Terms and Condition of Use
This site is operated by FOVS. When you use this site, you agree to the terms and conditions that follow, including those additional terms and conditions and policies referenced herein and/or available by hyperlink such as our Privacy Policy and Cookie Notice (collectively, the “Terms and Conditions”). If you do not agree to these Terms and Conditions, you should immediately cease use of this site. This site is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Our products and the site are for use by adults only. By agreeing to these Terms of Conditions, you represent that you are at least the age of majority or older in your jurisdiction. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal age in order to use, purchase from or access our site.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.. FOVS reserves the right to update the Terms and Conditions at any time without notice to you.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.. FOVS reserves the right to update the Terms and Conditions at any time without notice to you.
The Structure of our Organization
Throughout the site, the terms “FOVS“, “FOVS subsidiaries,” “we,” “us” and “our” refer, as appropriate in the context, to FOVS., or one or more of its subsidiaries. Featured products and positions on issues included on the site are products or positions of the separate businesses operated by the appropriate subsidiary corporation.
Links to Third Party Sites
This site includes links to other sites, some of them operated by FOVS subsidiaries and some of them operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained in those other sites. We have not necessarily reviewed all the information on other sites and are not responsible for the content of any other sites or for any products or services that may be offered through other sites. Third-party sites may contain information with which we do not agree. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access through links to other sites are the sole responsibility of the person from whom such content originated. FOVS IS IN NO WAY RESPONSIBLE FOR THE CONTENTS OF ANY SUCH LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. FOVS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
Similarly, we may provide you with access to optional third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that such tools are provided “as is” and “as available” without any endorsement from us. We shall have no liability whatsoever arising from or relating to your use of such third-party tools. Any use by you of such optional tools offered through the Site is entirely at your own risk and discretion.
Similarly, we may provide you with access to optional third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that such tools are provided “as is” and “as available” without any endorsement from us. We shall have no liability whatsoever arising from or relating to your use of such third-party tools. Any use by you of such optional tools offered through the Site is entirely at your own risk and discretion.
Purpose of This Site
This site is operated for the purpose of providing general information about us. If the Terms and Conditions are regarded as an offer to sell, or a solicitation of an offer to buy, any product of FOVS, acceptance by FOVS is expressly limited to the Terms and Conditions set forth herein. Such products are sold only in compliance with the laws of the particular jurisdictions in which they are sold.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE
WE CANNOT GUARANTEE THAT THE INFORMATION THAT WE MAKE AVAILABLE ON THIS SITE IS FULLY ACCURATE, COMPLETE, OR CURRENT. THE MATERIAL ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING SIGNIFICANT DECISIONS WITHOUT CONSULTING PRIMARY OR MORE ACCURATE, MORE COMPLETE, OR MORE TIMELY SOURCES OF INFORMATION. ANY RELIANCE UPON THE MATERIAL ON THIS SITE SHALL BE AT YOUR OWN RISK. THIS SITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION IS NOT NECESSARILY CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THE SITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON THIS SITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THE SITE.
Use of Material from This Site
This site (including all its contents) is the property of FOVS, or its licensors and is protected by copyright, trademark and other laws of Malaysia and other countries. We authorise you to browse through the site and print and download copies of material on the site for your personal, non-public, non-commercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, display or transmit any material on the site in any manner or medium. You also agree not to modify, copy, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, sell, broadcast or distribute any material and software on the site in any manner or medium, including by uploading the material or otherwise making the material available on-line.
Prohibited Use
In addition to the restricted use of copyrighted or trademarked materials from this site, you may not use our products or services for any illegal or unauthorised purpose or in any way in violation of any laws in your jurisdiction. Specifically, you are prohibited from using the site or its content: (a) for any unlawful purpose or to solicit others to perform or participate in any unlawful acts; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect or interfere with the functionality, security or operation of the site; (e) to collect or track the personal information of others; (f) infringe any patent, copyright, right of publicity, trademark, trade secret, or any other right of any party; or (g) assist any third party that may be engaging in any of these activities prohibited by this Agreement.. We reserve the right to terminate your use of the site for violating any of the prohibited uses.
