Terms of Service

The Terms of Service set out herein below govern the use of fercohome.com services offered and available on the website and all related sub-sites. The user is advised to read them carefully as User’s rights and liabilities under the law will be affected by their use of this Site.

Through the use of the Site the User is deemed to have agreed to be bound by the terms and conditions in this agreement (The Agreement) alongside the terms and conditions by reference and/or implication.

FERCO HOME may amend or revise the terms and conditions stated in the Terms of Service from time to time. The User will be notified of any changes, amendments, or revisions in the Terms of Service via announcements on the Site.

Should the User continue to use the Site and/or its provided services after the date any changes, amendments, or revisions in the Terms of Service have come into effect, the User shall be deemed to have consented and agreed to be bound by the newly established terms and conditions. Should the User disagree or object to the changes, amendments, or revisions in the Terms of Service, access to functions and features of the Site shall be forfeited from the User.

1. About Us

We are a private limited company, registered in Malaysia under company number 253650-W.

2. Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason if our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If Users choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, Users must treat such information as confidential, and must not disclose it to any third party. We have the right to disable any User identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion Users have failed to comply with any of the provisions of these Terms of Service.

Users are responsible for making all arrangements necessary for themselves to have access to our site. Users are also responsible for ensuring that all individuals who access our site through their internet connection are aware of these terms, and that they must comply with them.

3. Definition of the term “User”

The User is defined to be an Individual Entity or a Corporate Entity as defined below. This includes any person browsing or viewing the Site.

“Individual Entity” – The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian Law. “Individuals” includes parents or guardians of a child or ward of under 18 years of age who is accessing the Site and using the provided services. In the event the User is under 18 years of age, he/she agrees as his/her parent/guardian, both in the capacity of the User and on behalf of the User’s child/ward, to be bound by the terms and conditions laid out in this Terms of Service and to be liable for the User’s child’s or ward’s actions and omissions while accessing the Site and/or using provided services. The User also agrees to ensure the User’s child or ward observes the terms laid out in this Terms of Service.

“Corporate Entity” – The Services are made available to companies and/or business entities. Any person(s) using the provided services on behalf of such Corporate Entities will be representing and in the position of representing authority to bind the Corporate Entity to the terms and conditions laid out in this Terms of Service.

4. User Responsibility

The User is personally responsible for his/her use of the Site and/or the Site’s provided services.

The User uses the Site and/or the Site’s provided services at his/her own risk(s).

The User shall use the Site’s provided services in accordance with the terms and conditions laid out in this Terms of Service as well as any law at the time that is enforced in Malaysia including but not limited to, the Malaysian Communications and Multimedia Act 1998, and the Sale of Goods Act 1957.

5. Prohibited Uses

Users may use our site only for lawful purposes. Users may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Users also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of use.
• Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

6. Intellectual Property Right

Sharing of FERCO HOME content is permitted, however Users must use the sharing tools provided. Failure to follow suit may result in unforeseen consequences on the Users that the company is unaware of, as such the Users are to share content at their own risk. Users will be liable for any damages or security breaches that has occurred in the event that content is shared without the use of the sharing tools provided.

The printing and downloading of content from the Site for personal use is allowed on the following basis:

• No documents or related graphics on the Website are modified in any way;
• No graphics on the Website are used separately from the corresponding text and;
• Our copyright and trade mark watermarks will appear in all copies of content taken from the Site.

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including limitations on photographs and graphical images) are owned by us or our licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with the terms and conditions laid out in this Terms of Service for any purpose is prohibited. Any breaches conducted by the User(s) will result in the termination of permission to use the Site automatically. All downloaded or printed content from the Site is to be deleted, destroyed, or terminated.

Subject to the terms and conditions laid out in the Terms of Service, no part of the Site (in part or whole) may be reproduced or stored in any other website or any other public or private electronic retrieval systems or service without our prior written permission. Any rights not expressly granted in these terms are reserved.

