TERMS OF USE
Privacy Policy
Privacy Policy (Singapore)
1. Introduction to this Privacy Policy
1.1. At Filken, we take your privacy seriously. We are committed to complying with all data protection/privacy laws which are applicable to us.
1.2. In the course of providing you with the Services or access to the Platform (as defined in the Terms of Use), we will be collecting, using, disclosing and/or processing data, including your personal data.
1.3. This Privacy Policy exists to keep you in the know about how we collect, use, disclose and/or process the data we collect and receive during the course of providing the Services or access to the Platform to you, our customer. We will only collect, use, disclose and/or process your personal data in accordance with this Privacy Policy.
1.4. It is important that you read this Privacy Policy together with any other applicable notices we may provide on specific occasions when we are collecting, using, disclosing and/or processing personal data about you, so that you are fully aware of how and why we are using your personal data.
1.5. BY CLICKING OR CHECKING “SIGN UP”, “I AGREE TO FILKEN’S PRIVACY POLICY” OR SIMILAR STATEMENTS AVAILABLE AT THE FILKEN REGISTRATION PAGE, YOU ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF AND UNDERSTOOD THE TERMS OF THIS PRIVACY POLICY AND THAT YOU HAVE AGREED AND CONSENTED TO THE COLLECTION, USE, DISCLOSURE AND/OR PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED AND UNDER THE TERMS HEREIN.
1.6. We may update this Privacy Policy from time to time. Any changes we make to this Privacy Policy in the future will be posted on this page and where appropriate, notified to you, whereupon your continued use of the Services, access to the Platform or use of the Services, including placing Orders on the Platform, shall constitute your acknowledgment and acceptance of the changes we make to this Privacy Policy, as notified to you. Please check back frequently to see any updates or changes to this Privacy Policy.
1.7. This Privacy Policy applies in conjunction with other notices, contractual clauses and consent clauses that apply in relation to the collection, use, disclosure and/or processing of your personal data by us, and is not intended to override them unless we state expressly otherwise.
1.8. You can visit the Platform and browse without having to provide personal details. However, you will be required to sign up for an account if you wish to use the Services.
1.9. If you have any comments, suggestions or complaints in relation to your personal data, please contact our Data Protection Officer through our Contact Us page.
2. The Personal Data We Collect From You
2.1. Personal Data means any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
2.2. During the course of your use of the Platform and the provision of the Services, we may collect personal data from you, which includes but is not limited to:
(a) Identity data, such as your name, gender, profile picture, and date of birth;
(b) Contact data, such as billing address, delivery address, email address and phone numbers;
(c) Account data, such as bank account and payment details;
(d) Transaction data, such as details about payments to and from you, and other details of products and Services you have purchased from us;
(e) Technical data, such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Platform;
(f) Profile data, such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
(g) Usage data, such as information on how you use the Platform, products and Services or view any content on the Platform;
(h) Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to the Platform;
(i) Biometric data, such as voice files when you use our voice search function, and facial images when you upload videos of yourself to the Platform; and
(j) Marketing and communications data, such as your preferences in receiving marketing from us and our third parties and your communication preferences.
2.3. During the course of your use of the Platform and the provision of the Services, we may receive personal data from you in the following situations:
(a) When you create an account with us;
(b) When you apply for any of the Services or purchase any products available on the Platform;
(c) When you use any of the features or functions available on the Platform or Services, including the recording of any user-generated content to be uploaded on the Platform;
(d) When you subscribe to our publications or marketing collaterals;
(e) When you enter a competition, promotion or survey;
(f) When you participate in any activity or campaign on the Platform;
(g) When you log in to your account on the Platform or otherwise interact with us via an external service or application, such as Facebook or Google;
(h) When any other user of the Platform posts any comments on the content you have uploaded on the Platform or when you post any comments on other users’ content uploaded to the Platform;
(i) When a third party lodges a complaint against you or the content you have posted on the Platform;
(j) When you access or use mobile games on the Platform; and
(k) When you interact with us offline, including when you interact with our outsourced customer service agents.
2.4. During the course of your use of the Platform and the provision of the Services, we may also receive your personal data from third parties for the purposes set out in this Privacy Policy or any other terms.
2.5. You must only submit personal data which is accurate and not misleading and you must keep it up to date and inform us of any changes to the personal data you have provided to us. We shall have the right to request for documentation to verify the personal data provided by you as part of our customer verification processes.
2.6. We will only be able to collect your personal data if you voluntarily submit the personal data to us or as otherwise provided for under this Privacy Policy. Unfortunately, if you choose not to submit your personal data to us or subsequently withdraw your consent to our use of your personal data, we may not be able to provide you with the Services or access to the Platform.
2.7. You may access and update your personal information submitted to us at any time as described below.
2.8. If you provide personal data of any third party to us, you represent and warrant that you have obtained the necessary consent from that third party to share and transfer his/her personal data to us, and for us to collect, use and disclose that data in accordance with this Privacy Policy.
2.9. If you sign up to be a user on our Platform using your social media account or link your Filken account to your social media account or use certain other Filken social media features, we may access personal data about you which you have voluntarily provided to your social media provider in accordance with the provider’s policies and we will manage your personal data in accordance with this Privacy Policy.
