TERMS & CONDITIONS
The website – www.thehomepigeon.com (the “Site”) is own and operate by Next Matrix (M) Sdn Bhd (“Next Matrix”), subject to your compliance with the terms and conditions set forth below. Please read the following information carefully before using this Site. By accessing or using the online services (“Services”) of this Site, you agree to be bound by these Terms & Conditions (the “Terms). We reserve the right, in sole discretion, to modify, alter or otherwise update these Terms at any time and by continuing to use the Site after the posting of a modification, you accept the modification. If you do not agree with any of the Terms, please immediately discontinue and do not access or use any information on the Site, or submit any order to purchase any of the products and/or services.
The terms and conditions herein apply to Next Matrix, its parent companies, subsidiaries, affiliates, and divisions. The Terms herein are in addition to, and do not override, the specific Terms that apply to the products and/or services offered by Next Matrix.
Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Terms without notice. We are not liable if for any reason this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Site.
This Site may contain links to other websites (the “Linked Sites”), which are not operated by Next Matrix. Next Matrix has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
PRIVACY POLICY
Our Privacy Policy, which sets out how we will use your information, can be found at our Privacy Policy Statement. By using this Site, you consent to the processing described therein and warrant that all data provided by you is accurate.
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We accept no liability for improper use, misuse or loss of your account credentials and/or password of your account.
PROHIBITIONS
You shall not misuse this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You shall not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment or infringe upon the rights of any other person’s proprietary rights; or attempt to affect the performance or functionality of facilities or accessed through this Site.
You agree to use the service to only create and post messages and/or materials that are proper which otherwise may lead to termination or suspension of your account. You agree that you shall not (the list below is not limited);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity)
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Conduct pyramid schemes or chain letters.
- Violate any applicable laws or regulations.
CONTENT
We reserve the right, in our sole discretion, to: i) refuse to provide service to you at any time and for any reason; or ii) print anything we deem improper, offensive, or known to be illegal. You guarantee that you have the legal authority to allow us to use all matter submitted to us by you, including but not limited to the necessary license and permission to use any copyrighted material, trademarks, or graphics. You are solely responsible for the content of all matter submitted to us by you. We are not liable for any damages resulting from violation of copyright laws or illegal use of trade names or slogans.
Your Account may be terminated and/or your communications at the Site may be suspended if your content and/or materials involve any elements of those referred to above. Despite such termination or suspension, no sums previously paid by you for the Services shall be refunded. We shall not be liable for any loss including indirect or consequential loss or damage or expense suffered or incurred as a result thereof.
We reserve the right to review of materials’ content and to remove any materials at sole discretion. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
You shall be solely responsible for the database of mailing list compiled by you, which sets out the names and addresses of the recipients of the materials. You are responsible for all necessary compliance with the Personal Data Protection Act 2010 (“PDPA”).
TERMS OF SALE
By placing an order, you are offering to purchase the Service subject to the following terms and conditions. All orders are subject to availability. We reserve the right to reject any order at any time and in sole discretion without giving any reasons. Delivery times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with us, you must be over 18 years of age. If you are registering on behalf of a legal entity, you also represent and warrant that you are authorised to act on behalf of the legal entity to enter into contractual arrangements, to bind the legal entity to the Terms and Conditions, and register with us an account for and on behalf of the legal entity
1. CONTRACT
When you place an order with us, you will receive an acknowledgement email confirming receipt of your order. This email is merely an acknowledgement and will not constitute acceptance of your order. We reserve the right to refuse any order made by you. If your order is accepted, we will inform you by email. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized account holder to make payment to place your order.
2. CHANGES
Once a print job request has been submitted by you for processing, no changes are allowed to the contents or job characteristics. In such event, you shall not withdraw or revoke your order and you are responsible for paying the entire amount of that print job request along with applicable postage charges and processing fees. There are no refunds if an order is cancelled AFTER it has been placed into production
3. PAYMENT
All orders must be prepaid before commencing production. We accept bank transfer and online bank payment. You are required to provide and upload proof of payment. Your order will only be processed when the payment is clear and available in our account(s). Please be aware of the different payment timelines.
