Terms of Use

(Accurate as at 30 August 2019)

Introduction

This website or mobile application (“Site”) is operated by United Nude Malaysia (M) Sdn Bhd (“United Nude”) and its related entities, affiliates and subsidiaries, collectively referred to as “United Nude” or "United Nude" with its head office A-15-5, Tower A, Tropicana Avenue, Jalan Persiaran Tropicana PJU 3, 47800 Petaling Jaya, Selangor Darul Ehsan, Malaysia. 

Access to this Site and/or the Services (both defined below) is subject to these Terms and Conditions and our Privacy 

Policy (collectively the “Terms”). By accessing this Site, ordering Products and/or using the Services, you hereby agree to be legally bound by these Terms. These Terms may change from time to time, without prior notice. If you do not accept these Terms and/or the additional Terms, please leave the Site and discontinue use of the Services immediately.

Definitions and Meanings

In this Agreement, the following definitions shall apply unless the context does not expressly provided:

"Agreement" means the agreement formed by these Terms.
 "United Nude Content" means all Content of United Nude that is made available on or via this Site.
 "Electronic Device" means your computer, notebook computer, personal digital assistant, mobile phone, tablet device or other electronic device used to access this Site or the Services.
 "Content" means product listings, product descriptions & reviews, materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
 "Linked Sites" means websites whose links appear on the Site.
 "Marks" means the logo, trademarks and service marks used on the Site.
 "Privacy Policy" means the United Nude Privacy Policy available on the Site, as may be amended from time to time.
 "Products" means products and/or services for which United Nude invites orders on this Site.
 "Servers" means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
 "Site" means the website at www.unitednudemy.com.
 "Third Party Products" means products and services of third parties advertised on or available at the Site or websites linked from the Site, including products supplied by third parties.
 "Third Party User Content" means all User Content which is not created, transmitted, posted or uploaded by you.
 "User Content" means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
 "Terms" means this Website Terms and Conditions as well as the Privacy Policy.

The words “include” and “including” shall not be construed as having any limiting effect.

The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.

Representations & Warranties

You hereby represent and warrant that:

• You have read and accept the Terms in its entirety;
• You are at least 18 years old and have the necessary legal capacity, right, power and authority to accept these Terms and you are either;
• accessing this Site, using the Services and contracting in your own personal capacity; or
• accessing this Site, using the Services and contracting on behalf of a corporate or other legal entity.
• You are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Terms; and
• All information provided by you to United Nude (including without limitation personal particulars and contact information) is legally accurate and wholly complete.

Use of the Site 

This site is owned and maintained by United Nude.

You agree not to upload, post or transmit, through the Site or any of the Services, any materials which:

• restrict or interrupt access to the Site and/or the Services by another individual;
• are fraudulent, unlawful, prejudicial, threatening, abusive, tortious, defamatory, obscene, hateful, harassing, or violate the privacy of others;
• constitute or encourage conduct that could lead to criminal prosecution, give rise to civil liability or would otherwise constitute infringement of any applicable law;
• violate or infringe the rights of a third party, including, without limitation, patent, trademark, trade secret, copyright, or any other proprietary or personality rights;
• contain a virus, a malware, a software whose purpose is to index the Site’s Content, data exploration process, robots, spiders or devices for data collection and extraction tools or any similar harmful component; or
• are promotional unsolicited or unauthorized advertising content such as spam, chain letters, pyramid schemes or any other form of solicitation.

Notwithstanding the above limitations, a limited exception is granted to Internet search engines for general and non-commercial public archives that use tools to collect information for the sole purpose of displaying hyperlinks to the Site, provided that each of them proceed so from a fixed IP address or range of IP addresses using an easily identifiable agent.

Content Use Conditions

You may not reproduce, exchange, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit posts, messages, texts, files, images, pictures, videos, sounds or any other element (the “Content”) from the Site, for any commercial or other purposes, any portion of, or any access to:

a.any Service and/or The Site’s; 

b.any United Nude Content except, to the extent permitted, with the prior written consent of United Nude or unless expressly permitted in these Terms; or

c.any User Content except with the prior written consent of United Nude and the owner of the specific User Content, unless you are the sole owner of the specific User Content;

d.All United Nude Content are the copyrighted work of United Nude or its content or software providers, and United Nude reserves and retains all rights in the United Nude Content. Use of some United Nude Content may be governed by the Terms of an accompanying end user license agreement.

e.You may not decompile, reverse engineer or otherwise attempt to discover the source code of any United Nude Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or by United Nude in writing.

