Terms & Conditions
These terms and conditions outline the rules and regulations for the use of Amellow Trading Sdn. Bhd.’s Website, Mobile Application and related Services (collectively, the “Services”). By accessing this Service, we assume you accept these terms and conditions in full. Do not continue to use Amellow Trading Sdn. Bhd.’s Service if you do not accept all of the terms and conditions stated on this page. We reserve the right, in our sole discretion, to update or revise these terms and conditions. This agreement shall be construed in accordance with the applicable laws of Malaysia. The Courts at Malaysia shall have exclusive jurisdiction in any proceedings arising out of this agreement.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “<strong?>You” and “Your” refers to you, the person accessing this Service and accepting Amellow’s terms and conditions. “Amellow”, “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Amellow Trading Sdn. Bhd., its parent, its subsidiaries and its affiliates. “Party”, “Parties”, or “Us”, refers to both the Client and Amellow, or either the Client or Amellow. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of Amellow’s stated services/products, in accordance with and subject to, prevailing law of Malaysia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
- Use of the Service
- Membership Eligibility
The Service is available to members who are 18 years and older and who have not been suspended or removed by Amellow for any reason. By becoming a member, you represent that you are of legal age. Membership is available only by a valid invitation to users who have completed the information required by the Service’s registration form. If you do not qualify, you may not use the Service. As a member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Membership is void where prohibited by law.
- Additional Terms and Conditions
Additional terms and conditions may apply to specific portions of the Service or your membership, which terms are made part of these Terms and Conditions by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and Conditions and the terms posted or emailed for, or applicable to, a specific portion of the Service or your membership, the latter terms shall control with respect to your use of that portion of the Service or your membership. The following terms and conditions apply to the applicable features on the Service:
- Membership Reward
You may earn loyalty points (“Reward”) by buying merchandises on the Service through participation in other Amellow activities as Amellow may from time to time determines (“Eligible Activities”) based on the conversion rate determined by Amellow in its sole discretion. Generally, Reward will be credited to a your account upon the completion of a successful transaction or activity approved by Amellow. You are eligible to participate in the Reward system if your account does not expressly exclude you from participation. Transaction not completed on the Service do not qualify for the Reward system. Amellow may at its sole discretion exclude categories of items from the Reward system. Reward has no monetary value, does not constitute your property and cannot be purchased, sold, transferred or redeemed for cash.Subject to Amellow rules and regulation as determined, varied or modified by Amellow from time to time, subject to any cap imposed by Amellow at its sole discretion, you may redeem Reward by sending a request to Amellow and use Reward to offset the purchase price of selected items when making purchases on the Service as advised by Amellow from time to time. All refunds will be subject to Amellow’s Refunds and Return Policy. The Reward you redeem will be deducted from your Reward balance. Each Reward comes with an expiry date. Do check your account details on the Service for Reward balances and expiry date. From time to time, we may tell you that bonus Reward will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make at participating to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time.If you have a dispute in relation to the number of Reward which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one (1) month from the date of the Eligible Activity. We may require you to provide evidence to support your claim. Amellow gives no warranty and accepts no responsibility as to the ultimate tax treatment of Reward. You will need to check with your tax advisor whether receiving Reward affects your tax situation. Amellow reserves the right to (i) discontinue the Reward System at any time at its sole discretion; and (ii) cancel or suspend your right to participate in Reward System, including the ability to earn and redeem Reward at its sole discretion.
- Credit Balances
Any credit balance (including a Reward balance) will be automatically applied to your next purchase of merchandise from the Service. To the extent your credits exceed the amount of your total purchase, such credit balance will remain in your account. If your account and/or membership is terminated for any reason, any credit balances in your account will be immediately cancelled. Account balances are determined by Amellow and such determination is final.
- Online Gift Voucher
Amellow online gift voucher is honoured only on www.amellow.com. Voucher is not exchangeable for cash. Voucher must be fully utilized when making payment. Any unutilized amount of this voucher will be forfeited and shall not be refundable. Voucher cannot be used for more than one transaction on www.amellow.com. Amellow will not be responsible for the loss of the voucher.
- Text Messages
If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from Amellow but charges from your carrier for usage may apply and you are responsible for all such charges.
- Service-Provided Email and Postings
The Service may provide members with the ability to send email messages to others and to post messages on the Service. Amellow has the right but not the obligation to monitor and decline, edit or remove all or any portion of any postings, submissions or content. You agree not to use the Service to post content or other communications that contain (i) political, libellous or otherwise unlawful, abusive or obscene material; (ii) advertisements of any kind; (iii) personal information (such as addresses, phone numbers, etc.); (iv) confidential information of Amellow, its parent, subsidiaries or affiliates; (v) any chain letters; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing. You further agree not to send email invitations to join the Service to people who do not know you or who are unlikely to recognize you as a known contact.
