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Website Terms of Use

www.pacfica2u.com.my Website Terms of Use

 

Please read these website terms of use carefully before using this website (hereinafter ‘website’). These website terms of use (hereinafter ‘terms of use’) govern your access to and use of the website. The website is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the terms of use, do not access or use the website. By accessing or using the website, you and the entity you are authorised to represent (hereinafter ‘you’ or ‘your’) signify your agreement to be bound by the terms of use.

 

User Eligibility

The Website is provided by PACIFICA DIRECT SDN BHD – Company No.: 199701029138 (444637-A) and available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If You do not qualify, You are not permitted to use the Web Site.

 

Scope Of Terms Of Use

These Terms of Use govern Your use of the Website and all applications, software and services (collectively known as “Services”) available via the Website, except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Website (“Service Agreement(s)”). Any such Service Agreements will accompany the applicable Services or are listed in association therewith or via a hyperlink associated therewith.

 

Modifications

PACIFICA may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice, at the sole discretion of PACIFICA. PACIFICA may also change or impose fees for products and services provided through the Website at any time, at its sole discretion. PACIFICA may establish or change, at any time, general practices and restrictions concerning other PACIFICA products and services at its sole discretion.

 

PACIFICA Privacy Notice

With respect to any individual whose personal information is provided by You to PACIFICA, You represent to PACIFICA that You have obtained all necessary consents for the processing of such personal information under the personal data protection regulations, contemplated by the Services.

 

Licence and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the Web Site and its contents (the “Content”) are the sole property of PACIFICA, its affiliates or third parties. The Content is protected by Intellectual Property and other laws both in Malaysia and other countries. Elements of the Website are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Website are trademarks, service marks or trade name (“Marks”) of PACIFICA, its affiliates or other entities that have granted PACIFICA the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of PACIFICA. Except as otherwise expressly authorised by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Website in any way without PACIFICA’s prior written permission or that of an appropriate third party. Except as expressly provided herein, PACIFICA does not grant to You any express or implied rights to the Intellectual Property of PACIFICA or that of any third party.

 

PACIFICA hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to (a) access and use only the Website, Content and Services only in the manner presented by PACIFICA, and (b) access and use the PACIFICA computer and network services offered within the Web Site (the “PACIFICA Systems”) only in the manner expressly permitted by PACIFICA. Except for this limited license, PACIFICA does not convey any interest in or to the PACIFICA Systems, information or data available via the PACIFICA Systems (the “Information”), Content, Services, Web Site or any other PACIFICA property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of PACIFICA. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by PACIFICA.

 

Restrictions on Use Of The Website

In addition to other restrictions set forth in these Terms of Use, You agree that:

  • You shall not disguise the origin of information transmitted through the Website.
  • You will not place false or misleading information on the Website.
  • You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by PACIFICA.
  • You will not input or upload to the Website any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property rights of another.
  • Certain areas of the Website are restricted to customers of PACIFICA.
  • You may not use or access the Website or the PACIFICA Systems or Services in any way that, in PACIFICA’s judgment, adversely affects the performance or function of the PACIFICA Systems, Services or the Website or interferes with the ability of authorised parties to access the PACIFICA Systems, Services or the Website.
  • You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of PACIFICA.

 

Links

Outbound Links. The Website may contain links to third-party Websites and resources (referred to collectively hereinafter as “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by PACIFICA of the content of such Linked Sites. PACIFICA makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. PACIFICA shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

 

Inbound Links. Linking to any page of the Website other than to www. pacifica2u.com.my through a plain text link is strictly prohibited in the absence of a separate linkage agreement with PACIFICA. Any Website or other devices that link to www.pacifica2u.com.my or any page available therein is prohibited from

 

  • replicating Content,
  • using a browser or border environment around the Content,
  • implying in any fashion that PACIFICA or any of its affiliates endorse it or its products, 
  • misrepresenting any state of facts, including its relationship with PACIFICA or any of the PACIFICA affiliates,
  • presenting false information about PACIFICA products or services, and
  • using any logo or mark of PACIFICA or any of its affiliates, without express written permission from PACIFICA

 

Termination

You agree that PACIFICA, at its sole discretion, may terminate or suspend Your use of the Website, the PACIFICA Systems, Information, Services and Content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, You must immediately 

 

  • discontinue Your use of the Website, and 
  • destroy any copies You may have made of any portion of the Content. Accessing the Website, the PACIFICA Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, You agree that PACIFICA shall not be liable to You or to any third party for any termination or suspension of Your access to the Website, the PACIFICA Systems, Information and/or the Services.

