This Service (as hereinafter defined) is made available by Portes Sdn Bhd (“Portes”) subject to the terms and conditions herein. You acknowledge that you have read and fully understood these Terms and Conditions. Your use of the Service, upon Activation, constitutes unconditional acceptance to be bound by these Terms and Conditions as may be amended from time to time. You must ensure that any person you all allow to use the Service complies with these Terms and Conditions.
For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the have the meaning as may generally be accepted within the industry based on the context used herein:
“Account” means an account opened for you with Portes for subscribing to the Service as provided at the Web Portal. “Activation” or “Activated” means the point in time when the Service is activated in Portes’s System. “Agreement” means this Terms and Conditions including any Addendum and all subsequent amendments and variations to the Terms and Conditions. “Portes” means Portes Sdn Bhd “Charges” means the price payable by you for the Product displayed on the Web Portal including the respective courier charges; “Device” means the internet enabled device together with accessories which compatible for the use of the Service. “In-Store Credit” means vouchers that carries pre-configured monetary values that can be used to purchase Products from the store; “Merchants” means Portes’s online third party merchants who provide the Products. “Personal Information” means the information collected by Portes for you for the purpose of the registration for the Service as prescribed under Clause 3.1 of Part A below; “Products” means the products made available at the Web Portal by the Merchants including but not limited to fashion wear, cosmetics, fragrances, supplements and food products. “Service(s)” means the Web Portal, the contents of the Web Portal which enables you to purchase the Products or any additional service as may be notified by Portes to you from time to time; “User ID” means the username used to access the online store on the Web Portal. “Web Portal” means www.portes.my / www.babyjumi.com “You” or “Your” Refers to the person authorised to use the Service subject to this Terms and Conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations for the time being in force and which may come into force.
Period of Agreement
- This Agreement shall take effect from the Activation date of your Account or from the date of your purchase of the Products, as the case may be and shall continue to be in force until terminated in accordance with these Terms and Conditions.
You may register to use the Service by (“Registration”):
- clicking on the registration button at the Web Portal;
providing the following details on the Web Portal:
- username (“User ID”);
- password; and
- email address.
- Upon successful Registration, you shall receive a confirmation email from Portes which shall be sent to your email address.
- You may register to use the Service by (“Registration”):
- provide accurate and complete information to Portes and inform Portes immediately of any changes in any particulars of your Personal Information;
- ensure the compatibility of your Device with Portes Network. In the event that changes and upgrades are introduced to Portes Network, you shall be responsible to ensure the continued compatibility of your Mobile Equipment and you shall have no claim whatsoever against Portes arising thereform;
- only use the Service for the purpose for which it is subscribed;
- comply with all notice or instruction given by Portes from time to time in relation to the use of the Service;
- be responsible for all equipment and software necessary to use the Service and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service;
- agrees, consents, allows and has no objection to Portes extracting Personal Information or any other data required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Service for you commercial gain purposes;
- be responsible for all usage of and charges for the Service including but not limited to payment of all the Service charges and any other related charges due to Portes pursuant to these Terms and Conditions in a timely manner;
- keep your User ID and password confidential at all times and not release the same to any person;
- be solely responsible and liable for any use and misuse of your User ID you’re your password and for all activities that occur under your User ID;
- immediately notify Portes of any unauthorised usage of the User ID or password, or if you know or suspect that the User ID or password has been lost or stolen, has become known to any other person, or has been otherwise compromised;
- comply with the provisions of these Terms and Conditions;
- comply with all applicable laws of Malaysia relating to the Service, including without limitation to the Communication and Multimedia Act 1998 and its subsidiary legislation, other acts, statutes, by-laws, rules and regulations issued by relevant government and regulatory agencies which may be amended from time to time; and
- take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;
- cease to utilise the Service or any part thereof for such period as may be required by Portes; and
- indemnify and shall keep indemnified Portes from any loss, damage, liability or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the content transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.
