TERMS & CONDITION
Welcome to LADY AMERICANA (Malaysia) (“Company”, “we”, “our”, “us”)! This website is owned and operated by LADY AMERICANA (M) SDN. BHD. (CO.50922-K) address at Lot 805, 6km, Jalan Jelebu, 70100 Negeri Sembilan Darul Khusus, Malaysia.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at https://www.ladyamericana.my/ (together or individually “Service”) operated by LADY AMERICANA (M) SDN. BHD. As a user of this website, you acknowledge that any use of the website including any transaction you make is subject to these terms and conditions below.
These terms and conditions set out the basis on which you can use our website and place orders for goods from us. By ordering goods from us, you are deemed to have read, understood and accepted our terms and conditions below.
We reserve the right to change these terms and conditions at any time. Any such changes will take effect on the date posted on the website. It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify acceptance to be bound by the latest term and conditions.
Please read through these terms and conditions carefully before using this website.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing us at firstname.lastname@example.org so that we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service
By using our Service, you are communicating with us electronically. We will communicate with you by email or by posting notices on our website and through social media network and text messages or WhatApps. You agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at email@example.com.
- We are committed to safeguarding the privacy of each individual and we ensure that our employees handle personal information in accordance with the strictest standard of security and confidentiality
2.1 We respect the privacy of all individuals. We do not collect excessive personal information from you for the purpose of providing this Service and protect the personal information provided by you.
2.2 We protect and handle your personal information in accordance with these terms and conditions. We do not use your personal information for the purpose other than provision of our service, and disclose publicly or release such personal Information to any third party.
- Purposes of Data Collection
3.1 To verify your identity, establish your profile, provide our service to you by your personal information collected (including but limited to verifying the ID exclusively assigned for your mobile device with using the data of the said mobile device; or providing birthday rewards by collecting your date of birth etc.).
3.3 To subscribe our service and support – we may collect certain of your personal information (including contact details) and the record about the services or support that you have requested. Such personal Information may also be used to provide updates regarding our products and services as well as similar notices about the services we provide.
3.4 To conduct data analysis – we may use your personal Information for statistics and analysis in order to develop or improve our services or similar purposes.
3.5 To respond enquires and keep contact – we may respond to you for your comments or enquiry about our products or related services given by email or keep contact with you for providing related information about our Company through email, forum, or other means.
3.6 To market or promote of our products or services, e.g. we may directly communicate with you for the latest service update or notice – we may, therefore, collect your contact information, e.g. name, email address or mobile number
- We may also use your personal Information in case of the following circumstances:
4.1 To report any suspicious cases – If we have proven that there is any act harmful to you or any third party, we may report the relevant information to you or such third party, related organization or authority concerned.
4.2 To investigate complaints – We may use your personal information to investigate and handle any complaint, claim or lawsuit raised by you against us, other person, our website or our business partners for your use of our service or products (including but not limited to any verbal or written negotiation).
4.3 Other – If we intend to use your personal information for the service other than those listed above, we shall then post the details on the webpage of the relevant service or contact you otherwise.
- Transfer of Personal Information
5.1 The third-party business partners – we may provide your personal information to our business partners in providing support service which is necessary for or related to your use of our service (including but not limited to administration, technical support, customer services, logistics distribution, installation, telecommunication, computer, electronic marketing and other professional services). These business partners shall be contractually required to comply with requisite privacy standards imposed by us.
5.2 Our affiliated companies – we may share your personal information with our affiliated companies for the above-mentioned purposes of collection.
5.3 Disclosure by legal requirement – disclosure may be made according to statutory requirement, court order, search warrant or any other enquiry legally required.
- Marketing and Promotion
6.1 Regarding the above sub-clause 3.6, we only use your personal information for marketing purpose under your consent (or indication of no objection). You can choose not to receive any unsolicited marketing communication from us. Upon receipt of your opt-out request, we shall remove your name from our marketing distribution list. However, we shall retain your contact information for certain customer service purpose, e.g., notifying you if we fail to provide any of our service or your use of our service is affected due to whatever reason, or if there is any update regarding the product or service purchased by you or update of other information.