3. Use and Disclosure of Personal Data
3.1. The personal data we collect from you or via third parties may be used by us, or shared with or transferred to third parties (including related companies, third party service providers and their service providers and related companies, third party sellers, and companies located both inside and outside your home country), for certain purposes, which include but are not limited to the following:
(a) To facilitate your use of the Services or access to the Platform, including responding to your queries, feedback, claims or disputes through our outsourced customer service agents;
(b) To process orders you submit through the Platform;
(c) Payments that you make through the Platform for products, will be processed by our agent;
(d) To deliver the products you have purchased through the Platform. We may pass your personal information on to a third party in order to make delivery of the product to you (for example to our courier or supplier);
(e) To update you on the delivery of the products and for customer support purposes;
(f) To compare information, and verify with third parties in order to ensure that the information is accurate;
(g) To administer your account (if any) with us;
(h) To verify and carry out financial transactions in relation to payments you make online;
(i) To audit the downloading of data from the Platform;
(j) To improve the layout or content of the pages of the Platform and customise them for users;
(k) To identify visitors on the Platform;
(l) To carry out research on our users’ demographics and behaviour;
(m) To provide you with information we think you may find useful or which you have requested from us, including information about our or third party sellers’ products and services, provided you have indicated that you have not objected to being contacted for these purposes;
(n) To allow other users to identify you via the “Find my friends” (or similar function) as a user of the Service, to allow you to find other users and to connect with them on the Platform, and to support the socializing function of the Services
(o) To promote the Services and use information that you give to us, such as user-generated content (including video content) that you can choose to broadcast on our Platform, as part of our advertising and marketing campaigns to promote the Platform;
(p) To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the Platform;
(q) To display on scoreboards on the Platform in relation to campaigns, mobile games or any other activity;
(r) To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;
(s) We may also use your personal information to send you marketing or promotional materials about our products and services from time to time, unless you choose to opt-out from receiving these materials; and
(t) We may also conduct automated-decision making processes in accordance with any of these purposes.
3.2. For the avoidance of doubt, you acknowledge and consent to Filken sharing anonymised information such as but not limited to in the following circumstances:
(a) Aggregated information. We may conduct joint data analytics projects with selected third-party providers using anonymised information to predict user interests and provide users with more targeted and/or relevant information based on aggregated information about that user’s activities outside the Platform.
(b) Behavioural-based advertising. We may collaborate with selected third parties using anonymised information to derive certain models that would facilitate more accurate advertising to selected users.
3.3. You may unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.
3.4. In exceptional circumstances, we may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes, or for fulfilment of legal and regulatory requirements and requests.
3.5. We may share and permit the sharing of your personal data with third parties and our affiliates for any of the above mentioned purposes, including but not limited to, facilitating your use of the Services, completing a transaction with you, managing your account and our relationship with you, marketing and fulfilling any legal or regulatory requirements and requests as deemed necessary by us. In sharing your personal data with them, we endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorized access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as they need your personal data to achieve the above mentioned purposes.
3.6. If you are located in Malaysia, we may transfer or permit the transfer of your personal data outside of Malaysia for any of the purposes set out in this Privacy Policy.
4. Withdrawal of Consent to Continued Use, Disclosure and/or Processing of Personal Data
4.1. You may communicate the withdrawal of your consent to the continued use, disclosure and/or processing of your personal data including personal data relating to others who may be identified from that personal data for any of the purposes and in the manner as stated above at any time, by contacting our Data Protection Officer through the About Us page.
4.2. Please note that if you communicate your withdrawal of your consent to our use, disclosure or processing of your personal data for the purposes and in the manner as stated above, we may not be in a position to continue to provide the Services to you or perform on any contract we have with you, and we will not be liable in the event that we do not continue to provide the Services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.
5. Updating Your Personal Data
5.1. It is important that the personal data you provide to us is accurate and complete for you to continue using the Platform and for us to provide the Services. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date.
5.2. You can update your personal data anytime by accessing your account on the Platform. If you are unable to update your personal data through your account, you can do so by contacting our Data Protection Officer through our About Us page.
5.3. We take steps to share the updates to your personal data with third parties and our affiliates with whom we have shared your personal data if your personal data is still necessary for the above-stated purposes.
6. Accessing Your Personal Data
6.1. If you would like to request information about your personal data which we have collected, or enquired about the ways in which your personal data may have been used, disclosed or processed by us within the past year, please contact our Data Protection Officer through our About Us page. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request.
6.2. We reserve the right to charge a reasonable administrative fee for retrieving your personal data records. If so, we will inform you of the fee before processing your request.
6.3. We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within twenty-one (21) days from the date of your request, we will inform you in writing. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the applicable data protection laws).
7. Security of Your Personal Data
7.1. To safeguard your personal data from unauthorized access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks, we have introduced appropriate administrative, physical and technical measures such as:
(a) Restricting access to personal data to individuals who require access;
(b) Maintaining technology products to prevent unauthorized computer access; and
(c) Using 128-bit SSL (secure sockets layer) encryption technology when processing your financial details.
7.2. If you believe that your privacy has been breached by Filken, please contact our Data Protection Officer through our About Us page.
7.3. You should be aware, however, that no method of transmission over the internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
7.4. Your password is the key to your account. Please use unique numbers, letters and special characters, and do not share your Filken password to anyone. If you do share your password with others, you will be responsible for all actions taken in the name of your account and the consequences. If you lose control of your password, you may lose substantial control over your personal data and other data submitted to Filken. You could also be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason or if you have grounds to believe that your password has been compromised, you should immediately contact us through About Us and change your password. You are reminded to log out of your account and close the browser when you are finished with using a shared computer.
