Terms of Service

Overview

Welcome to OKUYAME - CHAYA. In these Terms of Service, the terms "we," "us," and "our" refer to OKUYAME CHAYA SDN. BHD., a company registered in Malaysia and operating under the brand name OKUYAME - CHAYA.

OKUYAME - CHAYA operates this online store and website, including all related information, content, features, tools, products, and services, to provide customers with a carefully selected shopping experience (collectively, the "Services").

Depending on our location and applicable arrangements, we use systems provided by Shopify Inc., Shopify Commerce Singapore Pte. Ltd., or Shopify International Limited to make the Services available to you.

These Terms of Service, together with the policies referenced herein, govern your rights and responsibilities when accessing or using the Services.

These Terms contain important information about your legal rights, including disclaimers of warranties and limitations of liability. Please read them carefully.

By accessing or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not access or use the Services.

Nothing in these Terms limits or excludes any rights you may have under applicable consumer protection laws or other statutory rights that cannot lawfully be waived.

1. Access and Accounts

By agreeing to these Terms, you represent that you have reached the legal age of majority in your state or place of residence and that you consent to the use of the Services by any minor dependents under your care on devices that you own, purchase, or manage.

When using the Services, including browsing our online store or purchasing products, you may be asked to provide certain information, such as your email address, billing details, payment information, and shipping information.

You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have the necessary rights to provide such information.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted through your account.

You may not transfer, sell, assign, or license your account to another person.

2. Our Products

We make reasonable efforts to display and describe our products and services accurately on our online store.

However, the actual appearance and colors of products may vary depending on the device, display settings, and configuration used to access our website.

To the extent permitted by applicable law, we do not guarantee that the appearance or quality of a product will meet every customer's individual expectations or exactly match its representation on our website.

We reserve the right, subject to applicable law, to update product descriptions without prior notice, discontinue products, or limit the quantities available to particular individuals, regions, or jurisdictions on a case-by-case basis.

3. Orders

By placing an order, you are making an offer to purchase products and authorizing us and our payment service providers to charge the total order amount to your selected payment method.

Subject to applicable law, OKUYAME - CHAYA reserves the right to accept or decline any order at its discretion.

An order is not considered accepted until OKUYAME - CHAYA confirms its acceptance. Payment may need to be received and processed before an order is accepted.

Once an order has been accepted, we may be unable to accommodate cancellation requests. Please review your order carefully before submitting it.

If we decline, modify, or cancel an order, we may attempt to notify you using the email address, billing address, or telephone number provided during checkout.

Returns and exchanges are subject to our Return & Refund Policy. Nothing in this provision limits your rights under applicable law.

In addition to individual customers, we may accept orders from restaurants, cafés, and other businesses.

Purchases intended for commercial use or resale may require prior consultation and confirmation of additional terms.

Orders are accepted for delivery only to destinations made available during checkout.

4. Prices and Billing

Prices, discounts, and promotions are subject to change without prior notice.

The price charged for a product or service will be the price in effect when the order is placed, as reflected in the order confirmation email.

Please review the product prices, applicable taxes, shipping charges, and other fees displayed before confirming your order.

International orders may be subject to additional import duties, customs clearance charges, or other related fees. These charges will be handled in accordance with our Shipping Policy.

Prices displayed on our online store may differ from those offered at physical retail locations or through other third-party sales platforms.

We may occasionally offer promotions governed by separate terms and conditions. If promotional terms conflict with these Terms of Service, the specific promotional terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions made through our store.

You also agree to promptly update your information, including your email address, credit card details, and expiration dates where applicable, so that we can complete transactions and contact you when necessary.

You represent and warrant that:

1. You are authorized to use the payment method you provide.

2. Your payment information is accurate, current, and complete.

3. Your payment service provider is authorized and able to process the relevant transaction.

4. You agree to pay the stated prices, including applicable shipping charges, handling fees, and taxes.

5. Shipping and Delivery

For information regarding shipping destinations, shipping charges, and available delivery methods, please refer to our Shipping Policy and the information displayed during checkout.

Dispatch and delivery times may vary depending on product availability, destination, carrier operations, customs procedures, and other relevant circumstances.

Any delivery timeframe provided is an estimate and does not constitute a guarantee of arrival on a specific date.

Weather conditions, natural disasters, customs procedures, carrier-related issues, and other circumstances beyond our reasonable control may cause shipping or delivery delays.

If your order is lost, damaged, delivered incorrectly, or significantly delayed, please contact us.

We will review the circumstances and provide an appropriate resolution in accordance with applicable law and our Return & Refund Policy.

