Index

Disclaimer

General Terms and Conditions for use of this  www.fandfmalaysia.com website
The following Terms and Conditions and Privacy Policy are based on use of the www.fandfmalaysia.com ("F&F Site") and the relationship between you and the company, Tesco Stores (Malaysia) Sdn Bhd ("Tesco"). Please carefully read the Terms and Conditions, because they concern the rights and obligations arising by law. If you do not agree to these Terms and Conditions and/or our Privacy Policy, please do not use or register for the F&F Site. Please be advised that although registration is not required to access the basic functions of the F&F Site, registration is required for the use of any services provided on the F&F Site, for example, subscription to the newsletter.

  1. Use of the F&F Site
  2. Amendments
  3. Registration
  4. Standard eCoupon Term & Conditions
  5. Refund on promotional  offers
  6. Excluded Services
  7. Intellectual Property
  8. Limitations
  9. Availability of the F&F Site
  10. Tesco’s right to suspend or cancel your registration
  11. Tesco ‘s liability
  12. Third Party Websites
  13. Advertising and Sponsorship
  14. Applicable law
  15. International Use
  16. Use of Community Sites
  17. Miscellaneous

1. Use of the F&F Site
The F&F Site is provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy Policy. By using the F&F Site you agree to be bound by these Terms and Conditions and Privacy Policy.

The F&F Site shall bear the information, materials, pictures, collection of F&F branded clothing, in particular data about the current F&F brand collections, information on current promotions and special offers, addresses of shops where you can buy these products, with information from the press, and video materials other collections regarding F&F. You can get acquainted with the materials placed on the F&F Site.


2. Amendments

Tesco reserves the right to amend the Terms and Conditions without notice at any time. Your subsequent use of F&F Site following such changes constitutes your agreement to be bound by the new Terms and Conditions.


3. Registration

You may be required to register with the F&F Site to subscribe to newsletters or when participating in any offers or promotions.

To register with F&F Site, you must be over eighteen (18) years of age.

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your Clubcard personal details by visiting the customer service counter at the nearest Tesco store.


4. Standard E-Coupon Terms and Conditions

eCoupon may be issued online at the F&F Site. You are subject to these general Terms and Conditions, and any specific conditions notified to you on the issue of an e-coupon.

Your use of an e-Coupon indicates your agreement to be bound by the eCoupon’s terms and conditions.

Tesco reserves the right to withdraw or cancel eCoupon for any reason at any time.

Tesco shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any eCoupon or any failure or inability of a customer or household to use an eCoupon for any reason.

 

5. Refund on Promotional Offers
Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.

 

6. Excluded Services

The services provided by the F&F Site do not include the provision of computer or other necessary equipment to access the F&F Site. To use the F&F Site you will require Internet connectivity and appropriate telecommunication links. Tesco shall not be liable for any telephone or other costs that you may incur.

 

 7. Intellectual Property

The content of the F&F Site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the F&F Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the F&F Site without written permission from Tesco.

No licence is granted to you in these Terms and Conditions to use any trade mark of Tesco, including, without limitation, the trade marks TESCO, TESCO CLUBCARD and F&F.


8. Limitations

You may not use the F&F Site for any of the following purposes: 

  • disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
  • transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  • gaining unauthorised access to other computer systems;
  • interfering with any other person's use or enjoyment of the F&F Site;
  • breaching any laws concerning the use of public telecommunications networks;
  • making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Tesco reserves the right to refuse to post material on the F&F Site or to remove material already posted on the F&F Site.

You will indemnify Tesco against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

  • any claim by any third party that the use of the F&F Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
  • any claim by any third party that the use of the F&F Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
  • any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the F&F Site by you.


9.  Availability of the F&F Site

Although Tesco aims to offer you the best service possible, Tesco makes no promise that the services at the F&F Site will meet your requirements. Tesco cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at feedback@my.tesco.com and we will attempt to correct the fault as soon as we reasonably can.

