Terms of Use

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1. INTRODUCTION

Whimsy Synth Sdn. Bhd. (Company Registration No.: 202301046821 (1540735H)), who is the owner and operator of the e-commerce platform known as “Sugar Teddi” (“Platform”) (the owner and operator shall be referred to as “Sugar Teddi”) allows its Users (as hereinafter defined) to purchase the Offerings (as hereinafter defined) through the Platform in accordance with the following terms of use (“Terms”), the delivery, return and replacement policy (“Delivery, Return and Replacement Policy”), privacy policy (“Privacy Policy”) and any other terms and conditions published on the Platform.

Please read the following Terms carefully. By accessing the Platform and registering an Account (as hereinafter defined), the User acknowledges that the User has read, understood and agreed to be bound by the Terms as may be amended by Sugar Teddi from time to time. The Delivery, Return, and Replacement Policy and the Privacy Policy will supplement and form an integral part of the Terms. By accessing the Platform and/or using any services, information and functions made available by Sugar Teddi on the Platform (“Services”), the User is deemed to have accepted the Terms. If the User does not agree to these Terms, please do not access and/or use the Platform and/or the Services. Upon acceptance, the Terms shall constitute a legal and binding agreement between the User and Sugar Teddi.

The User acknowledges and agrees that Sugar Teddi may, at its sole discretion, without liability and without prior notice, update, supplement and/or amend these Terms, and that any such update, supplement or amendment shall form part of these Terms. Sugar Teddi may notify such changes by updating the Terms and modifying the last revised date displayed on the Platform. The User’s continued use of the Platform and/or the Services following any such revision shall constitute the User’s agreement to be continuously bound by the amended Terms.

In addition to these Terms, any rewards, gifts/giveaways, privileges, benefits, vouchers, activities, events, products and/or Services made available through the Platform may be subject to additional terms and conditions or guidelines which may be communicated by Sugar Teddi from time to time. These additional terms and conditions or guidelines in respect of such rewards, gifts/giveaways, privileges, benefits, vouchers, activities, events, products and/or Services will supplement and form an integral part of these Terms unless stipulated otherwise.

2. DEFINITIONS

The following terms shall have the following respective meanings:

“Account” 
means a Sugar Teddi’s account created by a User on the Platform as part of the registration;

“Applicable Laws”
means with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies (including without limitation, any relevant stock exchange or securities council) or any court, arbitrator or tribunal with competent jurisdiction and to which such person is subject, which may be revised, amended and/or updated from time to time;

“Contents”
means the information, photos, audio, video and all other forms of data or materials made available in connection with the products or services, promotions and advertisements, hyperlinks or pop-ups, interactive features, designs and graphics displayed in the visual interfaces, and activities associated with a User’s Account;

“Force Majeure”
means an event arising out of or caused by, directly or indirectly, beyond a party’s reasonable control, including, without limitation, strikes, lock-outs, movement control order, work stoppages, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster or the acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents and/or any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication services;

“Network Operator”
means the mobile network service operator providing internet or Wi-Fi connectivity and data usage;

“Offerings”
means the goods and/or services and/or promotions provided, supplied and offered by Sugar Teddi and “Offering” shall be construed accordingly;

“Sugar Teddi Notices”
shall have the meaning as prescribed under Clause 13.1.;

“Transaction”
means the transaction effected between the User and Sugar Teddi in consideration of Offerings purchased by User and “Transactions” shall be construed accordingly;

“User”
means the individual who downloads, accesses or uses the Platform and “Users” shall be construed accordingly; and

“We”, “Our”, and “Sugar Teddi” means the Platform known as “Sugar Teddi” which is owned and operated by Whimsy Synth Sdn. Bhd. (Company Registration No.: 202301046821 (1540735H)).

3. DEVICES AND NETWORK

To use the Platform, the User will need a device that meets the system and compatibility requirements for the relevant Contents (which may be changed by Sugar Teddi in its sole discretion from time to time), internet access and compatible software platform. The User’s ability to use the Platform and the performance of the Platform may be affected by these factors. The Platform may not be available on all devices and We do not guarantee that all or any features or functionalities of the Platform will work on any particular device.

There may be updates to the Platform and the User are responsible for installing updates as prompted by the User’s device or application store. The User may not be able to access or use the Platform unless the User installs these aforementioned updates.

