10. Confidentiality Obligation
- You must treat any non-public information disclosed by us to you in connection with the Services that we require you to treat as confidential, except with our written consent. You are responsible for complying with your obligations under this section even after you have withdrawn from the Service.
- We shall handle user information, printed data provided by the Customer, past order information in the Services and other customer information obtained in connection with the Services in a secure and appropriate manner. We shall not be obliged to disclose such information to the Customer or any other third party unless required by law, requested by a court, regulatory authority or other public authority, necessary for the provision of the Services or otherwise deemed reasonably necessary by us to do so.
11. Prohibited Acts.
In using the Services, the Customer shall not engage in any of the following acts.
- Acts in breach of laws and regulations or acts related to criminal acts.
- Acts that offend public order and morals.
- Fraudulent or threatening acts against us, our partner companies, other users of the Service or other third parties.
- Acts that infringe or may infringe the intellectual property rights, portrait rights, privacy rights, honour rights or other rights or interests of CUSTA, our partner companies, other users of the Service or other third parties (including but not limited to reproduction, public transmission, distribution, translation, adaptation, reprinting or re-use of all or part of the Service contents).
- Submitting print data through the Services that falls under or is deemed by us to fall under any of the following
- Infringes the intellectual property rights, portrait rights, privacy rights, honour rights or any other rights of any third party
- If the data is offensive to law or public order and morals (including, but not limited to, cases where the data contains obscene or cruel expressions or expressions that may be misidentified as paper money or securities, etc.).
- Acts that place an excessive load on the network or system of the Service.
- Actions that may obstruct the operation of the Service or damage the reputation of CUSTA or the Service.
- Acts that illegally access or attempt to illegally access our network or systems, etc.
- Acts that alter the Customer interface, software, etc. of the Service provided by us.
- Any reverse engineering acts to analyse our software, etc., such as decompiling or disassembling.
- Acts of impersonating a third party.
- Acts of collecting information on other users of the Service.
- Acts that cause disadvantage, damage or discomfort to CUSTA, our partner companies, other users of the Service or other third parties.
- Actions that violate these Terms and Conditions, including the rules regarding the use of the Service posted on our website.
- Actions that further hinder the provision of the Service by our partner companies.
- Provision of benefits to anti-social forces, etc.
- Acting on behalf of anti-social forces, etc., receiving requests from these persons, or using the Service under the direction or request of these persons in substance.
- Directly or indirectly causing or facilitating any of the acts listed in the preceding items.
- Any other acts which we reasonably deem inappropriate.
- We handle user information in relation to the provision of the Services in accordance with a separately defined Privacy Policy, and the Customer agrees that we will handle user information in accordance with this Privacy Policy.
- If you voluntarily disclose your personal information on our website, you acknowledge in advance that such information may be viewed or obtained by third parties and that we shall not be liable for any damage suffered by you as a result of the disclosure of such information.
13. Ownership of rights and intellectual property rights
- Our website and services
All intellectual property rights (including, but not limited to, text, images, illustrations, video, music, sound, online design materials, programs and other intellectual property rights relating to copyright, patent rights, utility model rights, design rights, trademark rights and content owned by us or persons who have granted licences to us) relating to our website and services belong to us or persons who have granted licences to us. The licence to use the Services in accordance with these Terms and Conditions does not mean a licence to use the intellectual property rights relating to our website or the Services by us or any person who has granted a licence to us. - Production deliverables
All intellectual property rights in relation to the deliverables produced by us, with the exception of materials provided by the Customer, shall belong to us or persons who have granted us a licence to do so. We grant the Customer permission to use the work product only through the Services. The licence does not transfer the intellectual property rights in the production deliverables to the Customer. - Customer-provided materials
Intellectual property rights in the materials provided by the Customer and the print data submitted by the Customer shall belong to the Customer or a third party who has granted the Customer the relevant rights.
The Customer shall permit the use of the relevant printed data and materials to the extent necessary for the provision of the Services by CUSTA and the improvement of the Services (including development, research and improvement of services associated with the Services), for free of charge.
You shall represent and warrant to us that the use of such printed data and materials provided by you does not infringe the intellectual property rights, portrait rights, privacy rights, honour rights or any other rights of any third party, and shall indemnify us and our partner companies from any and all damages or costs (including legal fees) incurred by us or our partner companies if this is not true or accurate. - Customer Data
You grant us and our affiliates the right to use, disclose and provide Customer Data to the extent necessary or desirable to enable us to provide and improve our Services to you. Personal data will be handled in accordance with a separate Privacy Policy.
