Terms and Condition of Use
FOMO CLUB ASIA SDN BHD
Effective Date: 1st Jan 2022
Terms and Condition of Use
This site is operated by Fomo Club Asia. When you use this site, you agree to the terms and
conditions that follow, including those additional terms and conditions and policies
referenced herein and/or available by hyperlink such as our Privacy Policy and Cookie
Notice (collectively, the “Terms and Conditions”). If you do not agree to these Terms and
Conditions, you should immediately cease use of this site. This site is offered to you
conditional on your acceptance without modification of the terms, conditions, and notices
contained herein. Our products and the site are for use by adults only. By agreeing to these
Terms of Conditions, you represent that you are at least the age of majority or older in your
jurisdiction. It is your responsibility to check and understand the local laws in your
jurisdiction regarding the legal age in order to use, purchase from or access our site.
These Terms and Conditions apply to all users of the site, including without limitation users
who are browsers, vendors, customers, merchants, and/ or contributors of content. FOMO CLUB ASIA reserves the right to update the Terms and Conditions at any time without
notice to you.
The Structure of Our Organization
Throughout the site, the terms "FOMO CLUB ASIA", "FOMO CLUB ASIA subsidiaries," "we," "us"
and "our" refer, as appropriate in the context, to FOMO CLUB ASIA or one or more of its
subsidiaries. Featured products and positions on issues included on the site are products
or positions of the separate businesses operated by the appropriate subsidiary corporation.
Links to Third Party Sites
This site includes links to other sites, some of them operated by FOMO CLUB ASIA
subsidiaries and some of them operated by third parties. These links are provided as a
convenience to you and as an additional avenue of access to the information contained in
those other sites. We have not necessarily reviewed all the information on other sites and
are not responsible for the content of any other sites or for any products or services that
may be offered through other sites. Third-party sites may contain information with which
we do not agree. Inclusion of links to other sites should not be viewed as an endorsement
of the content of linked sites. Different terms and conditions may apply to your use of any
linked sites. You understand that all information (such as data files, written text, computer
software, music, audio files or other sounds, photographs, videos or other images) to which
you may have access through links to other sites are the sole responsibility of the person
from whom such content originated. FOMO CLUB ASIA IS IN NO WAY RESPONSIBLE FOR
THE CONTENTS OF ANY SUCH LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE,
OR ANY CHANGES OR UPDATES TO SUCH SITES. FOMO CLUB ASIA IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. Similarly, we may provide you with access to optional third-party tools over
which we neither monitor nor have any control nor input. You acknowledge and agree that
such tools are provided “as is” and “as available” without any endorsement from us. We
shall have no liability whatsoever arising from or relating to your use of such third-party
tools. Any use by you of such optional tools offered through the Site is entirely at your own
risk and discretion.
Purpose of This Site
This site is operated for the purpose of providing general information about us. If the Terms
and Conditions are regarded as an offer to sell, or a solicitation of an offer to buy, any
product of FOMO CLUB ASIA, acceptance by FOMO CLUB ASIA is expressly limited to the
Terms and Conditions set forth herein. Such products are sold only in compliance with the
laws of the particular jurisdictions in which they are sold.
Accuracy, Completeness and Timeliness of Information on This Site
WE CANNOT GUARANTEE THAT THE INFORMATION THAT WE MAKE AVAILABLE ON THIS
SITE IS FULLY ACCURATE, COMPLETE, OR CURRENT. THE MATERIAL ON THIS SITE IS
PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR
USED AS THE SOLE BASIS FOR MAKING SIGNIFICANT DECISIONS WITHOUT CONSULTING
PRIMARY OR MORE ACCURATE, MORE COMPLETE, OR MORE TIMELY SOURCES OF
INFORMATION. ANY RELIANCE UPON THE MATERIAL ON THIS SITE SHALL BE AT YOUR
OWN RISK. THIS SITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL
INFORMATION IS NOT NECESSARILY CURRENT AND IS PROVIDED FOR YOUR
REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THE SITE AT
ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON THIS SITE.
YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THE SITE.
Use of Material from This Site
This site (including all its contents) is the property of FOMO CLUB ASIA, or its licensors and is
protected by copyright, trademark and other laws of the United States, England, Germany,
French, Malaysia and other countries. We authorize you to browse through the site and
print and download copies of material on the site for your personal, non-public, non-
commercial use only, so long as you do not remove any copyright or other notices that
appear on the material you print or download. You agree that you will not otherwise copy,
display or transmit any material on the site in any manner or medium. You also agree not
to modify, copy, transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, sell, broadcast or distribute any material and software on the site in
any manner or medium, including by uploading the material or otherwise making the
material available on-line.
Prohibited Use
In addition to the restricted use of copyrighted or trademarked materials from this site, you
may not use our products or services for any illegal or unauthorized purpose or in any way
in violation of any laws in your jurisdiction. Specifically, you are prohibited from using the
site or its content: (a) for any unlawful purpose or to solicit others to perform or participate
in any unlawful acts; (b) to violate any international, federal, provincial or state regulations,
rules, laws, or local ordinances; (c) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (d) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect or interfere with the
functionality, security or operation of the site; (e) to collect or track the personal
information of others; (f) infringe any patent, copyright, right of publicity, trademark, trade
secret, or any other right of any party; or (g) assist any third party that may be engaging in
any of these activities prohibited by this Agreement. We reserve the right to terminate your
use of the site for violating any of the prohibited uses.
Member Account, Password, and Security
If any of the services provided by FOMO CLUB ASIA and/or this website requires you to open
an account, you must complete the registration process by providing us with current,
complete and accurate information as prompted by the applicable registration form. You
also will choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree to notify
FOMO CLUB ASIA immediately of any unauthorized use of your account or any other breach
of security. FOMO CLUB ASIA will not be liable for any loss that you may incur as a result of
someone else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by FOMO CLUB ASIA or another party
due to someone else using your account or password. You may not use anyone else's
account at any time, without the permission of the account holder. The services, including
any updates, enhancements, new features, and/or the addition of any new Web properties,
are subject to this Terms and Conditions of Use. With the creation of an account, you agree
that we may send to your electronic notices or other communication regarding FOMO CLUB ASIA products and this site. You can stop receiving these notices and
communications at any time with the deactivation of your account.
User Comments and Feedback
If, at our request or as part of the features provided by this site, you send certain feedback,
idea or comments on this site or via email (collectively, “Comments”), you hereby grant us a
nonexclusive, irrevocable, royalty free, worldwide, and perpetual license to use that
Comment for any purposes, including, without limitation, a license to reproduce, copy,
prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the
content or otherwise use in any medium any such Comments that you provided. Except
expressly provided in our Privacy Policy, we are and shall be under no obligation (1) to
maintain any Comments in confidence; (2) to pay compensation for any comments; or (3)
to respond to any comments. We may, but are under no obligation to, monitor, edit or
remove content that we determine in our sole discretion are unlawful, offensive,
threatening, libellous, discriminatory, harassing, misleading, defamatory, pornographic or
otherwise objectionable or violates any party’s intellectual property or these Terms and
Conditions. You agree that your Comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or proprietary right,
nor will in any way violate this clause. You may not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as to the origin of any
comments. You are solely responsible for any Comments you make and their accuracy. We
take no responsibility and assume no liability for any Comments posted by you or any
third-party. Your submission in connection with your personal information is governed by
our Privacy Policy, which is incorporated herein by reference. To view our Privacy Policy,
please visit https://uk.FOMO CLUB ASIAnow.com/pages/privacy-policy
Shopping and Ordering at This Site
We reserve the right to refuse service to anyone for any reason at any time. Prices for our
products may be subject to change without notice. We reserve the right at any time to
modify or discontinue the product or service (or any part or content thereof) without notice
at any time, and shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the product or service. We reserve the right, but
are not obligated, to limit the sales of our products or Services to any person, geographic
region or jurisdiction. We reserve the right to limit the quantities of any products or
services that we offer. Any offer for any product or service made on this site is void where
prohibited. We have made every effort to display, as accurately as possible, the colours and
