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TERMS OF USE / TERMS AND CONDITIONS


1. In General

CLOUD. is a company incorporated in Malaysia.

The terms, conditions and notices (hereinafter known as "Terms of Use") stated on this page and other related documents apply to any product and/or services (hereinafter collectively known as "Services") listed and/or rendered to you while accessing and using our website www.cloudofficial.club (hereinafter referred to as the "Site").

By using the Services, you are agreeing to all the terms and conditions related to the usage and access of the Site, as may be updated by CLOUD. from time to time, with or without notice. You should understand that by ordering any of our products, or partaking in any promotions or using the Site for any purpose, you are bound by these Terms of Use. Please check this page regularly to note any changes which may have been made to the Terms of Use. Use and access to this Site are allowed on a temporary basis, subject to CLOUD. discretion and decision.

CLOUD. reserves the right to withdraw and/or amend any information regarding the use of Services without notice. Including access to some parts and/or the entire Site. This also extends to CLOUD.'s online and offline partners. CLOUD. is also not liable if, in any event, the Site is unavailable at any time, or for any period.

This Site may also contain links (hereinafter known as "Linked Sites") to external websites, which are not operated, governed or monitored by CLOUD.. CLOUD. has no control over these Linked Sites and accepts no responsibility for them, the content and services offered, or for any loss or damage that may arise from your use of them. Your use of these Linked Sites is subject to their respective terms of use contained within each site.

"Terms of Use" may be used interchangeably with "Terms and Conditions" on the Site.


2. Privacy Policy

CLOUD.  is committed to protecting the privacy of visitors to this Site. We collect personal information in order to give you a more enjoyable, personal and convenient shopping experience.

The use of this Site signifies that you agree to this Privacy Policy. If you do not agree to this Privacy Policy, please do not use this Site. This Privacy Policy does not apply to the websites to which we are linked.

When you submit your information to us, sign up as a customer on our Site, visit our Site or follow us on social media, you agree and consent to CLOUD., including its related corporations, business units, parents and subsidiaries (hereinafter collectively referred to as the "Group") to use your personal information.

CLOUD.'s collection of customers' information is crucial to the longevity of our business. We will not share or disclose your information to anyone except for approved third-party vendors ("Approved Third-Party Vendors") who are hired for specific functions, including but not limited to order-fulfilling, delivery, postal mail, email, processing of payments and more. These vendors have access to your details, but will not use them for purposes other than the function they have been hired to fulfil.

We may use your personal information to support and enhance your use of the Site, including without limitation: providing customer service; sending you marketing material through Electronic Direct Mailers and Direct Mailers; sending you gifts; fulfilling your order, and any other methods of supporting your use of our Site.

When you sign up with us on our Site, you will automatically be added to our electronic mailing list. You will receive marketing material, the latest offerings, news and offers when you are on our electronic mailing list. If you do not wish to receive such offerings, you can unsubscribe anytime by clicking "Unsubscribe".

In the event of a merger or acquisition or sale involving all or part of our business or as part of a corporate reorganisation, stock sale, we may transfer your personal information as an asset to the acquirer or partner. We may disclose your information in order to comply with any requirement of the law, court order, governmental order or subpoena. In the event that your personal information might be provided to any third party for any reason other than as set forth in this Privacy Policy, you will receive a notice from us.

We reserve the right to amend and update our Privacy Policy whenever we deem fit. All changes to our Privacy Policy will be made here, and your continued use of the Site indicates your consent and assent to the Privacy Policy as posted.


3. Eligibility of Use

To use CLOUD.'s Services, you must be at least 18 years of age, possessing a valid Credit or Debit card issued by a bank acceptable to us at the point of purchase. If you are under 18 years old, you may use CLOUD.'s Services only with the involvement and permission of your parent or guardian.

By using CLOUD.'s Services and confirming a purchase, you have authorised CLOUD. to process a charge or charges on your Credit or Debit or bank account in the amount of the total purchase price for the product(s) purchased. Products purchased by you are for personal or gift use and should not be used for commercial purposes, or to derive any commercial benefit. CLOUD. also reserves the right to restrict multiple quantities of an item being purchased and/or shipped to any one customer or postal address.

With the use of our Services, you have agreed that we may use personal details provided by you to conduct appropriate anti-fraud checks and controls as and when required. Under such circumstances, the personal details you have provided may be disclosed to a credit reference or fraud prevention agency acceptably to us, which may keep a record of the information.


