This Terms of Service is a legal document that governs your use of the Website and its services. Please review all the Terms and Conditions (“Terms”) contained herein very carefully.
The terms “We”, “us”, “our”, “ourselves” where used in the Website refer to Utmost Studio.
The terms “you”, “your”, “user”, “customer”, “buyer”, “purchaser” where used in this Website refer to anyone accessing the Website and using the services provided here.
Please take note that your access to and use of all information, tools and services available on the Website are condition upon your acceptance of and compliance with these Terms.
By accessing any part of the Website, creating an account, making any orders, downloading any digital content, contacting our customer support and/or using any other part of our services provided on the Website, you agree to be bound by these Terms. This includes additional terms and conditions referred herein and/or made available by hyperlink.
If you do not agree with any of the Terms herein, then you do not have permission to access the Website or use any services. The Terms apply to all users of the Website including but not limited to users who are browsers, vendors, customers, merchants and/or content contributors.
We reserve the right to update, change or replace the Terms herein. You may review the latest version of the Terms on this page at any time. It is your responsibility to check this page for any changes. Please take note that your continued use of the Website following any change and/or update to the Terms published herein shall automatically constitute your acceptance of the changes.
Take note that by using the Website, you also represent and warrant to us that you are of legal age in your jurisdiction to form a binding contract or that you have the consent of a parent or guardian who is of legal age to access and use this Website.
By creating an account on our Website, you agree, represent and warrant to us that you are above the age of 18 and that all the information provided by you are well within your knowledge and are true, accurate, latest, complete and updated. We shall reserve the right to terminate your account at our sole discretion without assigning any reasons if there are any inaccuracies or discrepancies found in the information provided by you.
By creating an account, you shall deem to have agreed to subscribe to Utmost Studio newsletters, marketing and/or promotional materials and othercurrent updates (“News Feeds”) . In any event if you wish to unsubscribe any News Feeds you may do the same through the email that we have sent to you. .
You shall be solely responsible to keep the details and information of your account and password STRICTLY CONFIDENTIAL and all times keep your your computer or account secured and safeguarded. We STRONGLY ADVISE THAT You shall not share your account, username, or password with any other party or permit any party to use your account, username, or password. Any transfer of account from one user to the other is STRICTLY PROHIBITED . You are the sole holder of your own account and you shall be solely responsible for all activities and transactions undertaken, performed and/or made through your account. If you are aware of any suspicious, unauthorised or illegal activities and/or transactions undertaken, performed and/or made through your account kindly notify us in writing promptly.
We shall have the absolute right as we may deem fit to deny, reject and/or refute the registration of any username, the nature of which is vulgar, offensive, discriminating, obscene or defamatory and/or may purportedly breach or in breach of any intellectual properties, laws, regulations, orders and/or policy.
To the extent that the Website allows or permits you to link or synchronize your account with any social networking or other online accounts, you may on your own accord and at your own risk opt to link or sync the said accounts. By linking or synchronizing your accounts, you hereby expressly and irrevocably authorize us to access to all your accounts which you have link or synchronized including all information and details therein and hereby irrevocably grant your consent and permit us to to access, utilize, use and, store such details and information without your prior consent and/or any third party’s consent. You hereby expressly acknowledge and undertake that you shall procure the third party’s consent should the same is required and shall keep us indemnify in a full indemnity basis against all action, demand, claim, loss including consequential loss, damages, cost and expense duly suffered by us arising due to your conduct, negligence, default and/or omission.
You can terminate or cancel your account created with us on the Website at any time by sending your request in writing to us. Any cancellation or termination of your account will resulting to the forfeiture of any deposit paid towards the said account We reserve the right to collect from you any outstanding fees or costs incurred prior to your termination or cancellation of your account. We shall deliver the product which you have purchased prior to the termination or cancellation of your account subject strictly to our receipt of your payment in full for the said purchase.
By placing an order with us for any product or service made available through the Website, you represent and warrant that (i) you are in the legal capacity to make and authorize the payment , (ii) you are of legal age and capacity to form a binding contract, and (iii) all information and details provided by you to us for the said purchase is true, accurate, latest complete and updated.
You are required to provide information and details to complete the purchase transaction including but not limited to information relating to your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You hereby acknowledge that all payment gateway services of our website are provided by third party and hereby irrevocably grant your consent to us to provide, distribute and/or share your information and details to the relevant entity or third party.
We reserve the right to refuse or reject any purchase that you have placed with us. We shall at our sole discretion, limit the amount or quantity of purchase to a person, a household, an account, a IP address, based on billing information, a postal address or a credit card.Any cancellation or changes made to your purchase at our sole dicretion shall be notified in writing by us to you. We reserve the absolute right to suspend, refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
It is your responsibility to that your purchase shall not in any manner whatsoever restrain, prohibit or forbid by any authorities of your jurisdiction and such purchase shall not in any manner whatsoever contravene or breach any laws, rules, regulations, orders, ordinances or policy of your respective jurisdiction. All product duly purchased by you shall be shipped to the address provided by you during your purchase
All features, specifications, products, prices, release dates, discounts, promotions, and offers described on our Website are subject to change from time to time at our sole discretion , without any prior notice. Any image, portrait or picture of our product is for illustration purposes.
