Terms And Conditions

1. TERMS OF USE

We are Happy Bowz operated by Granny Doris PLT (Company Registration No.LLP0005313-LGN), with our registered office address at No.43-G, Petaling Utama Avenue, Jalan PJS1/50, Petaling Jaya, 46150 Selangor, Malaysia.

This set of Terms and Conditions is established and enforced by Granny Doris PLT to govern the legal and regulatory aspects of the policies within the Happy Bowz platform. It serves as the authoritative document that outlines the rights, obligations, and responsibilities of all parties involved, including users and Granny Doris PLT, ensuring compliance with applicable laws and regulations.

These Terms and Conditions are protected by copyright as our intellectual property. Unauthorized use of these Terms and Conditions, including the use of extracts, for commercial purposes such as offering goods and/or services, is strictly prohibited. Any infringement of our copyright may result in legal action being taken against the offending party.

IMPORTANT NOTE: In addition to accepting the following Terms & Conditions by using this Site, it is important to review and acknowledge the specific terms and conditions of each individual seller ('Seller') on Happy Bowz home or product pages before placing any orders. The terms and conditions of Sellers may vary and should be considered in conjunction with these Terms & Conditions.

2. DEFINITIONS

In these Terms and Conditions:

a. The 'Site' refers to the Happy Bowz website accessed at the following address: www.happybowz.my.
b. The 'Platform' collectively refers to Happy Bowz's Website and App, and any other websites or applications which we may own or operate from time to time.
c. 'We', 'Our', and 'Us' are used interchangeably and refer to Happy Bowz.
d. 'Granny Doris PLT' refers to the authorized operator of Happy Bowz, as defined under the legal policy.
e. 'Seller' refers to the authorized vendor of Happy Bowz. When you place an order, it is made directly to the seller rather than Happy Bowz.
f. 'You' refers to the Customer or a guest.
g. 'Customer' refers to any individual who places an Order on the Platform.
h. 'Sender' refers to any individual who places an Order on the Platform for a gift.
i. 'Receiver' refers to any individual who receives an Order from the Sender.
j. 'Account' refers to the Happy Bowz Account that you need to register on our Platform if you want to submit an Order.
k. 'Order' refers to the Order submitted by you to the Platform to purchase a Product from us.
l. 'Order Acknowledgement' refers to our email to you, acknowledging your Order in accordance with clause 9.2 below.
m. 'Contract' refers to your Order of a Product or Products in accordance with these Terms and Conditions, which we accept in accordance with clause 9.2 below.
n. 'Product' refers to any product available for sale to Customers on the Platform.
o. 'Gift Card' refers to a physical or electronic gift card which you have purchased or received.
p. 'Business Day' refers to a day from 9.30 a.m. to 6.30 p.m. in Malaysia, excluding Saturdays, Sundays, and gazette public holidays.
q. References to 'clauses' are to clauses of these Terms and Conditions.
r. Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions.
s. Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender, and references to persons shall include an individual, company, corporation, firm, or partnership.
t. References to 'includes' or 'including' or like words or expressions shall mean without limitation.

3. ACCEPTANCE OF TERMS

By accessing and using Happy Bowz, including our website and application services (collectively referred to as the 'Services'), whether as a guest or a registered user, you agree to be bound by the following terms and conditions, which include our Privacy Policy, Buyer Policy, Seller Policy, Return Policy, and Refund Policy. These Terms govern your use of the Services.

Granny Doris PLT reserves the right to amend these Terms at any time by posting the updated terms on our website. The amended terms will be effective immediately upon posting. It is your responsibility to review the Terms periodically for any changes.

Your continued use of the Services indicates your:

a. acknowledgment and acceptance of these Terms and any modifications; and
b. agreement to comply with and be legally bound by these Terms, including any modifications.

If you do not agree to these Terms, please refrain from using the Services or any part thereof.

4. ACCESSING OUR SERVICES

Your access to the Services is granted on a temporary basis, and we reserve the right to modify or withdraw the services provided through the Site without prior notice. We will not be held liable if, for any reason, any of the Services become unavailable at any time or for any period.

