Terms of Service

Introduction

These Terms of Service set forth the terms and conditions which governs your use of Services (“Services” – e.g., and where available, https://www.southpolemasons.com (“Site”)) provided by South Pole Masons Hub (“SPMH”, “our”, “us”, “its”). Please read these Terms of Service before using our Services. By using our Services, you hereby represent, warrant, understand, agree to and accept these Terms of Service in their entirety whether or not you register as a purchaser of our Services. If you do not agree to all of these terms, you should not access or use our Services. Any non-compliance with these Terms of Service may result in your order made for the Product (“PO”) being delayed or your PO being cancelled, along with the forfeiture of your non-refundable payment.
The below also applies only If you purchased your products directly from SPMH (online or retail). If you purchased your products from other sources, please note that SPMH does not govern nor have control over such other sources. These Terms of Service, including the Privacy Policy, are subject to change at any time. Changes or clarifications will take effect immediately upon posting of the updated Terms of Service on our Site. You should check the Site for updates. Any use of the Site by you after the effective date of any changes will constitute your acceptance of such changes.

Users Conduct Agreement

Under these Terms of Service, “users” collectively refer to the following –
- entities who search, browse or use our images, texts, designs, logos, video pictures, programs, ideas, information, etc. (collectively referred to as “Content”);
- entities who purchased our products or services without registering for an account;
- entities who have agreed to the Terms of Service and have registered for an account.
By using our Services, you acknowledge and agree to abide by these Terms of Service and all applicable laws. You commit to maintaining a respectful and courteous demeanour towards our staff, associates, partners, and fellow users. Your use of our Services is contingent on adhering to the following conduct guidelines:
- You shall not employ the Services or any related Content for unlawful, deceptive, or malicious activities.
- Refrain from any actions that could manipulate the price of items or disrupt other users using our Services.
- Avoid interfering with or attempting to disrupt our operations. This includes any actions that may impair, overburden, or damage the systems, servers, or networks facilitating the Services, or violate any of their operational rules and policies.
- Circumvention or attempts to circumvent any security or verification measures put in place by us or our service providers are strictly prohibited.
- You agree not to modify, adapt, translate, or reverse engineer any portion of the Services or Content.
- Unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or other illicit means is forbidden.
- The Services or Content are not be used for unsolicited advertising, spamming, junk mail, or any commercial endeavours without SPMH’s explicit prior written consent.
- It is prohibited to frame, mirror, or exploit any part of the Services or Content for commercial purposes. This includes unauthorized use of any automated or manual processes to copy, monitor, or extract data from the Services or Content.
- Transmitting harmful or disruptive computer code, such as viruses, is forbidden.
- Manipulation of identifiers or headers to disguise the origin of content is not permitted.
- Posting or transmitting any unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable content is strictly prohibited.
- Violating or infringing upon the intellectual property, publicity, privacy, or proprietary rights of SPMH, its affiliates, or any third-party is against the terms of use.
Users are prohibited from engaging in the acts outlined below and are liable for any damages incurred by SPMH, other users, or any third-party as a result of the following violations.
- conduct that causes or may cause problems, disadvantages, or damage to SPMH, other users, or third-parties.
- use of our Services for non-approved commercial purposes.
- use of Content obtained through our Services outside the scope of private use by the user.
- duplication, selling, publication, or distribution/disclosure of content acquired through our Service via non-user third parties to the public or similar acts.
- uploading or e-mail transmission of content such as viruses, code, files, or programs to our website with the intent of interfering with, destroying, or impairing software/hardware functionality or otherwise affecting online communications.
- conduct that infringes or may infringe on intellectual property rights such as copyrights, privacy rights, or any other rights of users, third parties, or SPMH.
- conduct that is illegal, violates the Terms of Service, or is considered contrary to public order and customs, or conduct that we determine to be a violation.
- registration of an account on behalf of a person whose membership has been cancelled.
- transferring, pledging, or lending of user account to third parties.
- the joint-use or sharing of accounts.
- other acts deemed inappropriate.
SPMH reserves the exclusive right to restrict access and use of the Services, and to regulate or remove content that, in our sole judgment, may be detrimental to us, the Services, Content, our users, our brand, or any third-party. In cases of suspected abuse, fraud, or violation of these Terms of Service, SPMH holds the final authority to determine the appropriate course of action, including the termination or suspension of any access to Services. Our decisions in these matters are conclusive and binding.

