PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CLICKING OR CHECKING “SIGN UP”, “I AGREE TO HEAVENLY STAR MUSIC SDN. BHD.’S PRIVACY POLICY”, “I AGREE AND CONSENT TO THE COLLECTION, USE, DISCLOSURE, STORAGE, TRANSFER AND/OR PROCESSING OF MY PERSONAL DATA FOR THE PURPOSE STATED IN, AND UNDER THE TERMS OF, HEAVENLY STAR MUSIC SDN. BHD..’S PRIVACY POLICY” OR SIMILAR STATEMENTS AVAILABLE AT THE HEAVENLY STAR MUSIC SDN. BHD.. REGISTRATION PAGE OR IN THE COURSE OF PROVIDING YOU WITH THE SERVICES OR ACCESS TO THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS PRIVACY POLICY AND THAT YOU HAVE AGREED AND CONSENTED TO THE COLLECTION, USE, DISCLOSURE, STORAGE, TRANSFER AND/OR PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED AND UNDER THE TERMS HEREIN.

1. Introduction to this Privacy Policy

1.1. Heavenly Star Music Sdn. Bbd. and its affiliates (collectively or individually, “Heavenly Star Music Sdn. Bbd.”, “we” or “us” take your privacy seriously. Depending on your location, the Heavenly Star Music Sdn. Bbd. entity controlling your personal data will be Heavenly Star Music Sdn. Bbd.and/or as follows:

Malaysia: 

– MK Sounds Heavenly 

– Sounds or Heaven Music Academy

Where applicable, this Privacy Policy should be read in conjunction for your jurisdiction as set out in Section 13 below.

1.2. In the course of providing you with the Services or access to the Platform (as defined in the Terms of Use), we will be collecting, using, disclosing, storing and/or processing data, including your personal data. In this Privacy Policy, Platform shall also refer to the relevant seller platform(s).

1.3. This Privacy Policy exists to keep you in the know about how we collect, use, disclose, store and/or process the data we collect and receive during the course of providing the Services or access to the Platform to you, our user, whether you are using our Platform as a buyer or a seller. We will only collect, use, disclose, store and/or process your personal data in accordance with this Privacy Policy.

1.4. It is important that you read this Privacy Policy together with any other applicable notices we may provide on specific occasions when we are collecting, using, disclosing and/or processing personal data about you, so that you are fully aware of how and why we are using your personal data.

1.5. We may update this Privacy Policy from time to time. Any changes we make to this Privacy Policy in the future will be reflected on this page and material changes will be notified to you. Where permissible under local laws, your continued use of the Services, access to the Platform or use of the Services, including placing Orders (as defined in the Terms of Use) on the Platform, or express consent thereto, shall constitute your acknowledgment and acceptance of the changes we make to this Privacy Policy. You agree that it is your responsibility to check back frequently to see any updates or changes to this Privacy Policy.

1.6. This Privacy Policy applies in conjunction with other notices, contractual clauses and consent clauses that apply in relation to the collection, storage, use, disclosure and/or processing of your personal data by us and is not intended to override them unless we state expressly otherwise.

1.7. All of these terms apply to Heavenly Star Music Sdn. Bbd.’s users, whether buyers or sellers, unless stated specifically to apply only to buyers or only to sellers.

2. The Personal Data We Collect From You

2.1. Personal data means any information about an individual, whether recorded in a material form or not and whether true or not, who can be identified from that data (whether directly or indirectly), or from that data and other data to which we have or are likely to have access.

2.2. During the course of your use of the Platform and the provision of the Services, we may collect personal data about you, as follows:

(a) Where you are a buyer:

(i) Identity data, such as your name, gender, profile picture, and date of birth;

(ii) Contact data, such as billing address, delivery address, email address and phone numbers;

(iii) Biometric data, such as voice files when you use our voice search function, and facial and other bodily features and voice of yourself and/or another person featured in your video when you upload videos onto the Platform;

(iv) Account data, such as bank account details, bank statements, credit card details and payment details (such account data may also be collected directly by our affiliates and/or third party payment service providers);

(v) Transaction data, such as details about orders and payments, and other details of products and Services related to you;

(vi) Technical data, such as Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, international mobile equipment identity, device identifier, IMEI, MAC address, cookies (where applicable) and other information and technology on the devices you use to access the Platform;

(vii) Profile data, such as your username and password, orders related to you, your interests, preferences, feedback and survey responses;

(viii) Usage data, such as information on how you use the Platform, products and Services or view any content on the Platform, including the time spent on the Platform, items and data searched for on the Platform, access times and dates, as well as websites you were visiting before you came to the Platform and other similar statistics;

(ix) Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to the Platform;

(x) Marketing and communications data, such as your preferences in receiving marketing from us and our third parties, your communication preferences and your chat, email or call history on the Platform or with third party customer service providers; and

(xi) Additional information we may request you to submit for due diligence checks as required for identity verification (such as copies of government issued identification, e.g. passport, ID cards, etc.) or if we believe you are violating our Privacy Policy or our Terms of Use.