All prices displayed on the Website are quoted in the currency of U.S. dollars and/or Malaysian Ringgit excluding of any tax, duty, levy and shipping charges and fees payable . All risk of the products purchased shall be passed unto you upon our delivery of the products to the shipping company or upon your collection of the product from us. We will not be held responsible for any defects or damages found on the product due to the negligence, omission and/or conducts of the carrier/ shipping company.
We reserve the right to restrict or limit the number or amount of any of our products available for sale or services available in any jurisdiction. We also reserve the right to discontinue any product and service as we may deem fit at any time without any prior notice.
ERROR AND INACCURACY
Please note that information and details provided on our Website are for references only and may contain typographical errors, inaccuracies, mistake, discrepancies or omission. We reserve the right to rectify, amend, change, insert and/or delete any information and details due to any error, mistake, inaccuracies, discrepancies or omission without any prior notice which may resulting to the cancellation of your purchase.
RIGHT TO CHANGE THE WEBSITE
We reserve the right to modify, amend, alter, delete or insert any contents, features, information or details provided on the Website including but not limited to suspension of any services provided, or to deny or refuse your right to access or use any part or portion of the Website, without prior notice, at any time as we may deem fit . You hereby irrevocably agree and acknowledge that we shall not be held liable in any manner whatsoever to any modification, alteration, amendments, deletion or insertion made to the contents, features, information or details provided on the Website including but not limited to any suspension of our services, and/or restriction of the Website or any portion thereof.
TERMS OF PURCHASE AND PAYMENT FOR PRE-ORDERS AND ORDERS
When placing a pre-order for a product, you are required to pay an initial payment sum being the deposit duly paid towards the account of the purchase price for ay pre-order purchase . The balance purchase price, the shipping charges and fees, tax, levy, duty and any other additional charges shall made payable by you to us within the time frame provided by us from the date of our notification once the product is ready for shipment or your collection at our store.
Any balance payable by you shall be made within fourteen (14) days from our notification failing which a further extension of fourteen (14) days will be granted and a reminder for the payment by way of a recorded phone call, text message and email will be made by us to you . Should you fail to pay the balance purchase price together with all other tax, duty, levy and shipping charges and fees by the afore said extended payment period, your purchase shall automatically be deemed to have been cancelled and all deposit duly paid towards the said purchase shall be forfeited by us absolutely without any further notification.
The product that you have purchased is to be shipped out after the purchase price and all relevant fees, charges, costs and expenses have been paid in full by you to us. All prices quoted and shown on our website shall exclude of all banking charges, tax, levy, duty and shipping charges and fees payable by you and you shall be solely liable to pay all such tax, levy, duty and shipping charges in full including any shortfall thereof. Any refund shall subject strictly to the terms provided in our Refund Policy and kindly refer to Refund Policy as available on our website.
The following payment methods are available on our website:- :-
1)Online Banking/ FPX
Credit Card/ Debit Card
Bank Transfer:Please note that there may be administrative, transaction or processing fees or charges imposed by your respective financial institution at their sole discretion and any of the afore said fees or charges imposed thereon shall be solely borne by you.
Any information with regard to the currency exchange rate, you are advised to refer and verify the same with your financial institution.
UNAUTHORISED ACCESS TO AND USE OF THE WEBSITE
Any unauthorised access and/or illegal use of our website shall include but not limited to the conduct as follows:-
(a)“hack” into our Website, or modify another website so as to falsely imply that it is associated or affiliated with our Website;
(b)Spam, phish, pharm on our Website;
(c)damage, disable, destruct, overloading , circulating any bugs or viruses or any code of a destructive nature, or interfere with any other party’s use of our Website;
(d)solicit others to perform or participate in any unlawful acts;
(e)infringe or violate intellectual property rights deriving from our products or services;
(f)harass, abuse, insult, harm, discriminate, slander or intimidate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(g)unauthorizedly collect or track personal information of others;
(h)engaging in any obscene or immoral activities or dealings ;
(i)violate any applicable laws, rules or regulations in any jurisdiction (including but not limited to trademark and copyright laws); or
(j)access or attempt to access any password-protected, secure or non-public areas of the Website without any express permission.
We reserve the right to terminate your account and/or your accessibility to our website in any event if there is any reasonable suspicion of your violation of the Terms herein.
