Terms of Service

1.    Welcome to www.pixio.com.my! (“Website”).

2.    Acceptance: Please read these terms and conditions of use of the Website carefully as they govern our relationship with you in relation to the access and use of the Website and its related sites, services and tools. Pixio Sdn. Bhd. (“Pixio”) provides the contents and products available on this Website subject to the terms and conditions of use set forth below, the Privacy Policy and any other terms and conditions which may exist otherwise on the Website or in relation to any promotions or offers on the Website (the “Terms”). This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Pixio and meet all of the foregoing eligibility requirements. By accessing and using any part of the Website, you are deemed to have notice of, and you acknowledge that you agree to comply with and be legally bound by these Terms, as amended from time to time. If you do not agree to these Terms, please do not access or use the Website. The term ‘Pixio’, ‘our’, ‘we’, or ‘us’ herein refer to Pixio and/or its affiliates (where applicable). The term ‘you’ or “your” refer to the viewer or user of the Website. Headings are for ease of reference only and shall not affect the interpretation of these Terms.

3.    Proprietary Rights and Use of Contents on Website: All contents on the Website including the text, graphics, illustrations, page headers, logos, images, data, software, and other materials (collectively "Contents") is owned by or the licensed property of Pixio and/or its affiliates and is protected by copyright, trademark, service mark, trade dress, patent, or other proprietary rights, as may be applicable. You may access and view the Website on the condition that you do not change the Contents or remove any copyright or other proprietary materials. Save for the foregoing rights expressly granted herein, no licence or right is granted to you by implication, estoppel or otherwise, and you may not copy, reproduce, publish, upload, post, store, adapt, alter, translate, transmit, disseminate, sell, distribute, hyperlink, or otherwise transfer any of the Contents of the Website to any other person (whether for commercial purpose or monetary gain or otherwise) in any way, or otherwise use the Contents in whole or in part in any manner.

4.    No Unlawful or Prohibited Use of Website: (a.) You acknowledge and agree that, as a condition of your access and use of the Website, you will not use the Website for or in connection with any purpose that is unlawful, inappropriate, unauthorised, profane, illegal, fraudulent, obscene, indecent, abusive, threatening, harmful, tortuous, objectionable, or may cause injury to any person or entity, or is otherwise prohibited by these Terms or by law. (b.) You must not use the Website in any way that causes, or may cause damage, disable, overburden or impair the Website or the availability or accessibility of the Website through any means (including without limitation computer virus, spyware, Trojan horse, computer worm, keystroke logger, root kit or other malicious computer software). (c.) You must not harvest or otherwise collect information through systematic or automated data collection activities (including without limitation, scraping, data mining, and data extraction) on or in relation to the Website without our express written consent. (d.) You must not obtain, or attempt to obtain, any Contents or other information on the Website through any means not intentionally made available on or through the Website.

5.    User Account: Your registration on the Website is free of charge. Your user account on the Website is personal to you and is not transferable.

6.     Products Listing: Products displayed on the Website are subject to availability.

7.     Price Quotations: All prices displayed on the Website are quoted in Malaysian Ringgit (RM) and are valid and effective only in Malaysia. Any applicable taxes or duties that we may be required to pay or collect in connection with the sale of products through the Website will be charged to you in accordance with the applicable law.

8.    Promotional Codes: We may issue promotional codes for use on the Website from time to time. Such codes are limited and may expire or be discontinued with or without notice. Promotional codes are not redeemable for cash and we reserve the right to cancel the use of promotional codes at any time for any reason without notice, including without limitation in case of unauthorised sale or copying.

