Terms Of Use

Please read these Terms of Use carefully (including our Security & Privacy Policy (http://cultureguru.asia/store/privacy) before using our website  including, but not limited to, http://www.cultureguru.asia, http://www.cultureguru.my (taken together, “website”), our mobile application (“app”) and/or our Services (defined below), so that you are aware of your legal rights and obligations with respect to CultureGuru Technologies Sdn Bhd (“CultureGuru”, “we”, “our” or “us”).

By accessing this website, app and/or using the Services, you hereby agree:

(i)   that you have read and agree to be legally bound by these Terms of Use (including our Security & Privacy Policy (http://cultureguru.my/store/privacy); and

(ii)  that you are the user of the website, app and/or Services and are 18 years or above.  

If you do not accept these Terms of Use, please leave the website, app and/or discontinue use of the Services immediately.

CultureGuru may at any time vary or amend these Terms of Use by posting the amended Terms of Use on the website or through the app.  Any use of the website, app or Services after the amendment of these Terms of Use is deemed acceptance of the amended Terms of Use by you.  If you do not agree to the amended Terms of Use, you have the right to stop using the website, app and Services.

1          Website, app and Services

1.1       The website and app is owned and maintained by CultureGuru.

1.2       CultureGuru operates an online store through the website or app, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of joss paper and other ceremonial products:

1.2.1    access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;  

1.2.2    search engines or tools;

1.2.3    blogs, message boards, communication tools;

1.2.4    email or message alerts; and

1.2.5    any other services, features, content or applications that CultureGuru may offer through the website or app from time to time in our sole and absolute discretion.

1.3       CultureGuru reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, website or app at any time.  We may also impose limits on certain features or restrict your access to parts or the entire Services, app or website without notice or liability.

2          Licence

2.1       CultureGuru hereby grants you a personal, non-exclusive and non-transferable licence to use the website and/or app, and access and use the Services available via the website and/or app, subject to the terms set out in these Terms of Use.

2.2       You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:

2.2.1    any Service;

2.2.2    the website or app;

2.2.3    any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the website, app or Services (collectively, “Content”),

except, to the extent permitted, with the prior written consent of CultureGuru or unless expressly permitted in these Terms of Use.

2.3       Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the website, app, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of CultureGuru.

2.4       The website, app and all Content are the copyrighted work of CultureGuru or our content or software providers, and CultureGuru reserves and retains all rights in the website, app and Content.

2.5       You may not decompile, reverse engineer or otherwise attempt to discover the source code of the app or any Content, except under the specific circumstances expressly permitted by law or CultureGuru in writing.

2.6       You may not hack into, interfere with, disrupt, disable, overburden or otherwise impair the proper working of the website, app, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.

3          Account Information

3.1       To access certain parts of the website, app or Services, you will be required to sign-up for an account with CultureGuru (“Account”) and select a user name (“Username”) and password (“Password”).

3.2       You are solely responsible for safeguarding and maintaining the confidentiality of your Username and Password.  You agree not to:

3.2.1    share or permit others to use your Account or Password; or

3.2.2    assign or transfer your Account to any other person or entity.

3.3       You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. CultureGuru 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 Account.  If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: [email protected].

3.4       Each household or delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.

3.5       Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking here.

3.6       Where a delivery address is associated with multiple Account(s) without our written authorisation, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:

3.6.1    cancel any orders placed through such Account(s);

3.6.2    cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s);

3.6.3    prohibit such Account(s) or persons from participating in any promotions, contests or surveys of CultureGuru; and/or

3.6.4    merge, suspend and/or terminate Account(s).

4          Orders, Pricing & Payments

4.1       Delivery areas

At present, CultureGuru delivers to most areas in Malaysia and Singapore, but not certain areas.  To find out if CultureGuru delivers to your area, please visit our website.  You may also contact us at [email protected] to check on our delivery coverage.  CultureGuru will only process and accept orders within our delivery coverage.

4.2       Orders

4.2.1    All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms of Use.  All orders shall be subject to acceptance by CultureGuru.  Processing of payment for an order shall not in itself constitute acceptance of the order by CultureGuru, provided that where an order for any product(s) is rejected or cancelled by CultureGuru, any payment made for such order shall be reversed or refunded by CultureGuru in accordance with our prevailing refund policy at such time.

4.2.2    All orders made by you are subject to stock availability.  CultureGuru reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason.

4.3       Product Information, Pricing and Payment

4.3.1    CultureGuru endeavours to provide you with accurate and up-to-date pricing, product and promotional information.  However, errors may sometimes occur and we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete.  You agree that CultureGuru shall not be liable for any errors in the pricing and product or promotional information listed on our website, app or through our Services.  The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the website, app or through our Services.

4.3.2    If the actual price of any item ordered by you is higher than that reflected on the website, app or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price.  By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time.  If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.

