TERMS OF SERVICE

Effective Date / Last Updated: 2024

Welcome to https://www.vamitch.com (“website”, “site”), as operated by Vamitch Creative Enterprise (“we”, "us", "our", “Vamitch Creative”). All Rights Reserved. We are registered in Malaysia with Company No. CT0075175-P. The Terms of Service contain our rules for users using or accessing our website. When accessing this website, you agree to be bound by these Terms of Service and all applicable laws and regulations. You agree to be responsible for compliance with any applicable local laws. If you disagree with these terms, you are prohibited from using or accessing this site. This Terms of Service is written to avoid legalese for everyone to distinctly understand, agree to the rules stated here and understand their rights and responsibilities.

Site Services

We agree to provide you with services (“Service”) through the website https://www.vamitch.com. You are required to follow these rules in exchange for us providing this Service:

• You must be at least 18 years old to use the site, and if you are under the required age, you agree that a parent or a legal guardian agrees to these rules on your behalf.

• You shall not use the site to do anything illegal or break the rules in our terms of use.

• You shall not change anything about our website or applications, upload any virus or malware, or do anything that might interfere with how the site or its services work.

• You shall not do anything that might affect how other people use and enjoy the site. 

• You shall not encourage anyone to break these rules.

• You shall not post anything that promotes violence, violent groups or anything that might make other people feel scared.

• You shall not post content that contains nudity, sexual violence or commercial sexual services.

• You shall not post content that promotes crime or anything that would break the law.

• You shall not bully anyone or post anything horrible about people. The definition of bullying is making a derogatory statement about someone or posting inappropriate images that threaten someone.

• You shall not post personal or private information about yourself or someone else, including phone number, home or work address, email, location or other personal details.

• You shall not post stuff that doesn’t belong to you or infringes upon someone else’s intellectual property.

• You shall not use any software or robot to create accounts or access the site; you shall not use it to send spam or unwanted messages to others.

• You shall not let anyone else use your account and keep your password secret.

• You shall not use anybody else’s account without permission or try to find their login details.

• You shall not set up an account with someone else’s name, including a famous person or company. You can be kicked off forever if you lie and set up an account.

• You shall not register an account if your previous account was disabled or you were kicked off for violating our rules.

• You shall not register for an account if you are not allowed to under any other rules or laws.

Your Rights

Here are your rights when using our site:

• You hold the right to feel safe using this site.

• You hold the right to your privacy on this site.

• Any communications made through our website pages, comments or other means of communication, including direct contact with us through phone, mail or email, are not confidential and are subject to viewing and distribution by third parties.

• You must not submit any content that could be unlawful or serve an illicit purpose. This includes potentially scandalous, maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate content.

• You hold the right to be forgotten and can delete your account and the content on your page anytime by logging in and completing the process of a delete request. This may take a few days to process, and your account may stay visible to others in the meantime. Some of your content on other accounts, pages, or shared may survive and may not be deletable. We may keep your registration information for as long as we need to run our business and follow these rules.

• You are accountable for anything you do on this site under your account, including things you post and comment on.

• You are responsible for ensuring the stuff you post belongs to you. If you get a fine for posting something you shouldn’t, you will be held accountable to pay for it.

Our Rights

We are not held responsible for the following:

• Links to other companies or websites, including links on the site.

• Anything happens when you connect your site account to another website or Service, including sharing a picture or video.

• The data charges on your mobile device for using the site or its services.

• Any stolen or copied content from the site by someone else.

We hold the following rights:

• We can delete content uploaded by you for any reason, whether a violation of our rules applies or not in the situation.

• We are not required to pay you if we delete content that makes you money.

• We are allowed to make you switch your username for any reason.

• We are allowed to end the site and its services at any time or stop you from using the site at any time for any reason without letting you know beforehand.

• We have the right to own any communications displayed on our site, servers, comments, emails or other media as permitted by the laws of Malaysia.

