Terms and Conditions of Conversational Commerce

Effective Date: 1 October 2021
  1. General Provisions
    1. ESTEE LAUDER MALAYSIA SDN. BHD., an affiliate of The Estée Lauder Companies Inc. (NYSE:EL) and incorporated under the laws of Malaysia with its registered office at Level 21, Suite 21.01, The Gardens South Tower, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur, Malaysia (hereinafter “we” or “us” or “our”), offers products of Jo Malone London (hereinafter the “Products”) for sale and certain services (including but not limited to virtual consultation) directly to consumers in Malaysia (hereinafter “you” or “your”) through the Conversational Commerce Platforms (as detailed below). The sale of the Products and the provision of services through the Conversational Commerce Platforms is subject to the following terms and conditions, as amended from time to time (hereinafter the “Terms of Sale”).

      The Conversational Commerce Platforms refer to (i) Jo Malone London’s official accounts on certain messaging and/or social media apps, including but not limited to WhatsApp (Tel: +60321450188) and Facebook, Facebook Messenger, Instagram (hereinafter collectively, the “Third-Party Apps”) which enable you to have a real-time chat with our Jo Malone London Stylists, or through a chatbot, for exploring our Products/services and/or placing an Order (as defined below); and (ii) other third-party software technology platform(s) engaged by us for communicating the Products information and/or facilitating the Order generation and completion.
    2. Before confirming and submitting an Order each time, please carefully read the Terms of Sale, our Privacy Policy and other promotional terms which are made available to you from time to time. We reserve the right to amend or replace the Terms of Sale, the Privacy Policy and/or other promotional terms at any time. Any amendments or replacements shall only be effective in respect of the Orders made after the date when such amended or new versions of the Terms of Sale, the Privacy Policy and the relevant promotional terms are published and made available to you and come into effect.
    3. Each Order, the then-current version of the Terms of Sale, together with the then-current version of the Privacy Policy and other promotional terms (if any) constitute the entire and complete contract between you and us governing the sale and purchase of the Product(s) and the provision of the services through the Conversational Commerce Platforms and they supersede and replace any and all prior understandings, communications and proposals whether oral or written, between you and us with respect to the sale and purchase of the Product(s) and/or the provision of the services through the Conversational Commerce Platforms. By submitting the Order, you shall be deemed to accept and agree to comply with the Terms of Sale, the Privacy Policy and such other promotional terms (if any) with regards to the performance of the contract in relation to the sale and purchase of the Product(s) and/or the provision of the services through the Conversational Commerce Platforms.  
  2. Eligibility
    1. You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase of the Products or book a service through the Conversational Commerce Platforms. If you are under 18 years old or the age of majority in your jurisdiction, you may not make such purchase or book a service through the Conversational Commerce Platforms.
    2. We must limit each Order to eight (8) units of any single item, with a maximum purchase of fourteen (14) items per Order. In addition, we must also limit the Orders to no more than three (3) Orders per consumer per day.

      The Products and services made available to you hereunder, and any samples thereof which we may provide to you at our discretion, are for personal use only. You may not sell or resell any of the Products or samples that you purchase or otherwise receive from us respectively. We reserve the right, with or without notice, to cancel or reduce the quantity of an Order to be fulfilled or the Products or services to be provided to you that we believe, in our sole discretion, may result in the violation of the Terms of Sale.
    3. We only deliver to addresses within Malaysia. Any Orders placed for delivery to addresses outside Malaysia will be automatically cancelled.​
  3. Products Information and Availability
    1. We may share with you, through the Conversational Commerce Platforms, certain information of our Products and/or our promotions, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, button icons, images, audio clips, data compilations, and the compilation and organization thereof (hereinafter collectively, the “Content”). All information on the Conversational Commerce Platforms is an invitation for you to make an offer (i.e. an invitation to treat only) and does not amount to an offer or a unilateral contract.
    2. We endeavor to be as accurate as possible when describing our Products and providing information through the Conversational Commerce Platforms; however, to the maximum extent permitted by applicable law, we do not warrant, whether express or implied, that the Product descriptions, colors, information or other Content made available are accurate, complete, reliable, current, or error-free.
    3. The Conversational Commerce Platforms (including but not limited to the order form pages) may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and/or availability, and we reserve the right to cancel or refuse to accept any Order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
    4. All Products should be used strictly in accordance with their instructions, precautions and guidelines. We also recommend that you check the ingredients of the Products to identify any sensitivities and to avoid potential allergic reactions prior to using the Products.
    5. We do not guarantee the availability of the Products offered on the Conversational Commerce Platforms as they are subject to stock limits and availability. We reserve the right to vary the Products offered for sale on the Conversational Commerce Platforms at any time without any notice.​
  4. Orders Submission and Acceptance
    1. Before placing an Order, you shall select and add to your shopping cart the Product(s) of interest and your preferred color, size, style and quantity, and follow the instructions which will direct you to the order form page. Alternatively,  you can communicate to our Stylists the Product(s) of interest and your preferred color, size, style and quantity, our Stylists will then help you add the selected Product(s) to your shopping cart and send you a check-out link which will direct you to the order form page.
    2. To submit an order for purchasing the selected Product(s) at your shopping cart (hereinafter the “Order(s)”), you will be required to (i) review the summary of the information on the essential characteristics of each Product selected; (ii) fill in the order form with your personal information, including name, contact number, email address, shipping address  and billing address; (iii) read and accept the Terms of Sale and the Privacy Policy by ticking the relevant check box; and (iv) successfully complete the payment online. An Order confirmation email and/or message will be sent to you when the Order submission is completed.

