Terms & Conditions

TERMS & CONDITIONS / ACCEPTABLE USE POLICY / WEBSITE DISCLAIMER

Introduction

Thank you for visiting TOHIGHSTREET’s website —— www.TOHIGHSTREET.com. This Website is owned and operated by TOHIGHSTREET.

Your use of this Website and/or *Other Services or Applications for Online Shopping is subject to your agreeing to be bound by and to comply with this Acceptable Use Policy (“Policy”). If you do not agree with the Policy you should exit from this Website and/or Other Services or Applications for Online Shopping instantly.

If you wish to use any of the following Services you agree to be additionally bound by the Specific Terms of Use applicable to the particular Service.

In the event of conflict between the Policy and Specific Terms of Use the latter shall prevail. We reserve the right to amend, modify, add, delete and make corrections to this Policy and any of the Specific Terms of Use at any time, effective upon posting. You agree to review these Policy and Specific Terms of Use periodically to be aware of such modifications.

Copyright / Trademarks

This Website and Other Services or Applications for Online Shopping and the contents, including products and services, voucher, loyalty program, text, graphics, button icons, audio and video clips, digital downloads, data compilations, logos and information regarding the online shopping status, etc. are proprietary to TOHIGHSTREET or its content suppliers. You may use this Website and the contents only for personal and non-commercial purposes subject to applicable copyright laws.

All trade marks, trade names, service marks (whether registered or unregistered) and logos in this Website are owned by TOHIGHSTREET or their respective owners and must not be used or modified in any way without obtaining the prior written consent of TOHIGHSTREET.

This Website and Other Services or Applications for Online Shopping and the products, technology and processes contained may be the subject of other intellectual property rights owned by TOHIGHSTREET or by third parties. No licence is granted in respect of such intellectual property rights other than as set out in this Policy. Your use of this Website and/or Other Services or Applications for Online Shopping must not in any way infringe the intellectual property rights of any person.

Content

By using this Website, and/or Other Services or Applications for Online Shopping  or any particular Service including the posting of content and commentary in the Corporate Blog and Social Medias or other public communication forums hosted on this Website, you agree that you will not upload, post or otherwise transmit or make available any content (including text links, communications, software, images, sounds, data or other information) that is not consistent with the permissible uses outlined in this Policy or the relevant Specific Terms of Use, including, but not limited to the following:

•          False, inaccurate, misleading, unlawful, harmful, threatening, abusive, tortuous, harassing, defamatory, libellous, invasive of another’s privacy, vulgar, profane, sexually oriented/suggestive/explicit, obscene, racially or ethnically offensive or otherwise objectionable.

•          Violates any laws, third party rights, or infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.

•          Constitutes advertising or promotion, junk mail, spamming, chain letters or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by TOHIGHSTREET in its sole discretion.

•          Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage or limit the functioning of any software or hardware.

•          Provides any non-public information about TOHIGHSTREET or any other company or person without the proper authorization to do so. This includes providing the names, addresses and extension numbers of TOHIGHSTREET employees and any of the users or participants of the Services.

•          Intentionally interferes with the operation of any of the Services included in this Website and/or Other Services or Applications for Online Shopping without limitation, mail or ‘post’ bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks.

•          Impersonates any person or entity, including TOHIGHSTREET employees or forges any TCP-IP packet header, email header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.

•          Attacks or insults another.

•          Suggests or encourages illegal activity.

Email, Fax and Other Forms of Electronic Communication

When you have requested for the products, services, delivery or other related documents to be sent to you by email, fax or other forms of electronic communication (including mobile messages), failure to receive it does not constitute an unsuccessful purchase. A purchase is deemed successful and complete after payment has been made and confirmed. In the event of any dispute, the purchase in the TOHIGHSTREET database is the primary record of carriage, and will prevail.

TOHIGHSTREET is not responsible for the delivery of any electronic communication. If you have any queries regarding your purchase, please kindly refer to Contact Us page to submit an online feedback form.

Links

This Website and Other Services or Applications for Online Shopping may contain links to websites maintained by third parties (“External Sites”). These External Sites are provided for user’s reference and convenience only. TOHIGHSTREET does not operate, control or endorse in any respect such External Sites or their content. Users assume sole responsibility for use of these External Sites and are therefore, advised to examine the terms and conditions of those External Sites carefully.

You must not link to this Website and/or Other Services or Applications for Online Shopping without obtaining the prior written approval of TOHIGHSTREET. Use of any automated screen capture or screen scraping technologies to obtain information from this site without the prior written approval of TOHIGHSTREET is an infringement of TOHIGHSTREET’s intellectual property rights.

Security

When you make purchase or access your member Login information, a secure server is used. Secure Server Layer (SSL) encrypts the information you send through this Website and/or Other Services or Applications for Online Shopping. Although TOHIGHSTREET would use its best endeavour to ensure security, TOHIGHSTREET makes no warranty in respect of the strength or effectiveness of that encryption and TOHIGHSTREET is not and shall not be held responsible for events arising from unauthorised access of the information you provide.