• We are not required to give credit or pay royalties for unsolicited user-generated content.

• We retain the right to republish or distribute anything you upload to our site as valid during our business.

Use of Licence

Permission is granted to briefly download a copy of the materials (information or software) on Vamitch Creative's website for personal and non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence, you shall not:

• modify or copy the materials on this site;

• utilise the materials for any commercial purpose or any commercial or non-commercial public display;

• attempt to convert executable or reverse engineer any software contained on Vamitch Creative’s site;

• remove any copyright or other proprietary inscription from the materials; and

• transfer the materials to another party or "mirror" the materials on any different server.

The licence shall automatically terminate if you violate any of these restrictions and may be terminated by Vamitch Creative at any time. On top of terminating your viewing of these materials or this licence, you must destroy any electronic or printed format of downloaded materials in your possession.

Intellectual Property Rights

The following are the intellectual property rights that we own:

• All the images, text, designs, graphics, trademarks and service marks are owned by and property of Vamitch Creative Enterprise or the properly attributed party.

• Modification of any materials contained on this website is illegal.

• It violates federal law to use any of our intellectual property in whole or part. We may be prosecuted to the fullest extent permissible, including asking for financial penalties (damages) or a request forcing you to stop using our intellectual property immediately.

• You shall not try to use our stuff, remove it, change it or claim to be used without written permission between you and Vamitch Creative.

• You may use our intellectual property with distinct and direct credit to our site and correct links to the page where the materials, designs, images, text, quotes or posts are located.

• You shall never claim our intellectual property as your own or your original creation, even with attribution.

• If you cannot understand clearly any of these intellectual property rights, do not use our content in any way possible.

Disclaimer

The materials on the Vamitch Creative website are provided on an 'as-is basis. Vamitch Creative makes no warranties, expressed or implied. As a result, this renounces and voids all other warranties, including, without limitation, implied warranties or conditions of merchandisable, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Vamitch Creative does not warrant or make any representations concerning the accuracy, results, or reliability of or concerning the use of the materials on its website or any sites linked to this site.

Limitations

In no event shall Vamitch Creative or its suppliers be responsible for any damages including, without limitation, damages for lost data or profit or due to business interference, deriving out of use or unable to use the materials on Vamitch Creative’s website, even if Vamitch Creative or a Vamitch Creative authorised representative has been notified orally or in writing of the possibility of such damage. These limitations may not concern you as some jurisdictions disallow implied warranties and liability limits for consequential or incidental damages.

This Agreement

• You are required to follow the rules of other third-party services that you use on the site, including payment services, and if any of those rules conflict, those rules will win.

• The other rules will still be valid, even if a court finds any of this Agreement unenforceable, 

• Suppose we unsuccessfully enforce any of these rules for any reason. In that case, we still have the right to implement them in the future. Our conduct will not be a waiver of our overall rights in this Agreement.

• We retain all the rights we did not expressly permit or tell you about in this Agreement.

• Only you and us (no third parties) have the rights under this Agreement.

• You cannot give others these rights or obligations without our consent. However, we can offer our rights and obligations to someone else if we transfer ownership by selling parts or all of our business or if we need to for legal reasons.

Advertising & Testimonials

This site may use advertising to sell certain products or services. We disclaim any liability due to your purchase through one of these links. We will try to notify you when and where we have placed ads or affiliate links in addition to this disclaimer in these Terms of Service. You accept express liability for any consequences or benefits of clicking the affiliate links on this website or related communications. Any testimonials reflect the experience of the person quoted; however, your results with any particular product or Service may vary.

Accuracy of Materials

The materials appearing on Vamitch Creative’s website could include technical, typographical, or photographic errors. Vamitch Creative does not warrant that any of the materials on its website are accurate, complete or current. Vamitch Creative may change the materials on its website at any time without notice. However, Vamitch Creative does not make any commitment to update the materials.