You agree not to interrupt or attempt to interrupt the operation of the Site or any services offered through the Site in any way. 

User’s Account

United Nude may require you to register an online account (“Account”), to enable you to access and use certain portions of this Site or use certain Services.

You agree that your Account is for your sole personal use and creation of an online Account is limited to one account per individual only. You hereby agree not to:

• share with or permit others to use your Account; or
• assign or otherwise transfer your Account to any other person or entity;
• use your Account for commercial purposes.

You shall provide United Nude with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of this Agreement, which may result in the restriction, suspension or immediate termination of your Account. You further always undertake to keep your Account information updated, such that it is accurate, current and complete. You agree that creation of an online account is limited to one account per individual only.

Part of the registration process for the Account, you will select a password ("Password") and user identification ("User ID"). You may not:

• select or use a User ID of another person with the intent to impersonate that person; 
• use a name subject to the rights of any other person without authorization; or
• use a User ID that United Nude, in its sole discretion, deems inappropriate or offensive.

You shall promptly notify United Nude of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User ID and Password.

You shall be bound by and responsible for, and United Nude shall be entitled to rely on, all communications transmitted through the use of your User ID and Password, and all such communications shall be deemed to be communications to be solely made and issued by you.

You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User ID and Password.

United Nude shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User ID and Password.

You irrevocably agree that United Nude reserves the right to change or re-assign User IDs and/or Password(s) at its sole discretion by giving you notice. United Nude shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.

By providing the information requested for your Account, you hereby provide your consent to United Nude’s use and disclosure of all such information for the purposes set out in our Privacy Policy.

Confidentiality & Utilisation of Personal Data

• United Nude cares about Your privacy. Any and all personal information that United Nude collects about You through Your use of the Site is subject to United Nude’s Privacy Policy.
• United Nude will use its best endeavors to maintain reasonable standards of security. However, no Internet data transmission may be considered completely safe and private. You understand that any message or information that You send to the Site or through the Services may be read or intercepted by others. Sending an email to United Nude shall not create any reciprocal obligation or responsibility of United Nude towards You. 
• Please note that we may transfer, use and/or store Your personal data outside of Your Region, for the purposes and in accordance with United Nude’s Privacy Policy, which is available on the Site.

Suspension & Termination

You agree that United Nude has the right in its sole and absolute discretion and without notice to:

• restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason; and-
• without prejudice to the above, It is expressly provided hereby that United Nude reserves the right to deactivate and/or suspend your Account should there have been inactive period of six (6) months or more, or should you are engaging or is about to engage in any form of antecedent or unprecedented breach of any term of this Agreement or if United Nude has reasonable grounds to believe that you have been using the Account for unlawful, unapproved and/or undesirable activities.
   Your eligibility to access and/or use any of the Services or participate in any promotions shall be thereafter consequently affected.

You irrevocably agree not to hold United Nude liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.

Online Conduct and Behaviour

You hereby undertake:

• to comply with these Terms, and such other notices or guidelines that may be posted on the Site by United Nude from time to time (which shall be incorporated by reference into these Terms);
• not to use any Service or United Nude Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
• not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
• not to use the Account of another user at any time, whether with or without his/her prior permission.

Amendments to the Website

United Nude reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. United Nude shall be entitled to impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.

United Nude shall be entitled from time to time change, vary or amend these Terms by posting the amended Terms at this Site. Any use of the Services or access to the Site after the amendment of these Terms shall be deemed to be acceptance of the amended Terms by you irrevocably. If you do not agree to the amended Terms, you have the right to cease using the Services or to exit the Site with immediate effect.

User Content & License

You irrevocably agree to exercise respect and to act reasonably when participating in any community feature on the Services which permits you to upload or submit User Content. You further agree not to use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others.

You shall not submit, upload or publish on the Site or through United Nude:

• any User Content that is inaccurate, misleading, libelous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law of Malaysia or the proprietary or other rights of any third party; 
• any User Content that solicits funds, commercial solicitation, chain letters, mass mailings or any form of “spam” or includes programs that contain viruses, Trojan horses, worms, time bombs, data miners, web crawlers, bots, spiders or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer; or
• without the relevant third-party owners’ permission, any links to third party websites or use any third-party Marks, (individually and collectively “Improper Works”).

