Who we are

Welcome to www.kayfairy.com (the “Site”). Kay The Fairy provides services to you subject to the terms, conditions, and notices set forth in this agreement (the “Agreement”).

In addition, when you use any of our services (e.g., Customer Reviews), you will also be subject to the applicable rules, guidelines, policies, terms, and conditions for those services, which are hereby incorporated into this Agreement by reference.

We reserve the right to modify this Site and these terms and conditions at any time without prior notice.

By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement. Please read this Agreement carefully before proceeding.

Use Of Site

You represent and warrant that you are at least 18 years old or are visiting the Site under the supervision of a parent or legal guardian. Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-transferable, and non-exclusive license to access and use this Site by displaying it on your internet browser solely for the purpose of shopping for personal items sold on the Site. This license does not permit any commercial use or use on behalf of any third party, except where explicitly authorized by us in writing.

Any breach of this Agreement will result in the immediate revocation of the license granted herein, without prior notice.

Except as explicitly permitted above, you may not:

  • Reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, or decompile any part of the Site.

  • Make any commercial use of the Site’s content or use the Site for the benefit of another business without our prior written consent.

We reserve the right to:

  • Refuse service,

  • Terminate accounts, and/or

  • Cancel orders at our sole discretion, including (but not limited to) instances where we believe customer conduct violates applicable laws or is harmful to our interests.

You agree not to upload, distribute, or otherwise publish through this Site any content, information, or material that:

  • Violates or infringes the copyrights, trademarks, patents, service marks, trade secrets, or other intellectual property rights of any person or entity;

  • Is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Malaysian or international law;

  • Contains viruses, malware, worms, Trojan horses, trap doors, or any other harmful code or properties.

All content provided on this Site is for informational purposes only. It is your responsibility to consult a licensed physician or qualified healthcare professional for diagnosis, advice, or treatment of any health-related conditions.

Opinions or submissions expressed on this Site reflect the views of the individuals who post them and may not necessarily reflect our views.

If you are provided with a password and account identification to access certain areas of the Site, each time you use them, you are deemed to be authorized to access and use the Site in accordance with this Agreement. We are under no obligation to verify the source or authorization of such access or use.

You are solely responsible for:

  • All use of the Site under your password and identification,

  • All communications and transactions made through your account,

  • Maintaining the confidentiality and security of your password and account details.

You agree to notify us immediately of any unauthorized use of your password or account, or any actual or suspected breach of the Site’s security.

Reviews & Comments

Except as otherwise stated in this Agreement or on the Site, any content you submit or post to the Site, and/or provide to us — including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) — will be treated as non-confidential and non-proprietary.

By submitting such content, you grant us a royalty-free, worldwide, perpetual, irrevocable, and transferable license to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from, translate, modify, reverse-engineer, disassemble, or decompile such Submissions in any manner and in any form, using any media or technology.

All Submissions will automatically become the sole and exclusive property of Kay The Fairy Venture (M) Sdn. Bhd., and will not be returned to you.

In addition to the rights granted above, when you post comments or reviews on the Site, you also grant us the right to use the name (if any) that you submit with such content in connection with your review, comment, or other content.

You represent and warrant that:

  • You own or otherwise control all rights to the content you submit.

  • Your content does not infringe upon or violate the rights of any third party, including intellectual property, privacy, or publicity rights.

  • Your submission is accurate and not misleading.

You agree not to use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Submission.

We reserve the right, but are not obligated, to remove or edit any Submissions, including reviews or comments, for any reason and at our sole discretion.

Intellectual Property

All text, graphics, button icons, images, audio clips, and software (collectively, the “Content”) on this site are the exclusive property of Kay The Fairy Venture (M) Sdn. Bhd. or its affiliates. The collection, arrangement, and assembly of all Content on this site (the “Compilation”) is also the exclusive property of Kay The Fairy Venture (M) Sdn. Bhd. All software used on this site (the “Software”) is owned by Kay The Fairy Venture (M) Sdn. Bhd., its affiliates, or its software providers.

The Content, Compilation, and Software are protected by Malaysian and international copyright laws.

Kay The Fairy, including its logos, slogans, trade names, and service marks, are registered and/or common law trademarks owned by the company, its affiliates, suppliers, or third parties. The use of any trademarks or service marks without prior written consent is strictly prohibited.

You may not use our trademarks or service marks:

  • In connection with any product or service that is not ours.

  • In any manner that may cause confusion among customers.

  • In any way that disparages or discredits Kay The Fairy Venture (M) Sdn. Bhd.

  • In meta tags or hidden text without prior explicit consent.

Termination And Effect Of Termination

In addition to any other legal or equitable remedies, we may, without prior notice, immediately terminate this Agreement or revoke any or all of the rights granted to you under this Agreement.

Upon termination:

  • You must immediately cease all access to and use of the Site.

  • We will revoke all password(s) and account identification issued to you.

  • We may deny your access to and use of the Site, in whole or in part.

Termination of this Agreement shall not affect any rights or obligations of either party that arose prior to the effective date of termination, including, without limitation, any payment obligations.

International Access

This Site may be accessed from countries outside of Malaysia and may contain products or references to products that are not available outside Malaysia. Any such references do not imply or guarantee that these products will be made available in other countries.

If you access and use this Site from outside Malaysia, you are solely responsible for complying with all applicable local laws and regulations.

Disclaimer And Limitation Of Liability

Except as otherwise provided in the standard terms of sale that govern the sale of each product on this Site (and on the linked webpages), this Site, the products offered for sale on it, and the transactions conducted through it are provided on an “as is” basis.

We make no representations or warranties of any kind, express or implied, regarding:

  • The operation of the Site;

  • The information, content, materials, or products included on this Site or its linked pages.

To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:

  • Implied warranties of merchantability;

  • Fitness for a particular purpose;

  • Non-infringement;

  • Title;

  • Quiet enjoyment;

  • Data accuracy; and

  • System integration.

This Site may contain inaccuracies, errors, or typographical mistakes. We do not warrant that the content will be uninterrupted or error-free.

To the maximum extent permitted by law, we shall not be liable for any damages of any kind arising from the use of this Site or from any information, content, materials, products, or services included on or otherwise made available through the Site.

Typographical Errors

In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or inaccurate pricing or product details received from our suppliers, we reserve the right to refuse or cancel any orders placed for that product.

This right applies regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged and the order is subsequently canceled, we will promptly issue a full refund to your credit card in the amount of the original charge.

External Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately.

Remedies

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate. Accordingly, we shall be entitled to specific performance, injunctive relief, or both, in addition to any other damages to which we may be legally entitled, along with the recovery of reasonable costs and expenses incurred in any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy available to us shall be deemed exclusive of any other, whether at law or in equity, including but not limited to damages, injunctive relief, attorneys’ fees, and other legal or equitable remedies.

No instance of waiver by us of any right or remedy under these terms and conditions shall be construed as an obligation to grant any similar, future, or additional waiver.

Applicable Law

This site is created and controlled by us in Malaysia. As such, the laws of Malaysia will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

Contact Us

For any questions or comments regarding this Site (including inquiries not related to copyright infringement), please contact Kay The Fairy Venture (M) Sdn. Bhd. at inquiry@kayfairy.com.