Terms of Use

TERMS OF USE

These terms and conditions (“Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and KHIND Marketing (M) Sdn. Bhd. (“KHIND Malaysia”, “we” “us”, “our” or “ours”), concerning your visit, access to and/or use of our websites (in both web and mobile versions), our mobile application(s) (in both iOS and Android versions), as well as any other web or mobile platforms owned, operated or managed by KHIND Malaysia (such mobile application(s) together with the websites may be collectively or individually referred to as the “Site”). These Terms of Use, together with our Privacy Policy, any supplemental Terms of Use that may be posted on the Site, and any other policies which govern your relationship with us as may be established and determined by us, from time to time (collectively referred to herein as, the “Agreement”) govern your interactions with us, your access and use of the Site, as well as any of your booking and procurement of our Products (as defined herein).

You agree and acknowledge that by downloading and/or accessing the Site, you have read, understood, and agree to be bound by these Terms of Use without any objection or reservation. If you do not agree with any of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately. Any Products or Services (as defined herein) offered and/or provided on, through and/or in connection with the Site which do not require registration do not absolve you of the contractual relationship established under these Terms of Use. We reserve the right, in our sole discretion, to make changes or modifications to the Agreement at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you hereby waive any right to receive specific notice of each such change. You will be deemed to have accepted the changes in any revised Terms of Use by your continued use of the Site.

  1. INTERPRETATION AND DEFINITION
    1. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:
      1. “Account” means an account registered by a User for the use of the Site;
      2. “Account Information” means the information provided by a User as part of his Account registration on the Site;
      3. “Applicable Laws” means any and all applicable constitutions, treaties, conventions, statutes, laws, by-laws, regulations, ordinances, codes, code of practice, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, directions, directives, determinations, guidelines, or requirements of or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies or any court, arbitrator or tribunal with competent jurisdiction, whether in Malaysia or elsewhere, as amended or modified from time to time, to which the person or the entity referred to, is subjected;
      4. “Content” means any materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, source code, databases, functionality, software, website designs, blogs, webcasts, broadcasts, messages, comments, ideas and other contents on the Site;
      5. “Contributions” means any form of content on the Site that is contributed by a User;
      6. “Customer” means any entity or person who purchases Products through the Site or is an end-user of any Services offered through the Site;
      7. “Dispute” means any dispute, controversy, or claim related to these Terms of Use;
      8. “Minor” means a person who is under the age of eighteen (18);
      9. “MYR” means Ringgit Malaysia or the lawful currency of Malaysia;
      10. “Password” means the password created or used by the User to gain access to the Site;
      11. “Personal Data” means any data about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access, including any sensitive personal data, as defined under the Malaysian Personal Data Protection Act and the Privacy Policy;
      12. “Privacy Policy” means KHIND Malaysia’s official privacy policy;
      13. “Product” means any items, products or goods advertised, offered and/or made available to the User on, through, and/or in connection with, the Site, including any instalment of the goods or any parts for them;
      14. “Ringgit Malaysia” means the lawful currency of Malaysia;
      15. “Service” means the services offered, provided, caused to be provided, and/or proposed to be provided by KHIND Malaysia to the User or Customer, including our customer support and delivery services;
      16. “Third-Party Website” means the website of a third party which is linked to or from the Site;
      17. “Third-Party Content” means any form of content on the Third-Party Website;
      18. “User” means a registered or an unregistered user of the Site including any person who downloads the Site, any person who visits the Site either by simply entering the domain name in any internet browser or otherwise, any person who places any booking or order on the Site and/or any person who uses the Site, including its employers, employees, representatives, agents, or affiliates for whom or on whose behalf, the User is using the Site. For the purpose of these Terms of Use, unless the context implies otherwise, the term “you”, “your”, or “yours” bears the same definition as the term “User”;
      19. “User Content” means all Content on the Site which is created, transmitted, posted, or uploaded by a User; and
      20. “Username” means the username and/or email that the User used to register their profile on the Site.
    2. Except where the context otherwise requires, words denoting the singular shall include the plural and vice versa; words denoting any gender shall include all genders; words denoting persons shall include firms and corporations and vice versa.
  2. USER ACCOUNT
    1. You are required to register with the Site by creating an Account by entering your name, email address, password and certain other information requested and collected by us for the purpose of your Account registration (collectively “Account Information”). The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register an Account with us.
    2. As part of the registration process for the Account, you shall select a password ("Password") and a username ("Username"). We reserve the right to remove, reclaim, or change the Username you select if we determine, in our sole discretion, that such Username is inappropriate, obscene, or otherwise objectionable.