7. Domain Name

The Domain Name on which the Site is hosted on is the Sole Property of the Company, User(s) may not use or adopt the Domain Name for their own use.

8. Trademark

FERCO HOME and its logos are trademarks or registered trademarks of the company.

9. Reliance On Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

The User is solely responsible for the accuracy of the information they have provided, regardless of the User’s age.

10. Our Site Changes Constantly

Our site is constantly updated with new content. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

11. Our Liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

12. Other Interactive Services

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not full proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

13. Information About You And Your Visits To Our Site

The Company collects information about its User(s) (User Information) during the registering process, where User(s) are required to create a password before purchasing any goods on the Site and making any inquiries on goods or services listed on the Site.

All User(s) activities are logged. When User(s) access pages from the Site information about the User(S) preferences (including User’s Internet Protocol Address) are collected.

User Information is used to help diagnose problems with the Site. When necessary, User Information may be provided to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.

Save as aforementioned, User Information shall not be disclosed, released, or declassified by the Company to any other third party except with the consent of the User.

Information regarding the handling of the User’s personal information by the Company is set out in our Privacy Policy.

14. Viruses, Hacking And Other Offences (Not sure should under here/privacy policy)

Users must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. Users must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. Users must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, Users would commit a criminal offence under the ACT 563 Computer Crimes Act 1997 [Reprint 2002]. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Users identity to them. In the event of such a breach, Users right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect a User’s computer equipment, computer programs, data or other proprietary material due to the Users use of our site or due to User’s downloading of any material posted on it, or on any website linked to it.

15. Links From Our Site

The Site mat contain links and/or references to other websites (Third Party Websites).

Third Party Websites are not investigated, monitored, reviewed, or amended for accuracy or completeness by the company. Third Party Website owners will be solely responsible for carrying out their own investigations, monitoring, reviews, or amendments for accuracy or completeness independent of the Company. Inclusion of and/or reference to links or internet addresses (if any) on the Site does not imply nor confirm approval or endorsement of those sites by the Company.

As such, Users acknowledge that we and/or the Company may not be held liable with respect to third party resources, content or services and you undertake to directly and exclusively contact the appropriate third party with any claim or request User’s may have. We may not be held liable with respect to the content, advertisements, products, services or any other data or information available on or from those external sites or sources. Furthermore, Users have agreed to understand that we may not be held liable for any damages or loss arising from or connected with the use of or the reliance on the contents, goods, or services available on those external sites or sources.

16. Suspension And Termination

We will determine, in our discretion, whether there has been a breach of these terms and conditions through the Users use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate which may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of the right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by User’s to our site.
• Issue of a warning to User(s).
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against User(s).
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

The Company reserves its right to immediately suspend/terminate the services provided to the User without warning and/or notice for violation of any of the terms and conditions laid out in this Terms of Service.

17. Variations

We may revise these terms of use at any time by amending this page. Users are expected to check this page from time to time to take notice of any changes we made, as they are legally binding on the User. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

18. VOUCHERS/ DISCOUNTS

• We will not be able to amend any details of the Gift Card after the order is placed.
• Discounts are only valid if the voucher codes are entered before checkout.
• Gift Cards purchased are non-refundable or exchangeable.
• All discount codes which are used cannot be reinstated if orders are cancelled.

19. PAYMENT

• All payments has to be made through online banking, major credit card or e-wallet which is linked from our shopping. We are sorry for the inconveniences caused to some of you but we have no choice due to the increasing cases of fraud occurring from manual cash transfer.  
• Payments shall not be deemed to be made until full amount of funds have cleared.
• No cash refund is offered. We only offer refund in terms of credit note.
• All orders will be automatically cancelled after 20 minutes of non-payment.
• All cancelled orders cannot be reversed.
• Prices and shipping rates are subject to change without notice but changes will not affect orders that have already been accepted.