TERMS & CONDITIONS

(Last updated on March 30, 2024)

I. General

These terms and conditions (the "Terms") govern your relationship (hereafter, "You" or "Your," individually) with WUBTOPIA ENTERPRISE ("WUBTOPIA") when You use WUBTOPIA’s online services (the "Services") via this webstore (this "Webstore"). Wherever You see "WUBTOPIA" on the website or in any of the Terms, this means WUBTOPIA and any of its affiliates, subsidiaries or any parent company (including the ultimate parent company) of WUBTOPIA and any subsidiary of any such parent company for the time being. From time to time, WUBTOPIA may use the services of third parties to assist WUBTOPIA in the provision of this Webstore, however, unless otherwise stated, the Services available on this Webstore are provided to You by WUBTOPIA.
By purchasing products via this Webstore, You acknowledge that only this Webstore is controlled by WUBTOPIA and You accept and agree to these Terms (which include WUBTOPIA's Privacy Policy) and You agree that this Webstore, including any transaction You make, is subject to these Terms. If You do not agree to these Terms, You may not use this Webstore.
Orders may only be placed via this Webstore. WUBTOPIA does not accept orders in any other manner, including via telephone.
You should print a copy of these Terms for future reference.
If You have any questions about these Terms please contact WUBTOPIA by emailing: wubtopiaevents@gmail.com
Placing an order via this Webstore may require You to use third party apps to commence and/or complete Your order. As such, when placing an order via this Webstore, You represent and warrant that You have accepted the terms and conditions of said third party apps, as applicable.

II. Changes to These Terms

WUBTOPIA may make changes to these Terms from time to time, which will be effective when posted on this Webstore. WUBTOPIA will not notify You directly/personally of any changes to the Terms; as such, it is encouraged that You check this Webstore regularly for any updates to these Terms. It is expected that You will read these Terms fully prior to any purchase, and Your continued use of this Webstore following the posting of changes will mean You accept those changes.
You will be subject to the policies and Terms in force at the time that You order product(s) from WUBTOPIA, unless any change to those policies or these Terms is required to be made by law or a government authority (in which case it may also apply to orders previously placed by you).

III. Webstore Content

The Services, this Webstore, including, without limitation, all trademarks, music recordings, lyrics, audio and audio-visual clips ("Content") are owned and controlled by or licensed to WUBTOPIA, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of WUBTOPIA or such affiliates, licensors and/or licensees.
Unless otherwise specified, this Webstore and Content are for Your personal and non-commercial use only.
You may not, without WUBTOPIA's express written agreement, use, transfer, copy or otherwise reproduce or modify any part of this Webstore, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.

IV. System Requirements

You may not:

restrict or inhibit any other user from using and enjoying this Webstore or the Services;
act in any way that would damage, disable, overburden, or impair this Webstore or the Services or effect or encourage conduct that would constitute a criminal offense or give rise to civil liability;
upload, post or transmit to, or distribute or otherwise publish through this Webstore any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party‘s rights;
impersonate any person or entity or misrepresent Your affiliation with any other person or entity;
exploit any information or other material obtained on or through this Webstore for commercial purposes;
engage in spamming, flooding, harvesting of e-mail addresses or other personal information, "spidering," "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using WUBTOPIA cookies for purposes which are unrelated to the Services);
attempt to gain unauthorized access to other computer systems through this Webstore or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Webstore; or
reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore, the Contents or the Services.

V. WUBTOPIA’s Software

Software used to provide the Services ("Software") is owned by or licensed to WUBTOPIA, WUBTOPIA's affiliates or WUBTOPIA's software suppliers. All rights in the Software are the sole and exclusive property of WUBTOPIA or WUBTOPIA's suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms and You acquire no other rights in the Software of any sort. In particular, but without limiting the foregoing, You may not:
1. use the Software to transmit any content (including the Content) to WUBTOPIA or to any other person or entity;
2. sell or otherwise distribute any part of the Software;
3. modify, adapt, translate or reverse engineer any part of the Software;
4. attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorized;
5. use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or use the Software for any commercial purpose.