To use the Platform, the User need to have access to internet connectivity and appropriate telecommunication links. The User acknowledges that the terms of agreement with the User’s Network Operator will continue to apply when using the Platform. As a result, The User may be charged by the User's Network Operator for access to network connection services for the duration of connection while accessing the Platform or charged by any such third-party for any fees that may arise. The User accepts responsibility for any such charges and fees that arise.

Sugar Teddi cannot guarantee continuous or secured access to the Services and operation of the Platform that may be interfered with by numerous factors which are out of Sugar Teddi’s control. Accordingly, to the extent legally permitted, Sugar Teddi makes no representations or warranties of any kind with respect to the systems operated by Sugar Teddi or any software and hardware provided, or any part thereof, express or implied, and shall not be liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages which may be suffered or incurred by Sugar Teddi or the User or any third party in connection with the use of the Platform.

4. ACCOUNT AND SECURITY

The Platform is provided to the User free of charge and is intended only for the User’s personal use and is not to be shared with any other persons.

To purchase the Offering and/or use the Services, the User may be required to create an Account on the Platform in order to gain access to the use of any services and functionality on the Platform that Sugar Teddi may establish and maintain at all material times and in its sole discretion.

The User’s permission to use the Platform and/or the Services is conditional upon the User’s warrant that all information that may be requested to provide to Sugar Teddi as part of the User’s Account profile is true, complete, accurate and will be updated in a timely manner in the event of any changes. Any personal data which the User has provided to Sugar Teddi during the registration of the Account or any time while using the Platform is governed by Our Privacy Policy.

By creating the Account, the User agrees to receive newsletter and communication as may be sent by Sugar Teddi. The User hereby acknowledges and consents that Sugar Teddi may access, preserve and disclose the User’s Account information and Contents to any legal regulatory, government authority, the relevant rights owner or third parties if required to do so by the Applicable Laws pursuant to an order of court or lawful request by any governmental or regulatory authority having jurisdiction over Sugar Teddi in accordance with the terms of the Privacy Policy.

The User is solely responsible for the activity that occurs on the User’s Account even if such activities or uses were not committed by the User, and the User must keep its Account password secure. If a legal dispute or law enforcement action is commenced related to the User’s Account for any reason, Sugar Teddi may terminate the User’s Account immediately with or without notice. Sugar Teddi shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the User’s failure to comply with this section.

The User must notify Sugar Teddi immediately of any breach of security or unauthorized use of its Account. Sugar Teddi shall not be liable for any losses caused by any unauthorized use of the User’s Account.

The User warrants that the User’s use of the Platform will not violate any Applicable Laws, and that the User will not engage in any activity that may cause interference, disruption, harm or cessation of transmission through the Platform. The User agrees to be responsible for all matters arising from the User’s Account, the User’s use of the Platform and the acts of such other persons to whom the User has shared access to the User’s Account. If the User notices that an error has occurred in the operation of verification pin or password, suspect that the User’s Account is no longer secure or that unauthorised activity has been carried out using the User’s Account, please notify Sugar Teddi at Our company email or other way of contact as may be determined by Sugar Teddi from time to time.

The User acknowledges and agrees that Sugar Teddi reserves the right to disable access to, suspend and/or terminate the User’s Account with or without providing reason and prior notice. The User may then be prevented from accessing the Platform or the Services or Contents contained in the Platform. In the event that the User’s Account and/or Services has been suspended, the User may request for reactivation and Sugar Teddi shall have absolute discretion on deciding whether to reactivate the User's Account.

5. INTELLECTUAL PROPERTY

All Contents are protected by intellectual property laws. All rights, title and interest in the Contents are owned by, licensed to or controlled by Sugar Teddi or its service providers or partners.

Sugar Teddi grants the User a limited, non-exclusive, non-transferable, revocable licence to use the Platform for the User's personal, non-commercial use for lawful purposes.

Save as otherwise provided, the Contents shall not be reproduced, distributed, disseminated, retransmitted, published, modified or created as derivative work, commercially exploited or sold without the prior consent in writing of Sugar Teddi. In the event where Sugar Teddi allows sharing of Contents for promotional or any other purposes, the User shall not remove or attempt to remove any of Sugar Teddi’s name, trademark or logo or anything not permitted by Sugar Teddi from the Contents.

We reserve the right at any time and without prior notice, to remove or disable access of Users to any Contents displayed in the Platform.