9.    Order Acceptance and Billing: Receipt of an electronic order or other form of order confirmation by no means signify Pixio’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Pixio reserves the right at any time after receipt of your order, to accept or decline your order for any reason. We may require additional verifications or information before accepting any order. You must provide true and accurate billing information to us. You represent and warrant to us that the credit or debit card you shall use for performing any transaction on the Website is your own or you are lawfully authorised to use it and that there are sufficient funds or credit facilities to cover the cost of the product(s) and related charges incurred from the purchase of product(s). We reserve the right to obtain validation of your payment and to hold delivery of the product(s) unless we have received cleared funds in full. You will have to bear the charges levied by the bank, financial institution or intermediary, for any failed or declined transaction. We reserve the right to cancel any purchase order because of any mistake, error, non-availability of product(s), or fraud. Images of product(s) on the Website are solely for illustration purposes. Actual product(s) delivered to you may differ from that shown on the Website. We may impose a limit on the sale of quantity of product(s) per person for any reason in our sole discretion.

10.    Shipping and Delivery: We currently only sell to and ship to Malaysia-based customers. Delivery time will depend on the destination and mode of shipping method chosen by you. We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of any delay in delivery.

11.    Return and refund policy: Pixio is proud of the quality of its product(s) and provides warranty against manufacturing defects. Refunds and cancellation of order is generally not permitted except for cases of process or product malfunction (i.e. workmanship defect, damaged product(s), product(s) do not match ordered item). To file a complaint, kindly contact our customer service by writing to us together with picture of problem/areas of dissatisfaction. We will assess the condition of the product(s), and at our sole discretion either repair or replace the product(s) that does not meet the warranty condition. All defective products must be returned to us within 14 days of receipt by customer. The product to be returned must be unused (and not tampered with) together with the packaging. You must ensure that the product(s) are returned to us is in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept such return and send the product(s) back to you.

12.    Photo/Design Product(s): You may upload your photo or design to the Website or provide us with your file in compatible format that meets our specifications and necessary requirements. Context of design includes without limitation, photographic images and texts, files, works of authorship, illustration and drawings as part of your use of the Website. Under these Terms, you warrant that you will not use the Website for any fraudulent or illegal purpose, and you may NOT upload/provide any of the following material:
    a) Any material that could infringe on the rights of publicity, privacy or copyright without the approval and consent of the owner of these rights; (b.) Any material that is unlawful, obscene, pornographic, indecent, defamatory, offensive, abusive, threatening, or otherwise inappropriate and harmful to children in any way, or could give rise to any civil or criminal liability under applicable law; (c.) Any material that contains viruses, worms, corrupt files, Trojan horse or other sort of corrupted codes. (d.) Any material that is offensive or promotes racism, bigotry or hatred against any group or individual. While Pixio does not and cannot review all submissions, and is not responsible for their content, Pixio reserves the right to remove, refuse to print and delete submissions that, in its sole discretion, is believed to be as described in paragraphs (a.) through (d.) above, or otherwise unacceptable. You acknowledge and agree that any submission may be published, copied, customized or removed for the purposes of delivering the Products. In addition, you undertake that you will be liable for any action taken against Pixio in relation to such activities and will fully indemnify Pixio against all actions, claims, demands or costs which may arise as a result. We recommend that before submitting files to us, you retain a copy for yourself to use for future re-ordering, or in the unlikely event of your digital images being corrupted or lost. You should always retain your own copies of all files uploaded or otherwise supplied to us. Pixio has no ownership in any of your files content. We do NOT accept any amendments or changes to be made to the file ONCE the file is already uploaded. Therefore, it is solely your responsibility to thoroughly check the proofs before uploading to the Website. Pixio is not responsible for customer-generated mistakes, errors or defects including spelling, typographical or grammar errors, poor image quality derived from low-resolution images, order quantity or other ordering errors. Please be sure to preview your item carefully before placing your order. We do not proofread for, or correct, any customer-generated mistakes.

13.    User Contents: You agree not to post any user content that violates third party rights including proprietary and privacy rights, is confidential, or is false, inaccurate, misleading, derogatory, defamatory, libellous, slanderous, unlawful, threatening, harassing, abusive, or spam. Notwithstanding the foregoing, we have the right, but not the obligation to monitor the submission or publication of any user content on the Website. We reserve the right to edit, amend, or remove  any user content posted on the Website at any time and to take any further steps as required in our sole discretion, whether for legal or other reasons, without notice to you.

