Term & Condition

LHM ONLINE STORE TERMS & CONDITIONS

The terms and conditions (“Terms and Conditions”) in this document (“Agreement”) describe and stipulate the provisions which govern and regulate the legal relationship between you (“Customer”, “your”) and LEAN HUP MARKETING SDN BHD (“Us”, “We”, “LHM”).

This Agreement contains the current terms and conditions that apply to your purchase from us on order of any product or products listed as shopping items on this Website. You must read carefully and accept these Terms and Conditions upon purchasing or register for, access or use the Services (collectively referred to Use of Services). On placing any purchase order for the Products, you are acknowledged that you are fully aware of the contents of these terms and conditions and agree to be bound by and accept these terms and conditions.

1. Definitions
   • “Product(s)” means product(s) sold under the trademark “LHM” and/or other trademarks owned or used by LHM and listed as shopping items on this Website
   • “Customer” means a person who orders goods via this Website only and who is of legal age to form a binding agreement with LHM.
   • “Working Day” means a day, on which commercial banks in MALAYSIA  are open for business, excluding Saturdays, Sundays and gazetted public holidays.
   • “Payment card” means the debit, credit, or any other cards issued by a financial institution with the ability to make financial transactions, which are used to pay for items or services listed on this Website.

2. Acceptance of the Terms and Conditions
   • You are required to accept the Terms and Conditions by clicking the “accept” button before you are permitted to Use the Services.
   • These terms and conditions shall become the Agreement only when notice of acceptance by LHM of an order by Customer is sent to Customer
   • LHM reserve the right to decline any order submitted and/or limit the product quantities purchased by you, without given any reason. In the event that a product is out of stock, you will receive notification of order cancellation.
   • Notwithstanding any indication given by the system, the acceptance of Order is at the sole discretion of LHM and subject to availability.
   • LHM will only accept orders for delivery of the Products to the street address of Customer in Malaysia.
   • If we accept your Order, we will send you by email a confirmation of acceptance (“Order Confirmation”) in respect of all such Products. The Order Confirmation will be effective on sending.
   • Unless Customer notifies LHM to the contrary by email, telephone or facsimile transmission within three (3) working days and such notification is confirmed in writing within three (3) days of the notification, the Products shall be conclusively deemed to have been accepted by Customer as being in good condition and in accordance with the Agreement.

3. Changes of Terms and Conditions
   • LHM reserves the right, to change, modify, add, update or remove portions of these Terms and Conditions from time to time without prior notice.
   • LHM will bear no responsibility for any incorrectness or leakage.
   • Customer is thereby agreed that the changes of Terms and Conditions will supersede any other terms appearing elsewhere and shall override referred to by the Customer or in any course of dealing.

4. Price and Payment
   • Price of Products shall be confirmed on the Website at the time the Order is placed by Customer
   • Customer shall pay for the Products in Ringgit Malaysia.
   • The Customer shall at all times be responsible on the physical possession of their payment cards and shall be treated as the authorised cardholder for the purposes of making payments for purchases made on the online store.
   • Any information provided by the Customer for the purposes of making payments for online store purchases are to be treated in such a manner whereby the Customer is the authorised cardholder.
   • In the event of a suspected unauthorised third party payment, Customers shall contact the issuing bank.

5. Delivery
   • The delivery process will only be initiated after payment has been validated and a notice of acceptance has been sent to the Customer.
   • LHM shall endeavour to arrange to deliver the Products to the delivery point in Malaysia designated by Customer in his or her purchase order.
   • LHM shall use our reasonable endeavors to deliver the ordered Products to Customer according to the dates quoted for the delivery.
   • Any dates quoted by LHM for delivery of the Products are estimates only and shall not form part of the Agreement. In no event shall LHM be liable for increased 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 Products.
   • If Customer fails to collect the ordered products within 30 days after the delivery, the order will be cancelled, product will be discharged, no refund will be made.
     

6. Acceptance of Products
   • If delivered Products are not in good condition, Customer must notify LHM within three (3) working days of delivery by the delivered Products shall be deemed to have been accepted by Customer as being in good condition and in accordance with the Order placed. LHM reserves the right to have the defective Products replaced or repaired at our discretion.