How we receive your personal data

2.3. During the course of your use of the Platform and our provision of the Services, we may receive personal data from you in the situations, as follows:

(a) When you browse our website (both mobile and web versions);

(b) When you create an account with us (as buyer or seller);

(c) When, as a seller, you list products and/or services for sale on the Platform and conduct transactions with buyers in respect of the sale and purchase of those products and/or services through the Platform;

(d) When you apply for, subscribe to or otherwise use any of the Services;

(e) When you make a transaction regarding the products available on the Platform;

(f) When you activate or use any payment-related functions available on the Platform or provided by our third party service providers;

(g) When you use any of the features, functions, mini-apps or mobile games available on the Platform or Services;

(h) When you record any user-generated content which is uploaded on the Platform;

(i) When you use the chat function on the Platform;

(j) When you subscribe to our publications or marketing collaterals;

(k) When you enter a competition, promotion or survey;

(l) When you participate in any activity or campaign on the Platform;

(m) When you log in to your account on the Platform or otherwise interact with us via an external service or application, such as Facebook or Google;

(n) When any other user of the Platform posts any comments on the content you have uploaded on the Platform or when you post any comments on other users’ content uploaded to the Platform;

(o) When a third party lodges a complaint against you or the content you have posted on the Platform; and

(p) When you interact with us offline, including when you interact with our outsourced customer service agents.

2.4. We may collect personal data from you, third parties (including but not limited to agents, vendors, contractors, partners and any others who provide services to us, who collect your personal information and/or perform functions on our behalf, or with whom we collaborate, including but not limited to payment service providers, government sources of data, financial providers, credit bureaus, delivery, marketing and other service partners), our affiliates, or such data may be collected automatically when you use the Platform or the Services, as set out in this section. See also section 10 below on the collection of computer data.

2.5. Where we collect personal data from third parties and/or our affiliates, we will only collect your personal data, where permitted by law, for or in connection with the purposes for which those third parties or our affiliates are engaged, for the purposes of our collaboration with the third parties or affiliates, or for the requirement to carry out verification or due diligence checks. During the course of your use of the Platform and our provision of the Services, you agree that you have provided your consent (whether to us, the third party or our affiliates) to the transfer of your personal data from third parties and/or our affiliates to Heavenly Star Music Sdn. Bbd. for the purposes set out in this Privacy Policy or any other terms.

2.6. You must only submit personal data which is accurate and not misleading and you must keep it up to date and inform us of any changes to the personal data you have provided to us. We shall have the right to request for documentation and carry out the necessary checks to verify the personal data provided by you as part of our user verification processes or as required under law.

2.7. We will only be able to collect certain categories of personal data if you voluntarily provide the personal data to us or as otherwise provided for under this Privacy Policy. If you choose not to provide your personal data to us or subsequently withdraw your consent to our use of your personal data, we may not be able to provide you with certain features or functionality on the Services or access to the Platform.

2.8. If you provide personal data of any third party to us, you represent and warrant that you have obtained the necessary consent, license and permissions from that third party to share and transfer his/her personal data to us, and for us to collect, store, use and disclose that data in accordance with this Privacy Policy.

2.9. If you sign up to be a user on our Platform using your social media account or link your Heavenly Star Music Sdn. Bbd. account to your social media account or use certain other Heavenly Star Music Sdn. Bbd. social media features, we may access personal data about you which you have voluntarily provided to your social media provider in accordance with the provider’s policies and we will manage your personal data in accordance with this Privacy Policy.

3. Use and Disclosure of Your Personal Data

Purpose of Use

3.1. The personal data we collect from you or via third parties may be used for certain purposes, as follows:

(a) Where you are a buyer:

(i) Processing your order for products (whether sold by us or a third party seller)

• To process orders you submit through the Platform;
• To deliver the products you have purchased through the Platform. We may pass your personal information on to a third party (e.g. our logistics partner) or relevant regulatory authority (e.g. customs) in order to make delivery of the product to you;
• To update you on the delivery of the products;
• To provide customer support for your orders; and
• To verify and carry out payment transactions (including any credit card payments, bank transfers, offline payments, remittances, or e-wallet transactions) in relation to payments related to you and/or Services used by you. In order to verify and carry out such payment transactions, payment information, which may include personal data, will be transferred to third parties such as our payment service providers.

(ii) Providing Services

• To facilitate your use of the Services or access to the Platform;
• To administer your account (if any) with us;
• To display your name, username or profile on the Platform (including on any reviews you may post);
• To facilitate the use of the mini-apps available on the Platform and purchases made via these mini-apps;
• To respond to your queries, feedback, claims or disputes, whether directly or through our third party service providers;
• To display on scoreboards on the Platform in relation to campaigns, mobile games or any other activity;
• To allow other users to identify you (via the “Find my friends” or any other similar function) as a user of the Service, to allow you to find other users and to connect with them on the Platform, and to support the socialising function of the Services (where applicable);
• To assess your application for loan facilities and/or to perform credit risk assessments in relation to application for financing services (where applicable); and
• To facilitate the integration of third party’s loyalty membership programmes (including those supported by sellers or brands) with our Platform.

(iii) Marketing and advertising

• To provide you with information we think you may find useful or which you have requested from us (provided you have opted to receive such information);
• To send you marketing or promotional information about our or third-party sellers’ products and services on our Platform from time to time (provided you have opted to receive such information);
• To help us conduct marketing and advertising; and
• To promote the Services and use information that you give to us, such as user-generated content (including video content) that you can choose to upload or broadcast on our Platform and will be accessible on the Internet and may be shared by the public (the latter of which is not within our control), as part of our advertising and marketing campaigns to promote the Platform.