14.    No Warranties: The Contents of the Website are provided on an “as is” and "as available" basis without any representations or warranties of any kind, express or implied, including without limitation, warranties of title, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without prejudice to the generality of the foregoing, we do not warrant that the Website will be constantly available or available at all, or be free of errors, computer-virus or other such malicious or harmful tools, or that defects in the Website, if any, will be corrected. Save for the product warranty offered by the respective manufacturer, we disclaim any warranty, express or implied, for any product sold through the Website.

15.    Links on Website and Links to Website: We have no responsibility for the materials available on third party websites accessible through links on the Website; or third party websites which link to, mirror or frame the Website or any part thereof. Under no circumstances will we be considered to be associated, affiliated, endorsing, sponsoring, or recommending any materials used or appearing on any such third party websites.

16.    Suspension and Termination: We may temporarily suspend the availability of the Website for repair, maintenance, upgrade, modification, replacement or improvement works. We will not be responsible for any resulting loss or damage suffered as a result of such suspension. Further, we reserve all rights to block or deny access to the Website by any person or entity in our sole discretion. We may terminate the maintenance of the Website at any time without notice to you.

17.    Personal Data: We or our affiliates, agents, and third party authorised service providers may collect, use, and disclose your personal data, for the purposes of anything arising out of or in connection with your transactions using the Website and we may contact you by phone, SMS/MMS/messages through smart phone applications, fax, email, mail or other means of communication for such purposes. We will handle your personal data in compliance with the Personal Data Protection Act 2010 (Laws of Malaysia).

18.    Limitations and Exclusions of liability: To the extent permitted by law, we shall not, under any circumstances, be liable for any loss or injury to any person or loss or damage to any property, or incidental, indirect, contingent, special or consequential damages (including loss of anticipated profits or benefits) whether in contract, tort or otherwise, arising out of or in connection with your access or use of the Website, including without limitation, because of any errors, delays, omissions, interruption, breach of security, corruption, computer virus, spyware, Trojan horse, computer worm, keystroke logger, root kit or other malicious computer software, unavailability of access, or inaccuracies in the Contents of the Website.

19.    Breach: In the event of a breach of these Terms, without prejudice to our rights at law or equity, we may take such action as we deem fit in our sole discretion, including without limitation, prohibiting you from accessing or using the Website.

20.    Indemnity: You agree to defend, indemnify and hold Pixio and/or its affiliates harmless from and against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of or in connection with any breach by you of any provision of these Terms.

21.    Force majeure: We will not be liable for non-performance or delay in performance caused by any extraordinary event or circumstance beyond our control including, without limitation, wars, strikes, riots, hostilities, revolutions, national emergency, explosion, civil commotion, embargo, fire, flood, earthquake, volcanic eruption, and force of nature or any “acts of God”.

22.    Amendment: We reserve the right to amend these Terms at any time without notice to you. Your continued use of the Website after we post the amendments shall be deemed as your acceptance of the amended Terms. We encourage you to check the amended Terms posted on the Website prior to your use of the Website.

23.    Assignment: We may transfer, sub-contract or otherwise assign any rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms without our prior written consent.

24.    Relationship of Parties: These Terms shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between you and Pixio and/or its affiliates.

25.    Severance: If any term of these Terms is held by a court of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable, the same shall be deemed to be deleted from these Terms and be of no force and effect, whereas the other surviving terms hereof shall remain in full force and effect.

26.    Waiver: No failure or delay by us in exercising any right, power or privilege under these Terms shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. Our rights provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

27.    Governing Law: These Terms shall be governed by, and construed in all respects in accordance with, the laws of Malaysia and the parties hereby submit to the exclusive jurisdiction of the courts of Malaysia.



    [Last Updated: October 2018]