6. Intellectual Property

The Services, including all trademarks, brand names, text, images, graphics, product reviews, videos, audio, and other related materials, are owned by OKUYAME - CHAYA, its affiliates, or their respective licensors, or are otherwise used with appropriate authorization.

These materials are protected by applicable trademark, copyright, and other intellectual property laws.

Product listings and related store content are managed by OKUYAME - CHAYA.

The purchase or delivery of a product does not grant or transfer any intellectual property rights relating to the product, its design, software, underlying technology, or other associated materials, including patents, copyrights, trademarks, or proprietary rights.

All such rights remain with OKUYAME - CHAYA or their respective lawful owners.

These Terms permit you to access and use the Services for personal, non-commercial purposes only.

Unless expressly permitted under these Terms or applicable law, you may not reproduce, distribute, modify, create derivative works from, publicly transmit, publicly display, republish, download, store, or otherwise transmit materials from the Services without our prior written consent.

Nothing in these Terms grants, or shall be interpreted as granting, any license or other right under the patents, trademarks, copyrights, or other intellectual property of OKUYAME - CHAYA, Shopify, or any third party, except as expressly stated.

Unauthorized use of the Services may violate applicable intellectual property laws.

All rights not expressly granted are reserved.

The OKUYAME - CHAYA name, logo, product and service names, designs, and slogans are trademarks or other protected identifiers of OKUYAME - CHAYA, its affiliates, or its licensors. They may not be used without prior written permission.

The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify.

Other names, logos, trademarks, and service marks appearing on the Services belong to their respective owners.

7. Optional Third-Party Tools

We may provide access to tools or features operated by third-party service providers as part of the Services.

Such tools may not be directly monitored, controlled, or managed by us.

You acknowledge that, to the extent permitted by applicable law, these tools may be provided on an "as is" and "as available" basis, without additional warranties, representations, conditions, or endorsements from us.

To the extent permitted by applicable law, we disclaim responsibility for issues arising from your use of optional third-party tools.

Before using such tools, you should review and understand the applicable terms and conditions of the relevant third-party providers.

We may introduce new features, tools, or resources through the Services in the future. These additions will also form part of the Services and will be subject to these Terms of Service.

8. Third-Party Links

The Services may contain links to websites, materials, or embedded features provided or operated by third parties.

We are not responsible for independently investigating or evaluating the content or accuracy of third-party websites and materials.

If you choose to leave our website and access third-party services, you should review their applicable terms of use, privacy policies, and transaction conditions.

To the extent permitted by applicable law, we are not responsible for losses or damages arising from your access to third-party websites or your purchase or use of products, services, resources, or content made available through them.

Please carefully review the relevant third party's policies and practices before entering into any transaction.

Complaints, claims, concerns, or questions relating to third-party products or services should be directed to the relevant third-party provider.

9. Relationship with Shopify

Our online store is operated using Shopify's systems, which enable us to provide the Services to customers.

When you use the Services, your device may communicate with Shopify's systems to support website operations and related features.

Section 10 explains how Shopify may collect and process information resulting from these interactions.

However, all purchases and sales made through our store are transactions directly between you and OKUYAME - CHAYA.

You acknowledge and agree that Shopify is not the seller in these transactions and is not responsible for any aspect of sales between you and OKUYAME - CHAYA, including injuries, damages, or losses arising from products or services purchased through our store.

To the extent permitted by applicable law, you expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with OKUYAME - CHAYA.

Nothing in this section excludes or limits any liability that cannot lawfully be excluded.

10. Privacy Policy

Our Privacy Policy explains how we collect, use, and disclose certain personal information obtained through your use of the Services.

By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect, use, process, and store personal information relating to your access to and use of the Services, including transaction-related information.

This information may be used for purposes including providing, maintaining, protecting, and improving the Services, processing transactions, and helping detect or prevent fraudulent orders on our website and other websites using Shopify.

Information collected when you access or use the Services, including automatically collected browsing information, may be transmitted to or shared with Shopify and other service providers.

These service providers may be located outside your country of residence.

For more information about how we, Shopify, and our partners handle personal information, please review our Privacy Policy and the Shopify Privacy Policy.

11. Feedback

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, concepts, plans, designs, or other content (collectively, "Feedback"), you grant us, to the extent permitted by applicable law, a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for lawful purposes, including commercial purposes.

For example, we may use Feedback to operate, provide, evaluate, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms.

You represent and warrant that:

1. You own the Feedback or have obtained all necessary rights and permissions to submit it.

2. You have disclosed any compensation or incentives received in connection with the Feedback.

3. Your Feedback complies with these Terms of Service.

Unless otherwise required by applicable law, we are under no obligation to keep Feedback confidential, provide compensation, or respond to individual submissions.

