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1.1 Terms & Conditions of Website
1.1.1 By accessing and continuing to use and access the By ATCA website at byatca.com and any extensions thereof ("Website") and the products and services available through this Website (collectively, the "Services") you agree to these terms which shall be effective as soon as you access the Website. These Terms and Conditions are a legally binding contract between you and By ATCA. If you do not agree to these terms and conditions then you must not access or use the Website and Services, you should leave the Website and cease use of the Website and Services immediately.
1.1.2 We may change these terms and conditions from time to time and so it is your responsibility to check these terms and conditions regularly. Your continuing use of the Website will demonstrate your acceptance of the amended terms and conditions. If you do not agree to the changes then you should stop using the Website immediately.
1.2.1 Before you can access or use some parts of the Website and Services, you will be required to register with us. When you register with us you confirm your acceptance of these terms and you are also confirming to us that:
(a)you are at least 18 years old and/or capable of forming legally binding contracts under applicable laws;
(b)the information which you provide when you register is true, accurate and complete;
(c)you will keep such information up to date; and
(d)these terms apply to you and you accept them fully.
1.2.2 We reserve the absolute right to refuse your application to register and to cancel your registration for the Website and/or the Services for any reasons whatsoever at our sole discretion at any time.
1.2.3 You are solely responsible for all use of your login details including, without limitation, your e-mail and password and for protecting their confidentiality. Your e-mail and password must not be offensive or vulgar words. You must not share these details with anyone or allow anyone to use your login details. You must immediately notify us of any unauthorised use of or access to your login details. Any activity under or in connection with your login details will be your responsibility, unless you have informed us in advance that your login details are being used without your authorisation and such communication has been acknowledged by us. We shall not be liable for any loss or damages suffered by you in relation to the use of your account.
1.2.4 You will not impersonate any person or entity or to use a false name or a name that you are not authorized to use. You agree not to falsely or inaccurately suggest or indicate any connection, affiliation or relationship with any person or entity and any creation of multiple accounts is an express breach of the Terms & Conditions of this Website.
1.2.5 You will not carry out any activity in relation to the Website or the Services which would or may be considered a criminal offence or give rise to any civil liability or infringe any rights of any third party or which may cause us to face any such liability and nor will you cause or encourage or procure any other person to do so.
1.2.6 When accessing and using this Website and/or the Services you shall comply with all applicable laws and regulations in the country from which you access them and will not do anything which is unlawful.
1.3 Restriction of Access
1.3.1 We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to either some or all parts of this Website and we shall have the right to restrict access to the Website and/or the services at our sole discretion at any time to any registered or non-registered users.
1.3.2 By ATCA does not guarantee continuous, uninterrupted or secure access to any part of Website. The operation of our Website may at any time, with or without prior notice, be temporarily suspended or interrupted for any reasons whatsoever, including but not limited to technical maintenance works (whether routine or non-routine), server or error correction, upgrade or other changes, or for any interference or other factors outside of our control. By ATCA does not ensure that any files or other data downloaded from the Website are free from viruses, malware, trojan horses and other harmful pro-active systems.
1.3.3 By ATCA provides a variety of payment features for the user's comfort and shall endeavour to ensure timely processing of your payment. Where payments involve transfer via online bank accounts and/or involve debit cards and/or credit cards, By ATCA cannot guarantee and makes no representations or warranties as to how long it will take to process the payment as the payment features may be provided by third parties and there are many factors beyond By ATCA's control.
1.4 Applicable Policies
1.4.2 There may be additional terms and conditions that will apply to the purchase of products and to specific portions or features of the Website. This may include promotions, contents or other similar features, all of which terms are made a part of these Terms and Conditions by this reference.
2.1 Formation of Contract
2.1.1 When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Placing a product in your cart will also not constitute acceptance of your order or even after checkout of your order.
