Terms and Conditions

GENERAL

The following terms and conditions apply to your access and the use of our website (https://commonmask.co/) (“Website”) and where applicable the terms and conditions apply to your purchase of any “CommonMask” branded product (“Purchase”). By using our Website or making a Purchase, you agree to be bound by these terms and conditions without limitation or qualifications. If you do not agree to these terms of use, you must not use our Website or make a Purchase.

Your contract is with CommonMask Sdn Bhd (Registration No. 202101036921 (1437221-T)), including its associates, related companies, subsidiaries and affiliates and its employees, officers, agents, suppliers and vendors (collectively referred to as “CM”, “we”, “our” and “us”).

The general terms and conditions herein together with the Privacy Policy and Delivery and Shipping Policy are made available on the Websites (collectively, as may be varied, amended and/or supplemented from time to time, these “Terms and Conditions”)

In these Terms and Conditions, the use of the words “you” means any and all persons who has accessed or used the Website or has made a Purchase.

PURCHASING

A contract between CM and you for the purchase and delivery of the “CommonMask” branded products forms after an order has been made, a confirmation email has been sent to you from CM’s official email address and an airway bill number, is sent to you. CM reserves the right to reject your order at any time prior to a contract being formed. If your Purchase order consists of more than one product, the Purchase may be fulfilled in separate deliveries.

In the event whereby CM discovers an error in the price of your Purchase, CM will inform you of this error and give you the option of reconfirming your Purchase at the accurate price. If we are unable to contact you or if you are unresponsive within 24 hours, CM reserves all rights to treat the Purchase as being cancelled and refund your payment in full or fulfill the Purchase and refund you the difference between the price paid and the accurate price. Nothing herein shall place CM under the obligation to inform you of the error.

Prices set out under the Website are inclusive of SST and are denominated in Ringgit Malaysia. Delivery costs will be charged in addition to the prices, and such additional delivery costs will be incorporated and displayed in the ‘Grand Total’.

If you discover that you have made a mistake with your Purchase, please contact CM at hello@commonmask.co and CM will do its best in processing your request. For clarity, nothing herein shall place CM under the obligation to make any refund or replacement, or process your request.

CM reserves the right to withdraw any product on the Website at any time, from time to time, without notifying you. In the event your Purchases are accepted for products that CM does not have stock of, CM reserves the right to cancel your Purchase and refund the payment made by you in full. CM shall not be liable to you or any third party by reason of withdrawal of any product from the Website, whether it has been sold or not, removing or editing any material or contents on the Website or for refusing to process or accept your order or Purchase.

In the event you where you wish to lodge a complain to CM in relation to your Purchase, you may do so by filling in the Medical Device Complaint Handling Form and submitting it to hello@commonmask.co.

RETURN AND EXCHANGE POLICY

Please refer to our Return and Exchange Policy, which sets out the terms on which we may process any Purchase for return or exchange, which shall form part of these Terms and Conditions. By making a Purchase you consent to such a return and exchange process in accordance with the terms of the Return and Exchange Policy. Additionally, please note that save for the aforementioned situations, CM will not process any request for a refund for any Purchases made.

DELIVERY POLICY

Please refer to our Delivery Policy, which sets out the terms on which we process any Purchase for delivery, which shall form part of these Terms and Conditions. By making a Purchase you consent to such delivery process in accordance with the terms of the Delivery Policy.

PRE-ORDERS

You acknowledge that with regards to pre-order items that such items are stock which CM does not possess on hand and therefore any estimates as to the fulfillment/delivery times are estimates only and that CM shall not be liable for any change, delays or postponement to such fulfillment/delivery times, if any.

All pre-orders require advance payment to be made at checkout before they can be confirmed. Due to the nature of pre-order items, CM reserves the right not to entertain any request for cancelation of orders.

PRIVACY & DATA PROTECTION

You may visit our Website without revealing any personal information about yourself. However, in order to provide you with the requested information or other services e.g. placing an order for a CommonMask product, you may need to provide us with your personal information.

Please refer to our Privacy Policy, which sets out the terms on which we process any personal data which we receive from you or that you provide to us, which forms part of these Terms and Conditions. By using our Website, you consent to such processing in accordance with the terms of the Privacy Policy and you warrant that all data provided by you is accurate.

COOKIES

CM uses cookies in its web pages to, amongst other things:

maintain your session and required details when you browse the Website, during account registration and when you make a Purchase.
collect website usage data for statistical/analytics purposes (analytics cookie).
where applicable, directs you to the correct landing page based on your geo-location (geo-targeting cookie).