      You shall be responsible for the accuracy, completeness and truthfulness of any data provided by you at the time of submitting the Order. The personal information that you provide to us during the Order submission will be processed in accordance with our Privacy Policy.
    3. Each Order submitted and paid by you to us is an offer to purchase the Product(s) listed in that Order subject to the Terms of Sale. All Orders submitted are subject to acceptance by us.

      We will review your Order and if satisfied with your Order, dispatch the Product(s), usually within three (3) business days from the date of your Order submission. At this point, we will send you an email and/or message confirming that (a) the Order has been accepted; and (b) the Product(s) have been shipped (hereinafter the “Shipping Confirmation”). A purchase contract for the Product(s) is formed only upon us sending you the Shipping Confirmation.
    4. We reserve the right not to accept the Order (or any part thereof) placed by you for any reasons at our sole discretion. For instance, an Order made for a Product which is not available, or an Order that we believe may result in the violation of the Terms of Sale. Our decision as to the non-acceptance or cancellation of any Order shall be final and binding on you.

      In the event of non-acceptance of any Order, we will inform you, by email or via the Third-Party Apps within three (3) business days from the date of receipt of the Order, of the non-acceptance of the Order. In such case, such Order shall be deemed to have not been accepted by us and no contract shall be deemed to have been entered into between you and us. You will be promptly reimbursed the amount paid to us in respect of an Order which is not accepted by us. If the non-acceptance is only partial due to the unavailability of some of the Products ordered, you willonly be charged for the price of the Product(s) actually purchased, and we shall promptly reimburse to you the purchase price for those Product(s) which are not available.
    5. If you would like to change or cancel the Order after it has been submitted, please contact us via WhatsApp. We will do our best to accommodate your request. However, once the Order has been accepted by us in the manner described in this Clause 4, we regret that such Order cannot be changed or cancelled. You may refer to the Returns, Refunds and Exchanges section below if you are eligible for a return, refund or exchange.  ​
  5. Prices and Payment
    1. ​Prices shown on the Conversational Commerce Platforms are in RINGGIT MALAYSIA and are inclusive of applicable taxes, but do not include any applicable shipping or delivery fees or gift-wrapping charges. Delivery fees will be charged where applicable and will be included in the total amount of the Order.
    2. While we endeavor to make our best efforts to provide accurate and timely pricing information, errors, including typographical errors, may occur. If an error in the price of the Product ordered is identified before the Shipping Confirmation is sent, we will contact you and provide you with options of either re-confirming the Order at the correct price or cancelling it (wholly or partially, as the case may be). If we are not able to contact you, we will cancel the Order, notify you of such cancellation and the error in the price of the Product, and arrange for a refund to be made to you. In any event, we will not be obligated to accept an Order with an incorrect price.
    3. You may pay for your Order using a credit card (Visa, Mastercard, UnionPay), online banking (Affin, Agro, Alliance, AmBank, Bank Islam, Bank Rakyat, BSN, CIMB, HLB, HSBC, KFH, M2U, OCBC, PBB, RHB, SCB, UOB, Muamalat) or such other acceptable digital payment methods (e.g. Boost, GrabPay, Maybank QR, Mcash, NetsQR, ShopeePay, Touch ‘N’ Go eWallet) available on the Conversational Commerce Platforms. Competent third-party payment gateway providers may be engaged to facilitate online payment and provide secured payment links.