8. Retention of Personal Data
8.1. We will only retain your personal data for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
8.2. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose.
9. Children and Minors Under 18 Years of Age
9.1. Filken does not sell products for purchase by children under 18 years of age, nor does it intend to provide any of the Services or the use of the Platform to children under 18 years of age. We do not knowingly collect any personal data relating to children under 18 years of age.
9.2. You hereby confirm and warrant that you are currently 18 years old or above and you are capable of understanding and accepting the terms of this Privacy Policy. If you are under 18 years old, you may use our website only with the involvement of a parent or guardian.
9.3. As a parent or legal guardian, please do not allow minors under your care to submit personal data to Filken. In the event that such personal data of a minor is disclosed to Filken, you hereby consent to the processing of the minor’s personal data and accept and agree to be bound by this Privacy Policy and take responsibility for his or her actions.
9.4. We will not be responsible for any unauthorized use of the Services on the Platform by yourself, users who act on your behalf or any unauthorized users. It is your responsibility to make your own informed decisions about the use of the Services on the Platform and take necessary steps to prevent any misuse of the Services on the Platform.
10. Collection of Computer Data
10.1. We or our authorized service providers may use cookies, web beacons, and other similar technologies for storing data to help provide you with a better, faster, safer and personalized experience when you use the Services or access the Platform.
10.2. When you visit the Platform through your computer, mobile device, or any other device with internet connectivity, our company servers will automatically record data that your browser sends whenever you visit a website. This data may include:
(a) Your computer or device’s IP address;
(b) Browser type;
(c) Webpage you were visiting before you came to the Platform;
(d) The pages within the Platform which you visit; and
(e) The time spent on those pages, items and data searched for on the Platform, access times and dates, and other statistics.
10.3. This data is collected for analysis and evaluation in order to help us improve our website and the services and products we provide.
10.4. Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognize a particular device or browser and help us to personalize the content to match your preferred interests more quickly, and to make the Services and the Platform more convenient and useful to you.
10.5. You may be able to manage and delete cookies through your browser or device settings. For more information on how to do so, visit the help material of your browser or device.
10.6. Web beacons are small graphic images that may be included on our Service and the Platform. They allow us to count users who have viewed these pages so that we can better understand your preference and interests.
11. Filken’s Right to Disclose Personal Data
11.1. YOU ACKNOWLEDGE AND AGREE THAT FILKEN HAS THE RIGHT TO DISCLOSE YOUR PERSONAL DATA TO ANY LEGAL, REGULATORY, GOVERNMENTAL, TAX, LAW ENFORCEMENT OR OTHER AUTHORITIES OR THE RELEVANT RIGHT OWNERS, IF FILKEN HAS REASONABLE GROUNDS TO BELIEVE THAT DISCLOSURE OF YOUR PERSONAL DATA IS NECESSARY FOR THE PURPOSE OF MEETING ANY OBLIGATIONS, REQUIREMENTS OR ARRANGEMENTS, WHETHER VOLUNTARY OR MANDATORY, AS A RESULT OF COOPERATING WITH AN ORDER, AN INVESTIGATION AND/OR A REQUEST OF ANY NATURE BY SUCH PARTIES. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE NOT TO TAKE ANY ACTION AND/OR WAIVE YOUR RIGHTS TO TAKE ANY ACTION AGAINST FILKEN FOR THE DISCLOSURE OF YOUR PERSONAL DATA IN THESE CIRCUMSTANCES.
12. Third Party Sites
12.1. The Platform may contain links to other websites operated by other parties, such as our business affiliates, merchants or payment gateways. We are not responsible for the privacy practices of websites operated by these other parties. You are advised to check on the applicable privacy policies of those websites to determine how they will handle any information they collect from you.
Introduction
1.1 Welcome to the Filken website. These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “Filken Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at http://filken.com.my/sell-on-filken/. By accessing the Platform and/or using the Services, you agree to be bound by Filken Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Filken Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.
1.2 The Terms of Use stated herein constitute a legal agreement between you and Filken.
1.3 Filken reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Filken Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
1.4 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.
2. USE OF THE PLATFORM AND/OR SERVICES
2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.
2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Filken 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, your failure to comply with this section.
2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.5 We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any an authorized user to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3. USER SUBMISSIONS
3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
4. TRADEMARKS AND COPYRIGHTS
4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5. Our limitation of responsibility and liability
5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Filken of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
5.2 Without limiting the foregoing, Filken does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
5.3 Filken and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or web page linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
6. HYPERLINKS
6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7. APPLICABLE LAW AND JURISDICTION
7.1 These Terms of Use and/or other Filken Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.
8. ARBITRATION
8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other Filken Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.
8.2 Notwithstanding the foregoing, Filken reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
9. TERMINATION
9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other Filken Terms and Conditions. Upon any termination of these Terms of Use and/or other Filken Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Filken shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Filken, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.
Terms and Conditions of Sale
1. Interpretation
1.1 In these Conditions:
“Buyer” means the person who purchases Goods on the Platform;
“Conditions” mean these Terms and Conditions of Sale;
“Contract” means the contract formed when Filken accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Filken;
“Goods” means the goods made available for sale on the Platform, including any installment of the goods or any parts for them;
“Filken Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;
“Platform” means the filken.com.my website;
“Services” means the use of any services, information and functions made available by Filken at the Platform;
“Third Party Vendor” means a seller which, with Filken’s permission, uses the Platform and/or Services to sell Goods to the Buyers, and excludes Filken; and
“Writing” includes electronic mail facsimile transmission and any comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 Any references to “Filken” in these Conditions refer to both Filken’s actions on its own behalf as Seller and/or as the operator of the Platform in respect of each and every Contract.