COPYRIGHT & TRADEMARKS

Our Website including the ordering webpage and other applications, logos, marks, text, graphics, designs, audio and video clips, CommonMask branded product information and all other content thereon are the exclusive properties of CM and/or its content suppliers.

You may use our Website and its content solely for personal, non-commercial and private use subject always to applicable copyright laws.

All trademarks, trade names, service marks and all other marks, whether registered or unregistered, on the Website are owned by or licensed to CM and their respective owners and may not be used, reproduced or modified without the prior written approval of CM.

With regards to the Website you must not, unless where prior consent had been given by CM, republish, redistribute, reproduce, duplicate, profit from or copy any material or content.

From time to time, CM may allow you the opportunity to post reviews, exchange information and opinions (collectively, “Comments”) on specifically designated areas of the Website. CM does not filter, edit, publish or review any of the Comments prior to them being posted on the Website. Comments do not reflect the views and opinions of CM and solely reflect the views and opinions of the person who had posted the relevant Comments. To the extent permitted by applicable laws, CM shall not be liable for the Comments or for any liability, damages, expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on the Website. You agree to fully indemnify CM in the event that your Comments cause CM to suffer any liability, damages or expenses.

By using the Website you warrant and represent that you are entitled to post the Comments on the Website and have all the necessary approvals and consents to do so, that the Comments do not infringe on any valid intellectual property rights of any third party, that the Comments shall not contain any defamatory, libellous, offensive, indecent or otherwise lawful material and that the Comments will not be used to solicit or promote the business, custom or commercial activities of any party other than CM and the CommonMask branded products.

If you find any link or Comment on our Website that is malicious or offensive, respectively, for any reason, please contact CM at hello@commonmask.co and inform us of the link or Comment and we will consider your request to remove the link or Comment. For clarity, nothing herein shall place CM under the obligation to remove said link or Comment.

INDEMNITY

You hereby irrevocably agree to indemnify and keep us indemnified against all liabilities, claims, losses and expenses, including any legal fees that may be incurred by us in connection with or arising from (1) your use or misuse of our Website; or (2) your breach of these terms and conditions howsoever occasioned; or (3) any intellectual property right or proprietary right infringement claim made by a third party against us in connection with your use of this Website.

DISCLAIMER

The Website provided and all content thereon are supplied “as is” and “as available”. CM provides no guarantee, representations or warranties of any kind, either express or implied, regarding its operation or its content. You are solely responsible for your use thereof.

While we will make every effort to ensure that the information on the Website is accurate and published in good faith, to the extent permitted by the law, CM does not warrant or represent the accuracy of the information displayed and disclaims to the maximum extent permitted by law all warranties expressed or implied by statute, custom or usage.

CM will not be liable for any indirect, consequential, punitive losses or damage (including without limitation loss of revenue, loss of goodwill or loss of reputation), arising out of the use the Website or the use thereof or any CommonMask branded products purchased, or any errors, inaccuracies or omissions in the Website or content provided howsoever caused.

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Website and you should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, including the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

The various linked sites on our Website allows for further link-up and interaction between you and the said sites for promotions and other interactive mediums. The inclusion of all website links on our Website does not imply endorsement by us of such linked sites, or any association with their operations. These sites are outside the control of CM. We will not be responsible for the content on the linked sites or your use thereof.

FORCE MAJEURE

In no event shall CM or its contractors be responsible or liable for any failure or delay in the performance of its obligations hereunder, including without limitation making Purchases, arising out of or caused by, directly or indirectly, forces beyond its control, including without limitation, strikes, pandemics, epidemics, government imposed orders of any kind, work stoppage, accidents, acts or war or terrorism, nuclear or natural catastrophes or act of God, and interruptions, loss or malfunction of utilities, communications, hardware or software.

However, CM will take all reasonable efforts to resume performance of its obligations as soon as practicable under the circumstances.

GOVERNING LAWS

Any disputes arising out of or related to our Website and/or your Purchase or these terms & conditions or your contract with CM shall be handled individually without any class action and is governed by the laws of Malaysia and any disputes shall be settled in the courts of Malaysia. All dealings and contacts between you and CM shall be made or conducted in the English language.

CHANGES TO THESE TERMS & CONDITIONS

CM reserves the right to cancel, amend or vary the arrangements and content featured on our Website and/or change, amend, vary or add to these Terms and Conditions at any time without prior notice. Your continued use of our Website will constitute your acceptance of any such cancellation, amendment, or variation.

SEVERABILITY

If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable or continuing in effect without the enforceable term.