6. EXCLUSION OF LIABILITY

Whilst Sugar Teddi endeavours to ensure that all details, descriptions and prices which appear on the Platform are accurate, errors (including processing errors) may occur. Sugar Teddi does not warrant that all Contents are accurate, complete, reliable, current, or error-free. Sugar Teddi also reserves the right to alter the Contents on the Platform.

The information pertaining to the Offering may also contain typographical errors or other errors or inaccuracies and may not be complete or current. Sugar Teddi therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Sugar Teddi also reserves the right to refuse filling any orders that the User may place based on information on the Offering that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, taxes, shipping or payment terms.

7. PURCHASE AND PAYMENT

The User should carefully read the details of the Offering such as price, charges and such other terms and conditions for the Offering before purchasing the Offering.

Sugar Teddi will notify the User by any way of Sugar Teddi Notices if, for any reason, Sugar Teddi is unable to process the User’s request to purchase. The circumstances where Sugar Teddi may not be able to process and accept the User’s purchase request including without limitation:

where Sugar Teddi identifies description error on the Offering;
where the Offering that the User attempts to order is no longer available in stock;
where the payment fails due to any reason;
such circumstances not within the control of Sugar Teddi;
such circumstances as prescribed by Sugar Teddi; and/or
where the User has not complied with these Terms.

8. RATINGS AND REVIEWS

Sugar Teddi may provide such function for the User to submit Review (as hereinafter defined) and the User may submit content to the Platform, including but not limited to any questions, ratings, reviews, communications, comments, texts, photographs, videos, sound, music, graphics, suggestions, ideas, code or any other data or materials pertaining to the Offering (collectively, “Review”).

By posting or otherwise making available any Review to Sugar Teddi, the User represents and warrants the following:

that the User shall not use a false e-mail address, pretend to be someone other than the User or otherwise mislead Sugar Teddi or any third party as to the origin of any Review;
that the Review constitutes personal and true opinion based on the User’s first-hand experience on the Offering;
that the Review is true, accurate, current and complete; and
that the Review does not breach any of these Terms.

The User further agrees and warrants that the User shall not submit any Review:

that is known by the User to be false, inaccurate or misleading;
that breaches any law, statute, regulation or ordinance;
that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or harassing or discriminatory to Sugar Teddi;
that is of offensive, profane, vulgar, obscene or inappropriate language;
that impersonates, or misrepresents the User’s connection with, any entity or person; and
that contains any viruses, worms or other potentially damaging programs or files.

The User agrees that the User shall be solely responsible for any Review that the User makes. The User shall be solely liable for any damages resulting from any breach by the User or from any harm resulting from the User’s submission of Review. Sugar Teddi does not represent or warrant that any Review submitted by the User is accurate, and/or that it is free from mistakes, omissions, falsehoods, defamation, obscenity, pornography or profanity.

The User agrees to indemnify Sugar Teddi (and its officers, directors, employees, affiliates, agents, subsidiaries, joint ventures and any third-party service provider) and keep Sugar Teddi indemnified from any and all losses, damages (actual and consequential), liabilities (whether criminal or civil), claims, disputes, demands, causes of actions, costs and expenses (including reasonable legal fees and expenses), fines, or penalties of every kind and nature, known and unknown, arising out of, in connection with, or related any breach of the User’s representations and warranties as set out above.

The User understands that the Platform is public and that if the User submits any Review, Sugar Teddi may use, modify, edit, delete, translate or republish such Review and that the User agrees that any submission is non-confidential and non-proprietary and may be used in any manner or medium whatsoever by Sugar Teddi. For the avoidance of doubt, Sugar Teddi shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to the User’s submissions and the User’s interactions via the Platform:

to monitor or review the User’s submission of Review;
to remove or refuse to post any Review within the Platform that Sugar Teddi considers, in its sole discretion, violating the submission guidelines as may be prescribed by Sugar Teddi;
to suspend or terminate the User’s access to the submission of Review on the Platform as Sugar Teddi deems appropriate in the circumstances; and
to suspend the User’s Account that violate the submission guidelines noted in this Clause 8.

Sugar Teddi reserves its right, and at its sole discretion, to remove any Review pertaining to the Offering which in Sugar Teddi’s opinion contains omissions, falsehoods, defamation, obscenity, pornography or profanity or any breach of law.