2.1.2 A contract between By ATCA and you for the purchase of the products will only be formed when we send you an email notification that your order has been accepted and the transaction is complete
2.2 Title & Risk of Products
2.2.1 Once a contract is formed, the full legal and beneficial title (ownership) in a product shall transfer to you upon By ATCA receiving the full payment of the product in full and after shipping out the product. Thereafter the risk and responsibility shall remain with you. For the avoidance of doubt, By ATCAt reserve all rights to absolutely decline any transaction without stating any reasons whatsoever.2.2.2 Since By ATCA engages third parties to deliver your products, you acknowledge that you are fully assuming all risks in relation to any purchase transactions done while using the Website. You acknowledge that you are also assuming the risks or liability or harm of any kind in connection with subsequent activity of any kind relating to the products, which includes but shall not be limited to any risks in relation to the delivery of the products or services.
2.2.3 By ATCA shall not be responsible or be held liable for any losses, damages, demands, claims, errors, inaccuracies, business disruptions, delays in delivery of the products or costs incurred of any kind that may arise in connection with or as a result of any such risks.
2.3 Currency Conversion & Other Charges
2.3.1 The Website offers a choice to make payment of our Products in several currencies depending on the location you accesspre-selected website view accessed by you on our Website from.
2.3.2 You may be charged an additional fee by your bank or credit card provider for any currency conversion applicable if you opt to pay in a currency that is not offered as an option on the Website. By ATCA has no control over these fees.
3.1 Product Descriptions
3.1.1 All products featured on this Website may be subject to change. Each product on this Website has a product information (detail and description), product measurement and price associated to it in addition to other details mostly provided by third party brands. We do not guarantee that any information (in particular product details, descriptions and prices) are always 100% correct at the time of purchase.
3.1.2 If the Product you receive is different from what has been described on this Website or if the Product is not of a satisfactory quality and you are unhappy with it, please return the product in unused condition with all tags intact. Refer to our returns policy HERE.
3.2 Pricing Policy
3.2.1 Prices quoted on our Website are correct at time of publishing but we reserve the right to vary them up or down for any reason whatsoever.
3.2.2 Despite our best efforts, it is possible that some of the prices on our Website, in stores, or in official By ATCA publications (such as emails, catalogues etc) are incorrect. If this happens, we will, at our discretion, contact you for instructions or confirmation of the correct price, before dispatch or cancel your order and notify you.
3.2.3 We are under no obligation to honour any price quoted on our Website.
3.3 Product Availability
We make every effort to ensure that the products featured on our website are available and in stock, but there may be occasions where certain items might be temporarily out-of-stock. If a product is unavailable at the time of order, we may send an alternative item to you (upon your approval) or offer you a refund.
3.4 Product Sizing
Sizes and measurements quoted are approximate only and are listed as a guide. The actual size and measurements of the products may vary. If the size and measurement of a product is not as described or if the product itself is not as described, please return the product in unused condition with all tags intact. Refer to our Returns Policy.
Please note that you are responsible for all charges that relate to customs or duty that may be applied in certain countries. By ATCA takes no responsibility for these charges or for any delays in your receiving any goods owing to customs' intervention.
4.1 Limitation of Liability
4.1.1 Subject to the paragraph below, if either you or By ATCA fails to comply with these Terms and Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms and Conditions.
4.2.2 We shall not be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever that result from our failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:
(a)loss of income or revenue;
(b)loss of business;
(c)loss of anticipated savings;
(d)loss of data; or
(e)any waste of time, energy or effort expended.
4.2.1 You agree to release, defend, protect, indemnify and hold By ATCA, our affiliates, and our officers, directors, shareholders, agents, and employees harmless from any and all demands, claims, losses, damages, expenses or other liabilities which may arise from your use of the Website or Services or from your breach of any of these Terms and Conditions.