(iv) Legal and operational purposes

• To ascertain your identity in connection with fraud detection purposes;
• To compare information, and verify with third parties in order to ensure that the information is accurate;
• To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the Platform;
• To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
• To store, host, back up your personal data;
• To prevent or investigate any actual or suspected violations of our Terms of Use, Privacy Policy, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us;
• To perform due diligence checks;
• To comply with legal and regulatory requirements (including, where applicable, the display of your name, contact details and company details), including any law enforcement requests, in connection with any legal proceedings, or otherwise deemed necessary by us; and
• Where necessary to prevent a threat to life, health or safety.

(v) Analytics, research, business and development

• To understand your user experience with the Services and the Platform;
• To improve the layout or content of the pages of the Platform and customise them for users;
• To identify visitors on the Platform;
• To conduct surveys, including carrying out research on our users’ demographics and behaviour;
• To improve our current technology (e.g. voice recognition tech, etc) via machine learning or other means;
• To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;
• To conduct data analysis, testing and research, monitoring and analysing usage and activity trends;
• To further develop our products and services; and
• To know our buyers better.

(vi) Other

• Any other purpose to which your consent has been obtained; and
• To conduct automated decision-making processes in accordance with any of the above purposes.

(b) Where you are a seller:

(i) Providing Services

• To facilitate your use of the Services or access to the Platform;
• To ship or deliver the products you have listed or sold through the Platform. We may pass your personal information on to a third party (e.g. our logistics partners) or relevant regulatory authority (e.g. customs) in order to carry out shipping or delivery of the products listed or sold by you;
• To respond to your queries, feedback, claims or disputes, whether directly or through our third party service agents;
• To verify your documentation submitted to us facilitate your onboarding with us as a seller on the Platform, including the testing of technologies to enable faster and more efficient onboarding;
• To administer your account (if any) with us;
• To display your name, username or profile on the Platform;
• To verify and carry out financial transactions (including any credit card payments, bank transfers, offline payments, remittances, or e-wallet transactions) in relation to payments related to you and/or Services used by you. In order to verify and carry out such payment transactions, payment information, which may include personal data, will be transferred to third parties such as our payment service providers;
• To assess your application for loan facilities and/or to perform credit risk assessments in relation to your application for seller financing (where applicable);
• To provide you with ancillary logistics services to protect against risks of failed deliveries or customer returns; and
• To facilitate the return of products to you (which may be through our logistics partner).

(ii) Marketing and advertising

• To send you marketing or promotional materials about our or third-party sellers’ products and services on our Platform from time to time (provided you have opted to receive such information); and
• To help us conduct marketing and advertising.

(iii) Legal and operational purposes

• To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
• To store, host, back up your personal data;
• To prevent or investigate any actual or suspected violations of our Terms of Use, Privacy Policy, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us;
• To comply with legal and regulatory requirements (including, where applicable, the display of your name, contact details and company details), including any law enforcement requests, in connection with any legal proceedings or otherwise deemed necessary by us;
• Where necessary to prevent a threat to life, health or safety;
• To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the Platform;
• To compare information, and verify with third parties in order to ensure that the information is accurate;
• To ascertain your identity in connection with fraud detection purposes; and
• To facilitate the takedown of prohibited and controlled items from our Platform.

(iv) Analytics, research, business and development

• To audit the downloading of data from the Platform;
• To understand the user experience with the Services and the Platform;
• To improve the layout or content of the pages of the Platform and customise them for users;
• To conduct surveys, including carrying out research on our users’ demographics and behaviour to improve our current technology (e.g. voice recognition tech, etc) via machine learning or other means;
• To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;
• To conduct data analysis, testing and research, monitoring and analysing usage and activity trends;
• To further develop our products and services; and
• To know our sellers better.

(v) Other

• Any other purpose to which your consent has been obtained; and
• To conduct automated decision-making processes in accordance with any of these purposes.

Who we disclose your personal data to

3.2. We may share (or permit the sharing of) your personal data with and/or transfer your personal data to third parties and/or our affiliates for the above-mentioned purposes. These third parties and affiliates, which may be located inside or outside your jurisdiction, include but are not limited to:

(i) Service providers (such as agents, vendors, contractors and partners) in areas such as payment services, logistics and shipping, marketing, data analytics, market or consumer research, survey, social media, customer service, installation services, information technology and website hosting;

(ii) Their service providers and related companies; and

(iii) Other users of the Platform or Services.

3.3. In disclosing your personal data to them, we endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorised access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as your personal data is needed to achieve the above-mentioned purposes.

3.4. We may also share personal data in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we satisfy the requirements of applicable data protection law when disclosing your personal data.

International data transfer

3.5. We may transfer or permit the transfer of your personal data outside of your jurisdiction for any of the purposes set out in this Privacy Policy. However, we will not transfer or permit any of your personal data to be transferred outside of such jurisdiction unless the transfer is in compliance with applicable laws.

Third party services

3.6. We may share your personal data with our third party service providers or affiliates (e.g. payment service providers) in order for them to offer services to you other than those related to your use of the Platform or our Services. Your acceptance and use of the third party service provider’s or our affiliate’s services shall be subject to terms and conditions as may be agreed between you and the third party service provider or our affiliate. Upon your acceptance of the third party service provider’s or our affiliate’s service offering, the collection, use, disclosure, storage, transfer and processing of your data (including your personal data and any data disclosed by us to such third party service provider or affiliate) shall be subject to the applicable privacy policy of the third party service provider or our affiliate, which shall be the data controller of such data. You agree that any queries or complaints relating to your acceptance or use of the third party service provider’s or our affiliate’s services shall be directed to the party named in the applicable privacy policy.

