Terms & Conditions

Kindly review the terms and conditions of the “Website” before using.

Omega Trident Trading PLT.

By browsing and using this Internet website at staythirsty.com.my (the “Website”), operated by Omega Trident Trading PLT, you agree to be bound by the User Terms and Conditions of Use set forth below (the “Terms and Conditions”). Agreeing to this Agreement shall mean agreeing to confirming any changes made to this Agreement by regularly visiting staythirsty.com.my (Stay Thirsty) operated by Omega Trident Trading PLT (OTTP). You must not continue to use the website and must exit the Website immediately if you do not agree to the Terms and Conditions or are not of a legal age for consuming and/ or purchasing alcoholic drinks.

The definitions: “Stay Thirsty (staythirsty.com.my)” means the “website” used to make purchases. “Users” are the members and none members who are granted the access to the products and services of the website in accordance with this Agreement at a legal age of consuming and/ or purchasing alcoholic drinks. “Member” are any individual or business who register as member with Stay Thirsty. “Password” are the combinations of alphabets and numbers selected to register to the website for the purpose of confirming the identity of the Member. “Buyers” are any users who purchases the products with Stay Thirsty in accordance with this Agreement at a legal age of consuming and/ or purchasing alcoholic drinks. “Working Day” is any working day which Stay Thirsty provides its services which exclude Saturday, Sunday and any public holiday in Kuala Lumpur and Selangor.

Changes to the Terms and Conditions. OTTP may, in its sole discretion, revise the Terms and Conditions from time to time without prior notification and it is your responsibility to review the Terms and Conditions each time you access this Website. Agreeing to this Agreement shall mean agreeing to confirming any changes made to this Agreement by regularly visiting staythirsty.com.my (Stay Thirsty) operated by OTTP

Modifications to the Website. OTTP reserves the rights, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Website, including, but not limited to content, features or hours of availability. OTTP may impose limits on certain features of the Website or restrict your access to part or all of the Website without any prior notice given.

Website age limitation and Non-sales to Malaysian Muslims. OTTP and its delegated agent maintain this Website for the personal use of web visitors who are lawfully permitted, at a legal age of 21 and above to consume and/ or purchase alcoholic drinks. Sales to Malaysian Muslims are not permissible under the Syariah Criminal Offences Act 1997.

Pricing Information. Pricing indicated on the “Website” is in Ringgit Malaysia and is inclusive of any Government Tax should it be imposed by the authorities. Postage and delivery charges are not included. While every effort is taken to ensure the price of products are correctly displayed on the “Website”, should there be any price wrongly indicated at the time of purchase, OTTP will inform you of the matter and as a consumer, you will be given the 1st right of refusal of purchase based on the revised price. However, should there be any dispute arising from the incorrectly displayed price, OTTP has the right to refuse sale and will refund with a surcharge deduction as stated in our Return and Refund clause.

Product Information. Product information displayed on the Website is deemed correct at the time of publication. However OTTP and its agents will not be held responsible should there be any discrepancies from the actual product information printed on the label.

Delivery. Delivery charges apply unless stated otherwise on the Website. Do ensure correct address and contact number are given; ensure someone to receive the product(s) at the stipulated day. OTTP will not be held liable should the address or contact number given is inaccurate. Additional charges may apply should there be any additional attempt to re-deliver the product(s). For more information kindly refer to our Delivery and Return Policy on the Website.

Stock Availability. While every effort is taken to ensure stock availability during purchase, there could be times due to high traffic, certain product(s) may not be available and not updated promptly in the Website. Should this occur, OTTP will extend the delivery date or offer replacement or offer a full refund without any surcharge after discussing the options with you on the next course of action.

Return & Refund. Request of return and refund must be done within 3 days (including weekend and public holidays) upon receipt of item(s). Returned item(s) must be unused, unopened and undamaged with the item’s original packaging including boxes, plastic and bubble wraps, gift items and gift boxes intact. OTTP reserves the right to accept the return if the above mentioned criteria are not met. OTTP reserves the right to refuse any return or exchange for product(s) value more than RM1,000.00. Refund will be directly credited into your bank account or credit card after deducting a surcharge of 10% of the total amount paid. Additionally, we reserve the rights to deduct any miscellaneous charges that arise from your return directly or indirectly, if applicable.

User Conduct. You are solely responsible for the content and context of any materials or information you post or submit through the Website. You warrant and agree that while using the Website, you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which:

(1) are unlawful, threatening, harassing or profane; (2) restrict or inhibit any other user from using and enjoying the Website; (3) constitute or encourage conduct that would constitute a criminal offense or give to civil liability; (4) contain any virus or other harmful component; (5) contain advertising or any kind; or (6) contain false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not send, forward, transmit or distribute by e-mail or by any other mean any material or content of the Website to persons under the legal age of consuming, drinking and/ or purchasing alcoholic drinks, under the law of their country of residence.

OTTP will fully cooperate with any law enforcement authorities or court order requesting or directing OTTP to disclose the identity of, help identify, or locate anyone transmitting any such content.

