TERMS OF USE
Welcome to the Stateel website (the "Site"). Stateel Fitness Sdn. Bhd. (“Stateel”, “our”, “us” or “we”) provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). This Agreement govern your use of: (1) the Site; (2) services provided in connection with the Site; and (3) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content") (collectively referred to as the “Services”).. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH MAY BE REVISED, AMENDED OR UPDATED IN THE SOLE AND ABSOLUTE DISCRETION OF STATEEL FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, SO PLEASE READ THIS AGREEMENT, PRIVACY POLICY, AND ANY OTHER TERMS REFERENCED IN THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Unless informed otherwise, all amendments will be effective upon posting of such updated Agreement. Your continued access to or use of the Services after such posting constitutes your consent to be bound by the amended Agreement. Should you disagree with the amended Agreement, please refrain from further accessing the Services.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Malaysian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or to ensure that you are well enough for physical activities. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORISED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorised use of your password or identification or any other breach or threatened breach of this Site's security.
ORDERING PROCESS
Only successfully registered accounts are able to place orders through the Site. Guest shoppers may only browse but cannot complete placement of orders. Successfully completing placement of an order means browsing our product lists, adding items to the purchase cart, completing the order details (including choosing of delivery slot), and provision of payment details.
The price of the products will be as quoted on the Site at the time you confirm your order subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
Where applicable, a tax (as may be necessitated by the then prevailing laws) will be included in your checkout price.
Each order you make may be subject to a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependent upon, amongst other things, the value of your order, the date and time of your delivery, your delivery address, and the total weight of your order/consignment. Charges may vary from week to week. If your order is considered a large order (as may be determined by Stateel) then we reserve the right to contact you with a bespoke delivery charge.
There will be no contract of any kind between the customer and Stateel unless and until we actually dispatch the product(s) to the customer. Customer’s placement of the order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the product(s) to the customer. At any point up until then, we may decline to supply the goods to the customer without giving any reason. At the moment that the product(s) are dispatched (and not before), a contract will be made between us and the customer, and the customer will be charged for the goods.
PAYMENT
We accept payments via:
- E-wallets offered by such partners as may be published on the Site
- Online banking (including bank transfer, debit cards, and credit cards) as processed through third-party payment channels
Our liability to you in connection with any order will not exceed the total price charged for the relevant product(s).
Stateel takes no responsibility and assume no liability for any loss or damages to you arising from shipping information and/or payment information entered by you or wrong remittance by you in connection with the payment for the items purchased. Stateel reserves the right to check whether you are duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
DELIVERY
Products will be delivered to the advised delivery address at such selected schedule. Customers will be responsible for receiving the same at such selected delivery address at such selected date. If customers, fail to receive their orders at the designated date, Stateel will not be responsible for any damaged, deterioration, missing and/or storage of the product(s).
It is your responsibility to ensure that an appropriate person is available at the delivery address on the delivery day to receive the goods, or special instructions are provided to us to deliver the goods elsewhere (i.e. a neighbour or “safe place”). If no one is at the address when the delivery is attempted the goods will be retained by our courier partner, or delivered to a neighbour or “safe place” as per your instructions.
In the event that you instruct us to leave a delivery unattended at your address we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time.
Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
You shall present valid order document and identity card for verification purpose during receipt of your purchase. We shall at our sole discretion decline/refuse to hand over the order if you fail to provide the necessary information upon request.
You are advised to check, inspect and examine your order/product(s) upon receipt / collection. In the event that the product(s) delivered are damaged, defective or in an incorrect quantity, it will be your responsibility to inform us within 3 days from the time you have received your order with proof of the product(s) that was purchased is in fact damaged or defective. Refunds are handled on a case-by-case basis by our team members at Stateel.
REVIEWS & COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically 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 Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Stateel, or its affiliates, or is being used by Stateel under license. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Stateel or its affiliates. All software used on this Site (the "Software") is the property of Stateel, its affiliates or its Software suppliers. Title, ownership rights, and intellectual property rights of the Content, the Compilation and the Software are all protected by all applicable laws. Stateel (& design, and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Stateel, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Read our Privacy Policy.
RISK OF LOSS; USE OF ACCOUNT
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. If you use a Stateel account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Stateel reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
TERMINATION & EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
You acknowledge and agree that if you deactivate your account or if we suspend or terminate your account, you will lose any information associated with your account, including Content. It is your responsibility to back-up the Content which you upload to the Services. Upon termination, all licenses and rights granted to you in this Agreement will immediately cease.
You agree that all suspensions or terminations shall be made in our sole discretion and upon termination, your right to use the Site and/or Services immediately ceases. We shall not be liable to you or to any third-party for such termination of your account, any associated email address or access to the Site and/or Services. You are not entitled to any compensation or indemnity for loss of rights, goodwill or otherwise, as a result of the termination in accordance with this Agreement.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than Malaysia. This Site may contain products or references to products that are not available outside of Malaysia. Any such references do not imply that such products will be made available outside Malaysia. If you access and use this Site outside Malaysia you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE SET FORTH ON THIS SITE, INCLUDING WITHOUT LIMITATION THE PRODUCT DESCRIPTIONS OF SPECIFIC PRODUCTS, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF MONIES ACTUALLY PAID BY YOU TO US IN RESPECT OF THE ORDER TO WHICH IS IN DISPUTE.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site not operated by Stateel. You should carefully review their privacy statements and other conditions of use and confirm the sufficiency and reliability of any third-party services, and you hereby release Stateel from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such services.
REMEDIES
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
APPLICABLE LAW AND JURISDICTION
You hereby agree that any controversy, claim or dispute arising out of or relating to this Agreement and/or other Stateel terms and conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre held in Kuala Lumpur, Malaysia in accordance with Malaysian law. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.
Any arbitration proceedings shall be conducted in your individual capacity only, and not as a class action or other representative action.
SERVERABILITY
If any these provisions of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
FEEDBACK
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to [email protected] and we aim to respond to the same as soon as possible.
