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Terms and Conditions

Definitions
Event Date means the date of the event stated in your Order Form;
Collection Date means the date stated in your Order Form for the collection of the Ordered Garments;
Designer means That Special Occasion Sdn Bhd of 6-3, 3rd Floor, Jalan 24/70A, Desa Sri Hartamas, 50480 Kuala Lumpur;
Order Form means the order form issued to you by the Designer;
Ordered Garments means the ordered garments listed in your Order Form; and
“User” means any user of this Website;

  1. Terms and Conditions:
    Fees: Fees shall be the sum as agreed upon and stated in the Order Form for the Ordered Garments. 50% of the Fees is required as deposit prior to commencement of work (“Deposit”) and 50% of the Fees is due on the Collection Date. Payment may be made by cash or cheque in favour of That Special Occasion Sdn Bhd ((Account No RHB 21444600010466)). A charge of RM10 will be imposed on cheques returned for any reason.

  2. Non-Exchangeable/ Non-Refundable: The Ordered Garments sold are not refundable or exchangeable. You are responsible for inspection of the Ordered Garments prior to your collection and payment for the Ordered Garments. If you are not satisfied with the quality of the Ordered Garments, the Designer will, after inspection of the goods, follow a strict policy of repair or replace.

  3. Damage: Although every possible care will be taken to custom-design and tailor the Ordered Garments, the Designer cannot place an unconditional guarantee on the above. In the event of any damage to the Ordered Garments provided to you due to the negligence of the Designer, the Designer will endeavour to replace the same with the closest possible matching fabrics/ materials. For the avoidance of doubt, all fabric/ material replacements, if any, shall be capped at a total of RM200.00. The Designer will not be held responsible for any damaged Ordered Garments due to your negligence (or any other); or any other damaged Ordered Garments due to any other cause in or outside of the Designer’s control.

  4. Material: You may request for the Designer to supply the Client with the required fabric/ material for the design, preparation and tailoring of the Ordered Garments. The Designer shall make its best efforts to supply you with the fabric/ material requested, but the Designer reserves the right to supply you with similar fabric/ material in the event that any such fabric/ material becomes unavailable at the time of production.

  5. Design: The Designer’s role is that of an advisor and designer. You shall make the final selections of the designs provided by the Designer and the Designer will implement such selections. The Parties agree to positive cooperation and communication for the best possible results.

  6. Fitting: You understand that several fittings may be required for the best possible fit of the Ordered Garments. The Designer shall ensure that all Ordered Garments are capable of being altered although there may be an addition charge of RM50 imposed upon substantial alterations to the Ordered Garments.

  7. Collection: You are responsible for the collection of the Ordered Garments by the Collection Date. The Designer reserves the right to sell any of the Ordered Garments which are uncollected after 60 days from the Collection Date. Title in the Ordered Garments shall only pass upon full payment of the Fees.

  8. Cancellation: The Deposit will be forfeited where you cancel the order for the Ordered Garments within 1 month from the date of the Order Form. Where you cancel the order during production, you shall bear the cost of all production completed to such date. For the avoidance of doubt, production shall mean the commencement of any work in respect of the Ordered Garments by the Designer. These terms and conditions constitute a legal agreement and where the Designer terminates this Agreement in the event of a breach of these terms and conditions by you or where excessive demands by you is likely to negatively affect the quality of the Ordered Garments and damage the reputation of the Designer, the Deposit shall be returned to you and the Designer shall be released from all contract obligations, and shall in no way be held responsible or liable in any manner whatsoever for non-performance.

  9. Rights and Permission: You agree that the Designer owns the copyright to the design of your Ordered Garments and you shall not use or reproduce the design for any purpose whatsoever without the Designer’s prior written consent. You give the Designer permission to use any and all images, both photographic prints and digital images and videos or other recording media, in their advertising, studio, literature, event exhibitions, editorial, trade or any other purpose and in any manner and medium. You hereby release the Designer and its legal representatives and assigns from all claims and liability relating to said photographs, videos or other recording media. It is agreed that the Designer may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by the Designer. You acknowledge that this is for promotional purposes only and do not expect any compensation of any kind. There shall be no expiration period for this permission.

  10. Limit of Liability: In no event shall the Designer (and/or its related entities), officers, directors, employees, or agents, be liable to you for any damages howsoever resulting from any errors or omissions in any content or for any loss or damage or claims of any kind incurred as a result of you engaging of the Designer, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Designer is advised of the possibility of such damages. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

  11. Indemnity: You shall indemnify and hold the Designer harmless against and all actions, proceedings, demands, claims, liabilities or damages, costs or expenses whatsoever or howsoever arising as a result of any omission, breach or non-compliance by you of these terms and conditions.

  12. Personal Data Protection Act 2010: You understand that and consent to the storage of your personal information by the Designer and understand that the Designer shall not use your personal information for any other purpose except for contact purposes and/or record purposes only.

  13. All the rights that are released and quoted are only given subject to payment in full.

  14. All terms & conditions will be deemed to be agreed and accepted once the Designer commences on work for the Ordered Garments and shall be binding on you even if you fail to sign on the Order Form prior to the Event Date. Any dispute and/or changes will have to be made with signed amendments prior to the commencement of the Event.
    15. The Order Form to these terms and conditions, shall be taken, read and construed as an essential part of these terms and conditions
    16. These Terms and Conditions are governed by and are to be construed in accordance with the laws of Malaysia and the Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.

Terms of Use of this Website

GENERAL

This website is owned and operated by That Special Occasion Sdn Bhd.

