Terms & Conditions

1. Terms of Use

   1. We, Fitworld Industries Sdn Bhd, are the owner and operator of this website known as ‘The Shim Project’.
   2. Any reference or use of ‘we’ or ‘The Shim Project’ shall be understood as a reference to this website.

2. Acceptance

   1. Any person who use The Shim Project agree to be bound by the terms and conditions set out hereinafter.
   2. You are deemed to have accepted such terms when you access and use The Shim Project.
   3. The Terms of Use may be amended by us at any time and from time to time without specific notice to you.
   4. We reserve the right to refuse and/or terminate access of user of The Shim Project or the properties contained therein without prior notice for any user.

3. Capacity

   1. You are granted access and use of this The Shim Project upon the following conditions:
      1. that you are legally capable to enter into a valid and binding contract with us;
      2. that you have the authority to perform any transaction on The Shim Project; and
      3. if you are not responsible for the payment by performing transaction on The Shim Project, you have obtained express consent from the person is responsible for any payment or charges which may be imposed by performing such transaction on The Shim Project.

4. Confidentiality

   1. You are permitted access to any information or data made available on The Shim Project by using your personal identity code and password on the condition that you agree that you are bound by the terms and conditions of access.
   2. You will not attempt to interfere with, reproduce, supply, distribute or use any such material without the prior written consent of the owner of any such material.
   3. All information and data shall be deemed confidential, in accordance to the Malaysian laws and unless it is provided otherwise.
   4. For further information, please click Privacy Policy and Cookies.

5. Copyright

   1. All trademarks, logos, brands, trade names, titles, names, products, slogans, catchphrases, ringtones, sound and domain names which are displayed and exhibited on The Shim Project belong to a person, firm and/or company who own and control the rights:
      1. You need to contact them directly in order to copy, reproduce, transfer, attach, distribute and/or otherwise exploit their material. We have not provided any authorisation for you to use their material for any commercial project;
      2. The Shim Project shall not be liable to you for any claim they may make against you for any unauthorised use of their material.
   2. You are granted a limited, nonexclusive license to view, print and download any content, graphic, form or document from The Shim Project for use solely by you for your own personal use and for non-commercial purposes provided that there is sufficient acknowledgement of the source and copyright ownership.
   3. You are not permitted to supply, transfer, distribute, or copy all or large extracts of these webpages to any third party at any time without our prior written consent.
      1. Failure to obtain permission could create a risk of being sued for copyright infringement and a claim for all the legal costs. There is no waiver of the right to demand fees, royalties and charges for any other use that you may make of the contents in any language, in any medium at anytime.

6. Disclaimer

   1. We rely on the suppliers of the information on this site to act in good faith and to provide accurate up-to-date data and records. All dates, prices, special offers, and other details are subject to availability and may be changed at any time.
   2. No responsibility or liability can be accepted for any errors, omissions or losses that may arise from your use, order or reliance on this site.
   3. The Shim Project and the copyright owners of this site permit access to browse, order goods and services and access information for private and personal use.
   4. The site, data, information and content will be dealt with in accordance to the necessary law of Malaysia
   5. You must only use this site if you agree that The Shim Project, service providers, sponsors and any other third parties associated with us shall not be responsible and/or liable for:
      1. Any loss, damage or other consequent direct or indirect cost, expense or liability that may arise from your use or reliance on material.
      2. Any content which is misleading or an error, failure of any operation or function, virus, destruction or interference with software or equipment, security lapse or breach or failure to deliver goods or services.
      3. Any defamatory, offensive, derogatory material or statements on any part of the site whether temporary or permanent.
   6. Any trade descriptions, quality of goods or services, fitness for purpose, prices, payment, delivery, delay or failure to deliver.
   7. Any infringement or breach of copyright, design rights, moral rights, trademarks, service marks or any other intellectual property rights, or any contractual or other rights of any nature.
   8. The links, banner advertisements, offers or other on The Shim Project are used by you at your own risk, cost and liability and shall not be the responsibility of The Shim Project for any reason.
   9. The use of these third party websites including details, terms and conditions of use and content of the links are not owned or controlled by The Shim Project and there is no consent, endorsement or recommendation provided by us express or implied that you should use the links, banner advertisements, offers, other or otherwise.
   10. There are sections of this site that rely on the users to provide information and data in good faith.
   11. Where material is displayed or accessible which has been provided by third party users then we do not accept responsibility for any material which is defamatory, offensive, inaccurate, unavailable, unlawful or misleading. We do however have a policy of receiving any complaints at info@theshimproject.com and will delete any material which we conclude should be removed for any reason.

7. Expenses

   1. We shall not be liable for any costs, expenses, charges, penalties, damages, losses, connection charges, telephone bills, viruses, defects, cookies, legal fees, replacement costs, credit card and bank charges, interest and/or any other sums incurred by the user of The Shim Project from the use of The Shim Project and any downloads, software and/or products.