images of our products that appear in the site. However, as the actual colours you see will
depend on your monitor, we cannot guarantee that your monitor's display of any colour
will be accurate. We are not responsible for lost or stolen packages. If you did not receive a
package that is marked as delivered, it is your responsibility to resolve this issue with the
post office. Lost or stolen packages are very frustrating and we will do our best to help you
resolve the problem. Please understand though that this is completely beyond our control
and does require you contact the post office for assistance. You must provide truthful and
accurate billing information in order to process the order. You agree to promptly update
your account and other information, including your email address and credit card
numbers and expiration dates, so that we can complete your transactions and contact you
as needed. Providing any untruthful or inaccurate information may result in order
cancellation. Before we accept and process an order, we may also request that you provide
additional information. In the event that we make a change to or cancel an order, we may
attempt to notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to refuse or cancel an order
for any reason, including order made by minors or person without age verifications,
limitations on quantities available for purchase, inaccuracies, or errors in product or pricing
information, or problems identified through our efforts to avoid fraud and/or account
abuse, or to comply with money laundering regulations. We provide limited warranty to
the products that are purchased via this site, subject to a certain terms and conditions. No
other warranty, whether express or implied, is provided hereunder. For more detail of our
limited warranty policy, please visit https://uk.FOMO CLUB ASIAnow.com/pages/warranty
Counterfeiting
Counterfeiting has been a serious issue that we continue to fight against. We advise
consumers to be cautious when purchasing products from unauthorized resellers as the
quality, reliability and safety of these products is unknown. If you encounter products that
do not appear to be genuine FOMO CLUB ASIA products, please report the details of your
purchase to FOMO CLUB ASIA. FOMO CLUB ASIA shall have no responsibility or liability of any
kind for any products purchased outside of our site and/or authorized retailers, including
but not limited to providing refund or assistance to resolve the dispute or claim arising
therefrom.
Google Analytics
Google Analytics, owned by Google, Inc. ("Google") is used by this site and is a way for us to
monitor how you use this site so that we can improve the site. Google Analytics is a web
analytics service provided by Google. Google Analytics uses "cookies", which are text files
placed on your computer, to help the website analyse how users use the site. The
information generated by the cookie about your use of the website (including your IP
address) will be transmitted to and stored by Google on servers in the United States of
America. Google will use this information for the purpose of evaluating your use of the
website, compiling reports on website activity for website operators, and providing other
services relating to website activity and internet usage. Google may also transfer this
information to third parties where required to do so by law, or where such third parties
process the information on Google's behalf. Google will not associate your IP address with
any other data held by Google. You may refuse the use of cookies by selecting the
appropriate settings on your browser, however please note that if you do this, you may not
be able to use the full functionality of this website. By using this site, you consent to the
processing of data about you by Google in the manner and for the purposes set out above.
Disclaimers
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR
ACCESS TO THE SITE OR ANY FEATURE OR PART OF IT AT ANY TIME FOR ANY REASON.
FOMO CLUB ASIA AND ALL FOMO CLUB ASIA SUBSIDIARIES EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A
PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE SITE IS
NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-
FREE; THAT THE SITE WILL BE SECURE; OR THAT INFORMATION ON THE SITE WILL BE
COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THIS SITE,
YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOMO CLUB ASIA, ANY FOMO CLUB ASIA SUBSIDIARY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
OF ANY KIND. YOU AGREE THAT LINKS FROM THIS WEBSITE MAY EXPOSE YOU TO
CONTENT THAT YOU MAY FIND OFFENSIVE OR OBJECTIONABLE AND THAT IN THIS
RESPECT, YOU USE THE SERVICES AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND
AND AGREE THAT NEITHER FOMO CLUB ASIA., NOR ANY OF ITS SUBSIDIARIES OR THIRD-
PARTY CONTENT PROVIDERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND/OR AGRENTS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES RELATING
TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER
SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE
OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES OR OTHER ONLINE
COMMENTS YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS,
INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS
OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND
DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES
REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A
CONTRACT, AS THE RESULT OF NEGLIGENCE, OR OTHERWISE, AND EVEN IF WE OR OUR
REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Your Liability
If you cause a technical disruption of the site or of the systems transmitting the site to you
or others, you agree to be responsible for any and all liabilities, costs and expenses
(including attorneys' fees) arising from that disruption.