    3. You agree that the Account Information that you provide to us at all times is true, accurate, current, and complete. The failure to do so shall constitute a breach of these Terms of Use, which may result in the restriction, suspension, or immediate termination of your Account.
    4. By registering your Account with us, you will be able to communicate electronically with us. You shall be bound by, and responsible for, all communications transmitted through the use of your Username and Password, and all such communications shall be deemed to be communications made and issued by you.
    5. You shall promptly notify us of any known or suspected unauthorised use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password.
    6. You agree to keep your Password confidential and will be responsible for all use of your Account and Password. You may not use another User’s Account at any time without the User’s permission.
    7. We shall have no responsibility or liability for any losses, damages, costs, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Username and Password.
    8. We reserve the right to take any and all actions, as deemed necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall we be held liable to you for any loss or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party.
  3. USER REPRESENTATIONS
    1. By accessing and using the Site, you represent and warrant that:
      1. all registration information you submit will be true, accurate, current, and complete;
      2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
      3. you have the legal capacity and you agree to comply with these Terms of Use;
      4. you are not under the age of 18;
      5. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
      6. you will not use the Site for any illegal or unauthorised purpose;
      7. your use of the Site will not violate any Applicable Laws; and
      8. you are a representative of the entity stated in the registration section of the Site.
    2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.
  4. PROHIBITED ACTIVITIES
    1. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a User of the Site, you acknowledge and agree not to:
      1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
      2. make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
      3. use a buying agent or purchasing agent to make purchases on the Site;
      4. use the Site to advertise or offer to sell goods and services;
      5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
      6. engage in unauthorised framing of or linking to the Site;
      7. trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive Account Information such as User Passwords;
      8. make improper use of our support services or submit false reports of abuse or misconduct;
      9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
      10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
      11. attempt to impersonate another user or person or use the username of another user;
      12. sell or otherwise transfer your profile;
      13. use any information obtained from the Site in order to harass, abuse, or harm another person;
      14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
      15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
      16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
      17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
      18. elete the copyright or other proprietary rights notice from any Content;
      19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
      20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
      21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices;
      22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
      23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
      24. use the Site in a manner inconsistent with any Applicable Laws; and
      25. intentionally provide misleading, incorrect information or falsifying information with the intention of skewing or fixing the results of the assessment.
    2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.
  5. USER-GENERATED CONTRIBUTIONS
    1. The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to our data, text, writings, video, audio, photographs, graphics, comments, suggestions, documents or personal information or other material (collectively, “Contributions”).
    2. Contributions may be viewable by other Users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
      1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
      2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Site, and other Users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use;
      3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use;
      4. your Contributions are not false, inaccurate, or misleading and do not consist of unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
      5. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
      6. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
      7. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
      8. your Contributions do not violate any Applicable Laws;
      9. your Contributions do not violate the privacy or publicity rights of any third party;
      10. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
      11. your Contributions do not violate any Applicable Laws concerning child pornography, or otherwise intended to protect the health or well-being of minors;
      12. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
      13. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any Applicable Laws.
    3. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
  6. CONTRIBUTION LICENCE
    1. By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This licence will apply to any form, media, or technology now known or hereafter developed, and you waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
    2. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
    3. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
    4. We have the right, in our sole and absolute discretion, to:
      1. edit, redact, or otherwise change any Contributions;
      2. re-categorise any Contributions to place them in more appropriate locations on the Site; and
      3. pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
    5. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.
  7. INTELLECTUAL PROPERTY RIGHTS
    1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Malaysia, foreign jurisdictions, and international conventions.
    2. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission.
    3. Provided that you are eligible to use the Site, you are granted a non-exclusive and non-transferrable licence to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal and non-commercial use.
    4. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
    5. We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us.
  8. PRICING AND PAYMENT POLICY
    1. All prices stated are in MYR and are inclusive of taxes but are exclusive of delivery charges from KHIND Malaysia to the Customer within Malaysia, which shall be borne by the Customer, unless otherwise stated.
    2. We accept payments by Visa and MasterCard (credit and debit cards), FPX online banking and eWallet such as Boost, GrabPay, Touch ‘n’ Go, Kiple Wallet, WeChat Pay, AliPay, MayBank QR Pay, ShopeePay, and WeChat Pay QuickPay (MY) processed by KiplePay payment gateway.
    3. All payments must be made in MYR only. No international orders are accepted. All payments must be cleared before an order can be processed and shipped out.