User information management

Users are responsible to provide accurate information when using our Services. SPMH is not responsible for any damages or loss caused by inaccurate information provided by users.
SPMH may provide notifications regarding our Service through e-mail to the user’s provided e-mail address. SPMH is not responsible for any damages or loss resulting from the failure to receive notifications due to the circumstances of users.
Users may not transfer, lease, or otherwise dispose of their rights to use our Service to any third party, nor may the same be inherited or succeeded to by any third party.
Registered users have access to the “Dashboard” feature after logging in and can input, edit, update, delete information, etc., to each function.
When any change occurs in the user’s account information, the user shall change such information without delay. SPMH is not responsible for any damages or loss caused by the user’s failure to update their account information. Even if the user changes the relevant information, any transactions which have already been completed before the change will be unaffected by the change.
Even if the user changes the account information, any transactions which are in the midst of being processed will be unaffected by the change. Such transactions will continue to be processed according to information submitted at initial checkout point. SPMH is not responsible for any damages or loss due to the latest changes to the user’s information.
Users are responsible for maintaining confidentiality of their account information. SPMH is not responsible for any damages or loss incurred by users who are affected by the misuse of their account by access of third-party.

Suspension and Termination of Use of Service

SPMH may suspend the use of its Services, change the user ID & password or cancel the user registration without prior notice if it is determined that the user falls into any of the following:
- user’s violation of laws and regulations or the Terms of Service.
- illegal acts or unfair practices concerning the user’s use of our Services.
- compromising the security of the user, such as repeated failure of password entry.
- misuse of the user ID and password.
- false declarations in registration information at the time of registration or after registration.
- wrongfully amending or misappropriating information on SPMH’s website and intentional obstruction of the general operation.
- the user cannot be contacted by e-mail or the death of the user.
- a lack or delay in payment of outstanding payables without justifiable cause.
- we determine the user to be detrimental to SPMH; or
- our judgment at our sole discretion.
SPMH is not responsible for any damages or loss caused by the suspension of service and so on.

Sale and Purchase Agreement

Users who wish to purchase products shall order the product in accordance with the methods specified by SPMH. We may refuse the user’s order for reasons as stated in this Terms of Service.
SPMH will do its best to provide accurate product information. However, if an order is placed based on the incorrect price of a product provided by us, we shall send a notification of the corrected price and confirm the user’s intention to resume the purchase based on the corrected price.
In case of any user misconduct or inappropriate acts concerning the use of our Service, SPMH may cancel the order with the user or take other appropriate measures.
SPMH is not liable for the user’s inability to receive the placement of an order, etc. due to internet connection issues, or other causes outside of our control.
The Shipping Fee for pre-order products is an estimation based on a prototype and may be subject to change. SPMH may revise the shipping fee if required, due to an adjustment in package dimensions, or fluctuation in shipping agency rates, amongst others.
Reservation for pre-order products (pre-orders) shall become effective upon the completion of the user’s full payment of the purchase price to SPMH.
All notices, reminders and/or other communication shall be deemed duly sent by SPMH to you via the respective contact details you had provided us with, if we did not receive any indication that the email and/or text message has not been successfully transmitted to or received by you. In this regard, you shall bear the sole responsibility of ensuring that all contact details provided to SPMH for the purpose of receiving all notices, reminders and/or communication from us are correct and valid.

Payment

The price of the product to be paid by users will be the total of the purchase price and applicable consumption tax.
The user shall pay the price of the product by any of the following methods.
- Direct bank transfer
- QR Scan & Pay (digital app/e-wallet)
Even if the user orders more than one product, SPMH will charge the shipping fee for each individual product. For cases involving non-standard shipping methods, additional fees may be added separately. SPMH will defer processing the order until user has completed payment of applicable additional fee, or cancel the order if user chooses to not complete the payment.
All payments made by you to SPMH are strictly non-refundable under any circumstance. In addition, the product is strictly non-exchangeable with any other product(s) of SPMH.