7. Title, Risk of Loss or Damage
   • Title and risk of loss or damage to the Products shall pass to Customer on the physical delivery of the Products to the address identified by the Customer in the order.

8. Trademarks, Copyright and Intellectual Property Rights

• The trademarks, logos and service marks (known collectively as “Marks”) as well as content (including but not limited to information, communications, software, images, videos and sounds) (known collectively as “Contents”) contained on or available on the Website belongs to LHM, its content providers and third party licensors.
• You are not entitled to use any of LHM’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features without LHM’s prior written consent.
• You are not permitted to remove, obscure, conceal, modify or otherwise alter any proprietary rights notices, signs, trademarks, service marks, trade names, logos or other marks of LHM
• The entire contents of the Website also are protected by copyright as a collective work under the Malaysia Copyright Act 1987.

9. Hyperlinking
   • The Website may provide links to other websites hosted by third parties (“Linked Sites”). We are under no obligation to monitor the content on the Linked Sites and have no discretion to alter, update or control the content on the Linked Sites. Our provision of hyperlink to Linked Sites shall not be construed as an endorsement, authorization, sponsorship, or affiliation with respect to such web sites, their owners, or their providers.
   • The Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions which may differ from the provisions provided here and our Privacy Statement. In the event you are linked to any of these Linked Sites or visiting otherwise, please review their respective terms of use, privacy statements, notices and policies.

10. Registration data and Users account
    • You are required to provide information about yourself before you can continue to Use the Services.
    • You must be above legal age to be eligible to register for an account under this Website.
    • You hereby agree to provide accurate, current and complete Registration Data and to update Your Registration Data as required in order to keep it accurate, current and complete

11. Passwords and account security
    • You are required to open a User account and to provide a User ID and password.
    • You have to keep your Account Data safe and secure all times and prevent unauthorised access to your Used ID and password by third parties, or grant any other user or third party access to your User ID or Password.
    • You can access and change your User ID and Password at any time.

12. Privacy and protection of personal data
    • LHM is committed to the protection of your personal data.
    • You agree to the use of your personal data and information in accordance with .

13. Resale
    • The Customer agrees and warrants that the purpose of purchasing the Product(s) is not for resale but for the Customer’s own individual or personal use only. LHM shall be entitled to refuse to accept orders placed by the Customer if the Customer breaches or LHM suspects that the Customer will breach this warranty based on reasonable grounds. The Customer shall not remove components from the Product(s) for resale.

14. Force Majeure
    • LHM is not liable or responsible for any failure to perform, or delay in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, pandemics, equipment failures, or any other causes beyond LHM’s reasonable control (“Force Majeure Event”) of any of LHM’s obligations under this Agreement.
    • LHM will use its reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which LHM’s obligations under this Agreement may be performed despite the Force Majeure Event.

15. Export Restrictions
    • Customer hereby agrees to comply with all applicable export laws, regulations and orders of Malaysia, Japan and the United States of America. Specifically, but without limitation, Customer agrees that it will not re-export or ship, directly or indirectly, any Products or technical data in any form without first obtaining LHM’s prior written consent and the appropriate export or re-export licenses from the Government of Malaysia, the Government of Japan and/or the Government of the United States of America.

16. Jurisdiction & Arbitration
    • This Agreement shall be governed by and construed in accordance with the laws of Malaysia.
    • Any controversy, claim or dispute arising out of these Terms and Conditions shall be settled in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia.
    • Any award by the arbitration shall be final and exclusive.

17. Warranties
    • Unless otherwise expressly stated in this Agreement, LHM and its suppliers, partners and/or licensors provide the services on best effort basis only and exclude all warranties and conditions of any kind whether expressly or implied. In particular but without limitation, LHM and its suppliers, partners and/or licensors do not warrant or represent that:
      • The services are fit for any purpose or meet your requirements or are provided to you without any errors or deficiencies or that they are in compliance with any quality levels, as the case may be;
      • The Services are available to you at any time and provided to you without disruption, interruption or delay
      • The Services do not violate any laws
      • Any information (whether oral or written) obtained by you from LHM as a result of your use of the Services shall be suitable, accurate, complete and reliable
      • Any deficiencies in the services, including any defects in performance, operation or functionality of the services or any software provided to you as part of the services will be fixed, corrected or remedied.
    • The Customer acknowledges and agrees that the Website is only a platform and online marketplace for the listing of various products by various suppliers and third-parties. Any matters pertaining product warranties shall be handled by the respective brands of the product.