We reserve the right, but have no obligation, to monitor, edit, or remove Feedback that we consider unlawful, threatening, defamatory, obscene, offensive, infringing upon intellectual property rights, or otherwise in violation of these Terms.

You agree not to submit Feedback that infringes the copyrights, trademarks, privacy rights, personality rights, or other rights of any third party.

You also agree not to submit unlawful, abusive, obscene, defamatory, or otherwise inappropriate content, or any material containing viruses, malicious software, or other code that could interfere with the operation of the Services.

You must not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of your Feedback.

You are solely responsible for the Feedback you submit and its accuracy.

To the extent permitted by applicable law, we disclaim responsibility for Feedback posted by you or other third parties.

12. Errors, Inaccuracies, and Omissions

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or product availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update or modify information.

Where an order contains incorrect information, we may update the relevant details or cancel the order, including after the order has been submitted, subject to applicable law.

If we cancel an order after payment has been completed, we will provide any refund required under applicable law.

13. Prohibited Uses

13.1 Lawful Use

You may access and use the Services only for lawful purposes.

You must not directly or indirectly use the Services for any of the following:

(a) Any unlawful or malicious purpose.

(b) Violating applicable international, federal, state, or local laws, regulations, or ordinances.

(c) Infringing or violating our intellectual property rights or the rights of others.

(d) Harassing, abusing, insulting, harming, defaming, threatening, or otherwise mistreating our employees or any other person.

(e) Submitting false or misleading information.

(f) Sending, uploading, downloading, receiving, using, or reusing materials that do not comply with these Terms.

(g) Sending or arranging the transmission of unsolicited advertising, promotional materials, junk mail, chain letters, spam, or similar communications.

(h) Impersonating or attempting to impersonate another person or entity.

(i) Engaging in conduct that restricts or interferes with another person's use or enjoyment of the Services, or that may harm or expose OKUYAME - CHAYA, Shopify, or other users to liability.

13.2 Additional Restrictions

You further agree not to:

(a) Upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services.

(b) Reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any part of the Services without authorization.

(c) Collect or track the personal information of others without authorization.

(d) Use the Services for spamming, phishing, pharming, pretexting, or other fraudulent activities.

(e) Use robots, spiders, scraping tools, data collection or extraction tools, automated devices or processes, AI tools (including agentic AI), or other automated or manual methods to access, collect, or exploit content from the Services without authorization.

(f) Interfere with, circumvent, or bypass security features, authentication measures, robot exclusion headers, or other access controls adopted by us.

If we determine that you have violated these Terms, we reserve the right, to the extent permitted by applicable law, to suspend, restrict, or terminate your account or access to the Services at any time without prior notice.

14. Automated Agents

14.1 Definition

This section applies if you use, authorize, enable, or deploy an agent to access, use, or interact with any part of the Services.

An "Agent" means software or a service capable of autonomously or semi-autonomously performing actions on behalf of, or under the direction of, an individual or entity without continuous human supervision, including systems that operate on or through a user's device.

14.2 Agent Access Requirements

An Agent may not access, use, or interact with the Services unless it clearly identifies itself at all times and strictly complies with the requirements set out in Section 14.4.

If we request that an Agent refrain from accessing, using, or interacting with any part of the Services, the Agent must comply with that request.

14.3 Access Restrictions

We may implement technical or other measures to restrict whether and how Agents can access, use, or interact with the Services.

14.4 Agent Conduct Requirements

Agents must comply with the following requirements:

(a) Include Agent/[agent name] in the User-Agent string of every HTTP/HTTPS request to identify the request as originating from an Agent and disclose the Agent's name.

(b) Not conceal or obscure their identity as Agents by:

• Imitating human behavior or interaction patterns.

• Completing, bypassing, or circumventing CAPTCHA challenges or other measures intended to distinguish human users from automated systems.

(c) Respond truthfully to questions or prompts intended to determine whether an interaction originates from a human or a computer.

(d) Not bypass or otherwise circumvent measures intended to block, restrict, modify, or control Agent access to or interaction with the Services.

15. Termination

To the extent permitted by applicable law, we may terminate these Terms or suspend or terminate your access to all or part of the Services at our discretion and without prior notice.

You remain responsible for all amounts due up to and including the date of termination.

Following termination, provisions relating to intellectual property, Feedback, termination, warranty disclaimers, limitations of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy, and any other provisions that by their nature should survive termination will remain in effect.

16. Disclaimer of Warranties

Information made available on or through the Services is provided for general informational purposes.

To the extent permitted by applicable law, we do not guarantee that such information will always be accurate, complete, or suitable for your particular purposes.

You are responsible for determining whether to rely on such information.

To the extent permitted by applicable law, we disclaim liability for losses arising from reliance on this information by you or other visitors to the Services.