      You confirm and warrant that you are the owner of, or have been authorized by the owner to use, the bank account or credit card or digital payment account used by you to pay for your Order. We take no responsibility for and are not under any duty to verify your ownership or authorization to use such accounts or cards.

      All payments are subject to verification and/or authorization by card issuers and/or digital payment service providers. If the issuer and/or digital payment service provider does not authorize your payment, we will not be able to accept your Order and we will not be liable for any delay or failure to deliver the Product(s) arising from the same.

      For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any Order that does not satisfy these criteria.
    4. We will not be responsible for any charges or such other amounts which may be applied by your bank, card issuer or digital payment service provider as a result of our processing of your selected payment method in accordance with your Order.​
  6. Order Processing and Delivery
    1. The Product(s) which you purchased will be delivered to an address within Malaysia provided by you in the Order.  
    2. Your Order will be processed and delivered on business days only (Monday through Friday, excluding public holidays in Malaysia). Any Order submitted on public holidays or weekend days will be processed on the following business day.
    3.  With respect to Product(s) delivery:
      1. For security reasons, we are unable to deliver the Product(s) to a P.O Box address.
      2. An Order can be delivered to one Malaysian address only as stated in your Order. If you require sending the Products purchased to multiple addresses, we suggest that you place a separate order for each address.
      3. Product delivery will be carried out by the designated courier service providers, Ninjavan/GDEX for the last-mile delivery and SkyNet for the reverse pick-up.  
      4. The Shipping Confirmation will contain courier tracking details provided the couriers mentioned above and a link to track your order. Once the Product(s) have been shipped out, any changes in the address or other relevant request shall be arranged by you with the Couriers directly by contacting their customer service. Any additional incurred expenses in connection thereof shall be borne by you.
      5. Any estimated arrival date or schedule provided is for information purpose only and subject to, among others, stock availability, volume of the Orders processed and the Couriers’ capacity which is beyond our reasonable control.
      6. While we shall use reasonable efforts to verify with you the correct delivery address, if necessary, we shall not be responsible for any delay in delivery or failure to deliver the Product(s) if the delivery address provided by you is incorrect or incomplete. In the event that the Courier is unable to deliver the Product(s) to the addresses indicated by you in the Order within five (5) days after its first delivery attempt, we reserve our right to terminate the contract. In such circumstance, we will notify you of the failure to deliver the Products and the termination of the contract, and refund to you the purchase price actually paid by you for the Product(s) (excluding delivery fees, if any).
      7. Your signature or signature of any third-party adults designated by you may be required upon delivery of the Product(s). Neither we nor the Couriers service provider shall be responsible for verifying the identity of the person signing to accept delivery of the Product(s).
      8. We suggest you check the following when you receive the Order package: (i) whether the packaging is intact and not damaged; and (ii) whether the Product(s) delivered match your Order. In case of damaged, defective or incorrect items, please contact us immediately via email at support@jomalone.com.my or call us at 1800-180-742.  
    4. The risk of loss of or damage to the Product(s) shall be borne by you from the moment that the Products are shipped to you.​
  7. Returns, Refunds and Exchanges
    1. We hope that you are delighted with your Order placed through the Conversational Commerce Platforms. However, if for any reason you are not satisfied with the Product(s), you may return any item in its original condition for a full refund or exchange within seven (7) business days from receipt of the Product(s) in accordance with the provisions of this Clause 7.
    2. The Product(s) to be returned must be unopened and in their original packaging. Any Products which have been opened and/or used are not eligible for returns. If the return is requested based on personal reason (other than as a result of a defective Product), the postal/shipping fee (if any) shall be borne by you solely. The returned Product(s) must be wrapped in a proper package and sent back to the address specified by us. You must also follow the Returns Process set out in Clause 7.3 below.
    3. Returns Process  
      1. Please submit your return request to Jo Malone London’s account on the Third-Party Apps where you placed your Order. Our Stylists may request for the following information for verification purposes:
        1. Order number;
        2. Purchasing date;
        3. Product name and quantity which need to be returned; and
        4. Reason for return and your preferred option (refunds or exchanges).  
      2. If your return request has been accepted by us, we will appoint an assigned Courier to collect the returned Product(s) at your designated location and on your available pick-up time, both of which are to be confirmed by you at least five (5) business days in advance prior to the collection of the returned Product(s).  
      3. Before a return or pick-up, you must carefully pack the items into a box and include the original receipt or packing slip. Please ensure that the returned Product(s) are unopened and returned in the original packaging, with all the relevant accessories and inserts.