Limits on Liability

• Our site operates as is, and we cannot guarantee it will be safe and secure or will work all the time perfectly. We renounce all expressed or implied warranties, including the implied warranties of merchandisable, fitness for a particular purpose, title, and non-infringement.

• We do not direct what people and others do or say on this site. We are not responsible for their actions, online or offline conduct, or any content they share, including offensive, inappropriate, obscene, unlawful, and other objectionable content.

• Access services and features offered by other people or companies through our Service. You shall read and agree to their rules and terms, as we are not responsible for anything that happens when you use their services and features.

• No prediction can be made of any issues that may arise with our Service. Hence, we are not accountable for any lost profits, data or damages connected to you using the site.

• You agree to defend (at our request), compensate and hold us harmless from and against any claims, liabilities, losses, damages, and expenses, including, without limitation, attorney’s fees and costs stemming out of or associated with these Terms of Service or your use of the Service.

• We retain the right to assume the exclusive defence and control of any matter subject to your indemnification. You shall not settle any claim without our prior written consent. You are required to cooperate in defence of any claim.

• No information on the site, its services or products are intended to diagnose or treat any physical or mental illness, advise in a legal, medical, or financial way, and are purely for educational purposes only unless marked otherwise.

Handling Disputes

We do not look forward to any problems. Please reach out to us if you are having issues with our Service. However, suppose you have a legal problem with the site. In that case, you agree to use binding arbitration under The Malaysian Institute of Arbitrators (MIArb). This means you will not get to court by yourself or with others to be part of a class-action lawsuit or arbitration.

The following claims do not have to be arbitrated and may be brought to court:

• small claims; or

• intellectual property disputes such as copyrights and trademarks; or

• efforts to interfere with the services or engage with the Service in unauthorised ways.

A court can decide on issues about the scope and enforceability of these arbitration provisions.

Links

Vamitch Creative has not reviewed all of the sites linked to its website and is not held accountable for any linked sites' content. Any link does not imply endorsement by Vamitch Creative’s use of the site. It is at your own risk when using any such linked website.

Modifications

Vamitch Creative may revise these Terms of Service for its website anytime. By using this website, you agree to be bound by the current version of these Terms of Service.

Governing Law

These Terms of Service are ruled and construed by the laws of Malaysia. You irreversibly submit to the exclusive jurisdiction of the courts in that State or location.

Our Contact

If you have any enquiry or issues with our website, services or products, please contact us at hello@vamitch.com.

PRIVACY POLICY

Effective Date / Last Updated: 2024

At Vamitch Creative Enterprise (“Vamitch Creative”, “we”, "us", "our"), your privacy is important to us. We protect and respect your privacy regarding any information that we may collect, use and disclose about you across our website https://www.vamitch.com (“website”, “site”). This Privacy Policy applies to information we collect about your use of our website and other products or services linked to this Privacy Policy (collectively, our “Services”). It also applies to when you contact or engage with us via any means of communication, attend one of our virtual or physical events, or otherwise interact with us.

Collection of Information

Information Provided by You

We collect the information you provide to us from:

• The personal information you filled in on the Booking Enquiry page;

• When you contact us via email, through our website or directly;

• Your engagement with us on our social media platforms or via third-party platforms;

• Your comments on our website;

• When you take part in any of our events, virtually or physically; or

• Otherwise, communicate with us in any way or form.

The types of personal information we may collect include:

• Your name;

• Your contact information: mobile phone number, email address and/or social handles;

• Your postal address;

• Your billing address;

• Your home or work address;

• Your photos;

• Your reviews on our products and services on our website or other third-party platforms;

• Information you provide about others, including when you decide to purchase and ship products to someone else or hire, use or purchase our services for someone else; and

• Any other information you choose to provide to us.

Information Collected When You Use the Services

Information about you may automatically be collected by our servers when you access or use our Services, including:

• Log Data: The log information about your use of the Services, such as the standard data provided by your web browser, your browser type and version, your computer’s Internet Protocol (IP) address, the pages you visit and view, access time and date, the time spent on each page, and other details.