9. PROMOTIONAL EVENTS

Sugar Teddi may, at its sole discretion, from time to time offer various promotions in any form as it deems appropriate to the User to create, encourage and sustain User’s interest in the Offering (“Promotion”).

Sugar Teddi reserves the rights to introduce the Promotion (individually or collectively) at intervals of its choice. Sugar Teddi may also provide separate terms and conditions governing each one of its Promotion. While choosing to participate in the Promotion, the User is, apart from these Terms, requested to peruse and understand the separate terms which governs each individual Promotion. Under certain circumstances, Sugar Teddi may, at its sole discretion, at any time and without prior notice to the User, withdraw, modify, suspend, cancel or delete all or part of the Promotion or the terms and conditions governing such Promotion.

10. COMPLAINT

Sugar Teddi places great value on our User’s satisfaction and takes complaints seriously. Sugar Teddi aims to respond to the User’s complaints as soon as possible, subject to factors such as but not limited to user traffic and Force Majeure. All complaints should be addressed to Sugar Teddi at Our email <sugarteddi@outlook.com>. Sugar Teddi reserves the right to request for further information and documents in relation to any complaint made.

11. LIABILITY & INDEMNITY

The Platform is provided on an as-is basis and to the extent permitted by Applicable Laws. Sugar Teddi gives no representations and warranties, whether express or implied, of any kind including any implied terms of satisfactory quality or fitness for a particular purpose. Further, Sugar Teddi does not warrant that the features and functions of the user interface will be uninterrupted or that the Platform is free from any error, defect, virus or other elements. Sugar Teddi will not be held liable or indemnify Users for any disruption, interference, outage or non-transmission, loss of content, damage to the User's devices caused by any bugs, virus or the like which may be transmitted through the actions of any party. The User agrees that Sugar Teddi shall not be liable for any loss or damage incurred by the User which is caused by or in connection with the use of the Platform.

The User agrees to defend, indemnify (and keep indemnified) and hold Sugar Teddi and its affiliates (if any) and its agents, directors, officers, employees, successors and/or assignees harmless from and against any claims, liabilities, damages, costs, judgments, losses or expenses (including reasonable legal fees on a full indemnity basis), arising out of or in connection with:

the User's violation or breach of any terms, conditions, representations and warranties of these Terms; and/or
Sugar Teddi’s enforcement or attempt to enforce the obligations of the User, other than where any such claim, liabilities, damages, costs, judgments losses or expenses arises solely as a result of Sugar Teddi’s negligence.

12. GENERAL

Illegality and Severability

If any clause in these Terms is found by a competent court to be invalid, illegal, void, voidable or unenforceable for any reason, the User agrees that the remaining part of that clause and all other clauses of these Terms shall remain valid and enforceable to the fullest extent permitted by law.

Assignment or transfer

The User shall not assign or transfer any of the User's rights, benefits and obligations under these Terms. Sugar Teddi may without prior notice to Users, assign and/or transfer all its rights, benefits and obligations under these Terms. In the event of such assignment or transfer, the assignee/transferee undertakes to be bound by and perform the rights and obligations of the assignor/transferor under these Terms.

Remedies and Waiver

Any failure or delay by Sugar Teddi to enforce or exercise any of the Terms, rights and remedies at law or in equity shall not preclude any other or further exercise of Sugar Teddi’s rights and remedies.

Governing Law

These Terms shall be governed by and construed in accordance with the laws in force in Malaysia. Unless and otherwise required by Applicable Laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms against or relating to Sugar Teddi shall be referred and submitted to the jurisdiction of the court in Malaysia.

13. NOTICES

The User hereby consents all notices and other communications which are required to be given by Sugar Teddi (“Sugar Teddi Notices”) under these Terms can be done in any one of the following manners:

by ordinary post to the User’s last known address in Our records and such notification shall be deemed received two (2) days after posting;
by electronic mail to the User’s last known email address in Our records and such notification shall be deemed received at the time of sending;
by being displayed on the Platform and such notification shall be deemed effective upon such display;
by notification in whichever form as Sugar Teddi deems fit to the User’s account on the Platform; or
by notification to the User in any other manner as Sugar Teddi deems fit.

Any notice to be given to Sugar Teddi (“Notices”) shall be in writing and shall be delivered by electronic transmission to the following email address:
Email: sugarteddi@outlook.com

Published Date: 2 September 2024

Last Revised Date: 2 September 2024