Terms & Conditions

ACCEPTANCE OF TERMS

Welcome to Nikmat Mall. As a user of the Nikmat Mall Site or any Nikmat Mall Services (“you”), you signify your agreement to be bound by the following Terms of Service (“TOS”) as well as our Privacy Policy. Please read the Terms & Conditions and Privacy Policy carefully before utilizing the Nikmat Mall Site. In the case that you do not agree to these terms, please refrain from using this Site.

The Gist
Nikmat Mall operates an online service on the Internet located at www.nikmatmall.com and other online areas owned and operated by us such as Facebook and mobile phone applications (“Nikmat Mall” or the “Site”), offering beauty and cosmetic products.

Conditional Use Of Our Site And Services
Your permission to use Nikmat Mall is conditioned upon your agreement that you:

• will comply with these Terms of Service;
  are 13 years of age or older, but are 18 years of age or older to purchase any product;
• will not copy or distribute any part of Nikmat Mall in any medium without Nikmat Mall’s prior written authorization;
• will provide accurate information when creating an account or registering for our Services
  are solely responsible for your User ID and the activity that occurs while signed in to or while using Nikmat Mall using your User ID;
• will not use Nikmat Mall to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
• will not use the communication systems provided by or contacts made on Nikmat Mall for any commercial solicitation purposes;
• are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
• represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Nikmat Mall to use any and all Content submitted by you to Nikmat Mall in accordance with the licenses granted in this Agreement;
• hereby grant each Nikmat Mall user, whether using Nikmat Mall or an application authorized by Nikmat Mall but developed via a third-party developer, a non-exclusive license to access the Content you submit through Nikmat Mall and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Nikmat Mall’s functionality and under these Terms of Service;
• will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Nikmat Mall;
• and hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Account Maintenance
You are required to create an account with Nikmat Mall (either by way of registering directly on our Site or by allowing a Nikmat Mall application to connect through your Facebook profile) in order to access certain Services on our Site. By using this site, you represent that you will be responsible for maintaining your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. Nikmat Mall will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms of Use. To purchase any Products or use the services on this Site, you must open an account with us and/or provide the required information to us. By entering any information on this Site, you represent and warrant that:

(i) you are at least 18 years of age;

(ii) you are using your actual identity;

(iii) you have provided only true, accurate, current and complete information; and

(iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.

Non-Confidentiality And Security
Any communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. In addition, you agree that such information may be freely used by Nikmat Mall. Other information such as your credit card details in relation to the purchase of a product will be dealt with using appropriate security and privacy protection.

Privacy
Please review our Privacy Policy to understand our uses and practices about how we use and collect information from users of our Sites.

Rules Regarding Information And Other Content
Information and materials that you submit to the Site constitute Nikmat Mall’s “Content”. You are fully responsible for the content of, and any harm resulting from, that Content. This is the case regardless of the form of said Content. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• and the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• the Content is not false, defamatory, discriminatory, libellous or unlawful

Without limiting any of those representations or warranties, Nikmat Mall has the right (though not the obligation) to (i) refuse or remove any content that, in Nikmat Mall’s reasonable opinion, violates any Nikmat Mall policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, using Nikmat Mall’s sole discretion. Nikmat Mall will have no obligation to provide a refund of any amounts previously paid.

General Rules Of User Conduct
We welcome and encourage user interaction on our Site. However, we insist that you agree not to do any of the following:

• impersonate another user;
• violate in any way the rights of others;
• upload or distribute anything that may be harmful to minors;
• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• use the Site or Services to generate unsolicited email advertisements or spam;
• attempt to reverse engineer or jeopardise the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables the Site;
• attempt to gain access to secured portions of the Site or Services to which you do not possess access rights; or use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services.

Other Sites
The Site includes links to other websites or resources and businesses operated by Affiliates and Providers or other persons (collectively, “Other Sites”). Other Sites are independent from Nikmat Mall, may have different or inconsistent privacy notices or terms of use, and Nikmat Mall has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. By using Nikmat Mall you expressly relieve us from any and all liability arising from your use of any third party website.

Products
Nikmat Mall provides consumers with the opportunity to purchase products and services (“Products”) from third party suppliers (“Suppliers”).

1. How It Works
By placing an order for a given Product, you make an offer to purchase the Product you have selected. Once you have placed your order, you will receive a confirmation of the purchase and your credit/ debit card will be charged for the amount listed on the Site. You are required to create an account in order to purchase any Product. An account is required so we can collect information to enable product purchases and enable you to view your past purchases as well as modify your preferences.

