The General Online Terms and Conditions ("General Terms") of www.fukaza.com ("Website") shall apply exclusively to the agreements concluded by us in the version which was valid at the time of the conclusion of a transactions between us and the Customer. We shall (i) reserve the express right to make the necessary modifications to the General Terms; and (ii) oppose any regulations in opposition hereto.
TThe web site is owned and operated by Fukaza ("www.fukaza.com" or "us").
Unless otherwise noted, all content posted on the web site is:
Copyright ©2019 www.fukaza.com
The web site in its entirety, including all content and design featured, including images, pictures, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks and/or other intellectual property, are owned, controlled, or licensed by www.fukaza.com and its affiliates.
The contents of the Website and the Website as a whole are intended solely for your personal and non-commercial use. It is prohibited to use the Website and/or any content posted therein for any purpose other than personal and non-commercial use without the written permission of www.fukaza.com. You are not allowed to reproduce, publicly display, modify, edit, adapt, distribute, sell, transmit or otherwise use any of the materials or content posted therein for any commercial purpose without the authorization from www.fukaza.com. www.fukaza.com grants a limited, non-exclusive, restricted, non-transferable, non-sublicense-able, revocable license allowing you to electronically copy content displayed on the Website for your personal and non-commercial use. All rights are reserved to www.fukaza.com.
Notice:
In practice of good faith, while using or visiting the Website, you agree that you (i) will not
access or use the Website in any manner that could damage, disable, impair or cause undue
burden on the Website, including its host, servers, network, systems or other users; (ii) will not
attempt to interfere physically, electronically or in any way with the operation of the Website; (iii)
will not transmit any computer virus, worm, spider, Trojan horse, robot or any other automated
mechanism to access the Website and/or its servers or systems; (iv) will not engage in flooding,
spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to us or any party
associated with; (v) will not attempt to access data that is not intended for your use; (vi) will not
attempt to log on to a server, network or account belonging to www.fukaza.com that you are not
authorized to access; (vii) will not probe, scan or test the vulnerability of any system or network
related in any way to the Website under any circumstances without authorization; (viii) will not
harass in any manner or form on the Website; (ix) will not impersonate any member of
www.fukaza.com, employees of www.fukaza.com, host or representative of www.fukaza.com for
any purpose; (x) will not perform any actions which is obscene, defamatory, threatening,
invasive of privacy or actions may otherwise give rise to liability or violate any law; and (xi) will
not use the Website to solicit others to join or become members of any other commercial online
service or organization.
The presentation of products in the WEBSITE does not represent a legally binding offer to any party, but a nonbinding online catalogue. We shall exercise fair judgment to determine whether an order will be accepted. In the event, the order cannot be fulfilled by www.fukaza.com, the onus falls on us to notify the respective Customer immediately by email provided by the Customer.
To provide a better service and increased value to our Customers, we at www.fukaza.com may have third-party websites to link to from its own Website. www.fukaza.com expressly declares we do not have any influence on these design and contents and has no control over these linked sites, all of which have separate privacy, security, and data collection practices, independent of www.fukaza.com. We shall not be held any responsibility for these contents, independent policies or actions. These linked sites are only for your convenience and therefore you access them at your own risk.
You further agree that, www.fukaza.com takes no responsibility for third party advertisements posted on this Website, nor does it take any responsibility for the goods or services provided by these advertisers.
www.fukaza.com is not responsible for the conduct, whether online or offline, of any user of the Website. www.fukaza.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. www.fukaza.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or electronic players due to technical problems or traffic congestion on the Internet or on any of the website or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with those website.
www.fukaza.com hereby expressly disassociates from all contents of orders linked to third-party websites and does not make these its own, and advise visitors to beware of the risk of visiting them.
All images, photographs and videos are copyrighted ("Copyrighted Medias"). The use of these Copyrighted Medias without express permission by us is prohibited. We reserve to assert all claims in accordance with the relevant copyright Act.
We endeavor to provide the most accurate and reliable information at all times, despite the cautionary effort, information may contain unintended typographical errors or inaccuracies. www.fukaza.com reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We sincerely apologize for any inconvenience caused.
