Overview
Welcome to The Rooted Club, operated by Akhand Skylogistics Sdn. Bhd. ("The Rooted Club", "we", "us", or "our"). We operate this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). The Rooted Club is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Section 1 - Access and account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our products
We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.
We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to how they're depicted in our online store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person or region, on a case-by-case basis.
Section 3 - Orders
When you place an order, you are making an offer to purchase. The Rooted Club reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Rooted Club confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Return and refund policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Section 4 - Prices and billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping, handling, customs, or import charges.
We may, from time to time, run promotions on the Services that affect pricing and are governed by terms separate from these Terms. Where there is a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store, and to promptly update this information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the payment method for the purchase, (iii) charges incurred by you will be honored by your bank or card issuer, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling charges and all applicable taxes, if any.
Section 5 - Shipping and delivery
Shipping locations, timeframes, and fees are set out in our Shipping policy. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, risk of loss passes to you.
Section 6 - Intellectual property
Our Services, including but not limited to all trademarks, brand assets, text, images, graphics, product photography, and the design and arrangement thereof, are owned by The Rooted Club or its licensors and are protected under Malaysian and international copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Nothing in these Terms grants any license or right to you under any patent, trademark, copyright, or other intellectual property of The Rooted Club, Shopify, or any third party. Unauthorized use of the Services may be a violation of Malaysian intellectual property laws. All rights not expressly granted here are reserved by The Rooted Club.
The Rooted Club's name, logo, product names, designs, and slogans are trademarks of The Rooted Club or its licensors. You must not use these trademarks without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services belong to their respective owners.
Section 7 - Optional tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge that we provide access to such tools "as is" and "as available" without any warranties or endorsement. We have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk, and you should familiarize yourself with the relevant third party's own terms.
We may, in the future, offer new features through the Services. Such new features are also subject to these Terms of Service.
Section 8 - Third-party links
The Services may contain materials and hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you leave the Services to access these materials, you do so at your own risk.
We are not liable for any harm related to your access of third-party websites or your purchase or use of any products or services on them. Please review third-party policies carefully before you engage in any transaction with them. Complaints regarding third-party products or services should be directed to the third party.
Section 9 - Relationship with Shopify
The Rooted Club is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with The Rooted Club. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and The Rooted Club, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with The Rooted Club.
Section 10 - Privacy policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read both policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit will be transmitted to and shared with Shopify, as well as third parties that may be located in other countries, in order to provide services to you.
Section 11 - Feedback
If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such Feedback for any purpose, including commercial use.
You represent that (i) you own or have all necessary rights to the Feedback you submit, (ii) you have disclosed any compensation received in connection with it, and (iii) your Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, pay compensation for it, or respond to it.
We may, but are not obligated to, monitor, edit, or remove Feedback we determine to be unlawful, offensive, or otherwise objectionable, or in violation of these Terms.
You agree that your Feedback will not violate any third party's rights, contain unlawful or abusive content, or contain malware. You may not use a false email address or otherwise mislead us as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy.
Section 12 - Errors, inaccuracies, and omissions
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any such errors and to change or update information, or cancel orders, at any time without prior notice, including after you have submitted an order.
Section 13 - Prohibited uses
You may access and use the Services for lawful purposes only. You may not use the Services to: (a) engage in any unlawful or malicious activity; (b) violate any Malaysian law or regulation; (c) infringe our intellectual property rights or those of others; (d) harass, abuse, or harm any of our employees or any other person; (e) transmit false or misleading information; (f) send spam or unsolicited promotional material; (g) impersonate any other person or entity; or (h) engage in any conduct that restricts or inhibits others' use of the Services, or which we determine may harm The Rooted Club, Shopify, or users of the Services.
You also agree not to: (a) upload viruses or malicious code; (b) reproduce, extract, or resell any portion of the Services; (c) collect or track the personal information of others; (d) use bots, scrapers, or other automated means (including AI agents) to access the Services; or (e) interfere with or bypass the security features of the Services. We reserve the right to suspend or terminate your account at any time, without notice, if we determine you have violated these Terms.
Section 14 - Agents
This section ("Agent Terms") applies if you use, allow, or enable an "Agent" (any software that takes autonomous or semi-autonomous action on behalf of a person, without direct supervision) to access or interact with the Services.
No Agent may access the Services unless it: (i) identifies itself as an Agent in all requests, including the agent name in the request's user agent string; (ii) does not conceal that it is an Agent, including by mimicking human behavior or bypassing CAPTCHAs; (iii) responds truthfully to any prompt asking whether it is a human or a computer; and (iv) does not circumvent any measure intended to control how Agents access the Services. We may limit, including through technical measures, whether and how any Agent accesses the Services.
Section 15 - Termination
We may terminate this agreement or your access to the Services at our sole discretion, at any time, without notice. You will remain liable for all amounts due up to the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
Section 16 - Disclaimer of warranties
The information presented on the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on it is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services.
EXCEPT AS EXPRESSLY STATED BY THE ROOTED CLUB, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NOTHING IN THIS SECTION AFFECTS ANY RIGHTS YOU HAVE AS A CONSUMER UNDER THE CONSUMER PROTECTION ACT 1999 (MALAYSIA) THAT CANNOT BE EXCLUDED BY AGREEMENT.
Section 17 - Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY MALAYSIAN LAW, IN NO CASE SHALL THE ROOTED CLUB, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. THIS LIMITATION DOES NOT AFFECT ANY STATUTORY RIGHTS YOU HAVE AS A CONSUMER THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
Section 18 - Indemnification
You agree to indemnify, defend, and hold harmless The Rooted Club, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, arising from: (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim; a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced as a result. We may control the defense and settlement of such a claim at your expense but will not settle any claim requiring non-monetary obligations from you without your consent. You will cooperate in the defense of any indemnified claim.
Section 19 - Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion will be severed, without affecting the validity of the remaining provisions.
Section 20 - Waiver; entire agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms of Service, together with any policies posted on this site, constitute the entire agreement between you and The Rooted Club regarding your use of the Services, superseding any prior agreements or communications, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 21 - Assignment
You may not transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer or assign these Terms and our rights and obligations without notice to you.
Section 22 - Governing law
These Terms of Service, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the laws of Malaysia. You and The Rooted Club agree to submit to the exclusive jurisdiction of the courts of Malaysia for any disputes arising from these Terms or your use of the Services.
Section 23 - Headings
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
Section 24 - Changes to Terms of Service
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update or change any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of the Services after any changes are posted constitutes acceptance of those changes.
Section 25 - Contact information
Questions about these Terms of Service should be sent to us at hello@therootedclub.com.
Our contact information:
The Rooted Club (operated by Akhand Skylogistics Sdn. Bhd.) hello@therootedclub.com 2 Jalan Sri Hartamas 17, Taman Sri Hartamas, 50480 Kuala Lumpur, Malaysia +60 10-955 1237 Company registration no: 202401014343 (1560193-T); sales are subject to Sales and Service Tax (SST) where applicable)
