Terms of Service

Kemudi Surfcraft is the owner and operator of this website. Throughout the website, the phrases “we,” “us,” and “our” signify Kemudi Surfcraft. Kemudi Surfcraft presents this website, including all information, tools, and services available from this site, to you, the user, subject to your agreement of all terms, conditions, policies, and notices stated here.

By accessing our website and/or purchasing something from us, you are engaging in our “Service” and agreeing to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any other terms and conditions and policies linked herein and/or accessible via hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, browsers, vendors, customers, merchants, and content creators.

Please read these Terms of Service carefully before visiting or using our website. By accessing or using any part of this website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not use the website or its services. If these Terms of Service are considered an offer, acceptance is explicitly restricted to these terms.

Any new features or tools added to the current store will be subject to the Terms of Service. This page always displays the most recent version of the Terms of Service. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or modifications on our website. It is your duty to check this page for updates. Your continued use or access to the website following the posting of any changes indicates acceptance of those changes. 

WordPress serves as our store’s hosting platform. They provide us with an online e-commerce platform that enables us to sell our products and services to you.

Section 1: Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose, and you may not break any local laws while using the service (including but not limited to copyright laws).

You may not transmit any worms, viruses, or disruptive code. Any breach or violation of these Terms shall result in the immediate termination of your services.

Section 2: General Conditions

We have the right to refuse service to anybody for any reason, at any time.

You realise that your content (except credit card information) may be sent unencrypted and entail (a) transmissions across several networks and (b) modifications to comply with and adapt to the technological requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.

You undertake not to replicate, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is delivered unless we expressly grant you explicit permission.

The headings in this agreement are presented for convenience only and do not limit or influence these Terms.

Section 3: Accuracy, Completeness and timeliness of Information

We accept no responsibility if the information provided on this website is incorrect, incomplete, or out of date. The information on this website is provided for general purposes only and should not be relied on or used as the only basis for making decisions without contacting primary, more accurate, complete, or timely sources of information. Any reliance on the information on this website is at your own risk.

This webpage may contain some historical information. Historical information is inherently out of date and is presented solely for reference purposes. We reserve the right to change the content of this site at any time, but we are under no duty to update any information on our website. You acknowledge that it is your obligation to monitor changes to our website.

Section 4: Modifications to the service and prices

Prices for our products may change without notice.

We retain the right to alter or discontinue the Service (or any part or content thereof) without prior notice at any time. We will not be liable to you or any third parties for any modification, price change, suspension, or discontinuance of the Service.

Section 5: Products or services (if Applicable)

Certain products or Services may be available only online via the website. These products or Services may be available in limited quantities. We have made every effort to accurately display the colours and images of our products as they appear in the store. We cannot guarantee the accuracy of any colour displayed on your computer monitor.

We reserve the right, but are not bound, to restrict the sale of our products or Services to any individual, geographic location, or jurisdiction. We may use this right on a case-by-case basis. We have the right to limit the quantity of any items or Services we provide. All product descriptions and pricing are subject to change without notice at our sole discretion. We retain the right to discontinue any product at any time. Any offer for a product or Service on this website is invalid where prohibited.

Section 6: Accuracy of billing and account information

We have the right to decline any orders placed with us. We may, at our sole discretion, limit or cancel quantities ordered per person, home, or order. These limits may apply to orders placed by or under the same customer account, with the same payment card, and/or at the same billing and/or shipping address. If we change or cancel an order, we may attempt to tell you by contacting the e-mail and/or billing address/phone number you supplied when placing the transaction. We have the right to limit or reject orders that we believe were placed by dealers, resellers, or distributors.

You commit to providing current, complete, and accurate purchase and account information for all transactions made in our store. You agree to keep your account and other information up to date, including your email address, credit card numbers, and expiration dates, so that we can process your transactions and contact you as needed.

Section 7: optional tools

We may grant you access to third-party tools over which we have no monitoring, control, or input. You understand and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or terms of any kind, and without any endorsement. We will have no liability arising from or related to your use of optional third-party tools.

