TERMS & conditions
USING OUR WEBSITE
1.1 Terms & Conditions of Website
1.1.1 By accessing and continuing to use and access the AZ Clover website at https://www.azclover.com and any extensions the products and services available through this Website you agree to these terms which shall be effective as soon as you access the Website. These Terms and Conditions are a legally binding contract between you and AZ Clover. If you do not agree to these terms and conditions then you must not access or use the Website and Services, you should leave the Website and cease use of the Website and Services immediately.
1.1.2 We may change these terms and conditions from time to time and so it is your responsibility to check these terms and conditions regularly. Your continuing use of the Website will demonstrate your acceptance of the amended terms and conditions. If you do not agree to the changes then you should stop using the Website immediately.
1.2 Restriction of Access
1.2.1 We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to either some or all parts of this Website and we shall have the right to restrict access to the Website and/or the services at our sole discretion at any time to any registered or non-registered users.
1.2.2 AZ Clover does not guarantee continuous, uninterrupted or secure access to any part of Website. The operation of our Website may at any time, with or without prior notice, be temporarily suspended or interrupted for any reasons whatsoever, including but not limited to technical maintenance works (whether routine or non-routine), server or error correction, upgrade or other changes, or for any interference or other factors outside of our control. AZ Clover does not ensure that any files or other data downloaded from the Website are free from viruses, malware, trojan horses and other harmful pro-active systems.
1.2.3 Where payments involve transfer via online bank accounts and/or involve debit cards and/or credit cards, AZ Clover cannot guarantee and makes no representations or warranties as to how long it will take to process the payment as the payment features may be provided by third parties and there are many factors beyond AZ Clover’s control.
1.3 Applicable Policies
1.4.2 There may be additional terms and conditions that will apply to the purchase of products and to specific portions or features of the Website. This may include promotions, contents or other similar features, all of which terms are made a part of these Terms and Conditions by this reference.
- TRANSACTIONS AND CONTRACT
2.1 Formation of Contract
2.1.1 When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Placing a product in your cart will also not constitute acceptance of your order or even after checkout of your order.
2.1.2 A contract between AZ Clover and you for the purchase of the products will only be formed when we send you an email notification that your order has been accepted and the transaction is complete.
2.2 Title & Risk of Products
2.2.1 Once a contract is formed, the full legal and beneficial title (ownership) in a product shall transfer to you upon AZ Clover receiving the full payment of the product in full and after shipping out the product. Thereafter the risk and responsibility shall remain with you. For the avoidance of doubt, AZ Clover reserve all rights to absolutely decline any transaction without stating any reasons whatsoever.
2.2.2 AZ Clover shall not be responsible or be held liable for any losses, damages, demands, claims, errors, inaccuracies, business disruptions, delays in delivery of the products or costs incurred of any kind that may arise in connection with or as a result of any such risks.
3.1 Product Descriptions
3.1.1 All products featured on this Website may be subject to change. Each product on this Website has a product information (detail and description), product measurement and price associated to it in addition to other details mostly provided by third party brands. We do not guarantee that any information (in particular product details, descriptions and prices) are always 100% correct at the time of purchase.
3.1.2 If the Product you receive is different from what has been described on this Website or if the Product is not of a satisfactory quality and you are unhappy with it, please return the product in unused condition with all tags intact. Refer to our returns policy HERE.
3.2 Pricing Policy
3.2.1 Prices quoted on our Website are correct at time of publishing but we reserve the right to vary them up or down for any reason whatsoever.
3.2.2 Despite our best efforts, it is possible that some of the prices on our Website, in stores, or in official AZ Clover publications (such as emails, catalogues etc) are incorrect. If this happens, we will, at our discretion, contact you for instructions or confirmation of the correct price, before dispatch or cancel your order and notify you.
3.2.3 We are under no obligation to honour any price quoted on our Website.
3.3 Product Availability
We make every effort to ensure that the products featured on our website are available and in stock, but there may be occasions where certain items might be temporarily out-of- stock. If a product is unavailable at the time of order, we may send an alternative item to you (upon your approval) or offer you a refund.
3.4 Product Sizing
Sizes and measurements quoted are approximate only and are listed as a guide. The actual size and measurements of the products may vary. If the size and measurement of a product is not as described or if the product itself is not as described, please return the product in unused condition with all tags intact. Refer to our returns policy HERE.
Please note that you are responsible for all charges that relate to customs or duty that may be applied in certain countries. AZ Clover takes no responsibility for these charges or for any delays in your receiving any goods owing to customs’ intervention.
- LIMITATION OF LIABILITY & DISCLAIMER
4.1 Limitation of Liability
4.1.1 Subject to the paragraph below, if either you or AZ Clover fails to comply with these Terms and Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms and Conditions.
4.2.2 We shall not be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever that result from our failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data; or
(e) any waste of time, energy or effort expended.
4.2.1 You agree to release, defend, protect, indemnify and hold AZ Clover, our affiliates, and our officers, directors, shareholders, agents, and employees harmless from any and all demands, claims, losses, damages, expenses or other liabilities which may arise from your use of the Website or Services or from your breach of any of these Terms and Conditions.