Disclaimer

The content on this Website and Other Services or Applications for Online Shopping are provided on an “as is” and “as available” basis. You therefore agree that you use this Website and/or Other Services or Applications for Online Shopping and the services provided at your sole risk.  TOHIGHSTREET, its officers, directors, employees, partners and suppliers disclaim:

•          all warranties or representations of any kind regarding this Website and/or Other Services or Applications for Online Shopping , its operations or the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any information, content or material included herein.

•          to the fullest extent permitted by applicable laws, all conditions and warranties, express and implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose or non-infringement;

•          all liability to you or anyone else for any direct, indirect, special, consequential or punitive loss or damage (including without limitation loss of revenue, loss of goodwill, loss of reputation and loss of, or damage to, data), incurred or suffered in connection with the use or inability to use this Website and/or Other Services or Applications for Online Shopping whether based in contract, tort or otherwise even if we are informed of their possibility;

•          all liability to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website and/or Other Services or Applications for Online Shopping  or an external site. You must take your own precautions to ensure that whatever you select for use from this Website and/or Other Services or Applications for Online Shopping is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

CANCELLATION & REFUND

We do not accept any refund or cancellation request without valid reasons, and our site and management reserves all the rights to justify and decide if the reason(s) provided by our customer(s) is valid / not valid to perform refund.

We do not accept any refund or cancellation request on delay in fulfilling orders, timeline that’s stated on the site is for estimation only, customer can request to check the status from time-to-time throughout our contact channels. Customers are only allowed to request for refund if the delivery / order fulfilment has been delayed 30days from indicated timeline or promised date by the brands / merchants. 

Cancellation or refund request can be made if the ordered product(s) or service(s) are no longer available. Our site will always work on alternative and options to recommend to customers. If alternative and options are not acceptable, our site will accept cancellation and refund request and process accordingly within 5-7 business days.

 PRODUCTS & SERVICES WARRANTY

All the products or services warranty that’s promised by the manufacturers is covered by manufacturer according to their own respective warranty guidelines. Our company shall not be held responsible and shall remain exempted from all liabilities in the event of any dispute in warranty. For more warranty details and guideline, please kindly visit the manufacturer website or check with their own respective customer service and support centres.

 DELIVERY & ORDER FULFILLMENT

All products and services that are available on our website are subject to their own order fulfilment, production and delivery timeline. Estimated timeline will be indicated in product description section. However, customers are not allowed to request for refund if the indicated / promised timeline cannot be met.

Customers are only allowed to request for refund if the delivery / order fulfilment has been delayed 30days from indicated timeline or promised date by the brands / merchants. 

Different brands / merchants might appoint different logistic or delivery companies to fulfil order due to their different nature of products and services, different shape and size of products, and other contributing factors. 

Our Privacy Policy

We regard your privacy as important. For more detailed information on how we collect and process your personal information, please refer to our Privacy Policy

Our Terms and Conditions of Delivery

The logistic arrangement and delivery is subject to the Terms and Conditions of our logistic and delivery partners’ Rules.

Governing Law and Venue

This Website and Other Services or Applications for Online Shopping is created and controlled by TOHIGHSTREET in Malaysia and you therefore, agree that this Policy and the Specific Terms of Use, if applicable shall accordingly be governed by the laws of Malaysia and you further agree to submit to the exclusive jurisdiction of the Malaysia courts.

Miscellaneous

If any provision of this Policy is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall be enforced. You may not assign or transfer any of your rights or obligations under this Policy, the Specific Terms of Use or Privacy Policy. Headings are for reference purposes only and do not limit the scope or extent of such section. TOHIGHSTREET’s failure to act with respect to a breach by you or others does not waive TOHIGHSTREET’s right to act with respect to subsequent or similar breaches.

TOHIGHSTREET does not guarantee it will take action against all breaches of the provisions of this Policy. This Policy and the relevant Specific Terms of Use set forth the entire understanding and agreement between you and TOHIGHSTREET with respect to its subject matter.

TOHIGHSTREET may terminate your use of this Website and/or Other Services or Applications for Online Shopping or any of the Services at any time for any reason or no reason, with or without notice. This Policy and the Specific Terms of Use, if applicable shall continue to govern all use of this Website and Other Services or Applications for Online Shopping and the particular Service notwithstanding any termination, suspension, or cancellation.

License

You grant to TOHIGHSTREET and its designees a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, and royalty free license to use all or any part of any ideas, expression of ideas, inventions, or other materials you submit, including, without limitation, feedback, comments, documents, suggestions and/or proposals (collectively, ‘Contributions’) to the Blog and Social Medias without restrictions, notice and compensation to you or any third party.