Monitoring. You agree that OTTP has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere in the Website, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, OTTP does not and cannot review all materials posted to the Website by users and OTTP assumes no responsibility of liability for any actions or content transmitted by or between you or any third party within or outside of this Website. If notified, OTTP may investigate an allegation that content transmitted to this Website is in violation of the Terms and Conditions and determine whether to have the communication removed from this Website. However, OTTP is under no obligation to remove content transmitted by third parties from this Website ad assume no responsibilities or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained herein.

Disclaimer of Warranties. Your use of this Website is at your sole risk. This site including all its content, functions and information made available on or accessed through the site, is provided on an “as is”, “as available” basis without representations or warranties of any kind, whether express or implied, including but not limited to non-infringement of third party rights, merchant ability or fitness for a particular purpose. OTTP does not warrant that the site or its functions, features or content contained therein will be uninterrupted, error-free, secure, and free of viruses or other harmful material, complete, accurate, and timely or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users.

Terms and Suspension of the Services. The term of the Services of the website shall commence and be in full force and effective unless except there is any temporary suspend of the provided services due to repair, checking, replacement and/ or breakdown of communication facilities such as computers, etc. which OTTP at its best effort will inform all its existing users.

Limitation of Liability. In no event shall OTTP or its affiliates, and their respective officers, directors, partners, employees, and agents, be liable for any damages (including without limitation direct, indirect, incidental, special, consequential and punitive damages, lost profits, and damages resulting from lost data or business interruption) that are directly or indirectly related to the use of or inability to use this site and its content, materials and functions thereof whether based on warranty, contract, tort, including but not limited to negligence or otherwise, or any other legal theory, even if OTTP has been negligent or has been advised of the possibility of such damages.

Use of materials. You may print or have printed by a third party any downloadable material contained on this Website provided that: (1) the material is solely for non-commercial and personal use; (2) no copyright or other proprietary notice is removed from the material; and (3) the material is not altered in any manner.

Copyrights, Trademarks and Other Proprietary Rights. You acknowledge and agree that all content and materials available on this Website, including but not limited to trademarks, designs, logos, names, text, images, audio and video materials are the property of OTTP (“OTTP’s Proprietary material”) unless otherwise noted. OTTP’s proprietary material is protected under the intellectual property laws throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from OTTP’s Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use OTTP’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of OTTP.

OTTP may search, expose to other website, or use for free as sales promotion and other materials any postings registered by the member or companies, and may copy, display, transmit or distribute such posting or prepare compilation works and the derivative works in the Products and Services provided by OTTP provided, however that in the event the Member or company, who registered the relevant postings, request that OTTP to stop using such posting by deleting certain posting shall be done so.

Communication to Website. All communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Website, whether by e-mail, posting, uploading, or otherwise, will become the exclusive property of OTTP and it will not require to treat any submission as confidential. By transmitting content to this Website, you automatically grant to OTTP a royalty free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights. You agree that OTTP is free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this Website for any purpose whatsoever, including but not limited developing, manufacturing and marketing products, and that OTTP need not provide any compensation or acknowledgment to you in exchange for any such use.

Indemnification. You shall indemnify, defend and hold harmless OTTP, its officers, directors, employees and agents (collectively, the “Indemnified Parties”), from and against any and all claims or demands made by third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to your browsing or use of this Website, content you transmit to this Website, your violation of any rights of another, or your breech of the Terms and Conditions. OTTP reserves the right, at its own expenses, to assume the exclusive defence and control of any matter otherwise subject to indemnifications by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of OTTP.

Termination. This agreement constitutes a binding agreement between you and OTTP until terminated by you or OTTP, which OTTP may do at any time, without notice, in OTTP’s sole discretion. If you become dissatisfied with the Website, in any way, your only recourse is to immediately discontinue the use of the Website.

Governing Law and Jurisdiction. The terms and condition in this Agreement between any users/ buyers shall be governed and abide by the laws of Malaysia. The Malaysian relevant court shall be the competent court of first instance for any litigation arising from disputes.

Notices and Disclosure. Except if explicitly stated otherwise, any notices shall be given by e-mail to, in the case of OTTP: info@staythirsty.com.my , or in the case of a user to the email address you provide to OTTP. Notice shall be deemed given 24 hours or the next working day after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

Outside of Malaysia. This website is intended for use mainly within Malaysia and it’s residents of the legal drinking and purchasing age. OTTP makes no claims that the content of this Website is appropriate or may be downloaded outside of Malaysia. If you access this website from outside of Malaysia, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. A reference to a particular product or service does not imply that OTTP intends to make such products or services available in all countries.

General Provisions. If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or OTTP to exercise or enforce any rights or provisions of the terms and conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Website or the terms and conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The terms and conditions comprise the entire agreement between you and OTTP and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the terms and conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms and Conditions.

Contact Us, at info@staythirsty.com.my if you have any questions about the terms and conditions, the practices, or to share your experience on the Website. All rights reserved for Omega Trident Trading PLT Products distributed in the website are imported and/ or distributed by group of licensed suppliers. Omega Trident Trading PLT is committed that all the products distributed are from of original sources.

 
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