• Transactional Data: The transaction information on your purchase or return via our online store, including the product details, purchase price, your personal information regarding billing and postal purposes, the date and location of the transaction, and other information.

• Device Data: The device information about the device you are using to access our Services, including the device type, operating system and version, hardware model, unique device identifiers, mobile network information, geo-location data and device settings. The data collected depends on the individual settings of your device and software. Please check the policies of your device manufacturer or software provider to learn more about the information they make available to us.

• Cookies Data: A cookie is a small piece of data that our website stores on your computer, and we use cookies to collect information about you and your activity across our site, including to count visits, and user experience, to improve our Services, understand usage and campaign effectiveness, and the highly visited or used areas and features of our Services. This information helps us to serve preference-based content to you. For more details, please refer to our Cookie Policy below.

Information Collected from Other Sources

We may collect information about you from third-party sources such as social media platforms, identity verification services, advertising networks and data analytics providers.

Collection & Use of Information

We may collect, use, hold and disclose your personal information without processing it in another manner that is incompatible with these purposes:

• For internal record-keeping and administrative purposes, including processing transactions, returns, confirmations, invoices and receipts;

• To enable you to access and use our website, personalise and improve your experience with our Services;

• To contact and communicate with you via email, direct messages on social media platforms, or other ways of communication, including responding to your comments and questions, providing customer service, provide information about our products, services, events and advertisements that may interest you;

• To host and promote events, run contests, process and deliver entries and rewards, promotions, or offer additional benefits to you;

• For analytics, market research and business development, including providing, maintaining, operating and improving our website, associated applications and social media platforms, monitoring and analysing trends, usage and activities in connection with our Services, events and other offerings, personalise advertisements and marketing on third-party platforms and websites;

• To comply with our legal and financial obligations and resolve any disputes that we may have;

• To debug to identify and fix errors in our Services;

• To send you technical notices, security alerts, support and administrative messages;

• To identify, investigate and prevent security incidents and other malicious, misleading, fraudulent or illegal activity and protect the rights and property of Vamitch Creative and others;

• To carry out any other purpose described to you at the time when the information was collected; and

• To consider your employment application.

Sharing of Information

We may share or disclose your personal information as below or as otherwise described in this Privacy Policy:

• We may share or disclose personal information with our contractors or subcontractors, agents, lawyers or related entities where necessary to obtain advice, assist in providing information, products, services, direct marketing, or otherwise protect and manage our business interests;

• We may share personal information with vendors, service providers, and consultants that need access to such information to perform services for us, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, payment processing, shipping and delivery, marketing or advertising providers, fraud prevention, customer service, professional advisors and payment systems operators;

• We may share certain information in public on our Services or social media platforms, such as if you send a product review, attend any of our events, and for sponsors or promoters of any competition we run;

• We may share personal information if we believe your actions are incompatible with our user agreements or policies, or if it is required to do so, if we believe that you have broken the law, or to protect the rights, property and safety of Vamitch Creative or others;

• We may disclose personal information if we believe it is required by any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements, courts, tribunals, regulatory authorities, law enforcement officers, and credit reporting agencies, as required by law, in connection with any actual or possible legal proceedings, to establish, exercise or defend our legal rights, or in the event, you fail to pay for our goods or services; and

• We share personal information with your consent or at your instruction.

Legal Bases for Processing

We will gather and process personal information about you lawfully, justly, and transparently, only where we have legal bases. Therefore, we collect and use your information only where:

• It is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract;

• It satisfies a legitimate interest (which is not overridden by your data protection interests) such as for research and development, to market and promote our services, and to protect our legal rights and interests;

• You give us consent to do so for a specific purpose, such as sending you our newsletter; or

• We need to process your data to comply with a legal obligation.

