Forloner's Term of Use
Amendment of Terms
Forloner Pets Solutions reserves the right to change, modify, add or remove portions of these Terms at any time. Changes will be effective when posted on the Site with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site. Forloner Pets Solutions may also impose limits on certain features or restrict your access to parts of, or the entire, Site in its sole discretion and without notice or liability.
If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country, you must obtain permission from your parent(s) or legal guardian(s) before using/accessing the Site and its Services. If you are the parent or legal guardian of a minor in question, you must accept and comply with these Terms on the minor’s behalf in addition to being responsible for the minor’s actions, any charges with the minor’s use of and/or purchases made on the Site.
If you do not agree to these Terms or have not obtained consent from your parent(s) or legal guardian(s), you must desist from using/accessing this Site and its Services.
A User must be registered to access or use some of the Services on the Site. Except with Forloner Pets Solutions’ approval, only one User may register for one Member account on the Site. Forloner Pets Solutions may cancel or terminate a User’s member account if Forloner Pets Solutions has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, Forloner Pets Solutions may reject a User’s application for registration for any reason.
Upon successful registration on the Site, Forloner Pets Solutions shall assign an account and issue a Member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
A set of Member ID and password is unique to a single account. Each User shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorised or not). No User may share, assign, or permit the use of your account, Member ID or password by another person, even to other individuals within the User’s own business entity (where applicable). The User agrees to notify Forloner Pets Solutions immediately if they become aware of any unauthorised use of their password or account or any other breach of security on their account.
The User agrees that all use of the Site and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making payment for any payments, sending emails using the registered email account or sending SMS) will be deemed to have been authorised by the User.
We may use session cookies to provide a seamless experience on the site and to combine with our log files so that we can understand our site traffic and analyse our demographic information in aggregate form. Cookies are pieces of information that your browser stores on your computer’s hard drive which identify you when entering the website. If you have set your browser to reject cookies, our site will not identify you when you enter and you will need to manually type in your Member ID and password.
We may also collect information about you in connection with social networking sites that include details such as your name, nickname and comments. We may use the information collected about you for:
- fulfilment and record keeping purposes;
- research, statistical, data matching and product development; and
- the purpose of communicating with you all the matters aforementioned.
Use of the Platform and/or Services
We grant you a non-transferable and revocable license to use the Site and/or Services, subject to these Terms, 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 shall result in the immediate revocation of the license granted herein without notice to you.
Services provided on this Site is solely for informational purposes. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed on the Site are the property of Forloner Pets Solutions and where applicable, third party proprietors identified in the Site. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein.
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours. However, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Site or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Site or any part of the Services.
We reserve the right, but shall not be obliged to:
- monitor, screen or otherwise control any activity, content or material on the Site and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms contained herein and may take any action it deems appropriate;
- prevent or restrict access of any authorised User to the Site and/or the Services; and
- to request any information and data from you in connection with your use of the Services and/or access of the Site at any time and to exercise our right under this paragraph if you refuse to divulge such information and / or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service, the Site or the Intellectual Property. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or the Intellectual Property. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content, without prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
You are welcome to link to the Site from your website or social media, provided that your website does not imply any endorsement by or association with Forloner Pets Solutions. You acknowledge that Forloner Pets Solutions may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
Forloner Pets Solutions reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Forloner Pets Solutions may disclose the User’s identity, contact information and/or information regarding the User’s account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. Forloner Pets Solutions shall not be liable for damages or results arising from such disclosure and the User agrees not to bring any action or claim against Forloner Pets Solutions for disclosure.
Purchase and Payment Methods
You expressly understand and agree that Forloner Pets Solutions shall not be liable for any payments and monetary transactions that occur through your use of the services provided by the Payment Processors. You expressly understand and agree that all payments and monetary transactions are to be handled by the Payment Processors and not by us. You agree that Forloner Pets Solutions shall not be liable for any issues regarding the financial and monetary transactions between you and the Payment Processors.