4.3.3    Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout.  The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:

(i) in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and

(ii) in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.

(iii) All product prices are shown in either Malaysian Ringgit or Singapore dollars and are not inclusive of Goods and Services Tax until CultureGuru is registered as a certified taxable vendor. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.

4.3.4    Payment for all orders shall be made in either Malaysian Ringgit or Singapore dollars.

4.3.5    We accept payment for orders by MasterCard, Visa, Paypal and Cash on Delivery.

4.3.6    By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.

5          Promotions, Voucher Codes and other privileges and programmes

5.1       From time to time CultureGuru may run promotions, contests, surveys, privileges and other programmes, subject to additional terms and conditions which can be found on the website and are hereby incorporated by reference into these Terms of Use.

5.2       Promotions, contests, privileges and programmes are only valid for the time period specified by CultureGuru.

5.3       The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):

5.3.1    Each Voucher Code is only eligible for a single use and is only valid for the time period specified by CultureGuru.

5.3.2  Use of any Voucher Code must be indicated at the time of checkout, and all information required by CultureGuru must be provided.  No retroactive use of the Voucher Code is permitted.

5.3.3    Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.

5.3.4    A minimum spend may be required before use of the Voucher Code is permitted.

5.3.6    Voucher Codes cannot be refunded, redeemed or exchanged for cash.

5.3.7    Resale, transfer and sharing of Voucher Codes are strictly prohibited.  In spite of the above, gift vouchers, if offered by CultureGuru, may be purchased by you and given to others.

5.3.8    No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.

5.3.9    Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.

5.3.10  CultureGuru reserves the right to verify the validity of any Voucher Code and to declare null and void, any Voucher Code which in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.

5.3.11  CultureGuru reserves the right to vary or impose such other terms and conditions as we deem appropriate from time to time by posting the varied terms and conditions on the website or through the app.

5.4       Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.

5.5       Where you are permitted to return any product to CultureGuru for a refund and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product.  Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis.  Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related.

5.6       CultureGuru’s decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.

5.7       CultureGuru reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.

6          Deliveries

6.1       Delivery slots are subject to availability.

6.2       Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled.  “Bulk order” means an order for any product that comprises quantities of beyond 25 units, unless otherwise stated in writing by CultureGuru. Please contact us at [email protected] to place a bulk order.

6.3       CultureGuru will endeavour to deliver the products to your delivery address within the delivery time frame selected by you, but does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries.  You agree that CultureGuru shall not be liable for any deliveries made outside the delivery time frame.

6.4       Please notify CultureGuru immediately of any change to your delivery address, date or time of delivery, or contact number.  Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative charge of RM10.00 or S$10.00.

6.5       Where you specifically instruct CultureGuru to leave your delivery outside the door of the specified delivery address, such delivery shall be at your sole risk and you accept all liability and risk of loss, theft and damage.  For all other deliveries, please arrange for someone to receive the delivery and sign off the delivery invoice or device.

6.6       If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, CultureGuru reserves the right to reschedule or cancel the delivery and charge you a re-delivery or cancellation fee of RM10.00 or S$10.00.

6.7       If there is any damaged or incorrect product (s) (including delivery of additional product(s) not ordered by you), please contact us within 24 hours at [email protected].  CultureGuru at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).

7          Intellectual Property

7.1       The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the website, the app and all Content shall vest in and remain with CultureGuru and its licensors.

7.2       The trademarks, logos and service marks (“Marks”) displayed on this website or app are the property of CultureGuru and other third parties, and all rights to the Marks are expressly reserved by CultureGuru and relevant third parties.  You are not permitted to use the name of CultureGuru or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of CultureGuru or such third party.

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

8          Comments, Feedback and Other Information

8.1       You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment.  CultureGuru reserves the right (but not the obligation) to review, remove or edit such content.

8.2       You hereby grant CultureGuru a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the website or app, for any purpose as CultureGuru may require at its sole discretion.  You further agree that CultureGuru may use and publish your name in connection with such Comments.

8.3       If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the website or app, please contact us at [email protected].

9         Disclaimers & Limitations

9.1       While we make every effort to ensure that the website, app, Services and all Content is accurate and complete, we provide the  website, app, Services and Content 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, CultureGuru 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, CultureGuru does not warrant that the functions contained in or access to the website, app, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the website, app, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the app or any Content in or with any device will not affect the functionality or performance of the device.  CultureGuru does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the website or the app in terms of their correctness, accuracy, completeness, reliability, or otherwise.

9.2       You agree that:

9.2.1    CultureGuru shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the website, app or Services without assigning any reason; and

9.2.2    access to or the operation of the website, the app 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, CultureGuru shall not be liable for any loss, liability or damage which may be incurred as a result.