You shall not:
- use, display, mirror or frame the Web Portal , or any individual element within the Web Portal, Portes’s name, any Portes trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Portes’s express written consent;
- access, tamper with, or use non-public areas of the Web Portal, Portes’s computer systems, or the technical delivery systems of Portes’s providers;
- attempt to probe, scan, or test the vulnerability of any Portes system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Portes or any of Portes’s providers or any other third party (including another user) to protect the Web Portal, Services or the Products;
- attempt to download the Products from the Web Portal or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Portes or other generally available third party web browsers;
- send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- use any meta tags or other hidden text or metadata utilising an Portes trademark, logo URL or product name without Portes’s express written consent;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Web Portal, Services or the Products to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Web Portal, Services or the Products;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Web Portal;
- collect or store any personally identifiable information from the Web Portal or Services from other users of the Web Portal or Services without their express permission;
- impersonate or misrepresent your affiliation with any person or entity;
- violate any applicable law or regulation;
- encourage or enable any other individual to do any of the foregoing; or
- directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Products or any digital rights management mechanism, device, or other content protection or access control measure associated with the Products including geo-filtering mechanisms;
- directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Products without Portes’s prior written consent;
- incorporate the Products into, or stream or retransmit the Products via any hardware or software application or make the Products available via frames or in-line links without Portes’s prior written consent; and
- create, recreate distribute or advertise an index of any significant portion of the Products without Portes’s prior written consent.
- You shall:
- Portes reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend the Service or any part thereof without prior notice and Portes shall not be liable for any loss or inconvenience to you resulting therefrom.
- Portes reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend the terms and conditions of the Agreement or any part thereof. You will be given written notice of such amendments. Your continued use of the Service after the effective date of any variation, addition or amendments to the terms and conditions of the Agreement shall constitute your unconditional acceptance of such variations, additions or amendment.
- he content, Products and Services offered on or listed through the Web Portal are provided on an “As Is” and “As Available” basis and all warranties, express or implied are disclaimed, including but not limited to the disclaimer of any implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose. The information and Services may contain bugs, errors, problems or other limitations. Portes shall not be liable for your use of any information or service.
- Portes shall not be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortuous actions, arising out or in connection with your use of the Service.
- The Web Portal may contain links to other websites, which are not operated by Portes. When the you activate such links, you will leave the Web Portal and Portes has no control over, and will accept no responsibility or liability in respect of, the material on any website which is not under Portes’s control.
- Portes shall not be liable for, and you agree to indemnify Portes against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or which Portes may sustain in connection with or arising from the provision of the Service to you.
- Without prejudice to the foregoing, in the event of a court or tribunal holds or finds Portes liable to you for any breach or default of Portes, you agree that the amount of damages payable by Portes to you shall not at any time exceed the sum of RM100.00 notwithstanding any order, decree or judgment to the contrary.
Matters Beyond Portes’s Control
- Without limiting the generality of any provision in the Agreement, Portes shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom Portes has no control over or any cause outside Portes’s reasonable control.
- Notwithstanding the event prescribed in Clause 9.1 of Part A above, you shall remain obliged to pay all fees and charges which are outstanding and/or due and payable to Portes in accordance with the Agreement
- The Service may occasionally be affected by interference caused by objects beyond Portes’s control such as buildings, underpasses and weather conditions. In the event of such interference, Portes shall not be responsible for any inability to use or access the Service, interruption or disruption of the Service.
- In order to protect you and Portes from fraudulent transactions, Portes may provide your transaction-related information to a reputable third party organization to perform address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address. Portes also reserves the right, at its discretion, not to ship items ordered or purchased on this website to certain addresses.
Proprietary Rights and Conditions
- All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the Service (including but not limited to all graphic/image and text files on the Web Portal) are owned by Portes. Such rights are protected by Malaysian copyright laws, other applicable copyright laws, and international treaty provisions. Portes retains all rights not expressly granted herein.
- Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Web Portal are in no way associated, linked or affiliated with Portes and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Web Portal are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the Products and services and is in no way an assertion that such Products or services are endorsed by or connected to Portes
Licenses and Restrictions.
- Portes grants to you a limited, non-exclusive, revocable license to access and make personal, non-commercial use of the contents of the Web Portal your adherence to the Terms and Conditions herein.
- Portes reserves the right to refuse permission to use this Service to any individual or company for any reason, and may do so without notice.
Severability and Effect of these Terms and Conditions
- If any of the provision of these Terms and Conditions should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
- The terms and conditions contained in the Agreement shall have effect only to the extent not forbidden by law. For the avoidance of doubt, it is hereby agreed and declared in particular, but without limitation, that nothing herein shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999, if and where the said Act is applicable.
- The Agreement shall be governed and construed in accordance with the laws of Malaysia, excluding conflict of law rules. Parties agree to submit to the exclusive jurisdiction of Malaysian courts.
- All official bill statements, notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents to be given by Portes to you under the Agreement will be in writing and sent to your last known address and/or published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia, as the case maybe.
- All notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents to be given by you to Portes under the Agreement must be in writing and sent to the following address: Portes Sdn Bhd, 3 Jalan 51A/227, 46100 Petaling Jaya, Selangor, Malaysia, Kuala Lumpur or email@example.com or such address as notified in writing by Portes to you.
