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General Terms & Condition

  • Updated >>
  • December, 2022

INTRODUCTION

  1. In these general terms and conditions (“Terms”) as well as on the “Beam Application” or “we” refers to LLEAPP Sdn. Bhd is a company incorporated and registered in Malaysia that manages and operates the Beam Application. The registered address of Beam is located at No.20, Lorong Kurau 29, Taman Chai Leng, 13700, Perai, Pulau Pinang and our email address is info@letsbeam.it. LLEAPP Sdn. Bhd. is registered in the Companies Commission of Malaysia under Registration Number 201701039136 (1253307-V). Please read this agreement carefully before using this Beam Application. By using this Beam application, you signify your assent to this Terms of Use agreement. If you do not agree to the terms and conditions contained in this Terms of Use agreement, you may not access or otherwise use this application.

    2. PRIVACY STATEMENT

  2. Our Privacy Statement is set out on the “Beam Application” and shall apply to you and your use of the “Beam Application” and the Service.

    3. AMENDMENTS TO TERMS AND CONDITIONS

  3. We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Beam Application. Your continued use of the Beam Application and the Service following such notification will represent an agreement by You to be bound by the terms and conditions as amended.

    4. ACCOUNT

  4. To purchase Products on the Beam Application, You must create an account and complete all information required by us. For each account, you must provide your mobile number or a valid social media login information, and a valid email address to contact you. You are responsible for any and all activities by you or any other person using your login details. You may change Your logout at any time by following instructions on the Beam Application. It is a condition of the creation of an account and use of the Service that:

    • You are residing in Malaysia

    • You are capable of forming a legally binding contract

    • You hold a valid email address and a mobile number

    • You are a corporate body registered in Malaysia, a partnership under the laws of Malaysia, Malaysian government authority or agency, an association (incorporated or unincorporated) under the laws of Malaysia or an individual who is at least 18 years old

    • You are not acting in the capacity as a trustee of any other person.

    5. PRODUCTS

  5. We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Beam Application. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that the items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

    6. ORDERS

  6. Any order for Products made through the Beam Application is an request by you to purchase those Products for the price of those Products (together with all applicable Delivery Fees and Taxes) at the time you place the order. You must provide Us with any additional details and/or confirm Your details if requested by Us in connection with any orders. You must provide Us with complete and accurate details when making an order through the Beam Application. It is Your responsibility to comply with all Applicable Laws (including any minimum age requirements) in ordering Products on the Beam Application. We may reject your order at our absolute discretion (including, without limitation, where any Product in the order is not available if there is an error or omission in the price or description of the Product on the Beam Application or payment in respect of the order is unable to be processed). If we reject Your Order, We will endeavour to notify you within a reasonable time. We will send You an email confirmation of each order accepted by Us. We may cancel the whole or any part of an order (including any orders that We have accepted) at any time without any liability to You if:
    • any Product in the order is not available

    • there is an error or omission in the price or description of any Product in the order on the Beam Application

    • We reasonably believe You are in breach of any term or condition of this Agreement; or

    • payment in respect of the order is unable to be processed. If we cancel any orders, we will endeavour to provide you with reasonable notice. We will not charge you for that part of an order cancelled by us.

    7. DELIVERY OF PRODUCTS

  7. We only deliver Products and Services on the Beam Application within the districts of our service providers in Malaysia. You agree to comply with all delivery requirements (including, without limitation, any delivery location restrictions) as set out by Us on the Beam Application. For some Products, We may contact you to make arrangements for delivery. We will only deliver Your order if someone is at the delivery address to accept the order. We may require the person accepting the delivery of Your order to provide us with proof of identity and/or the credit card used to pay for the order (if applicable). If no one accepts the delivery of your order at the delivery address, we will endeavour to contact you, or you may contact us, to arrange for delivery at a different time. We may charge you an additional Delivery Fee for the re-delivery of your order. You acknowledge and agree that any person at the delivery address who receives the Products is authorized by you to receive your order.

    8. RETURNS

  8. All returns of Products ordered on the Beam Application are subject to Our Returns Policy on Beam Application.

    9. FEES AND CHARGES

  9. We will charge you, and you agree to pay, the price of each Product ordered on the Beam Application together with all Delivery Fees and Taxes and any other fees and charges set out in these terms and conditions. Prices for Products are subject to change from time to time. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order. Prices for Products may not be the same as the prices in any of our stores for the same Products and we are not obliged to match any prices in our stores or those of any third party.

    10. PAYMENT

  10. All payments are made by a secure server, which will encrypt each transaction as a security precaution, and all payments must be made in Malaysia Ringgit only. You may pay for an accepted order using Your

    • Visa;

    • MasterCard; displaying a Visa or MasterCard logo;

    • PayPal;

    • Online Banking: With online banking, you can directly transfer the purchase price to Beam from your bank account. If We are unable to successfully process payment for Your order, then We may reject or cancel Your order. If you choose to pay by credit/debit card, you authorize us to debit the amount that is payable for an accepted order from your nominated credit/debit card.