Except as expressly stated by OKUYAME - CHAYA or required by applicable law, the Services and products provided through the Services are made available on an "as is" and "as available" basis.

To the maximum extent permitted by applicable law, we disclaim all express or implied warranties, representations, and conditions, including those relating to merchantability, satisfactory or merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not permit the exclusion or limitation of certain statutory or implied warranties. Accordingly, some of the above exclusions or limitations may not apply to you.

17. Limitation of Liability

To the maximum extent permitted by applicable law, OKUYAME - CHAYA, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify's affiliates shall not be liable for losses or damages for which liability may lawfully be excluded arising from or relating to:

• Your use of the Services or products purchased through the Services.

• Errors or omissions in content made available through the Services.

• Content or products published, transmitted, or otherwise made available through the Services.

• Other claims connected with the use of the Services or products.

These limitations apply regardless of whether a claim is based on contract, tort (including negligence), strict liability, or any other legal theory.

To the extent permitted by applicable law, they include direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or other similar losses, even if the relevant parties have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including non-waivable statutory consumer rights.

18. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless OKUYAME - CHAYA, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against losses, damages, liabilities, or claims, including reasonable legal fees, arising from or related to:

1. Your breach of these Terms or any documents incorporated by reference.

2. Your violation of applicable law or the rights of a third party.

3. Claims or liabilities resulting from your access to or use of the Services.

We will notify you of any claim subject to indemnification. A failure to provide prompt notice will not automatically relieve you of your obligations unless the delay materially prejudices you.

We may manage the defense and settlement of such claims, including the selection of legal counsel, at your reasonable expense.

However, we will not agree to a settlement imposing non-monetary obligations on you without your consent, which must not be unreasonably withheld.

You agree to provide relevant documents and reasonable cooperation in the defense of such claims.

19. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall remain enforceable to the maximum extent permitted by applicable law.

Any unenforceable portion shall be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions.

Nothing in these Terms limits rights granted under applicable consumer protection legislation or other laws that cannot be waived by contract.

If any provision conflicts with such rights, the applicable legal requirements shall prevail.

20. Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted on our website or relating to the Services, constitute the entire agreement and understanding between you and us regarding your use of the Services.

They supersede any prior or contemporaneous oral or written agreements, communications, proposals, or previous versions of these Terms relating to the Services.

Any ambiguity in the interpretation of these Terms shall not be construed against a party solely because that party drafted them.

21. Assignment

You may not delegate, transfer, or assign any rights or obligations under these Terms without our prior written consent. Any attempted assignment without such consent shall be invalid.

To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations without obtaining your consent or providing prior notice.

22. Governing Law

These Terms of Service are governed by and shall be interpreted in accordance with the laws of Malaysia.

If a dispute arises in connection with the Services, the parties shall first attempt to resolve it through good-faith discussions.

If the dispute cannot be resolved through discussion, it shall be handled in accordance with applicable law.

Nothing in this section limits any rights customers may have under applicable consumer protection laws or other mandatory legal provisions.

23. Translations

These Terms of Service may be made available in Japanese, English, Chinese, or other languages.

We make reasonable efforts to maintain consistency across all language versions. If any differences in interpretation arise due to translation, please contact us.

Nothing in this section limits your rights under applicable law.

24. Headings

The headings used in these Terms are included for convenience only and shall not limit or otherwise affect the meaning, scope, or interpretation of any provision.

25. Electronic Communications

By using the Services or placing an order, you agree that we may send transaction-related and service-related communications electronically, including by email, account notifications, or notices posted on our website.

Such communications may concern your orders, account, purchases, returns, these Terms of Service, or other matters relating to the Services.

You are responsible for ensuring that your contact information remains accurate and up to date.

26. Changes to These Terms

You may review the most current version of these Terms of Service on this page at any time.

We reserve the right, to the extent permitted by applicable law, to update, modify, or replace any part of these Terms by posting the revised terms on our website.

You are responsible for checking our website periodically for changes.

We will notify customers of material changes where required by applicable law and specify the effective date of those changes.

Your continued access to or use of the Services after revised Terms have been published and become effective constitutes your acceptance of the updated Terms, except where otherwise provided by applicable law.

27. Contact Information

If you have any questions about these Terms of Service, please contact us using the information below.

Operating Company: OKUYAME CHAYA SDN. BHD.

Store Name: OKUYAME - CHAYA

Company Registration Number (SSM): 201601013886(1184817-P)

Business Address: 1, JALAN MUTIARA EMAS 3/2, TAMAN MOUNT AUSTIN 81100 JB

Email: okuyamechaya@gmail.com

Telephone: +60 12-209 7655

Website: https://okuyame-chaya.com