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Welcome!
You have entered the website owned and operated by ThePopLook.com
(“ThePopLook.com ”), identified by
the URL ThePopLook.com (the "Site"),
but before proceeding further please read carefully
the following Terms and Conditions of Use which will
govern your use of the Site (”Terms and
Conditions” which expression shall include any
modification that may from time to time be made
thereto by ThePopLook.com ). By using the Site or
by placing an order through the Site you agree to and
accept all these Terms and Conditions and therefore
have entered into an agreement with ThePopLook.com
governing your use of the Site. In addition, when you
use any current or future ThePopLook.com
service(s), you also will be subject to the guidelines
and conditions applicable to such service or business.
USE
OF SITE ACCESS
ThePopLook.com
grants you a limited non-exclusive license to access
and make personal and non-commercial home use of this
Site. As such, you cannot download the Site (other
than page caching) or modify the Site or its contents
or any portion of the Site or any of its contents,
except with the prior written consent of ThePopLook.com
. This license does not include any resale or
commercial use of this Site or its contents; any
collection and use of any product listings,
descriptions, or prices; any derivative use of this
Site or its contents; any downloading or copying of
account information for the benefit of another
merchant and/or user; or any use of data mining,
robots, or similar data gathering and extracting
tools. This Site or any portion of this Site may NOT
be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial
purpose without prior express written consent of ThePopLook.com
. You may not frame or utilise framing
techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page
layout, or form) of ThePopLook.com and the Site
without ThePopLook.com ’s prior express written
consent. You may not use meta tags or any other
"hidden text" utilising ThePopLook.com
and the Site’s name or trademarks without the prior
written consent of ThePopLook.com. Any unauthorised use
automatically terminates the permission or license
granted by ThePopLook.com.
You
are granted a limited, revocable, and non-exclusive
right to create a hyperlink to the homepage of the
Site so long as the link does not in any manner
whatsoever or howsoever portray or depict the Site, or
its products or services in false, misleading,
derogatory, obscene or otherwise offensive light or
manner. You may not use any ThePopLook.com logo,
the Site logo or other proprietary graphic or trade
mark as part of the link without ThePopLook.com ’s
prior express written consent.
YOUR
PARTICULARS
When
you register with ThePopLook.com , you agree to (i)
provide true, accurate, current and complete
information about yourself as prompted by the Order
form (the "Order Data") and to (ii) maintain
and promptly update the Order Data to keep it true,
accurate, current and complete. You are responsible
for maintaining the confidentiality of your Order Data
or passwords and for restricting access to your
computer, and you agree to accept responsibility for
all activities that occur under your particulars. ThePopLook.com cannot and will not be liable for
any loss or damage arising from your failure to comply
with this Terms and Conditions. If you are under 18
years of age, you can use the Site only with
involvement of a parent or guardian. ThePopLook.com
reserves the right to refuse service, remove or edit
content, or cancel orders at its sole discretion.
RISK
OF LOSS
All
items purchased from the Site are made pursuant to a
shipment contract. This means that the risk of loss
and title for such items pass to you upon our delivery
to the carrier.
TERMINATION
You
agree that ThePopLook.com , at its sole and absolute
discretion, may terminate your use of the Site for any
reason, including, without limitation, lack of use or
if ThePopLook.com believes that you have breached
or acted inconsistently with or in disregard of the
letter or spirit of the Terms and Conditions. ThePopLook.com may also at its sole and absolute
discretion and at any time, with or without notice,
discontinue providing its services or any part
thereof. You agree that any termination of your access
to the Site under any provision of this Terms and
Conditions may be effected without prior notice, and
acknowledge and agree that ThePopLook.com may
immediately bar any further access to the Site. On the
happening of any of the afore-going, you agree that ThePopLook.com shall not in any manner whatsoever
or howsoever, be liable to you or any third party for
any termination of your access to the Site.