You agree to indemnify, defend and hold harmless FOMO CLUB ASIA and its subsidiaries,
affiliates, partners, officers, directors, employees, agents, contractors, licensors, service
providers, subcontractors and suppliers, from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms
and Conditions or any other terms incorporated herein by reference.
Trademarks
This site features logos and other trademarks and service marks that are the property of, or
are licensed to, FOMO CLUB ASIA. The site may also include trademarks or service marks of
third parties. All these trademarks are the property of their respective owners, and you
agree not to use or display them in any manner without the prior written permission of the
applicable trademark owner.
Intellectual Property Rights of Others
We respect the intellectual property rights of others, and we request that our visitors do
the same. If you think that your work has been copied in a manner that constitutes
copyright infringement, please notify us.
Unsolicited Idea Submission Policy
Fomo Club Asia or any of its employees do not accept or consider unsolicited ideas, including
ideas for new advertising campaigns, new promotions, new products or technologies,
processes, materials, marketing plans or new product names. Please do not send any
original creative artwork, samples, demos, or other works. The sole purpose of this policy is
to avoid potential misunderstandings or disputes when Fomo Club Asia's products or
marketing strategies might seem similar to ideas submitted to Fomo Club Asia. So, please do
not send your unsolicited ideas to Fomo Club Asia or anyone at Fomo Club Asia. If, despite our
request that you not send us your ideas and materials, you still send them, please
understand that Fomo Club Asia makes no assurances that your ideas and materials will be
treated as confidential or proprietary.
Governing Laws and Jurisdiction
The laws of Malaysia govern these Terms and Conditions and your use of the site, and you
irrevocably consent to the jurisdiction of the competent courts located in Malaysia for any
action to enforce these Terms and Conditions.
We recognize that it is possible for you to obtain access to this site from any jurisdiction in
the world, but we have no practical ability to prevent such access.
This site has been designed to comply with the laws of Malaysia. The businesses conducted
by the subsidiaries of FOMO CLUB ASIA, operate in various countries throughout the world
and comply with the laws of the particular jurisdictions in which they operate. If any
material on this site, or your use of the site, is contrary to the laws of the place where you
are when you access it, the site is not intended for you, and we ask you not to use the site.
You are responsible for informing yourself of the laws of your jurisdiction and complying
with them.
Severability
In the event that any provision of these Terms and Conditions is determined to be
unlawful, void or unenforceable, such provision will be removed from these Terms and
Conditions and will not affect the validity or enforceability of the remaining Terms and
Conditions.
Changes to These Terms
We reserve the right, at our complete discretion, to change these Terms and Conditions at
any time by posting revised terms on the site. It is your responsibility to check periodically
for any changes we may make to these Terms and Conditions. Your continued use of this
site following the posting of changes to these terms or other policies means you accept
the changes.
Entire Agreement
You agree that these Terms and Conditions, the Privacy Policy, Limited Warranty, which
are incorporated by reference, constitute the entire agreement between you and FOMO CLUB ASIA with respect to the site, your purchases, and your relationship with FOMO CLUB ASIA and that any prior or contemporaneous communications, understandings,
agreements, or representations with respect to the site are specifically superseded by
these Terms and Conditions.
Contact
All notice required or permitted under these Terms and Conditions shall be made in
writing by mail or by email to:
FOMO CLUB ASIA SDN BHD
S20-3A, Strata Office Suite, KL Eco City, Jalan Bangsar, 59200, Kuala Lumpur.