18. Refunds
    • Once the Order is confirmed on the Website, all items sold are non-refundable, non-returnable and non-exchangeable. Customers must verify all the information, including product model, specification and price carefully before placing order. In the case of defective Products, please refer to Clause 6 above.
    • Also, Customers are responsible for verifying the information when providing payment card details when making payments in the Website.

19. Limitation of Liability
    • LHM shall not be liable to customer for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of profits or loss of savings, arising from the use of this Website, the use or inability to use of any goods or service sold or provided pursuant hereto, even if LHM has been advised of the possibility of such damages or such damages are foreseeable.
    • Nothing in these terms shall limit LHM’s liability to you for death or personal injury arising from its negligence.
    • In no event shall LHM have any liability to the other or indirect or punitive damages or for any claim by any third party except as expressly provided herein.
    • In the event that the applicable law does not allow the limitation or exclusion of liability or damages, in no event shall LHM’s total liability for all damages, losses and causes of action of any king exceed the amount invoiced by LHM for the respective products.

20. Indemnity
    • Customer will fully indemnify and hold LHM(and our affiliates, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by himself/herself or any third party due to or arising out of his/her breach of these Terms and Conditions, improper use of the Website or breach of any law or the rights of a third party

21. Terms & Conditions for Usage of Website

• You are using the Website at your risk. LHM makes no warranties or representations as to its accuracy and LHM specifically disclaims any liability or responsibility for any errors or omissions in the content on the Website. Neither LHM nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Website. Without limiting the foregoing, everything on the Website is provided to you “As Is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that certain jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You are advised to always check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

• You should always assume that all materials on this Website is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Website.

• Features and specifications of products described or depicted on the Website may be subject to change at any time without notice. All non-metric weights and measurements are only an approximate. All monitor screens are measured diagonally; all monitor screen images contained in this database are simulated pictures unless otherwise indicated.

• LHM shall assume no responsibility, and shall not be liable for, any damages to, or cyber-attacks and/or cyber-viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.

• Subject to our Privacy Policy, should you send any communications or materials to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by LHM or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, please note that any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products, LHM is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever without providing any compensation to you.

• LHM shall assume no responsibility and shall not be liable for any unauthorized or unlawful interception or modification of any communication between you and LHM (whether by electronic mail or otherwise), or for any loss or damage arising thereby (including but not limited to any loss or damage arising out of the unauthorized or fraudulent use of any information contained in or made accessible via such communication).

• Materials displayed on the Website are either the property of, or used with permission from the respective owner, to LHM. The use of these materials by you, or anyone else authorized by you, are prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

• The Website refers to products and/or services that are generally available for purchase in Malaysia but may not be available in your particular country or locality. The reference to any such products or services in this Website does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with your local LHM
• authorized representative for specific product/service availability in your locality.

• LHM is not responsible for the content of any Website linked to or from the Website. Your accessing to links to any other Website is entirely at your own risk. While LHM may provide links on this Website to other Websites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the Website or the content of the Website. LHM disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such Websites.

• Although LHM may from time to time review and monitor discussions, chats, postings, transmissions, bulletin boards and the like on the Website, LHM is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. LHM
• will fully cooperate with any law enforcement authorities or court order requesting or directing LHM to disclose the identity of anyone posting such materials.

• LHM may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and conditions, you should therefore periodically keep yourselves informed of these changes, by clicking the Terms and Conditions hyperlink at the bottom of the LHM Web pages, to review the then current Terms and Conditions.

• These Terms and Conditions are to be governed by and construed in accordance with the law of Malaysia, without reference to its conflicts of law rules.