Occasionally, we may restrict access to some or all of the Services to registered users. Any personal data or other information provided by you will be processed in accordance with our Privacy Policy. By providing such information, you agree to the terms outlined in our Privacy Policy.

If you are given a user identification code, password, or any other piece of information as part of our security procedures, you must keep such information confidential and not disclose it to any third party. We reserve the right to disable any user identification code or password, whether chosen by you or assigned by us if we believe that you have failed to comply with any of the provisions stated in these Customer Terms.

You are responsible for ensuring the accuracy and correctness of all information (including your name, contact number, and address) that you provide on the Site. Please review all information carefully before making a purchase.

5. ELIGIBILITY FOR THE USE OF OUR SERVICES

To use our services, you must be legally eligible to enter into binding contracts. This means you must meet the minimum age requirement and have the legal capacity to enter into agreements. Our services are not for minors or users with suspended accounts. If you're under 18, you can only use our services under the supervision of your parents, guardians, or person directly responsible for you. You cannot transfer or sell your Happy Bowz account or User ID. If you're registering on behalf of a business, you must have the authority to bind the entity.

6. DESCRIPTION OF OUR SERVICE

Please note that when you make a purchase on our platform, a legal contract is formed between you and the Seller. This contract includes these Terms, the email confirmation of your order, and the relevant details provided on the product page. It is important to carefully review all of these documents. In the event of any conflict or inconsistency, these Terms will prevail.

We want to emphasize that we cannot guarantee the quality of goods and services offered by Sellers on our platform. We fully disclaim any warranties, whether express or implied, to the fullest extent permitted by law. However, please be aware that this disclaimer does not affect your statutory rights against the Seller. When you place an order for goods or services, we may share your customer information with the respective Seller involved in that transaction.

At Happy Bowz, we take responsibility for reviewing and controlling the listings provided by Sellers on our platform. We strive to ensure the accuracy and quality of the listings and maintain a high standard for the goods and services offered. We aim to provide a reliable and trustworthy marketplace for our users.

When you make a purchase through our platform, we have implemented measures to protect your interests and ensure that the goods and services meet your expectations. However, please note that while we review and control the listings, we cannot guarantee the quality or suitability of the goods and services provided by Sellers. It's important for you to review the product details, seller ratings, and customer reviews to make an informed decision.

If you encounter any issues or have concerns about a particular listing, please contact our customer support team here, and we will do our best to assist you in resolving the matter. Your satisfaction is important to us, and we are committed to providing a positive and secure shopping experience on Happy Bowz.

7. ENTIRE AGREEMENT

7.1 These Terms and Conditions shall apply to your use of the Platform and all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Conditions constitute the entire agreement between you and Happy Bowz with respect to the Platform and the services provided by Happy Bowz.
7.2 You acknowledge that Happy Bowz acts as an intermediary platform connecting buyers and sellers. While Happy Bowz reviews and controls the listings on the Platform, the actual sale and supply of Products are made by the sellers. Therefore, any representations, undertakings, or promises regarding the quality or performance of the Products are the sole responsibility of the respective sellers. Happy Bowz does not make any warranties or guarantees regarding the Products and disclaims any liability in this regard. Any disputes or claims related to the Products should be directed to the respective sellers.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

8.1 No Warranty
The Platform and our Services are provided on an "as is" basis without any warranty or condition, expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy, completeness, or reliability of any information or content on the Platform.
8.2 Limitation of Liability
We, our subsidiaries, officers, directors, employees, and suppliers shall not be liable for any lost profits or any special, incidental, or consequential damages arising out of or in connection with the use of the Platform, our Services, or this agreement, even if advised of the possibility of such damages. Our total liability, in any event, shall be limited to the amount paid by you, if any, for accessing or using our Services.
8.3 Indemnity
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms or violation of any law or the rights of a third party.
8.4 Release
In the event of a dispute between you and other users, you release Happy Bowz, its officers, directors, agents, subsidiaries, joint ventures, and employees from any claims, demands, and damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Formation of Contracts with Sellers
Each order you place is considered an offer to purchase the goods and/or services specified, subject to the Terms and the applicable details on the product page. The Seller's acceptance of your order is confirmed through an acknowledgment of the order issued by us, acting as the commercial agent of the Seller. The contract between you and the Seller will be limited to the goods and/or services mentioned in the acknowledgment of the order.