Shipping

The product will be delivered by the carrier determined by SPMH.
Before placing a PO, you shall bear the sole responsibility of checking and confirming that the Product can be sold and shipped to your submitted address. Please take note that shipment of the product to a post office box, to a freight forwarder or forwarding agent is strictly not allowed. In this regard, SPMH reserves the right to terminate the PO in the event you do not comply with this clause.
SPMH shall arrange the delivery of the product based on the destination and its delivery time. Any changes to the delivery address made after the order has been shipped shall be requested by the member directly to the designated delivery company. No P.O. boxes or lockers are accepted for delivery. Please provide a valid home or work address to ensure a smooth order delivery.
SPMH shall not be responsible for any damage, loss, or trouble incurred by the user if the shipping courier delivered the goods to the confirmed shipping address registered by the user at the time of purchase.
The delivery dates of a product as announced by SPMH may be changed or delayed due to various circumstances. There may also be cases we are unable to accept orders due to a lack of inventory or a suspension of sales. Should any of these occur, SPMH shall not be responsible for any resulting damage or loss incurred by the user.
The region of sales or shipment of products may be limited by any agreements with the carrier company, international regulations or so on. SPMH will not handle any sales transactions outside of the region of sale by using intermediaries. Users will not be able to change their shipping address across shipping regions after their order has been placed.
Standard shipping is available by default for customers living in certain countries within the different regions (please verify your country during checkout for more updated shipping options). The estimated delivery time will differ based on shipping destination. In some cases, other levies may be charged by the local customs authority and collected by the courier.
Import duties, value-added taxes (VAT), customs fees, etc. may be imposed depending on the laws and regulations of the destination countries. The user or the addressee of the product shall bear those duties, taxes, and fees. The carrier shall directly charge based on those duties, taxes, and fees.
SPMH will charge the cost of shipping and the return of goods fees to the user if the user or the addressee refused to accept the delivery due to reasons such as the aforementioned duties, taxes, and fees. In addition, SPMH is not responsible for delays due to customs troubles and customs procedures. We do not issue certificates of origin or export visas or other export certificates for delivered goods.
Delivered products are not returnable nor exchangeable.

Warranty and Exchange policy

All products sold are strictly not refundable nor exchangeable for other products.
As with all handcrafted products, no two pieces of products are exactly the same; there are bound to be slight differences or minor imperfections.
Please record your entire unboxing process as proof in order for SPMH to help you resolve any issues.
If you did not purchase directly from SPMH (website/retail), please contact the source from who you purchased the item. Please note that SPMH does not govern nor have control over such other sources.
For any repair and touch up services from SPMH, additional charges will apply. You can send in your request to our email (southpolemasons@gmail.com) along with relevant information and supporting pictures. SPMH will review the case and reply with a quote for repair or alternate remedies, if applicable. All shipping costs are borne by you, the requester.

Product Disclaimer

The colour and shape of products, etc., as displayed on our Site may vary from the actual product depending on monitor settings or our photo processing.
We will do our best to ensure that the description of the products under our Services will be accurate, complete, and up to date, but provides no guarantee nor warranty.
Unless specified by specially provided law, SPMH is not liable for damages or loss of any kind incurred by users as a result of purchases made through our Service, regardless of the legal cause of action or reason.
The scheduled release date of pre-order products on the product detail page is an estimation. The product may be released before or after the estimated release date. SPMH may cancel pre-orders due to the discontinuation of production. The date of release of the product is subject to the time required for the manufacturing process and/or obtaining the requisite approval(s) for the product where applicable.
The dimensions of the product on our website are estimated measurements. We will try to provide as precise measurements as possible, but the measurements provided on our website may vary from the actual product.

