Terms and Conditions
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The website located at www.fella.com.my (the "Site") is a copyrighted work belonging to Fella Design Sdn Bhd ("Company", "us", "our", and "we"). Certain features of the Services or Site may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
1.1 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with Fella Design Sdn Bhd ("Company Account") or proceed as a guest and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy of such information as such may change from time to time. Fella Design Sdn Bhd may suspend or terminate your account in accordance with Section 9.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Fella Design Sdn Bhd of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Fella Design Sdn Bhd cannot and will not be liable for any unauthorized use of your Account or loss or damage arising from your failure to comply with the above requirements.
2. Payment Terms
2.1 Ordering Services. You may order any of the Products offered following the directions on the Site. Fella Design Sdn Bhd may change the pricing for any portion Products (from time to time in its sole discretion) by updating the Site and without any additional notice to you. Fella Design Sdn Bhd may periodically send you discount coupon or voucher at no additional cost to you.
2.2 Payment Terms. If you order Products, you agree to pay the then-current applicable Service fee or price per product and any applicable shipping charges all as listed on the Site. You hereby authorize Fella Design Sdn Bhd to bill your credit card as described above. Fees are not inclusive of all taxes, levies, or duties imposed by taxing authorities. If there are taxes applicable for your location, we will impose it at checkout. If any fee cannot be charged to your credit card for any reason, Fella Design Sdn Bhd may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then Fella Design Sdn Bhd may immediately terminate the applicable Product.
2.3 Title and Risk of Loss. All items purchased from Fella Design Sdn Bhd are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
3.1 License. Subject to the terms of this Agreement, Fella Design Sdn Bhd grants you a limited, non-transferable, non-assignable, non-exclusive, revocable, license to use the Site and Services for your personal, noncommercial use.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services;
(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services;
(c) you shall not access the Site or Services in order to build a similar or competitive service; and
(d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
Please see the Acceptable Use Policy in Section 4.3 below [Link "Acceptable Use Policy" to section 4.3].
3.3 Modification. Fella Design Sdn Bhd reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Fella Design Sdn Bhd will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof, except and if otherwise expressly set forth in Section 9.
3.4 No Support or Maintenance. You acknowledge and agree that Fella Design Sdn Bhd will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
3.5 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Fella Design Sdn Bhd or Fella Design Sdn Bhd’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Fella Design Sdn Bhd and its suppliers reserve all rights not granted in this Agreement.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The site and services are provided "As-is" and "As available" and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the site or services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
6. Limitation on Liability
In no event shall we (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the site or services, even if we have been advised of the possibility of such damages. Access to, and use of, the site and services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.