All official statements, notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents given by Portes to you pursuant to this clause shall be deemed to have been served if:-
- sent by registered post, on the second Working Day after the date of posting irrespective of whether it is returned undelivered;
- sent by ordinary post, on the fifth Working Day after the date of posting irrespective of whether it is returned undelivered;
- hand delivered, upon delivery;
- sent by facsimile, upon successful completion of transmission as evidence by a transmission report and provided that notice shall in addition thereon be sent by post to the other party; or
- published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia in respect of any change in the Services, terms of the Agreement or charges.
- You are not permitted to assign or novate any or part of their rights or obligations under the Agreement to any party, without the prior Portes’s prior written consent.
- Portes may assign or novate all or part of the Agreement to any third party by notice to the you without your prior consent and the you agree to make all subsequent payments (if applicable) as instructed in such or further notice.
Indulgence and Waiver
- No delay or indulgence by Portes in enforcing any provision of the Agreement nor the granting of time by Portes to you shall prejudice the rights or powers of Portes nor shall any waiver by Portes of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
Suspension and Termination
- You may at any time terminate the Agreement by giving Portes prior written notice. The Service shall be deemed terminated within four (4) Working Days from receipt of the termination notice by Portes.
- Portes reserves the right to cancel, withdraw, terminate or suspend the Service for any reason whatsoever at its sole discretion by way of a notice to you. You agree that Portes shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.
- No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.
- The Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous agreements, understanding, proposals, representations and warranties relating to that subject matter.
- Those clauses which by their nature would survive the termination of the Agreement shall so survive.
- Time wherever referred to in this Agreement shall be of the essence.
- The Agreement shall be binding on and shall inure for the benefit of each party’s permitted assigns, successors in title, personal representatives, executors and administrators.
- You shall bear all stamp duty, service tax charges, and any other cost or charge imposed by law in connection with the preparation of the Agreement and/or the provision of the Services.
- You shall immediately inform Portes in writing of any change of address and/or employment or business.
- Words importing the singular number include the plural number and vice versa.
- Words importing the masculine gender include feminine.
- An expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body and any governmental agency.
- Notwithstanding anything to the contrary, you hereby agrees to be bound by the terms of service, policies and procedures and/or any variations, additions or amendments made thereto, as may be determined by Portes at any time.
Product Availability and Description
- The Products offered for sale on the Web Portal contains descriptions that are provided directly by the respective merchants of such Products. Portes does not represent nor warrant that such descriptions are accurate or complete.
- Once a Product is sold out, it will be taken off the website at the earliest opportunity and may not be available again.
- The Charges displayed on the Web Portal may change from time to time without prior notice to you.
- All Products sold are subject to availability. As there may be a delay between the time when you place an order on the Web Portal, and the time when the order is accepted, the stock position relating to particular Products may change. If a Product that you order becomes out of stock before Portes accepts the order, Portes shall notify the you as soon as possible and you may not be charged for the out of stock Products.
- If, due to unforeseen circumstances or in the event of supply difficulties for example with hamper, food, beverages and perishable goods orders, it is necessary to substitute a Product, the Product will be of equal or greater value than that which it replaces. Portes may reimburse you with In-Store Credit equivalent to the Charges paid by you for the respective Product in the event that Portes is unable to substitute the Product (“Reimbursement”).
- Subject to Clause 1.4 of Part B above, Portes shall notify you if you are entitle to receive the Reimbursement.
- You shall be charged for each purchase of the Products based on the respective Charges prominently displayed at the Web Portal.
- The Charges shall be charged to your preferred method of payment as indicated by you at while you checkout at the Web Portal.
Notwithstanding the Charges imposed in Clause 2.1 of Part B above, you shall be charged with:
- standard shipping and handling charges prescribed by Portes at the point of purchase and shall be payable by you in accordance with Clause 2.2 of Part B ; and
- data or standard charges for any actions beyond the Service (including but not limited to browsing beyond the Service’s site and downloading the Products).
- Portes only accepts payment for the Charges in Malaysian Ringgit.
- At the moment, Portes accepts payment by Mastercard, Visa, Paypal and selected direct bank transfer portals via iPay88 payment gateway partner.
- Portes will take all reasonable care, in so far as it is in Portes’s power to do so, to keep the details of the your purchase and payment secure, but, in the absence of negligence on Portes’s part, Portes will not be liable for any loss that you may suffer if a third party procures unauthorised access to any data that you provide when accessing or ordering from the Web Portal. The Web Portal uses industry standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name, address and credit card details.