6.2 We do not disclose your personal information to any third party without your consent for direct marketing purpose.
- Your personal information will be retained for a period necessary to attain the specified purpose
- Access or Correction in Personal Information
8.1 You have the right to check whether we hold any of your personal information.
8.2 You have the right to request us to correct or update your personal information which is incorrect or outdated.
8.3 If you would request to check or update personal information, you can contact us by email. For our contact details, please refer to our website at https://www.ladyamericana.my/.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
All contents on our website are the property of LADY AMERICANA (Malaysia) or its partners or affiliates and are protected by the Malaysian and Internal copyright laws.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
Contests, Sweepstakes and Promotions
From time-to-time LADY AMERICANA (Malaysia) may offer promo codes which may be used for specified products through banner or pop-up message, email or in social media channels via our website. We have the right to revise and amend these terms and conditions of the promotion or promo code from time to time including reflecting changes affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site’s capabilities. We reserve the right to refuse you of any promotion or promo code, vary or discontinue the promo code scheme at any time. The promotion or promo code can only be used for one promotion or promo code.
LADY AMERICANA (Malaysia) has the right to refuse the use of any promotion or promo code once the promotion or promo code has expired.
Freebies and Prizes
LADY AMERICANA (Malaysia) may offer freebies or prizes in relation to our contests, promotions or with purchase of our products. These freebies or prizes are not returnable.
All LADY AMERICANA (Malaysia) products, shall not be copied, reproduced or duplicated or otherwise produced for any commercial purposes without the consent from LADY AMERICANA (Malaysia). This includes the use any trademark, logo or other propriety information of LADY AMERICANA (Malaysia).
When you upload or post content to our site, you grant the following licenses:
A worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the services provided by our site and across different media and to promote the site or services; and worldwide, non-exclusive, royalty-free, transferable license to allow third parties to use the content for their purposes. We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.
At any time, LADY AMERICANA (Malaysia) reserve the right to refuse service to anyone without giving any reason to do so. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Delivery & Collect
LADY AMERICANA (M) offer free delivery of all its products throughout Peninsular Malaysia by our own Delivery Team with the following conditions:
- We deliver your mattress directly to your doorsteps and delivery of your mattress shall be made as per your address stated in your order confirmation.
- Delivery in Klang valley will take approximately 4-6 working days and 4-8 working days outside Klang valley.
- Currently we do not deliver to East Malaysia but we can arrange delivery for you using our Courier Partner. You may contact our Customer Service at +60 12-359 5899 or email us at firstname.lastname@example.org for further details.
- Delivery dates are entirely subject to availability and scheduling by our Delivery Team or Courier Partner. We will usually contact customers after their confirmed purchase to arrange the delivery.
- We make every effort to deliver your goods within the estimated timeline; however, we do not guarantee that they will arrive by the particular date. We reserve the right to amend the delivery date without notice to you.
- In addition, delays are occasionally inevitable due to unforeseen circumstances and we cannot be held responsible for delays which are outside of our control.
- Any additional costs to LADY AMERICANA (M) such as and not limited to on-demand delivery or return collect requests on a specific time and date will be charged to the customer in case of a return and deducted from the refund amount.
- Risk of loss and damaged of goods passes to you on the date when the goods are delivered to you.
- If you are unable to accept the delivery as schedule, you must inform LADY AMERICANA (M) before delivery is attempted. Our Delivery Team or our Courier Partner will wait for a maximum of 10 minutes upon reaching your location. If after 10 minutes and we are unable to confirm delivery to you, your delivery will be deemed as failed to be delivered and you will be charged full price of the delivery charges.
- If you wish to change your order delivery date, kindly inform our Customer Service at +60 12-359 5899 or email us at email@example.com. Change of delivery date is entirely subject to availability and scheduling by our Delivery Team or our Courier Partner. We may charge additional delivery fee for any last-minute change of delivery date.
- We will make reasonable attempts to contact you before delivery to ensure you are able to accept the product.
- As our goods is of ‘reasonable value’ we have chosen a delivery service which requires a signature on delivery. Please bear this in mind when placing your order.
Once you have placed your order online, we will send you an Order Acknowledgement email. A Confirmation of Dispatch email will then be sent to you, including tracking information for your order. A signature will be required from the recipient of Goods for proof of delivery received. The recipient maybe you or any third-party present at your delivery address, the representative must be an adult capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative’s instructions as if they were your own. Delivery staff are not permitted to leave any items that have not been signed for.