VI. WUBTOPIA’s Products

This Webstore may allow You to:
1. purchase physical products (e.g., apparel and other merchandise);
Shipping and delivery dates for any and all so-called "limited edition" and/or "pre-order" sales of product(s) are not guaranteed unless otherwise specified.
Returns and/or exchanges will never be accepted for so-called "limited edition" product(s).
Products on this Webstore are limited to the sizes, colors and variants listed on this Webstore. If a size or variant does not appear on this Webstore, it is currently unavailable.
If WUBTOPIA decides to offer any additional products on this Webstore, such future products will also be covered by these Terms.

VII. Placing an Order

By placing an order through this Webstore, You warrant that You are legally capable of entering into binding contracts; and You are at least 18 years old.
If You are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Webstore, a parent or guardian should accept these Terms on Your behalf.
Follow the onscreen instructions on this Webstore to place an order.
Items which You select for purchase will automatically be placed in Your "shopping basket." To remove an item from Your shopping basket, simply click on the "remove" (or similar) button next to the item as it appears in Your basket.
Once You have pressed the "checkout" (or similar) button, You will be asked to provide certain information to allow WUBTOPIA, or a service provider engaged by WUBTOPIA, to process Your order (including Your selected payment method and credit card, PayPal, e-wallet or other payment details).
WUBTOPIA cannot change any information on an existing order once it has been processed, including but not limited to, the shipping address, billing information, size, item and/or quantity. If You wish to cancel Your order and place a new order with different information, products or quantities, please follow the Cancellation Policy (set out in Section X as applicable, below).
You will receive an order summary confirmation on screen and/or by email (as long as You have provided WUBTOPIA with a valid email address) acknowledging that WUBTOPIA has received Your order – this does not mean that Your order has been accepted. Your order represents an offer to WUBTOPIA to purchase a particular item which is accepted by WUBTOPIA only when WUBTOPIA sends You an email ("Dispatch Confirmation") confirming (i) in the case of physical products, that the particular product has been dispatched.
WUBTOPIA may reject, modify or cancel Your order for any reason prior to shipping Your order. If WUBTOPIA rejects Your order after payment has already been taken, WUBTOPIA will provide You with a refund in accordance with WUBTOPIA's Refund Policy set out in Section XI (below).
Shipping and delivery dates for Your order are not guaranteed unless otherwise specified. All shipping timelines are estimated. WUBTOPIA is not liable for delays due to carrier, regardless of shipping method.
If You have selected a trackable shipping method at checkout, You will receive tracking information via the email You provided with Your shipping information.
Shipping delays will occur if an incorrect address is provided at the time of checkout. WUBTOPIA is not responsible for any lost packages due to Your provision to WUBTOPIA of an incorrect shipping address at the time of checkout. If the package containing the product(s) You ordered is returned to WUBTOPIA due to a shipping error, WUBTOPIA will contact You, via the email You provided with your shipping information, for an updated address to send the product(s). If WUBTOPIA does not receive a response within ten (10) business days of contacting You, WUBTOPIA reserves the right to refund Your order.
If You have ordered multiple items within a single order, WUBTOPIA reserves the right to either (i) ship Your order once all items become available to ship or (ii) to split Your order containing multiple items into multiple shipments (“Split Shipping”) at WUBTOPIA's discretion. For some orders, WUBTOPIA may offer You the ability to choose Split Shipping during checkout. Split Shipping options may read “Ship Items Separately – As They Become Available” or similar. If You have selected Split Shipping, Your items will ship in separate packages as they become available for shipment. Split Shipping is not available for every order and WUBTOPIA reserves the right to revoke Split Shipping options at any time.
WUBTOPIA may offer expedited shipping options (e.g., Next Day, 2-Day, 3-Day). If You selected an expedited shipping option, Your items will ship together in a single shipment when all items become available to ship, or solely at WUBTOPIA's discretion, WUBTOPIA may split Your order into separate shipments, as items become available. Split Shipping is not available at Your option during checkout for expedited orders. WUBTOPIA reserves the right to revoke expedited shipping options at any time. PLEASE NOTE: expedited shipping timelines are the carrier’s timelines from the date the items are ready to ship from WUBTOPIA's warehouse facilities. For preorders, expedited shipping is based upon when the preorder period is over, and the items are ready to ship. These timelines may vary. The timeline for a preorder will be available via the product page. You should read all product descriptions thoroughly for all applicable details and You should ensure You understand all preorder and shipping timelines prior to selecting Your shipping method.