1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2. Basis of the Contract
2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and Filken.
2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Filken and Filken has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Filken.
2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Filken through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
2.4 While Filken endeavours to provide an accurate description of the Goods, Filken do not warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.
2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Filken in its website shall be subject to correction without any liability on the part of Filken.
3. Orders and Specifications
3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Filken’s acceptance in their sole discretion and each order accepted by Filken shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Filken shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Filken shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
3.2 Order acceptance and completion of the Contract between the Buyer and Filken will only be completed upon Filken issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Filken shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Filken shall furthermore be entitled to require the Buyer to furnish Filken with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Filken and on terms that the Buyer shall indemnify Filken in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Filken as a result of the modification or cancellation, as the case may be.
4. Price
4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Filken in addition to the price, but it excludes the delivery charges.
4.2 In the event that a Goods has been mispriced on the Platform, Filken reserves the right to terminate the Contract, in which Filken shall notify the Buyer of such cancellation by giving three days’ notice. Filken shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Filken’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Filken.
5.2 The terms and conditions applicable to each type of payment, as prescribed by Filken on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
5.2.1 Credit Card
Credit card payment option is available for all Buyers. Filken accepts all Visa and MasterCard credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
5.2.2 Debit Cards
Filken accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
5.2.3 Online Banking
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Filken account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Filken, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
5.2.4 Installment Payments via Credit Card
i. Only Buyers making payment for Goods by means of a credit card issued by Maybank or any other installment payment partner banks which we may inform from time to time shall be entitled to participate in the twelve (12) months installment payment plan, as provided below (“Entitled Buyer(s)”).
ii. Entitled Buyers making minimum purchases of RM1,000 shall be entitled to apply to make payment for the Goods by means of the twelve (12) months Easy Pay Installment Scheme, subject to a maximum purchase value of RM50,000.
iii. For purposes of this sub-Clause, the installment payment plan set out in sub-Clauses 5.2.4 (i) and (ii) above shall collectively be referred to as “Credit Card Installments”.
iv. When the Entitled Buyer purchases Goods and makes payment for the same via Credit Card Installments, the transaction shall be handled by Filken. Each Entitled Buyer would receive a call from Filken for verification and approval. An Entitled Buyer shall only be entitled to purchase Goods via Credit Card Installments upon verification and approval by Filken.
v. While an approval for a Credit Card Installments transaction is subject to the Entitled Buyer’s available balance and credit availability on his/her credit card account, Filken also shall retain absolute discretion in granting its approval to any credit card transaction.
vi. When entering into a credit card transaction for the purchase of Goods via Credit Card Installments, Filken Sdn Bhd’s name shall be shown as the selling merchant in the Entitled Buyer’s credit card statement.
vii. When an Entitled Buyer makes an application to Filken for the payment of Goods via Credit Card Installments and upon approval of the application by Filken, as provided above, the Buyer’s bank will debit the Entitled Buyer’s credit card account with the installment payable monthly, for the duration stipulated. The Entitled Buyer’s available credit limit will be provisionally reduced by earmarking an amount, equivalent to the amount of the total purchase price for the relevant Goods, which will not be available to Entitled Buyer for the duration of the installment payments. However, the credit limit will progressively restore on a monthly basis as repayment of each installment amount is made monthly.
viii. Each Credit Card Installments may be charged a processing fee prescribed by the relevant installment payment partner banks. This fee shall not be refundable, even if the purchase transaction is terminated, regardless of the reason of termination.
ix. If the Entitled Buyer decides to cancel his/her orders twenty-four (24) hours after the relevant order has been confirmed and prior to shipment, Filken shall be entitled to impose a minimum of 15% of the total amount of the purchase price of the relevant Goods and the processing fee as administrative fees, in addition to the transaction fees charged by the relevant installment payment partner banks. The balance after deduction of the administrative fees and the transaction fees will be refunded to the Entitled Buyer.
x. In the event of cancellation of the Entitled Buyer’s credit card account, any unpaid portion of the purchase price of the relevant purchased Goods shall become immediately due and payable. Insofar as is possible, this outstanding sum shall be debited to the Entitled Buyer’s credit card without further reference payable by the Entitled Buyer.
xi. When the Entitled Buyer chooses to make payment for purchase of Goods via Credit Card Installments, Filken’s 14-days Return Policy will no longer be applicable and the Entitled Buyer will no longer be allowed to return any items unless it is damaged to which the item shall be replaced or refunded for the amount paid. Such replacement or refund will not affect or interrupt the Credit Card Installments. No returns for “change of mind” reason will be valid for Entitled Buyers that choose to make payment for the Goods via Credit Card Installments.
5.2.5 Cash on Delivery
Cash on Delivery (pay cash upon delivery) is available within the region of Johor Bahru with a fee as may be prescribed by Filken for each order. Filken reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.
5.3 Buyer may not claim against Filken, for any failure, disruption or error in connection with the Buyer’s chosen payment method. Filken reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Filken, Filken shall be entitled to:
5.4.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
5.5 All refunds shall be made via the Filken virtual payment account (“Filken Payment Account”). Filken offers no guarantee of any nature for the timeliness of the refunds reaching the Filken Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Filken. All refunds are conditional upon Filken’s acceptance of a valid return of the Goods. Filken reserve the right to modify the mechanism of processing refunds at any time without notice.
