IMPORTANT NOTE: As well as reading the following Terms & Conditions to which you have agreed by using this Site, you should also refer to the terms and conditions of each individual seller (“Seller”) on their www.theeveryday.men home or product pages before making any order.
ACCEPTANCE OF TERMS
We may amend these Terms at any time by posting the amended terms on our site. The amended terms shall automatically become effective after they are posted on the Site. You should review the Terms periodically for changes. Your continued use of this site constitutes the following:
- acknowledgment of these Terms and any modifications; and
- agreement to abide and be bound by these Terms, including any modifications.
If you do not agree to these Terms then please do not use the Services or any part of them.
ACCESSING OUR SERVICES
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.
It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.
ELIGIBILITY FOR THE USE OF OUR SERVICES
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors (persons under the age of 18) or temporarily or indefinitely suspended www.theeveryday.men users. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents, guardians or person directly responsible for you. If you do not qualify, please do not use our Site. Further, your The Everyday Men.com.my account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
INTELLECTUAL PROPERTY RIGHTS
We own, or are the licensee to, all right, title and interest in and to the Services, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the App or any other part of the Services.
You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a license to do so from us or our licensors.
We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us here to report the concern.
DESCRIPTION OF OUR SERVICE
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that Seller and such contract shall comprise of these Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
You should carefully review the Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Terms and the email confirmation of your order or the applicable details on the product page, these Terms shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.
We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- a) No Warranty
We, our subsidiaries, officers, directors, employees and our suppliers provide the www.theeveryday.men website and our services “as is” and without any warranty or condition, expressed or implied or statutory. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- b) Limit of Liability
In no event shall we, our subsidiaries, officers, directors, employees or our suppliers be liable for lost profit or any special, incidental or consequential damages arising out of or in connection with our site, our service sor this agreement (however arising, including negligence).
- c) Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- d) Release
Because we are a venue, in the event that you have a dispute with one or more users, you release www.theeveryday.men (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
How contracts are formed between you and Sellers
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the acknowledgement of order.
Purchases for goods and/or services you make with Sellers may only be paid for using the payment methods we make available from time to time through our payment facility to put towards your purchase of goods and/or services on the Site. In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. In respect of all payment methods including gift vouchers, the Seller acknowledges and agrees that the valid payment by you to us or redemption of a voucher for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. You acknowledge that these Terms, and/or any transaction made by you via www.theeveryday.men or our services, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered.
REFUSAL OF TRANSACTION
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
Your shopping cart on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.
IMPORT REGULATIONS AND DUTY
If you order goods from our Site for delivery outside Malaysia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site (see below for a description of non-cancellable items), please contact the Seller directly by clicking on the “Contact Seller” button on their profile or product page. . Any returns or refunds shall be made by the Seller in accordance with the Returns & Refunds Policy.
You may link to our Site, 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. We reserve the right to withdraw linking permission at any time.
The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.
UPLOADING MATERIAL TO THE SITE
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
LISTING AND SELLING
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.
In your listings, you may not link to or include advertising for goods or services which
(a) describes an item that you are not trying to sell on www.theeveryday.men;
(b) you do not have a right to link to or include.
We reserve the right to remove a members listing if found that:
(a) Seller’s registration details and contact information is invalid, not contactable, or misleading.
(b) Seller has been suspended from trading for any other reason, which is against our guideline, rules and regulations.
You may not list on our site or sell any item using our site which:
(a) infringes any third party’s copyright, intellectual property, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(b) otherwise causes legally-recognized harm (such as a product that contains a defamatory statement); or
(c) is illegal under, or your sale to the buyer would violate, any applicable law, statute, ordinance or regulation;
Or anything prohibited in our Seller Policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
In the event of such a breach, your right to use our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms and any documents expressly referred to in them.
Where we or a Seller are prevented from or delayed in carrying out obligations under these Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
LAW AND JURISDICTION
This Agreement shall be governed in all respects by the laws of Malaysia. As such, laws are applied to agreements entered into and performed entirely within Malaysia and between Malaysian residents. Both parties submit to jurisdiction in Malaysia and further agree that any cause of action arising under this Agreement shall be brought exclusively to a court in Malaysia. Our Site does not guarantee continuous, uninterrupted or secure access to our services, and the operation of our site may be interfered with by numerous factors outside of our control. Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such sections. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.