Last updated: 13 November, 2018
- TheDurianShop reserves all rights not expressly granted under this Terms. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Terms, is void.
- The Services comprise a platform that provides you with information of TheDurianShop memberships, events and products within the mobile application.
- any Services;
- the website or mobile application;
- You agree not to interrupt, or attempt to interrupt, the operation of the Services in any way. You may not advertise or solicit on the Services without our express written permission.
- You must sign up and create a TheDurianShop account (“Account”) to use and gain access to the Services by providing a valid phone number, a valid email address, and any other information indicated as required. You are responsible for the legality and accuracy of your Account information. TheDurianShop may reject your application for an Account, for any reason, in our sole discretion.
- You acknowledge that TheDurianShop will use the phone number and email address you provide as the primary method for communications.
- You are responsible for keeping your PIN secure. TheDurianShop cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and PIN.
- You may never use another user’s account without permission.
- You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your TheDurianShop account. You must not transmit any worms or viruses or any code of a destructive nature.
- You will be responsible for any purchases and activities that are submitted to this Account. You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account.
- You must notify TheDurianShop immediately of any breach of security or unauthorised use of your Account. TheDurianShop will not be liable for any losses caused by any unauthorised use of your Account.
- Where a fraudulent or wrongful use of an Account is detected or suspected, we reserve the right to refuse, suspend or terminate the registration of individual and corporate member immediately at our discretion.
- Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information.
Payment of fees
- It is free to sign up and create a TheDurianShop mobile application account.
Product information and pricing
- TheDurianShop endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, pricing or typographical errors may occur from time to time and we do not guarantee that the pricing, images, product description, or other product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete. You agree that TheDurianShop shall not be liable for any errors in the pricing and product or promotional information listed through our Services.
- If a product offered by TheDurianShop itself is not as described, your sole remedy is to return it in unused condition.
- If the actual price of any product purchased by you is higher than that reflected through our Services, TheDurianShop will inform you and you will be given an option to confirm or cancel your purchase of such product based on the correct price. By confirming your purchase, you authorise TheDurianShop to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such product in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your purchase in respect of the incorrectly priced item as cancelled. The final price will be the price on the day the products are purchased.
- All product prices are shown in Malaysia Ringgit (MYR) and are inclusive of Goods and Services Tax (GST).
- Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
Promotions, voucher codes, member privileges and programmes
- The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):
- Each Voucher Code is only eligible for a single use and is only valid for the time period specified by TheDurianShop.
- Voucher Codes may only be redeemed by purchasing certain products from TheDurianShop during the applicable validity period.
- Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.
- Voucher codes cannot be refunded, redeemed or exchanged for cash.
- Resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by TheDurianShop, may be purchased by you and given to others.
- No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes are allowed.
- Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
- TheDurianShop reserves the right to verify the validity of any Voucher Code and to declare null and void and charge full price for products purchased, any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
- TheDurianShop’s decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding. TheDurianShop reserves the right to discontinue any promotions, vouchers, offers, contests, surveys, privileges and other programmes at any time without notice or liability.
- We have made every reasonable effort to display as accurately as possible the colours and images of our products that appear through our Services. We cannot guarantee that your device’s screen display of any colour will be accurate.
- We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
- We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
- We reserve the right, at our sole discretion, to discontinue any product at any time.
- Any offer for any product or Services made through our Services is void when it is prohibited by law.
- We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
Exchange, return and refunds
- Should there be discrepancies in purchased products, kindly send us an email at [email protected] or reach us at our hotline (012-981 6083) for all branches.
- All issues must be reported within two (2) working days of purchasing the Products. Refunds for Product purchased under a promotional offer will be based on the terms of the promotional price.
- Any special requests from customers for refunds and exchanges may require a physical visit to The Durian Shop stores after agreed and arranged between customers and TheDurianShop.
- Regrettably, gift items are non-exchangeable. This applies to hampers and all items purchased for a third-party’s consumption.
- To request exchange item, please bring the products to the stores from where you purchased. When you exchange the product, you must also bring the original receipt, original packaging, tags, labels, accessories and complementary gifts that come with it. Exchanged products must be in the condition you received them and in the original box and /or packaging.
- Our Customer Service will issue Credit Voucher with the same amount as the product exchanged or Customer Service will exchange the product for the same product as per Customer’s request. The customer can then shop as usual. Customer Service reserves the right to reject the products that are not under Refund Policy. The products will be returned to Customer and exchange request is void.
- Third-party links on our Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
- Please ensure that you review the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
- Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- You agree not to engage in any of the following prohibited activities in connection with the Service:
- Copying, distributing or disclosing any part of the Service in any medium.
- Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the TheDurianShop servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that, subject to the privacy settings of our Users, TheDurianShop grants the operators of public search engines revocable permission to use spiders to copy materials from TheDurianShop for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- Transmitting spam, chain letters, or other unsolicited emails;
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through the Service;
- Collecting or harvesting any personally identifiable information, including Account names, from the Service;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Interfering with the proper working of the Service;
- Accessing any content on the Service through any technology or means other than those provided or authorised by the Service;
- Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service of the content therein, or
- Decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
- We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service.