Member Account, Password, and Security
If any of the services provided by FOVS and/or this website requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify FOVS immediately of any unauthorized use of your account or any other breach of security. FOVS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by FOVS or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. The services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to this Terms and Conditions of Use. With the creation of an account, you agree that we may send to you electronic notices or other communication regarding FOVS products and this site. You can stop receiving these notices and communications at any time with the deactivation of your account.
User Comments and Feedback
If, at our request or as part of the features provided by this site, you send certain feedback, idea or comments on this site or via email (collectively, “Comments”), you hereby grant us a nonexclusive, irrevocable, royalty free, worldwide, and perpetual license to use that Comment for any purposes, including, without limitation, a license to reproduce, copy, prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the content or otherwise use in any medium any such Comments that you provided. Except expressly provided in our Privacy Policy, we are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but are under no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, discriminatory, harassing, misleading, defamatory, pornographic or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, nor will in any way violate this clause. You may 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 comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
Your submission in connection with your personal information is governed by our Privacy Policy, which is incorporated herein by reference. To view our Privacy Policy, please visit https://fovs.my/privacy-policy/
Your submission in connection with your personal information is governed by our Privacy Policy, which is incorporated herein by reference. To view our Privacy Policy, please visit https://fovs.my/privacy-policy/
Shopping and Ordering at This Site
We reserve the right to refuse service to anyone for any reason at any time. Prices for our products may be subject to change without notice. We reserve the right at any time to modify or discontinue the product or service (or any part or content thereof) without notice at any time, and shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product or service. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this site is void where prohibited.
We have made every effort to display, as accurately as possible, the colors and images of our products that appear in the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We are not responsible for lost or stolen packages or packages that are missing in transit. If you did not receive a package that is indicated shipped out on, it is YOUR responsibility to resolve this issue with the courier service. Lost or stolen packages are very frustrating and we will do our best to help you resolve the problem. Please understand though that this is completely beyond our control and does require you contact the courier service office for assistance.
You must provide truthful and accurate billing information in order to process the order. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Providing any untruthful or inaccurate information may result in order cancellation. Before we accept and process an order, we may also request that you provide additional information. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to refuse or cancel an order for any reason, including order made by minors or person without age verifications, limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified through our efforts to avoid fraud and/or account abuse, or to comply with money laundering regulations.
We provide limited warranty to the products that are purchased via this site, subject to a certain terms and conditions. No other warranty, whether express or implied, is provided hereunder. For more detail of our limited warranty policy, please visit https://fovs.my/warranty/
We have made every effort to display, as accurately as possible, the colors and images of our products that appear in the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We are not responsible for lost or stolen packages or packages that are missing in transit. If you did not receive a package that is indicated shipped out on, it is YOUR responsibility to resolve this issue with the courier service. Lost or stolen packages are very frustrating and we will do our best to help you resolve the problem. Please understand though that this is completely beyond our control and does require you contact the courier service office for assistance.
You must provide truthful and accurate billing information in order to process the order. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Providing any untruthful or inaccurate information may result in order cancellation. Before we accept and process an order, we may also request that you provide additional information. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to refuse or cancel an order for any reason, including order made by minors or person without age verifications, limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified through our efforts to avoid fraud and/or account abuse, or to comply with money laundering regulations.
We provide limited warranty to the products that are purchased via this site, subject to a certain terms and conditions. No other warranty, whether express or implied, is provided hereunder. For more detail of our limited warranty policy, please visit https://fovs.my/warranty/
Counterfeiting
Counterfeiting has been a serious issue that we continue to fight against. We advise consumers to be cautious when purchasing products from unauthorised resellers as the quality, reliability and safety of these products is unknown. If you encounter products that do not appear to be genuine FOVS products, please report the details of your purchase to FOVS. FOVS shall have no responsibility or liability of any kind for any products purchased outside of our site and/or authorised retailers, including but not limited to providing refund or assistance to resolve the dispute or claim arising therefrom.
