Article 1 (Purpose)

The purpose of the following Terms and Conditions of Use(hereinafter referred to as the ‘Terms and Conditions’) is to establish guidelines on rights, duties and responsibilities of cybermall Users utilizing the internet-related services (hereinafter referred to as the ‘Services’) provided by the Softlens Malaysia cybermall (hereinafter referred to as the ‘Mall’) operated by Softlens Malaysia company (e-commerce company).

Article 2 (Definition)

①‘Mall’ refers to a virtual business site established by Softlens Malaysia company to trade goods or services using computers and information communication facilities to provide goods or services to Users. The term can also be defined as a company operating a cybermall.
②‘User’ refers to a Member and Non-Member who has accessed the ‘Mall’ to use the services provided by the ‘Mall’ in accordance with this ‘Terms and Conditions’.
③‘Member’ refers to a User who uses the services provided by the ‘Mall’ by registering an account.
④‘Non-Member’ refers to a User who uses the services provided by the ‘Mall’ without registration.

Article 3 (Display, Explanation and Amendment of Terms and Conditions of Use)

① The ‘Mall’ shall, for easy recognition by Users, display the contents of this ‘Terms and Conditions’, name of company and representative, business address(including an address handling customer complaints), phone number, and email address on the main page of the ‘Mall’. Only the content of this ‘Terms and Conditions’ can be displayed though a link page.
② The ‘Mall’ may make amendments within the permissible range without violating applicable laws such as the 「Electronic Commerce Act 2006 (ECA 2006)」, 「Regulation of ‘Terms and Conditions’」, 「Consumer Protection Act 1999 (CPA 1999)」, 「Consumer Protection (Electronic Trade Transaction) Regulations 2012 (CP Regulations 2012)」, 「Contracts Act 1950 (CA 1950)」, 「Sale of Goods Act 1957」, 「Computer Crime Act 1997」, 「Digital Signature Act 1997(DSA 1997)」, 「Personal Data Protection Act 2010」, 「Trade Description Act 2011」, 「Companies Act 2016」 and other related Consumer Protection Laws.
③ The ‘Mall’ shall specify the effective date and the reasons for amendment of the terms and have post on the initial screen for 7 days prior to effective date until the day before the effective date.
If the amendment is modified to the User’s disadvantage, then the ‘Mall’ shall grant at least 30 days of grace period for notice. In this case, the ‘Mall’ shall clarify the ‘before and after’ changes in an ‘easy-to-understand’ manner.
④ When the ‘Mall’ makes an amendment to the ‘Terms and Conditions’, the modified ‘Terms and Conditions’ shall be applied only to contracts concluded after the effective date, whereas all contracts concluded before the effective date will remain under the provisions of the old ‘Terms and Conditions’. However, if the User who has already signed the contract wishes to have the amendments administered, then the User may send his/her intent to the ‘Mall’ and acquire consent from the ‘Mall’ within the notice period stated in Clause ③ and it shall be applied accordingly.
⑤ Any information not specified and interpreted in this ‘Terms and Conditions’ shall be in accordance with the e-commerce Transaction Guidelines and Related Consumer Protection Acts provided by the Ministry of Domestic Trade and Consumer Affairs (MDTCA) and other applicable Consumer Protection Laws and Regulation of ‘Terms and Conditions’ Act.

Article 4 (Provision & Replacement of Service)

① The ‘Mall’ shall perform the following duties:
1. Provide information regarding goods or services and conclude purchasing contracts.
2. Deliver goods or services on purchase contract.
3. Other duties designated by the ‘Mall.’
② The ‘Mall’ may replace goods or services provided in future ‘Terms and Conditions’ in the event that goods or services are sold out or technical specifications are revised. In this case, the ‘Mall’ shall immediately announce the replacement of goods or services and the date of application on the page where present goods or services are displayed.
③ In the event that goods or services are replaced because of a change in technical specifications or when goods or services are sold out, the ‘Mall’ shall immediately notify the cause of replacement to the addresses of the Users.
④ Following the previous Clause, the ‘Mall’ shall compensate for all damages caused with same amount paid as store credit. However, this shall not apply if the ‘Mall’ proves that such event is not caused by its intention or negligence.

Article 5 (Suspension of Service)

① The ‘Mall’ may temporarily suspend its services as a result of the following reasons: maintenance of computers and telecommunications equipment, replacement or damage repairs, and interruption of communication.
② The ‘Mall’ shall compensate User or any Third Party Member of damages caused by the temporary suspension of services due to reason(s) detailed in Clause ①. However, this shall not apply if the ‘Mall’ proves that such event is not caused by its intention or negligence.