4. Withdrawal of Consent to Continued Use, Disclosure, Storing and/or Processing of Personal Data

4.1. You may communicate the withdrawal of your consent to the continued use, disclosure, storing and/or processing of your personal data by contacting us using the contact details below, subject to the conditions and/or limitations imposed by applicable laws or regulations.

4.2. Please note that if you communicate your withdrawal of your consent to our use, disclosure, storing or processing of your personal data for the purposes and in the manner as stated above or exercise your other rights as available under applicable local laws, we may not be in a position to continue to provide the Services to you or perform any contract we have with you, and we will not be liable in the event that we do not continue to provide the Services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.

Marketing information

4.3. You may unsubscribe from receiving marketing information at any time in our mobile application settings or by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.

5. Updating Your Personal Data

5.1. It is important that the personal data you provide to us is accurate and complete for you to continue using the Platform and for us to provide the Services. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date.

5.2. You can update your personal data anytime by accessing your account on the Platform.

5.3. We take steps to share the updates to your personal data with third parties and our affiliates with whom we have shared your personal data if your personal data is still necessary for the above-stated purposes.

6. Accessing and Correcting Your Personal Data

6.1. You may request information about your personal data which we have collected, or enquire about the ways in which your personal data may have been used, disclosed, stored or processed by us via the personal account information setting on our Platform or by contacting us using the contact details below. You may also request correction of any error or omission in your personal data which we have collected in the same way. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request. Where permissible under law, we may refuse such correction requests if deemed vexatious or unreasonable.

6.2. Where permitted by applicable data protection laws, we reserve the right to charge a reasonable administrative fee for retrieving your personal data records. If so, we will inform you of the fee before processing your request.

7. Security of Your Personal Data

7.1. To safeguard your personal data from unauthorised access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks, we have introduced appropriate administrative, physical and technical measures such as:

(a) Restricting access to personal data to individuals who require access;

(b) Maintaining technology products to prevent unauthorised computer access;

(c) Using 128-bit SSL (secure sockets layer) encryption technology when processing your financial details; and/or

(d) implementing other security measures as required by applicable law.

7.2. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

8. Retention of Personal Data

8.1. We will only retain your personal data for as long as we are either required or permitted to by law or as relevant for the purposes for which it was collected.

8.2. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose.

9. Minors

9.1. Heavenly Star Music Sdn. Bbd. does not sell products to minors (which is to be determined based on the applicable law), nor does it intend to provide any of the Services or the use of the Platform to minors. We do not knowingly collect any personal data relating to minors.

9.2. You hereby confirm and warrant that you are above the age of minority and you are capable of understanding and accepting the terms of this Privacy Policy. If you are a minor, you may use our Platform only with the involvement of a parent or legal guardian.

9.3. As a parent or legal guardian, please do not allow minors under your care to submit personal data to Heavenly Star Music Sdn. Bbd.. In the event that such personal data of a minor is disclosed to Heavenly Star Music Sdn. Bbd., you hereby consent to the processing of the minor’s personal data and accept and agree to be bound by this Privacy Policy and take responsibility for his or her actions.

9.4. We will not be responsible for any unauthorised use of the Services on the Platform by yourself, users who act on your behalf or any unauthorised users. It is your responsibility to make your own informed decisions about the use of the Services on the Platform and take necessary steps to prevent any misuse of the Services on the Platform.

10. Collection of Computer Data

10.1. We or our authorised service providers may use cookies, web beacons, and other similar technologies in connection with your use of the Services or access of the Platform.

10.2. When you visit the Platform through your computer, mobile device, or any other device with Internet connectivity, our company servers will automatically record data that your browser sends whenever you visit a website, such as the technical data and usage data outlined in Section 2 above.

10.3. This data is collected for analysis and evaluation in order to help us improve our website and the services and products we provide, as well as to help us to personalise the content to match your preferred interests more quickly. The data is also collected to make the Services and the Platform more convenient and useful to you, and to provide more relevant advertising related to market products, services and features to you.

10.4. Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognise a particular device or browser. Web beacons are small graphic images that may be included on our Services and the Platform. They allow us to count users who have viewed these pages so that we can better understand your preference and interests.

10.5. You may be able to manage and delete cookies through your browser or device settings. However, certain cookies are required to enable core functionality (such as adding items to your shopping basket), so please note that changing and deleting cookies may affect the functionality available on the Platform or through our Services.

11. Third Party Sites

11.1. The Platform may contain links to other websites operated by other parties, such as our business affiliates, merchants or payment gateways. We are not responsible for the privacy practices of websites operated by these other parties. You are advised to check on the applicable privacy policies of those websites to determine how they will handle any information they collect from you.

12. Questions, Feedback, Concerns, Suggestions or Complaints

12.1. If you have any questions on personal data protection or data privacy, please refer to our list of frequently asked questions on data protection / privacy.