If, at any time you upload or post User Content to the Site you automatically:

• grant United Nude, its affiliates, subsidiaries and subcontractors (including its Internet content hosting servers and delivery networks) a non-exclusive, royalty-free, irrevocable, perpetual and worldwide license to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-license the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers;
• represent and warrant that:

(i)    all User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
 (ii)    none of the User Content are proprietary or confidential;
 (iii)   none of the User Content are Improper Works, nor will they expose United Nude to any civil or criminal proceedings in any part of the world; and
 (iv)    the use by United Nude and other users for the purposes and in the manner set out in this Terms, and the hosting of the User Content on the Servers by United Nude will not require any further licenses from, or infringe any intellectual property or other rights of, any third party.

United Nude at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, United Nude may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which United Nude believes are Improper Works, or which is the subject of any dispute.

You irrevocably agree to indemnify and hold United Nude, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of any User Content or Improper Works you submit, post to or transmit through the Site or Services.

The copyright and intellectual property rights in all User Content which belong to you prior to uploading on this Site shall be retained by you, subject to the license granted by you under these Terms and subject to United Nude’s rights in the compilation of all User Content.

Intellectual Property Rights

The copyright, patents, Marks, registered designs and all intellectual property rights used in the Services, the Site, and all United Nude Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with United Nude. The Site as a whole is protected by copyright and all worldwide rights, titles and interests in and to the Site are owned by United Nude. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these materials is prohibited. All rights not expressly granted in written are reserved by United Nude.

The Marks displayed on this Site are the property of United Nude or other third parties, and all rights to the Marks are expressly reserved by United Nude or relevant third parties. You are not permitted to use any Marks without the prior written consent of United Nude or such third party. United Nude and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of United Nude or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of United Nude.

The domain name on which the Site is hosted on is the sole property of United Nude and you may not use or otherwise adopt a similar name for your own use.

Website Links

United Nude may or may not provide links to Linked Sites that may be of relevance and interest to users. United Nude retains no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.

At all material times, United Nude does not endorse any entities featured on Linked Sites or any products or services which may be available from Linked Sites.

Relationship between Parties

At all material times, nothing in these Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between United Nude and you and neither party shall have any authority to bind the other in any way.

Disclaimers & Limitation of Liability

While we make every effort to ensure that all United Nude Content displayed on the Site is accurate and complete, we provide the United Nude Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, United Nude disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, United Nude does not warrant that the functions contained in or access to the Site, Services, United Nude Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, United Nude Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any United Nude Content in or with any Computer will not affect the functionality or performance of the Computer. United Nude does not warrant or make any representations regarding the use or the results of the use of the United Nude Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not United Nude) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold United Nude liable for the loss of any of your User Content due to any circumstances beyond the reasonable control of United Nude.

The data and information made available on the Site are of a general nature and do not purport, and shall not at all material times be in any way be deemed, to constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. United Nude does not sponsor, endorse or promote any products, services or information.

You duly acknowledge that it is not United Nude’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that United Nude does not endorse and shall not be responsible for any such content.

You duly acknowledge and irrevocably agree that United Nude does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and United Nude hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.

You duly agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and United Nude shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.

You also acknowledge and irrevocably agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Terms, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we shall not be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.

You irrevocably agree that:

• United Nude shall be entitled at any time, at its sole and absolute discretion and without prior notice, add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
• access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, United Nude shall not be liable for any loss, liability or damage which may be incurred as a result.

In no event shall United Nude be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the United Nude Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that United Nude is found to be liable for damages despite the foregoing provision, you agree that United Nude’s aggregate liability to you for any and all causes of action in relation to the United Nude Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to United Nude for the one (1) month period immediately preceding the time such liability arose. The liability exclusions and limits for Products offered for sale on this Site are set out in the Conditions of Sale.

Under no circumstances, including, but not limited to, negligence, shall United Nude be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the United Nude Content, Services, Third Party Products, Site, or any other website, even if United Nude or a United Nude authorized representative has been advised of, or should have foreseen, the possibility of such damages.

You irrevocably agree that the above exclusions and limitations of liability enable the Services and the United Nude Content to be provided by United Nude may be provided at either reasonable costs to you.

Invalidity & Severability

If any provision of the Terms is found to be void, invalid or unenforceable by a competent court for any reason whatsoever, such provision shall be enforced to the fullest extent possible to reflect the parties’ intent. 

This shall not affect the validity and enforceability of any remaining provision of the Terms, which shall remain in full force and effect.

If any provision of these Terms is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms shall continue in force save that such provision or part thereof shall be deemed to be deleted.