The license shall include, without limitation, the irrevocable right to rerecord or modify any audio tracks or visual images you provide, reproduce, prepare derivative works, combine with other works, alter, translate, distribute, download, link to or from, transmit, advertise, market, make, have made, display, perform, and/or license the Contributions or any part or parts thereof, and all rights therein, in the name of TOHIGHSTREET, or its designees throughout the world in perpetuity in any and all media now or hereafter known.

You agree that Contributions you submit are:

•          Original and accurate and

•          your submission of them and their use as allowed by these Specific Terms of Use do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including but not limited to any right of publicity, right of privacy, right against defamation, liable or slander, or any other proprietary right.

You acknowledge and agree that the relationship between you and TOHIGHSTREET is not a confidential, fiduciary, or other special relationship. We shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the Contributions you submit. To the extent TOHIGHSTREET’s Privacy Policy is inconsistent with the provisions of this paragraph; these Specific Terms of Use supersede the Privacy Policy.

By submitting a Contribution, you acknowledge and agree that TOHIGHSTREET and its designees may create on their own or obtain through submissions to the Blog and Social Medias or otherwise ideas, expression of ideas, inventions, or other materials, including, without limitation, feedback, comments, documents, suggestions, and/or proposals that may be similar or identical to the Contributions you submit through the Blog and Social Medias or other channels and means. You hereby waive any and all claims you may have had, may have, and/or may have in the future, arising out or relating to the fact or contention that the ideas, expression of ideas, inventions, or other materials, including, without limitation, feedback, comments, documents, suggestions, and/or proposals accepted, reviewed and/or used by TOHIGHSTREET and its designees may be similar to your Contributions.

General Release

You hereby release and agree to hold harmless TOHIGHSTREET, its subsidiaries, affiliated entities, employees, directors, officers, attorneys, agents, joint ventures, licensees and assigns and each of their respective designees (“TOHIGHSTREET Entities”) and the users of this Blog and Social Medias with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys’ fees, due to or arising out of:

•          Content, including Contributions which you submit, post, transmit or make available through the Blog and Social Medias

•          Your use of the Blog and Social Medias and the content herein including any Contributions made by any party; or

•          Your violation of these Specific Terms of Use and the Policy.

Disclaimer of third-party content

Most of the content posted to the Blog and Social Medias is provided by third parties like you. Such third-party content is the sole responsibility of the person originating that content. TOHIGHSTREET does not control and is not responsible for this third party content.

You expressly understand and agree that you bear all risks associated with using or relying on that content, and you are responsible for all of your activity on the Blog and Social Medias and for the security of your computer system.

General Practices Regarding Use & Storage

You acknowledge that TOHIGHSTREET may establish general practices and limits concerning use of the Blog and Social Medias, including without limitation the maximum number of days any uploaded Content will be retained on this Blog and Social Medias, the maximum disk space that will be allotted on TOHIGHSTREET’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Blog and Social Medias in a given period of time.

You agree that TOHIGHSTREET has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Blog and Social Medias. You acknowledge that TOHIGHSTREET reserves the right to log off accounts that are inactive.

Access and Interference

The Blog and Social Medias contain robot exclusion headers. Much of the information of the Blog and Social Medias is updated on a real-time basis and is proprietary or is licensed to TOHIGHSTREET by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Blog and Social Medias for any purpose without our express written permission.

Additionally you agree that you will not, by or through your use of the Blog and Social Medias:

•          Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure

•          Interfere or attempt to interfere with the proper working of the Blog and Social Medias or any activities conducted on the Blog and Social Medias

•          Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Blog and Social Medias

•          Transfer your TOHIGHSTREET member account (including feedback on the Blog and Social Medias) and username to another party without our consent

•          Harvest or otherwise collect information about users, including email addresses, without their consent

•          Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Blog and Social Medias

•          Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s)

Enforcement & Site Abuse

TOHIGHSTREET also may release information concerning your use of the Blog and Social Medias (including posted content, registration information and network records) when TOHIGHSTREET believes release is appropriate to comply with applicable laws, to enforce or apply these Specific Terms of Use, to protect TOHIGHSTREET’s rights or property, or to protect TOHIGHSTREET’s users from fraudulent, abusive or unlawful use of the Blog and Social Medias, or if TOHIGHSTREET reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records.

Please report problems with or offensive content on the Blog and Social Medias, and any violations of these Specific Terms of Use to the moderator.

Cancellation

You understand and agree that the cancellation of your registration is your sole right and remedy with respect to any dispute whatsoever with TOHIGHSTREET arising out or relating to the Blog and Social Medias. You can cancel your TOHIGHSTREET member registration by contacting TOHIGHSTREET via our contact channels.

Registered users of the Blog and Social Medias may not allow former users whose registration or ability to use the Blog and Social Medias has been terminated, suspended, or cancelled to use the Blog and Social Medias through them.

If your registration and/or ability to use the Blog and Social Medias is terminated or suspended, you may not register to join the Blog and Social Medias again without our express written permission. 

TOHIGHSTREET is a website / online brand / online shopping website that is solely owned and operated by ROLIPOB GROUP SDN BHD.