TERMS AND CONDITIONS

Terms & Conditions 

Welcome to Opstopus.com. This Opstopus website is fully owned and operated by Opstopus Online, 002690662-U (“We”, “Us”, “Our”).

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SITE.

By accessing or using the Site, you signify that you have read, understand and agree to be bound by these Terms & Conditions and any other applicable law, whether or not you are a registered member of Opstopus. We reserve the right to modify these Terms & Conditions at any time without notice, effective upon its posting to the Site. Please check these Terms & Conditions of use regularly for updates. Your continued use of the Site constitutes your acceptance of those changes. If you do not agree to these Terms & Conditions, please do not use this Site.

If you have any questions, please refer to the FAQ section of the Site or email us at info@opstopus.com with your queries.

  1. Accessing & Using the Site 

We grant you a non-transferrable and revocable license to use the Site, under the Terms & Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you. Any breach of these Terms & Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Upon placing your order, you acknowledge that we may review your order, and the content it contains, for adherence to our guidelines and compliance with these Terms & Conditions and that We may refuse to process an order where we believe that the content is in breach of these Terms & Conditions and our guidelines.

  1. Intellectual Property

All intellectual property on the Site is owned by Us or Our licensors, which includes patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs. All content on the Site may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form of by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site and Product Content.

  1. Product, Order & Payment 

3.1 Certain Product Disclaimers 

The Product is designed to provide fun learning for children by incorporating knowledge in their playing materials. While we endeavour to ensure all product contents are suitable for children ages 7 years old and above, the activities are designed for play with adult supervision.  Adults shall be responsible to take necessary precautions to supervise children when handling Product contents.

WARNING: IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITIES, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE AS STATED BELOW.

ADULT SUPERVISION – You agree to supervise your children when handling contents of any product. You acknowledge that the products are not designed, manufactured or intended for use by, and may contain items and other ingredients not safe for, children without adult supervision.

CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. You acknowledge that the products are not designed, manufactured or intended for use by, and may contain small parts or other ingredients not safe for, children under the age of three (3).

ALLERGIES – You agree to ensure that the contents of any product will not cause allergic reactions to users. We cannot and do not guarantee that children or other people shall be free from allergic reaction to any product contents, and you shall be solely responsible for monitoring for and protecting your children or others against any such reaction. WE SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES, AND OTHER TYPES OF DAMAGES IN ANY EVENT IN CONNECTION WITH THE FORGOING EVEN IF ADVISED BEFOREHAND OF SUCH ANY ALLERGIES THAT A CHILD OR OTHER PERSON MAY HAVE.

3.2 Product & Pricing 

All products listed on the Site, their descriptions, and their prices are each subject to change. We reserve the right to modify, suspend or discontinue the sale of any Product with or without notice. You agree that We will not be liable to you or to any third party for any modification, suspension or discontinuance of any Product.

In the event of a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged/ bank account debited. If your credit card/ bank account has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card/ bank account in the amount of the charge.

3.3 Order & Specifications 

All Products are offered for sale subject to availability and subject to availability and subject to Our acceptance of your order. We reserve the right to reject any Order (in whole or in part) without the obligation to assign any reason for doing so. We may require additional verifications or information before accepting any order. No Order shall be deemed accepted by Us until we have sent you shipping information for the order (or the accepted portion thereof).

The Order Confirmation will contain details of your Order, the Price and an estimate of the delivery time for the Order. It is your responsibility to contact Us and notify Us of any error or mistake with the Order as soon as reasonably practicable. Failure to do so may lead to the incorrect Order being sent out to you. Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time.

Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card/ bank account in the amount charged for the cancelled portion (if your credit card/ bank account has already been charged for the order) or (b) we will not charge your credit card/ bank account for the cancelled portion of the order.

We endeavour to display and describe as accurately as possible the printed colours on the Product which appear on Our Site, but We cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone.

3.4 Payment 

Payment must be made in Ringgit Malaysia through our payment gateway providers at the time of placing your Order which is accepted by Us. Payment in full will be taken at this time and the Contract will be in force. You will be required to submit your payment details to the relevant third-party payment gateway provider and you may also be required to accept additional terms and conditions on relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third-party payment provider.

You undertake that all of the details which you to provide to Us for the purposes of your Order and its delivery will be correct and that the chose method of payment is Your property and that sufficient funds or credit facilities are available to cover the full cost of the Order.

  1. Delivery & Acceptance Policy

4.1 Shipping Policy

Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by Us are estimates. We reserve the right to make deliveries in instalments.

Once your order is dispatched, we will send you an email with the shipping details. Please review your order and shipping information. Currently, we ship to Malaysia only.

Products will be shipped on or about the first Tuesday of every month to the delivery address you provided when placing your order. We reserve the right to charge an additional handling and shipping fee if you request that any Products be re-shipped, whether because you originally submitted an incorrect address when you placed your order with the Company or otherwise. Accordingly, please be sure and review the shipping information to ensure it is accurate.