VIII. General Disclaimer

Unless otherwise specified, product prices already reflect discounts. All offers are limited to stock on hand; no rain checks or vouchers are available unless otherwise noted. Not valid on prior purchases, gift cards, gift certificates, taxes, shipping, or handling and processing charges. Purchaser must pay applicable sales tax, VAT, and/or other taxes as applicable. Offer may not be combined with any other sale, promotion, discount, code, promo, coupon and/or offer. Promotions have no cash value. Offer cannot be sold, transferred, or otherwise bartered. Void where prohibited, taxed or otherwise restricted. Returns or cancellations of any portion of a purchase requires equal forfeiture of offer or amount equal to offer. WUBTOPIA has the right to end or modify any promotion at any time at its sole discretion. Other restrictions may apply. Offers only apply to the Malaysia unless otherwise noted.

IX. Payment

WUBTOPIA may accept some or all of a variety of payment options, including but not limited to Visa, MasterCard, Google Pay, Apple Pay, and other e-wallets. Prices appear on this Webstore are exclude sales tax unless otherwise stated. WUBTOPIA may change the prices for products at any time by posting new prices on this Webstore.
By paying with Your credit or debit card, or any other payment method, You confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
Product prices displayed may exclude delivery charges (which may also include handling, packaging, and other costs in addition to carrier fees), which may be added to the total amount and will be calculated and displayed on screen prior to You submitting Your payment details or finalizing your order. Typically, the purchase will appear on Your credit card or bank statement under the applicable artist or store name, or as WUBTOPIA, or under the name of an applicable technology vendor (such as "Wix"). If You have any questions about what to expect on Your credit card statement, please contact wubtopiaevents@gmail.com.
It is always possible that, despite WUBTOPIA's best efforts, some of the items listed on this Webstore may be incorrectly priced. WUBTOPIA will usually verify prices as part of WUBTOPIA's dispatch procedure so that, where a product’s correct price is less than WUBTOPIA's stated price, WUBTOPIA will charge the lower amount when dispatching the product to You. If a product’s correct price is higher than the price stated on this Webstore, WUBTOPIA will usually, at WUBTOPIA's discretion, either contact You for instructions before dispatching the product, or reject Your order and notify You of such rejection. WUBTOPIA is under no obligation to provide the product to You at an incorrect (e.g., lower) price, even after WUBTOPIA has sent You a Dispatch Confirmation, if the pricing error is obvious and/or could have reasonably been recognized by You.
Billing to Your credit or debit card will take place prior to or at the time of dispatch in respect of physical product(s), at the time of Your purchase or soon afterwards.
WUBTOPIA may use a third-party service provider to process payments, but will ensure that any payment processor engaged by WUBTOPIA will use security to encrypt credit or debit card data.
WUBTOPIA will check all transactions for signs of fraud and may use a third-party service provider to do so. If Your order is flagged for fraud, Your order will be delayed, and eventually a representative will contact You to verify Your information. Please contact wubtopiaevents@gmail.com with any questions related to Your order if You are notified it is flagged for fraud.

