1. 1.INTRODUCTION

1.1 Welcome to the www.windowfilm.my website. This website is owned solely by Sun Barrier Window Film. 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, Website, Site (“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 “Sun Barrier’s Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://www.windowfilm.my/privacy-policy/. By accessing the Platform and/or using the Services, you agree to be bound by Sun Barrier’s Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Sun Barrier’s 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 Sun Barrier Window Film, a company incorporated in Malaysia and having its registered address at No. 5, Jalan TPP 5/1, Taman Perindustrian Puchong, 47100 Puchong, Selangor, Malaysia (“Sun Barrier Window Film,” “Sun Barrier,” “we,” “us,” or “our”).

1.3 Sun Barrier reserves the right to change, modify, add, or remove portions of these Terms of Use and/or Sun Barrier 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. 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 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. Sun Barrier 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 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 cooperate 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. 3. USER SUBMISSIONS

3.1 You grant us a non-exclusive license 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 on 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 email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

4. 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. 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. Sun Barrier will make a reasonable effort to ensure that shipping information, product prices, product descriptions, and other information on this site are correct. However, Sun Barrier cannot guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. Sun Barrier will not be liable for any loss or damage of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, punitive, and consequential loss or damage.

5.2 Without limiting the foregoing, Sun Barrier 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 Sun Barrier 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 webpage 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.

5.5 The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Sun Barrier and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance, or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

5.6 Nothing in these Terms and Conditions shall exclude or limit Sun Barrier’s Liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other Liability which cannot be excluded or limited under applicable law.

6. 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. 7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use and/or other Sun Barrier 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. 8. TERMINATION

8.1 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 Sun Barrier Terms and Conditions. Upon any termination of these Terms of Use and/or other Sun Barrier 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 passwords 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 Sun Barrier 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 Sun Barrier, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

9. 9. TERMS AND CONDITIONS OF SALE AND PAYMENT

9.1 Sun Barrier may withdraw items from sale and alter prices, products and or details of product specifications at its discretion and without notice. All changes are effective upon posting on this website. Please also take note that actual colors of the products appearing on your monitor may differ according to your monitor’s settings. These terms and conditions should be read with the other terms and conditions applicable to the use of this Platform. 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 Sun Barrier’s acceptance in their sole discretion and each order accepted by the Sun Barrier shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Sun Barrier 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 Sun Barrier shall endeavor (but not obliged) to give effect to on a commercially reasonable effort basis.

9.2 While we make every effort to ensure the accuracy of details, descriptions, and prices on this Site, errors may occur. If an error is found in the price of any Sun Barrier product you've ordered, we will notify you promptly. You'll have the option to re-confirm your order at the correct price or cancel it. If we can't reach you, the order will be treated as canceled. If you cancel before shipment and have paid, a full refund will be issued.

(a) Prices include taxes and are in Malaysian Ringgit. Delivery costs are additional, clearly displayed, and included in the final checkout price.

(b) We aren't obligated to fulfill an order if the website's listed price is incorrect, even after order acknowledgment.

(c) Payment can be made using our listed payment partners or cash on delivery. E-gift cards, store credit, or promotional vouchers can also be used.

(d) E-gift cards and vouchers are applied online at checkout. Physical vouchers won't be accepted. Sun Barrier may refuse the use of promotional codes/vouchers at its discretion.

(e) We encrypt card data for security. Pre-authorization may be done upon order placement, and the card is debited upon order confirmation.

(f) By authorizing payment, you confirm ownership of the card, e-gift card, or promotional voucher and affirm adequate funds or credit for the purchase.

9.3 We reserve the right to withdraw products, edit materials, or content on this Site. While we strive to process all orders, we may refuse to process an order after sending an Order Confirmation, refunding any payment made.

9.4 Prices on www.windowfilm.my apply only to online purchases. Walk-in customers at No. 5, Jln TPP 5/1, Taman Perindustrian Puchong, 47100, Selangor pay the shop's retail price provided by our sales representatives.

9.5 Sun Barrier is not liable if payment options offered become unavailable due to circumstances/reasons, removing the obligation to fulfill orders.

10. DELIVERY OF GOODS/SERVICES

10.1 We aim to deliver products to your specified location and time. We'll notify you of any expected delivery delays, but we won't be liable for resulting losses.

10.2 Risk passes to you upon delivery. Delayed delivery due to your breach transfers risk when it would have occurred without the breach.

10.3 You may be required to sign for delivery, and we'll leave instructions for re-delivery or collection if you're unavailable.

10.4 We deliver in standard packaging, subject to alterations at our discretion.

10.5 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract (for e.g. see 7.8 below), risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you might impact your ability to shop on Sun Barrier in the future.

10.6 If you are not available to take delivery or collection, we may leave a card with instructions for re-delivery or collection.

10.7 If you unreasonably refuse delivery or don't accept it within one week of our attempt, we may charge fees or cancel the order, refunding any payment made.

10.8 In case of a conflict in total cart size for free shipping, the value on the website shall prevail.

Sun Barrier has the right to change any terms and conditions at any time without any further notifications and at our discretion.