Any use of optional tools available through the site is solely at your own risk and discretion, and you must ensure that you are familiar with and approve of the conditions under which the tools are provided by the relevant third-party provider(s).

In the future, we may offer new services and/or features via the website (including the introduction of new tools and materials). These additional features and/or services will also be subject to the Terms of Service.

Section 8: Third-party links

Third-party materials may be included in certain content, products, and Services made accessible through our Service.

Third-party links on our site may take you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant or accept any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services provided by third parties.

We are not accountable for any harm or losses resulting from the purchase or use of goods, services, resources, material, or other transactions conducted through any third-party website. Please carefully review and understand the third party’s policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions about third-party products should be addressed to the third party.

Section 9: user comments, feedback and other submissions

If you send us specific submissions (for example, contest entries) or send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us at any time and in any medium. We are and will be under no duty to (1) keep any comments confidential; (2) compensate for any remarks; or (3) reply to any comments.

We may, but are not obligated to, monitor, edit, or remove content that we believe to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any party’s intellectual property or our Terms of Service.

You agree that your comments will not infringe on the rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could disrupt the functioning of the Service or any connected website. Please do not use a false email address, impersonate someone else, or mislead us or others about the origin of your comments. You are completely responsible for any comments you make, including their correctness. We accept no responsibility or liability for any remarks posted by you or a third party.

Section 10: Personal information

Your submission of personal information through the store is regulated by our Privacy Policy, which may be viewed here: Privacy Policy

Section 11: Errors, Inaccuracies and omissions

Occasionally, there may be typographical mistakes, inaccuracies, or omissions in product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability. We retain the right to correct any mistakes, inaccuracies, or omissions, as well as change or update information or cancel orders, at any time without prior notice (even after you have made your order).

Except as required by law, we are under no duty to update, change, or clarify information in the Service or on any related website, including but not limited to pricing information. The absence of a specified update or refresh date in the Service or on any associated website should be interpreted as indicating that all information in the Service or on any related website has been changed or updated.

Section 12: Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13: Disclaimer of warranties; Limitation of liability

We make no assurance, representation, or warranty that your use of our Service will be uninterrupted, speedy, secure, or error-free. We make no warranties that the results received by using the Service will be accurate or trustworthy. You accept that we may remove the Service for an indeterminate amount of time or cancel it at any moment without prior notification to you.

You expressly acknowledge that your use of or inability to use the Service is entirely at your own risk. Except as expressly stated by us, the Service and all products and Services delivered to you through the Service are provided ‘as is’ and ‘as available’ for your use, with no representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.

In no case shall Kemudi Surfcraft, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14: Indemnification

In the event that you violate these Terms of Service or the documents they incorporate by reference, or if you violate any law or third party’s rights, you agree to indemnify, defend, and hold harmless Kemudi Surfcraft and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party.

Section 15: Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; however, such determination shall have no bearing on the validity and enforceability of any other remaining provisions.

Section 16: Termination

All obligations and liabilities incurred by the parties previous to the termination date will survive the termination of this agreement. These Terms of Service are effective until cancelled by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by discontinuing access to our website.

If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination and/or deny you access to our Services (or any part thereof).

Section 17: Entire Agreement

Failure by us to assert or enforce any right or term of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service will not be construed against the draughting party.

Section 18: Governing Law

These Terms of Service, as well as any additional agreements under which we supply you with Services, are governed by and construed in accordance with Malaysian law.

Section 19: Changes To Terms of Service

You can see the most recent version of the Terms of Service at any time from this page. We reserve the right, at our sole discretion, to update, amend, or replace any portion of these Terms of Service by posting updates and modifications on our website. It is your duty to periodically check our website for changes. Your continued use or access to our website or the Service following the posting of any modifications to these Terms of Service indicates your acceptance of such changes.

Section 20: Contact Information

Questions about the Terms of Service should be directed to us at kemudisurfcraft@gmail.com.

Our contact information is provided below:

Kemudi Surfcraft
kemudisurfcraft@gmail.com
Jalan Bayu Puteri 2/10, Taman Bayu Puteri,
81750, Johor Bahru, Malaysia
Phone: +6012 729 1436