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  Terms & Conditions

Terms and Conditions

Access to and use of this Website and the products and services available through this Website (collectively, the “services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and Third Culture reserves the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website also contains links to other websites, which are not operated by Third Culture Sdn. Bhd. (the “Linked Sites”). Third Culture Sdn. Bhd. (TCSB) has no control over the Linked Sites and accepts no responsibility for them or any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

2. Privacy Policy

THIRD CULTURE respects our customers’ account information as private and confidential. Please review our Privacy Policy, which sets out how we will use your information and also governs your visit to Third Culture. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

3. Restrictions of Use

You shall not misuse this Website. You shall not: commit, aid or abet a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. TCSB will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

TCSB is not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful or malicious material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website, to your downloading of any material posted on it, or on any website linked to it.

4. Intellectual Property

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Third Culture or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Third Culture and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Third Culture or its licensors. ThirdCultu.reTM are trade marks belonging to TCSB. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks, which are colourably similar without the written permission of ASOS.

5. THIRD CULTURE Community Areas

Registration

Third Culture reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.

If you use multiple logins for the purpose of disrupting the community you may have action taken against all of your accounts.

Submission of material
By submitting material to us, you are automatically granting Third Culture the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology. You also acknowledge that Third Culture is not obliged to publish any material submitted by you on the Third Culture magazine.

We always appreciate your feedback or other suggestions about Third Culture, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified). 

The Service provides you with the ability to interact with social media services, such as through Facebook “Like” buttons, Twitter and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not Third Culture. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you on our Service. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from the

 

Failure to comply 
If you fail to abide by these rules you may be sent an email which informs you why your material has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.

This action may include a temporary or permanent suspension of your ability to participate in any or all areas of Third Culture.

Third Culture reserves the right to delete any contribution, or take action against any Third Culture account, at any time, for any reason.

If you do not want to grant Third Culture the permission set out above on these terms, please do not submit or share your contribution on the Third Culture magazine.

6. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following Terms of Service. All orders are subject to availability. 

Dispatch times may vary subject to any delay as a result of postal delays or force majeure for which we will not be responsible. You are referred to our List of Countries we Deliver To for further information.

You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Third Culture retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

a. Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order.

A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you.

Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

b. Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices, which appear on this Website are accurate, errors may occur.

Third Culture attempts to be as accurate as possible. However, Third Culture does not warrant that product descriptions or other content of this Site are accurate. In addition, the actual colors you see will depend on your monitor and may not be accurate. We apologize for any inconvenience this may cause you. If a product offered by Third Culture itself is not as described, you may return it in its original condition. Please see our return policy. Product availability is not guaranteed. If a product is not available when your order processes we will notify you by email.

Despite our best efforts, items on our Site may occasionally be mispriced. If we discover an error in the price of any goods, which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

c. Payment
Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction.

Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.

d. Discount Codes

Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

Third Culture reserves the right to vary these terms and conditions.

The conditions of use relating to any discount code will be specified at the time of issue.


 7. LIABILITY DISCLAIMER

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Third Culture and content providers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

8. LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

9. DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Third Culture and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Third Culture.

10. INDEMNITY

You agree to indemnify, defend and hold harmless Third Culture, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

11. VARIATION

Third Culture shall have the right in its absolute discretion at any time and without notice to amend or remove the Services and/or any page of this Website.

12. INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

13. COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by sending us an email at [email protected].

14. WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

15. GOVERNING LAW AND JURISDICTION

These terms and conditions are to be construed in accordance with the laws of Malaysia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Courts of Malaya.

16. ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Third Culture. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Third Culture.