You can change your mind at any time on our use of your information for a specific purpose. Regardless, this will not impact any processing that has already taken place. Your personal data will not be kept for longer than necessary. It will protect the retained information within commercially suitable means to prevent loss and theft and unauthorised access, disclosure, copying, use or modification. No electronic transmission or storage method is secure, and we do not guarantee absolute data security. If required, we may retain your personal information to comply with a legal obligation or to protect your or another person's vital interests.

Advertising and Analytics Services Provided By Others

We may permit others to provide analytics services and serve advertisements on our behalf across the Internet. They may use cookies, web beacons, device identifiers and other technologies to gather information about your use of the Services, including your web browser, your IP address, mobile network information, the pages you viewed, your time spent on pages, the links you clicked and conversion information. This information may be used by Vamitch Creative and others to analyse and track data, deliver advertising and customised content to your interests on our Services, identify the popularity of certain content, and better understand your online activity. We may also work with third parties to serve ads to you as part of customised campaigns on third-party platforms. These platforms may offer viewing options to you on these customised ads. Your information may be converted into a unique value that can be matched with a user account on these platforms to enable us to learn about your interests and serve you advertising customised to your interests.

International Transfers of Personal Information

The personal information we collect is stored and processed in Malaysia, where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties. We will ensure that any transfer of personal information from any country is protected by appropriate safeguards, the use of binding corporate rules or other legally accepted means. Our service providers and we may transfer, store, or access your personal information in authorities that possibly do not provide levels of data protection that are similar to those of your home jurisdiction. There are risks if a third party engages in any act or practice that breaches our jurisdiction's data privacy laws. You cannot seek redress under our jurisdiction’s privacy laws. We will ensure that your personal information receives adequate protection in the jurisdictions where we process it.

Your Rights and Choices

Choices and Consent

By giving your personal information, you consent to us collecting, storing, using and disclosing your personal information by this Privacy Policy. We do not sell your personal information. If you are under 18 years old, you must have your parent or legal guardian’s permission to access and use the website. They consent to you providing us with your personal information. You do not need to provide us with your personal information, but if you choose not to, it may impact your use of this website or the products and services offered on or through it.

Subject to certain limitations, you have the right to:

• request to know more about the categories and specific pieces of personal information we collect use, and disclose;

• request deletion of your personal information;

• opt out of any “sales” of your personal information that may be occurring; and

• not be discriminated against for exercising these rights.

Suppose we receive your request from an authorised agent. In that case, we may ask for evidence that you have provided such an agent with a power of attorney or that the agent otherwise has proper written authority to submit requests to exercise rights on your behalf. You may make these requests by contacting us. We will perform a verification process on your appeal upon receiving information about your recent interactions with us. If you are an authorised agent seeking to make a request, please get in touch with us at hello@vamitch.com.

Information from Third Parties

Suppose you are a third party providing personal information about somebody else. In that case, you represent and warrant that you have such a person’s consent to provide personal information to us. Suppose we receive personal information about you from a third party. In that case, we will protect it as set out in this Privacy Policy.

Cookies

Most web browsers are set to accept cookies by default, and you can choose to remove or reject browser cookies. However, removing or rejecting cookies could affect the availability and functionality of certain services.

Restrict

You may choose to restrict the collection or use of your personal information. Suppose you ask us to restrict or limit how we process your personal information. In that case, we will inform you how the restriction affects your use of our website, products or services. If you have previously agreed to allow our use of your personal information for direct marketing purposes, please contact us if you change your mind.

Access and data portability

You may request the details and a copy of the personal information we hold about you in CSV or another easily readable machine format. You may request to remove the personal information we have about you and ask us to transmit this personal information to another third party.

Correction

Please get in touch with us at any time if you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Notification of data breaches

We will abide by the laws applicable to us regarding any data breach.

Complaints

If you believe that we have breached a relevant data protection law and wish to make a complaint, please get in touch with us and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority about your complaint.