Google Analytics
Google Analytics, owned by Google, Inc. (“Google”) is used by this site and is a way for us to monitor how you use this site so that we can improve the site. Google Analytics is a web analytics service provided by Google. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States of America. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this, you may not be able to use the full functionality of this website. By using this site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART OF IT AT ANY TIME FOR ANY REASON. FOVS AND ALL FOVS SUBSIDIARIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE SITE IS NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOVS, ANY FOVS SUBSIDIARY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. YOU AGREE THAT LINKS FROM THIS WEBSITE MAY EXPOSE YOU TO CONTENT THAT YOU MAY FIND OFFENSIVE OR OBJECTIONABLE AND THAT IN THIS RESPECT, YOU USE THE SERVICES AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER FOVS., NOR ANY OF ITS SUBSIDIARIES OR THIRD-PARTY CONTENT PROVIDERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES OR OTHER ONLINE COMMENTS YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORISED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE, OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your Liability
If you cause a technical disruption of the site or of the systems transmitting the site to you or others, you agree to be responsible for any and all liabilities, costs and expenses (including attorneys’ fees) arising from that disruption.
You agree to indemnify, defend and hold harmless FOVS and its subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors and suppliers, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or any other terms incorporated herein by reference.
You agree to indemnify, defend and hold harmless FOVS and its subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors and suppliers, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or any other terms incorporated herein by reference.
Trademarks
This site features logos and other trademarks and service marks that are the property of, or are licensed to, FOVS. The site may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Intellectual Property Rights of Others
We respect the intellectual property rights of others, and we request that our visitors do the same. If you think that your work has been copied in a manner that constitutes copyright infringement, please notify us.
Unsolicited Idea Submission Policy
FOVS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN FOVS’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO FOVS. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO FOVS OR ANYONE AT FOVS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT FOVS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Governing Laws and Jurisdiction
The laws of Malaysia govern these Terms and Conditions and your use of the site, and you irrevocably consent to the jurisdiction of the competent courts located in Malaysia for any action to enforce these Terms and Conditions.
We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of Malaysia. The businesses conducted by the subsidiaries of FOVS, operate in various countries throughout the world and comply with the laws of the particular jurisdictions in which they operate. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of Malaysia. The businesses conducted by the subsidiaries of FOVS, operate in various countries throughout the world and comply with the laws of the particular jurisdictions in which they operate. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision will be removed from these Terms and Conditions and will not affect the validity or enforceability of the remaining Terms and Conditions.
Changes to These Terms
We reserve the right, at our complete discretion, to change these Terms and Conditions at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.
Entire Agreement
You agree that these Terms and Conditions, the Privacy Policy, Limited Warranty, which are incorporated by reference, constitute the entire agreement between you and FOVS with respect to the site, your purchases, and your relationship with FOVS and that any prior or contemporaneous communications, understandings, agreements, or representations with respect to the site are specifically superseded by these Terms and Conditions.
Promotions
1. These are the terms and conditions which apply to any competition, prize draw or promotion which we or our promotion partners may run, whether on our or their websites, social media platforms or otherwise (‘ Promotion’).
2. By entering a Promotion you agree to be bound by these terms and conditions along with any other Specific Rules which relate to a Promotion. Specific Rules might include entry instructions and any other specific details, rules or conditions relating to a particular Promotion, and might be published on our or our promotion partners’ website, social media platforms, or may be found in any other media which features a Promotion. The Specific Rules will usually (but may not always) refer to these terms and conditions.
3. In these terms and conditions, ‘we’, ‘ us’, ‘our’ and ‘Promoter ‘ all mean FOVS Distribution (M) Sdn Bhd. Our ‘promotion partners’ are third parties who operate promotions with us or on our behalf – they will be named in the Specific Rules.
