Terms & Conditions
1. Privacy Statement
Our Privacy Statement is set out on the Site and shall apply to You and Your use of the Site and the Service.
2. Amendments to terms and conditions
We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Site. Your continued use of the Site and the Service following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
To purchase Products on the Site, You must create an account and complete all information required by Us. For each account, You must provide a password and a login name and valid email address to contact You. You are responsible to maintain the confidentiality of Your password and login name. Furthermore, You are responsible for any and all activities by You or any other person using Your login name. You may change Your password at any time by following instructions on the Site. It is a condition of creation of an account and use of the Service that: (a) You are residing in Malaysia; (b) You are capable of forming a legally binding contract; (c) You hold a valid email address; (d) You are a corporate body registered in Malaysia, a partnership under the laws of Malaysia, a Malaysian government authority or agency, an association (incorporated or unincorporated) under the laws of Malaysia or an individual who is at least 18 years old; and (e) You are not acting in thecapacity as a trustee of any other person.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee thatthe items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Any order for Products made through the Site is an offer by You to purchase those Products for the price of those Products (together with all applicable Delivery Fees and Taxes) at the time You place the order. You must provide Us with any additional details and/or confirm Your details if requested by Us in connection with any orders. You must provide Us with complete and accurate details when making an order through the Site. It is Your responsibility to comply with all Applicable Laws (including any minimum age requirements) in ordering Products on the Site. We may reject Your order in Our absolute discretion (including, without limitation, where any Product in the order is not available, if there is an error or omission in the price or description of the Product on the Site or payment in respect of the order is unable to be processed). If We reject Your Order, We will endeavour to notify You within a reasonable time. We will send You an email confirmation of each order accepted by Us. We may cancel the whole or any part of an order (including any orders that We have accepted) at any time without any liability to You if: (a) any Product in the order is not available; (b) there is an error or omission in the price or description of any Product in the order on the Site; (c) We reasonably believe You are in breach of any term or condition of this Agreement; or (d) payment in respect of the order is unable to be processed. If we cancel any orders, We will endeavour to provide You with areasonable notice. We will not charge You for that part of an order cancelled by Us.
6. Delivery of Products
We only deliver Products on the Site within certain districts in Malaysia. You agree to comply with all delivery requirements (including, without limitation, any delivery location restrictions) as set out by Us on the Site. For some Products, We may contact You to make arrangements for delivery. We will only deliver Your order if someone is at the delivery address to accept the order. We may require the person accepting the delivery of Your order to provide us with proof of identity and/or the credit card used to pay for the order (if applicable). If no one acceptsthe delivery of Your order at the delivery address, We will endeavour to contact You, or You may contact Us, to arrange for delivery at a different time. We may charge You an additional Delivery Fee for re-delivery of Your order. You acknowledge and agree that any person at the delivery address who receives the Products is authorised by You to receive Your order.
All returns of Products ordered on the Site are subject to Our Returns Policy on the Site.
8. Fees and Charges
We will charge You, and You agree to pay, the price of each Product ordered on the Site together with all Delivery Fees and Taxes and any other fees and charges set out in these terms and conditions. Prices for Products are subject to change from time to time. Subject to these terms and conditions, once We have accepted Your order, We will not change any prices that applies to the Products in that order.Prices for Products may not be the same as the prices in any of Our stores for the same Products and We are not obliged to match any prices in Our stores or those of any third party.
All payments are made by a secure server, which will encrypt each transaction as a security precaution, and all payments must be made in Malaysia Ringgit only. You may pay for an accepted order using Your (a) Visa; (b) MasterCard; displaying a Visa or MasterCard logo; (c) PayPal ; (d) Online Banking: With online banking, you can directly transfer the purchase price to Framelab from your bank account. If We are unable to successfully process payment for Your order, then We may reject or cancel Your order. If You choose to pay by credit/debit card, You authorise Us to debit the amount that is payable for an accepted order from Your nominated credit/debit card. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
We do not represent or warrant that Our Site or the Service will be uninterrupted or error-free or defect-free. We do not represent or warrant to You that any electronic files available through the Site or the Service will be free of Harmful Code.
You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on Your computer system or on the Site. To the maximum extent permitted by law, We accept no liability for any Loss which You may suffer or incur as a result of such activity.
12. Change of Service
We reserve the right to make any changes to the Service considered by Us as necessary or desirable. We will use all reasonable endeavours to give prior notice of such changes on the Site but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Site).
13. Lawful Use
You must use the Site and the Service for lawful purposes only and ensure that Your access to, or use of, the Site and the Service is not illegal or prohibited by law. It is Your responsibility to comply with all Applicable Laws in using the Site and the Service. You agree at all times to deal with any information or Material provided by or accessed through the Site in a manner which complies with all Applicable Laws of Malaysia or of any other relevant jurisdiction.
14. Misuse of information
You must not misuse, in any way, the Site or any Materials posted on the Site (including, without limitation, modifying, copying, reproducing, republishing, uploading, posting, transmitting or distributing in any way the whole or any part of any Materials except as expressly permitted by these terms and conditions or as is reasonably contemplated by, the normal use of the Service). You must not interfere with or disrupt (or attempt to interfere with or disrupt) any servers or networks connected to the Site.
15. Information on the Site
We do not warrant or represent the accuracy, completeness or suitability for Your intended use of any information on the Site. You are responsible for the use of any information obtained from the Site. You should make Your own enquiries to check if the information on the Site is accurate, complete and suitable for Your intended use. All information on the Materials is of a general nature only and is not intended to constitute professional advice. The Site may contain information that includes the views or recommendations of others that are not necessarily Our views. The Site contains links and pointers to internet sites maintained by third parties. These links to third party sites are provided for Your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated organisation, product or services.