5.6 All payments for the purchased Goods must be made to Filken using the payment methods made available on the Platform only. Filken shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.
6. Delivery/Performance
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 Filken has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Filken shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If Filken has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Filken, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Filken fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.
8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Filken of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Filken’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Filken shall be entitled at any time to demand the Buyer to deliver up the Goods to Filken and in the event of non-compliance Filken reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Filken’s fault) then without prejudice to any other right or remedy available to Filken, Filken may:
6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.5.2 terminate the Contract and claim damages.
7. Return, Refund and Replacement of Goods
7.1 All Goods sold on the Platform is covered under the Filken 7 Days Easy Returns or 14 Days Easy Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with Filken or Seller through the Platform.
7.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Filken in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to Filken within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Filken within 48 hours of receiving the delivery to expedite the claim process.
7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:
7.3.1 the Goods delivered to Buyer is defective and/or damaged on delivery;
7.3.2 the Goods delivered to Buyer is materially different from the description provided by Filken in the listing of the Goods;
7.3.3 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong model, color, etc.) stipulated in the order;
7.3.4 Buyer has a change of mind with regard to the Goods; and
7.3.5 such other circumstances which may be prescribed by Filken on the Platform.
7.4 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by Filken on the Platform.
7.5 Questions and complaints with regards to returns
7.5.1 If you have any questions or complaints, (i) you may contact Filken directly via the Platform using the “Contact Us” section on the Platform, as applicable.
8 Risk and property of the Goods
8.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Filken has tendered delivery of the Goods.
8.3 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Filken has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Filken to the Buyer for which payment is then due.
8.4 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Filken’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
8.5 The Buyer agrees with Filken that the Buyer shall immediately notify Filken of any matter from time to time affecting Filken’s title to the Goods and the Buyer shall provide Filken with any information relating to the Goods as Filken may require from time to time.
8.6 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), Filken shall be entitled at any time to demand the Buyer to deliver up the Goods to Filken and in the event of non-compliance Filken reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
8.7 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Filken but if the Buyer does so all moneys owing by the Buyer to Filken shall (without prejudice to any other right or remedy of Filken) forthwith become due and payable.
8.8 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
8.9 The Buyer shall indemnify Filken against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Filken’s rights under this condition.
9 Termination
9.1 Buyer may terminate the Contract before Filken dispatches the Goods, by written notice to Filken through our About Us page at https://filken.com/about-us/. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.
9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Filken acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
9.2.1 the Goods under the Contract being unavailable for any reason; and/or
9.2.2 the Goods under the Contract has been mispriced on the Platform.
10 Warranties and Remedies
10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
10.2 Subject to this Clause 10 of these Conditions, Filken warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Filken further gives to the Buyer such implied warranties as cannot be excluded by law.
10.3 Filken’s above warranty concerning the Goods is given subject to the following conditions:
10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Filken.
10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
10.3.3 Filken binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Filken’s opinion in that behalf. Filken does not give any warranty as to the quality state condition or fitness of the Goods.
10.3.4 Filken shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Filken, addition and insertion of parts, in particular of spare parts which do not come from Filken.
10.3.5 Filken shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Filken’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Filken’s approval.
10.3.6 Filken is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Filken’s prior written approval and the Buyer shall indemnify Filken against each loss liability and cost arising out of such claims.
10.3.7 Filken shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
10.3.8 Filken shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to Filken in exchange for a replacement or a refund in accordance with Filken’s Return Policy and Clause 7 of these Conditions above.
10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. Filken however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Filken’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once Filken has accepted such request.
10.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, Filken may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against Filken.
10.7 When Filken has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of Filken.
11 Liability
11.1 In no event shall Filken be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Filken had been advised by the Buyer of the possibility of incurring the same.
11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and Filken’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions .
11.3 Notwithstanding any other provision of these Conditions, Filken’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Filken under such Contract.
11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.
11.5 No action shall be brought against Filken later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.
12 General
12.7 Filken shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Filken’s reasonable control.
12.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Filken, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.
12.9 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
12.10 No waiver by Filken of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Filken’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.
12.11 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
12.12 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.
12.13 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.9 below.
12.14 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Filken. Any such actions brought against Filken for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
12.15 Notwithstanding Clause 12.8 above, Filken shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
12.16 Filken may, through the Platform or by such other method of notification as Filken may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Filken specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.
12.17 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Filken’s part shall be subject to correction without any liability on Filken’s part.
12.18 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.
12.19 These Conditions shall constitute the entire agreement between Buyer and Filken relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
12.20 Filken reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Filken deems appropriate.
Platform Engagement Tools
1. Acceptance of Terms and Conditions
1.1. The following Platform Engagement Tools Terms & Conditions (the “Platform Terms”) govern the use of the platform engagement tools and other related services (collectively, the “Tools” and, each a “Tool”) provided by Filken on Filken’s websites (the “Platform”).
1.2. By using any of the Tools, you are agreeing to be bound by these Platform Terms as a User (as defined below). These Platform Terms are in addition to the Terms of Use and the Terms & Conditions of Sale, which shall continue to govern your use of the Platform and which are hereby incorporated by reference into these Platform Terms. Unless otherwise defined, the definitions and provisions in respect of interpretation in the Terms of Use will apply to these Platform Terms.