You are responsible for all transactions (one-time, recurring and refunds) processed through the Payment Processors. Forloner Pets Solutions is not liable for any losses or damage from errant or invalid transactions from your use of the Payment Processors. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
You must not process stolen credit cards, or unauthorised credit cards through the Payment Processors.
When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site. Please note that a delivery charge will be incurred for every confirmed purchase.
Forloner Pets Solutions has the right at any time to subcontract all or any of its obligations for the sale/delivery of the goods to any other party without giving notice of the same to the User. Any dates quoted for the delivery of the goods are approximate only and delays may occur. Forloner Pets Solutions shall not be liable for any delay in delivery or performance howsoever caused.
In the event where the purchased good(s) is damaged, lost or failed to be delivered, the User acknowledges and agree that once the goods purchased is shipped, Forloner Pets Solutions will not be liable for any damage or expenses incurred resulted therefrom and the User will reach out to the respective logistic service providers to resolve the dispute at hand.
For cross-border transactions, the User understands and acknowledges that, where a product listing states that the product will ship from overseas, such a product is based outside of Malaysia and thus, the importation and exportation of such a product is subject to the local laws and regulations. Users are advised to familiarise themselves with the relevant import and export restrictions that apply to the designated country. Users also acknowledge that Forloner Pets Solutions shall not bear any risks or liabilities associated with the import and export of such products to Malaysia.
Confirmation of Orders
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Cancellation or Refusal of Orders
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed using the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Returns & Refunds Policy
Purchased items may be returned in the event that incorrect products are sent to you. However, incorrect purchases made at the behest of the User will not be entertained. The product(s) must be un-used and are to remain in the original brand packaging (if applicable).
There shall strictly be no returns and/or refunds for goods damaged due to shipping, improper handling by shipping/delivery agents, (e.g. Pos Malaysia) and all claims shall lie with the shipping/delivery agent.
Refunds may be issued in the event the User does not desire for the defective item as confirmed by Forloner Pets Solution, to be replaced with a new item but always subject to Forloner Pets Solution absolute discretion.
All goods must be returned to and received by Forloner Pets Solutions in order for the User to be eligible for a refund or replacement. You shall ensure that the goods sent to us are to remain in the same condition as it was when it was received and is packaged properly. In the event that the goods returned is in an unsuitable condition, we reserve the right not to accept the returns and send the goods back to you and all cost and expense shall be borne by you fully.
To return an item, please leave a note at email@example.com include the item name, quantity returned, User contact details, photographic evidence of the defective product and the respective invoice number as well as the desired course of action sought (i.e. return or refund).
For instances of returns and upon confirmation in writing by Forloner Pets Solution approving such returns, please send the item(s) in question to the PO Box address at: Forloner Pets Solutions, Suite 54 EV-LG-K02, Evolve Concept Mall, Jalan PJU 1A/4 Ara Damansara, 47301 Petaling Jaya, Selangor, Malaysia.
Links to Third Party Websites
The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third-party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.
Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. The information, materials, content and Services provided on or through the site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. With respect to our products, there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
We will not be liable for any damages for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if we are expressly advised about the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Any material downloaded or otherwise obtained through the Site or Services is done at the User’s sole discretion and each User is solely responsible for any damage to its own or to Forloner Pets Solutions computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Forloner Pets Solutions or from the Site shall create any warranty not expressly stated herein.
Disclaimer of Warranty
The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Forloner Pets Solutions and the affiliated suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Nothing in these Terms shall exclude or limit Forloner Pets Solutions’ liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which, cannot be excluded or limited under applicable law.
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.
These Terms shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of laws rules. The waiver of any provision of these Terms shall not be considered as a waiver of any other provision of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these of these Terms, which shall remain in full force and effect.
Forloner Pets Solutions shall not be responsible for any breach of these Terms caused by circumstances beyond its control.
Last updated on 3rd December 2019.
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