The delivery of Goods shall be made to the address specified by the Buyer during the online order process. The location must be within Malaysia and within our predefined delivery areas. The location must be accessible by road. You are solely responsible for ensuring that we are able to make delivery to the delivery address. We shall not be liable in respect of any delay in delivery as a result of any act or omission by you.
Courier and Parcel Deliveries
Any dates quoted for courier delivery of the Goods are approximate only. We do try to meet the estimated delivery dates however there are times where we are unable to do this and your actual delivery date will be different. We would advise you not to make any plans to accept your delivery, for example booking time off from work. We aim to deliver your order within 14 days of placing your order, depending on stock availability and where you live. We will in any event deliver the Goods within 30 days of your order unless otherwise agreed by you and us. Delivery for orders are made from Monday to Friday between 8am and 6pm. Delivery will only be made to the point of entry of the delivery address. You can refer to Shipping and Delivery for the delivery charges and estimated delivery time against the region.
Goods are inspected before packaged for delivery. However, if item(s) received within the packaging are faulty or damaged (whether before or during delivery), you shall notify us as soon as possible, within 7 days of delivery by Contacting us. Any damaged Product/package must be retained for inspection at a later date. Should you dispose of any damaged Product/package before we have had the opportunity to inspect it, then this could affect any claim for replacement. Where it is established that we are responsible for damage to a delivered item, we will replace the damaged item or if we are unable to do so, we will reimburse you with the full amount you have paid for the Product together with any delivery charges. We will not accept responsibility for any items that are damaged during the delivery process to the extent that such damage is your fault.
Price, Payment and Purchase
The price of our products will be quoted at the time we received your order in our website, except in the case of obvious error. The price includes shipping cost and taxes and in MYR (Malaysian Ringgit). We must receive in full all payments prior to the delivery. Payment options are provided at the point of purchase, which are subject to change without notice. If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the Product against your order.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
Payment for an order can be made by any method specified in this website. If you choose a direct payment gateway for you to complete your purchase, our authorize payment gateway partner stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase. All direct payment gateways adhere to the standards set by PCI-DSS, as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa and MasterCard. PCI-DSS requirements help ensure the secure handling of credit card information by us and its service providers. All credit card/debit cardholders are subject to validation checks and authorization by card issuer. If the issuer of your payment card refuses, or subsequently refuses, to or does not for any reason authorize payment to us, and in the absence of negligence on our part, we will not be liable for any delay or non-delivery.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized.
All LADY AMERICANA (Malaysia) products are subject to availability. Availability is usually advised when placing an order but if this is not possible, we will advise of any delay as soon as is reasonably practicable. We do not guarantee Product availability for all products at all time. LADY AMERICANA (Malaysia) at any time may discontinue or change the specifications on Product and Service without prior notice.
LADY AMERICANA (Malaysia) reserve the right to notify you that Product you ordered have become unavailable. We will not charge you for the Product that is not supplied to you. You may change to another Product by emailing us at https://www.ladyamericana.my/. We reserve the right to discontinue any Product at any time.
Limited Mattress Warranty
This Limited Mattress Warranty extends to mattresses made by LADY AMERICANA (M) SDN. BHD. (CO.50922-K), purchased directly from our website at https://www.ladyamericana.my/.
Your new LADY AMERICANA (Malaysia) mattress is covered by a Ten (15) years Limited Warranty for mattress.
This Limited Mattress Warranty extends to the original purchaser of any LADY AMERICANA (Malaysia) mattresses who is located in Malaysia. All LADY AMERICANA (Malaysia) warranties, including any implied warranties, are valid only for the period of time the mattress is owned by the original purchaser. The “original purchaser,” for the purposes of this Mattress Warranty, is the first purchaser of the mattress from LADY AMERICANA (Malaysia). Please retain a copy of your receipt as proof of purchase. Receipt will be issued when you have completed your purchase. All LADY AMERICANA (Malaysia) Limited Warranty are not transferable.
To enjoy this Limited Mattress Warranty, customer should complete the online warranty registration within 30 days of delivery.