Waiver

At all material times, no waiver of any rights or remedies provided by United Nude shall be deemed to be effective, valid and applicable unless such waiver has been expressly made in writing and shall have been duly signed by an authorized representative of United Nude.

Any failure by United Nude to exercise or enforce any rights or privileges conferred upon it by these Terms shall not be deemed to be a waiver or variation of any such rights or to operate so as to bar the exercise or enforcement thereof at any time or times. 

Force Majeure

No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

For the purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s location or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labor disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

Indemnification

You hereby irrevocably agree to indemnify and hold United Nude and its subsidiaries, affiliates, officers, associates, agents, partners, and employees, harmless from any or all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full-indemnity basis), awards, losses and/or expenses that United Nude , and its subsidiaries, affiliates, officers, agents, or other partners, and employees, may or may not be subject to, directly or indirectly, due to or arising out of:

• any use of the Site or any Site;
• your connection to the Site; 
• your breach of any terms and conditions of these Terms; 
• your violation of any rights of any another person or entity; or 
• your breach of any statutory requirement, duty or law, whether or not it is implied or expressed.

Governing Law and Jurisdiction

These Terms and all matters relating to your access to, or use of, this Site and the Services shall be strictly governed by and construed in accordance with the provisions of the Malaysia Evidence Act 1950, the Electronic Commerce Act (ECA) 2006 (Act 658) and the Personal Data Protection Act 2010, without giving effect to any principles of conflicts of law.

You irrevocably hereby agree to submit to the non-exclusive jurisdiction of the Malaysian courts in the event of any disputes.

Notification of infringement

Without prejudice to any of the above, United Nude reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of United Nude Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. Should you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify United Nude in writing immediately in the form and containing the information prescribed by The Copyright Act 1987 (Malaysia) (“Infringement Notice”).

All Infringement Notices shall be sent to United Nude addressed as follows:
 
 UNITED NUDE (M) SDN BHD

A-15-5, Block A, Tropicana Avenue,

Jalan Persiaran Tropicana PJU 3,

47800 Petaling Jaya,

Selangor Darul Ehsan,

Malaysia.

United Nude may in response to all Infringement Notices submitted in the above manner attend to the necessary investigations and if necessary, remove the Infringing Material from the Site within a reasonable time. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against United Nude in respect of any Infringing Material, unless you have first given United Nude the Infringement Notice and sufficient opportunity and reasonable amount of duration to remove the said Infringing Material, and thereafter United Nude refuses or fails to remove the Infringing Material within a reasonable time. Where United Nude removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against United Nude under any applicable law which you may or may not have in respect of any Infringing Material appearing on the Site prior to such removal by United Nude.

You acknowledge and irrevocably agree that United Nude has no control and shall at no point undertake to any form of responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.

Contact Us

Should you have any queries or grave concerns about these Terms or any issues raised in these Terms or on the Site, please do not hesitate to contact us at [email protected].

Terms of Purchase

This document, read together with the additional information available on www.unitednudemy.com (the “Site”) shall deem to constitute the Terms of Purchase (Terms in force between the user of the Site (“You”, “Your” or the “User”) and United Nude Malaysia (“United Nude”). It specifically governs the contractual relationship between You and United Nude in furtherance to any purchase made on or through the Site (the “Transaction”). At the time of verification of Your order, by checking the box provided for this purpose and clicking on the "CHECK OUT" button, you hereby irrevocably agree and state that You fully and unconditionally accept these Terms.

Definitions

In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:

"Buyer" means the person or legal entity identified in the Order as the purchaser of the Products. "United Nude" means United Nude Malaysia
 "United Nude Product" means a Product bearing the United Nude trade mark for which United Nude invites Orders in accordance with these Conditions.
 "Conditions" means these Terms and Conditions of Purchase.
 "Contract" means a contract for sale between United Nude and the Buyer of the Products formed.
 "Defective Product" is defined in Defects
 "Force Majeure Event" means any event or circumstance the occurrence and the effect of which United Nude could not reasonably prevent or avoid including:
 (a)    explosion, fire, flood, war, earthquake, storm or other natural disasters;
 (b)    war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts whether online or offline, riot or civil disturbance;
 (c)    import or export regulations or embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or any intervention of any governmental or regulatory authority;
 (d)    epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organization or any governmental authority;
 (e)    strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of United Nude or any other person); and
 (f)    telecommunication, network or Internet disruptions or interruptions;
 (g)    we collect it by other lawful means
 "Online Payment" means payment by any one or more of the following payment modes as may be designated by United Nude from time to time: credit card, debit card, charge card, Paypal, online store credit, and other designated payment modes.
 "Online Store" means the United Nude online store currently accessible at www.unitednudemy.com.
 "Order" means an online order placed via the Online Store by a Buyer with United Nude for the Products in accordance with these Conditions.
 “Parties” means United Nude and the Buyer and “Party” means any one of them.
 “Payment Processing Company” means the applicable payment or card processing entity for the relevant Online Payment mode.
 "Product" means a United Nude Product or Third Party Product listed at the Online Store for which United Nude invites Orders in accordance with these Conditions.