    4. We reserve the right to:
      1. change our payment options and arrangements at any time;
      2. notify Customers of any errors in price and to make necessary adjustments;
      3. change, discontinue any specials or promotional offers at any time; and
      4. change Product listings, pricing, specifications, availability, shipping method and arrangements at any time without notice.
  9. SHIPPING POLICY
    1. KHIND Malaysia will only accept orders with valid delivery addresses within Malaysia. No delivery to post box will be made.
    2. All orders received will be processed within 24 hours during business day and ready for shipping out from our warehouse. All parcels are delivered by our courier partner(s) (i.e., J&T Express, GDex, ABX Express).
    3. The Customer will receive the shipping details with tracking number by email once the order has been processed.
    4. Delivery normally takes 2 to 6 business days from the date when the Customer receives the order confirmation email from the Site. In the event that order(s) have not been received after 14 business days following the confirmation of order, please reply to or send email to khindonline@khind.com or contact the Customer Careline at 1300 8000 32.
    5. Any dates quoted by KHIND Malaysia for delivery of the order are estimates only. In no event shall KHIND Malaysia be liable for increased expenses or delivery cost, loss of profits or goodwill or any other special, incidental direct or indirect or consequential damages due to late delivery or non-delivery of the order.
    6. Shipping rates are calculated based on weight, dimensions, origin, destination and courier provider and will be clearly indicated at the time of checkout.
    7. The shipping fees and courier partner(s) are subject to change without prior notice to the Customer.
    8. In the event the parcel(s) is returned to us due to the delivery details provided are invalid/insufficient or if the courier failed to contact you for whatsoever reasons, we will refund the payment to you after deduction of the shipping charges.
  10. RETURN AND REFUND POLICY
    1. In summary, it is our policy that we accept return and refund or one-to-one exchange due to any of the following reasons:
      Reasons for return YOUR RETURNED ITEMS MUST BE:
      New Condition Sealed Condition Complete (free's gifts,accessories, original packaging) Not Damaged
      Delivery – Wrong Product
      Product sealed should not be broken EXCEPT for item type that cannot be differentiated visually based on information provided on the box/ packaging only
      Quality – Damaged Product × × ×
      Quality – Defective × ×
    2. Any Customers who meet the requirements as stated above and who would like to request for return/ exchange of any Product bought, may fill up the return form available at www.khind.com.my/returns or contact us by sending email to khindonline@khind.com or call us at 1300 8000 32, within 7 business days following delivery date, and to provide proof of purchase and photo of wrong/damaged/defective Product.
    3. We also recommend you immediately inspect any Products that we deliver to you or that you collect from one of our stores, to ensure you are completely satisfied with the Products, including that the Products are of acceptable quality, and match the description we have provided to you.
    4. We shall arrange for our courier partner to collect the wrong, damaged or defective Products from the Customer’s given address and deliver the replacement Product to the Customer in a separate shipment. New shipping details will be provided to the Customer.
    5. If exceeded the 7 business days period, any Product parts defect and manufacturing faults should be claimed under manufacturer warranty, based on the conditions of warranty stated on the warranty card.
    6. We do NOT accept return of any Products which is purely due to a change of mind or purely due to the Products being different from expectations, to the extent permitted by Applicable Laws.
    7. The refund will be returned to your account of payment within 7 to 14 business days from the day of refund confirmation sent by KHIND Malaysia.
    8. If KHIND Malaysia determines that the claim is not covered under the warranty for whatever reason, the Customer will be duly notified. If the Customer authorises KHIND Malaysia to repair the Product(s) which is not covered under the warranty, the Customer shall pay all the charges for all parts, shipping, and labour for the repair and return of the Products.
  11. CANCELLATION POLICY
    1. Refund will be returned to your account of payment within 7 to 14 business days from the day of refund confirmation sent by KHIND Malaysia.
    2. No amendments or cancellations are allowed after order has been processed and shipped out. Please ensure that your delivery details and ordered item(s) are correct before making the payment.
    3. Amendments are only allowed if the order has not yet been processed.
    4. In the event that order placed is out of stock, Customer will be duly notified via email and given the options of refund OR wait for new stock arrival OR exchange for another similar model of Product.
  12. SERVICE POLICY
    1. If you require any assistance, please contact our Customer Careline at 1800 88 0032. Please provide full details of the Product model number and serial number, date of purchase and proof of purchase/warranty card and a brief description of the defect/query.
  13. GUIDELINES FOR PRODUCT REVIEWS
    1. We may provide you areas on the Site to leave reviews, comments or ratings. When posting a review, you must comply with the following criteria:
      1. you should have firsthand experience with the person/entity being reviewed;
      2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
      3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
      4. your reviews should not contain references to illegal activity;
      5. you should not be affiliated with competitors if posting negative reviews;
      6. you should not make any conclusions as to the legality of conduct;
      7. you may not post any false or misleading statements; and
      8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.