[email protected]
Legal Department
Privacy Policy
Privacy Policy
Effective Date: 1st Jan 2022
FOMO CLUB ASIA (the operator of this site), as well as many other direct and indirect
subsidiaries worldwide, referred to collectively as FOMO CLUB ASIA (or, as appropriate in
the
context, “we,” “us” or “our”), respect the respects the privacy of our users (“user,”
“you” or
“your”). This Privacy Policy sets out how we collect, use, transfer, retain, secure and
disclose
your personal data that you provide to us pursuant to your use of this FOMO CLUB ASIA
website (the “Site”), as well as other terms relating to data location. It also
describes your
choices regarding use, access and correction of your personal data. This Privacy Policy
also
applies to use of the Site via a mobile device, either through mobile applications or
mobile-
optimized websites.
Please read this privacy policy carefully. If you do not agree with the terms of this
privacy
policy, please do not access the site. We reserve the right to make changes to this
Privacy
Policy at any time and for any reason. Any changes or modifications will be effective
immediately upon posting the updated Privacy Policy on the Site, and you waive the right
to receive specific notice of each such change or modification. You will be deemed to
have
been made aware of, will be subject to, and will be deemed to have accepted the changes
in any revised Privacy Policy by your continued use of the Site after the date such
revised
Privacy Policy is posted.
A. COLLECTION OF PERSONAL DATA
- Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the Site or when you choose to participate in various activities related to the Site, such as online chat and message boards. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site.
- If you are registering a FOMO CLUB ASIA account through social media platforms such as Facebook or Twitter, we may collect your account name and profile photo at those platforms. If you choose to answer our supplemental questionnaires for registered members, we may also collect marital status, nationality, gender, date and/or year of birth, annual income, monthly spending and user preferences. If you prefer not to provide such supplemental information, the use of our services and products will not be affected.
- If you contact our customer service, we may record your conversation with us and collect additional information to verify your identity.
- We record details of users’ activities on the Site. Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site, your buying and browsing activities on our platform.
- If you are using our mobile application or accessing the Site via mobile device, this information may also include your device name and type, your operating system, your phone number, your country and geo-location information, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.
- In connection with any transaction and payment services, information, including but not limited to, payment method (e.g. valid credit card number, card brand, expiration date), billing and delivery information, security code and tracking information may be collected to facilitate the sale and purchase as well as the settlement of purchase price of the products or return, exchange, or services transacted on or procured through the Site.
Certain data we collect may be defined as personal data under applicable data protection law (“Personal Data”). To enable us to provide our services and products to users, users need to provide certain categories of data (which may include Personal Data), such as user name, address, phone number, and email address. If certain data is required, we will let you know at the time of collection. In the event that users do not provide sufficient data marked as necessary, we may not be able to complete the registration process or provide certain products or services.
B. USE OF PERSONAL DATA
We collect and use your Personal Data for the following purposes:
- Verifying your identity and your eligibility to register as a user of the Site;
- Creating, processing and managing your registration as a user;
- Providing you with customer service and responding to your queries, feedback, claims or disputes;
- Fulfilling, processing and managing orders, transactions and payments, providing delivery services;
- Assessing account security, detecting and preventing fraudulent transactions, monitor against theft, and protect against criminal activity or other security incidents;
- Emailing you regarding your account or order, and personalizing our communication with you based on your browsing records and your order history;
- Compiling anonymous statistical data and analysis for use internally or with third parties, including performing research or statistical analysis in order to improve the content and layout of the Site;
- Delivering targeted advertising, coupons, newsletters, and other information regarding promotions and the Site to you, in accordance with applicable laws. Cookies or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests (see section Cookie Notice below). Where we are required by applicable law, we will seek your consent prior to sending you communications for marketing purposes; and
- Assisting law enforcement and respond to subpoena;
- We may also use your Personal Data for other purposes that are not incompatible with the purposes we have disclosed to you (such as archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes) if and where this is permitted by applicable data protection laws.
C. DISCLOSURE OF PERSONAL DATA
We may disclose, share or transfer Personal Data we have collected about you with our
business partners or to our service providers engaged by us in order for us to provide
products or services to you, or for other purposes that specified in this Privacy Policy.