Your access to the F&F Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Tesco will attempt to restore the service as soon as it reasonably can.

 

10. Tesco’s right to suspend or cancel your registration

Tesco may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the services under the F&F Site.

The suspension or cancellation of your registration and your right to use the services on F&F Site shall not affect either party’s rights or liabilities.

Paragraphs 7, 8 and 11 of these Terms and Conditions shall survive cancellation.

11. Tesco’s liability

The F&F Site is provided by Tesco without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability of fitness for a particular purpose. You must bear the risks associated with the use of the Internet.

The F&F Site provides content from other Internet sites or resources and while Tesco tries to ensure that material included on the F&F Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Tesco will not be responsible for any errors or omissions or for the results obtained from the use of information or for any technical problems you may experience with the F&F Site. If Tesco is informed of any inaccuracies in the information or material on the F&F Site, Tesco will attempt to correct the inaccuracies as soon as it reasonably can.

In particular, Tesco disclaims all liabilities in connection with the following:

  • incompatibility of the F&F Site with any of your equipment, software or telecommunications links; 
  •  technical problems including errors or interruptions of the F&F Site;
  • unsuitability, unreliability or inaccuracy of the F&F Site;
  • inadequacy of the F&F Site to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the F&F Site.


12. Third party websites

As a convenience to Tesco customers, the F&F Site includes links to other web sites or material which are beyond its control. Tesco is not responsible for content on the Internet or World Wide Web pages on the Tesco Malaysia site, or any other site outside the F&F Site.


13. Advertising Materials and Sponsors

Part of the F&F Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the F&F Site complies with relevant laws and regulations. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.


14. Applicable law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be decided exclusively only by the Courts of Malaysia.


15. International Use

Tesco makes no promise that materials on the F&F Site are appropriate or available for use in locations outside Malaysia, and accessing the F&F Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws.

 

16. Use of Community Sites

Tesco may offer users the opportunity to submit comments, suggestions, ideas, or other user-generated content from time to time and/or allow users to interact which each other via message boards and other user forums via community sites on the F&F Site (“Community Sites”). We advise you not to post or in any way reveal any of your personal details on the Community Sites (for example, your address and telephone number).

You may not use the Community Sites for any of the following purposes;

  • disseminating any unlawful, harassing, libellous, defamatory, racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
  • transmitting material that encourages conduct that constitutes a criminal offence, results in civil iability or otherwise breaches any relevant laws, regulations or code of practice;
  • transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or "spam";
  • gaining unauthorised access to other computer systems;
  • interfering with any other person's use or enjoyment of the Community Sites;
  • making or transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
  • impersonating another person;
  • referring to specific website addresses outside of Tesco.com; or
  • advertising

Tesco does not control the content placed on the Community Sites. However, Tesco reserves the right to refuse to post material, to remove material posted on the Community Sites and to contact you in the event that there are concerns about the content you have added to a Community Site. Tesco may review or edit the content of the Community Sites. Therefore, if you have concerns about any of the content of the Community Sites you should contact us by selecting the “report as inappropriate” button. The relevant content may be removed from the Community Sites. If we believe that any material placed on the Community Sites by you is unlawful, we may contact the relevant authority.

Tesco makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties. You are solely responsible for the content of your messages posted on the message boards and the views expressed by individuals do not represent the views of Tesco.

You will be responsible for:

  • any claim by any third party that the use of the Community Sites by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
  • any claim by any third party that the use of the Community Sites by you infringes that third party's copyright or other intellectual property rights of whatever nature;
  • any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Community Sites by you.

By submitting material you are granting Tesco a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form.

You will be responsible for our losses and costs resulting from your breach of these Community Sites terms and conditions.

12. Miscellaneous

 

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Tesco Malaysia ignores this, Tesco will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Tesco shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

 
If you have any queries, please contact us at contact@fandfmalaysia.com