Welcome to the Wayne Lowe at www.WayneLowe.com (“Web Site”). We hope you will have a pleasurable and enjoyable browsing and shopping experience with us. Wayne Lowe is owned and operated by Terra Fargo (M) Sdn. Bhd. (hereafter “Wayne Lowe”, “we”, “our”, and or “us”). The term “you” or “your” defines an adult user of the Web Site acting independently or as parent or guardian for any minor whom you allow to access the Web Site and for whom you will be held strictly responsible. Wayne Lowe provides its services to you subject to the following conditions. By accessing this Web Site you agree to to comply with and be bound by the terms of use (“TOU”). If you do not agree to the TOU you may not use this Web Site and we would advise you to leave the Web Site immediately. Use of any functionality of the Web Site constitutes an acceptance to this TOU. If any contradiction in relation to the usage of the Web Site shall arise between this TOU and any other documents, the TOU shall prevail. Wayne Lowe may from time to time alter the terms of this TOU at our sole discretion and such alteration, if any, shall be effective upon the moment of the alteration being made and you hereby agree to comply with and be bound by the altered TOU.

Therefore, we hereby humbly advise that before making any purchase on the Web Site, kindly read through the TOU as follows:-

We have taken great care to ensure that our products on the Web Site are presented as accurately as possible. However, the colour clarity of a product will depend upon the resolution of your own personal monitor. Thus, we are unable to guarantee that the colour of the actual item is absolutely accurate compared to what you see on your personal monitor.

In addition, Wayne Lowe disclaims any implied representation or warranty with regard to the Web Site or its contents, including the merchandise offered on this site. Wayne Lowe is providing the Web Site, its contents and all merchandise on an “as is” basis. You expressly agree that your use of the Web Site is at your sole risk and Wayne Lowe shall not be held liable for any damages of any kind arising from this Web Site, including but not limited to direct, indirect, incidental, punitive or consequential damages.

License & Use of Site

By submitting content to Wayne Lowe, you represent and warrant that it does not infringe any third party’s intellectual property rights, does not invade any third party’s privacy, is not illegal, obscene, threatening, abusive, libelous, slanderous, defamatory, fraudulent, misleading, prejudicial or otherwise injurious to third parties. You may not impersonate anyone in any posting and may not mislead anyone as to the source of any content. You are solely responsible for any content that you post on our Web Site. We reserve the right to screen, remove or edit any such content, but are under no obligation to do so. Under no circumstances will we be liable for any content posted by any visitor on our Web site or any damage caused by the posting of such content.

When you post content to our Web site, you are automatically granting us and our affiliates a royalty-free, worldwide, non-exclusive, perpetual, fully sub-licensable and irrevocable right to use, distribute, reproduce, modify, adapt, publicly perform and display, translate and create derivative works from such content in any media, as well as the right to use your name in connection with such content, if we so choose.

By submitting content you also agree that we may keep records indicating that you are the source of content, and any information related to your posting of the content, and may disclose such information as we may determine, in our sole discretion, including, without limitation, in order to comply with law or legal process, to enforce the terms of these conditions of use, to respond to any complaint that such content violates the rights of any third party, to respond to customer service requests or to assist in the protection of any person.

Wayne Lowe grants you a limited license to access and make personal use of the Web Site and its service(s). This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Web Site and the framing of any content available through the Web Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (at Wayne Lowe’s sole discretion) an unreasonable or disproportionately large load on Wayne Lowe’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Wayne Lowe to prevent or restrict access to the Web Site. Any unauthorized use by you shall terminate the permission or license granted to you by Wayne Lowe.

Wayne Lowe reserves the right to temporarily suspend the normal working of this website for maintenance and upgrading purposes. Wayne Lowe disclaims any loss of revenue, actual or anticipated, suffered by a user / advertiser due to such suspension of broadcast of this website.

Making a purchase

When you order a merchandize from Wayne Lowe you are offering to buy it for the price stated on the Web Site, subject to the TOU. Unless we have notified you that we do not accept your order, our acceptance of your order and the completion of the contract between you and us will take place when you receive a confirmation email from us notifying you that we have received your order for said merchandize.

Our acceptance of your order will be deemed complete and received by you at the time and date of sending the confirmation email. The deemed time and date of receipt by you shall apply regardless of the fact that, for reasons outside our control, you did not received the confirmation email (In the event that you shall require any information in relation to your order, kindly send an email to Enquiry@waynelowe.com and our representative will reply to you as soon as possible).

Occasionally, there may be information on the Web site that contain typographical errors, inaccuracies or omissions that may be related to product descriptions, pricing, availability etc. Wayne Lowe reserves the right to amend any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (this will also apply to an order that has been submitted).

Wayne Lowe reserves the right, in its sole and absolute discretion to reject any order you place with us, and/or limit the quantity on any order without the need to provide a reason. In the event that we shall reject your order, our representative will contact you by way of e-mail or by way of phone based upon the email address and/or telephone number you provide us with at the time the order was placed. If Wayne Lowe initially accepts an order and subsequently, before delivering the same, decides in its sole and absolute discretion, to limit or cancel quantity purchased per person, per household or per order, we will notify you accordingly and, if applicable, release the funds being held in your account for the purchase.

By purchasing goods from Wayne Lowe, you agree that the online sale of those goods takes place in, and will be governed by the laws of Malaysia. You also agree that any legal or equitable claim arising from your purchase must be brought in the courts of Malaysia and you consent to the exclusive jurisdiction of such courts.

Payment

You must pay for your merchandize(s) purchased on the Web Site at the time of placing an order. To pay for our merchandize, you will be transferred to an external site operated by PayPal. You agree that PayPal is responsible for processing and managing the security of your payment, and you hereby release Wayne Lowe from any liability in relation to such payment. Please refer to PayPal’s terms of use for conditions applying to payment processing services.

Limitation of Liability

You expressly agree and understand that Wayne Lowe and/or its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profit, good will, use, data or other intangible losses (regardless of whether Wayne Lowe has been advised and/or notified of the possibility of such damages), resulting from the use of the Web Site, content or any related services.

Indemnity

You agree to indemnify and hold Wayne Lowe (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOU, or your violation of any law or the rights of a third party. Any dispute arising out of the violation of these TOU shall be subject to the jurisdiction of the laws and courts of Malaysia.

Modification of Terms and Conditions

Wayne Lowe may modify or terminate its services from time to time for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify the TOU from time to time without notice. Please review the TOU from time to time so that you will be apprised of any changes.

General

You acknowledge and agree that this TOU constitutes the complete and exclusive agreement between us concerning your use of the Web Site and any purchase by you of any merchandize from Wayne Lowe, and supersede and govern all prior proposals, agreements, and/or other communications.

If any provision of this TOU is held to be illegal, invalid or unenforceable in whole or in part, then this TOU shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of this TOU by Wayne Lowe shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of this TOU.

We would like to express our gratitude to you for shopping with us and hope we serve you well.

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