Terms of Service
1.1 Welcome to the kpod.my website. These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “Kpod Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://kpod.my/privacy-policy/. By accessing the Platform and/or using the Services, you agree to be bound by Kpod Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Kpod Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.
1.2 The Terms of Use stated herein constitute a legal agreement between you and Epod Global Station Sdn. Bhd. (Company No.: 1338613-W), a company incorporated in Malaysia and having its registered address at No. 108, Jalan TU2, Taman Tasik Utama Hang Tuah Jaya, Melaka, 75450 Malaysia (“Kpod”, “we”, “us” or “our”).
1.3 Kpod reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Kpod Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
1.4 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must stop using/accessing this Platform and/or Services. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.
2. USE OF THE PLATFORM AND/OR SERVICES
2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.
2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the distributor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Kpod shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.5 We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3. USER SUBMISSIONS
3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
4. TRADEMARKS AND COPYRIGHTS
4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5. Our limitation of responsibility and liability
5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Kpod of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
5.2 Without limiting the foregoing, Kpod does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
5.3 Kpod and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
6. HYPERLINKS
6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7. APPLICABLE LAW AND JURISDICTION
7.1 These Terms of Use and/or other Kpod Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.
8. ARBITRATION
8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other Kpod Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.
8.2 Notwithstanding the foregoing, Lazada reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
9. TERMINATION
9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other Kpod Terms and Conditions. Upon any termination of these Terms of Use and/or other Kpod Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Lazada shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Lazada, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.
VOUCHER TERMS & CONDITIONS
The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes (“Vouchers”).
1. Vouchers are only valid on the Kpod website.
2. A valid code must be entered at the checkout page in order to redeem a Voucher.
3. Customers can only redeem up to one Voucher per day.
4. Customers can only use the Voucher for a one-time purchase only.
5. Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.
6. Kpod reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances:
(a) suspicious or fraudulent purchasing activity or Voucher use;
(b) Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or
(c) Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)
(a) suspicious or fraudulent purchasing activity or Voucher use;
(b) Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or
(c) Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)
7. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.
8. Additional terms and conditions may be specified in relation to specific Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those vouchers in addition to these terms.
9. Use of Vouchers by resellers is not tolerated, and Kpod reserves the right to cancel orders which are deemed to display reseller behavior.
10. Vouchers are not exchangeable for cash.
11. Kpod will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:
(a) discontinued or cancelled Vouchers;
(b) improper use of, or inability to redeem, a Voucher; or
(c) the inability to redeem a Voucher due to technical issues.
(a) discontinued or cancelled Vouchers;
(b) improper use of, or inability to redeem, a Voucher; or
(c) the inability to redeem a Voucher due to technical issues.
12. Kpod reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.
KPOD PAYMENT PROTECTION POLICY
This Kpod Payment Protection Policy (“Policy”) supplements the Kpod Terms of Use with regard to your Kpod Account. If any matter is not provided for in this Policy but is provided for in the Kpod Terms, the provisions of the Kpod Terms shall prevail. If there is a conflict between the provisions of this Policy and the provisions of Kpod Terms, the provisions of this Policy shall prevail to the extent of such conflict. Unless otherwise expressly provided herein, the capitalized terms shall have the same meanings as set forth in the Kpod Terms. This Policy is a legal agreement between you and Epod Global Station Sdn. Bhd.. By using your Kpod Account, you agree to be bound by the terms of this Policy.
1.1 Protection against Unauthorized Transactions.
Lazada will provide you with compensation for Unauthorized Transactions (defined below), provided that you comply with the procedures set out within the Policy.
An “Unauthorized Transaction” occurs when, because of a fraudulent take-over of the Kpod Account:
(a) transaction is made from the value stored within your Kpod Online Payment that you did not authorize and that did not benefit you;
(b) a transaction to the payment is made from a credit or debit card saved in your Kpod account that you did not authorise and that did not benefit you; or
(c) a transaction to the Kpod payment is made from the Direct Link account, that you did not authorise and that did not benefit you.