- By making an offer to buy a Product, you specifically authorise Portes to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including, but not limited to, your debit or credit card number or credit reports, to authenticate the your identity, to validate the your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
In Store Credits
- Subject to Clause 2 of Part B above, you may also pay for your purchase via the In-Store Credits in the sum equivalent to the Charges of the Products you wish to purchase.
You may not purchase In-Store Credits. The In-Store Credits is provided by Portes to your Account:
- as a reimbursement as prescribed in Clause 1.4 of Part B;
- as a refund for returned of damaged goods as prescribed in Clause 8.2 of Part B;
- as part of Portes’s promotion including but not limited to loyalty programmes, contents, campaign and new registrations.
- You may only utilise the In-Store Credits with your Account. You may not transfer the In-Store Credits to another person or account.
- You shall be responsible to treat the In-Store Credits like cash. Portes shall not be held responsible for stolen In-Store Credits.
- If you elect to make payments via In-Store Credits, you shall be required to choose In-Store Credits as your payment method during the checkout.
- You may use the In-Store Credits to purchase Gifts.
- In the event that the Charges of the Product selected exceeds the value of your In-Store Credits, you will be required to make additional payments for the balance due in accordance with the payment methods made available on the Web Portal.
- To obtain your balance of your In-Store Store Credit, please email Portes’s customer support at firstname.lastname@example.org. Your balance is also listed on the My Account Page in the Store Credit section at the Web Portal. Please note that in most cases, the balance is adjusted immediately when you make a purchase or once a Product has been returned to the warehouse, but there may be occasions when the updated balance is delayed for a period of time.
- All orders that you place on the Web Portal shall be to acceptance in accordance with these Terms and Conditions.
Portes may not accept you order due to any one or more of the following non-exhaustive reasons:
- the Product that you ordered is out of stock;
- Portes’s inability to obtain authorisation for your payment;
- Portes has identified a pricing or Product description error;
- there is a system or procurement failure; or
- failed validation checks
- Once you place an order on the Web Portal, Portes shall send you an acknowledgement via email detailing the Product(s) that you ordered. This email is not an order confirmation or order acceptance from Portes.
- Acceptance of your order and the completion of the contract between Portes and you will only take place when the Product purchased is dispatched: and Portes shall notify you via email that the Product(s) purchased have been dispatched. Portes reserves the right to dispatch multiple Product(s) separately.
- A gift message facility is available on certain orders and is available for your own personal and strictly non-commercial use. Portes does not take any responsibility for the contents of messages communicated by you to a third party. If you choose to use this facility, you agree that your message will not include any content that could be construed as defamatory, abusive, obscene, racist, offensive, harassing, threatening, vulgar or which could cause embarrassment or distress to any person. You further agrees not to impersonate any person, including but not limited to any of Portes’s employees or customers.
Misprint and Errors, Prices and Orders
- Portes endeavours to provide current and accurate information on the Web Portal. Nevertheless, misprints and other errors may occur. Accordingly, Portes reserves the right to change the prices, fees and charges of the Products made available via the Web Portal at any time and from time to time without any notice or liability to you or any other person.
- Portes will take all reasonable care to ensure that all details, prices, photographic representations and descriptions of products appearing on the Web Portal is correct at the time when the relevant information was entered onto the system. Portes has made every effort to display as accurately as possible the appearances, colours, textures or finishes of the Products that appear on the Web Portal. What you see will depend on the your monitor and computer equipment, Portes is therefore unable to guarantee that the product images are an accurate representation of the actual merchandise. You may refer to Clause 8 of Part B if you are unhappy with your purchase.
- Portes may correct errors or inaccuracies and change or update information on the Web Portal at any time without notice, including in respect of prices and availability of the Products.
- All prices listed on this Web Portal shall be subject to confirmation. Portes may notify you via email if the confirmed price of a Product that the you selected differs from the price listed on the Web Portal.Purchase and Delivery of Products
Purchase and Delivery of Products
- Portes reserves the right to limit the quantities of certain Products which you, your family or any group can purchase. Portes will use commercially reasonable efforts to deliver the Products as quickly as possible and within any time periods indicated; however, Portes will not be responsible for any delays in delivery which are beyond its control. If the Products are not available or there is a delay in delivery Portes will notify your within five (5) Working Days of such delay.
- All Products will be delivered you via courier. Once your payment for the Product purchased has been received and processed, the Products will be shipped. Please allow seven (7) to ten (10) Working Days for the shipping process. A confirmation email will be sent to you upon shipping of the Products to you.