9.3       In no event shall CultureGuru 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 Services, the website, the app, Content or any other website or device.  In the event that CultureGuru is liable for damages despite the foregoing provision, you agree that CultureGuru’s aggregate liability to you for any and all causes of action in relation to:

9.3.1    any order, sale or delivery of any product by CultureGuru under these Terms of  Use shall not exceed the price of the product giving rise to such claims; and

9.3.2    in all other cases (including any use of the website, app or Services), shall not exceed S$1.

9.4       In no event shall CultureGuru be liable for any indirect, special, consequential, or incidental damages that result from the Services, website, app or Content, or your use of, or the inability to use, the Services, website, app, Content or any other website or device, even if CultureGuru or a CultureGuru authorised representative has been advised of, or should have foreseen, the possibility of such damages.

9.5       You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by CultureGuru at either reasonable costs or no costs to you.

10          Linked websites

10.1     CultureGuru may provide links, plug-ins, widgets or other connections to other websites (“Linked websites”) that may be of relevance and interest to users.  CultureGuru has no control over, and is not responsible for the content on or obtained through the Linked websites or for any damage you may incur from the Linked websites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked websites) or the availability, accuracy or reliability of any of the Linked websites. You hereby agree to assume all risk arising from the use of the Linked websites and hereby irrevocably waive any claim against us with respect to the Linked websites.  CultureGuru does not endorse, recommend or guarantee any of the Linked websites, and CultureGuru expressly disclaims all liabilities and responsibilities arising in relation to any Linked websites.

11         Security & Privacy

11.1     CultureGuru recognises the importance of keeping your personal information and data secure and private.  To understand our security and privacy policies and practices, please read our Security & Privacy Policy (http://cultureguru.my/privacy).  

11.2      Please do not submit any personal information or data without first reading our Security & Privacy Policy (http://cultureguru.my/privacy) which explains our data use and privacy practices in detail.

12          Suspension & Termination

12.1     You agree that CultureGuru has the right in its sole and absolute discretion and without notice or liability to:

12.1.1  restrict, suspend, or terminate your access to all or any part of the website, app or Services; and/or

12.1.2  terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account,

without assigning any reason.

12.2     Without prejudice to the generality of the above, CultureGuru reserves the right to deactivate your Account if it has been inactive for a period of 10 years or more, or if you are in breach of any of our Terms of Use.  

13          Notification of Infringement

13.1     CultureGuru reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the website, app, Services or Content (“Infringing Material”) and take appropriate action.  If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the website, app or Services, please notify CultureGuru in writing immediately in the form and containing the information prescribed by the Malaysia Copyright Act.

13.2     All Infringement Notices shall be sent to CultureGuru addressed as follows:

CultureGuru Technologies Sdn Bhd

JD-15-03A, Block D, Z Residence,

No. 5, Jalan Jalil Pewira 2, Bukit Jalil,

58200 Kuala Lumpur, Malaysia

Email address: [email protected]

Attn: CEO Office

13.3     CultureGuru will duly consider all Infringement Notices submitted in the above manner.  In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against CultureGuru in respect of any Infringing Material, unless you have first given CultureGuru the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter CultureGuru refuses or fails to remove the Infringing Material within a reasonable time.  Where CultureGuru removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against CultureGuru under applicable law which you may have in respect of any Infringing Material appearing on the website prior to such removal by CultureGuru.

13.4     You acknowledge and agree that CultureGuru has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked websites or other third party websites.

14          Jurisdictional Issues

14.1     The website, app and Services are meant for use by residents of Malaysia only.  CultureGuru makes no representation that the Services and Contents of the website or app are appropriate or available for use in your location.  Those who choose to access this website or app from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

15          Indemnity

15.1     You agree to indemnify and hold CultureGuru, and its officers, agents, 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:

15.1.1  any use of the website, app or any Service;

15.1.2  your connection to the website or app;

15.1.3  your breach of any terms and conditions of these Terms of Use;

15.1.4  your violation of any rights of another person or entity; or

15.1.5  your breach of any statutory requirement, duty or law.

16          Severability           

16.1     If any provision of these Terms of Use 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 of Use shall continue in force save that such provision shall be deemed to be deleted.

17         Relationship of Parties

17.1     Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between CultureGuru and you and neither party shall have any authority to bind the other in any way.

18          Waiver

18.1     No waiver of any rights or remedies by CultureGuru shall be effective unless made in writing and signed by an authorised representative of CultureGuru.

18.2     A failure by CultureGuru to exercise or enforce any rights conferred upon us by these Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

19          Governing Law & Jurisdiction

20.1     These Terms of Use and all matters relating to your access to, or use of, the website, app and the Services shall be governed by and construed in accordance with the laws of Malaysia.

20.2     You hereby agree to submit to the non-exclusive jurisdiction of the Malaysia courts.