Words using the singular or plural number also include the plural or singular number.

Any reference to a "person" or “entity” includes a reference to an individual, a sole proprietor, a partnership, an unincorporated association and a company.

The headings in these Conditions are inserted for convenience only and shall be ignored in construing these Conditions.

A reference to the word “include” or “including” shall not be construed as having any limiting effect.

Application and effect

These Conditions shall govern the sale of the Products listed at the Online Store by United Nude to the Buyer, save where Buyer has specifically signed a separate purchase agreement with United Nude, in which case the Terms and Conditions of the separate agreement shall govern and be applicable.

By ordering the Products or accepting delivery of the Products described on the Invoice, the Buyer irrevocably agrees to be legally bound by and is duly deemed to have accepted and acknowledged in full of these Conditions.

Territory

You may place an Order only if Your billing address, Your delivery address, and the address corresponding to Your credit card are all located in one and the same region, Malaysia (the ’’Region’’).

Modification of Terms

United Nude hereby formally request that You are required to carefully read the Terms before entering into any Transaction through the Site. In any event, You are bound by the version of the Terms that is in force currently on the Site confirming Your intent to order products on the Site (the “Order”). 

United Nude may or may not at any time amend the Terms, without prior notice. You are advised to regularly check the Terms so as to remain informed of their latest amendments. By continuing to use the Site or the Services, You are agreeing to continue to be bound by these Terms as amended from time to time.

Orders, Prices and Payment Terms 

United Nude will process Orders for delivery in Malaysia.[KSF1]

Buyer shall indicate the Products it wishes to order and the quantity required, at the price and in the currency specified by United Nude at the Site, by placing an Order on the designated online form at the Site and providing to United Nude all necessary information as may be required by United Nude at the Site.

All Orders made by the Buyer for one or more Product(s) shall be deemed to be an offer made by the Buyer to purchase such Product(s) upon the terms of these Conditions and for the selected Products and quantities set out in the Order. All Orders shall then be subjected to the acceptance by United Nude at its sole and absolute discretion.

United Nude may or may not then accept an Order by:

• contacting the Buyer by email or other mode of communication within a reasonable time after Buyer has made the Order, to either:

(i)    accept and confirm the price, quantity, and delivery date and time of the Product(s) ordered by the Buyer; or
 (ii)    in the case of Orders exceeding a certain quantity or value, request that the Buyer submit an email request to United Nude, or

• delivering the Product(s) ordered to the Buyer, and upon such acceptance, a binding Contract shall be formed upon the terms set out in these Conditions, the Terms of the accepted Order (excluding any Terms which are not accepted by United Nude), and such other Terms and Conditions as United Nude may impose as a condition of its acceptance. For the avoidance of doubt, no Contract shall come into existence unless and until the Order has been accepted by United Nude in the manner set out in this Terms. Processing or acceptance of Online Payment for an Order shall not in itself constitute acceptance of the Order by United Nude, provided that where an Order is rejected by United Nude, any payment made for such Order shall be reversed by United Nude or an online store credit or any mode of replacement to the discretion of United Nude shall be given to the Buyer.

United Nude shall at all material times be absolutely entitled to:

• decline to accept or reject the Buyer’s Order in whole or in part without assigning any reason; or
• delay or defer delivery of any Order in whole or in part due to Product unavailability, low inventory levels, or for any other reason.

At all material times, United Nude shall not be liable for any errors in the pricing or specification of Products ordered by the Buyer that may appear at the Site. The price to be paid by the Buyer for all Products shall be United Nude’s current selling price on the date of acceptance by United Nude of the Order, which may or may not be correctly reflected at the Site, which discretion is entirely vested in United Nude.

