Terms & Condition

General

1. These Terms and Conditions apply when you access and/or use www.instaspace.my and subdomains (the "Website"), which is owned and operated by Banyan Padu Sdn Bhd ("us", "we", "our", “instaSpace”).

2. You should read these Terms and Conditions and Privacy Policy, very carefully. The Privacy Policy are incorporated into these Terms and Conditions by reference. By accessing and/or using the Website or any part of it, you agree that you have read these Terms and Conditions and that you accept them and agree to be bound by them.

3. We may also, from time to time, post on the Website, guidelines and rules relating to the use of the Website. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.

4. You agree that we may modify these Terms and Conditions without liability and without prior notice to you. The modified Terms and Conditions will be posted on the Website and will come into effect from the date of such posting. You are advised to check for updates to these Terms and Conditions regularly, prior to accessing and/or using the Website.

Territory

5. The information on the Website is directed solely at persons accessing the Website from Malaysia. We make no representation that any product or service referred to on the Website is available, or appropriate for use for any other location.

User Account

6. In order to make a purchase on the Website, you will need to register an account with us. By registering an account, you warrant that:

(a) you are at least 18 years of age;

(b) if you are below 18 years of age, you have obtained the consent of your parent or legal guardian, or you are under the supervision of your parent or legal guardian;

(d) the personal data that you have provided to us is true, accurate, complete, and current; and

(e) you will maintain and promptly update the personal data that you have provided to us in order that such data is kept true, accurate, complete, and current.

7. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

8. We will not be liable for any loss or damage for arising from your failure to comply with these Terms and Conditions.

Warranties

10. The information provided on the Website is for reference only. To the extent permitted by law, we disclaim all implied and/or express warranties and make no representation as to the accuracy, suitability, applicability or completeness of any information on the Website. We assume no liability for any loss or damage arising from your use of or reliance on the information on the Website or for anything posted on or linked to the Website, including without limitation any mistake, error, omission, infringement, defamation, falsehood or other material or omission that might offend or otherwise give rise to any claim or complaint.

11. We disclaim any endorsement or recommendation of any person, organisation, name, product or service referred to in the Website. We further disclaim all liability in relation to information or materials posted by advertisers or sponsors on the Website.

12. We make no warranties or representations in respect of your ability to access the Website and do not warrant that the functions of the Website shall be uninterrupted or error or defect free.

13. None of our employees, agents or representatives is authorised to make any warranties, representations or statements regarding any information on the Website and we shall not in any way be bound by any such unauthorised warranties, representations or statements.

Intellectual Property Rights

14. "Intellectual Property Rights" means any and all intellectual and industrial property rights now in force or that come into force in the future in any part of the world whether or not registered or registrable and includes all applications and rights to apply for registration (and renewals and extensions of any registration) of such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:

(a) confidential information, business or trade secrets, know-how;

(b) inventions, patents (including supplementary protection certificates);

(c) copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into existence in the future and all other rights of a like nature by law in force in any part of the world);

(d) trademarks, service marks, business or trade names;

(e) design rights, topography rights;

(f) database rights,

together with all other rights of a similar or corresponding character or nature.

15. The Website and any information available on it including, but not limited to, text, graphics, icons, images, software, source code and trademarks, are protected by copyright, design, trademark and other Intellectual Property Rights owned or controlled by us and/or our licensors. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of the Website for any purpose without our prior written permission except that you may download materials displayed on the Website for non-commercial, home personal use only as long as you keep all copyright, trademark and other proprietary notices intact.

16. All right, title and interest in the Intellectual Property Rights on the Website shall at all times remain the property of us and/or our licensors. You are not authorized to use the same unless you have obtained express written permission from us and/or our licensors, as the case may be.

17. You agree not to use the Website for any purpose or in any matter that is unlawful or infringes our or any third party's Intellectual Property Rights.