  11. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

    12. SERVICE

  12. We do not represent or warrant that Our Beam Application or the Service will be uninterrupted or error-free or defect-free. We do not represent or warrant to You that any electronic files available through the Beam Application or the Service will be free of Harmful Code.

    13. SECURITY

  13. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorized access to, or alteration of, your transmissions of data or of information contained on your computer system or on the Beam Application. To the maximum extent permitted by law, we accept no liability for any Loss which you may suffer or incur as a result of such activity.

    14. CHANGE OF SERVICE

  14. We reserve the right to make any changes to the Service considered by us necessary or desirable. We will use all reasonable endeavours to give prior notice of such changes on the Beam Application but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Beam Application).

    15. LAWFUL USE

  15. We reserve the right to make any changes to the Service considered by us necessary or desirable. We will use all reasonable endeavours to give prior notice of such changes on the Beam Application but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Beam Application).

    16. MISUSE OF INFORMATION

  16. You must not misuse, in any way, the Beam Application or any Materials posted on the Beam Application (including, without limitation, modifying, copying, reproducing, republishing, uploading, posting, transmitting, or, distributing in any way the whole or any part of any Materials except as expressly permitted by these terms and conditions or as is reasonably contemplated by, the normal use of the Service). You must not interfere with or disrupt (or attempt to interfere with or disrupt) any servers or networks connected to the Beam Application.

    17. INFORMATION ON THE BEAM APPLICATION

  17. We do not warrant or represent the accuracy, completeness, or suitability of your intended use of any information on the Beam Application. You are responsible for the use of any information obtained from the Beam Application. You should make your own enquiries to check if the information on the Beam Application is accurate, complete, and suitable for your intended use. All information on the Materials is of a general nature only and is not intended to constitute professional advice. The Beam Application may contain information that includes the views or recommendations of others that are not necessarily Our views. The Beam Application may contains links and pointers to services maintained by third parties. These links to third party services are provided for your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked Beam Application or any link contained in a linked Beam Application. We do not endorse any information on those linked Beam Applications or any associated organization, product, or service.

    18. DISCLAIMER

  18. To the maximum extent permitted by law, We shall not be liable for any Loss (including loss of profits or indirect, consequential, incidental, special, exemplary, or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by You arising from or in connection with:

    • Your access to, or use of, the Service, the Beam Application, any Materials, or any linked Beam Application;

    • any decision or action taken by You in reliance on any Materials;

    • any error or defect in the Beam Application or the Service; or

    • any order for Products. The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded.

    19. STATUTORY WARRANTIES

  19. To the fullest extent permitted by law, Our liability under any guarantee, condition, or warranty (including, without limitation, any guarantee, condition, or warranty of merchantability, acceptable quality, fitness for purpose, or fitness for disclosed result), or any other right or remedy, under any legislation or implied into this Agreement by any legislation (Statutory Warranties) is hereby excluded. Where We are liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, Our liability for any breach of such Statutory Warranties shall be limited, at Our option, to one or more of the following:

    • if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and

    • if the breach relates to services: the supplying of the services again or the cost of having the services supplied again. You acknowledge and agree that reliance by us on this limitation of liability is fair and reasonable in all circumstances.

    20. FORCE MAJEURE

  20. We accept no liability for any delay or failure to perform our obligations under this Agreement if such a delay or failure is due to circumstances beyond our reasonable control.

    21. INDEMNITY

  21. You agree to indemnify, and keep indemnified, Beam, LLEAPP SDN BHD, its officers, employees, Merchants, Printing Service Providers, Logistic Providers, Designers and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with:

    • any breach of any obligation or warranty under this Agreement by You;

    • any wilful misconduct by You; or

    • any negligent act or omission by You.

    22. COPYRIGHT

  22. All copyright in the Materials (including, without limitation, text, graphics, logos, icons, sound recordings, and software) are owned by Beam, LLEAPP SDN BHD and its licensors. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorized, and subject to the conditions prescribed under, the Copyright Act or except as expressly permitted by these terms and conditions or as is reasonably contemplated by, the normal use of the Service, You may not, in any form or by any means:

    • copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or

    • commercialize the whole or any part of the Materials, without Our express wrote permission or, in the case of third party material, from the owner of the copyright in that material.

    23. TRADE MARKS

  23. Trademarks used on the Beam Application are trademarks or registered trademarks of Beam and LLEAP Sdn. Bhd., a limited liability company in Malaysia, used under license by us. If you use any of our trademarks in reference to us, the Beam Application, or the Service, You must include a statement attributing that trademark to us. You must not use any of Our trademarks:

    • in or as the whole or part of Your own trademarks;

    • in connection with any business, products, or services that are not Ours;

    • in a manner which may be confusing, misleading or deceptive to any person; or

    • in a manner that disparages Us, the Materials, or the Beam Application.

    24. PUBLIC STATEMENTS

  24. You must not release to the public any news release, advertising material, promotional material, or any other form of publicity relating to us without our prior written permission.