Unless you request otherwise, we may disclose the name of your company as a company using our services on our site and in our marketing materials. The Customer grants us free of charge the use of company names, logos and trademarks necessary for us to identify the Customer. If the Customer does not agree to the use of the company name, logo and trademarks, etc., the Customer shall write in to customer-service@custa.com to that effect.
14. Warranty and Disclaimer of Liability
- In the event of damaged or different goods being delivered to the Customer, we will, on the basis of the Customer’s complaint, verify the facts and, if the facts are accepted, decide to carry out a partial or total correction or replacement of the goods and a partial or full refund up to the amount of the fee for the Services in question. When lodging a complaint, the Customer should send an email to our customer service with photos and information that clearly show the problem/area of dissatisfaction. If we request the return of the defective goods, the Customer shall follow the instructions.
- Although we aim to constantly improve the quality of the goods to your satisfaction, we cannot guarantee that the goods you purchase will have the exact colour, shade, texture, feel or other characteristics that you have envisaged and desired. We shall not be liable for any loss or damage suffered by the Customer as a result of the products not having the characteristics envisaged and desired by the Customer.
- We make no warranty that the Services will be suitable for the Customer’s specific purpose, that the Services will have the functions, commercial value, accuracy and usefulness expected by the Customer, that the Customer’s use of the Services will not violate any laws or regulations applicable to the Customer or internal regulations of any company or industry organisation, or that the Services will be free from defects. No guarantee is made that the Service will not be free from fault.
- We shall not be liable for any transactions, communications or disputes between you and other customers or third parties in relation to our Services.
- For printing service, once we receive printable print data from the Customer, we then produce the printed materials by printing them on paper or other materials as desired by the Customer. We are not obliged to correct the printed data provided by the Customer and does not guarantee the integrity of such printed data. In addition, we shall not be obliged to store the print data provided by the Customer.
- The Services are not intended to be used in countries or regions where the Services or the contents, etc. of the information provided in the Services are legally prohibited, nor are they intended to be used by individuals, companies or other organisations in such countries or regions. We shall not be liable for any act by the Customer that violates or contravenes the laws and regulations of such countries or regions by using the Services or information, etc. obtained from the Services. Customers shall use the Services on their own initiative and at their own risk after confirming the laws and regulations applicable to their own conduct.
- We do not guarantee the accuracy, completeness, legality, speed, merchantability, non-infringement of third party rights or suitability for the purposes of the Customer or other third parties of the content or other advertisements or external websites on our website posted in connection with the Services. No guarantee is given as to the accuracy of the content of the website. We shall not be liable for any damage, loss or expense incurred by you or any other third party as a result of the use of these advertisements or external websites. You shall check the content of these advertisements and external websites for yourself and use them on your own initiative and at your own risk.
15. Conditions Relating to Printing
- We are committed to Customer’s satisfaction. We do everything possible to delivery highest quality Service. However, there are certain circumstances that are beyond our control. Please note that we cannot be responsible for:
- Spelling, punctuation, or grammatical errors made by the Customer.
- Inferior quality or low-resolution of images provided by Customer.
- Design errors or colour selection errors introduced by Customer in the artwork file creation process.
- Errors in user-selected options such as product type, size, finishing options, or quantity.
- Incorrect file dimensions, image orientation, or file submission in accordance with our specifications.
- Damage to the products arising after delivery to Customer.
- Duplicate orders by Customer.
- Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services, where applicable.
- Incorrect shipping address, undeliverable packages after delivery attempt, or other errors accidentally made by Customer.
- Once the artwork and print job has been approved by Customer and sent to our printing production via email, digital or verbal instruction, no changes are allowed to the artwork files.
16. Compensation Liability for Damages
- We shall not be liable for any damages incurred by the Customer in connection with the provision or use of the Services, except in cases of intent or gross negligence on the part of CUSTA. Even if we are liable for such damages, our liability shall be limited to the amount of consideration paid by us for the Services that caused such damages, and we shall not be liable for incidental damages, indirect damages, special damages, future damages and damages for lost profits. We shall not be liable to compensate for incidental, indirect, special, future or lost profit damages. In no event shall we be liable for your cost of procuring substitute goods.
- If the Customer causes damage to us, other Customers, our partner companies or other third parties as a result of a breach of these Terms and Conditions or in connection with the use of the Services, the Customer shall bear all liability, including liability for damages to those who have suffered such damage, regardless of whether the Customer has committed such damage intentionally or negligently. If such an act is committed by more than one customer, the Customers who committed the act shall be jointly and severally liable to compensate for the damage.