No promotion, offer, voucher, and/or online store credit may be applied retroactively to any standing or previously made Orders. Any applicable promotions, offers, vouchers, or online store credit shall be stated prior to checkout as these cannot be duly claimed or applied after an Order have been made. No promotion, offer, voucher, or online store credit shall be exchanged for cash.

Unless otherwise agreed by United Nude in writing in advance, payment for the Products shall be made by the Buyer in full by valid Online Payment before physical delivery of Products.

The Buyer fully warrants and irrevocably agrees that it is ordering Products for his/her own use only and not for re-sale, distribution or export. The Buyer shall indemnify United Nude and hold United Nude harmless against all losses, damages, liabilities, expenses and costs arising from any breach of this Terms and Conditions.

For any or all modes of Delivery, the Buyer shall bear all shipping and handling charges (where applicable), as well as all applicable duties, tariffs and taxes (including but not limited to Goods and Services Tax) at the prevailing rates, which are not determined at checkout but will be determined by your local customs officials once the Products arrive in your location (where applicable). The Buyer shall not be entitled to reject any Products, withdraw any Order, or claim any refund on the grounds that the Buyer does not agree with any such duties, tariffs and taxes.

All Online Payments are subjected to processing by United Nude’s payment service provider, the approval of the Payment Processing Company and the relevant paying bank. United Nude shall not and will not be liable in any way if the payment service provider, Payment Processing Company or the paying bank refuses to process or accept any Online Payment particulars for any reason whatsoever connected.

The Buyer irrevocably agrees to submit to United Nude and its payment service provider such Online Payment or card information and other personal and delivery information as may be reasonably requested by United Nude or its payment service provider to process the Order, payment for the Order, and to arrange for delivery and invoicing. All information submitted shall be subjected to United Nude’s Privacy Notice. United Nude shall require its payment service provider to keep such information in the strictest confidence and shall not use the same for any purpose other than to carry out its services, and Buyer irrevocably agrees that United Nude shall not and will not be liable for any loss, damage, or liability in the event of any unauthorised disclosure of such information by its payment service provider.

It is hereby expressly and explicitly provided to the Buyer that United Nude fully reserves the rights to exercise its lawful remedies if a dispute or issue arises over Online Payments, or if it does not receive full payment for an Order. In particular, but without any limitation to any other remedies, if the Payment Processing Company or the paying bank rejects or reverses the payment for an Order, United Nude may in its sole and absolute discretion:

• Cancel or revoke the Order; and/or
• Refuse and decline to accept future Orders from you.

Product Availability 

Products displayed on the Online Store are subject to availability. Products may also be available in selected United Nude stores in Malaysia while stocks last. In some cases, Products displayed for sale on the Site may or may not be available in United Nude stores or vice versa.[KSF2]

United Nude will endeavor to display and describe as accurately as possible the colors, sizes, dimensions, information and other attributes of Products (“Attributes”). However, due to the inherent limitations of electronic displays and the characteristics of certain materials, actual Attributes of individual Products may or may not vary. Slight marks and color/print variations should not be considered as defects or render the Product non-compliant, but are inherent characteristics of the Product. All Attributes stated on the Site shall be taken as an approximate Attribute only.

All Products displayed for sale on this Site are constructed by man-made materials unless otherwise expressly stated.

Ownership and Risks of Products

Risks and liabilities of the Products shall be borne by the Buyer upon our delivery of the Products to the carrier.

Title and ownership of the Products shall not pass to Buyer until receipt by United Nude of full and final payment for the Products and delivery of the Products to Buyer.

Delivery and Cancellation of Order

The Buyer shall state and designate in the Order the Buyer’s preferred delivery option or if available, collection options, and where the delivery option is selected, the address for delivery of the Products.

Subject always to United Nude[KSF3] acceptance of the Order and to the Terms,

Where the delivery option is selected:

(a)    United Nude shall deliver the Products to such place of delivery as may be designated by the Buyer and agreed to by United Nude. If no one is available at the delivery address to receive the Products, United Nude’s delivery agent will leave an "unable to deliver" card at the address and the Buyer should follow the directions on that card to obtain delivery of the Products;

• Customer able to decide delivery date, Delivery will take 4-5 working days

         (b)    The Buyer shall bear and pay to United Nude:

(i)   the Delivery and Shipment Charges;
 (ii)   the delivery, re-delivery, shipment, return, forwarding, re-shipment, and administrative costs, tax, duties, storage and disposal charges and costs for any Product(s), which is/are rejected by the Buyer where such rejection is not made pursuant to an express right of the Buyer under these Conditions, or where any delivery to the Buyer is unsuccessful for any reason.

