All items purchased via qalercosmetic.com (“Website”) and or via Qaler Cosmetic Shopee and its relevant shop (“Shopee”) are for the sole use of the registered user or subscriber (individual or organisational) as the case may be, and are for private and domestic use only.
All communication with Qaler Cosmetic in respect of the purchase of items should be done through the site messenger or by email to firstname.lastname@example.org.
As part of the registration process, all users must define a username, provide a valid email address, mobile number and create a password. It is the responsibility of the registered user to ensure that every effort is made to keep the registration details secure and not to disclose them to anyone. Usernames cannot be transferred and registered users must not permit, either directly or indirectly, anyone other than themselves to use their username and password for the purchase of items.
It is the responsibility of the registered user to keep the username, password and contact details up-to-date.
Qaler Cosmetic reserves the right to, at its sole and absolute discretion from time to time without prior notification, amend, modify, update, change and / or terminate the Loyalty Programme and / or all or any portion of the Terms and Conditions (“Amendments”, and “Amended” shall be construed accordingly); and any Amendments will be effective immediately upon posting of the same on the Qaler Cosmetic website at qalercosmetic.com (“Website”). Each Amended version of the Terms and Conditions shall apply and supersede all previous versions including the hardcopy version (if any). In the event of any inconsistency between these Terms and Conditions and any other material in any medium containing information on the Loyalty Programme, these Terms and Conditions (as Amended) shall prevail.
By signing up, you agree that it is your responsibility as a Member to keep yourself updated with the Terms and Conditions (as Amended). Any continued participation as a Member after any Amendments to the Terms and Conditions shall constitute consent, acceptance and affirmative agreement by the Member to the Terms and Conditions as they exist from time to time, including, without limitation, the Amended Terms and Conditions. Qaler Cosmetic shall not be held liable for any loss, damage or expense accrued (regardless of whether Qaler Cosmetic receives prior notice or advice of the possibility of damage) as a result from any Amendments to the Loyalty Programme or these Terms and Conditions.
NOTICE – Qaler Cosmetic may give notice by means of a general notice on the Website, electronic mail to your email address in records of Qaler Cosmetic or by registered mail to your address in the records of Qaler Cosmetic. Such notice shall be deemed to have been given:
immediately upon posting on the Website;
upon the expiration of forty-eight (48) hours after mailing or posting (if sent by registered mail); or
upon the expiration of one (1) hour after sending (if sent by email).
From time to time, we give “Free Gift” when you purchase qualifying items or place a qualifying order. These are the terms and conditions that govern those promotions:
- The free gift cannot be substituted for any other item, cash or credit.
- The free gift is will be dispatched with the relevant items from your qualifying order.
- Placing multiple orders or orders for multiple items does not entitle you to more than one free gift.
- This offer is only available on orders placed here on our website.
LIMITATION OF LIABILITIES
Qaler Cosmetic is responsible only for obligations expressly stated in these Terms and Conditions.
No advice or information, whether oral or written, obtained by you from Qaler Cosmetic or its staff, shall create any warranty on the Loyalty Programme not expressly stated by Qaler Cosmetic in these Terms and Conditions.
Qaler Cosmetic shall not be liable for any losses, damages, rights, claims or cause of action, including but not limited to any damage or loss to property owned by or in your possession, injury which you may suffer, or any indirect, punitive, special or incidental damages associated or arising from these Terms and Conditions, arising from you participation or Membership in the Loyalty Programme, whether in breach of these Terms and Conditions (including breach of warranty), tort or of whatever causes, even if Qaler Cosmetic has been advised of the possibility of such damages. Qaler Cosmetic disclaims any responsibility for the aforementioned damages notwithstanding any claim that a sole or exclusive remedy provided in these Terms and Conditions may or does fail of its essential purpose
To the fullest extent permitted by law, Qaler Cosmetic shall in no event be liable for any losses, damages, rights, claims or cause of action of any kind incurred, suffered, sustained by you arising from or in connection with your participation or Membership in the Loyalty Programme, including but not limited to:
any acts, omissions, negligence or wilful default on the part of Qaler Cosmetic, and each such entities’ parent companies, subsidiaries, affiliates, related companies and their respective directors, employees, agents and representatives or any third party;
any loss of data and records relating to the Loyalty Programme or Membership; and
any loss of value or benefit that may arise as a result of any changes made to the Loyalty Programme.
any losses or damages (whether direct, consequential, indirect or incidental) to your mobile or electronic device or any applications stored therein as a result of installation or use of the Mobile App
INTELLECTUAL PROPERTY RIGHTS
Qaler Cosmetic, its stores and related parties, where relevant and applicable shall at all times own all rights, title and interest (whether legal or beneficial), including all related intellectual property rights (including without limitation to trademark, patent, copyright, trade secret) in and to the Loyalty Programme, Website (including in particular the software and its respective components, processes and design in its entirety) and any changes, modifications, improvements and enhancements to any aspect of the Loyalty Programme, Website, whether or not pursuant to any suggestions, ideas, requests, feedback, recommendations or any other information provided by you or any other party relating to the Loyalty Programme, Website. These Terms and Conditions do not and does not purport to convey, transfer, assign, novate to you any rights of ownership in or related to the Loyalty Programme, Website or any intellectual property rights owned by Qaler Cosmetic.
Qaler Cosmetic’s name, logo, the Loyalty Programme, and Website (including but not limited to any published content, documents, information, images, graphics, logos, texts and other materials) and any product names associated with the property of Qaler Cosmetic its licensor(s), and related parties or third parties, and no right or license is granted to you to use the same.
You are allowed to browse through the contents in the Website; however, reproduction is prohibited under the following circumstances (but not limited to):
All copyrights and other proprietary notices are removed and not visible.
Information are modified without prior written consent of Qaler Cosmetic.
Information are included in any publications, work, and / or any form of commercial use.
Any such unauthorised reproduction, dissemination, distribution, publication, copying or modification of any of the contents in the Website will lead to a breach of these Terms and Conditions in which legal action may be taken.
LAW AND JURISDICTION
These Terms and Conditions are governed by and are to be construed in accordance with the laws of Malaysia and you hereby agree to submit to the exclusive jurisdiction of the Malaysian Courts for any legal action in relation to these Terms and Conditions.
In the event that any of these Terms and Conditions is or becomes invalid, illegal or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Terms and Conditions shall not be affected or impaired thereby.
Any failure or delay of Qaler Cosmetic to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Qaler Cosmetic in writing.