Article 6 (Application for Purchase)

① The User shall apply for purchase in the following or in a similar manner, and the ‘Mall’ shall provide the User with the following information in an ‘easy-to-understand’ manner to aid in his/her request for purchase.
1. Search and select goods or services
2. Enter name of recipient, address, phone number, email address (or mobile phone number)
3. Confirm matter(s) in respect to the contents of this ‘Terms and Conditions’, limited cancellation policies, delivery fees, and others
4. Express agreement to this ‘Terms and Conditions’ and confirm or refuse the above Item 3 (ex. mouse click)
5. Apply and confirm purchase of goods; Agree to allow confirmation of application from the ‘Mall’
6. Select payment method

Article 7 (Payment Method)

The method of payment for goods or services purchased through the ‘Mall’ may be selected from the following items. The ‘Mall’ may not collect any additional fees regarding payment for goods or services.
1. Account transfer through phone banking, internet banking, mail banking and others.
2. Card payment through debit card, credit card, and others.
3. Online bank transfer
4. Electronic money
5. Payment upon receipt
6. Mileage points or points offered by the ‘Mall’
7. Gift voucher contracted or approved by the ‘Mall’
8. Other means of electronic payment

Article 8 (Notice of Receipt, Change and Cancellation of Application for Purchase)

① The ‘Mall’ shall send a notice of receipt to the User after receiving the User’s application for purchase.
② In the case of a discord between the User’s intent and the received notice, the User may change or cancel the application for purchase immediately after receipt. If the request for change or cancellation is made prior to delivery, the ‘Mall’ shall process the request accordingly without any delay. In the event that payment has already been made, User shall follow the guidelines detailed in Article 11 - Cancellation of Purchase.

Article 9 (Provision of goods or services)

① Unless otherwise specified, the ‘Mall’ shall take necessary measures such as packaging and deliver goods or services within 5 days from the date of purchase. However, if the ‘Mall’ has already received payment, then delivery shall be processed within 1-2 business days from the date of receipt. In such instances, the ‘Mall’ shall take necessary measures to inform the User on procedures of provision and delivery status of goods or services.
② The ‘Mall’ shall specify delivery method for each delivery method for the goods or services purchased by the User.

Article 10 (Refund)

In the event that the goods or services are sold-out or unavailable and cannot be provided or delivered to a User who applied for purchase, the ‘Mall’ shall notify the User without any delay, and if payment for goods or services has already been made in advance, the ‘Mall’ shall take necessary measures or refund with store credit within 2 business days from the date of receipt.

Article 11 (Cancellation of Purchase)

① The User who purchased goods or services by concluding the contract with the ‘Mall’ in accordance to Clause ② of Article 8, may cancel purchase within 2 days from the date on which the User received the e-receipt. But, cancellation of purchase is not allowed once the purchased goods or services already been processed for delivery.
② The User may not return or exchange goods or services in the event of one of the following reasons:
1. Delivered Goods lost or damaged at the fault of the User
2. Significant decrease in value of goods or services due to partial use or consumption by the User
3. Not available for resale due to a significant decrease in value of goods or services from lapse of time
4. The Goods may be replaced by Goods showing the same performance, but packaging of the original is damaged
③ In the case of Delivered Goods are damaged upon receiving, User are required to keep the damaged Goods and take picture of damaged Goods and Lot Number(displayed on box lens only) as proof.
④ User only allowed to exchange damaged Goods within 3 days of receiving the Delivered Goods, hence User are strongly advice to open the parcel of Delivered Goods immediately upon receiving the Delivered Goods.

Article 12 (Effect of Cancellation of Purchase)

① In the event of a return of Goods from a User(once verified by the 'Mall'), the ‘Mall’ shall refund payment of Goods within 3 business days. 
② In regards to the above-mentioned case, if the User made payment of Goods with credit card or electronic money, the ‘Mall’ shall immediately request the business who provided such payment method to suspend or cancel payment.
③ In the event of any cancellation of purchase, the User shall bear the costs arising from returning the Goods. On the account of the User’s cancellation of purchase, the ‘Mall’ shall not claim charge for cancellation or compensation for damage. However, in the event of a cancellation of purchase caused by a discord in the contents of Goods and the advertisement or the provision of contract, the ‘Mall’ shall bear the costs of returning the Goods.