4. Prohibitions

You must not misuse this Site. You shall and will not commit or encourage a criminal offence, transmit or distribute a virus, spyware and/or malware including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site, or its related social media and/or communication platforms, which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of theService and/or Site; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's propriety rights; send any unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any computer facilities of, or accessed throughout this SIte. Breaching this provision would constitute a criminal offence under the Computer Crimes Act 1997. CLOUD. will report any such breach to the relevant law enforcement authorities and appropriate legal action will be undertaken.

CLOUD. will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malware, spyware or any other technologically harmful material that may infect your technological device(s)used to access the Site and/or Linked Sites, computer equipment, computer programs, data, or other propriety material due to your use of the Site and/or Linked Sites, or to your downloading of any material posted on Site and/or Link Sites.


5. Effect

These Terms of Use shall apply at all times, to all orders and contracts made or to be made, when you use CLOUD.'s Services for the sale and supply of products. In any event, when you use the Site, including but not limited to, submitting a purchase order to us, giving any delivery instruction, or accepting delivery of the order, this shall constitute your unqualified acceptance of these Terms of Use. These Terms of Use shall prevail over any separate terms put forward by you. Any conditions that you submit, propose, initiate or stipulate in whatever form and at whatever time, whether in writing, by email, or verbally, are expressly waived and excluded. No other terms shall be binding unless agreed in writing, authorised and signed by CLOUD..


6. Limit On Liability

The information displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, CLOUD. and its suppliers, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failure of this Site and/or Linked Sites and any content posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

We are also not responsible for failure to meet any of our obligations under this Terms of Use where such failure is due to events beyond our reasonable control. Such events include, but are not limited to strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters; the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; the impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation regulations or restrictions of any government, shipping, postal or other relevant transport strikes, failure or accidents. In the circumstance that any of the events last for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a product already paid for by you and not delivered. The refund will be made fully via CLOUD.'s bank account. If we are prevented from fully meeting our obligations due to any of these events, we have the sole discretion of which Contracts we will perform and to what extent. We also reserve the full right on the solution adopted in meeting our obligations under the Contract despite such events. 

These Terms of Use shall not exclude or limit CLOUD.'s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.


7. Indemnity

You agree to indemnify, defend, hold harmless CLOUD., its owner or founder, agents and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Site or your breach of the Terms of Use.


8. Links to the Site

You may link to CLOUD.'s Site, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a  link in such a way to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any site that is not owned by you.

This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.


9. Waiver

Failure or delay by CLOUD. in exercising any rights or remedies stated in this Terms of Use during the term of the agreement does not constitute a waiver of such rights or remedies, or affect any other subsequent event or impair any rights or remedies in respect of it. It does not relieve you from compliance with such obligations. A waiver by us, if any, of any default, does not represent or determine a waiver of any subsequent default.

No waivers of any Terms shall be effective unless expressly stated to be a waiver, communicated to you in writing and authorised by a management representative.


10. Invalidity

If any part of these Terms of Use is determined by any court of competent jurisdiction or competent authority to be invalid, unenforceable or unlawful, the enforceability of any other part of these Terms will not be affected; all remaining terms, conditions and provisions will continue to remain valid, effective and enforceable to the fullest extent permitted by law. So far as possible, the invalid term can be severed to render the remaining part valid and enforceable. You agree that the term shall be rectified, therefore, and interpreted in a way closest to the original meaning of the term permitted by law.


11. Relationship

These Terms of Use shall not be deemed as to create a partnership, agency, contract or a relationship of employer and employee between CLOUD. and you.


12. Governing Law and Jurisdiction

The terms as stated and all contractual and non-contractual obligations arising out of, or connected, to them are governed and construed in accordance with Malaysia Law. In the event of any dispute or claim associated with these terms, the dispute or claim shall submit to the exclusive jurisdiction of the Malaysian Courts. All dealings, correspondence and contacts between CLOUD. and you shall be made or conducted in English or Bahasa Melayu language.


13. Rights To Vary Terms

CLOUD. retain the absolute right and discretion to amend, remove or vary the Terms of Use, any page of this Site or any Services provided at any time, without prior notice. Amendments to these Terms of Use will be posted on the Site. However, use of the Site, including but not limited to browsing of products and make a purchase, will be deemed to constitute acceptance of the current Terms of Use. The responsibility to review the latest Terms of Use is to be undertaken by you each time a new Order is made. Your continued use of the Site indicates your assent to the Terms of Use as posted.


