Terms and Conditions

ACCEPTANCE OF TERMS

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

The Gist

HiShop operates an online service on the Internet located at http://hishop.my and other online areas owned and operated by us such as Facebook and mobile phone applications (“HiShop” or the “Site”), offering beauty and cosmetic products.

Conditional Use Of Our Site And Services

Your permission to use HiShop is conditioned upon your agreement that you:

Account Maintenance

You are required to create an account with HiShop (either by way of registering directly on our Site or by allowing a HiShop application to connect through your Facebook profile) in order to access certain Services on our Site. By using this site, you represent that you will be responsible for maintaining your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. HiShop will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms of Use. To purchase any Products or use the services on this Site, you must open an account with us and/or provide the required information to us. By entering any information on this Site, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.

Non-Confidentiality And Security

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

Privacy

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

Rules Regarding Information And Other Content

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

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

General Rules Of User Conduct

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

Other Sites

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

Products

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

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

2.       HiShop Points
HiShop Points are a form of HiShop currency that may be applied as a credit towards future HiShop purchases. You earn HiShop points when you make purchases on the Site (RM1 = 1 point). 

HiShop Points that were purchased will be applied toward future HiShop purchases before earned HiShop Points, even if the earned HiShop Points expire first. Additionally, all HiShop Points, whether purchased or earned, may only be applied towards purchases that are in the same currency as the earned or gifted HiShop Points. HiShop Points are not returnable or refundable for cash, except where required by law. Resale of HiShop Points is strictly prohibited.

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

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

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

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

7.       Refunds
We will provide a refund in the form of HiShop Credits if a product you have purchased is found to be faulty or damaged upon arrival. Requests for a refund must be submitted to contact@hishop.my within 14 days of receipt of the item.
 

Termination

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

Disclaimers Of Warranty

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

Limitations Of Liability

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

Indemnity

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

Reservation Of Rights And Release

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

Intellectual Property

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

Copyright Notice

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

Electronic Communications

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

Entire Agreement, Changes To This Agreement And Waivers

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

Governing Law And Dispute Resolution

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

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

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

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

General Terms

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

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

Last updated: 16 January 2014