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Terms & Conditions of Use

 

Welcome to the website of DUK by The Makeover Guys (“TMG”). Please read the following terms and conditions (“the Terms”) carefully before using our website. These Terms govern the use of this website located at www.dukdesign.com.my (“the Website”).

Preliminaries

  • By using the Website and engaging TMG”s services, you agree to the Terms and consent to the processing of your data (“Data”) identified below.
  • TMG reserves the right to modify, update, or amend the Terms at any time by placing the updated Terms on the Website. By continuing to use this Website or TMG”s services following the modifications, updates, or amendments, you accept such changes.
  • TMG reserves the right to refuse service, remove or edit content, or cancel orders at its sole discretion.
  • While TMG endeavours to keep the content and information in this Website accurate, TMG does not warrant or guarantee the completeness, adequacy, or currency of information contained in this Website. Certain parts of this Website may contain links to external sites. TMG does not endorse these sites and is not responsible for the content or privacy policies of any external site.
  • It is voluntary for you to supply your Data to us. However, should you refuse, TMG may not be able to perform its services to you effectively.
  • If you do not wish TMG to store your Data, or if you have any other concerns relating to these Terms, please email us at zoe@dukdesign.com.my.
  • The use of this Website and these Terms are governed by and are to be construed in accordance with the applicable laws of Malaysia.

Your Data

  • Personal Data: This may include your name, address, contact details, gender, identity card and/or passport number, birth date, nationality, race, or occupation. We may have obtained this information directly from you or through third party sources such as local authorities.
  • Usage Data and Location: This may include your location (where you have granted us access to do so), computer”s Internet Protocol address, browser type, browser version, pages of the Website you visit, the time and date of your visit, the time you spend on our Website, and other diagnostic data.
  • Cookies Data: Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. TMG may use cookies and similar tracking technologies to track the activity on our Website, and may hold that information. You may instruct your browser to refuse cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website.

You are entitled to request access to and/or correction of the Data, or to refuse or limit the processing of the Data by emailing us at zoe@dukdesign.com.my. TMG has the right to refuse your request for reasons permitted under law.

By providing TMG with your Data, you agree to provide true, accurate, current and complete information about yourself.

If you are under 18 years of age, you may use the Website only with involvement of a parent or guardian.

Purpose of Processing

The Data may be used by TMG for purposes relating to the services provided by TMG to you and for the business activities of TMG which include:

  • To communicate with you, including responding to your queries and providing customer support;
  • To send you materials such as promotions, events, or articles which may be of interest to you;
  • To provide, monitor, and maintain TMG”s Website and services;
  • To notify you about changes to TMG”s services;
  • To gather analysis or information for TMG to improve its services;
  • To detect, prevent, and address technical issues; and
  • To carry out TMG”s obligations and enforce TMG”s rights arising from any contracts entered into with you,
    including for billing and collection;
  • To comply with TMG”s legal obligations, including the applicable personal data laws.

TMG may also use third-party service providers to monitor and analyse the use of its services. TMG may use remarketing services to advertise on third party websites to you after you have visited the Website. TMG and these vendors may use cookies to inform, optimise, and serve advertisements based on your past visits to the Website.

TMG will retain your Data only for as long as is necessary for these purposes.

Transfer and Disclosure to Third Parties

As TMG”s information technology storage facilities and servers may be located in other jurisdictions, your Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia. You understand and consent to the transfer of your Data as described.

TMG may disclose the Data to third parties, including:

  • Information technology service providers;
  • Data entry service providers;
  • Storage facility providers;
  • Professional advisors and external auditors;
  • Regulatory and governmental authorities in order to comply with statutory and government requirements;
  • TMG”s subsidiaries and affiliates; and
  • Contractors, service providers and other third parties which TMG uses to support its business.

TMG may also provide paid products and/or services where TMG uses third party services for payment processing, such as iPay88. TMG does not store or collect your payment card details. These details are provided directly to third party payment processors whose use of your Data is governed by their privacy policies. TMG is not responsible for the privacy practices of these sites.

Intellectual Property

TMG is the owner of all intellectual property rights and licenses on the published content of the Website, including its logos and other registered and unregistered trademarks. All its rights are reserved, and nothing in these Terms operate to transfer any of these rights to you.

Any reproduction or reuse of images, trademarks, names, or content displayed on the Website for commercial or other purposes without written permission from TMG is strictly prohibited.

Disclaimer of Liability

This Website is provided on an “as is” basis and is for information only.

To the widest extent permitted by law, any and all warranties whether express or implied (including without limitation any implied warranties of fitness for use, fitness for a particular purpose or non-infringement of third party rights) in relation to this Website, its content and information, its use, access, operation, availability, continuity or non-interruption are hereby excluded.

To the widest extent permitted by law, TMG will not be responsible or liable for any loss or damage of any kind whatsoever (including without limitation consequential loss, loss of profits or goodwill, indirect, exemplary or punitive damages) suffered or incurred by you or any other person or entity, howsoever arising whether in contract, tort, negligence, or otherwise, in connection with or as a result of:-

  • This Website, its content and information, use, access, or operation;
  • Any unauthorised access or alteration of your information submitted via email or this Website;
  • Any third party websites linked to his Website including the information and content therein as well as use, access, or operation thereof; and/or
  • The introduction of any malicious codes or other harmful components arising from use, access, or operation of this Website or any third party websites linked to this Website.