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Terms & Conditions

PLEASE NOTE THAT YOUR USE OF THIS WEBSITE SIGNIFIES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS BELOW

Private Bar Online Sdn. Bhd. “http://www.privatebar.online”, (herein refer to as Private Bar) owns and operate this Website. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). Although you may bypass this Agreement, your use of this website still binds you to the Terms and Conditions. We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you, and your subsequent use of this website signifies your unconditional agreement to follow and be bound by the then-current Terms and Conditions. We encourage you to review these Terms and Conditions regularly whenever you use this website.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Private Bar has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

SUPPLY OF LIQUOR TO MINORS

It is illegal for us to sell alcohol to you if you are under the age of 21. It is illegal for you to buy alcohol from us if you are under the age of 21 and it is illegal if you falsify your details in order to buy alcohol if you are under the age of 21. 

NON-SALES OF ALCOHOL TO MUSLIMS

By virtue of Section 19 (1) and Section 19 (2) Syariah Criminal Offences Act 1997, all Malaysian Muslims are forbidden from buying and drinking alcohol.

In accordance to the legal provisions above, Private Bar will not sell any alcohol products listed on its website to any Malaysian Muslims.

GOVERNING LAW

This Agreement and its performance shall be governed by the laws of Malaysia. You consent and submit to the exclusive authority of the courts and administrative tribunals located Kuala Lumpur, Malaysia, in all disputes arising out of or relating to the use of the websites and these Terms and Conditions.

PROHIBITIONS

You must not misuse this website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and http://www.privatebar.online will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Private Bar or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Private Bar and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

TERMS OF SALE

Private Bar reserves the right to alter advertised prices at any time. The cost of foreign products and services may fluctuate. All prices quoted are in Ringgit Malaysia (RM).

(A) Pricing and Availability

We endeavor to supply advertised vintages, quantities, and pricing, but all orders are subject to availability and confirmation by Private Bar. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price, vintage or recommend a suitable substitute. All goods remain the property of Private Bar until payment has been confirmed. We reserve the right to limit any sale.

(B) Payment

In order to contract with Private Bar, you must be over 21 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Private Bar retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Private Bar or may in some cases be a third party. Where a contract is made with a third party Private Bar is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

(C) Delivery

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Private Bar and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Private Bar's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

(A) Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

(B) Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Private Bar and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Private Bar.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Private Bar, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal accounting and professional fees) arising from your use this Website or your breach of the Terms of Service.

VARIATION

Private Bar shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

COMPLAINTS

We operate complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

TERMINATION

Private Bar may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your subscription. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

SEVERABILITY

These Terms and Conditions shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced fully permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

The above Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Private Bar making such amendments or modifications available to it pursuant to the Terms and Conditions.

CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to us at enquiry@privatebar.online.

 

Last Edited on May 23, 2017

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