Use of Personal Data

18. We respect the privacy rights of visitors to the Website. Except where specifically stated, all personal information collected by us shall be handled strictly in accordance with the Privacy Policy located at here.

Prohibitions

19. When using the Website you cannot:

interfere or disable any security-related features of the Website or features that prevent or restrict use or copying of the content accessible via the Website;
give any false information in your account details;
take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organisation;
use the Website if we have suspended or banned you from using it;
send junk, spam or repetitive messages;
engage in any illegal or unlawful conduct;
modify, interfere, intercept, disrupt or hack the Website;
misuse the Website by knowingly introducing viruses, malware, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the Website, any Website user’s equipment or have a detrimental impact on any Website user’s experience of using the Website;
collect any data from the Website other than in accordance with these Terms and Conditions;
submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive;
abuse, harm or bully another Website user, member of our staff or person;
submit or contribute any user content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or
submit or contribute any information or commentary about another person which is untrue, private, confidential or defamatory (including personally accusing another person of unproven criminality or serious wrongdoing which could damage their reputation in the eyes of anyone reading your comment).

20. In addition to terminating your access to the Website (in whole or in part) for breach of these Terms and Conditions, we can also take other action as well including, but not limited to, reporting you to the police or other law enforcement body, issuing a warning or taking legal action against you and pursuing any costs we incur as a result of doing this.

Links and Sharing

21. Any links or opportunities to share (via social media, blogs, and similar sites and communication services) on the Website are provided solely for your use and convenience. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked website. We are not responsible for the content of any websites that are linked to or from the Website or for the legal consequences of your entering into any contracts with the third parties that provide these linked websites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.

22. Please note that if you do share content onto other platforms, there may be separate terms and conditions connected to the organisation that allows you to share. Please check the terms and conditions of any website you intend to share to. Some terms and conditions may prohibit you from sharing our content.

23. We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).

Price and Payment

Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products and/or Services which you have purchased, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled.

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 ‘Total’.
We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Purchase has been acknowledged by us).
To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
Upon authorisation of the payment, by clicking the “Book Now” 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.

Refusal of Purchase

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

Termination

24. We may, under certain circumstances and without prior notice to you, at our sole discretion, terminate your access to the Website (in whole or in part). Cause for such termination shall include without limitation:

breaches or violations of these Terms and Conditions;
request by law enforcement or other government agencies;
infringement of Intellectual Property Rights;
discontinuance or material modification to the products/services provided on the Website; and
unexpected technical or security issues.

25. Termination of your access to the Website (in whole or in part) shall be without prejudice to any other rights or remedies we may be entitled to under these Terms and Conditions, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

Limitation of Liability

26. By accessing and using the Website you acknowledge and accept that the use of the Website is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the Website.

27. Without limiting the foregoing:

THE WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED ON IT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT (TO THE EXTENT PERMITTED BY LAW);
(WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE WEBSITE (TO THE EXTENT PERMITTED BY LAW); AND
WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE WEBSITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE WEBSITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE WEBSITE.

Indemnify

28. You agree to indemnify, defend, hold harmless instaSpace, 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 Website or your breach of the Terms and Conditions.

Invalidity

29. In the event that one or more of the terms set out in these Terms and Conditions is held to be invalid, illegal or unenforceable by a competent authority, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the remaining terms shall continue to be valid and enforceable.

Relationship

30. Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

Waiver

31. If you commit any breach of these Terms and Conditions and we take no action, we will not be taken to have waived our rights against you, and will still be entitled to exercise our rights and remedies at a later stage or in any other situation where you commit another breach these Terms and Conditions.

Governing Law and Jurisdiction

32. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia.

Conflict

33. In the event of any conflict between this English language Terms and Conditions and its corresponding Bahasa Malaysia Terms and Conditions, the terms in this English language Terms and Conditions shall prevail.

Contact Details

34. If you have any questions about our Terms and Conditions, or have any further queries, you may do so by contacting us at hello@instaspace.my or via the communication channel on the Platform.