        ​We cannot accept returned Products that we reasonably believe have been used. In such circumstances, we will notify you that no refunds will be available and will return such Products to you within twenty-eight (28) days of our notification.
    4. Acceptance of refunds and/or exchanges will be processed within ten (10) business days upon our receipt of the complete set of the returned Products.

      In an exchange case, if we are satisfied with the state and condition of the returned Products, we will ship the exchanged Product(s) (subject to stock availability) to your designated address, subject to Section 6 above. No further exchange will be allowed unless the exchanged Product(s) are found damaged or defective upon delivery, in which case you will need to comply with the provisions of this Clause 7 in relation to the exchange of such damaged or defective Products.

      In a refund case, if we are satisfied with the state and condition of the returned Products, we will refund the purchase price paid by you for the Products (excluding the initial delivery charge and/or gift-wrapping charge, if any) and such refund will be credited to the original form of payment made by you for such Products. Please note that the refunds can take up to thirty (30) business days from the date when we submit the refund application via the relevant method of payments, due to varying processing times of payment providers. The time to post a credit to your account is determined by your bank. Please contact your own bank for details.​
  8. Special Features, Functionality and Events
    1. We may, from time to time, offer via the Conversational Commerce Platforms certain special offerings or events (such as promotions, contests, sweepstakes or other offerings) which may be subject to other terms of use, rules and/or policies in addition to or in lieu of the Terms of Sale. If so, we will notify you of these terms, rules and policies. If you choose to take advantage of these offerings, you agree that your use of or participation in such offerings may be subject to such additional or separate terms of use, rules and/or policies.
  9. Disclaimer of Warranties; Limitation of Liability
    1. THE CONVERSATIONAL COMMERCE PLATFORMS ARE PRESENTED “AS IS”. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF SALE OR THE CONVERSATIONAL COMMERCE PLATFORMS OR ANY OF THE CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.  
    2. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE CONVERSATIONAL COMMERCE PLATFORMS; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD-PARTY LINKS ON THE CONVERSATIONAL COMMERCE PLATFORMS; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE CONVERSATIONAL COMMERCE PLATFORMS, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

      FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE CONVERSATIONAL COMMERCE PLATFORMS OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED US DOLLARS (US$100.00)(OR ITS EQUIVALENT IN LOCAL CURRENCY AS APPLICABLE).
    3. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF, OR RELATED TO, THE USE OF THE CONVERSATIONAL COMMERCE PLATFORMS OR THE TERMS OF SALE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.​
  10. Third-Party Apps, Sites and Links
    1. The conversational commerce model hereunder is significantly dependent on the interactive services provided by the Third-Party Apps. While our Terms of Sale may provide guidelines in connection with such interactive services involving the Third-Party Apps, we do not possess control of these Third-Party Apps. The Terms of Sale do not apply to companies that we do not own or control, or to the actions of people that we do not employ or manage. You should also check the terms of use posted on the Third-Party Apps.

      To the fullest extent permitted by applicable law, we are not responsible for the content of any third-party websites or links including the Third-Party Apps. Third-Party websites or links appearing on the Conversational Commerce Platforms are for convenience only. Your use and access of these third-party websites or links including the Third-Party Apps is at your own risk. To the fullest extent permitted by applicable law, we are in no way responsible for examining or evaluating, and we do not warrant the offerings of any third-party websites or links including the Third-Party Apps, nor do we assume any responsibility or liability for the actions, content, products, or services of such third-party websites or links including the Third-Party Apps, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions (if any) of all these third-party websites or links that you visit, including the Third-Party Apps.​
  11. Your Obligations and Responsibilities; Indemnification
    1. By accessing or using the Conversational Commerce Platforms or any Content, you agree that you will comply with the Terms of Sale and any warnings or instructions otherwise made available to you. You agree that when accessing or using the Conversational Commerce Platforms or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Conversational Commerce Platforms or any Content or services that may appear on the Conversational Commerce Platforms and may not impair in any way the integrity or operation of the Conversational Commerce Platforms. Without limiting the generality of any other provision of the Terms of Sale, if you default negligently or willfully in any of the obligations set forth in the Terms of Sale, you shall be liable for all the losses and damages that you may cause to us, our parents, subsidiaries, affiliates, partners or licensors.    
    2. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (hereinafter the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Conversational Commerce Platforms or any Content (including the User Content as defined herein), or any of our Products or services purchased on the Conversational Commerce Platforms, or your breach of the Terms of Sale. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.​
  12. Intellectual Property
    1. The Content is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by applicable laws, including laws governing copyrights and trademarks. Except as required under applicable law, the Content may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.​
  13. User Content
    1. When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (hereinafter the “User Content”) through the Conversational Commerce Platforms in any manner, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing the Products.  
    2. You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available the User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.  
    3. We are in no way responsible for examining or evaluating the User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted and therefore, we do not guarantee the accuracy, integrity or quality of the User Content. You understand that by using the Conversational Commerce Platforms, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Conversational Commerce Platforms. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the User Content.  
    4. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provisions of the Terms of Sale, we have the right to remove any User Content that violates the Terms of Sale or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate the Terms of Sale or infringe the rights of others.  
    5. If you wish to delete certain public User Content posted by you, such as your posting(s), on our website or in connection with our mobile applications (if any), please contact us by email at support@jomalone.com.my and include the following information in your deletion request: first name, user name/screen name (if applicable), email address, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to ten (10) business days to process your deletion request. We also note that it may not be possible to entirely delete posting(s) because cached web pages may continue to exist.
  14. Copyright Infringement Notice
    1. We respect the intellectual property of others and require that users of the Conversational Commerce Platforms do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the use privileges of users who are repeat infringers of intellectual property rights. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed; (ii) identification of the copyrighted work(s) that you claim has been infringed; (iii) a description of the material that you claim is infringing; (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

      You can contact our designated agent for notifications of claimed infringement at:

      Copyright Agent c/o Legal Department
      The Estée Lauder Companies Inc.
      767 Fifth Avenue
      New York, NY 10153
      Phone: 212-277-2322
      Fax: 212-277-2355
      Email: copyright@estee.com

      NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO support@jomalone.com.my.​
  15. Consent to Receive Notices Electronically
    1. You hereby consent to receive any agreements, notices, disclosures and other communications (hereinafter collectively, the “Notices”) which arereferenced in the Terms of Sale from us electronically including without limitation by the Third-Party Apps or by e-mail. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at support@jomalone.com.my.

      Please note that this consent to receive Notices is entirely separate from any election you may make with respect to the receipt of marketing communications. Your options with respect to the receipt of marketing communications are set forth in our Privacy Policy.
  16. Governing Law and Dispute Resolution
    1. With respect to any dispute, claim or controversy regarding the contract herein between you and us, all rights and obligations and all actions contemplated by the Terms of Sale shall be governed by the laws of Malaysia.

      The abovementioned dispute, claim or controversy shall be referred to and finally resolved by confidential arbitration in Malaysia and you agree to submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.

      Arbitration hereunder shall be administered by the Asian International Arbitration Center (“AIAC“) under the AIAC Arbitration Rules in force at the time of commencement of the arbitration. The law of this arbitration clause shall be Malaysia law. The place of arbitration shall be Kuala Lumpur, Malaysia. The number of arbitrators shall be three. The arbitration shall be conducted in English language. The arbitrators' award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you agree that any arbitration or proceeding shall be limited to the dispute between you and us individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.​
  17. Miscellanea
    1. Nothing contained in the Terms of Sale shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. 
    2. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 
    3. In the event that any part of any provision of the Terms of Sale shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such part will be ineffective to the extent of such unenforceability or invalidity only and it shall not render the Terms of Sale unenforceable or invalid as a whole. The Terms of Sale shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. 
    4. The headings in the Terms of Sale are for convenience only and shall not be used in their interpretation. 
    5. The Terms of Sale is drafted in the English language. If it is translated into or otherwise prepared in any other language, the English language text shall prevail in the event of any discrepancy or conflict. 
    6. If you have any questions regarding the Terms of Sale, please email us at support@jomalone.com.my.
 

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