- Membership Reward
- Accuracy of Content; Limitations on Quantity
The information on this Service is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Service at a particular time does not guarantee that the products or services will be available.
- Credit Card Payment
In a credit card transaction, you must use your own credit card. Amellow will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to “prove otherwise” shall be exclusively on the user.
- Proprietary Rights
You acknowledge and agree that the content, materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Service are the property of Amellow and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distributed, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Service. Use of the content and materials for any purpose not expressly permitted in these Terms and Conditions is prohibited. Amellow relies upon a network of independent vendors who supply some of the goods advertised on the Service and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Service, or items advertised on the Service, by our vendors.
Any comments, ideas, notes, postings, messages, suggestions or other communications or information posted on the Service, submitted to Amellow, or otherwise communicated in connection with your use of the Service (collectively, “Submissions”) shall be and remain the exclusive property of Amellow with no further compensation to you. As such, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions.Under no circumstances shall disclosure of any submission to Amellow be subjected to any obligation of confidentiality or expectation of compensation or attribution. By submitting any submission(s) to Amellow, you are waiving any and all rights that you may have in the submission(s) and you agree that any submission(s) by you will not violate any rights of any third party, including copyright trademark, privacy or other personal or proprietary rights. you also agree that no submission(s) by you will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submission(s) you make. You represent and warrant to Amellow that Amellow is free to implement the submission(s) if it so desires, as provided or as modified by Amellow, without obtaining permission or license from any third party. Amellow takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.
- Links to Third-Party Websites; No Implied Endorsements
This Service may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked websites. In no event shall any reference to any third party, third party website(s) or third party product(s) or service(s) be construed as an approval or endorsement by us of that third party, third party website(s) or of any product(s) or service(s) provided by a third party.
By using this Service, you agree to indemnify, hold harmless and defend Amellow, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Service; (ii) your breach of the Terms and Conditions; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defence of any claim. Amellow reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
- Disclaimer of Warranty
The Service, its content and all texts, images, merchandise and other information on, accessible from or available through this Service are provided on an “as available” and “as is” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, Amellow does not warrant that: (i) the information available on this Service is free of errors; (ii) the functions contained on this Service will be uninterrupted or free of errors; (iii) defects will be corrected, or (iv) this Service or the server(s) that makes it available are free of viruses or other harmful components. Amellow reserves the right to cancel orders before delivery if products are not available or any error is detected.
- Limitation of Liability
In no event shall Amellow, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Service be liable to any user of the Service or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the Service or any information contained thereon or stored or maintained by Amellow, whether based upon warranty, contract, tort, or otherwise, even if Amellow has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of Amellow, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Service to you for all damages, losses, and causes of action resulting from your use of this Service, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Amellow in connection with the applicable event, promotion or event giving rise to such liability. without limiting the foregoing, in no event shall Amellow, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Service have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of Amellow.You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Service. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
- International Use
We make no representation that information on this Service is appropriate or available for use outside the Asia region. Those who choose to access this Service from outside the Asia region, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Risk of Loss
The items purchased from our Service are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
- Amellow Affiliates
Amellow is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. Amellow reserves the right to void all services, returns, and other policies for orders and Amellow products that were purchased through unauthorized sellers. Amellow is not responsible for any representations by unauthorized sellers.
- Unavailability of Service; Termination; Fraud
We may alter, suspend, or discontinue this Service in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Service or your account or membership, for any reason, including without limitation, breach of these Terms and Conditions. If at any time, we notify you that your access to and /or use of the Service or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms and Conditions or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
- Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Service infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Service the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. With regards to copyright issues, kindly email to [email protected].
These Terms and Conditions are subject to revision by Amellow. If we deem any of the revisions to be material changes, we will notify you in advance by sending you an email to the last email address you provided to us and by posting notice of the changes to our website. Any changes will be effective upon the earlier of the date specified in such notice or that posting of notice of changes, provided that the changes will not apply to your use of the Service prior to the effective date of the changes. If you do not accept the changes, you should cancel your membership before the effective date of the changes. If any change is found invalid, void or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. You should check for any new notices of changes regularly and stay informed of the Terms and Conditions. Your continued use of the Service after any change, regardless of whether a change was received by you directly, indicates your acceptance and agreement to any such change.