LADY AMERICANA (Malaysia) warrants the mattress in its original packaging sold to you against the defects in material and workmanship set forth below (“defects”) from the time your mattress is purchased by you, when the mattress is used normally for its intended purposes in the home and on a bed base that is structurally capable of supporting the weight of the mattress and user.
This Limited Mattress Warranty applies to the following defects:
- Deterioration that caused the mattress to have a visible indentation greater than 5cm. This should not be associated with an indentation or sag which is the results of using an unsupportive bed base foundation.
- Any physical flaw in the mattress, a manufacturing defect in nature, including structural flaws in the mattress causing the foam materials to split or crack, despite normal usage and proper handling.
This Limited Mattress Warranty does not cover the following:
- A normal body wear and tear impression that increases in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the mattress.
- Structural damage to the mattress caused by using an improper bed frame or foundation.
- Individual comfort preference by firmness & comfort.
- Sheet fit.
- Transportation costs.
- Damages resulting from soiling, unsanitary conditions due to blood or bodily fluids and stains, improper or unapproved cleaning methods, fading or other damages resulting from exposure to sunlight, damages resulting from household humidity or damages resulting from any liquid, including but not limited to liquid damage, burns, cuts, tears, prolong sitting on the edge of the mattress, folding or jumping on the mattress that result damaging the mattress structure or stains. CAUTION: Any use of improper or unapproved cleaning methods voids all warrants of LADY AMERICANA (Malaysia) products.
- Problem caused by natural disaster e.g. fire, flood, etc.
- Residual of lint, thread or fire fabric caused by using high powered vacuum or blower.
- Damage caused by commercial use.
- The mattress dimensions within the accepted tolerance of +/- 3 cm on the published size.
- Improper washing, drying or high temperature treatment causing the mattress to deform or damage.
- When you unwrapped the mattress after one month from the date of delivery or date of received.
- Odour, some mattress may have its natural odour.
- Mattress used out of Malaysia.
- Minor manufacturing discrepancies or cosmetic flaws.
- The mattress zip and mattress cover.
In order to benefit of the Limited Warranty for LADY AMERICANA (Malaysia) mattress, please return your mattress to LADY AMERICANA (Malaysia) with its original packaging and provide LADY AMERICANA (Malaysia) with the proof of the date of purchase.
Please ensure that within 100 days trial period for mattress warranty claim, transportation payment must be completed. Please comply with this requirement within the given time frame or this may result in the closing of your warranty case automatically.
In the event of a defect, it is LADY AMERICANA (Malaysia)’s sole and exclusive liability and your sole remedy under this Limited Mattress Warranty will be, at LADY AMERICANA (Malaysia) option, i.e., to provide a repaired or replacement mattress.
If you wish to replace your mattress with a higher specification mattress (an “Upgrade Mattress”), then let us know by emailing to LADY AMERICANA (Malaysia) at firstname.lastname@example.org at the end of this limited Mattress Warranty. You will be required to pay the difference between the original purchase price of the mattress and that of the Upgrade Mattress, plus the cost of any related additional cost necessary for such Upgrade Mattress.
Limited Warranty Claims:
- If a problem arises which you feel is covered by these Limited Warranties, contact us at email@example.com with your order number, picture of defects and reason of Warranty claim to be filed within the applicable warranty period, to satisfy the Limited Warranty requirements.
- LADY AMERICANA (Malaysia) will process your Warranty claim, evaluate and approve or reject of the claim request (case by case).
Once your Limited Warranty claim is approved during the warranty period, the transportation costs for collection and delivering the replacement warranty product will be borne by the customer (RM250.00 within Klang Valley, RM350.00 in Peninsular Malaysia.
LADY AMERICANA (Malaysia) will arrange with Delivery Team to collect the defective warranty product and arrange a redelivery of the new replacement within a timely manner subjected to the delivery location.
In case the model or material is not available for a replacement, LADY AMERICANA (Malaysia) reserve the right to substitute a comparable model or material, and any price difference shall be borne by the customer. Repaired or replaced warranty product is subject to the same Warranty as the original product, such that its warranty term begins on the delivery or collection date of the original product that was purchased.
LADY AMERICANA (Malaysia) reserve the right to vary and amend any of the above terms and conditions without prior notice and without having to disclose any reasons therefore and without any compensation whatsoever.