1.3. The use of the Tools may be subject to additional terms (“Additional Terms”) that Filken may prescribe from time to time. In relation to any Tool, the Additional Terms that govern the use of such Tool shall be made accessible via such Tool. If you do not agree to any of the Additional Terms, you should discontinue your use of the Tools that are subject to those Additional Terms.
1.4. In the case of any inconsistency or conflict between any documents referred to in these Platform Terms that is not expressly resolved in those documents, such inconsistency or conflict will be resolved in the following order of descending priority: the relevant Additional Terms, the Platform Terms, the Terms of Use and the Terms & Conditions of Sale.
2. Tools Conditions
2.1. The Tools are offered solely for the purpose of a User’s personal entertainment and benefit. The use of the Tools for business or commercial purposes is strictly prohibited.
2.2. Filken may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend, discontinue the provision of, or remove any of the Tools, and Filken shall not be liable if any such upgrade, modification, suspension, discontinuation or removal affects your use of the Platform or prevents you from accessing any of the Tools.
2.3. A “User” means a Customer who has registered for a customer account on the Platform. The use of certain Tools may be subject to additional terms of eligibility, which shall be prescribed by Filken in its sole discretion; such additional terms of eligibility would be set out in the relevant Additional Terms.
2.4. Users shall be prohibited from running the Tools with programs other than the relevant Filken client program provided by Filken. Examples of prohibited programs include, without limitation, automated bots and other tools meant to replace or supplement the relevant Filken client program provided by Filken, as well as scripts and completely or partially automated programs that provide any User with any advantage over other Users by enabling, for example, auto-refresh functions and other integrated browser mechanisms that use or concern automated procedures for using the Tools.
2.5. Users are, under no circumstances, permitted to do any of the following:
(i) create, exploit or use bugs, cheats, mods and/or hacks, or any other third party software products that may change the result, function or gameplay of the Tools;
(ii) use software that allows the mining or scraping of data or otherwise intercepts or collects information in connection with the Tools;
(iii) use any rewards (including, without limitation, brands vouchers) acquired via the Tools for any purpose other than the purchase of Products on the Platform; and
(iv) sell, buy or trade customer accounts on the Platform,
and the foregoing shall include all circumventions, similar actions or actions that produce an effect that matches the aforementioned prohibitions.
3. Warranties and Liability
3.1. Filken offers the Tools within the context of its technical and operational capabilities.
3.2. Unless expressly set out in these Platform Terms or the relevant Additional Terms, to the fullest extent permitted by law, neither Filken nor any of its service providers or affiliates makes any warranty (whether express or implied), representation or undertaking about the Tools (including, without limitation, their accuracy, availability and reliability), any software or hardware used with the Tools, any application or feature accessed by a User using the Tools, or the reliability or quality of the underlying telecommunications network accessed by such User using the Tools.
3.3. The Tools are provided on an ‘as is’ and ‘as available’ basis, and their availability is subject to the availability, functionality and reliability of resources used to provide the Tools (including, without limitation, the Platform, Filken’s systems and the relevant third party tools), downtime and lack of availability (whether for technical reasons, required maintenance work, or otherwise), as well as events, circumstances or causes beyond Filken’s reasonable control.
3.4. To the fullest extent permitted by law, Filken shall not be responsible to any User for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or relating to such User’s use of, or inability to use, the Tools (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Platform Terms, (ii) any alleged unauthorized transactions, disruptions, errors, defects or unavailability of the Tools, and (iii) any loss of data or damage to any software or hardware used by such User to access the Tools.
3.5. In the event that any Liabilities are not excluded under clause 3.4 of these Platform Terms, to the fullest extent permitted by law, Filken’s maximum aggregate liability to any User in respect of such Liabilities, whether under all applicable laws of contract, tort or otherwise, shall be limited to RM150.
4. Content Restrictions
4.1. The Tools include various content, imagery, media and graphics that are protected by trademarks, copyrights or other means for the benefit of Filken or third parties. Unless explicitly permitted by these Platform Terms, or otherwise agreed in writing by Filken, no User or any third party may edit, copy, distribute, publicly reproduce or use any Tool for any purpose other than the purpose set out in clause 2.1 of these Platform Terms. Copyright information and brand names may not be changed, hidden or removed. The term “content” includes all and any data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and any other information provided or developed by Filken, and any such services available for download.
4.2. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of the Platform, the Tools or any individual services or functions on the Platform. Users are also required to abstain from any measure which may allow unauthorized access to data.
5. User’s Obligations
5.1. Each User acknowledges and agrees:
(i) to comply with all applicable laws and regulations when using the Tools;
(ii) to comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines, as well as third party terms of sharing channels that a User may use to invite others to use the Tools) that apply to the use of the Tools used by such User;
(iii) to be responsible for all information that is communicated, submitted or transmitted, whether to Filken or third parties, from such User’s account or device in the course of such User’s use of the Tools;
(iv) not to use the Tools or permit the use of the Tools in any manner which may adversely affect other Customers’ or Users’ use of the Tools or the goodwill or reputation of Filken; and
(v) to be responsible for complying with these Platform Terms.
