Terms & Conditions
Terms of Use
The website at www.apom.my is a copyrighted site ("the Site") belonging to Lucid Retail Sdn Bhd 1075032P (“Lucid Retail”, “Apom”, "Company", "us", "our", and "we"). The Company markets, sells and delivers merchandises directly to customers via post. Certain features of the Site may be subject to additional guidelines, terms, conditions and/or rules, which will be posted on the Site. All such additional terms, guidelines, and/or rules shall be binding on you.
By accessing to the Site and placing your order(s) with us, you are deemed to accept the terms and conditions herein (on behalf of yourself or the entity that you represent). In this regard, you represent and warrant that you have the right, authority and capacity to enter into this transaction (on behalf of yourself or the entity that you represent) with us.
1. DEFINITION:
"Account" means the Apom Account that you will need to register for on the Site if you would like to be our existing customer;
"Customer" means any individual who places an Order on the Site, or individual who participated in our contest or campaign;
"Order" means the Order submitted by you to the Site to purchase a Product from us;
"You" means the Customer who places an Order or participated in our campaign;
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; References to "includes" or "including" or like words or expressions shall mean without limitation.
2. PRICE AND PAYMENT:
2.1 Where applicable, prices are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
2.2 You may order any of the product(s) offered (including without limitation, a la carte or gift) by following the directions of purchase provided on the Site.
2.3 You can pay using any of our payment partners listed on our homepage. Similarly you can pay all or part of your Order using store credit or a promotional voucher, where applicable.
2.4 No amendments are allowed after payment has been processed, kindly check and ensure that your delivery details and ordered/purchased item(s) are correct before making the payment.
2.5 For the avoidance of doubt, we shall not be held responsible/ liable for any products ordered from other channels/ methods aside from the Site.
2.6 All orders made for clearance items are non-refundable and non-exchangeable.
2.7 Free gift that comes with your Order will be shown in the shopping cart (if any).
2.8 Free gift may be substituted with similar items of equal value according to stock availability without prior notice to you.
2.9 All free gifts are non-refundable, non-exchangeable, subject to availability and first come first served basis.
3. ORDER OR PRODUCTS COMPLAINTS:
3.1 Should there be mistakes in your Order(s) due to packing errors (i.e. missing product/ wrongly packed order) or you have received a broken/damaged product, kindly proceed to inform our Customer Care Team within 7 days from the date of receiving your parcel. Our team will proceed to carry out remedial action after checking and verifying your claim. We will not entertain any claims which are brought to our attention after the expiry of 7 days from the date of receiving your parcel.
4. REFUND POLICY
4.1 Refunds from returns will be in the form of store credit.
4.2 All returned item shall be sent in their original condition and packaging. In the unlikely event that an item is returned to us in an unsuitable condition or outside of the 30 days return policy, we reserve the right not to refund you.
5. SITE
5.1 License
Subject to the terms and conditions herein, Apom grants you a limited, nontransferable, non-assignable, non-exclusive, revocable, license to use the Site for your personal, non-commercial use.
5.2 Restrictions
The rights granted to you herein are subject to the following restrictions:
5.2.1 you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;
5.2.2 you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
5.2.3 you shall not access the Site in order to build a similar or competitive service; and
5.2.4 except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
5.3 Modification
Apom reserves the right, at any time, to modify, suspend, or discontinue the content/operation of the Site or any part thereof without notice or liability to you.
5.4 No Support or Maintenance
You acknowledge and agree that Apom will have no obligation to provide you with any support or maintenance in connection with the Site.
5.5 Ownership
Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site are owned by Apom. The provision of the Site does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
6. USER CONTENT
6.1 User Content
6.1.1 "User Content" means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user's profile or postings).
6.1.2 You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable.
6.1.3 You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below), relevant law and regulations.
6.1.4 You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Apom
6.1.5 Apom is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
6.2 Feedback
By submitting suggestions or other feedback regarding our Site in any way to us, you acknowledge and agree that:
6.2.1 your feedback do not contain confidential or proprietary information;
6.2.2 Apom is not under any obligation of confidentiality, express or implied, with respect to the feedback;
6.2.3 Apom shall be entitled to use or disclose (or choose not to use or disclose) such feedback for any purpose, in any way, in any media worldwide;
6.2.4 you irrevocably grant a non-exclusively license to Apom to exploit your feedback;
6.2.5 you are not entitled to any compensation or reimbursement of any kind from Apom under any circumstances.