Exchange and Refund Policy
- Exchange and Refund is applicable to all LADY AMERICANA (Malaysia) mattresses.
- The online E-Warranty Card must be completed within 30 days of delivery.
Exchange and Refund Policy for Mattress
- Exchange/Refund request will not be entertained in case of improper usage or physical damage to the mattress. You are expected to return the mattress in an acceptable good condition.
- Exchange/Refund request will not be entertained if the mattress was not purchased from LADY AMERICANA (M) SDN. BHD. (CO.50922-K).
- Exchange/Refund request will not be entertained for accidental or intentional physical damage such as not limited to burns, cuts, tears, animal or insect infestation, unsanitary conditions, liquid spillage, stains, dirt or damage is found on the mattress during the inspection process.
- Exchange/Refund request will not be entertained if the mattress is used on an improper surface without proper support.
- Exchange/Refund request will not be entertained if the mattress is found to be exposed to cold or hot temperatures for a period of time that causes the materials to tear or permanently deform.
- Exchange/Refund request will not be entertained if the you want to return the mattress due to incorrect size or model ordered. It is always recommended to cross check the size and model before placing the order.
- Exchange/Refund request will not be entertained for any subsequent mattress you buy from LADY AMERICANA (M). This applies to all new orders from the same customer. Customers may be identified by customer name, delivery address, phone number, email address, or by any other means.
- Exchange/Refund request will not be entertained if we have grounds to believe that you are returning the mattress for reasons other than because you’re genuinely dissatisfied with the mattress. We reserve the right to refuse to accept the return, not give you a refund and reserve the right to refuse to sell our products to you in the future.
- Exchange/Refund request will not be entertained if the mattress is not wrapped up securely using its original plastic (or any other plastic that can serve the same purpose) in order to avoid the mattress from getting dirty or damaged during transportation. Failing this, LADY AMERICANA (M) will charge RM100.00 as a compensation fee (for cleaning and repairs purposes) which will be deducted promptly from the refund amount. In the event that the damage/stains to the mattress are so severe that it is not recoverable, we reserve the right to send the mattress back to you at your cost.
- Exchange/Refund will not be entertained if the collection address is not the same as delivery address and return is only valid in territories where LADY AMERICANA (M) sells and delivers.
- Exchange/Refund will not be entertained if the mattress is misuse or modification of the mattress.
- Custom-made mattress.
We shall charge an administration fee of RM300.00 per item for the delivery cost. A full refund (with the deduction of the administrative fee mentioned above) will be issued once the returned mattress has been received & verified.
Note: Refund processing time may take up to 14 working days.
Force Majeure Event
We will not be liable or take responsible for any failure to perform, delay in performance, or any other obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms. LADY AMERICANA (M) has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of LADY AMERICANA (M) or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Error Reporting and Feedback
You may provide us either directly at firstname.lastname@example.org or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use the Service:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
- Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
- Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
- Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of Service.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
- Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify Company rating.
- Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyse the use of our Service.
No Use by Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of LADY AMERICANA (M) and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of LADY AMERICANA (M).
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by LADY AMERICANA (M).
LADY AMERICANA (M) has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
Disclaimer of Warranty
You agree your use of the services and all information and content (including that of third parties) is at your risk and is provided on an “as is” and “available” basis, we disclaim all warranties of any kind as to the use of the services, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and no infringement.
We make no warranty that the services (i) will meet your requirements, (ii) will be uninterrupted, timely secure, or error-free, (iii) the results that may be obtained from the service will be accurate or reliable, and (iv)any errors in the services or technology will be corrected.
Unless by law, we are not permitted to do so, LADY AMERICANA (M) excludes all liability to you or to any other person for loss or damage of any kind or nature relating in any way to our website.
You agree that from time to time we may remove the service for indefinite period(s) of time or cancel the service at any time, without notice to you.
We reserve the right to correct any errors or omissions on our website. LADY AMERICANA (M) would not be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Malaysia, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
Any dispute or claim relating in any way to your use of LADY AMERICANA (M) services or to any product sold by LADY AMERICANA (M) through its website or different channels will be resolved by arbitration, rather than in court. LADY AMERICANA (M) and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Changes to Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
Amendments to Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
Waiver and Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.