Article 13 (Protection of Personal Information)

① The ‘Mall’ collects a minimum amount of information necessary to provide the services.
② At the time of registering an account, the ‘Mall’ shall not collect information needed for the performance of purchase contract in advance. But, in the case where personal identification is required before the performance of a purchase contract, a minimum amount of specified personal information is collected for the fulfillment of obligation in regards to relevant laws and legislation.
③ The ‘Mall’ shall obtain consent from User to collect∙use personal information by notifying User with the aim/purpose of collection∙use.
④ The ‘Mall’ shall not use the personal information outside their intended purpose. In the event of an uprising of a new use or when disclosing to third parties, the ‘Mall’ shall notify the purpose of use and obtain consent from User during the stage of use disclosure. But, there are exceptions for cases regulated in the relevant laws and legislations.
⑤ In the event that the ‘Mall’ is required to acquire the approval of User by Clause ② and ③, the ‘Mall’ shall specify its personal information manager (affiliation, name, phone number, other contact information), purpose of collection and use of information, information about Third Party (recipient, purpose of provision and the information to be provided), and the provisions stipulated in Clause ②. The User may at any time cancel his/her approval.
⑥ User may, at any time, request for confirmation and correction of error in their personal information possessed by the ‘Mall,’ and the ‘Mall’ shall be responsible for taking any necessary measures within 24 hours. In the event that a User requests for the correction of an error, the ‘Mall’ shall not use the applicable personal information until error is corrected.
⑦ For protection of personal information, the ‘Mall’ shall limit the number of persons handling personal information to a minimum, and shall be responsible for any damages caused by loss, theft, leakage, falsification, and disclosure of personal information including credit card and bank account information to third parties without consent of the User.
⑧ The ‘Mall’ or any Third Parties who received personal information from the ‘Mall,’ shall without any delay destroy all personal information once the purpose of collection has been achieved.
⑨ The ‘Mall’ shall not have the agreement form regarding the collection∙use∙disclosure of personal information set to be filled out in advance. The ‘Mall’ must specify services that will be restricted if User does not agree to the collection∙use∙disclosure of personal information.

Article 14 (Obligations of the ‘Mall’)

① The ‘Mall’ shall not take any actions against public policy or actions restricted by the law and this ‘Terms and Conditions’. The ‘Mall’ shall put its best efforts in providing goods or services on a stable basis in accordance with the provisions in this ‘Terms and Conditions’.
② The ‘Mall’ shall be equipped with a security system to protect personal information of Users (including credit information) and provide a safe environment for Users to use the online services.

Article 15 (Obligations for ID & Password of Member)

① Member shall be responsible for the management of his/her ID and password, except for the case in Article 13.
② Member shall not allow any Third Party to use his/her ID and password.
③ When a Member recognizes that his/her ID and/or password is stolen or is being used by a Third Party, the Member shall immediately notify the ‘Mall’, and follow the instructions of the ‘Mall.’

Article 16 (Obligations of User)

Users shall avoid the following actions:
1. Register false information at the time application or revision of information
2. Use others’ personal information
3. Change information displayed on the ‘Mall’
4. Remit or display information (computer program and others) other than the information put on by the ‘Mall’
5. Infringe copyright or intellectual property rights of the ‘Mall’ or the Third Party
6. Take any action that harms the reputation and interrupts the operation of the ‘Mall’ or a Third Party
7. Disclose or display any information containing indecent or violent message, video, voice, and other information going against good public order and morals.

Article 17 (Relationship between Linking Mall & Linked Mall)

① In the event that the main mall and the sub-mall are linked with a hyperlink (ex. the subject of hyperlink includes text, image and video), the former is called as the Linking Mall (Website) and the latter is called as the Linked Mall (Website).
② If the Linking Mall specifies and notifies the fact that it is not responsible for any transaction with the User for any goods or services independently provided by the Linked Mall on the initial page of the website of the Linking Mall or a pop-up window, then the Linking Mall is not responsible for such transaction.

Article 18 (Copyright & Limitation of Use)

① The copyright and other intellectual property rights for the works produced by the ‘Mall’ shall belong to the ‘Mall.’
② The User may not use or cause any Third Party to use information with intellectual property rights belonging to the ‘Mall’ for reproduction, transmission, publishing, distribution, broadcasting or other profit-making use without prior consent of the ‘Mall.’
③ The ‘Mall’ shall notify the User when using the copyright belonging to the applicable User in accordance with mutual ‘Terms and Conditions’.

Article 19 (Jurisdiction & Governing Law)

① All e-commerce related lawsuits between the ‘Mall’ and a User shall be in accordance with the address of the User at the time of indictment. If an address is nonexistent, then the lawsuit shall fall under exclusive jurisdiction of the district court in the vicinity of User’s place of residence. In the event that the address or residence of the User is not clear at the time of indictment or if User is a foreign resident, the lawsuit shall be filed to the competent court on the Civil Procedures Code.
② Any and all e-commerce-related lawsuits between the ‘Mall’ and a User shall be governed by the law of theMalaysia.