4.2.2 In addition, you agree to release, defend, protect, indemnify and hold By ATCA, our affiliates, and our officers, directors, shareholders, agents, and employees harmless from any and all demands, claims, costs, losses, penalties, damages, expenses or other liabilities of any nature, arising in any manner out of your acts, omissions or negligence whether in tort, contract or otherwise.
By ATCA shall not be responsible for disputes between one or more users, or an outside party. If, by the use of the Website and/or Services you have a dispute with another user, you hereby acknowledge and agree to hold By ATCA, our affiliates, officers, directors, shareholders, agents, and employees harmless and agree to release By ATCA from any and all claims, demands and damages of any kind and nature arising from or in connection with such dispute.
5.1 Breach Of Terms by User
5.1.1 By ATCA reserves the absolute right, in its sole discretion, to immediately suspend or terminate your account and/or access to the By ATCA Website and the Services with or without any prior notification:
5.1.2 Notwithstanding anything to the contrary in these Terms and Conditions, you would also be deemed to be in breach of these Terms and Conditions if:
5.2 Consequences of User's Breach
5.2.1 In the event of any breach by you of these Terms and Conditions, By ATCA reserves the right to suspend and/or terminate your user account and/or access to the Website with or without notice to you.
5.2.2 By ATCA also has the absolute right to restrict, ban or refuse any and all current or future use of the By ATCA Website and any of the Services that may be provided by By ATCA.
5.2.3 Upon suspension or termination, your right to use the features on the Website shall immediately cease and By ATCA reserves the right to remove or delete your information that is available with By ATCA including but not limited to all of your login and account information.
5.2.4 Your right to use the Website immediately ceases upon termination or suspension of your account. You acknowledge and hereby agree that we may immediately deactivate or delete your account and all related information and files in your account and/or prevent any further access to such files or the Website.
5.2.5 By ATCAshall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your user account or any other actions taken by By ATCA in connection with such account termination or suspension.
6.1 Right of Use
6.1.1 All content included on our Website including but not limited to the web site design, photographs, images, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof are either our property or that of third parties and are protected by Singapore and international copyright laws.
6.1.2 All software used on this site is either our property or that of our contractors and/or suppliers and is protected by Singapore and international copyright laws.
6.1.3 Permission is granted to electronically copy and to print in hard copy portions of this Website for the purposes of placing an order with us and using this Website as a shopping resource only. Any other use of materials on this Website including reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without our prior written permission is strictly prohibited.
6.2 Restriction of Use
6.2.1 By ATCA's copyright, trademarks, logos, business name, domain name and rights in trademarks and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of similar domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. The names of actual companies and products mentioned herein may be the trademarks or intellectual properties of their respective owners.
6.2.2 All of By ATCA's rights and remedies are expressly reserved as they exist under the applicable laws.
Any disputes arising from use of this website will be governed by and construed in accordance with Singapore Law and will be subject to the exclusive jurisdiction of the Malaysian Courts.
8.1 Entire Agreement
The Terms and Conditions, including all of the policies applicable by the Terms and Conditions, constitute the entire agreement between By ATCA and you with respect to the use of the Website and Services and supersede any other agreement between By ATCA and you with respect to the Website and/or Services.
8.2 No Waiver
8.2.1 Any failure or delay by By ATCA in enforcing or partially enforcing any provision of these Terms and Conditions will not be construed as a waiver of any of our rights under these Terms and Conditions.
8.2.2 Any waiver by us of any breach of, or any default under, any provision of these Terms and Conditions by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of these Terms and Conditions.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the Term or Terms in question shall not be affected.
8.4 Agreement Survives Termination
All provisions in these Terms and Conditions which by their nature are intended to survive expiration or termination shall survive any expiration or termination of the contract between By ATCA and you.
8.5 3rd Party Rights
A person who is not a party to these Terms and Conditions shall have no right or remedy to enforce any term of these Terms and Conditions and nothing herein shall be construed to grant any such person any rights or remedies to enforce these Terms and Conditions against By ATCA.