12.2. If your queries are not covered in our FAQs, or if you have any queries or complaints about this Privacy Policy or how we handle your personal data, please feel free to contact us via our online chat service or as follows:

Malaysia

Tel: +601123206800 (Office)

Version dated 27 July 2021

1.1 Welcome to the Heavenly Star Music Sdn. bhd.  website (the “Platform”). These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “Heavenly Star Music Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://www.heavenlystarmusic.com/privacy-policy/. By accessing the Platform and/or using the Services, you agree to be bound by Heavenly Star Music Sdn. Bbd. Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Heavenly Star Music Sdn. Bbd. Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.

1.2 The Terms of Use stated herein constitute a legal agreement between you , a company incorporated in Malaysia and having its registered address at A-07-01, Plaza, 2, Jalan Kiara, Mont Kiara, 50480 Kuala Lumpur, Federal Territory of Kuala Lumpur (“Heavenly Star Music Sdn. Bbd.”, “we”, “us” or “our”).

1.3 Heavenly Star Music Sdn. Bbd. reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Heavenly Star Music Sdn. Bbd. Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

1.4 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

2. USE OF THE PLATFORM AND/OR SERVICES

2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.

2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Heavenly Star Music Sdn. Bbd. shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.5 We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;

(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

2.6 Third Party Vendors: You acknowledge that parties other than Heavenly Star Music Sdn. Bbd. (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by Heavenly Star Music Sdn. Bbd. or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer. You further acknowledge that Third Party Vendors may utilise paid services offered by Heavenly Star Music Sdn. Bbd. to occupy certain product listings slots within your search results on the Platform. Such Product listing may be accompanied by a “megaphone” logo.

3. USER SUBMISSIONS

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5. Our limitation of responsibility and liability

5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Heavenly Star Music Sdn. Bbd. of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

5.2 Without limiting the foregoing, Heavenly Star Music Sdn. Bbd. does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

5.3 Heavenly Star Music Sdn. Bbd. and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Platform or the Services;

(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use and/or other Heavenly Star Music Sdn. Bbd. Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

8. ARBITRATION

8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other Heavenly Star Music Sdn. Bbd. Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consist of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

8.2 Notwithstanding the foregoing, Heavenly Star Music Sdn. Bbd. reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

9. TERMINATION

9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other Heavenly Star Music Sdn. Bbd. Terms and Conditions. Upon any termination of these Terms of Use and/or other Heavenly Star Music Sdn. Bbd. Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Heavenly Star Music Sdn. Bbd. shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Heavenly Star Music Sdn. Bbd., in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

Terms and Conditions of Sale

1. Interpretation

1.1 In these Conditions:

“Buyer” means the person who purchases Goods on the Platform;

“Conditions” mean these Terms and Conditions of Sale;

“Contract” means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;

“Goods” means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“Heavenly Star Music” means Heavenly Star Music Sdn. Bhd. (Company No.:1423404-W), a company incorporated in Malaysia and having its registered address at A-07-01, Plaza, 2, Jalan Kiara, Mont Kiara, 50480 Kuala Lumpur, Federal Territory of Kuala Lumpur;

“Heavenly Star Music Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the Heavenly Star Music Sdn. Bbd. website 

“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor. Heavenly Star Music Sdn. Bbd. may also be a “Seller” for selected Goods;

“Services” means the use of any services, information and functions made available by Heavenly Star Music Sdn. Bbd. at the Platform;

“Third Party Vendor” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and excludes Heavenly Star Music Sdn. Bbd.; and

“Writing” includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Any references to “Heavenly Star Music Sdn. Bbd.” in these Conditions refer to both Heavenly Star Music Sdn. Bbd.’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it Heavenly Star Music Sdn. Bbd. or a Third Party Vendor, may be stated on the webpage listing such Goods.

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Heavenly Star Music Sdn. Bbd. and Heavenly Star Music Sdn. Bbd. has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Heavenly Star Music Sdn. Bbd.. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, Heavenly Star Music Sdn. Bbd. is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4 While the Seller endeavours to provide an accurate description of the Goods, neither Heavenly Star Music Sdn. Bbd. nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Heavenly Star Music Sdn. Bbd. in its website shall be subject to correction without any liability on the part of Heavenly Star Music Sdn. Bbd..

3. Orders and Specifications

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Heavenly Star Music Sdn. Bbd. shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Heavenly Star Music Sdn. Bbd. shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon Heavenly Star Music Sdn. Bbd. issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Heavenly Star Music Sdn. Bbd. shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Heavenly Star Music Sdn. Bbd. shall furthermore be entitled to require the Buyer to furnish Heavenly Star Music Sdn. Bbd. with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Heavenly Star Music Sdn. Bbd. and on terms that the Buyer shall indemnify Heavenly Star Music Sdn. Bbd. in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Heavenly Star Music Sdn. Bbd. as a result of the modification or cancellation, as the case may be.

4. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Heavenly Star Music Sdn. Bbd. in addition to the price, but it excludes the delivery charges.

4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which Heavenly Star Music Sdn. Bbd. shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Heavenly Star Music Sdn. Bbd., either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledge that Heavenly Star Music Sdn. Bbd. is entitled to collect payments from Buyer on behalf of Third Party Vendors.

5.2 The terms and conditions applicable to each type of payment, as prescribed by Heavenly Star Music Sdn. Bbd. on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Credit Card

Credit card payment option is available for all Buyers. Heavenly Star Music Sdn. Bbd. accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.

Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

5.2.2 Debit Cards

Heavenly Star Music Sdn. Bbd. accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Heavenly Star Music Sdn. Bbd. account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Heavenly Star Music Sdn. Bbd., in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

5.2.4 Instalment Payments via Credit Card

1. Only Buyers making payment for Goods by means of a credit card issued by Maybank or any other instalment payment partner banks which we may inform from time to time shall be entitled to participate in the six (6) months and twelve (12) months instalment payment plan, as provided below (“Entitled Buyer(s)”).
2. Entitled Buyers making minimum purchases of RM500 shall be entitled to apply to make payment for the Goods by means of the six (6) months Easy Pay Instalment Scheme whereas Entitled Buyers making minimum purchases of RM1,000 shall be entitled to apply to make payment for the Goods by means of the twelve (12) months Easy Pay Instalment Scheme, subject to a maximum purchase value of RM50,000.

iii. For purposes of this sub-Clause, the instalment payment plan set out in sub-Clauses 5.2.4 (i) and (ii) above shall collectively be referred to as “Credit Card Instalments”.

1. When the Entitled Buyer purchases Goods and makes payment for the same via Credit Card Instalments, the transaction shall be handled by Heavenly Star Music Sdn. Bbd.. Each Entitled Buyer would receive a call from Heavenly Star Music Sdn. Bbd. for verification and approval. An Entitled Buyer shall only be entitled to purchase Goods via Credit Card Instalments upon verification and approval by Heavenly Star Music Sdn. Bbd..
2. While an approval for a Credit Card Instalments transaction is subject to the Entitled Buyer’s available balance and credit availability on his/her credit card account, Heavenly Star Music Sdn. Bbd. also shall retain absolute discretion in granting its approval to any credit card transaction.
3. When entering into a credit card transaction for the purchase of Goods via Credit Card Instalments, Heavenly Star Music Sdn. Bbd.’s name shall be shown as the selling merchant in the Entitled Buyer’s credit card statement.

vii. When an Entitled Buyer makes an application to Heavenly Star Music Sdn. Bbd. for the payment of Goods via Credit Card Instalments and upon approval of the application by Heavenly Star Music Sdn. Bbd., as provided above, the Buyer’s bank will debit the Entitled Buyer’s credit card account with the instalment payable monthly, for the duration stipulated. The Entitled Buyer’s available credit limit will be provisionally reduced by earmarking an amount, equivalent to the amount of the total purchase price for the relevant Goods, which will not be available to Entitled Buyer for the duration of the instalment payments. However, the credit limit will progressively restore on a monthly basis as repayment of each instalment amount is made monthly.

viii. Each Credit Card Instalments may be charged a processing fee prescribed by the relevant instalment payment partner banks. This fee shall not be refundable, even if the purchase transaction is terminated, regardless of the reason of termination.

1. If the Entitled Buyer decides to cancel his/her orders twenty-four (24) hours after the relevant order has been confirmed and prior to shipment, Heavenly Star Music Sdn. Bbd. shall be entitled to impose a minimum of 15% of the total amount of the purchase price of the relevant Goods and the processing fee as administrative fees, in addition to the transaction fees charged by the relevant instalment payment partner banks. The balance after deduction of the administrative fees and the transaction fees will be refunded to the Entitled Buyer.
2. In the event of cancellation of the Entitled Buyer’s credit card account, any unpaid portion of the purchase price of the relevant purchased Goods shall become immediately due and payable. Insofar as is possible, this outstanding sum shall be debited to the Entitled Buyer’s credit card without further reference payable by the Entitled Buyer.
3. When the Entitled Buyer chooses to make payment for purchase of Goods via Credit Card Instalments, Heavenly Star Music Sdn. Bbd.’s 14-days Return Policy will no longer be applicable and the Entitled Buyer will no longer be allowed to return any items unless it is damaged to which the item shall be replaced or refunded for the amount paid. Such replacement or refund will not affect or interrupt the Credit Card Instalments. No returns for “change of mind” reason will be valid for Entitled Buyers that choose to make payment for the Goods via Credit Card Instalments.

5.2.5 Cash on Delivery

Cash on Delivery (pay cash upon delivery) is available within the region of Klang Valley with a fee as may be prescribed by Heavenly Star Music Sdn. Bbd. for each order. Heavenly Star Music Sdn. Bbd. reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.

5.3 Buyer may not claim against Seller or any of its agents (which may include Heavenly Star Music Sdn. Bbd.), for any failure, disruption or error in connection with the Buyer’s chosen payment method. Heavenly Star Music Sdn. Bbd. reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:

5.4.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or

5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

5.5 All refunds shall be made via the Heavenly Star Music Sdn. Bbd. virtual payment account (“Heavenly Star Music Sdn. Bbd. Payment Account”). Heavenly Star Music Sdn. Bbd. offers no guarantee of any nature for the timeliness of the refunds reaching the Heavenly Star Music Sdn. Bbd. Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Heavenly Star Music Sdn. Bbd.. All refunds are conditional upon Heavenly Star Music Sdn. Bbd.’s acceptance of a valid return of the Goods. Heavenly Star Music Sdn. Bbd. reserve the right to modify the mechanism of processing refunds at any time without notice.