Where the option is made available by United Nude, and the Buyer opts for self-collection of the Products the Buyer shall collect the Products at an address designated by United Nude

• United Nude shall not deliver and/or ship to any PO Box, military, protected area or location. Shipping and other charges for failure of attempted delivery to the restricted areas will be borne by Buyer or recipient of the Products;
• There shall be an administrative fee payable by the Buyer for any changes in delivery address for each Order;
• The Buyer is aware that the courier company or customs authority may in their sole discretion, open and inspect for any reason the contents of the Product package, and at all material times, United Nude shall not be liable for any loss or damage thereby caused;
• All custom declarations shall be completed in the English language.

Any shipment, delivery or collection dates provided by United Nude are estimates only and shall not form part of the Contract. At all material times, it is expressly herein provided that United Nude shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If Buyer's Order has not been delivered within a reasonable time, the Buyer should contact United Nude at:

 UNITED NUDE (M) SDN BHD

A-15-5, Block A, Tropicana Avenue,

Jalan Persiaran Tropicana PJU 3,

47800 Petaling Jaya,

Selangor Darul Ehsan,

Malaysia.
 Email: [email protected]

Operation Hours: 9am – 6pm (GMT+8)

United Nude reserves the right from time to time, without prejudice to the terms stated herein and without liability or prior written notice, to waive, withdraw or cease to make available any or all Products from the Online Store, or to:

• vary its prices or specifications of any Product; or
• deliver a Product which is similar to the Product ordered with minor differences,
   (each a "Substitute Product"). The Buyer shall be deemed to have accepted such changes and differences if the Buyer accepts delivery of a Substitute Product.

An Order may be cancelled by the Buyer prior to payment for the Products by Buyer, provided always that:

• the Buyer shall and is obliged to contact United Nude to request United Nude for the cancellation with immediate effect;
• United Nude may accommodate to the Buyer's request, if the Order has not been processed; and
• the Buyer shall pay any cancellation fees which may be imposed by United Nude.

If an Order has already been processed, no cancellation or refund shall be permitted and/or allowed in any circumstances.

The Buyer acknowledges that United Nude’s liability to deliver the Products to the Buyer pursuant to the Contract is subject to the availability of the Products. The Buyer further understands and acknowledges that United Nude retains the absolute discretion as to the order of priorities in which any Products are delivered to United Nude’s customers.

United Nude reserves the right to make only partial delivery of an Order. If only part of the Order can be shipped, United Nude will use reasonable efforts to contact the Buyer to select replacements. If the Buyer cannot be contacted, despite all reasonable attempts and efforts duly made by United Nude in relation to such issue, United Nude shall be entitled, without prejudice to any of the above terms, reject the entire Order.

Acceptance of Products

It is expressly hereby provided that unless the Buyer notifies United Nude via email a Return Request inquiry within five (5) days of the date of invoice, the Products shall be duly deemed to have been accepted by the Buyer as being in good condition and in accordance with the Contract.

A Product may only be eligible for replacement if upon delivery:

• it is damaged; or
• the Product supplied is materially different from the Product specified in the Order,
   (such Product being a “Defective Product”).

The Buyer shall report any Defective Product to United Nude by submitting a “Return Request[KSF4]” through email and describing the reasons and the Defective Product to be returned within seven (7) days of its delivery, failing which the Buyer shall not be entitled to a replacement Product.

If United Nude considers the Product to be a Defective Product, the procedure for returns set out in United Nude’s Returns Policy will apply. The Buyer must produce the receipt together with the Defective Product in its original delivered condition and packaging.

United Nude shall be entitled to and reserves the right to refuse any return or replacement of a Defective Product if:

• The Buyer is unable to produce the Product details or receipt of such purchase;
• The Defective Product is a Third-Party Product and United Nude is not authorized by the supplier to process returns or replacements; or
• The defect occurred as a result of:

(i)    unique, accidental, or random damage that is the result of use by Buyer, or fair wear-and-tear;
 (ii)    accidental nicks, scratches, or minor damage;
 (iii)    recklessness, improper use or mismanagement by Buyer;
 (iv)    use of the Product in a manner or for a purpose not reasonably contemplated by United Nude;
 (vi)    modification of the Product not authorised by United Nude;
 (vii)    unusual or unrecommended physical, environmental or electrical stress by the Buyer; or
 (ix)    Buyer’s failure to comply with any Terms of these Conditions.

