Terms of Use

AGREEMENT BETWEEN CUSTOMER AND BIG BAD WOLF BOOKS SDN. BHD. (“BBW”)

This website ("my.bbwbooks.com") (“Website”) is operated by BBW, a company incorporated and operating in Malaysia. The terms "we", "us" and "our" shall mean reference to BBW. The term "Big Bad Wolf Companies" shall mean collective reference to BBW, its affiliated and/or related companies. The term "you" refers to the online users and customers.

The Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below as well as the Shipping Policy, Privacy Policy and the Cancellation and Refund Policy ("Terms of Use"). Please read the Terms of Use carefully. By accessing or using the Website, making any orders or purchase on the Website, creating a membership account, downloading any digital content from the Website and/or contacting our Customer Support agents, you are deemed to have agreed to the Terms of Use in force at that material time and you are legally bound by the same. If you do not agree to the Terms of Use, please do not use or place any order through the Website or our Customer Support agents. We may at any time change the Terms of Use without notifying you and your continued use of the Website is conditioned upon acceptance of the updated Terms of Use.

 

USE OF THE WEBSITE

As a condition of your use of the Website, you warrant that:

  1. You have read and agree to be legally bound by the Terms of Use;
  2. You are at least 18 years of age, of a sound mind and free from improper influences;
  3. You possess the legal authority, right, power and authority to create a binding legal obligation;
  4. You will use the Website in accordance with the Terms of Use and comply with such other notices or guidelines that may be published on the Website by us from time to time (which are hereby incorporated by reference into the Terms of Use);
  5. You will not use the Website or services for any unlawful purpose;
  6. All information supplied by you on the Website is true, accurate, current and complete;
  7. You shall comply with all applicable laws and regulations; and
  8. If you have an online account with the Website, you will safeguard your account information and be completely responsible for any use of your account by you and anyone other than you.

We reserve the right to exercise the sole discretion to deny or restrict access to the Website and the services we offer, at any time without notice and for any reason, including but not limited to any breach of the Terms of Use.

We shall reserve the right to modify, update or amend the Terms of Use at any time as deemed necessary. In such an event, we will post the updated Terms of Use on the Website. By continuing to access the Website or by continuing to use our services following the modifications, updates or amendments to the Terms of Use, this shall deem to signify your acceptance of such modifications, updates or amendments. If you do not agree to the amended Terms of Use, you may opt to close your account and/or cease using the services on the Website.

 

PROHIBITED ACTIVITIES

You will not use the Website to conduct any fraudulent and illegal activities, including but not limited to the following:

(a) logging into an account that you are not authorised to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorisation; and

(c)  attempting to interfere with the service to any user, host or network, including, without limitation, submitting malware to the site, or crashing the server.

If BBW has reason to suspect that you have breached the Terms of Use or your orders or account shows signs of fraud, abuse, or suspicious activity, we may cancel any transactions associated with your name, email address and/or account and close any account associated with the Big Bad Wolf Companies. If you have conducted any fraudulent activity, we will commence legal action against you and you shall bear the loss and damages suffered by us as well as legal costs incurred. Should an action be brought against us resulting from your actions, you agree to indemnify us fully and bear all the costs and expenses arising therefrom. To contest the cancellation of an order or freezing or closure of an account, please contact our Customer Service team.

 

INTELLECTUAL PROPERTY

All the intellectual property rights appearing in the Website are our property or property of other third parties. All rights are expressly reserved. You are not permitted to use any of the intellectual property rights without any prior written permission.

For the avoidance of doubt, the name and/or mark of “Big Bad Wolf” or “BookXcess” may not be used in any way, including but not limited to advertising or publicity, without our prior written consent of.

 

PAYMENT AND FEES

Banks and third party payment gateway systems may charge you transaction fees when the merchant location and transaction location are in different countries. As such, the amount listed on your statement may differ from the figure shown on the billing summary page generated from the Website. The transaction fees and currency exchange rate (if applicable) are determined solely by the banks and third party gateway systems.

 

LIABILITY DISCLAIMER

While we make every effort to ensure that all the information published and displayed on the Website are accurate and complete. There might be some inevitable inaccuracies or errors e.g. pricing errors. we reserve the right to correct any pricing errors on the Website and/or transactions made under an incorrect price. In such an event, if available, we will offer you the opportunity to keep your transaction at the correct price or we will cancel your order(s) without imposing penalty onto you.

To the fullest extent permissible under the laws, we do not guarantee absolute accuracy and disclaims all liabilities. Further, we disclaim all expressed or implied warranties and conditions with regard to the information and products including without limitation, quality of goods, merchantability and/or fitness for purpose.

All products are provided on an "as is" basis without warranty of any kind.

The limitations specified in this section will survive and apply even if any limited remedy specified in the Terms of Use is found to have failed of its essential purpose.

 

INDEMNITY

You agree to indemnify and keep indemnified Big Bad Wolf Companies and any of their directors, employees, partners and/or agents harmless from and against any claims arising from:

  • your breach of the Terms of Use;
  • your violation of any law or the rights of a third party; and/or
  • your use or connection of the Website.

 

LINKS TO THIRD-PARTY SITES

The Website may contain hyperlinks to websites owned, operated and/or controlled by third parties other than us. We have no control over, and assumes no responsibility for the content, accuracy, privacy policies, practices of, or opinions expressed in any third party websites. When you access third-party websites, you do so at your own risk. It is advisable for you to scrutinise the terms and conditions of the third party websites. We shall not be held liable for any loss or damage suffered by you arising therefrom. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators and you hereby irrevocably waive any claim against us with respect to such third-party websites.

  

ACCOUNT TERMINATION

We shall have the sole discretion to terminate any accounts without notice and without assigning any reason if you breach any of the Terms of Use.

 

APPLICABLE LAWS AND JURISDICTION

The Terms of Use are governed by and shall be construed in accordance with the laws of Malaysia. By accessing the Website, you hereby consented to the exclusive jurisdiction and venue of courts in Malaysia, in all disputes arising out of or relating to the use of the Website. You hereby waive any defenses to jurisdiction.

 

GENERAL

Our performance of the Terms of Use is subjected to existing laws and legal process. Nothing contained in the Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of the Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of the Terms of Use at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. The Terms of Use constitutes the entire agreement between you and BBW with respect to the use of the Website.

The Terms of Use have been drafted and shall be construed in the English language. Any translation of the Terms of Use (if any) is for convenience only. In the event of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.

 

CUSTOMER SUPPORT

For any queries or concerns with regard to the Terms of Use or any issues in relation to the Terms of Use or the Website, please contact us at supportmy@bigbadwolfbooks.com.