4.2.2 In addition, you agree to release, defend, protect, indemnify and hold AZ Clover, our affiliates, and our officers, directors, shareholders, agents, and employees harmless from any and all demands, claims, costs, losses, penalties, damages, expenses or other liabilities of any nature, arising in any manner out of your acts, omissions or negligence whether in tort, contract or otherwise.
AZ Clover shall not be responsible for disputes between one or more users, or an outside party. If, by the use of the Website and/or Services you have a dispute with another user, you hereby acknowledge and agree to hold AZ Clover, our affiliates, officers, directors, shareholders, agents, and employees harmless and agree to release AZ Clover from any and all claims, demands and damages of any kind and nature arising from or in connection with such dispute.
- BREACH OF TERMS & TERMINATION
5.1 Breach Of Terms by User
5.1.1 AZ Clover reserves the absolute right, in its sole discretion, to immediately suspend or terminate your account and/or access to the AZ Clover Website and the Services with or without any prior notification:
(a) if you have breached any of the Terms and Conditions; or
(b) where AZ Clover has reasonable grounds to believe that you are in breach of any of the Terms and Conditions, including any anticipatory breach where AZ Clover reasonably believes that a breach will be committed by you.
5.1.2 Not with standing anything to the contrary in these Terms and Conditions, you would also be deemed to be in breach of these Terms and Conditions if:
(a) AZ Clover has reasonable grounds to suspect that you have used a stolen credit card or utilised a cloned credit card or other false or misleading information in any transaction with a counter party;
(b) AZ Clover has reasonable grounds to suspect that any information provided by you is not complete, outdated, untrue, false, inaccurate or misleading;
(c) AZ Clover has reasonable grounds to believe that your act or comission may cause financial loss or legal liability to the Website or our affiliates, other users or third parties; or
(d) upon receipt of a complaint or claim from any third party and where AZ Clover has reasonable grounds to believe that you have breached these Terms and Conditions.
5.2 Consequences of User’s Breach
5.2.1 In the event of any breach by you of these Terms and Conditions, AZ Clover reserves the right to suspend and/or terminate your user account and/or access to the Website with or without notice to you.
5.2.2 AZ Clover also has the absolute right to restrict, ban or refuse any and all current or future use of the AZ Clover Website and any of the Services that may be provided by AZ Clover.
5.2.3 Upon suspension or termination, your right to use the features on the Website shall immediately cease and AZ Clover reserves the right to remove or delete your information that is available with AZ Clover, including but not limited to all of your login and account information.
5.2.4 Your right to use the Website immediately ceases upon termination or suspension of your account. You acknowledge and hereby agree that we may immediately deactivate or delete your account and all related information and files in your account and/or prevent any further access to such files or the Website.
5.2.5 AZ Clover shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your user account or any other actions taken by AZ Clover in connection with such account termination or suspension.
- INTELLECTUAL PROPERTY
6.1 Right of Use
6.1.1 All content included on our Website including but not limited to the web site design, photographs, images, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof are either our property or that of third parties and are protected by Malaysian and international copyright laws.
6.1.2 All software used on this site is either our property or that of our contractors and/or suppliers and is protected by Malaysian and international copyright laws.
6.1.3 Permission is granted to electronically copy and to print in hard copy portions of this Website for the purposes of placing an order with us and using this Website as a shopping resource only. Any other use of materials on this Website including reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without our prior written permission is strictly prohibited.
6.2 Restriction of Use
6.2.1 For the avoidance of doubt, you are not permitted to copy, post, reproduce, upload, duplicate, reverse engineer, encode, transmit, distribute, translate, or commercially exploit in any way including “mirroring”, data scrape or data crawl any part of the AZ Clover Website and/or the Services including any content to any other website or other form of electronic or mechanical methods or medium.
6.2.2 AZ Clover copyright, trademarks, logos, business name, domain name and rights in trademarks and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of similar domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. The names of actual companies and products mentioned herein may be the trademarks or intellectual properties of their respective owners.
6.2.3 All of AZ Clover’s rights and remedies are expressly reserved as they exist under the applicable laws.
- GOVERNING LAW AND JURISDICTION
Any disputes arising from use of this website will be governed by and construed in accordance with Malaysian Law and will be subject to the exclusive jurisdiction of the Malaysian Courts.
8.1 Entire Agreement
The Terms and Conditions, including all of the policies applicable by the Terms and Conditions, constitute the entire agreement between AZ Clover and you with respect to the use of the Website and Services and supersede any other agreement between AZ Clover and you with respect to the Website and/or Services.
8.2 No Waiver
8.2.1 Any failure or delay by AZ Clover in enforcing or partially enforcing any provision of these Terms and Conditions will not be construed as a waiver of any of our rights under these Terms and Conditions.
8.2.2 Any waiver by us of any breach of, or any default under, any provision of these Terms and Conditions by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of these Terms and Conditions.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the Term or Terms in question shall not be affected.
8.4 Agreement Survives Termination
All provisions in these Terms and Conditions which by their nature are intended to survive expiration or termination shall survive any expiration or termination of the contract between AZ Clover and you.
8.5 3rd Party Rights
A person who is not a party to these Terms and Conditions shall have no right or remedy to enforce any term of these Terms and Conditions and nothing herein shall be construed to grant any such person any rights or remedies to enforce these Terms and Conditions against AZ Clover.