4. CREDIT POINTS
You are required to purchase credit points to place your order. The payment for your order will be converted to credit points. We assign credit point for each RM1 to 10 credit points. Points means the points converted from your purchase of credits to pay for your order. Credits can be purchased or topped up in the value of RM300, RM500 and RM1000 respectively. The credit points are non-transferable and non-assignable to third parties; not exchangeable for cash and cannot be converted to cash. Please note that your order request shall not be effective until accepted by us. Acceptance shall be evidenced only by actual delivery of credit points into your account. Notwithstanding the foregoing, we reserve the right to revoke or cancel any acceptance and cancel and reverse any credit request.
If there is no order/transaction for a period of twelve (12) consecutive months (“Dormant Period”), your account will be deactivated and no credit points will be refunded. You are encouraged to use your credit points before your account is being deactivated.
5 CONTENT ACCURACY
You may preview and be responsible for your document creation, the composition, document accuracy and content. We do not check the content in any way and you are responsible for the legality and accuracy of your mailing. We are not responsible and no reprints or credits are offered or refunded for the following reasons:
- Low resolution or low quality graphics and images as supplied by you
- Spelling, punctuation, and grammatical errors of your material contents
- Errors in user-selected options such as size, quantity, paper and finish
- Duplicate orders submitted by you
- Incorrect files uploaded by you
- Incorrect file orientation ·
- Incorrect or undeliverable recipient address
- Overseas address
Please note that you cannot send mails to overseas addresses using this platform. We are not obligated to check for any upload of overseas addresses. It will be treated as undelivered mail. We are not responsible for any charges incurred for any upload of overseas addresses. If you wish to send your bulk mail overseas, please contact us.
POSTAL DELIVERY DISCLAIMER
We provide the online platform for printing and mailing preparation services. We DO NOT provide mail delivery services. This mail delivery service is provided by National Post. We are not National Post and cannot guarantee the delivery schedules or exact dates of your mailings. Our services are completed when your mail is delivered to the National Post. If there is a delivery or service issue specific to National Post, we will assist you in coordinating all available resolutions with National Post.
TURNAROUND
We use commercially reasonable efforts to meet your expectations and requests, including production and delivery dates between 3-5 working days. However, quoted and published mail dates are best estimates and not to be considered guarantees.
POSTAGE FEES
You shall take note that we are not the National Post and any monies paid for postage is paid to the National Post on your behalf. These funds are not ours and are not refundable for any reason by us. Under absolutely no circumstances will postage be refunded for any reason once an order has been transferred to the National Post for mailing.
WARRANTIES AND GUARANTEES
Subject to applicable laws and regulations, Next Matrix provides no warranty or guarantee except to the extent expressly provided in these Terms and Conditions
LIABILITY
In no event shall Next Matrix, its directors, printing partners, officers, employees, agents, advisers, suppliers or any other party for which it may be responsible for under law, be liable for lost profits or any direct, special, incidental, consequential, indirect or punitive damages arising out of or in connection with the Site, the services or these Terms (however arising whether by any act, omission, default or negligence of Next Matrix or any of directors, officers, employees, agents, advisers, suppliers or otherwise).
Next Matrix is also not liable in any way for any loss, damage, costs or expenses arising directly (or indirectly) from any failure or delay in performing any obligation under this contract, that is outside the reasonable control of Next Matrix. This includes, but is not limited to strikes, failure of power, governmental restrictions, pandemic, acts of god and breakdowns in electronic and computer information and communications systems.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Next Matrix or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Next Matrix and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
INDEMNIFICATION
You represent that you have the legal right to produce all printed materials ordered. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively as “Claim”) is made or commenced against us based upon, relating to or arising from your acts, or the printing performed or product produced by us ordered by you, you shall indemnify and hold us harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1) defending us against any such Claim (2) paying any judgment or award against us; and (3) reimbursing us for any legal fees and expenses we reasonably incur in responding and defending the Claim.
In any event by agreeing to the Terms, you agree to indemnify, defend and hold us harmless, our printing partners, 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 this Site or your breach of the Terms.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of Malaysia. By accessing this Site or purchasing any products and services through the Site, you hereby agree to submit to the exclusive jurisdiction of the Courts of Malaysia.