AVON Malaysia Website Terms and Conditions
Agreement to Terms and Conditions of Use; Modifications Thereto.
Please read these Terms and Conditions of Use (the "Agreement") carefully before using this Website. By using this Website, you agree to be bound by the Terms and Conditions of Use.
Other portions of this Website may contain additional Terms and Conditions. By using such other parts of the Website, you agree to the applicable Terms and Conditions.
Avon Cosmetics (M) Bhd. (“AVON,” “us,” or “we”), the owner of this Website, reserves the right to change this Agreement, in whole or in part, from time to time at its sole discretion, and to provide you with notice of such change by any reasonable means. Therefore, you are asked to always check this Agreement prior to using the Website. By continuing to use the Website following the posting of changes to this Agreement, you agree to accept the changes.
Ownership of Website; Copyright and Trademarks.
This Website is owned and operated by AVON and the contents are copyrighted under applicable copyright laws. You may not copy, reproduce, distribute, transmit, display, perform, publish, upload, license, create derivative works from, transfer, or sell any information or material obtained from this Website.
"AVON" and the other AVON trademarks, trade names, service marks and logos appearing on this AVON Website are proprietary trademarks of AVON. The use or copying of any of our trademarks or any other content made available through this AVON Website, except as expressly provided in this Agreement, is strictly prohibited.
Registration to Use the Website.
You may be required to register with AVON in order to access certain areas of this Website. With respect to any such registration, AVON has the right to grant or deny you the usage of a User Name or Email Address in accordance with its policies, such as for reasons that these belong to or are already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or for any other reason in its sole discretion. You have full responsibility to protect the confidentiality of your User Name and Password. You are fully responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with this AVON Website that occur in connection with your user name. If you become aware of any unauthorized use of your User Name and Password, please notify AVON immediately. AVON will not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
No Unlawful or Improper Conduct
Users of this AVON website are required to comply with all applicable laws, statutes, ordinance and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Web Site for any purposes that is unlawful or improper.
It is impossible to enumerate all kinds of unlawful and improper conduct. Generally, the following acts are prohibited in connection with this AVON Website: (a) harassment, defamation and intimidation; (b) obscenity, pornography; (c) acts that give rise to criminal or civil liability; (d) fraud and misrepresentation; (e) infringement of copyrights and trademarks, (f) advertising or offering to sell products and services without AVON's permission; and (g) interfering with or restricting the operation of this AVON Website.
Purchases and Other Transactions.
If you wish to purchase any product or use a service or locate an AVON Representative (Representative) through this AVON Website, you may be asked to supply certain information relevant to your desired transaction. Any such information provided through this AVON Website will be treated by AVON in accordance with this Agreement and the Security and Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any transaction.
AVON reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Merchandising offers, product prices and availability of any product or service offered through this AVON Website are subject to change without prior notice, and AVON shall not be responsible for errors in the offers, prices or descriptions of such products or services. Refunds and exchanges of products will be subject to AVON's refund and exchange policies then in effect. For transactions that are subject to tax, you remain responsible for any taxes that may be applicable.
Except when expressly stated by AVON on this AVON Website, AVON is not affiliated or associated with and has no responsibility for operators of any third party websites that link to or are linked from this AVON Website.
AVON shall have the right, at any time and at its sole discretion, to block links to this AVON Website through technological or other means without prior notice.
This AVON Website is PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AVON MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THIS AVON WEBSITE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. AVON MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY AVON INDEPENDENT SALES REPRESENTATIVES; (B) THAT THIS AVON WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THIS AVON WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THIS AVON WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH THIS AVON WEBSITE ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of this AVON Website and the servers from which this AVON Website are operated, this AVON Website may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to this AVON Website. If you become aware of any unauthorized third party alteration to this AVON Website, contact us with a description of the material(s) at issue and the URL or location on the applicable portion of this AVON Website where such material(s) appear.
Limitation of Liability.
IN NO EVENT SHALL AVON, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "AVON ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THIS AVON WEBSITE, (C) YOUR USE OF OR INABILITY TO USE THIS AVON WEBSITE, OR (D) THE ACTS OR OMISSIONS OF AVON INDEPENDENT SALES REPRESENTATIVES, IN EACH EVENT, EVEN IF AVON OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AVON IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. AVON IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY AVON INDEPENDENT SALES REPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL AVON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THIS AVON WEBSITE, OR YOUR USE OF OR INABILITY TO USE THIS AVON WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS AVON WEBSITE.
You will indemnify and hold the AVON Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with this AVON Website; (b) any violation of this Agreement or any other AVON terms, conditions or policies by you or through any account you may have with any portion of this AVON Website; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through this AVON Website infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any of this AVON Website's visitor, user, or customer, or any other third party; and you agree to reimburse the AVON Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).
Termination and Enforcement.
This Agreement is effective until terminated by AVON. You agree that AVON, at its sole discretion, may terminate your access to or use of this AVON Website, at any time and for any reason, including without limitation if AVON believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use this AVON Website will immediately cease. You agree that any termination of your access to or use of this AVON Website may be effected without prior notice and that AVON may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that AVON shall not be liable to you or any third party for any termination of your access to this AVON Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. AVON reserves the right to takes steps that AVON believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of this AVON Website and/or a third party claim that your use of this AVON Website is unlawful or violates such third party's rights).
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, with regard to its conflicts of laws principles when necessary. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in Malaysia, and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AVON. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading or caption contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and AVON relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and AVON relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to this AVON Website, by email, or by regular mail, at AVON's discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.