INDEMNITY
You
hereby agree to indemnify and forever save ThePopLook.com
, its affiliates, directors, officers,
employees, owners, agents, information providers,
licensors and licensees harmless, from and against any
and all losses, claims, demands, damages, liabilities
and/or costs and expenses, including legal costs, on a
full indemnity basis, which may arise from your use of
the Site, including, but not limited to, any breach of
any of the Terms and Conditions, or your violation of
any rights of another. You shall use your best efforts
to cooperate with us in the defence of any claim. We
reserve the right (but have no obligation), at our own
expense, to assume the exclusive defence and control
of any matter subject always to full indemnification
by you.
You
hereby acknowledge and agree that any breach of the
Terms and Conditions will result in irreparable harm
and/or losses to ThePopLook.com for which
monetary damages would or may not be an adequate
remedy and, therefore, in addition to its rights and
remedies otherwise available at law, ThePopLook.com
will be entitled to equitable relief, including both a
preliminary or interlocutory and permanent injunction,
if such a breach occurs. You irrevocably waive any
requirement for the posting of a bond or other
security if ThePopLook.com seeks such an
injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
This
site is provided by ThePopLook.com on an "as
is" and "as available" basis. ThePopLook.com
makes no representations or warranties
of any kind, express or implied, as to the operation
of this site or the information, content, materials or
products included on this site. You expressly
acknowledge and agree that your use of this site is at
your sole risk.
ThePopLook.com
disclaims all express or implied representations,
warranties and conditions of any kind, including, but
not limited to, implied warranty or condition of
merchantability and/or fitness for a particular
purpose or non-infringement. ThePopLook.com makes no
representations, warranties, conditions or guarantees
that this site or the functions contained in the
materials on the site will meet your requirements;
will be uninterrupted, timely, secure or error-free or
that defects will be corrected. ThePopLook.com does not
warrant that this site, its servers, or e-mail sent
from ThePopLook.com are free of viruses or other
harmful components or that the quality of any
products, services, information, or other material
purchased or obtained by you through the site will
meet your expectations. All such warranties,
representations, conditions, undertakings and terms
are hereby excluded. ThePopLook.com will not be liable
for any special, direct, indirect, incidental,
punitive, and consequential damages or any damages
whatsoever, including, but not limited to, damages for
loss of profits, goodwill or savings, business
interruption, loss of information, whether in
contract, negligence, tort or otherwise or any other
damages resulting from any of the following (I) The
use or the inability to use the site, (II) Any defect
in goods, samples, data, information or services
purchased or obtained from a user or a third party
service provider through the site, (III) Unauthorised
access by third parties to your data or private
information, (IV) Statements or conduct of any user of
the site, or (V) Any matters relating to services
acquired through the site however arising, including
negligence.
Any
material downloaded or otherwise obtained through the
site is done at your sole discretion and risk and you
are solely responsible for any damage to your computer
system or loss or corruption of data that results or
may result from the download of any such material,
including any damages resulting from computer viruses.
No advice or information, whether oral or written,
obtained by you from ThePopLook.com or through or from
the site shall create any warranty or condition not
expressly stated herein.
Under
no circumstances shall ThePopLook.com be held liable
for a delay or failure or disruption of the content or
services delivered though the site resulting directly
or indirectly from acts of nature, forces or causes
beyond its reasonable control, including without
limitation, internet failures, computer,
telecommunications or any other equipment failures
electrical power failures, strikes, labour disputes,
riots, insurrections, civil disturbances, shortages of
labour or materials, fires, flood, storms, explosions,
acts of god, acts of terrorists, war, government
actions, orders of domestic or foreign courts or
tribunals or non-performance of third parties.
APPLICABLE
LAW
This
Site is created, owned and controlled by ThePopLook.com
in Malaysia. The Terms and Conditions shall be
governed and interpreted in accordance with the laws
of Malaysia without giving effect to any principles of
conflicts of laws. Those who choose to access the Site
do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local
laws are applicable.
By
visiting or using the Site or by placing an order
through the Site you hereby irrevocably accept, agree
and consent to the exclusive jurisdiction of the
Courts in Malaysia in all disputes, controversies or
differences of whatsoever nature which may arise, out
of or in relation to the Terms and Conditions, or the
breach hereof relating to the use of the Site.
