Definitions

For the purposes of this Disclaimer:

● “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Disclaimer) refers to APEX PEDAL SDN BHD.

● “Goods” refers to the items offered for sale on the Service.

● “Orders” means a request by You to purchase Goods from Us.

● “Service” refers to APEX PEDAL SDN BHD, accessible from apex-pedal.com.

● “You” means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Terms and Conditions

These Terms and Conditions govern Your use of the Service and form the entire agreement between You and the Company regarding the use of the Service. By accessing or using the Service, You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions.

If You do not agree with any part of these Terms and Conditions, You must discontinue use of the Service immediately.

The Company reserves the right to modify, update, or replace these Terms and Conditions at any time without prior notice. Continued use of the Service after changes are posted constitutes acceptance of those changes.

Eligibility

By using the Service, You represent and warrant that:

• You are at least 18 years of age or have the consent of a parent or legal guardian.
• You possess the legal capacity to enter into binding agreements.
• All information provided by You is accurate, complete, and current.

The Company reserves the right to refuse service, terminate accounts, or cancel Orders at its discretion.

Products and Services

The Company specializes in the sale of bicycles, bicycle accessories, cycling equipment, and related products.

We strive to ensure that all product descriptions, specifications, images, and pricing information displayed on the Service are accurate. However, errors, inaccuracies, or omissions may occasionally occur.

The Company reserves the right to:

• Modify product information without notice.
• Discontinue products at any time.
• Limit product quantities.
• Refuse or cancel Orders where necessary.

Product images are for illustrative purposes only and actual products may vary slightly due to manufacturing updates, screen display settings, or other factors.

Orders

By placing an Order, You agree that:

• All information submitted is accurate and complete.
• You are authorized to use the selected payment method.
• Your Order constitutes an offer to purchase Goods from the Company.

After an Order is placed, You may receive an order confirmation. Such confirmation does not guarantee acceptance of the Order.

The Company reserves the right to reject or cancel any Order due to:

• Product unavailability.
• Pricing errors.
• Suspected fraudulent activity.
• Violation of these Terms and Conditions.
• Other circumstances deemed appropriate by the Company.

If payment has already been processed for a cancelled Order, appropriate arrangements will be made in accordance with applicable policies.

Pricing and Payment

All prices displayed on the Service are subject to change without prior notice.

The Company makes reasonable efforts to ensure pricing accuracy; however, pricing errors may occur. In the event of a pricing error, the Company reserves the right to cancel affected Orders.

Payments must be completed using the payment methods made available through the Service.

The Company reserves the right to suspend or cancel Orders if payment authorization is declined or if payment issues arise.

Shipping and Delivery

Shipping and delivery timelines are estimates and may vary due to circumstances beyond the Company’s control.

While the Company makes reasonable efforts to fulfill Orders promptly, delays may occur due to:

• Inventory availability.
• Courier service disruptions.
• Weather conditions.
• Public holidays.
• Other unforeseen circumstances.

Risk of loss and ownership of Goods may transfer according to applicable laws and delivery arrangements.

Returns and Refunds

Returns and refunds are governed by the Company’s Return and Refund Policy.

Customers are encouraged to review the Return and Refund Policy available on the Service before making a purchase.

The Company reserves the right to evaluate return requests and determine eligibility in accordance with applicable policies.

User Conduct

You agree not to:

• Use the Service for unlawful purposes.
• Attempt unauthorized access to the Service or related systems.
• Distribute malicious software, viruses, or harmful code.
• Interfere with the operation of the Service.
• Engage in fraudulent or misleading activities.
• Infringe upon intellectual property rights belonging to the Company or third parties.

Violation of these provisions may result in suspension or termination of access to the Service.

Intellectual Property

The Service and its original content, features, functionality, trademarks, logos, graphics, product information, text, and design elements are the exclusive property of the Company or its licensors.

No part of the Service may be copied, reproduced, distributed, modified, displayed, or used without prior written consent from the Company.

All intellectual property rights are reserved.

Third-Party Links

The Service may contain links to third-party websites or services.

The Company does not control, endorse, or assume responsibility for the content, privacy practices, or services provided by third parties.

Accessing third-party websites is done at Your own risk.

Disclaimer of Warranties

The Service and Goods are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied.

To the fullest extent permitted by law, the Company disclaims all warranties including, but not limited to:

• Merchantability.
• Fitness for a particular purpose.
• Non-infringement.
• Accuracy and reliability of information.

The Company does not guarantee uninterrupted, secure, or error-free operation of the Service.

Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

• Use of or inability to use the Service.
• Purchase or use of Goods.
• Delays in delivery.
• Errors or interruptions in the Service.
• Unauthorized access to personal information.

The Company’s total liability shall not exceed the amount paid by You for the applicable Order giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, affiliates, agents, and partners from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

• Your use of the Service.
• Violation of these Terms and Conditions.
• Violation of any applicable law.
• Infringement of third-party rights.

Privacy

Your use of the Service is also governed by the Company’s Privacy Policy.

By using the Service, You consent to the collection, use, and disclosure of information as described in the Privacy Policy.

Termination

The Company reserves the right to suspend, restrict, or terminate access to the Service at any time without prior notice if You violate these Terms and Conditions or engage in activities deemed harmful to the Company or other users.

Upon termination, provisions intended to survive termination shall remain in effect.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, without regard to conflict of law principles.

Any disputes, claims, or controversies arising out of or relating to these Terms and Conditions, the Service, or any Orders placed through the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia.

By using the Service, You agree to submit to the jurisdiction of the Malaysian courts for the resolution of any disputes.

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions constitute the entire agreement between You and the Company regarding the use of the Service and supersede any prior agreements, communications, or understandings.

Contact Us

If You have any questions regarding these Terms and Conditions, You may contact:

APEX PEDAL SDN BHD
Website: https://apex-pedal.com

The Company will make reasonable efforts to respond to inquiries in a timely manner.