8. Indemnity

   1. No person, company, entity and/or otherwise who uses The Shim Project is provided with any undertakings and/or indemnity of any nature.
   2. Any use and/or reliance upon information, research and data and/or any film, sound recordings, text, images, music and/or any other material and/or media is entirely at your own risk and cost. No assurances are provided as to:
      1. ownership of material; copyright ownership and notices;
      2. compliance with any codes, practices, legislation, regulations, directives and cases;
      3. that there are no viruses, defects and/or errors which could cause harm and/or damage; or
      4. that the content has been checked for errors, omissions, defamatory and/or offensive material and/or is threatened by and/or the subject of legal proceedings.

9. Legal Proceedings

   1. In the event that The Shim Project is obliged to take legal action and/or any other steps against any party due to a breach of the user access licence, infringement of copyright, and/or any other rights owned or controlled by The Shim Project and/or any action against The Shim Project by a third party due to any material and/or content which belongs to a third party or relates to a third party of any nature.
   2. The Shim Project shall seek to recover all legal costs, losses, loss of profit, damage to reputation, third party payments of any nature and any other sums which arise directly or indirectly from the conduct, acts, behaviour, communications, or otherwise to The Shim Project, any third party connected, associated with and/or related to The Shim Project including any supplier, distributor, bank, manufacturer, advertiser, product, service or contributor.

10. Liability

    1. Neither Fitworld Industries Sdn Bhd who own The Shim Project, any investors, shareholders or personnel, nor any service provider, nor links, accept any liability for any direct, indirect, or consequential loss of business, reputation, financial losses, expected business developments, injury, distress, damages, loss of profit and/or contracts and/or any other business, costs and expense.

11. Purchase

    1. Before purchasing, you agree that you have read the Terms of Use, Privacy Policy, Return Policy and Cookies stated in The Shim Project.
    2. During the purchase in The Shim Project:
       1. you agree to pay full purchase price of the product including any tax which may be applicable or imposed on the product, at the time of the online order;
       2. if payment is not received by us or our service provider, you agree to pay any amount due upon by demand from us.

12. Payment

    1. The Shim Project takes payment from your card at the time your order is received.
    2. To ensure that your card account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases.
    3. By accepting these terms and conditions you consent to such checks being made.
    4. All information provided by you will be treated securely and strictly in accordance with the Malaysia’s Data Protection Act 2010. For further information, please go to our Privacy Policy.
    5. If there is an error(s) in the price of goods ordered, you will be informed as soon as possible. You will then be provided the option of reconfirming your order at the correct price or cancelling it. If you choose to cancel and have already paid for the goods you will receive a full refund. The order will be automatically cancelled if the Company are unable to contact you.
    6. In the event the price listed in The Shim Project is incorrect due to any error, we shall have the right to:
       1. cancel the order placed by you for the incorrectly priced product regardless whether or not the order has been confirmed or payment of the incorrect price has been made;
       2. in the even that we proceed to delivery the incorrectly priced product, we shall have the right to claim or be paid from you for any amount which may be due from such product.

13. Refund

    1. There shall be no refund for any product purchased from The Shim Project.
    2. The only exception for refund is when the purchased product is not available and we are unable to obtain the product for delivery within 5 days from the date of your purchase.

14. Delivery

    1. We will process the purchased products for delivery within 3 working days from the day of the order is made:
       1. For avoidance of doubt, our working days are from 9:30 a.m. to 5.30 a.m on Mondays to Fridays. Any public holidays of Malaysia shall be treated as off day.
    2. Your purchased products will be delivered to the address provided you when you are placing your order;
    3. The delivery of the purchased products will be made by third party post/courier company.
    4. A tracking number will be provided to you once the product is sent to for delivery via a third party post/courier company.
    5. During the packaging for delivery, we shall ensure that all reasonable steps are taken to ensure the correct product is delivered and free from any damage.
    6. The Shim Project will not be able to guarantee any mishap which may occur upon sending the product for delivery.
    7. For international delivery, the products may be opened for inspection by the relevant authorities such as the Customs Department and subject to import duties/taxes which may be imposed. We shall not be liable for such duties or taxes.
       1. In the event that your purchased products are detained by the authorities, you are to contact the relevant authorities for further information. We shall not be liable to such liaison.

15. Product Information & Availability

    1. We have taken all reasonable steps to ensure that the information of products found in The Shim Project are as accurate as possible.
    2. We do not guarantee that the actual colors of the products will be as accurately displayed in The Shim Project:
       1. Any variation of colour may be due to the technical specifications and/or settings of the computer/monitor which the user is using;
    3. The products displayed in The Shim Project shall depend on the following circumstances:
       1. availability of the products;
       2. whether the products have been discontinued without our prior knowledge.
    4. We shall not be able to guarantee that the products are:
       1. description provided are totally accurate, complete and reliable;
       2. error free.