To the maximum extent permitted by law, We shall not be liable for any Loss (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by You arising from or in connection with: (a) Your access to, or use of, the Service, the Site, any Materials, or any linked site; (b) any decision or action taken by You in reliance on any Materials; (c) any error or defect in the Site or the Service; or (d) any order for Products. The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded.
17. Statutory Warranties
To the fullest extent permitted by law, Our liability under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into this Agreement by any legislation (Statutory Warranties) is hereby excluded. Where We are liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, Our liability for any breach of such Statutory Warranties shall be limited, at Our option, to one or more of the following: (a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and (b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again. You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.
18. Force Majeure
We accept no liability for any delay or failure to perform Our obligations under this Agreement if such a delay or failure is due to circumstances beyond Our reasonable control.
You agree to indemnify, and keep indemnified, Framelab, its officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with: (a) any breach of any obligation or warranty under this Agreement by You; (b) any willful misconduct by You; or (c) any negligent act or omission by You.
All copyright in the Materials (including, without limitation, text, graphics, logos, icons, sound recordings and software) are owned by Framelab and its licensors. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act or except as expressly permitted by these terms and conditions or as is reasonably contemplated by, the normal use of the Service, You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or (b) commercialise the whole or any part of the Materials, without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.
21. Trade Marks
Trademarks used on the Site are trademark or registered trademark of Framelab and Big Neevs Sdn. Bhd., a limited liability company in Malaysia, used under license by Us. If You use any of Our trademarks in reference to Us, the Site or the Service, You must include a statement attributing that trademark to Us. You must not use any of Our trademarks: (a) in or as the whole or part of Your own trademarks; (b) in connection with any business, products or services which are not Ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages Us, the Materials, or the Site.
22. Public Statements
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Us without Our prior written permission.
We may terminate this Agreement, any account created by You on the Site and Your access to the Site if You breach any provision of these terms and conditions. We may, at Our discretion, terminate this Agreement, any account created by You on the Site and Your access to all or part of the Site without the need to provide reasons. Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.
24. General Provisions
If We waive, in whole or part, any rights available to us under this Agreement on one occasion; this does not mean that those rights will automatically be waived on any other occasion. If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from this Agreement, in which case, the remainder of this Agreement shall nevertheless continue in full force. The laws governing this Agreement will be the laws in Malaysia.
In these terms and conditions, unless the context otherwise requires:
Agreement means the Agreement between You and Us comprising these terms and conditions.
Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, the Site and the Service.
Delivery Fee means the fee for the delivery of Products ordered by You. The fee for each order will depend on the net purchase amount and type of Product ordered (in particular, the size and weight of the Product).
Harmful Code means any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.
Loss means any loss or damage of any kind including, without limitation, liability to a third party.
Materials mean any content made available by Us via the Site (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts). Product means each of the goods advertised on the Site.
Service means the supply of Products and related services provided to You by Us through the Site.
Site means the website operated by Us at Framelab.com.my.
Taxes mean all taxes, duties, levies and charges in connection with any Products or any transaction under this Agreement.
We, Us, Our means Framelab.
You, Yourself, Your means any person who uses the Site.
We built our website to provide the simplest and best framing experience possible. You upload an image, we print and frame it, and you receive a high-quality ready-to-hang frame in the mail at areasonable price. In order to keep providing this great service, we have a few rules for what kind of content we accept to print and frame.
In the simplest words possible: you need to have the rights to reproduce every single image you upload into our website (or otherwise share with us for the purpose of printing) in order for us to be able to print it.
By uploading an image into our website (or otherwise sharing it with us for the purpose of printing), you certify that:
- You have all of the necessary rights required to use the image without infringing upon or violating the rights of any third party. These rights include but are not limited to trademarks, copyrights, patents, rights of privacy, rights of publicity, and moral rights.
- The image is not unlawful in any way and does not violate any applicable rule, regulation, or another person’s privacy.
- The image is not obscene, hateful, libellous, threatening, or slanderous.
By uploading an image into our website (or otherwise sharing it with us for the purpose of printing), you further agree that that:
- You will indemnify and release Framelab from all liability (including attorney’s fees and legal costs) for any claims related to the infringement of any third party’s rights by the reproduction by Framelab of the image you upload into our website or share with us for the purpose of printing (whether said claims are alleged or actual).
By uploading an image into our website (or otherwise sharing it with us for the purpose of printing), you certify that you understand:
- Framelab reserves the right to review the image, but receives many such images and cannot always review each one individually.
- Framelab takes no ownership of the content you upload or share with us for the purpose of printing.
- Framelab reserves the right to delete any uploaded or shared file which falls into one or more of the categories forbidden above, and refuse to fulfil any associated order.
- If your image is not blurry and was taken in average lighting conditions with a relatively modern camera, your print is very likely to come out beautiful. If your image is taken with an older camera, or is blurry, or is taken in dark lighting conditions, it may look differently printed than it does on your screen. This is because all screens (unless professionally calibrated) will display images differently. Framelab stays as true as possible to your photo by printing it exactly as we receive it: we do not edit it, nor do we apply any of our own color profiles to it. If your photo was taken in unusual conditions or with unusual equipment and you are concerned about the print quality, please reach out to us and we would be happy to answer all of your questions and help you to get the best print possible.
By uploading an image into our website (or otherwise sharing it with us for the purpose of printing), you also accept and agree to our other Policies, links to which are available in the footer of our website.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER FRAMELAB OR ITS EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, REPRESENTATIVES OR AFFILIATES (THE “FRAMELAB PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE FRAMELAB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES.