Terms and Conditions
1. OVERVIEW
Please read the following terms and conditions carefully which shall apply to all visitors or users of this website. By using this website, you agree to comply with the terms and condition, and to use this website only in a manner consistent with terms and conditions, as may be modified by us at any time. In the event of a violation of the terms and conditions, we reserve the right to seek all remedies available by law and in equity.
Please check these terms and conditions of use regularly for updates. Your continued use of the website following the posting of changes to these terms and conditions of use constitutes your acceptance of those changes.
2. USE OF INFORMATION AND MATERIALS
The information contained in this website is provided for general information purposes only, on “as is” and “as available” basis. Flash Gadgets // Foto Flash Sdn Bhd (hereinafter,”us”,”we”, or Flash Gadgets // Foto Flash Sdn Bhd) makes no representations or warranties of any kind, whether express or implied, about the completeness, accuracy, reliability, suitability or availability of the website or the information, products, services, or related graphics contained on the website for any purpose
Flash Gadgets // Foto Flash Sdn Bhd also does not represent or warrant that this website will be accessible on a timely basis, or that access to this website will be uninterrupted or error free.
In no event will Flash Gadgets // Foto Flash Sdn Bhd be liable to any party for any loss or damage including without limitation, direct, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits as a result of, or in connection with, the use of this website or any other hyperlinked websites. By continuing to use this website you are deemed to have understood and agreed to the aforementioned disclaimer.
3. LICENSE, COPYRIGHT & OWNERSHIP OF CONTENT
All material, information and content offered by Flash Gadgets // Foto Flash Sdn Bhd in this website are protected by copyright and other applicable laws. You are granted permission to download, store and use the content of this website for your own personal and non-commercial use only and under the condition that you do not change the materials or remove any copyright or other proprietary rights notices in the materials. Any other use is strictly prohibited unless prior written consent from Flash Gadgets or the copyright owner is obtained.
4. USER’S SUBMISSIONS
Anything that you submit to the website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the website, you also hereby agree to grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise with purpose of misleading us or any other third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
5. LINKS TO OTHER SITES
This Website may contain links to other external websites operated by third parties (“Third Party Sites”). Unless expressly stated, Flash Gadgets // Foto Flash Sdn Bhd is not affiliated or associated with the Third Party Sites or their products and/or services or their sponsors. In addition, certain Third Party Sites also may provide links to this Website. None of such links shall be deemed to imply that Flash Gadgets endorses, recommends or sponsors the Third Party Sites or their products and/or services or any content therein.
We do not have control over the content or availability of these said sites and are not responsible for any content in the said third party sites. Any information that you may provide on the Third Party Sites are subject to their security and privacy terms, not Flash Gadgets // Foto Flash Sdn Bhd. Please note therefore that access to any Third Party Sites is at your own risk and F&B Equipment shall have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content.
6. INDEMNIFICATION
You hereby agree to fully indemnify and hold harmless Flash Gadgets // Foto Flash Sdn Bhd (its related and associates companies and their affiliates, or any of their officers, directors, employees, agents, representatives) from any and all liability arising from your violation of these Terms of Use, or any circumstances related to your negligence or wrongful conduct when using this Website.
7. ORDER ACCEPTANCE
Order acceptance between you and us will take place on the delivery of the products ordered by you unless we have notified you that we do not accept your order.
Non-acceptance of an order may be a result of one of the following:
· The product that you have ordered is currently unavailable/ not in stock
· Our inability to obtain authorization for your payment
· The identification of a pricing or product description error
For the avoidance of doubt, risk of damage to or loss of the Product shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the Product, the time when we have tendered delivery of the Product.
8. VALIDITY OF PRICE
Prices recorded in the Sales Order/ Invoices are deemed accurate and final at the time of transaction, unless otherwise stated. We reserve the right to adjust the price at any time without prior notice and we are not responsible for any losses as a result of you relying on our website prices for any other purposes, such as tendering for projects, quoting customers, etc. All prices, including any price adjustments for long-term assignments, and all costs documented in an order confirmation, will be valid for a term that is determined in the order confirmation. If no term is shown in the order confirmation, the prices stated will be valid for thirty (30) calendar days, from the date of the order confirmation.
9. PAYMENT
You may pay for the product using any of the payment method prescribed by us from time to time. When you place an order, actual payment will only be charged upon acceptance of your Order.
You may not claim against us for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify, discontinue, temporarily or permanently any payment method without notice to you or giving any reason.
10. DELIVERIES OF PRODUCTS
You hereby acknowledge that the delivery of products is subject to availability of the products. Flash Gadgets // Foto Flash Sdn Bhd will make every reasonable effort to deliver the products to you within the delivery time frame stated on the relevant page on which the product is listed, but you acknowledge that while stock information on the platform is updated regularly, it is possible that in some instances a product may become unavailable between updates. All delivery time frame given are estimates only and delays can occur. The time of delivery shall not be of the essence and Flash Gadgets // Foto Flash Sdn Bhd shall not be liable for any delay in delivery howsoever caused.
11. RETURN
If you wish to return the product to us due to any of the following reasons: damaged, defective, wrong item delivered, missing parts, you must contact us immediately. We will evaluate your return request and if everything is in order, our representative will get in touch with you and once approved, we will offer you a replacement of equal specification and value.
12. OUR LIABILITY
We warrant to you that any product purchased from us through the site is of satisfactory quality. Our liability in connection with any product purchased through our site is strictly limited to the purchase price of the product.
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable.
13. TERMINATION
We may limit or terminate our e-commerce quotation generating or add to cart service, remove hosted content and take technical and legal steps to keep users off our website if we think they are creating problems or acting inconsistently with the letter or spirit of our policies.
14. CHANGES TO TERMS OF USE
Please check our Terms of Use periodically for changes as we reserve the right to change the terms and conditions of sale at any time.
15. ADDITIONAL TERMS
Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
16. ACCEPTANCE OF AGREEMENT
YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL THE TERMS AND CONDITION CONTAINED IN THIS PAGE. Flash Gadgets // Foto Flash Sdn Bhd reserves the right, at our sole discretion, to update or make modifications to this Terms of Use or any aspect of this Website, in whole or in part, from time to time without prior notice. Your continued use of this Website after any changes to these Terms of Use are posted will be considered acceptance of those changes.
17. CONTACT INFORMATION
If you have any suggestions or comments please email us at cs@flashgadgets.com.my
18. COPYRIGHT INFORMATION
Copyright © 2023 Flash Gadgets // Foto Flash Sdn Bhd (551305-H). All Rights Reserved. The logos and trademarks displayed on the Website are the sole property of Flash Gadgets // Foto Flash Sdn Bhd. Usage of these marks is strictly prohibited.