5.6 All payments for the purchased Goods must be made to Heavenly Star Music Sdn. Bbd. using the payment methods made available on the Platform only. Heavenly Star Music Sdn. Bbd. shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Heavenly Star Music Sdn. Bbd. has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Heavenly Star Music Sdn. Bbd. shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Heavenly Star Music Sdn. Bbd., be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Heavenly Star Music Sdn. Bbd. fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Heavenly Star Music Sdn. Bbd. of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Heavenly Star Music Sdn. Bbd.’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Heavenly Star Music Sdn. Bbd. shall be entitled at any time to demand the Buyer to deliver up the Goods to Heavenly Star Music Sdn. Bbd. and in the event of non-compliance Heavenly Star Music Sdn. Bbd. reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Heavenly Star Music Sdn. Bbd., Heavenly Star Music Sdn. Bbd. may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

6. Delivery of Goods

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Heavenly Star Music Sdn. Bbd. has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Heavenly Star Music Sdn. Bbd. shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Heavenly Star Music Sdn. Bbd., be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Heavenly Star Music Sdn. Bbd. fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Heavenly Star Music Sdn. Bbd. of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Heavenly Star Music Sdn. Bbd.’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Heavenly Star Music Sdn. Bbd. shall be entitled at any time to demand the Buyer to deliver up the Goods to Heavenly Star Music Sdn. Bbd. and in the event of non-compliance Heavenly Star Music Sdn. Bbd. reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Heavenly Star Music Sdn. Bbd., Heavenly Star Music Sdn. Bbd. may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

7. Return, Refund and Replacement of Goods

7.1 All Goods sold on the Platform are covered under the Heavenly Star Music Sdn. Bbd. 7 Days Easy Returns or 14 Days Easy Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with Heavenly Star Music Sdn. Bbd. or Seller through the Platform. The logo(s) of the Return Policy for each Goods can be found on the Goods’ product page.

7.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Heavenly Star Music Sdn. Bbd. or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to Heavenly Star Music Sdn. Bbd. or Seller within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Heavenly Star Music Sdn. Bbd. or Seller within 48 hours of receiving the delivery to expedite the claim process.

7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:

7.2.1 the Goods delivered to Buyer is defective and/or damaged on delivery;

7.2.2 the Goods, in particular fashion items, which does not fit (not applicable for fashion items from overseas Sellers);

7.2.3 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;

7.2.4 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;

7.2.5 Buyer has a change of mind with regard to the Goods; and

7.2.6 such other circumstances which may be prescribed by Heavenly Star Music Sdn. Bbd. on the Platform.

7.4 Notwithstanding Clause 7.3 above, milk formula products are returnable except for “change of mind” request. Buyer is to ensure that product is not opened, as otherwise it will not be accepted for return.

7.5 Notwithstanding Clause 7.3 above, return or cancellations of any perishable goods are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.

7.6 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by Heavenly Star Music Sdn. Bbd. on the Platform. Please see Help Center for further details.

7.7 Questions and complaints with regards to returns

7.7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact Heavenly Star Music Sdn. Bbd. using the “Contact Us” page on the Platform, as applicable.

7.7.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, Heavenly Star Music Sdn. Bbd. reserves the right to suggest and implement an appropriate resolution at its sole discretion.

8 Risk and property of the Goods

8.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Heavenly Star Music Sdn. Bbd. has tendered delivery of the Goods.

8.3 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Heavenly Star Music Sdn. Bbd. has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.

8.4 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Heavenly Star Music Sdn. Bbd.’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

8.5 The Buyer agrees with Heavenly Star Music Sdn. Bbd. that the Buyer shall immediately notify Heavenly Star Music Sdn. Bbd. of any matter from time to time affecting Heavenly Star Music Sdn. Bbd.’s title to the Goods and the Buyer shall provide Heavenly Star Music Sdn. Bbd. with any information relating to the Goods as Heavenly Star Music Sdn. Bbd. may require from time to time.

8.6 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), Heavenly Star Music Sdn. Bbd. shall be entitled at any time to demand the Buyer to deliver up the Goods to Heavenly Star Music Sdn. Bbd. and in the event of non-compliance Heavenly Star Music Sdn. Bbd. reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

8.7 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Heavenly Star Music Sdn. Bbd. but if the Buyer does so all moneys owing by the Buyer to Heavenly Star Music Sdn. Bbd. shall (without prejudice to any other right or remedy of Heavenly Star Music Sdn. Bbd.) forthwith become due and payable.

8.8 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

8.9 The Buyer shall indemnify Heavenly Star Music Sdn. Bbd. against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Heavenly Star Music Sdn. Bbd.’s rights under this condition.

9 Termination

9.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to Heavenly Star Music Sdn. Bbd. through our Contact Us page at https://www.Heavenly Star Music Sdn. Bbd..com.my/contact/. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.

9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or Heavenly Star Music Sdn. Bbd. acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:

9.2.1 the Goods under the Contract being unavailable for any reason; and/or

9.2.2 the Goods under the Contract has been mispriced on the Platform.

10 Warranties and Remedies

10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

10.2 Subject to this Clause 10 of these Conditions, Heavenly Star Music Sdn. Bbd. warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Heavenly Star Music Sdn. Bbd. further gives to the Buyer such implied warranties as cannot be excluded by law.

10.3 Heavenly Star Music Sdn. Bbd.’s above warranty concerning the Goods is given subject to the following conditions:

10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Heavenly Star Music Sdn. Bbd..

10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

10.3.3 Heavenly Star Music Sdn. Bbd. binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Heavenly Star Music Sdn. Bbd.’s opinion in that behalf. Heavenly Star Music Sdn. Bbd. is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. Heavenly Star Music Sdn. Bbd. does not give any warranty as to the quality state condition or fitness of the Goods.

