in case of repeated attempts to log-in or to make a purchase or if the purchase is made where there is non-compliance with our terms and conditions,
e.g. by individuals under 21 and/or by Muslims). The analysis also enables us to check whether the online ordering process works efficiently so we can improve, where possible. Our use of your Personal Data for these purposes is necessary in our legitimate interests.
(h) participate in research activities: We also may request you to participate in research activities such as: surveys, pilots, panels, focus groups, and other research activities. Depending on the research activity, we will collect different sets of Personal
(i) allowing you to participate in campaigns, contests and/or other promotions: Your Personal Data such as name, e-mail address, residential address and telephone number will be processed to administer our campaigns, contests and/or other promotions in which you choose to participate. Some of these promotions have additional rules containing information about how we will use and disclose your Personal Dat We need this information to process your participation and to be able to communicate with you about your prize or to send the prizes to you.
If we use your Personal Data for other purposes, we will inform you of this other use separately.
For certain services and purposes of the Website and/or Social Media Sites, you need to provide Personal Data to us for us to be able to process your orders or to send newsletters or other information to you. In addition to the information you are required to provide to us, we collect certain information when you visit our Website and/or the Social Media Sites.
The use of this Personal Data is to perform our agreement with you or to comply with legal obligations, such as tax and accounting rules.
You can always opt-out of receiving our newsletter or direct mail and you can always object to our use of your Personal Data for direct marketing purposes (for more information on how to do this, read the Paragraphs 10. and 11. below on your rights).
- How We Share and/or Disclose Your Personal Data
We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may need to share your Personal Data with third parties without providing further notice to you, to help us provide services and products to you and to run our Website (“Third Parties”). These Third Parties are:
- KakiBotol.com group of companies and the official brand owners for KakiBotol.com’s products for the purpose of storing Personal Data processed via the Website, due to shared IT systems;
- service providers where this is needed to provide us with a service or to (help us) provide or deliver the service or product ordered by you on the Website (including our third-party delivery provider) and to provide data analytics services;
- business partners for the purpose of collaboration in joint activities;
- independent debt recovery agencies, solicitors or other agents for the purpose of collecting monies due or outstanding on your account;
- in case KakiBotol.com sells all or some of the assets or shares of a KakiBotol.com group company to which Personal Data was transferred to a third party, your Personal Data may be provided to this third party.
These parties may be located in Malaysia, countries in the European Economic Area or elsewhere in the world.
We may also need to provide Personal Data to law enforcement bodies in order to comply with any legal obligation or court order.
- Transfer of Personal Data outside of Malaysia
It may be necessary to transfer your Personal Data to a Third Party located in countries outside of Malaysia. This may happen where the Third Party is based outside of Malaysia or where you access and/or use our Website from countries outside of Malaysia. By continuing accessing and/or using the Website, you consent to such transfer.
When Personal Data is stored by us outside Malaysia we will ensure an adequate level of protection of the transferred Personal Data. We require service providers to use appropriate measures to protect the confidentiality and security of the Personal Data.
- Security of Personal Data
We will take appropriate technical, physical and organisational measures to protect the Personal Data collected through the Website from misuse or accidental, unlawful or unauthorised destruction, loss, alteration, disclosure, acquisition or access, that are consistent with applicable privacy and data security laws and regulations. However, no internet-based site can be 100% secure and we cannot be held responsible for unauthorised or unintended access that is beyond our control.
- Retention of Your Personal Data
- to help save and retrieve passwords used on the Website. This way, you do not have to re-enter information upon every new visit to the Website;
- to track information such as the frequency and duration of your access and/or use of the Website, your click-stream as you go through the Website and help us determine whether you came to the Website from a particular internet link or banner advertisement;
- to analyse the profile of visitors and users to help us in providing you with better access and/or use of the Website and to enhance the Website;
- to personalise the content, banners and promotions that you will see on the Website; and
- anonymous tracking of interaction with online advertising e.g., to monitor the number of times that a banner ad is displayed and the number of times it is clicked.
Most cookies are “session cookies”, meaning that they are automatically deleted from your device at the end of a session. You are always free to decline cookies if your device permits, although in that case you may not be able to access or use certain features of the Website.
- Social Media
You may choose to share information on our Website via social media, such as Facebook, Instagram, Twitter, LinkedIn or YouTube, and/or any other social media sites maintained by us or our licensors (“Social Media Sites”). This means that the information you share, with name and preferences, shall be visible to visitors of your personal pages. We advise you to carefully read the privacy policies of the social media parties as these are applicable to the processing of your Personal Data by these parties.
We will be processing your Personal Data in accordance with the Purposes set out above.
- Children's Privacy
The Website is not intended for use by individuals under the age of 21. We do not knowingly collect Personal Data from individuals under the age of 21.
- Your Rights to Access, Rectification, Deletion, Restriction and Data Portability
You have the right to request an overview of your Personal Data processed by or on behalf of us. You have the right to have your Data rectified, deleted and/or restricted (as appropriate). You can exercise this right by contacting the relevant personnel listed in the contact details below. Please note that requests that do not meet the requirements set out by applicable law or KakiBotol.com guidelines may be requested to be re-issued or ultimately denied and that certain Personal Data may exempt from such access, rectification and deletion requests pursuant to applicable data protection laws or other laws and regulations. We will retain Personal Data where it is legally required for us to do so, for example, sales administration and/or tax and accounting rules.
You have the right to receive the Personal Data that you have provided to us in a structured, commonly used and machine-readable format, and in certain circumstances we will, at your request, transmit your Personal Data to another data user/controller where this is technically feasible.
- Your Right to Object
You also have a right, in certain circumstances, to request us to stop processing your Personal Data, but where we have compelling legitimate grounds, we will continue processing your Personal Data. However, you have the right to object to our use of your Personal Data for direct marketing purposes, including profiling, and when you do so, we will accommodate your request. Where you have provided consent to our use of your Personal Data, you have the right to withdraw your consent without this effecting the lawfulness of our use of this Data before your withdrawal.If you subsequently withdraw your consent to process your Personal Data, please note that we may not be able to process your Personal Data for any of the purposes stated in Paragraph 2.
- Accuracy and Completeness of Personal Data
You are responsible for ensuring that the information and/or Personal Data you provide us is accurate, complete, and not misleading and that such information is kept up to date.
If you wish to exercise any of your rights listed above, you can contact us at Name: Privacy Officer – KakiBotol.com
Mojo Entertainment Sdn Bhd (1345550-U)
Please note that we may request proof of identity.