(a) transaction is made from the value stored within your Kpod Online Payment that you did not authorize and that did not benefit you;
(b) a transaction to the payment is made from a credit or debit card saved in your Kpod account that you did not authorise and that did not benefit you; or
(c) a transaction to the Kpod payment is made from the Direct Link account, that you did not authorise and that did not benefit you.
Notwithstanding the foregoing, you have an obligation to ensure the safety and security of your Kpod Account. If you authorize someone to access your Wallet by providing them with your login information or otherwise, and they conduct transactions without your knowledge or permission, you shall be responsible for all consequences arising from such use.
1.2 Notify Kpod
a. You should immediately notify Kpod if you believe there has been an Unauthorized Transaction or unauthorized access to your Kpod Account. To be eligible for compensation under this Policy, you must notify us within 60 days from the date an Unauthorized Transaction first appears in your account.
b. You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction. Kpod will send you an e-mail through the-mail address you have provided to notify you of every transaction made in your account. You should check these transaction confirmation messages to ensure that each transaction has been authorized by you and the information in your account is accurate.
c. If an Unauthorized Transaction appears in your account, please contact Kpod Customer Service through the contact us page (https://kpod.my/contact). You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, in order for the investigation to begin. Kpod will only initiate an investigation upon receipt of all information/documents.
1.3 Actions taken by Kpod upon receipt of notification
a. Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following:
(a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction.
(b) Kpod will complete the investigation within 5 working days from the date where all necessary information and/or documents were received by us.
(c) We will inform you of our decision once we complete the investigation.
(a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction.
(b) Kpod will complete the investigation within 5 working days from the date where all necessary information and/or documents were received by us.
(c) We will inform you of our decision once we complete the investigation.
b. If we determine that the Unauthorized Transaction is one which qualifies for Kpod Payment Protection, we will credit the full amount of the Unauthorized Transaction to the respective sources.
c. If we determine that the Unauthorized Transaction is one that does not qualify for Kpod Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.
1.4 Scope of protection
a. The following types of transactions are excluded from the scope of coverage of our Kpod Payment Protection Policy:
(a) Disputes on genuine transactions, such as non-receipt of the item you have purchased;
(b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account;
(c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions;
(d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond Kpod’s reasonable control;
(e) Where the Unauthorized Transaction took place as a result of any terminal or system (including Kpod and Alipay) being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;
(f) ‘Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or
(g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.
(a) Disputes on genuine transactions, such as non-receipt of the item you have purchased;
(b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account;
(c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions;
(d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond Kpod’s reasonable control;
(e) Where the Unauthorized Transaction took place as a result of any terminal or system (including Kpod and Alipay) being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;
(f) ‘Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or
(g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.
Products Warranty Terms & Conditions
- Specific brand of device must work exclusively with specific flavor pod brand and models. Never use the device with a pod or accessories not approved by the manufacturer.
- Please use the product with caution. If discomfort occurs, please stop using it immediately.
- All products sell in Kpod are age restrictions, please refer to “Terms of use”
- Keep away from children and pets.
- Abide by local laws. Vaping may be prohibited in certain locations and under the age of 18. It is your responsibility to comply with all local laws, regulations and requirements
- All items’ warrants the included the hardware product and accessories againt defects in the materials and workmanship for one year from the date of original retail purchase. Each product does not warrant againt normal wear and tear, nor damage caused by accident or abuse. If you submit a valid claim under this warranty. All items will either repair, replace, refund your purchase items at its own discretion. Warranty benefits are in addition to rights provided under local consumer laws. You may be required to furnish proof of purchase details when making a claim under this warranty terms.
- For warranty service, contact us at kpod.my/contact.
Shipping & Delivery
- Not available to east Malaysia
- Non returnable and refundable
- J and T Parcel tracking info will be provided after the purchase is successfully
- Shipping will be free if purchase amount reach RM50.00 or above
- The parcel will be pack and delivery within 5 working days
- We don’t coverage once the parrel or items damage cause by delivery company