Business Transfers

If we or our assets are obtained, the stored data would be included in the assets handed over to any parties who acquire us. This includes unforeseen circumstances that which our business closes down or enters bankruptcy. In this privacy policy, you grant us permission to transfer and that any parties who receive us may maintain their use of your personal information.

Limits of Our Policy

There may be a link between our website and external sites that are not operated by us, and we do not have control over the content and policies of those sites. Hence, we cannot accept responsibility or liability for their respective privacy practices.

Changes to This Policy

We have the right to alter this Privacy Policy from time to time to reflect current acceptable practices. However, we may or may not notify you via any means of communication on our site, other platforms or ways regarding the change of our Privacy Policy. Your continued use of this site after any policy changes is regarded as acceptance of our privacy and personal information practices. The date at the top of the Privacy Policy page will be revised when or if we make any changes. Suppose we make a change to this privacy policy. In that case, we will request you re-consent the amended privacy policy. We encourage you to review this Privacy Policy regularly to stay informed on our information practices and your choices.

Our Contact

If you have any enquiry about this Privacy Policy, please contact us at: hello@vamitch.com.

COOKIE POLICY

We use cookies to help us improve your user experience at https://www.vamitch.com. This cookie policy is included in Vamitch Creative’s Privacy Policy. It covers cookies between your device and our site, basic information on third-party services we may use, and who may use cookies as part of their service. However, our policy does not cover them.

Suppose you do not wish to accept cookies from us. In that case, you should instruct your browser to refuse cookies from https://www.vamitch.com, understanding that we may not be able to provide you with some of your desired content and services.

What is a cookie?

A cookie is a small piece of data that a website stores its information on your device when you visit. This unique identifier allows the site to recognise your web browser when you return and additional data that serves the cookie's purpose and lifespan. Cookies enable certain features, track site usage, store your user settings, and personalise your content. The cookies set by the website are typically called “first-party cookies” and only track your activity on that particular site. Cookies set by other third parties are called “third-party cookies”, and they can be used to track you on other websites that use the same third-party service.

Types of cookies and how we use them

Essential Cookies

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use necessary cookies to help certain functions on our website and online store.

Performance Cookies

We use performance cookies on our site. Performance cookies track your usage behaviour on a website during your visit without collecting personal information about you. This information is anonymous and aggregated, with information tracked across all sites. It helps companies understand visitor usage patterns, problem identification and diagnosis or errors their users may encounter, and make strategic decisions to improve their audience’s overall website experience. These cookies may be set by the first-party website or third-party services.

Functionality Cookies

We use functionality cookies for certain features on our site. Functionality cookies gather information about your device and any configuration settings on the website. The collected data helps websites to provide customised, enhanced or optimised content and services, which these cookies may be activated by the website you’re visiting or a third-party service.

Targeting/Advertising Cookies

We use targeting/advertising cookies on our site. Targeting/advertising cookies determine what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the success of their campaigns and the quality of content presented to them. These cookies may be set by the first-party website you’re visiting or third-party services through targeting or advertising cookies that track you on websites that use the same third-party service.

Third-party Cookies on our Site

Third-party cookies can track you on websites that use the same third-party service. We may utilise third-party companies and individuals on our websites, such as analytics providers and content partners. We grant them access to selected information to perform specific tasks on our behalf. However they may set third-party cookies to deliver the services they are providing, and we do not have control over third-party cookies. Thus, they are not covered by Vamitch Creative’s cookie policy.

Our Third-Party Privacy Promise

The privacy policies of our third-party providers are reviewed before we enlist their services to ensure their practices align with ours, as we will not intentionally include third-party services that undermine or violate the privacy of our users.

Control or Opt Out of Cookies

If you do not wish to accept cookies from us, you can instruct your browser to refuse cookies from our website. Most browsers are configured to accept cookies by default. You can update these settings to reject all cookies or get notified when a website tries to set or update a cookie. You should update your settings on every device you use to browse websites. Some blocked cookies have little impact on your website experience. All blocked cookies may limit your access to certain features and content across the sites you visit.