Terms & Conditions
This website ("Tesco Website") is owned and operated by Lotuss Stores (Malaysia) Sdn Bhd (Formerly Known as Tesco Stores (Malaysia) Sdn Bhd) (Registration No. 200001018812 (521419-K)) ("Lotus's").
Access & Use
Your access to, and use of the materials contained in, the Tesco Website is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the Tesco Website ("Terms and Conditions"). By using Tesco Website, you agree to be bound by these Terms and Conditions.
We reserve the right to amend the Terms and Conditions without notice at any time. Your use of our Tesco Website following such changes constitutes your agreement to be bound by the new Terms and Conditions.
To register with the Tesco Website, you must be over eighteen (18) years of age.You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
Information Collected & Use of Information
We collect the details provided by you on registration together with information we learn about you from your use of our service and your visit to Tesco Website.
By using the Tesco Website, you expressly accept and give your unconditional consent that we may use any and/or disclose information about your demographics in any manner which does not reveal your identity for purpose of marketing, promotional, strategic development, research and customer care.
Standard eCoupon Terms and Conditions
Your use of an eCoupon indicates your agreement to be bound by these eCoupon Terms and Conditions.
We reserve the right to withdraw or cancel an eCoupon for any reason at any time.
We shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any eCoupon or any failure or inability of a customer or household to use an eCoupon for any reason.
Security and Fraud
When you use an eCoupon you warrant to us that you are the duly authorised recipient of the eCoupon and that you are using it in good faith.
If you redeem, attempt to redeem or encourage the redemption of eCoupons to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
If we reasonably believe that any eCoupon is being used unlawfully or illegally we may reject or cancel any eCoupon and you agree that you will have no claim against us in respect of any rejection or cancellation. We reserve the right to take any further action it deems appropriate in such instances.
The content of the Tesco Website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Tesco Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Tesco Website without written permission from Tesco Website.
No licence is granted to you in these Terms and Conditions to use any trade mark of Tesco/Lotus's.
You may not use the Tesco Website for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- gaining unauthorised access to other computer systems;
- interfering with any other person's use or enjoyment of the Tesco Website;
- breaching any laws concerning the use of public telecommunications networks;
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- any claim by any third party that the use of the Tesco Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Tesco Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Tesco Website by you.
Availability of the Tesco Website
Although Tesco Website aims to offer you the best service possible, Tesco Website makes no promise that the services at the Tesco Website will meet your requirements. Tesco Website cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Tesco Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Tesco Website will attempt to restore the service as soon as it reasonably can.
Tesco Website's right to suspend or cancel your registration
Tesco Website may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Tesco Website.
The suspension or cancellation of your registration and your right to use the Tesco Website shall not affect either party’s rights or liabilities.
Paragraphs 8, 9 and 12 of these Terms and Conditions shall survive cancellation.
Tesco Website's liability
The Tesco Website is provided by us without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability of fitness for a particular purpose. You must bear the risks associated with the use of the Internet.
We will ensure that information or material included on the Tesco Website is correct, reputable and of high quality. We will not be responsible for any errors or omissions or for the results obtained from the use of information or for any technical problems you may experience with the Tesco Website. If we are informed of any inaccuracies in the information or material on the Tesco Website, we will attempt to correct the inaccuracies as soon as it reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Tesco Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Tesco Website;
- unsuitability, unreliability or inaccuracy of the Tesco Website;
- inadequacy of the Tesco Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Tesco Website.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.
We make no promise that materials on the Tesco Website are appropriate or available for use in locations outside Malaysia, and accessing the Tesco Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Tesco Website ignores this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.