Examples of Personal Data disclosure or sharing include:
1. By Law or to Protect Rights
If we believe the release of information or Personal Data about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction. we may also disclose and transfer your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations, or as otherwise required or permitted by applicable laws.
2. Third-Party Service Providers
We may share your information or Personal Data with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
3. Marketing Communications
With your consent, or with an opportunity for you to withdraw consent, we may share your information or Personal Data with third parties for marketing purposes, as permitted by law.
4. Interactions with Other Users
If you interact with other users of the Site, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
5. Online Postings
When you post comments, contributions or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.
6. Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to the Site and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
7. Affiliates
We may share your information with our affiliates, in which case we will require those affiliates to honour this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
8. Business Partners
We may share your information or Personal Data with our business partners to offer you certain products, services or promotions.
9. Business Transfer
We may disclose your Personal Data to an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your Personal Data only for the purposes disclosed in this Privacy Policy.
10. User Consent
We may also disclose your Personal Data to any other person with your consent to the
disclosure. We may provide aggregated or anonymized data to third parties, but when we
do so, the information we share is in a de-identified format that does not personally
identify you.
We are not responsible for the actions of third parties with whom you share personal or
sensitive data, and we have no authority to manage or control third-party solicitations. If
you no longer wish to receive correspondence, emails or other communications from third
parties, you are responsible for contacting the third party directly.
D. COOKIE NOTICE
We may use Cookies or other tracking technology to collect or store your information. Our
Cookie Notice can be accessed at the following link www.fomoclub.asia which
describes how we use cookies and similar tracking technologies on our web site to collect
certain visitor information automatically. It also explains how you can accept or refuse the
cookies we serve.
E. MINORS
The Site and its contents are not targeted to minors (those under the age of 18) and we do
not intend to sell any of our products or services to minors, nor do we knowingly solicit
information from or market to minors. If a minor has provided us with Personal Data
without parental or guardian consent, the parent or guardian should
contact [email protected] to remove the information.
F. SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your
personal information, to prevent unauthorized access to the Site, and to maintain data
accuracy. While we have taken reasonable steps to secure the personal information you
provide to us, please be aware that despite our efforts, no security measures are perfect or
impenetrable, and no method of data transmission can be guaranteed against any
interception or other type of misuse. Any information disclosed online is vulnerable to
interception and misuse by unauthorized parties. For registered users of the Site, some of
your information can be viewed and edited through your account, which is protected by a
password. We recommend that you do not divulge your password to anyone.
No data transmission over the internet or any wireless network can be guaranteed to be
perfectly secure. As a result, while we try to protect the information, we hold for you, we
cannot guarantee the security of any information you transmit to us and you do so at your
own risk.
G. RIGHTS REGARDING PERSONAL DATA
You may at any time review or change the information in your account or terminate your
account by:
- Logging into your account settings and updating your account; or
- Contacting us using the contact information provided below
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements. If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
- Noting your preferences at the time you register your account with the Site;
- Logging into your account settings and updating your preferences; or
- Contacting us using the contact information provided below
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
H. VISITORS FROM THE EUROPEAN UNION
This section of the Privacy Policy applies only if you use our Site or services covered by this
Privacy Policy from a country that is a Member State of the European Union.
International Transfers of Personal Data
Our business may require us to transfer your Personal Data to countries outside of the
European Economic Area (“EEA”), including to countries that may not provide the same
level of data protection as your home country. We, however, are committed to take
appropriate steps to ensure that recipients of your Personal Data are bound to the same
degree of obligations and that your Personal Data will remain protected in accordance
with this Privacy Policy. A copy of our standard contractual clauses can be obtained by
contacting [email protected]
Your Rights
If you are a resident of the European Economic Area, you have the following data
protection rights, which you can exercise at any time by contacting us using the contact
details provided:
- To request access to your Personal Data.
- To correct, update or request deletion or erasure of your Personal Data.
- To restrict or object to processing of your personal information when it is based on our legitimate interests
- To request portability of your personal information.