9. TERMS OF SALE

9.1 Registration
a. To place an Order, you must register with us by creating an Account on the Platform. You must only submit to us information that is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Platform.
b. You shall not misuse the Platform by creating multiple user accounts.

9.2 Formation of a Contract
a. The information provided in the Terms and Conditions and on the Platform is not a binding offer for sale but an invitation to treat. A Contract for the purchase of Products is formed only when the seller has shipped the Products to your designated address.
b. To submit an Order, you will be required to follow the online shopping process on the Platform. After this, you will receive an Order Acknowledgment which will act as an acknowledgment of our receipt of your Order. You acknowledge that the receipt of an Order Acknowledgment is not considered an acceptance of your Order by us.
c. An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you, at which time you will receive an email notifying you that the Order has been shipped.
d. The Contract will specifically pertain to the Products that the seller delivers to you. In the case of an Order with multiple Products, the Products may be delivered to you in separate packages and at different times.

9.3 Price and Payment
Whilst we make our best efforts to ensure that all details, descriptions, and prices which appear on this Platform are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered, we may, at our sole discretion, decide to cancel your Order. If this happens, we will notify you via email. If you have already paid for your Order, you will receive a full refund of the paid price in accordance with the refund timelines outlined in our Returns and Refunds Policy.
a. Where applicable, prices are inclusive of SST and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
b. We are under no obligation to fulfill your Order if the price listed on the Platform is incorrect (even after your Order has been acknowledged by us).
c. You can pay using any of our payment partners listed on our Platform. Similarly, you can pay all or part of the price of your Order using an e-gift card, store credit, or a promotional voucher.
d. E-gift cards and promotional vouchers must be entered at the check-out page online only. Physical presentation of vouchers to Happy Bowz personnel will not be accepted.
e. To minimize the risk of unauthorized access, we encrypt your card data. Once we receive your Order, we will request pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorization check has been completed. Your card will be debited once we have sent you the Order Acknowledgment. Cards are subject to validation checks and authorization by the card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
f. Upon authorization of the payment, by clicking the “Check out” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.

9.4 Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Platform, please contact here immediately. We will try our best to process your request.

9.5 Refusal of Order
a. We reserve the right to withdraw any Products from this Platform at any time and/or remove or edit any materials or content on this Platform. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein we may need to refuse to process an Order after we have sent you an Order Acknowledgement, which we reserve the right to do at any time at our sole discretion.
b. If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
c. We will not be liable to you or any other third party by reason of our withdrawing any Product from this Platform, whether it has been sold or not, removing or editing any materials or contents on this Platform, or for refusing to process or accept an Order.

10. PAYMENT METHODS

Purchases for goods and/or services made with Sellers can be paid using the payment methods available through our payment facility on the Site. We offer various payment options that may change from time to time. Please note that when processing your payments for the purchase of items from Sellers, we act as the commercial agent of the Seller. By making a valid payment to us or redeeming a voucher for the purchase of item(s) between you and the Seller, your payment obligation to the Seller is considered fulfilled, and any debt obligations owed by you to the Seller for the purchase of such items are extinguished. This applies to all payment methods, including gift vouchers. It is important to understand that these Terms, along with any transactions made through Happy Bowz or our services, do not create or imply any partnership, joint venture, or trust relationship between us, you, and/or the Seller. Furthermore, the Seller agrees not to pursue any recourse (legal or otherwise) against you for payment of items if you have made a valid payment to us. All prices will be displayed in the applicable currency and must be paid in that currency. Please be aware that certain banks may charge additional fees for specific transactions, such as international transactions. Additionally, the displayed item prices in different currencies do not vary based on your location; however, delivery charges may vary depending on the chosen destination for item delivery.