X. Cancellation, Return, Delivery and Usage Rules

Cancellation
1. Unless otherwise stated upon placing Your transaction in the product description, or in the checkout, You may cancel Your purchase of physical products at any time prior to the product being shipped to You, for any reason, by emailing a notice of cancelation to wubtopiaevents@gmail.com, prior to receiving a shipping confirmation.
2. To cancel in accordance with the terms herein, You must inform WUBTOPIA clearly. WUBTOPIA recommends emailing wubtopiaevents@gmail.com with a clear "Notice of Order Cancelation" and Your order number in the subject line of the email.
3. Further details, including an explanation of how to exercise Your right to cancel, may be provided in the Dispatch Confirmation for physical goods. Details of WUBTOPIA's Refund Policy can also be found at Section XI.
Return
1. You may return the item within five (5) days of receiving the product with a valid reason, provided that You follow the specified instructions from WUBTOPIA regarding returns. In this case, You will receive a full refund of the price paid for the product(s) in accordance with WUBTOPIA's Refund Policy set out in Section XI below. Where You order multiple items that are delivered in separate batches, Your five (5) day cancellation period does not begin until the day after the last item has been received by You.
2. You may return the item with the following reasons:
  1. Change of Mind (return with no question asked for items in brand new and original packaging)
  2. Damaged
  3. Defective
  4. Incorrect
  5. Incomplete
3. You will be responsible for the cost of returning the item to WUBTOPIA if You have chosen "Change of Mind" as the reason of return.
4. Return policy exceptions apply to:
  1. The item, by reason of its nature, cannot be returned, or is billed as a "Final Sale" or part of an "All Sales are Final" offer in the applicable product description or checkout page;
  2. Limited edition merchandise or other memorabilia; and
  3. Item that has been worn, washed or in any way damaged by the consumer.
  4. Item noted as nonreturnable cannot be returned.
5. You have a legal obligation to take care of the product while it is in Your possession. If You fail to do so, WUBTOPIA may have a claim against You for reimbursement for any damage caused by You to the product.
Delivery. WUBTOPIA will only deliver products ordered from this Webstore to delivery addresses within Malaysia. Orders with delivery addresses of outside of the Malaysia will be canceled, and WUBTOPIA will provide You with a refund in accordance with WUBTOPIA's Refund Policy set out in Section XI (below). WUBTOPIA will make best efforts to fulfill Your order by the delivery date, or estimated delivery date set out in the Dispatch Confirmation, however, it is understood that circumstances outside of WUBTOPIA's control may delay fulfillment or delivery, including, but not limited to: high-order volumes, holidays, weather, artist signings, preorder delays, manufacturing delays for preorder product, and shipping delays from the content provider for preorder product.
Risk and Title. Products purchased will be at Your own risk of loss from the time of delivery. Ownership of the products will only pass to You when WUBTOPIA receives full payment of all sums due in respect of the products, including delivery charges.

XI. Refund Policy

If You cancel or return Your purchase of products as detailed in Section X above, WUBTOPIA will process the refund due to You as soon as possible. In such event, WUBTOPIA will refund the price of the product in full, provided that You have taken reasonable care of the returned product.
Products which is damaged, defective, incorrect or incomplete, will be refunded in full, including the cost incurred by You in returning the item to WUBTOPIA.
In the event that WUBTOPIA has to cancel Your order after payment has been received from you, WUBTOPIA will notify You of WUBTOPIA's need to cancel Your order and supply You with a refund as soon as possible.
WUBTOPIA will attempt to process any refund using the same method originally used by You to pay for Your purchase.

XIII. Technical Problems

Occasionally, technical problems may delay or prevent delivery of a purchased product. In such event, Your sole remedy will be either a replacement product or a refund, as determined by WUBTOPIA or the relevant third-party supplier as appropriate.
WUBTOPIA will not be liable to You for failures, defects or delays in delivery caused by:

i. Your provision of incorrect information;

ii. Your computer failing to meet the minimum technical requirements for the Services;

iii. Your failure to comply with instructions for use of the Services; or

iv. an event which is outside of WUBTOPIA's reasonable control.

XIV. Ticket Terms

Ticket is controlled by third party entities, and WUBTOPIA and related parties have no control or liability in relation to such third party ticket offers.

XV. Termination

WUBTOPIA may, in WUBTOPIA's sole discretion, terminate Your use of this Webstore without notice if (i) You are in breach of these Terms; or, (ii) if WUBTOPIA believes, in WUBTOPIA's absolute sole discretion, that the Services, the Content or the Software, is unsuitable.
Termination, suspension or cancellation of Your access rights shall not affect any other right or relief to which WUBTOPIA may be entitled, at law or in equity.
Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to WUBTOPIA and WUBTOPIA's licensors (save for any continuing rights which You may have in connection with products which You have purchased from this Webstore).