These Terms constitute a legal agreement between the Designer and you. By accessing http://www.thatspecialoccasion.net (“this website”), you affirm that you are either more than 21 years of age, or possess legal parental or guardian consent, and are fully able and competent to legally enter into the Terms, and unconditionally accept to be legally bound by these Terms. You are only authorised to use this website if you agree to abide by this Agreement. Please read these Terms carefully as your entry, access and use of this website is governed by these Terms and by entering, accessing and using this website, you agree to and accept the terms and conditions contained herein. If you do not agree with and to these Terms, you must immediately leave this website and discontinue using it and any of the services provided therein.

In case of violation of these Terms, the Designer reserves the right to seek all remedies available by law and in equity for such violations. These Terms and apply to all visits to this website, both now and in the future.

The Designer reserves the right to change these Terms from time to time at its sole discretion. All changes will be posted on this page and your use of this website after such changes have been posted will constitute your agreement to the modified Terms and all of the changes. You should therefore read the Terms carefully each time you visit this website.

This website is controlled and offered by us from our facilities in Malaysia. We make no representations that this website is appropriate or available for use in other locations. Those who access or use this website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.

In order to participate in certain activities or services offered on this website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such services in which you choose to participate.

These Terms shall be construed and governed by the laws of Malaysia and by accessing this website, you agree and submit to the non-exclusive jurisdiction of the courts of Malaysia.

RESTRICTION ON USE OF MATERIALS

All rights, title and interest in the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, moving images, sound, illustrations, and software (“Contents”), are either owned or controlled by the Designer or licensed to it.

All Contents and the general design and content, are protected by copyright, trademark and other laws relating to intellectual property rights.

No materials from this website may be modified, used, displayed, reproduced, republished, and/or distributed in any way whether for commercial or non-commercial purpose, without the prior written permission of the Designer.

You shall indemnify the Designer against any losses, expenses, costs, or damages incurred as a result of your breach of the Terms or your unauthorized use of the Contents and related rights.

2.1 We grant you permission to use the Contents strictly in accordance with these Terms, provided always that:

(a) your use of this website and the Contents as permitted is strictly and solely for your information and for your personal use for the purchase of the products sold by us (“Approved Use”);

(b) you will not sell, copy, reproduce, distribute, transmit, broadcast or adapt any part of this website and the Contents in any medium or format without our prior written consent;

(c) you will not alter or modify any part of this website other than as expressly permitted by us;

(d) you will retain and display the credits and copyright notices (including without limitation to our name, bylines and the original source of the Contents) and/or trademarks belonging to DESIGNER provided with the Contents;

(e) upon notice from us, you will forthwith cease the use of and delete or otherwise remove any Contents from your premises, computer system or other forms of storage (whether physical or electronic) and databases; and

(f) you will otherwise comply with the terms and conditions of these Terms.

NO REPRESENTATION

This website has been compiled in good faith by the Designer, but no representation is made or warranty given as to the completeness and accuracy of the information presented.

DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DESIGNER (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DESIGNER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

(B) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;

(C) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE;

(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR

(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

THE DESIGNER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE ARE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE ACQUISITION OF INFORMATION AND PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT, EXERCISE CAUTION WHERE APPROPRIATE, AND IF NEED BE, SEEK INDEPENDENT LEGAL ADVICE.

The Designer does not warrant or make any representation regarding the correctness, reliability, or otherwise of any materials in this website or the results of their use.

The Designer does not warrant that the materials contained in this website or this server that it makes available is free of any virus or harmful elements.

All Contents are provided without any warranty and on an “as is where is basis”- any use of the materials is at your own risk. The Designer disclaims all warranties and representations, whether express, or implied, by law or statute - in particular the warranties disclaimed include but are not limited to implied warranties concerning merchantability, satisfactory quality or fitness of the materials for any particular purpose and/or that the materials does not infringe any third party right.

The electronic transmission of any document or information from you through or to us is entirely at your own risk.

LIMITATION OF LIABILITY
IN NO EVENT SHALL THE DESIGNER (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES HOWSOEVER RESULTING FROM ANY:
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(B) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
(C) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THIS WEBSITE;

(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY; AND/OR
(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

To the maximum extent allowed by applicable law, under no circumstances, including, but not limited to negligence, shall the Designer be liable for any damages (including without limitation any special or consequential damages) that result from the use of, or the inability to use, any of the Contents. Any website may include technical inaccuracies or typographical errors. To the extent any law does not allow the above disclaimer or renders the above disclaimer invalid, the maximum amount that the Designer may be liable for shall not in any case exceed the lower of the actual amount paid by the relevant user/claimant to the Designer or RM1.

The Designer reserves the right to update or modify this website from time to time. Changes may be made to the website from time to time at the discretion of the Designer.

The Designer further reserves the right to deny or restrict access to this website to anyone at anytime and/or to block access from a particular internet address to this website, at any time, without ascribing any reasons whatsoever.

INDEMNITY

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:
(a) your use of and access to our Website;
(b) your violation of any term of these Terms; or
(c) your violation of any third party right, including without limitation any intellectual property, property, or privacy right.
This Clause will survive these Terms and your use of this website.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is created by this Agreement.

NOTICE

Except as explicitly stated otherwise, any legal notices shall served on A-3-13, 8 Avenue PJ, Jalan Sg Jernih 8/1, 46050 Petaling Jaya. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.

ASSIGNMENT
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without any restriction whatsoever.

GENERAL

These Terms and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning our Website.
The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

These Terms operate to the fullest extent permissible by law. If any provision (or any part thereof) of these Terms is unlawful, void or unenforceable, that provision (or such part thereof) is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.