13. DELIVERY

The goods you have selected and the respective Seller who will provide them are displayed in your shopping cart on the Site, along with postage and packing details. Please note that each product is sent to you directly by the Seller. While delivery methods may vary among Sellers, most of them adhere to our Delivery Guide. The delivery costs associated with each Seller may differ depending on the delivery methods they offer. Please refer to the specific Seller's information for the applicable delivery charges. Please note that any delivery times mentioned are in working days, and by making a purchase, you agree to the stated delivery date. In the event of any changes to the delivery schedule, you will receive a notification via email informing you of the revised delivery date.

14. IMPORT REGULATIONS AND DUTY

If you order goods from our Site for delivery outside Malaysia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

15. PROHIBITIONS

You must not misuse our Platform. You shall not use any automated systems or software to extract data from this Platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision would constitute an offence under Section 233 of the Communications and Multimedia Act 1998. In the event such breach occurs, Happy Bowz will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.

16. DISCLAIMER OF LIABILITY

16.1 The content displayed on this Platform is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Happy Bowz and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
16.2 Nothing in these Terms and Conditions shall exclude or limit Happy Bowz’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

17. INDEMNITY

You agree to indemnify, defend, and hold harmless Happy Bowz, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Platform or your breach of these Terms and Conditions.

18. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)

18.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
a. Strikes, lock-outs, or other industrial action;
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war;
c. Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic, or other natural disaster;
d. Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
e. Impossibility of the use of public or private telecommunications networks; and
f. The acts, decrees, legislation, regulations, or restrictions of any government, shipping, postal, or other relevant transport strikes, failure, or accident.

18.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.

18.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.

18.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.

19. INTELLECTUAL PROPERTY RIGHTS

All rights, title, and interest in and to the Services, including all rights under patent, copyright, trade secret, or trademark law, and any other proprietary rights, including all applications, renewals, extensions, and restorations thereof, are owned by us or licensed to us. Modification, adaptation, translation, creation of derivative works, decompiling, reverse-engineering, disassembling, or any other attempt to derive source code from the Website and App or any other part of the Services is strictly prohibited.

Without obtaining a license from us or our licensors, you must not extract or use any of the content on the Site and/or Service for commercial purposes.

We uphold the intellectual property rights of others and request that our Sellers do the same. If you become aware that any of your intellectual property rights have been infringed upon on the Site, please contact us here immediately to report your concern.

20. LINKS ON THE PLATFORM

You may create a link to our Site, provided that you do so in a fair and lawful manner that does not harm our reputation or take advantage of it. However, you must not establish a link in a way that implies any form of association, approval, or endorsement on our part where none exists. We reserve the right to revoke linking permission at any time.

The Site may contain links to other websites for your information. If you decide to use these links, you will be leaving our Site. We have not reviewed these third-party websites and we have no control over them or their resources. Therefore, we do not endorse or make any representations about them, the content found on them, or the results that may be obtained from using them. If you choose to access any of the third-party websites linked to our Site, you do so at your own risk. We assume no responsibility for third-party websites or any loss or damage that may arise from your use of them.

21. WAIVER

No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.

22. SEVERABILITY

If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

23. LAW AND JURISDICTION

This Agreement shall be governed in all respects by the laws of Malaysia. As such, laws are applied to agreements entered into and performed entirely within Malaysia and between Malaysian residents. However, for Customers/Users from overseas, any disputes or legal matters arising from this Agreement shall be subject to the jurisdiction of the courts in Malaysia. Please note that our Site does not guarantee continuous, uninterrupted, or secure access to our services, and the operation of our site may be interfered with by numerous factors outside of our control. The headings used in this Agreement are for reference purposes only and do not define, limit, construe, or describe the scope or extent of the respective sections. This Agreement represents the entire understanding and agreement between us regarding the subject matter discussed herein.