10.3.4 Heavenly Star Music Sdn. Bbd. shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Heavenly Star Music Sdn. Bbd., addition and insertion of parts, in particular of spare parts which do not come from Heavenly Star Music Sdn. Bbd..

10.3.5 Heavenly Star Music Sdn. Bbd. shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Heavenly Star Music Sdn. Bbd.’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Heavenly Star Music Sdn. Bbd.’s approval.

10.3.6 Heavenly Star Music Sdn. Bbd. is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Heavenly Star Music Sdn. Bbd.’s prior written approval and the Buyer shall indemnify Heavenly Star Music Sdn. Bbd. against each loss liability and cost arising out of such claims.

10.3.7 Heavenly Star Music Sdn. Bbd. shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

10.3.8 Heavenly Star Music Sdn. Bbd. shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to Heavenly Star Music Sdn. Bbd. or Seller in exchange for a replacement or a refund in accordance with Heavenly Star Music Sdn. Bbd.’s Return Policy and Clause 7 of these Conditions above.

10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. Heavenly Star Music Sdn. Bbd. and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Heavenly Star Music Sdn. Bbd.’s or Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once Heavenly Star Music Sdn. Bbd. or Seller has accepted such request.

10.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, Heavenly Star Music Sdn. Bbd. may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.

10.7 When Heavenly Star Music Sdn. Bbd. or Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of Heavenly Star Music Sdn. Bbd. or Seller.

11 Liability

11.1 In no event shall Heavenly Star Music Sdn. Bbd. be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Heavenly Star Music Sdn. Bbd. had been advised by the Buyer of the possibility of incurring the same.

11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and Heavenly Star Music Sdn. Bbd.’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions .

11.3 Notwithstanding any other provision of these Conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.

11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

11.5 No action shall be brought against Heavenly Star Music Sdn. Bbd. later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

12 General

12.7 Neither Heavenly Star Music Sdn. Bbd. nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Heavenly Star Music Sdn. Bbd.’s or Seller’s reasonable control.

12.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Heavenly Star Music Sdn. Bbd., to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.

12.9 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

12.10 No waiver by Heavenly Star Music Sdn. Bbd. of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Heavenly Star Music Sdn. Bbd.’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

12.11 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

12.12 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.

12.13 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.9 below.

12.14 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Heavenly Star Music Sdn. Bbd.. Any such actions brought against Heavenly Star Music Sdn. Bbd. for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

12.15 Notwithstanding Clause 12.8 above, Heavenly Star Music Sdn. Bbd. shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

12.16 Heavenly Star Music Sdn. Bbd. may, through the Platform or by such other method of notification as Heavenly Star Music Sdn. Bbd. may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Heavenly Star Music Sdn. Bbd. specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.

12.17 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

12.18 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.

12.19 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

12.20 Heavenly Star Music Sdn. Bbd. reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Heavenly Star Music Sdn. Bbd. deems appropriate.

We strive to deliver your purchased products in the shortest time possible. All orders are in process as soon as the transaction is confirmed. All orders are dispatched and delivered by cold chain delivery service, Monday – Friday, excluding weekends and public holidays.

After you have successfully placed your order, our Customer Service team will conduct a verification process and update you as soon as possible by email. We will arrange for shipping the next day. The delivery duration would take roughly 2-5 days. 

After successful verification, you can check your order tracking number on our site under “My Account” after the next working day.

Exchange or refund policy ends 7 days from the date the customer receives the package. We only accept exchange or refund if the product is badly & defrose damaged or there is a defect. Pictures are required as proof, you can send us your picture via email at [email protected] or WhatsApp 011-23206800.

If delivery is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery of the product from the carrier, we (without affecting any other right or remedy available to us) would charge you for any fee and other costs reasonably incurred by us.

Currently, we can only send orders to street addresses in Malaysia. We do not deliver to a PO Box address, military and protected areas. Delivery charges for failed attempted delivery to such restricted areas will be borne by you. 

We are currently only able to deliver to one delivery address per order. If you’d like to deliver to multiple addresses, please place a separate order for each unique address. Each seller has their own delivery fee, and the seller may offer a delivery coupon to discount the delivery fee.

Refund & Return Policy

Refund

Sadly, there are times when we may not have the product(s) that you choose in stock, or may face some issues with our inventory and quality check. In such cases, we may have to cancel your order. You will be intimated about it in advance so that you don’t have to worry unnecessarily about your order. If you have purchased via Online Payment (not Cash on Delivery), then you will be refunded once our team confirms your request.

Shipping

Heavenly Star Music Sdn. Bhd. is not responsible for return shipping costs. Every shipping has to be paid by the customer, even if the item had free shipping in the first place, the customer has to pay for the shipping in return.

Please take note that the processing time of your refund will depend on the type of refund and the payment method you used. Learn everything that you need to know about our Refund Policy.

Refund types

Heavenly Star Music Sdn Bhd will process your refund according to the following refund types:

1. Refunds from cancelled orders –  refund is automatically triggered once cancellation is successfully processed.
   
   
2. Refunds from returns –  once your item is returned to the warehouse and QC is completed (successful), The refund is processed for the returned item. To learn how to return an item, read our Return Policy. 

1. Refunds from failed deliveries – Refund process starts when the item has reached the seller.  Please take note that this may take more time depending on the area of your shipping address.