4. Each Promotion will start immediately (i.e. as soon as it is first promoted), unless a later start date/time is specified. The closing date/time for a Promotion will be made clear in the Specific Rules or the relevant promotional materials. All times will be based on Malaysia standard time.
5. During the sale period, we may not be able to fulfil the orders based on our ordering policy. We require additional 1-3 days for all regions.
6. Items sold during promotion are NOT eligible for refund or exchange.
7. Each promotion is valid while stock lasts, if any item is out of stock, we will contact you to offer a replacement of equivalent value.
8. Each Promotion will be open to individuals who are Malaysian residents and aged 18 or over unless the Specific Rules or other promotional materials or announcements specify a different geographic region or a different minimum age.
9. In any event, our employees, agencies, freelancers, contractors (and those of any of our promotion partners, associated companies or prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the relevant Promotion, are excluded from entering and from winning (‘Excluded Individual(s)’).
10. To enter, follow the entry process for the relevant Promotion, which will usually be explained in the Specific Rules and/or promotional materials or announcements.
11. You may only make a maximum of one entry into each Promotion (unless the Specific Rules for a particular Promotion expressly set a higher maximum number of entries for that Promotion).
12. There is no charge to enter a Promotion. However, if entry is made via text message, MMS or telephone call, your network provider will usually charge according to their standard rate or deduct it from your allowance. If entry is made by text message, be sure to use the correct shortcode; be aware that shortcodes change from Promotion to Promotion. In all cases, please check with your service provider for more details. If you are not the bill payer, you must obtain the bill payer’s permission before entering.
13. If entry involves a live call in, ensure you answer your telephone when we phone you. If you fail to do so, or if the call becomes disconnected or you are not audible for any reason beyond our control (including, but not only, low/no signal on your device, or a call being dropped by any network, etc.) before or during the Promotion, you may be disqualified, and we reserve the right to select another entrant to participate in the Promotion.
14. To the maximum extent permitted by applicable law, we reserves the right, at its sole discretion to amend, withdraw or revise these terms and conditions and the gifts at any time without prior notice and in such event, we shall not have any liability whatsoever.
2. By entering a Promotion you agree to be bound by these terms and conditions along with any other Specific Rules which relate to a Promotion. Specific Rules might include entry instructions and any other specific details, rules or conditions relating to a particular Promotion, and might be published on our or our promotion partners’ website, social media platforms, or may be found in any other media which features a Promotion. The Specific Rules will usually (but may not always) refer to these terms and conditions.
3. In these terms and conditions, ‘we’, ‘ us’, ‘our’ and ‘Promoter ‘ all mean FOVS Distribution (M) Sdn Bhd. Our ‘promotion partners’ are third parties who operate promotions with us or on our behalf – they will be named in the Specific Rules.
4. Each Promotion will start immediately (i.e. as soon as it is first promoted), unless a later start date/time is specified. The closing date/time for a Promotion will be made clear in the Specific Rules or the relevant promotional materials. All times will be based on Malaysia standard time.
5. During the sale period, we may not be able to fulfil the orders based on our ordering policy. We require additional 1-3 days for all regions.
6. Items sold during promotion are NOT eligible for refund or exchange.
7. Each promotion is valid while stock lasts, if any item is out of stock, we will contact you to offer a replacement of equivalent value.
8. Each Promotion will be open to individuals who are Malaysian residents and aged 18 or over unless the Specific Rules or other promotional materials or announcements specify a different geographic region or a different minimum age.
9. In any event, our employees, agencies, freelancers, contractors (and those of any of our promotion partners, associated companies or prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the relevant Promotion, are excluded from entering and from winning (‘Excluded Individual(s)’).
10. To enter, follow the entry process for the relevant Promotion, which will usually be explained in the Specific Rules and/or promotional materials or announcements.
11. You may only make a maximum of one entry into each Promotion (unless the Specific Rules for a particular Promotion expressly set a higher maximum number of entries for that Promotion).