XVI. Warranty; Liability

WUBTOPIA warrants to You that any goods purchased from WUBTOPIA through this Webstore are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
In relation to WUBTOPIA's supply of products via this Webstore, WUBTOPIA's liability for losses which You suffer is strictly limited to the purchase price paid by You. WUBTOPIA is not responsible for indirect losses which are not foreseeable by You and WUBTOPIA (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
WUBTOPIA shall not be liable for any damages of any kind arising from the use of the products, including but not limited to, a direct, indirect, incidental and/or consequential loss, including lost profits, goodwill or any other intangible loss, even if WUBTOPIA has been advised of the possibility of such loss. If You are an individual consumer, this may not apply to You and instead WUBTOPIA will be liable to You only for the direct and actual loss suffered by You and will not be liable for any indirect, incidental and/or consequential loss, even if WUBTOPIA has been advised of the possibility of such loss.
You agree to indemnify WUBTOPIA, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, arising out of or related to Your breach of these Terms, misuse of the products, or Your violation of any applicable law, rule, regulation or third party right.
This Section does not in any way limit or exclude WUBTOPIA's liability for any matter for which it would be illegal for WUBTOPIA to exclude, or attempt to exclude, WUBTOPIA's liability.

XVII. Transfer Rights and Obligations

The agreement between You and WUBTOPIA created by these Terms (the "Agreement") is binding on You and WUBTOPIA and on WUBTOPIA's respective successors and assigns.
You may not transfer or assign, charge or otherwise dispose of the Agreement, or any of Your rights or obligations arising under it, without WUBTOPIA's prior written consent.
WUBTOPIA may transfer, assign, charge or sub-contract the Agreement, or any of WUBTOPIA's rights or obligations arising under it, at any time during the term of the Agreement, provided that WUBTOPIA remains primarily liable for WUBTOPIA's obligations under the Agreement where applicable.

XVIII. Events Outside WUBTOPIA'S Control

WUBTOPIA will not be liable or responsible for any failure to perform, or delay in performance of, any of WUBTOPIA's obligations that is caused by events outside WUBTOPIA's reasonable control. WUBTOPIA's performance under these Terms is deemed to be suspended for the period that any such event continues, and WUBTOPIA will have an extension of time for performance for the duration of that period. WUBTOPIA will use WUBTOPIA's reasonable efforts to find a solution by means of which WUBTOPIA's obligations may be performed despite such event.

XIX. Resolving Disputes Between You and WUBTOPIA

WUBTOPIA aims to help You with any queries or complaints You may have with the services and goods WUBTOPIA provides. Email WUBTOPIA at wubtopiaevents@gmail.com with any questions or issues.

XX. Miscellaneous

These Terms, together with any documents or links to other terms referred to herein, constitute the whole Agreement between You and WUBTOPIA and supersede and extinguish any prior understandings, agreements or terms between You and WUBTOPIA.
The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
No breach by either You or WUBTOPIA of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
No failure or delay by either You or WUBTOPIA in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either You or WUBTOPIA of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
These Terms shall be binding on and endure for the benefit of each party’s successors in title.
The views and opinions expressed on this Webstore do not necessarily reflect those of WUBTOPIA and its Affiliates.

XXI. Communication

Applicable laws require that some of the information or communications WUBTOPIA sends to You should be in writing. When using this Webstore, You accept that communication with WUBTOPIA will be primarily communicated electronically. WUBTOPIA will contact You by email or provide You with information by posting notices on this Webstore. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that WUBTOPIA provides to You electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English.
All legal notices given by You to WUBTOPIA must be given to WUBTOPIA at the following email address: wubtopiaevents@gmail.com. WUBTOPIA may give notice to You at the email or postal address You provide to WUBTOPIA when placing an order with this Webstore, or by posting the notice on this Webstore. Notice will be deemed received immediately when posted on this Webstore, twenty-four (24) hours after an email is sent or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.
If You have any queries about these Terms, this Webstore or any of WUBTOPIA's Services please contact: wubtopiaevents@gmail.com.