CONTESTS, COMPETITIONS AND PROMOTIONS
CONTENT AND INTELLECTUAL PROPERTY
Unless otherwise noted, the Website, and all materials provided therein, including but not limited to text, images, illustrations, designs, icons, photographs, context, sounds and video clips, and all intellectual property arising or deriving therefrom (“Utmost Studio’s Contents”), shall belongs solely or controlled or legally licensed by Utmost Studio.
The Utmost Studio Content is intended solely for your personal and non-commercial use. You may download or copy the Utmost Studio Content and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded Utmost Studio Content shall be deemed to have been transferred or assigned to you in any manner whatsoever unless stated otherwise in writing by Utmost studio . You shall not in any manner whatsoever reproduce , publish, transmit, distribute, display, modify, exploit or create derivative works from, any part of the Utmost Studio Content.
Utmost Studio shall not be held responsible or liable in any manner whatsoever to any third-party content, products, or services published or posted on, transmitted through, or linked to the Website. Any access made by you to any third-party content or website shall strictly be at your own risk. YOU ARE STRONGLY ADVISE to peruse the terms and conditions of these third-party website or content carefully prior to your attempt to access the same . Any third-party website or content shown or appeared on our Website shall not in any manner whatsoever implied any endorsement of and our association with such third-party. .
We shall not be held responsible or liable in any manner whatsoever for any loss or damage of any sort incurred as a result of your purchase or use of products and services, resources, content or any other transactions made in connection to a third-party website or any content, products, or services provided by the third party.
CONTENT YOU PROVIDE
You shall be held solely responsible for any information, remarks, text, graphics, videos, or other material (“User Content”) posted or shared by you on our Website. We take no responsibility and assume no liability for any User Content posted by you or any third party on or through the Website.
The Websiteshall subject to public viewing . You shall at all times ensure that any User Content you have posted, circulated or shared shall not in any manner whatsoever violate any right of any third party, including all their intellectual properties rights or any form of personal or proprietary right and shall not be defamatory or libellous or otherwise unlawful, abusive obscene or illegal in nature , or shall constitute any form of virus or other malware that may possibly post threats to the security of the Website or the users of the Website.
You shall indemnify us and keep us indemnified on a full indemnity basis against any misleading, untrue or incorrect information provided by you to us and/or any third party(ies).
By submitting User Content (including but not limited to text, audio and/ or visual material, images, creative ideas, suggestions, proposals or other materials) to the Website or to any of our emails or our postal address stated on the Website, whether at our request (such as contest entries) or without a request from us, you grant, and you represent and warrant that you have the right to grant and hereby do grant, Utmost Studio., its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, edit, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Content, for any purpose without restriction and without providing any attribution or compensation to you.
We reserve the rights, to monitor, respond to and edit all User Content posted on the Website without any prior notification to you.
DISCLAIMERS AND LIMITATION OF LIABILITY
Utmost Studio does not guarantee, represent or warrant that all the information published on the Website shall be accurate, conclusive and/or complete in any manner whatsoever.
We do not guarantee, represent or warrant that the use of the Website will be uninterrupted, secure or error-free.
Any access to the Website an/or engagement of our services shall be at your sole risk.
All products and service made available to you through the Website are provided on “as is” and “as available” basis and any subscription or purchase of the same shall be on “voluntary basis” without any duress or coercion , and/or any reliance to the representations or warranties whether expressed or implied by Utmost Studio or any entity or party.
You hereby agree and undertake to indemnify and hold harmless and keep Utmost Studio, its subsidiary or associates and/or any of its shareholders, directors, employees, partners, representatives and/or agents indemnified against any demands, claims losses, damages, cost, liabilities, expenses including legal or solicitors fees arising due to your conduct, default, negligence and/or omission or any breach to the Terms provided herein.
By agreeing to the Terms, you also agree that the ALL the terms contained herein including but not limited to the disclaimers and limitations of liability are reasonable and acceptable. If you disagree with and/or find any of the Terms herein unreasonable or unacceptable, please do not use this Website and any of its services.
No failure or delay on our part in exercising any of our rights under the Terms will operate a release or waiver of such right.
No single or partial exercise of any right under the Terms will preclude any other or further exercise of such right or any other rights contained herein.
The Terms herein embodies all the terms and conditions agreed to by you in relation to accessing and using the Website and its services, and supersedes all previous agreements in respect of your use of the Website.
If any of the Terms is held to be illegal, invalid or unenforceable in whole or part in any jurisdiction, such provision shall not in any way affect or impair the validity or enforceability of the other terms and conditions contained herein.
The Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. By using the Website and its services, you are deemed to have consented to the non-exclusive jurisdiction of Malaysia.
We reserve the right to refuse service to anyone for any reason and at any time.
Headings used in the Terms are merely for convenience of reference and will not affect or limit the Terms contained under them.
No specified update version, update date or refresh date stated in the Website should be taken as indicating that all information in the Website has been modified and updated.
If you have any concerns or questions regarding the Terms herein, you should direct these questions to [email protected]