2. Universal Terms & Conditions
Unless otherwise stated in the Product description or required by law, the following additional terms apply to all Products:

Neither Nikmat Mall nor the Supplier is responsible for lost or stolen Products
Unless stated otherwise at the time a Product is purchased, all prices listed on the Site are all-inclusive of any service charges
Terms and Conditions are subject to change without prior notice
Pictures are for illustration purposes only

3. Supplier Responsibility
Nikmat Mall acts an as agent in selling Products on behalf of our Suppliers, but the Supplier remains the issuer of the Product. As issuer of the Product, the Supplier shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Supplier or its products and services.

4. Promotions
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Products or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules using our sole discretion, and you hereby agree to our interpretation.

5. Products Available For Sale
The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Nikmat Mall reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Product for any product or service to a person residing in any jurisdiction or geographical area. Nikmat Mall does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.

6. Refunds
We will provide a refund in the form of cash or you can choose exchange to a same/higher price item(s) if a product you have purchased is found to be faulty or damaged upon arrival. Requests for a refund must be submitted to [email protected] within 14 days of receipt of the item.

Termination
Nikmat Mall may, at any time and for any reason and in its discretion: (a) change, suspend or terminate, temporarily or permanently, the Web Site or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Web Site; all without any notice or liability to you or any other person. If this Agreement or your permission to access or use the Web Site is terminated by you, or by a person you represent, or by Nikmat Mall, then: (a) this Agreement and all other then existing agreements between Nikmat Mall and any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Web Site, and anything connected with, relating to or arising there from; and (b) Nikmat Mall may continue to use and disclose your personal information in accordance with the Web Site Privacy Policy as amended from time to time.

Disclaimers Of Warranty
The Website is provided “as is”, “as available” and “with all faults”. Nikmat Mall and its Suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of supplier ability, fitness for a particular purpose and non-infringement. Neither Nikmat Mall nor its Suppliers and licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitations Of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF Nikmat Mall. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR SUPPLIERS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity
You agree to indemnify and hold harmless Nikmat Mall, its parent company, officers, directors, employees and agents from and against any and all claims, losses, obligations, liabilities, costs or debt, and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.

Reservation Of Rights And Release
Nikmat Mall reserves the right, but has no obligation, to monitor, or take any action Nikmat Mall deems appropriate regarding disputes that you may have with other customers of ours or any Suppliers. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Suppliers.

Intellectual Property
The Nikmat Mall site and all its contents are copyrighted materials, protected by international copyright laws. The compilation of content on our web site is the exclusive property of Nikmat Mall and may not be used for any other purpose other than as set forth on the site. The services and information provided herein are solely for your own private use. You are only permitted to use the Nikmat Mall site as expressly authorised. Nothing contained herein transfers any express or implied right, title or interest in this web site to you. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us, you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

Copyright Notice
As Nikmat Mall asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by NikmatMall.com violates your copyright, you are encouraged to notify Nikmat Mall immediately. Nikmat Mall will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Nikmat Mall or others, Nikmat Mall may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, Nikmat Mall will have no obligation to provide a refund of any amounts previously paid to Nikmat Mall.

Electronic Communications
When you visit our Site, purchase products or services through the Site, or instigate contact with our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would be in writing.

Entire Agreement, Changes To This Agreement And Waivers
These Terms of Service, together with the Privacy Policy and any other legal notices published by Nikmat Mall on the Site or any Deal Product, shall constitute the entire agreement between you and Nikmat Mall concerning Nikmat Mall. Nikmat Mall may, in its discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Nikmat Mall’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Nikmat Mall. No purported waiver or modification of this Agreement by Nikmat Mall via telephonic or email communications shall be valid.

Governing Law And Dispute Resolution
The Site is controlled by Nikmat Mall from Kuala Lumpur, Malaysia. This Agreement, your use of the Site, and all related matters are governed solely by Malaysian laws, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (the “KLRCA”), in accordance with the procedures of the KLRCA Rules of Arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Kuala Lumpur, Malaysia.

Notwithstanding the foregoing, you or Nikmat Mall may seek injunctive relief from an appropriate court located in Kuala Lumpur, Malaysia prior to or during the arbitration.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

General Terms
You and any persons you represent (on the one hand) and Nikmat Mall and Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.

Last updated: 02 February 2022