- You are solely responsible for your interactions with other TheDurianShop users. We reserve the right, but have no obligation, to monitor disputes between you and other users. TheDurianShop shall have no liability for your interactions with other users, or for any user’s action or inaction.
- You agree not to engage in any of the following prohibited activities in connection with the Service:
- The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, shall vest in and remain with TheDurianShop and its licensors.
- Consent is granted to view, electronically copy, and print in hard copy portions of the Services for the sole purpose of making a purchase with TheDurianShop for your use. You may not modify, reproduce, copy or distribute any of the content on TheDurianShop for commercial purposes without our prior consent.
- You acknowledge that TheDurianShop and /or third-party content providers remain the owners of such material (collectively “content”) and that you do not acquire any of those ownership rights by downloading copyrighted material.
- TheDurianShop reserves the right to revoke this authorisation at any time, and any use shall be discontinued immediately on written notice from TheDurianShop.
- We will not disclose your confidential information to third-parties, except as required in the course of providing our Services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that:
- Was in the public domain at the time we received it,
- Comes into the public domain after we received it through no fault of ours,
- We received from someone other than you without breach of our or their confidentiality obligations, or
- We are required by law to disclose.
Feedback and other submissions
- If you send certain specific submissions (through our Services including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions) without a request from us, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), these will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, continuous, unchangeable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such posting or submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or recompile such posting and /or submission.
- By sending and /or posting your comments, you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
- You agree to not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- TheDurianShop reserves the right to display advertisements on your Account and throughout the Service.
Termination /account cancellation
- You may cancel your Account at any time by emailing [email protected]. Since deletion of all data is final please be sure that you do want to cancel your Account before doing so.
- Upon termination of the Services by either party for any reason, TheDurianShop will cease providing you with the Services and you will no longer be able to access your Account.
- We reserve the right to modify or terminate the TheDurianShop service for any reason, any time. We shall not be liable to you or to any third-party for any modification, fees change, suspension or discontinuance of the Service.
- TheDurianShop may send you a notice and terminate your access to all or any part of the Services for any reason, any time. If you are found connected directly, or indirectly to any fraudulent behaviour, TheDurianShop will suspend or cancel your Account immediately.
- Without prejudice to the generality of the above, TheDurianShop reserves the right to deactivate your Account if it has been inactive for a period of 10 years or more.
- We reserve the right to modify or terminate the Service (or any part thereof) for any reason, with or without notice at any time.
- We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
- We reserve the right to refuse service to anyone for any reason at any time.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any TheDurianShop customer, TheDurianShop employee, member, or officer will result in immediate Account termination.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include but is not limited to, a scanned copy of your government-issued identity card, etc.
- TheDurianShop retains the right to determine, in our sole judgement, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, TheDurianShop reserves the right to temporarily disable an Account until a resolution has been determined between the disputing parties.
- TheDurianShop may provide you with access to third-party tools over which TheDurianShop neither monitors nor has any control nor input.
- You acknowledge and agree that TheDurianShop provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. TheDurianShop shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).
Disclaimer of warranties
- The Services are provided “as is”. TheDurianShop and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
- Neither TheDurianShop nor its suppliers and licensors make any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted.
- Before acting on the information found in our Services, you may wish to confirm the facts that are important to your decision making. Product information on our Services may be different from information on the products for a variety of reasons including such things as merchants’ updates and changes.
- TheDurianShop reserves the right to change or update information on any product on TheDurianShop at any time without prior notice.
- You shall not use the Product in any manner and /or for any purpose for which they are unsuited for and shall be responsible for using all necessary skill and care in handling and using the Product.
- You expressly agree that TheDurianShop assumes no obligation or liability for any advice or information given with the Products and TheDurianShop assumes no responsibility for any inaccuracy or misstatement of any such information. You assume all risks connected with the use and storage of the Product.
Limitation of liability
- You expressly understand and agree that TheDurianShop shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- You agree to indemnify and hold harmless TheDurianShop, its contractors, and its licensors, and their respective directors, officers, employees, partners and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Terms.
- In the event a dispute arises between you and TheDurianShop, please contact TheDurianShop. Should you have a dispute with one or more users, or an outside party, you release TheDurianShopb (and TheDurianShop’s officers, directors, agents, joint ventures and employees) from any and all 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.
- TheDurianShop encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
- TheDurianShop, for the benefit of users, may try to help users resolve disputes. TheDurianShop does so in TheDurianShop’s sole discretion, and TheDurianShop has no obligation to resolve disputes between users or between users and outside parties. To the extent that TheDurianShop attempts to resolve a dispute, TheDurianShop will do so in good faith based solely on TheDurianShop’s policies.
- TheDurianShop will not make judgements regarding legal issues or claims.
Security and privacy
None to date.