6.3 Acceptable Use Policy
When using the Site, you irrevocably agree to the "Acceptable Use Policy" below. Specifically, you agree to:
6.3.1 Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
6.3.2 Provide complete, true and accurate information to us and update the information from time to time;
6.3.3 Read and comply with our Privacy Policy;
6.3.4 Read and comply with notices sent by the Company concerning the Site; and
6.3.5 Use the Apom Account and the Site in a responsible manner.
Additionally, you agree not to:
6.3.6 Act dishonestly or unprofessionally by engaging in unprofessional behaviour by posting inappropriate, inaccurate, defamatory or objectionable content to the Site;
6.3.7 Harass, abuse or harm another person, including sending unwelcomed communications to others using the Site;
6.3.8 Use or attempt to use another's account without authorization;
6.3.9 Upload, post, transmit or otherwise make available or initiate any content that Is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
6.3.10 Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
6.3.11 infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
6.3.12 includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation; or Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Company or any user of the Services.
6.3.13 Duplicate, license, sublicense, publish, broadcast, transmit, distribute, display, sell, rebrand, or otherwise transfer information found on the site (excluding content posted by you) except as expressly authorized by Company;
6.3.14 Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Service, or any part thereof;
6.3.15 Utilize or copy information, content or any data you view on or obtain from Apom to provide any service that is competitive, in Company's sole discretion, with Company;
6.3.16 Rent, lease, loan, trade, sell/re-sell access to Company or any information therein, or the equivalent, in whole or part;
6.3.17 Remove any copyright, trademark or other proprietary rights notices contained in or on any Company website, including those of the Company and any of its licensors;
6.3.18 Remove, cover or otherwise obscure any form of advertisement on the site;
6.3.19 Infringe or use Company's brand, logos or trademarks except as expressly permitted by Company;
6.3.20 Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;
6.3.21 Engage in "framing," "mirroring," or otherwise simulating the appearance or function of Company's website;
6.3.22 Attempt to or actually override any security component included in the Site or underlying Company;
6.3.23 Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Company's infrastructure.
7. INDEMNITY
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of
7.1 your use of the Site,
7.2 your User Content,
7.3 your violation of these terms and conditions; or 14.4 your violation of any applicable laws or regulations.
The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. THIRD PARTY SITES & ADS; OTHER USERS
8.1 Third Party Sites & Ads
The Site may contain links to third party websites, services, and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of Company and the Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. Usage of all Third Party Sites & Ads are at your own risk. When you link to a Third Party Site & Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
8.2 Other Users
Each Site is solely responsible for any and all of its user content. As we do not control the user content of other sites, you acknowledge and agree that we are not responsible for any user content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any user content, and we assume no responsibility for any user content. Your interactions with other sites are solely between you and such user/owner of other sites. You agree that Company will not be responsible or liable for any loss or damage incurred as the result of any such interactions.
8.3 Release
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other sites or service users or Third Party Sites & Ads.
9. LIMITATION ON LIABILITY
To the extent permitted by law, in no event will we or our supplier be liable to you for any loss of profit, indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Site or the transaction between us.
10. TERM AND TERMINATION
10.1 For as long as you use the Site, you shall be bound by these terms and conditions herein.
10.2 We may 17.2.1 suspend your rights to use the Site (including your Company Account) or 17.2.2 terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement.
10.3 Upon termination, your Company Account and right to access and use the Site will cease immediately. You understand that any termination of your Company Account involves deletion of your User Content associated therewith from our live databases.
10.4 The Company will not have any liability whatsoever to you for any termination of this Agreement, the termination of your Company Account and/or deletion of your User Content.
10.5 We reserve the right to amend the terms and conditions herein at our sole and absolute discretion without prior notice or reference to you.
11. Privacy & Policy
Information gathered No personal data will be collected while browsing this website unless information provided by you through e-mails or online application.