 

Disclaimer of Warranties

PACIFICA makes no representations about the results to be obtained from using the Website, the PACIFICA systems, the services, the information or the content. The use of same is at your own risk. The Website, the PACIFICA systems, the information, the services and the content are provided on an “As is” basis. PACIFICA, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose. PACIFICA and its affiliates, licensors and suppliers make no representations or warranties concerning the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the web site or the PACIFICA systems. No information obtained by you from the Website shall create any warranty not expressly stated by PACIFICA in these terms of use.

 

Limitation of Liability

To the extent permitted by law, in no event shall PACIFICA, its affiliates, licensors, suppliers or any third parties mentioned at the Website be liable for any incidental, direct, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from lost data or business interruption resulting from the use of and/or inability to use the website, the PACIFICA systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not PACIFICA is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for herein.

Compliance With Law including Export Control

You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of PACIFICA, negatively reflect on the goodwill or reputation of PACIFICA and You shall take no action which might cause PACIFICA to be in breach of any laws, rulings or regulations applicable to PACIFICA. 

PACIFICA and the Website are based in Malaysia. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under Malaysia or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).

 

Governing Law and Jurisdiction

To the fullest extent permitted by law, these Terms of Use are governed by the laws of Malaysia and courts in Malaysia will have jurisdiction.

 

General

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document. 

 

At Pacifica Direct Sdn Bhd, we strive to ensure your complete satisfaction with our products and services. Please review our Shipping, Delivery, Return, Refund, and Cancellation policy below:

 

Shipping Methods and Timeframes:

We offer standard shipping for all orders. West Malaysia: 3 to 5 working days, East Malaysia: 12 to 15 working days.

 

Shipping Costs and Fees:

Shipping costs will be automatically calculated during the checkout process based on the destination and chosen shipping method.

 

Order Processing Time:

Orders are processed within 2 working days from the date of order placement.
For same-day processing, please ensure orders are placed before 12 pm daily.

 

International Shipping:

 We do not currently offer international shipping.

 

 

 

Tracking Information: 

Customers will be able to track and monitor their shipment progress via GDEX website  – https://www.gdexpress.com/malaysia/home. Tracking details will be sent to the customer via email upon order confirmation.

Order confirmations will be sent to customers via email immediately after order placement.

 

Returns:

We accept returns within 7 days of the purchase date for items that are unused, undamaged, and in their original packaging. To initiate a return, please contact our customer service team at +6010-869 1137 or email to support@pacifica2u.com to obtain a confirmation.
Customers are responsible for return shipping costs unless the return is due to our error or a defective product.

 

Refunds:

Once we receive and inspect the returned item(s), we will process the refund to the original payment method used for the purchase. Refunds may take 7-10 business days to appear in your account, depending on your bank or credit card issuer.

 

Cancellation Policy:

You may cancel an order within 24 hours of placing it for a full refund, provided the order has not been shipped or processed. To cancel an order, please contact us immediately at +6010-869 1137 or email to support@pacifica2u.com with your order details.

 

Damaged or Defective Items:

If you receive a damaged or defective item, please contact us within 7 days of receipt. We will work with you to replace the item or issue a refund as quickly as possible.

Note:

All returned items must include all original packaging, tags, and accessories.
We reserve the right to refuse refunds or exchanges if the item(s) do not meet our return policy criteria.

 

Contact Us: 

For any further inquiries or assistance regarding returns, refunds, or cancellations, please reach out to our customer service team at +6010-869 1137 or email to support@pacifica2u.com.

 


 

PACIFICA DIRECT SDN BHD

1-3, Street Wing, Sunsuria Avenue,

PJU 5, Persiaran Mahogani,

Kota Damansara, 

47810 Petaling Jaya, Selangor.

+6 010-869 1137

support@pacifica2u.com

Copyright © 2023 Pacifica Direct Sdn. Bhd. All rights reserved.

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