12. There is no charge to enter a Promotion. However, if entry is made via text message, MMS or telephone call, your network provider will usually charge according to their standard rate or deduct it from your allowance. If entry is made by text message, be sure to use the correct shortcode; be aware that shortcodes change from Promotion to Promotion. In all cases, please check with your service provider for more details. If you are not the bill payer, you must obtain the bill payer’s permission before entering.
13. If entry involves a live call in, ensure you answer your telephone when we phone you. If you fail to do so, or if the call becomes disconnected or you are not audible for any reason beyond our control (including, but not only, low/no signal on your device, or a call being dropped by any network, etc.) before or during the Promotion, you may be disqualified, and we reserve the right to select another entrant to participate in the Promotion.
14. To the maximum extent permitted by applicable law, we reserves the right, at its sole discretion to amend, withdraw or revise these terms and conditions and the gifts at any time without prior notice and in such event, we shall not have any liability whatsoever.
Giveaways, Contests And Lucky Draws
1. Prize shall be as stated on FOVS Social Media Post. No cash or other prize substitutions are permitted except at FOVS Malaysia sole discretion. The prize is non-transferable. Online gift card prizes shall be subject to the terms and conditions delivered with electronic delivery. Each winner will be responsible for paying all costs and expenses related to a prize that are not specifically mentioned, including, but not limited to, income taxes, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize. Each prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). If you win a prize, you may not transfer, assign, or redeem the prize for cash. FOVS Malaysia reserves the right to substitute a prize with a gift card or other prize of value equal to or greater than the value paid by FOVS Malaysia while setting up the Giveaway.
2. FOVS Malaysia will award a prize to one or more individuals who enter the Social Media Giveaway as specified in the Giveaway Social Media Post. The start and end dates and times of the Social Media Giveaway, method of entry, prize(s) and ARV, and winner selection method will be specified on the Giveaway Social Media Post. The winner selection method will be one of the following, as more fully described on the Giveaway Social Media Post:
a) Winner(s) will be selected by random drawing from among all eligible entries received. Odds of winning depend on the number of eligible entries received.
b) Entries will be judged by FOVS personnel, to be selected by FOVS at its sole discretion (the “Judges”). The Judges shall select a Winner using the following equally weighted criteria: Creativity; Marketability; Originality, and Relevance to the giveaway theme. Decisions of the Judges are final and binding.
c) Limit one prize per person per Social Media Giveaway, unless otherwise stated.
3. The Winner will be notified via direct message to the Social Media Site account, mobile number or email associated with the Winner’s Entry, and must respond within one (1) day to claim the prize.
2. FOVS Malaysia will award a prize to one or more individuals who enter the Social Media Giveaway as specified in the Giveaway Social Media Post. The start and end dates and times of the Social Media Giveaway, method of entry, prize(s) and ARV, and winner selection method will be specified on the Giveaway Social Media Post. The winner selection method will be one of the following, as more fully described on the Giveaway Social Media Post:
a) Winner(s) will be selected by random drawing from among all eligible entries received. Odds of winning depend on the number of eligible entries received.
b) Entries will be judged by FOVS personnel, to be selected by FOVS at its sole discretion (the “Judges”). The Judges shall select a Winner using the following equally weighted criteria: Creativity; Marketability; Originality, and Relevance to the giveaway theme. Decisions of the Judges are final and binding.
c) Limit one prize per person per Social Media Giveaway, unless otherwise stated.
3. The Winner will be notified via direct message to the Social Media Site account, mobile number or email associated with the Winner’s Entry, and must respond within one (1) day to claim the prize.
ALL DECISIONS FINAL
All decisions of FOVS and Sponsor Parties are final and binding in all respects.
DISCLAIMER
The Social Media Giveaways are in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or any other third party social media site (the “Social Media Sites”) and in no instance shall the Social Media Sites or their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the “Social Media Sites Parties”) be liable for any disputes, claims, causes of action or controversies arising out of or in connection with a Social Media Giveaway.
Contact
Questions about the Terms and Conditions or notice pursuant to the same should be sent to us at: hello@fovs.my