In data protection concerns during data processing, protective measures will be taken into account in accordance with the legal regulations. All information collected will be treated confidentially, including Personal Information, order information and transactions information handling. In principle, all personal data will be treated confidentially. These data requirements for handling transactions will be stored.
Notice:
Certain information may be collected and processed for our own marketing purposes. The onus
is on the Customer to notify us, in the event, they wish to oppose and/or revoke the use of,
processing and/or transmission of his/her data for marketing purposes. Upon receipt of such
request, we will take the necessary effort and will no longer use and process the data in
question for marketing purposes. These may include the discontinuation of the sending of
advertising material and/or no longer disseminate the data for marketing purposes if requested.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to www.fukaza.com or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain the property of www.fukaza.com. By submitting such Comments by you, you agree that, (i) no Comments submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s); and (ii) no Comments submitted by you to the Website will be or contain obscene material, abusive or defamatory. You are and shall remain solely responsible for the content of any Comments you make.
Notice:
www.fukaza.com may deliver notice to our Customer by means of electronic mail registered with
us.
We strictly against any action which includes posting, modifying, distributing, transmitting, reproducing, publicly display or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. www.fukaza.com have the rights to terminate the privileges of any user of the Website or member who infringes the copyright rights of others upon receipt of prompt notification by the copyright owner or the copyright owner’s legal agent.
As a visitor to and a user of the Website, you agree that your access will be subject to the General Terms set forth and that access is undertaken at your own risk. www.fukaza.com shall not be liable for damages of any kind related to your use of or inability to access the Website. In no event shall www.fukaza.com be liable to you or any third party for any incidental, special, punitive, consequential or indirect damages or monetary losses from your use of the services, even if www.fukaza.com has been advised or the possibility of such damages. Notwithstanding anything to the contrary contained herein, www.fukaza.com’s liability to you for any cause whatsoever, will at all times be limited to the amount paid, if any, by you to www.fukaza.com for products purchased.
www.fukaza.com will not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on any of the website or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website. Under no circumstances shall www.fukaza.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any content posted on or through the Website, or from the conduct of any users of the Website, whether online or offline.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
By continuing the use of this Website, you agree to indemnify, defend, and hold harmless of www.fukaza.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal and attorney's fees, resulting from any violation of these General Terms or any activity related to your account (including negligent or wrongful conduct) by you or any third-party accessing the Website using your Internet account.
The use of the Website is also governed by our Privacy and Security Policy, located on the website and incorporated into the General Terms.
By accessing and using the Website, you agree that your access to and use of the Website is subject to these General Terms, as well as all applicable governing laws in Malaysia.
The use of the Website by you constitutes your acceptance of the General Terms and your continued use confirms that acceptance.
The General Terms shall constitute the entire agreement between you and www.fukaza.com regarding the use of the Website.
In the event www.fukaza.com failed to exercise or enforce any right or provision of the General Terms, it shall not be view as a waiver of such right or provision.
The section titles in the General Terms are for convenience only and have no legal or contractual effect. The General Terms shall operate to the fullest extent permissible by law.
In the event that any of the provision in the General Terms is unlawful, void or unenforceable, that provision is deemed severable from the General Terms and does not affect the validity and enforceability of any remaining provisions in the General Terms. Under such circumstances, the invalid provision shall be reinterpreted or, if necessary, modified to come as close as possible to its intended purpose.
Any deviations of these provisions shall take effect only subject to our express written confirmation.
If there is any dispute about or involving www.fukaza.com, you agree that the relevant laws of Malaysia shall govern the dispute, without regard to conflict of law or choice of law provisions and you agree to the exclusive personal jurisdiction and venue in the state and federal courts of Malaysia.
The General Terms are applicable to you upon accessing the Website. www.fukaza.com reserve the rights to terminate these General Terms, or any of them, without notice at any time for any reason. Provisions relating to Copyrighted Medias, Limitation of Liability/ Disclaimer, Indemnification and Miscellaneous Terms, shall survive any termination.