4.2 Acceptance Policy 

When you receive the Product you must inspect them for any defects or non-conformity before signing good condition. If you sign good condition, you are accepting that the goods are in an acceptable condition. Any packages not signed for but accepted are considered signed in good condition.

If you can see any sign of damage to the parcel(s) please sign as damaged otherwise we cannot replace the item, beyond your statutory rights.

You must be available to accept delivery on the delivery date or pick it up from the courier company within stipulated time. We reserve the right to charge an additional handling and shipping fee for re-delivery if the parcel is returned back to us. If delivery is refused or returned due to faulty address, you will be charged a return fee.

If you wrongfully fail to take delivery of the Order then we shall be under no obligation to refund the price.

  1. Risk & Property  

Risk or damage or loss of Your Order will pass to You upon delivery of the agreed address. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from Us to You until We have received full payment of the Price and all other sums which are due, owing or payable by You to Us in respect of the Order or any other Order between You and Us.

  1. Returns & Refunds Policy 

Your purchase is final and non-refundable, with the exception of Damaged Products (as outlined below). Given the personalized and customized nature of our Product, we are unable to accept any Product exchanges and return other than replacement for damaged products.

6.1 Damaged Products 

If the Product arrives damaged or not substantially as described in the Product Content, please email us at info@opstopus.com within 3 days after you received the Product (i.e. post stamp date on return parcel). We will provide you a replacement at no extra cost.

6.2 Return Procedures

Oops, we are sorry to hear that. However, return service is not provided. Please email us about the reason that you wish to return. WE will try our best to service you.

  1. Cancellation Policy 

7.1 Monthly subscriptions 

One (1) month subscriptions are not eligible for cancellation.

You can cancel 3, 6 or 12 month subscriptions up to 30 days before the next day delivery is scheduled. You will need to email us your cancellation instruction (info@opstopus.com). If eligible, we will advise on the refund amount. For an indicative refund amount, please to our FAQ – Cancellation section.

Your refund will be credited to your specified bank account within 30 days. For refunds to international bank accounts, any Telegraphic Transfer charges incurred will be deducted from the refund amount.

7.2 Gift subscriptions 

Gift subscriptions are not eligible for cancellation. These subscriptions will expire after the original term is completed.

  1. Promotions

Please read the official rules that accompany each special offer, coupon, discount and contests that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.

  1. Disclaimer & Limitations of Liability 

While we endeavour to ensure that the information contained on the Site is correct and error-free, we do not warrant accuracy and completeness of the Site Content. We may make changes to the Site Content, or to any products, prices or fees described in it, at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.

We will exercise all reasonable skill and care in providing the Site. Some Site Content may be provided by third parties and we do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site Content.

Therefore, except as expressly provided in these Terms & Conditions, the Site and all Site Content provided through it are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or Site Content or that your use of the Site or Site Content will not infringe the rights of any third party).

We do not warrant that the Site, any Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or many any representations that the Site and the Site Content will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability or otherwise. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

  1. Liability 

We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).

Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase of the Product you purchased during the calendar year (excluding taxes and delivery costs). All claims arising from the use of the Site and/or related services must be by way of notice in writing to us of such claim, specifying in reasonably sufficient detail the nature of the claim and so far as is practicable the amount claimed in respect thereof, and shall be served within one (1) year from the date of the event/ omission giving rise to the claim. Failing which you are deemed to irrevocably waive any such entitlement, right and pursuit of any such claim.

You expressly agree that your use of the Product, use of and browsing of the Site and the use of Site Content are at your own risk.

Subject to the above, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss of corruption data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) these Terms & Conditions (iii) the Products (iv) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; (v) any use of or reliance upon any Site Content or any other information, material, software, products, services related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

  1. Indemnity 

You agree to indemnify, keep indemnified, defend and hold Us and Our parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the Site, the Site Content or the services provided through the Site, your conduct in connection with the Site or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party via the Site or on a third party Site, or any violation of these General Terms of Use or of any law or the rights of any third party.

  1. Force Majeure 

Where applicable, We shall not be liable or be deemed to be in breach of these Terms & Conditions by reason of any delay in performing or any failure to perform any obligations if the delay or failure was due to any cause beyond the party’s reasonable control, including but not limited to the act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority; import or export regulations or embargoes; interruption of traffic, strike, lock-outs or other industrial actions or trade disputes (whether involving employees of either party or of a third party); and power failure or breakdown in machinery.

Upon the happening of any one of these events, We may at its discretion fully or partially suspend delivery/ performance while such event or circumstances continues or terminates any order request so affected with immediate effect by written notice to you, and We shall not be liable for any loss or damage suffered by you as a result thereof.

  1. Termination 

We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.

We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.

  1. Privacy Policy 

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. This policy forms an essential part of these Terms & Conditions and it is important that you read it. By accepting these Terms & Conditions you also accept and consent to our Privacy Policy.

  1. Governing Law 

These terms shall be governed by and constructed in accordance with the law of Malaysia without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Malaysia.