Terms & Conditions

Introduction

Welcome to AtomandtheDot.com. This Atom & the Dot website is fully owned and operated by Makers Inq Sdn Bhd, 1216637-T (“We”, “Us”).

These Terms & Conditions govern the contents and use of the website www.atomandthedot.com (the “Site) and set out the terms and conditions on which we supply the products available on the Site (the “Product”).

Please read these Terms & Conditions carefully before using the Site. By using the Site you signify that you have read, understand and agree to be bound by these Terms & Conditions. We reserve the right to modify these Terms and Conditions at any time. Changes will be effective when posted on the Site. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site constitutes your acceptance of those changes.

If you have any questions, please refer to the FAQ section of the Site or email us at hello@atomandthedot.com with your queries.

Definitions

“Buyer” means the person named on the Order;

“Content” includes but is not limited to text, photographs, trademarks, artwork, computer code, visual interfaces, graphics, user interfaces and logos, including but not limited to the design, selection, expression, “look and feel”, structure and arrangement of the Content on the Site and in the Product;

“Contract” means the Order and Order Confirmation;

“Faulty” means containing a fault or defect; imperfect or defective;

“Order” means your order for a Product from the Site;

“Price” means the price together with postage and packing costs in force at the time of the Order, subject to any promotional offer or discount then applicable;

“Product” means any goods, product or service offered for sale on the Site;

“Site” means the websites and social media networking websites, sites, applications and/ or accounts under the Atom and the Dot brand. This includes but is not limited to the Atom & the Dot website and Atom & the Dot pages and posts hosted on third party social media sites;

“Terms and Conditions” means the standard terms and conditions of business set out in this document.

Accessing & Using the Site

We grant you a non-transferable and revocable license to use the Site, under the Terms & Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you. Any breach of these Terms & Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Upon placing your order, you acknowledge that we may review your order, and the content it contains, for adherence to our guidelines and compliance with these Terms & Conditions and that We may refuse to process an order where we believe that the content is in breach of these Terms & Conditions and our guidelines.

Property Rights & Rights of Use

All intellectual property rights (meaning patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the Site and the Product and all content and materials contained in the Site and the Product (“Site and Product Content”) are owned by and shall remain owned by Us or Our licensors. Site and Product Content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form of by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site and Product Content.

Product, Order & Payment

Certain Product Disclaimers

The Product is designed to maximise quality play time between parent and child. While we endeavour to ensure all product contents are suitable for children ages 5 to 8 years, the activities are designed for play with adult supervision. Adults shall be responsible to take necessary precautions to supervise children when handling Product contents.

WARNING: IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE AS STATED BELOW.

ADULT SUPERVISION – You agree to supervise your children when handling contents of any product, ESPECIALLY WHERE ADULT SUPERVISION IS INDICATED AS HIGH. You acknowledge that the products are not designed, manufactured or intended for use by, and may contain items and other ingredients not safe for, children without adult supervision.

CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. You acknowledge that the products are not designed, manufactured or intended for use by, and may contain small parts or other ingredients not safe for, children under the age of three (3).

ALLERGIES – You agree to ensure that the contents of any product will not cause allergic reactions to users. We cannot and do not guarantee that children or other people shall be free from allergic reaction to any product contents, and you shall be solely responsible for monitoring for and protecting your children or others against any such reaction. WE SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES, AND OTHER TYPES OF DAMAGES IN ANY EVENT IN CONNECTION WITH THE FORGOING EVEN IF ADVISED BEFOREHAND OF SUCH ANY ALLERGIES THAT A CHILD OR OTHER PERSON MAY HAVE.

Product & Pricing

All products listed on the Site, their descriptions, and their prices are each subject to change. We reserve the right to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that We will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product.

In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged/ bank account debited. If your credit card/ bank account has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card/ bank account in the amount of the charge.

Order & Specifications

All Products are offered for sale subject to availability and subject to Our acceptance of your order. We reserve the right to reject any Order (in whole or in part) without the obligation to assign any reason for so doing. We may require additional verifications or information before accepting any order. No Order shall be deemed accepted by Us until we have sent you shipping information for the order (or the accepted portion thereof).

The Order Confirmation will contain details of your Order, the Price and an estimate of the delivery time for the Order. It is your responsibility to contact Us and notify Us of any error or mistake with the Order as soon as reasonably practicable. Failure to do so may lead to the incorrect Order being sent out to you. Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time.

Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card/ bank account in the amount charged for the cancelled portion (if your credit card/ bank account has already been charged for the order) or (b) we will not charge your credit card/ bank account for the cancelled portion of the order.

We endeavour to display and describe as accurately as possible the printed colours on the Products which appear on Our Site, but We cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone.

Payment

Payment must be made in Ringgit Malaysia through our payment gateway providers at the time of placing your Order which is accepted by Us. Payment in full will be taken at this time and the Contract will be in force. You will be required to submit your payment details to the relevant third party payment gateway provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.

You undertake that all of the details which you provide to Us for the purposes of your Order and its delivery will be correct and that the chosen method of payment is Your property and that sufficient funds or credit facilities are available to cover the full cost of the Order.

Delivery & Acceptance Policy

Shipping Policy

Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by us are estimates. We reserve the right to make deliveries in instalments.

Once your order is dispatched, we will send you an email with the shipping details. Please review your order and shipping information. Currently, we ship to the Malaysia only.