- If we are relying on your consent to process your Personal Data, then you have the right to withdraw your consent at any time. However, withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to a data protection authority.
I. VISITORS FROM CALIFORNIA USA
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our
users who are California residents to request and obtain from us, once a year and free of
charge, information about categories of personal information (if any) we disclosed to third
parties for direct marketing purposes and the names and addresses of all third parties with
which we shared personal information in the immediately preceding calendar year. If you
are a California resident and would like to make such a request, please submit your request
in writing to us using the contact information provided below.
J. CONTACT US
If you have questions or comments about this Privacy Policy, please contact us
at: [email protected]
Cookie Policy
WARRANTY & REFUND TERMS
WARRANTY & REFUND TERMS
Effective Date: 1st Jan 2022
DeviceThe warranty period for the e-cigarette device purchased from the Fomo Club Asia Store start from the date of receiving. 1 to 1 replacement device assumes the remainder of the warranty period of the original device.
- Mini device = 1 Month
- Zero device = 1 Year
Pods purchased from www.fomoclub.asia are not covered warranty. Every 30 purchases of pods will get 1 free pod.
Invalid ClaimsFOMO CLUB ASIA’s product warranty covers only those claims arising from damage sustained despite normal and safe use, and does not cover:
- Any malfunction or damage not resulting from workmanship.
- Damage resulting from general neglect, or unsafe use or misuse, whether cognizant or accidental.
- Damage resulting from natural causes including but not limited to lightning, flood, or other natural disasters.
- Theft or loss of the products.
- Damage caused by operating the device outside the permitted or intended use, or damage caused due to the negligence of instructions issued by FOMO CLUB ASIA.
- Claims for non-defective products.
- Water damage
- Valid claims can be filed by emailing the FOMO CLUB ASIA customer care team at [email protected]
- All warranty claims must be supported with proof of purchase, failing which the entire claim will be voided.
- FOMO CLUB ASIA reserves the right to request additional details about the relevant device or product, including photos and videos.
- FOMO CLUB ASIA reserves the right to initiate device repair procedures to restore function before approving a product exchange or refund.
- FOMO CLUB ASIA will replace a product at no charge if a valid claim under this limited warranty is received within the warranty period.
- FOMO CLUB ASIA accepts all refund claims based on product quality issues.
- The refund policy is active and valid only within the first 60 days from the date the order is dispatched.
- Refunds for devices purchased through an authorized FOMO CLUB ASIA retailer must be obtained from the authorized retailer and will be subject to the retailer’s refund policy.
- Valid claims can be filed by emailing the FOMO CLUB ASIA customer care team at [email protected], or by sending in a request for a refund via live chat.
FQA
FQA
Effective Date: 1st Jan 2022
Shipping & Receiving
Question 1
Where do you ship the products from?
Answer
Your products will be shipped from the Fomo Club Asia domestic warehouse located in KL
eco city.
Question 2
How long can I receive my order?
Answer
- Courier: You will receive your order within 2 - 4 working days (national holidays excluded).
- Grab / Lalamove: You can check the delivery status from your order section.
Question 3
What shipping method do you provide?
Answer
- Currently we ship all packages through DHL Ecommerce & Pos Laju. If any requirement, please contact our customer service.
- Additional option such as Grab & Lalamove for 1 day delivery.
Question 4
Can I change my shipping address after the order is shipped?
Answer
Sorry, the shipping address can't be changed once the order is shipped. Before the order
is shipped, you can contact our official customer service by sending an email to
[email protected] to change your address.
Question 5
Where do I check the logistics status after the order is shipped?
Answer
You can view your delivery status under orders section.
Question 6
What should I do if my tracking number has not been updated for a long time?
Answer
Kindly email us at [email protected]
Question 7
What should I do if my package is damaged during shipment?
Answer
In addition to the outer packaging, our products are additionally equipped with an
internal protective film. If the package is damaged, open it to see if the product is
damaged. If it is not damaged, you can still use it. If the product is damaged, please
contact our customer service by sending an email to [email protected] within 48
hours after receiving the product, and our customer service will reply to your email
within 24hrs.