5.2. Where Filken, in its sole discretion, discovers or suspects that a User has breached any of these Platform Terms or the relevant Additional Terms, Filken may take all such steps and remedies as it deems appropriate. Such steps include, without limitation:
(i) to investigate such User’s account;
(ii) to prevent, restrict or suspend the access of such User to the Tools (or any part thereof) or the Platform;
(iii) to report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities;
(iv) to forfeit any rewards which a User may have received due to the User’s use of the Tools; and
(v) to cancel any Orders placed during a User’s use of the Tools.
6. Data Collected by Filken
6.1. Filken may collect information from the Users in the course of their use of the Tools. Such information may include personal information such as photographs, names and usernames that a User may upload, provide or use.
6.2. Any personal information that Filken collects may be used by it, or shared with or transferred to third parties (including related companies, third party service providers, and other Users), for any or all of the following purposes:
(i) to display on scoreboards on the Platform (as defined in the Terms of Use) in relation to the Tools;
(ii) to facilitate the administration of the Tools and any rewards associated with the Tools; and
(iii) to otherwise facilitate the use of the Tools.
6.3. For the avoidance of doubt, the Privacy Policy (and the notification of the purposes of data collection therein) as referred to in the Terms of Use shall apply to all personal information referred to under these Platform Terms.
7. Miscellaneous
7.1. If at any time any provision of these Platform Terms or any Additional Terms shall be held to be illegal, invalid, or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of Filken. To the extent it is not possible to delete or modify the provision, in whole or in part, under this clause, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Platform Terms or the relevant Additional Terms, as the case may be, and the legality, validity and enforceability of the remainder of these Platform Terms or the Additional Terms (as the case may be) shall, subject to any deletion or modification made under this clause, not be affected.
7.2. Filken reserves the sole right to alter, modify, add to or otherwise vary these Platform Terms at any time and from time to time, and in such manner as Filken deems appropriate at its absolute discretion. In the event of variation of these Platform Terms, if you continue to use the Tools thereafter, you shall be bound by the Platform Terms as so amended and shall be deemed to have accepted the Platform Terms as so amended.
7.3. The laws of Malaysia shall apply to and govern these Platform Terms. Any dispute arising out of or relating to these Platform Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre under the SIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Singapore. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
Filken Care
This Service Contract is a legal agreement between you and Filken, which governs the provision of the Services by us in respect of Product(s). By purchasing a Product, you acknowledge and agree to be bound by this Service Contract. Please refer to the “DEFINITIONS” section at the end of this Service Contract for the meanings of capitalized terms used in this Service Contract.
Your purchase of the Services extends the manufacturer’s warranty period for a twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) commencing upon the expiry of the manufacturer’s warranty. The period commencing from the expiry of the manufacturer’s warranty and ending twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) is known as the Service Period.
The Services are subject at all times to the following:
a) We have the sole option to repair or (if in our sole discretion it is more commercially practicable to do so) replace your Product with an item of similar quality and specifications.
b) If we determine (in our sole discretion) that it is more commercially practicable to replace your Product instead of repairing it, the original Product shall be replaced with a similar product. Due to technological advances, the replacement Product may be of lower retail value than the original Product or it may be a Refurbished Product. If the original Product is replaced, the Services will cease from the date of replacement.
c) Repairs or replacements of the Product are limited to products purchased domestically.
d) Repairs or replacements of the Product are limited to products which are for personal use. This means that Products that have been used for commercial or other non-personal use shall be excluded from this Service Contract.
We would only perform the Services during the Service Period. This means that we have no obligation to perform or provide the Services during the manufacturer’s warranty period, and the Services provided under this Service Contract shall not cover or replace the manufacturer’s warranty. You must exercise your rights and benefits under the manufacturer’s warranty before making a Service request under this Service Contract.
On-site repair is available for bulky Products only, which are non Carry-in Products. Where we are unable to repair your Products on-site, they will be transported to our authorized repair centre for repair, at no extra cost to you. Carry-in Products shall be delivered by you to our authorized repair centre, and no shipping or transportation costs (if any) you incur will be reimbursed by Filken.
LIMITATIONS OF LIABILITY
Our liability under this Service Contract will not, under any circumstances, extend to any loss or injury to a person or loss or damage to property or any incidental, contingent, special or any direct or indirect loss and consequential damages including but not limited to losses incurred due to any delay in rendering service related to this Service Contract and loss of use during the period that your Product is at an authorized repair centre, and/or while awaiting repair or replacement.
GENERAL EXCLUSIONS:
Filken will not be liable under the Service Contract if you do not submit the Product to an authorized repair centre for repair for Carry-in Products or if you do not raise a Service request with the Filken Care call centre for bulky, non-Carry-in Products, before the expiry of the Service Contract.
If you send the Product for repair and/or servicing by an unauthorized service centre, this Service Contract will be null and void, and we will have no obligation to perform the Services in relation to such Product.
EXCLUSIONS:
We shall not be liable to provide you the Services in relation to any of the following:
1. Any damage or problems with the Product caused by negligence, omission or default of any kind, other than where you are entitled to services under “Accidental Damage”.
2. Liability arising out of implied warranties of merchantability, implied warranties of fitness, and strict liability.
3. Liability to anyone other than the Service Contract holder, as the case may be, except if you notify us of a transfer of a Service Contract per the terms below.
4. Any acts of fraud, or other dishonest or criminal acts.
5. Property and/or product liability insurance.
6. Products that are still covered by the manufacturer’s/dealer’s original written warranty, or your dealer warranty, repairer’s warranty, or any other warranties in effect.