ACCURACY
OF INFORMATION
We attempt to be as accurate as possible when
describing our products on the Site. However, to
the extent permitted by applicable law, we do not
warrant that the product descriptions or other content
available on the Site is accurate, complete, reliable,
current, or error-free.
MODIFICATION
AND DISCONTINUANCE
We
reserve the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the
Site and the Terms and Conditions (or any part
thereof) with or without notice to you. The amended
and restated Terms and Conditions will be posted on
the Site and shall be effective immediately upon
posting. Posting by ThePopLook.com of the amended and
restated Terms and Conditions and your continued use
of the Site shall be deemed to be acceptance of the
amended terms. You agree that ThePopLook.com shall not
be liable to you or to any third party for any
modification, suspension or discontinuance of the
Site. Please also review our other policies posted on
the Site. These policies also govern your visit to ThePopLook.com’s website.
WAIVER
OF CONDITIONS OF USE
The
failure of ThePopLook.com in any one or more
instances to insist upon performance of any of the
terms or conditions contained herein, or to exercise
any right or privilege hereunder, or the waiver by ThePopLook.com
of any breach by you, of these terms or
conditions of sale, shall not be construed as
thereafter waiving such terms and condition, rights of
privileges, and the same shall continue and remain in
force and effect as if no failure or waiver had
occurred.
LINKS
TO OTHER WEBSITES
Links
to third party websites on this Site are provided
solely as a convenience to you. Please exercise
discretion while browsing the Internet using this
Site. If you use these links, you will leave this
Site. ThePopLook.com has not reviewed all of
these third party sites and does not control and is
not responsible for any of these sites or their
content. Thus, ThePopLook.com does not endorse or
make any representations about them, or any
information, software or other products or materials
found there, or any results that may be obtained from
using them. If you decide to access any of the third
party sites linked to this Site you do this entirely
at your own risk. ThePopLook.com will not be
responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such
content, goods or services available on or through any
such site or resource.
INTELLECTUAL
PROPERTY RIGHTS
ThePopLook.com
is the sole owner or lawful licensee of all the rights
to the Site and all information, text, messages,
illustrations, images, logos, designs, icons,
photographs, programs, music, sound, video clips,
directories, files, databases, listings or other
materials available on or through the Site
(collectively the "Content"). The Site and
the Content embody trade secret and intellectual
property rights protected under worldwide copyright
and other laws. All title, ownership and intellectual
property rights in the Site and the Content shall
remain with ThePopLook.com, its affiliates or licensors
of the Content, as the case may be. All rights not
otherwise claimed under this Terms and Conditions or
by ThePopLook.com are hereby reserved. “ThePopLook.com",
"ThePopLook.com" and related icons and logos
of ThePopLook.com in various jurisdictions are
protected under applicable copyright, trademark and
other proprietary rights laws. The unauthorised
copying, modification, use or publication of these
marks is strictly prohibited.
NOTICES
AND COMMUNICATIONS
When
you visit the Site or send e-mails to us, you are
communicating with us electronically. You consent to
receive communications from us electronically. We will
communicate with you by e-mail or by posting notices
on the Site. You agree that all agreements, notices,
disclosures and other communications that we provide
to you electronically satisfy any legal requirement
that such communications be in writing.
SEVERABILITY
If
any provision of the Terms and Conditions shall be
unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these
terms and shall not affect the validity and
enforceability of any remaining provisions.
ENTIRE
AGREEMENT
The
Terms and Conditions constitute the entire agreement
between you and ThePopLook.com and govern your
use of the Site, superseding any prior agreements
between you and ThePopLook.com (including, but
not limited to, any prior versions of the Terms and
Conditions). You also may be subject to additional
terms and conditions that may apply when you use other
ThePopLook.com services, third-party content or
third-party software. Any assignment or transfer of
either the Terms and Conditions or any right granted
hereunder is strictly prohibited.
HEADING
The
headings of each of the Terms and Conditions are for
convenience of reference only and shall not form part
of the Terms and Conditions. Such heading shall be
ignored in the interpretation or construction of any
of the Terms and Conditions.