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Terms & Conditions

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1. General 

Welcome to the Wulala.com.my website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, Wulala Resources (IP0419959-P), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. Wulala Resources, a company incorporated in Malaysia under registration number IP0419959-P and having its registered address at 78, Jalan Lahat Mines 11, Bandar Lahat Mines, 31500 Ipoh, Perak, Malaysia.


By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User Login's password(s) End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Wulala, and Wulala shall not be responsible for any data lost while transmitting information on the Internet. While it is Wulala's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance or down time. You understand and acknowledge that due to circumstances both within and outside of the control of Wulala, access to the Site may be interrupted, suspended or terminated from time to time.

Wulala 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 needed for access or use. Further, Wulala may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.

2. Modified Terms or Deals

Wulala reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy or Published Deals as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges wihout prior notice. If Wulala makes any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Not dispute shall be raised. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to products purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and any products purchased by such new users. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

USE OF THE SITE

We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

USER SUBMISSIONS

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

ORDER ACCEPTANCE AND PRICING

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Rocket Internet Malaysia (IP0419959-P), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who accepts a quotation of Wulala for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Wulala;

"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Wulala;

"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;

"Goods" means the goods (including any instalment of the goods or any parts for them) which Wulala is to supply in accordance with a Contract;

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

2. Basis of the Contract

2.1 The supply of Goods by Wulala to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2 Any information made available in Wulala’s website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.

2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Wulala.

2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Wulala in its website shall be subject to correction without any liability on the part of Wulala.

3. Orders and Specifications

3.1 Order acceptance and completion of the contract between the Buyer and Wulala will only be completed upon Wulala issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Wulala shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Wulala shall furthermore be entitled to require the Buyer to furnish Wulala with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Wulala and on terms that the Buyer shall indemnify Wulala in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by Wulala as a result of the modification or cancellation, as the case may be.

4. Price

The price of the Goods and/or Services shall be the price stated in Wulala’s website at the time which the Buyer makes its offer purchase to Wulala. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Wulala in addition to the price.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Wulala’s website. The terms and conditions applicable to each type of payment, as contained in Wulala's website, shall be applicable to the Contract.

5.2 In addition to any additional terms contained in Wulala’s website, the following terms shall also apply to the following types of payment:

5.2.1 Credit Card

Credit Card payment option is available for all Buyers. Wulala accepts all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry- leading encryption standards.

Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.

5.2.2 Debit Cards

Wulala accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.

5.2.3 Online Banking

i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Wulala’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Wulala, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

ii. For the time being, Wulala accepts online bank transfers Maybank, CIMB Bank, Public Bank, and UOB bank..

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Wulala has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Wulala shall not be liable for any delay in deliv-ery or performance howsoever caused.

6.4 If Wulala has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on Wulala, to demand performance within a specified time thereafter, which shall be at least 14 days. If Wulala fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Wulala’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Wulala's fault) then without prejudice to any other right or remedy available to Wulala, Wulala may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

7. Risk and property of the Goods

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Wulala has tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until Wulala has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Wulala to the Buyer for which payment is then due.

7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Wulala's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

7.4 The Buyer agrees with Wulala that the Buyer shall immediately notify Wulala of any matter from time to time affecting Wulala’s title to the Goods and the Buyer shall provide Wulala with any in-formation relating to the Goods as Wulala may require from time to time.

7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) Wulala shall be entitled at any time to demand the Buyer to deliver up the Goods to Wulala and in the event of non-compliance Wulala reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Wulala but if the Buyer does so all moneys owing by the Buyer to Wulala shall (without prejudice to any other right or remedy of Wulala) forthwith become due and payable.

7.8 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

7.9 The Buyer shall indemnify Wulala against all loss damages costs expenses and legal fees in-curred by the Buyer in connection with the assertion and enforcement of Wulala's rights under this condition.

8. Copyright and Trademarks

Everything located on or in this Site, including the Microsites, is the exclusive property of Wulala Resources or used with express permission of the copyright and/or trademark owner. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this site or any of the microsites without the express written permission of Wulala is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under Malaysia copyright laws. Wulala owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Hulala or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with Hulala shall not be deemed to be in the public domain but rather the exclusive property of Wulala, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Wulala unless otherwise stated.

End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Wulala does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted Wulala the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User's personal use. End User hereby grants Wulala the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.

The foregoing provisions of Section 5 apply equally to and are for the benefit of Wulala, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

9. Copyright Policy

Wulala reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Wulala by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Wulala with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Wulala's Copyright Agent for notice of claims of copyright infringement is as follows:
wulalagiftshop@gmail.com

10. Force Majeure

10.1 Wulala shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Wulala's obligations if the delay or failure was due to any cause beyond Wulala's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Wulala's reasonable control:

10.1.1 Act of God, explosion, flood, tempest, fire or accident;

10.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;

10.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;

10.1.4 import or export regulations or embargoes;

10.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Lazada or of a third party);

10.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;

10.1.7 power failure or breakdown in machinery.

10.2 Upon the happening of any one of the events set out in Condition 10.1 Wulala may at its option:-

10.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;

10.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and Wulala shall not be liable for any loss or damage suffered by the Buyer as a result thereof.

11. Insolvency of Buyer

11.1 This condition applies if:

11.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

11.1.2 an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or

11.1.3 the Buyer ceases - or threatens to cease - to carry on business; or

11.1.4 Wulala reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

10.2 If this condition applies then without prejudice to any other right or remedy available to Wulala, Wulala shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Buyer and if Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

12. Notices

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Wulala, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.

13. Termination

13.1 On or at any time after the occurrence of any of the events in condition 13.2 Wulala may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.

13.2 The events are:-

13.2.1 the Buyer being in breach of an obligation under the Contract;

13.2.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;

13.2.3 the making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;

13.4. the Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

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