14. Promotional Vouchers

The term "promotional voucher" may be used interchangeably with "voucher" on this Site. You may use promotional vouchers for making payments for products on the Site. Specific details for promotional vouchers are listed below.

To redeem promotional vouchers during your checkout process, please key in the voucher/gift code that you have received from CLOUD. via email, CLOUD.'s social media posts or gift card in the 'Discount Code' box, which is only available on the Site's checkout page. If you received a promotional voucher as a gift, that voucher cannot be used by someone other than you.

In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of that promotional voucher on the Site, we are entitled to close your account and/or require a different means of payment.

We assume no liability for the loss, theft or illegibility of promotional vouchers. In rare cases, we may at our sole discretion discontinue or cancel any promotional voucher previously issued and will not be responsible for any losses arising therefrom.

From time to time we may distribute promotional vouchers that may be used only on the Site, which we will send to you either by email or post:

  1. Promotional vouchers are valid for the specified period stated on the promotional voucher can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted products.
  2.  The credit of a promotional voucher does not accrue interest nor does it have a cash value.
  3. If you place an Order for a product less than the value of the voucher, no refund or residual credit will be returned to you.
  4. If the credit of a promotional voucher is insufficient for the order you wish to place, you may make up the difference using one of our accepted payment methods.


15. Quality Control and Quality Assurance (Product Scrutiny)

All CLOUD. products go through a rigorous process of checking to ensure the best quality of the end product and the final outcome. The main aim of Quality Control and Quality Assurance is to check whether our products meet the specifications and requirements of the customer. If an issue or problem is identified, we will either reject the product at the manufacturing process or fix it before delivering it to the customer.


16. Returns

At CLOUD., we accept returns within 14 working days from the date of receipt, taking note of the following:

  1. That all original tags and packaging are intact for item(s) due for returning.
  2. Return item(s) must be unworn and unwashed.
  3. In the original condition as received.
  4. Returned in the original CLOUD. delivery bag/box.

We will accept all returns as long as they reach us in good condition, in their original state and has met all the criteria stated above. In the unlikely event that an item is returned to us in an unsuitable condition, we may have to send it back to you.

How to return a product to us

To make a return, please:

  1. Request a return form by emailing us at [email protected] no lesser than 14 working days after receiving the item(s).
  2. Check that the product has the original tags and is placed in its original packaging, unworn and unwashed.
  3. The product is in your care until it reaches us. Do return the item using trackable postage and seal it as securely as possible.
  4. Please address the parcel to:

CLOUD.

C-12-15, Hijauan Saujana, Persiaran Golf, Saujana Resort, 40150, Shah Alam, Selangor.

  • For domestic returns, please return the package by your preferred courier. Registered mail is highly recommended. We shall not be responsible for the lost of mail if the return parcel is unregistered.
  • All postal fees are borne by the customer. For verification purposes, please always keep your postal service's receipts and take note of all tracking numbers.
  • Please take care to secure your return parcel as well as possible and send it back with a courier service you trust. CLOUD. is not responsible for missing return products and/or parcels in transit. The return parcel remains in your care until it reaches our office.


17. Full Cash Refund

Upon receipt of your product, we will proceed to check the following:

  1. That all original tags and packaging are intact for item(s) due for returning.
  2. Return item(s) must be unworn and unwashed.
  3. In the original condition as received.
  4. Returned in the original CLOUD. delivery bag or box.

We will accept all returns as long as they reach us in good condition, in their original state and has met all criteria stated above. In the unlikely event that an item is returned to us in an unsuitable condition, we may have to send it back to you.

If the above are satisfied, we will issue you A Full Cash Refund for the product returned. Shipping fees will NOT be refunded. We will also notify you by email when the refund is processed completely. All refunds will be issued in no more than 30 working days.


18. Payments

We accept payment via bank transfer, Mastercard and VISA at the moment.


19. Fulfillment of Order

Orders will be fulfilled after full payment is received. We reserve the right not to fulfil orders when we have not received payment.


20. Severability

In any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term. 


21. Assignment

You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.


21. Third Party Rights

No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitles to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.

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