17. Indemnity
Customer agrees to release, defend, indemnify and holds CUSTA harmless, its owners, partners, directors, officers, employees, agents, licensors, vendors or suppliers and any third party, individual or entity that provide direct or indirect of any services to us from and against any and/or all claims, obligations, losses, liabilities, cost, expenses including reasonable attorneys' fees and expenses, relating to or arising from or due to:
- Any intellectual property or other proprietary right of any person or entity.
- A violation of any of our operating rules or policies relating to the Service.
- Any material or information submitted to us for the Service and publication, including but not limited to, any misrepresentation in your application (if applicable).
- Third party, including customers of Customer in liability claims for products or services sold by Customer to Customer's customers and any other transactions between Customer and third party.
- Any ideas, material or information submitted by Customer for publications or printing.
Enquiries, notifications and other communications from the Customer to us concerning the Services shall be made via email address included in the registration details or by any other manner determined by us. If we send any contact or notification to the email address or other contact details included in the registration details, you shall be deemed to have received such contact or notification.
19. Amendment of the Terms of Use and Content
- We reserve the right to change all content on the website, including, without limitation, these Terms and Conditions, at any time in our sole and absolute discretion without prior notice. If you do not agree to the amended Terms and Conditions, you must immediately stop accessing or using any information on the website and you shall not submit any purchase orders for goods or services. Kindly also communicate or write in to us for our notification.
- In respect of the Services applied by you before the effective date of the changes to these Terms and Conditions, the Terms and Conditions existed before the changes were made shall apply.
20. Services Suspension
- We may suspend or interrupt the provision of all or part of the Services without prior notice to the Customer if any of the following conditions apply:
- When it is necessary to urgently inspect or maintain the computer systems involved in the Service.
- If the equipment necessary for the provision of the Service, such as our computers and communication lines, become unusable due to an accident, etc.
- If the operation of the Service becomes impossible or extremely difficult due to earthquake, lightning, fire, windstorm, flood, power failure, natural disaster, etc.
- If the provision of the Services becomes impossible or extremely difficult due to war, disturbance, riot, civil commotion, labour disputes or other force majeure.
- If the provision of the Services becomes impossible or extremely difficult due to laws and regulations or orders based on such laws and regulations.
- In the event that we reasonably deem it necessary to suspend or discontinue the Services.
- We shall not be liable for any loss or damage incurred by you as a result of any action taken by us in accordance with this Article.
21. Service Termination
We may terminate the provision of the Services at our convenience. If we terminate the provision of the Services, we shall notify the Customer in advance. We shall not be liable for any loss or damage incurred by you as a result of any action taken by us in accordance with this article.
22. Force Majeure
- We shall not be liable to the Customer or be deemed to be in breach of the Terms and Conditions by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
- import or export regulations or embargoes;
- interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of CUSTA or of a third party);
- interruption of production or operation, difficulties in obtaining raw materials, parts or machinery; or
- power failure or breakdown in machinery.
- Upon the happening of any one of the events set out in Clause 22, we may at our option:
- fully or partially suspend delivery/performance of Services while such event or circumstances continues; or
- terminate the Services so affected with immediate effect by written notice to the Customer and CUSTA shall not be liable for any loss or damage suffered by the Customer as a result thereof.
23. Severability
Even if any provision of these Terms and Conditions or any part thereof is determined to be invalid or unenforceable under any law or regulation, the remaining provisions of these Terms and Conditions and the remaining parts of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect. CUSTA and the Customer shall endeavour to amend the provisions or parts thereof which have been determined to be invalid or unenforceable to the extent necessary to make such invalid or unenforceable provisions or parts thereof lawful and enforceable, and to ensure the purpose and legally and economically equivalent effect of such invalid or unenforceable provisions or parts thereof.
24. Waiver
- No right under this Terms and Conditions shall be deemed to be waived except by notice in writing signed by CUSTA or the Customer waiving that right to the other party.
- No waiver by either party to any default or breach by the other party or of any right to enforce any claim or exercise any remedy shall be deemed a waiver of any right or remedy arising in consequence of any subsequent breach or default.
25. Language
These Terms and Conditions shall be treated as having been duly written in English. Even if translations of these Terms and Conditions in other languages are made for reference purposes, only the English version shall have effect as the translations of these Terms and Conditions shall have no legal effect whatsoever.
25. Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement between you and us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.
26. Governing law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of Malaysia. By accessing this website or purchasing any goods or subscribing to our Services through the website, you agree to submit to the exclusive jurisdiction of the courts of Malaysia.