Service Disclaimer

SPMH is not responsible for the content, usage, and results of websites that link to or from our website (including legitimacy, validity, accuracy, trustworthiness, safety, current relevance, and integrity). Links to sites deemed illegal or inappropriate by SPMH may be deleted without notice.
SPMH is not responsible for damages or loss of any kind due to temporary service suspension, discontinuation, or changes to the provision of service resulting from the following cases.
- regular maintenance or emergency maintenance of a computer system (hereinafter referred to as “system”) for the provision of service;
- natural disasters such as fires, earthquakes, floods, lightning, and heavy snow;
- instances of social unrest such as war, rebellion, terrorism, and riots;
- SPMH is unable to receive appropriate service from contracted providers such as telecommunications, shipping carriers, and so on;
- technical issues beyond the control of SPMH;
- difficulties in system operations due to system failure, unauthorized access from a third party, infection of computer viruses, and so on;
- upon demand by reasonable grounds from administrative agencies and judicial organizations; or
- SPMH determines it necessary to temporarily or permanently shut down the system due to unavoidable circumstances other than those listed above.
Users and third-parties are responsible for resolving any disputes between other users or third-parties over damages incurred from the use of our Service through their own expense, and shall indemnify and hold SPMH harmless from liability from any claims resulting from related damages, losses, disadvantage, demerit and so on.
Unless otherwise specified in writing, all information, products, etc. will be provided in the condition of “as is”, “where is,” and “where available” basis to the users. We do not provide guarantees or warranty for any kind regarding our Services, its operation, its publication information, products provided under our Services.
SPMH shall not bear any liability, whatsoever, for any damage caused by any computer viruses, spyware, etc. that may affect the user or user’s computer through the use of our Services. Users agree to use our Services at their own risk.

Intellectual Property Rights

Intellectual property rights including copyrights of contents provided through our Services (artwork, craftwork, characters, graphics, logos, button icons, images, audio clips, things downloaded in digital form, edited versions of data, software, etc.) shall remain the property of the said copyright owners who have a licensing agreement with SPMH. The copyrights of all works are protected under international laws, and any other applicable laws for SPMH or the relevant owners or providers.
Any reproduction of contents of SPMH without our approval, unauthorized reprints, or any other unauthorized secondary use shall be prohibited for any purpose. If any violation of any IP-related law is found, we shall take immediate legal action.
Users and third-parties are responsible for resolving any disputes between other users, or third-parties in violation of this Term of Service and shall indemnify and hold SPMH harmless from liability from any claims resulting from related damages, losses, disadvantages, and so on.

Consent to Information Use

By submitting personal information to SPMH, users consent to the collection, processing, and transmission of such information for the purposes of the provision of our Services and internal use.
- IP address or mobile device identification number when the user accesses the server of our Service
- the user’s access information acquired by SPMH through cookies (a tool used for temporarily storing data on a user’s computer through a website browser and recording and saving the final date and time the user visited our website, the number of visits to our website, etc.)
The user acknowledges in advance that they may be restricted on the use of our Services if the user denies cookies in our website browser.
Personal information provided or collected through or in connection with this Site shall only be used in accordance with SPMH’s Privacy Policy.

Change of Service

SPMH reserves the right to revise the contents of our Services at any time without prior notice to members and users. You should periodically check the Site for updates. In this case, SPMH is not responsible for damages or loss incurred by members or users due to the change of contents.
If determined to be necessary, SPMH reserves the right to discontinue our Services at any time for any reason at any time without notice or consent. SPMH will have no responsibility or liability for failure to store or delete any content submitted to the Site.

Amendment of Terms

SPMH reserves the right to make any revisions it deems necessary without prior notice to any terms included herein or in any documents incorporated by reference herein. SPMH reserves the right to discontinue or make changes or updates with respect to the Site or the contents of the Site at any time without notice. SPMH reserves the right to restrict, refuse or terminate access of any users to the Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

Damages

The users shall be responsible for any damages (direct damages, indirect damages, attorneys’ fees, etc.) caused by a violation of the Terms of Service or other related rules for our Services.

Governing Law and Jurisdiction

The Terms of Service is construed in accordance with Malaysian law.
Problems or disputes that arise and are not resolved by the Terms of Service or our guidance and response will be discussed between the user and SPMH in good faith and resolved.

No Waiver

No failure on the part of SPMH to enforce any part of these Terms of Service shall constitute a waiver of any of SPMH’ rights under these Terms of Service, whether for past or future actions on the part of any person. Neither the receipt of any funds by SPMH nor the reliance of any person on SPMH’s actions shall be deemed to constitute a waiver of any part of these Terms of Service. Only a specific, written waiver signed by an authorized representative of SPMH shall have any legal effect whatsoever.