Please see United Nude’s Returns Policy for additional Terms governing the return of Products.

Governmental Restrictions

Certain locations may or may not impose censorship, customs, import, export and/or other regulatory requirements and restrictions on Products. The Buyer shall be fully and solely responsible for ensuring that all Products in the Order are and are in full and strict compliance with such requirements at its own and sole costs. United Nude shall not and will not be liable for any non-delivery or delay in delivery of any Product which may or may not fail to meet such requirements or which is intercepted by any government or regulatory authorities, as the case may apply.

No Warranties

At all material times, United Nude makes absolutely no warranty in respect of any United Nude Product, express or implied, including any implied warranties of merchantability, quality, compliance with description and fitness for a particular purpose. United Nude’s sole liability for any defects in any United Nude Product is set out in this Terms.

At all material times, United Nude makes absolutely no representations or warranties of any kind in respect of any Third Party Products, and all warranties express or implied in respect of Third Party Products, including any implied warranties of merchantability, quality, compliance with description and fitness for a particular purpose, are hereby excluded. Third Party Products including software, hardware, and accessories are covered by the warranties (if any) provided by the original manufacturer, licensor or publisher only.

Exclusion & limitation of liability

It is hereby expressly provided that in no absolute event shall United Nude be liable whether in partial or in full to the Buyer or any third party for any direct or indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party.

It is hereby expressly and explicitly provided that if any service and/or modification (including but not limited to installation of any Product) has been  performed by any third party whether known to United Nude or otherwise, United Nude shall not be liable in any event for any act, neglect, omission and/or willful default of such third party, irrespective of whether such third party has been authorised by United Nude.

It is hereby expressly provided that the liability of United Nude to the Buyer for any and all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of the Contract and/or these Conditions by United Nude shall not in any event exceed the price of the Product giving rise to such claims.

Nothing in these Conditions shall limit or exclude United Nude’s liability for death or personal injury howsoever caused by United Nude’s negligence.

Force majeure

United Nude shall not be liable for or be deemed to be in breach of the Contract and/or these Conditions by reason of any failure in performing any of its obligations under the Contract and/or these Conditions during any period in which performance is delayed by any Force Majeure Event.

United Nude shall notify the Buyer of any delay or failure arising through any Force Majeure Event and provide a revised delivery date as soon as practicable. The Buyer may not terminate the Contract by reason of any such delay or failure.

In the event that any Force Majeure Event results in a shortage of Products, United Nude shall be entitled to allocate its available stock of the Products among its customers in such a manner as United Nude may consider equitable and may make partial deliveries of any Products to the Buyer.

Assignment of Rights

At all material times, the Buyer shall not be allowed or entitled to assign or otherwise transfer the Contract or any of its rights, liabilities and obligations hereunder, whether in whole or in part, without first obtaining the prior written consent of United Nude. Any such unauthorised assignment shall be deemed null, void and illegal.

No waiver 

At all material times, no failure on the part of United Nude to exercise, and no delay on its part in exercising, any right or remedy under the Contract shall operate as a form of waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
 Any term or condition of the Buyer’s Order which is any way inconsistent with or in addition to these Conditions shall not be applicable or legally binding on United Nude, unless otherwise agreed in a written agreement signed, executed and stamped by the Buyer and United Nude, and any failure by United Nude to object shall not be constitute to be any form of waiver of these Conditions.

Illegality 

At all material times, should any provision of these Conditions is held by any competent and legal authority to be considered as invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be consequently or subsequently be affected thereby, whether in whole or in part.

Third Party Liabilities and Rights 

A person or entity who is not a Party to the Contract shall have no right under the Malaysian Contracts (Rights Of Third Parties) Act 1999 to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt and for the sake of completion, nothing in this Clause shall affect the rights of any permitted assignee or transferee of the Contract.

Governing Law and Competent Jurisdiction

These Conditions shall be construed in accordance with, and governed by, the laws and/or by-laws of Malaysia including without limitation the provisions of the Malaysia Evidence Act 1950 , the  Electronic Commerce Act (ECA) 2006 (Act 658), without giving effect to any principles of conflicts of law.

 The Parties hereto hereby agree and submit to the non-exclusive jurisdiction of the Malaysian courts and the Personal Data Protection Act 2010. The Parties further waive its excuse as to the non-convenience of such forum and submit accordingly.