7. Any defects that are subject to recall by the manufacturer / dealer.
8. Abuse, theft, sand, corrosion, excessive heat, battery leakage, Acts of God, commercial usage, power outages or surges, inadequate or improper voltage or current (fluctuation of electrical power, lightning, static electricity), improper environment (including lack of proper temperature or humidity). Unauthorized modifications made to the Product and/or problems/defects arising from such unauthorized modifications; altered serial/IMEI numbers; failure to follow manufacturers’ instructions on installation, operation or maintenance; repairs performed by non-authorized repairer; any items not affecting the function of the Product; image burn.
9. Costs of express service charges, transportation damage, removal or reinstallation unless specifically included in the Service Contract.
10. Problems or defects not covered under the original manufacturer’s/dealer’s original written warranty or any other warranties in effect unless otherwise stated, unless otherwise specified in the Service Contract, including but not limited to where you are entitled to Accidental Damage related repair or replacement services.
11. Failure to follow manufacturer’s recommended instructions for installation, operation, routine care maintenance, inspection, cleaning, external adjustments etc. including problems cause by a device that is not the Product, including equipment/accessories that are not produced by original equipment manufacturer, whether or not purchased at the same time as the Product.
12. Damage due to organic infestation (from internal and/or external sources).
13. Water leakage due to blockage of drainpipe under normal use.
14. Commercial use (multi-user organisations), public rental, use for profit or communal use.
15. Any diagnosis where no defect has been found or noted.
16. External faults such as rust, wiring, electrical connection or plumbing, piping, fitting, realigning of signal receivers (poor receptions), and consequential loss of any kind.
17. Repairs necessitated by improper maintenance, accidental, intentional physical damage, damage by sand or water, unless otherwise specified in the Service Contract including but not limited to where you are entitled to Accidental Damage repair or replacement services.
FOR SERVICE REQUEST – CALL OUR SERVICE HOTLINE +1700 81 5006
When the Product failure occurs due to an electrical or mechanical defect or accidental damage, you may contact the Filken Care Support Hotline at +1700 81 5006 to report the failure. This hotline is available Monday to Saturday 9 a.m. to 6 p.m. in Malaysia, excluding local public holidays.
Our experienced customer service representatives will be ready to guide you through the Service process. To expedite the Services, please ensure that you have your Service Contract details readily available before placing the call. If the Product failure is not reported to us prior to repair/replacement, the repair/replacement cost shall not be approved.
To validate that your Product is covered by the Services, please ensure you keep all the proof of purchase, such as sales receipts, in a safe place.
CANCELLATION
This Service Contract can be cancelled within fourteen (14) days of the Product order date at a full refund of paid service fee provided that no Service request has taken place. If a Service request has taken place, no refund will be provided upon cancellation.
CONTRACT TERMINATION
This Service Contract will terminate automatically: (i) upon expiry of the term of this Service Contract, (ii) when a Product has been repaired and returned to you, (iii) upon replacement of the Product if (in our sole discretion it is more commercially practicable to do so) or (iv) upon written notification by us of termination of this Service Contract within fourteen (14) days of original purchase of this Service Contract (subject to our providing a full refund of paid service fees), whichever is earlier.
TRANSFER OF SERVICE CONTRACT TO SECOND OWNER
If you sell or transfer your Product to another consumer within the term of this Service Contract, you must call Filken Care Support Hotline within fourteen (14) days from the date of the sale or transfer of the Product to another consumer, in order to transfer this Service Contract. It is also important to report your new address in the event you change your residential address and take the Product(s) with you.
GENERAL
This Service Contract is not an insurance contract, insurance policy or guarantee. This Service Contract is not a guarantee or promise relating to the nature of the material, workmanship or performance of your Product.
For verification purposes, you may be required by our customer service representative to present your Service Contract to expedite the provision of the services contemplated by this Service Contract. As such, we recommend that you place these documents in a safe place.
DEFINITIONS
• Act of God refers to natural disaster, fire, flood, war, invasion, act of foreign enemy, hostilities or warlike operations, civil war, civil commotion.
• Product means a product listed for sale on Filken and covered by the Services under this Service Contract.
• Refurbished Product means a used product that is in good condition. There will be signs of use such as scratches but will not include deep scratches and no significant signs of heavy wear and tear. This will not affect the functions of the product.
• Service(s) means arranging for the repair or replacement of the Product pursuant to this Service Contract.
• We, us, our refers to Filken, the provider of the Services under this Service Contract.
• You and your refer to consumers who purchase Products and cover by the Services under this Service Contract.
Voucher Terms & Conditions
The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes (“Vouchers”).
1. Vouchers are only valid on the Filken website, mobile website or mobile applications (iOS & Android).
2. A valid code must be entered at the checkout page in order to redeem a Voucher.
3. Customers can only redeem up to one Voucher per day.
4. Customers can only use the Voucher for a one-time purchase only.
5. Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.
6. Filken reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances:
(a) suspicious or fraudulent purchasing activity or Voucher use;
(b) Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or
(c) Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)
7. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.
8. Additional terms and conditions may be specified in relation to specific Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those vouchers in addition to these terms.
9. Use of Vouchers by resellers is not tolerated, and Filken reserves the right to cancel orders which are deemed to display reseller behavior.
10. Vouchers are not exchangeable for cash.
11. Filken will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:
(a) discontinued or cancelled Vouchers;
(b) improper use of, or inability to redeem, a Voucher; or
(c) the inability to redeem a Voucher due to technical issues.
12. Filken reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.