    25. TERMINATION

  25. We may terminate this Agreement, any account created by you on the Beam Application, and Your access to the Beam Application if you breach any provision of these terms and conditions. We may, at our discretion, terminate this Agreement, any account created by you on the Beam Application, and Your access to all or part of the Beam Application without the need to provide reasons. Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.

    26. GENERAL PROVISIONS

  26. If we waive, in whole or part, any rights available to us under this Agreement on one occasion; this does not mean that those rights will automatically be waived on any other occasion. If any provision of this Agreement is held to be invalid, unenforceable, or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from this Agreement, in which case, the remainder of this Agreement shall nevertheless continue in full force. The laws governing this Agreement will be the laws in Malaysia.

    27. CONTENT POLICY

  27. We built our Beam Application to provide the simplest and best Postal Marketplace bundled with wholesome Gifting experience with reasonable price and a quick delivery scheme. In order to keep providing this great service, we have a few rules for what kind of content we accept to print and deliver your order.

  28. In the simplest words possible: you need to have the rights to reproduce every single image or document you upload to our Beam Application (or otherwise share with us for the purpose of printing) in order for us to be able to print it.

  29. By uploading an image or document to our Beam Application (or otherwise sharing it with us for the purpose of printing), you certify that:

    • You have all of the necessary rights required to use the image or document without infringing upon or violating the rights of any third party. These rights include but are not limited to trademarks, copyrights, patents, rights of privacy, rights of publicity, and moral rights.

    • The image or document is not unlawful in any way and does not violate any applicable rule, regulation, or another person’s privacy.

    • The image or document is not obscene, hateful, libellous, threatening, or slanderous.

  30. By uploading an image or document to our Beam Application (or otherwise sharing it with us for the purpose of printing), you further agree that:

    • You will indemnify and release Beam from all liability (including attorney’s fees and legal costs) for any claims related to the infringement of any third party’s rights by the reproduction by Beam of the image or document you upload to our Beam Application or share with us for the purpose of printing (whether said claims are alleged or actual).

  31. By uploading an image or document to our Beam Application (or otherwise sharing it with us for the purpose of printing), you certify that you understand:

    • Beam reserves the right to review the image or document, but receives many such image or document and cannot always review each one individually.

    • Beam takes no ownership of the content you upload or share with us for the purpose of printing.

    • Beam reserves the right to delete any uploaded or shared file which falls into one or more of the categories forbidden above, and refuse to fulfil any associated order.

    • If your image or document is not blurry and was taken in average lighting conditions with a relatively modern camera or phone, or produced above 300dpi in terms of pixel density, your print is very likely to come out beautiful. If your image is taken with an older camera or phone, or is blurry, or is taken in dark lighting conditions, it may look differently printed than it does on your screen. This is because all screens (unless professionally calibrated) will display images differently. Beam stays as true as possible to your image or document by printing it exactly as we receive it: we do not edit it, nor do we apply any of our own colour profiles to it. If your image or document was taken in unusual conditions or with unusual equipment and you are concerned about the print quality, please reach out to us and we would be happy to answer all of your questions and help you to get the best print possible.

  32. By uploading an image or document to our Beam Application (or otherwise sharing it with us for the purpose of printing), you also accept and agree to our other Policies, links to which are available in the footer of our Beam Application.

  33. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER BEAM, LLEAPP SDN BHD NOR ITS EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, MEMBERS, PRINTERS, MERCHANTS, DESIGNERS, SHAREHOLDERS, REPRESENTATIVES, OR AFFILIATES (THE “BEAM PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE BEAM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES.

    34. DEFINITIONS

  34. In these terms and conditions, unless the context otherwise requires:

    • AGREEMENT --> means the Agreement between You and us comprising these terms and conditions.

    • APPLICABLE LAWS --> means any and all statutes, regulations, by-laws, ordinances, or subordinate legislation in force from time to time which pertains to your use of, and access to, the Beam Application and the Service.

    • DELIVERY FEE --> means the fee for the delivery of Products ordered by you. The fee for each order will depend on the net purchase amount and type of Product ordered (in particular, the size and weight of the Product).

    • HARMFUL CODE --> means any computer virus, Trojan, worm, or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorized access to or corruption of data.

    • LOSS --> means any loss or damage of any kind including, without limitation, liability to a third party.

    • MATERIALS --> mean any content made available by us via the Beam Application (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts).

    • PRODUCT --> means each of the goods advertised on the Beam Application.

    • SERVICE --> means the supply of Products and related services provided to you by us through the Beam Application.

    • BEAM APPLICATION --> means the Mobile Application operated by us at via Google Play and AppStore

    • TAXES --> mean all taxes, duties, levies, and charges in connection with any Products or any transaction under this Agreement.

    • WE, US, OUR --> means Beam.

    • YOU, YOURSELF, YOUR --> means any person who uses the Beam Application.

    • IMAGE --> means graphical format of JPEG or PNG Image with resolutions of 300dpi and above

    • DOCUMENT --> means graphical or text, in PDF format

    • CONTENT --> means uploaded digital image or document

LEGAL NOTICES: Please send all legal notices to legal@letsbem.it and Attention it to the “General Counsel”.