Products will be shipped on or about the first Tuesday of every month to the delivery address you provided when placing your order. We reserve the right to charge an additional handling and shipping fee if you request that any Products be re-shipped, whether because you originally submitted an incorrect address when you placed your order with the Company or otherwise. Accordingly, please be sure and review the shipping information to ensure it is accurate.

Acceptance Policy

When you receive the Product you must inspect them for any defects or non-conformity before signing good condition. If you sign good condition, you are accepting the goods are in an acceptable condition. Any packages not signed for but accepted are considered signed in good condition.

If you can see any sign of damage to the parcel/s please sign as damaged otherwise we cannot refund or replace the item, beyond your statutory rights.

You must be available to accept delivery on the delivery date or pick it up from the courier company within stipulated time. We reserve the right to charge an additional handling and shipping fee for re-delivery if the parcel is returned back to us. If delivery is refused or returned due to a faulty address, you will be charged a return fee.

If you wrongfully fail to take delivery of the Order then we shall be under no obligation to refund the price.

Risk & Property

Risk or damage or loss of Your Order will pass to You upon delivery to the agreed address. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from Us to You until We have received full payment of the Price and all other sums which are due, owing or payable by the You to Us in respect of the Order or any other Order between You and Us.

Returns & Refunds Policy

Your purchase is final and non-refundable, with the exception of Damaged Products (as outlined below).

Given the personalised and customised nature of our Product, we are unable to accept any Product exchanges.

Damaged Products

If the Product arrives damaged or not substantially as described in the Product Content, please email us at hello@atomandthedot.com within 7 days after you received the Product (i.e. post stamp date on return parcel). We will provide you a replacement at no extra cost.

Return Procedures

Please email hello@atomandthedot.com if you’d like to return the Product. We will advise on eligibility for refund and instructions for returning the Product (if eligible).

All returned Products must be unused and made within 7 days after you received the Product (i.e. post stamp date on return parcel).

Where Customers are eligible for a refund, we will issue you store credit in the amount charged for the applicable Product. The store credit may be used for future purchase of Products on the site, excluding gift cards and Delivery Fees. The store credit is non transferable.

All Products not returned in accordance with the Return Procedures are not eligible for credit or refund.

Cancellation Policy

1 month subscriptions

1 month subscriptions are not eligible for cancellation.

3, 6 or 12 month subscriptions

You can cancel 3, 6 or 12 month subscriptions up to 14 days before the next delivery is scheduled. You will need to email us your cancellation instruction (hello@atomandthedot.com). If eligible, we will advise on the refund amount. For an indicative refund amount, please refer to our FAQ – Cancellation section.

Your refund will be credited to your specified bank account within 30 days. For refunds to international bank accounts, any Telegraphic Transfer charges incurred will be deducted from the refund amount.

Gift subscriptions

Gift subscriptions are not eligible for cancellation. These subscriptions will expire after the original term is completed.

Promotions

Please read the official rules that accompany each special offer, coupon, discount and contests that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers.  Limit one promotion per order.

Disclaimer & Limitations of Liability

While we endeavour to ensure that the information contained on the Site (“Site Content) is correct and error-free, we do not warrant the accuracy and completeness of the Site Content. We may make changes to the Site Content, or to any products, prices or fees described in it, at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.

We will exercise all reasonable skill and care in providing the Site. Some Site Content may be provided by third parties and we do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site Content.

Therefore, except as expressly provided in these Terms & Conditions, the Site and all Site Content provided through it are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or Site Content or that your use of the Site or Site Content will not infringe the rights of any third party).

We do not warrant that the Site, any Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations that the Site and the Site Content will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

Liability

We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).

Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased during the calendar year (excluding taxes and delivery costs). All claims arising from the use of the Site and/or related services must be by way of notice in writing to us of such claim, specifying in reasonably sufficient detail the nature of the claim and so far as is practicable the amount claimed in respect thereof, and shall be served within one (1) year from the date of the event/omission giving rise to the claim. Failing which you are deemed to irrevocably waive any such entitlement, right and pursuit of any such claim.

You expressly agree that your use of the Product, use of and browsing of the Site and the use of Site Content are at your own risk.

Subject to the above, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) these Terms & Conditions (iii) the Products (iv) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; (v) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.

Indemnity

You agree to indemnify, keep indemnified, defend and hold Us and Our parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the Site, the Site Content or the services provided through the Site, your conduct in connection with the Site or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party via the Site or on a third party site, or any violation of these General Terms of Use or of any law or the rights of any third party.

Force Majeure

Where applicable, We shall not be liable or be deemed to be in breach of these Terms & Conditions by reason of any delay in performing or any failure to perform any obligations if the delay or failure was due to any cause beyond the party’s reasonable control, including the following:

    • act of God, explosion, flood, tempest, fire or accident;
    • war or threat of war, sabotage, insurrection, civil disturbance or requisition;
    • acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
    • import or export regulations or embargoes;
    • interruption of traffic, strike, lock-outs or other industrial actions or trade disputes (whether involving employees of either party or of a third party);
    • power failure or breakdown in machinery;

Upon the happening of any one of these events, We may at its discretion fully or partially suspend delivery/ performance while such event or circumstances continues or terminate any order request so affected with immediate effect by written notice to you, and We shall not be liable for any loss or damage suffered by you as a result thereof.

Termination

We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.

We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.

Privacy Policy

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. This policy forms an essential part of these Terms & Conditions and it is important that you read it. By accepting these Terms & Conditions you also accept and consent to our Privacy Policy.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of Malaysia without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Malaysia.