Terms & Conditions
This website (“Lotus's Website”) is owned and operated by Lotuss Stores (Malaysia) Sdn Bhd (Registration No. 200001018812 (521419-K)) (“Lotus's”).
Access & Use
Your access to, and use of the materials contained in, the Lotus's Website is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the Lotus's Website (“Terms and Conditions”). By using Lotus's Website, you agree to be bound by these Terms and Conditions.
These terms and conditions replace all previous versions, are correct as of 17th January 2022. Lotus's reserves the right to change these terms and conditions at any time for legal, regulatory, business or policy reasons. Your use of our Website following such changes constitutes your agreement to be bound by the updated Terms and Conditions.
We collect the details provided by you on registration together with information we learn about you from your use of our service and your visit to Lotus's Website. By using the Lotus's Website, you expressly accept and give your unconditional consent that we may use any and/or disclose information about your demographics in any manner which does not reveal your identity for purpose of marketing, promotional, strategic development, research and customer care.
To register with the Lotus's Website, you must be over eighteen (18) years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
The content of the Lotus's Website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Lotus's Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Lotus's Website without written permission from Lotus's Website.
No license is granted to you in these Terms and Conditions to use any of our trademarks.
You may not use the Lotus's Website for any of the following purposes:
- disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; c. gaining unauthorised access to other computer systems;
- interfering with any other person’s use or enjoyment of the Lotus's Website;
- breaching any laws concerning the use of public telecommunications networks;
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- any claim by any third party that the use of the Lotus's Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Lotus's Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Lotus's Website by you.
Availability of the Lotus's Website
Although Lotus's Website aims to offer you the best service possible, Lotus's’ Website makes no promise that the services at the Lotus's Website will meet your requirements. Lotus's Website cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at [email protected] and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Lotus's Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Lotus's Website will attempt to restore the service as soon as it reasonably can.
Lotus's Website’s right to suspend or cancel your registration
Lotus's Website may suspend or cancel your registration immediately at our sole discretion without assigning any reason whatsoever. You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Lotus's Website. The suspension or cancellation of your registration and your right to use the Lotus's Website shall not affect either party’s rights or liabilities. This section and the section on Intellectual Property in these Terms and Conditions shall survive cancellation.
Lotus's Website’s liability
The Lotus's Website is provided by us without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability of fitness for a particular purpose. You must bear the risks associated with the use of the Internet.
We will ensure that information or material included on the Lotus's Website is correct, reputable and of high quality. We will not be responsible for any errors or omissions or for the results obtained from the use of information or for any technical problems you may experience with the Lotus's Website. If we are informed of any inaccuracies in the information or material on the Lotus's Website, we will attempt to correct the inaccuracies as soon as it reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Lotus's Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Lotus's Website;
- unsuitability, unreliability or inaccuracy of the Lotus's Website;
- inadequacy of the Lotus's Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Lotus's Website.
Your use of the Marketplace is at your sole discretion and risk. Lotus’s or any third party who manages, operates and/or renders the products and/or services on the Marketplace (“Marketplace Operator”) shall not under any circumstances be liable or responsible for any damages suffered or loss incurred by you in respect of any statement, representation, communication or implication relating to or arising from the product and/or services rendered to you by the Marketplace Operator (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against any of them giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased, or delivered by the merchants on the Marketplace).
Lotus’s and the Marketplace Operator make no representations, warranties, or guarantees of any kind whether express or implied as to the merchantability or fitness for purpose, of the offers and promotions offered through the Marketplace by any of the Marketplace merchants or business partners and you bear all risk in relation to your use of such products and/or services. For avoidance of doubt, you are solely liable for all purchases you make using the Marketplace including but not limited to your purchases of any of the services and/or products made available on the Marketplace. Your use of the Marketplace’s services shall be your responsibility and Lotus’s nor the Marketplace Operator shall be liable to you in any manner for the same.
Lotus’s and the Marketplace Operator are not responsible in any way for your connections and relationships with other users of the Marketplace and you release us from all liability relating to the same. Lotus’s and the Marketplace Operator make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall Lotus’s be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Marketplace. As such, you agree to exercise the utmost personal care and precautions in all interactions with any party you come into contact with through the Marketplace, particularly if you decide to meet such parties in person.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.
We make no promise that materials on the Lotus's Website are appropriate or available for use in locations outside Malaysia, and accessing the Lotus's Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions 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 Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Lotus's Website ignores this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.