    2. We may accept, reject, or remove reviews or comments in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our views.
    3. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
  14. SUBMISSIONS
    1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, personal information or documents or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
    2. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
  15. THIRD-PARTY WEBSITES AND CONTENT
    1. The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
    2. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
    3. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk.
    4. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
    5. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
  16. ADVERTISERS
    1. We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any Services provided on the Site or Products sold through those advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
    2. Further, as an advertiser, you warrant and represent that you possess the rights to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
  17. SITE MANAGEMENT
    1. We reserve the right, but not the obligation, to:
      1. monitor the Site for violations of these Terms of Use;
      2. take appropriate legal action against anyone who, in our sole discretion, violates any Applicable Laws or these Terms of Use, including without limitation, reporting such user to the authorities;
      3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
      4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
      5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
  18. PERSONAL DATA TRANSFER
    1. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Malaysia. If you access the Site from the United States, European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Malaysia, then through your continued use of the Site, you are transferring your data to Malaysia, and you expressly consent to have your data transferred to and processed in Malaysia.
  19. TERM AND TERMINATION
    1. These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any Applicable Laws. We may terminate or suspend your use of the Site or delete your Account or any Content or information that you posted at any time, without warning, in our sole discretion. Additionally, we reserve the right to take any appropriate legal actions of any nature.
    2. If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name or any other name even if you are acting on behalf of the third party.
  20. MODIFICATIONS AND INTERRUPTIONS
    1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
    2. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
    3. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
    4. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
    5. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
  21. DISPUTE RESOLUTION
    1. These Terms of Use shall be governed by and construed in accordance with Malaysian laws.
    2. All issues or complaints arising out of, or in connection with these Terms of Use shall be first settled amicably in good faith by negotiations of the parties.
    3. If such issues or complaints between the parties remain unresolved within forty-five (45) days from the issuance of a notice of dispute by any party to the other, the parties irrevocably submit the said dispute to the exclusive jurisdiction of the Courts of Malaysia to settle such dispute.
  22. DISCLAIMER
    1. The Site is provided on an as-is and as-available basis. You agree that your use of the Site will be at your sole risk.
    2.  
    3. We make no warranties or representations about the accuracy or completeness of any Content on this Site or the content of any websites linked to the Site and we will assume no liability or responsibility for any:
      1. errors, mistakes, or inaccuracies of content and materials;
      2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;
      3. any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
      4. any interruption or cessation of transmission to or from the Site;
      5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or
      6. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
    4. We do not warrant, endorse, guarantee, or assume responsibility for any Product or Service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
    5. There may be information on the Site that contains errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and others. We reserve the right to correct any errors, inaccuracies, or omissions and to amend the information on the Site at any time, without prior notice to you.
  23. LIMITATIONS OF LIABILITY
    1. To extent fully permitted by the Applicable Laws, in no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site.
  24. INDEMNIFICATION
    1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
      1. your Contributions;
      2. your use or misuse of the Site;
      3. your breach of these Terms of Use, howsoever occasioned;
      4. any misrepresentation made or false information provided by you during your use of the Site;
      5. your violation of the rights of a third party, including but not limited to intellectual property rights or breach of confidentiality; or
      6. any overt harmful act toward any other user of the Site with whom you connected via the Site.
    2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
  25. USER DATA
    1. Your personally identifiable data or information is protected under the Personal Data Protection Act (“PDPA”). We will maintain certain data that you transmit or enter to the Site for the purpose of managing the Site, as well as data relating to your use of the Site.
    2. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. We will collect and retain all the information and data entered in relation to the Service as set out and presented in the Site.
    3. We reserve the right to access and use the data for analysis, reporting or summarising for research, reporting, sharing and analytical purposes on a perpetual basis. We may from time-to-time engage Third-Party Entities for data processing, storage and analysis purposes. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
  26. ELECTRONIC COMMUNICATIONS AND SIGNATURES
    1. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
    2. By visiting the Site, sending us emails, and completing any of our online forms, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
  27. MISCELLANEOUS
    1. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
    2. We may assign or novate any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
    3. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
    4. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
  28. CONTACT US
    1. If you have any queries on these Terms of Use or if you wish to make a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: https://www.khind.com.my/contact-us.html.

Date of Issuance of the Terms of Use: 29 Jun 2022
Last Updated: 29 Jun 2022