Terms & Conditions

TouchPoint Solutions Sdn. Bhd. (Company Registration Number 1156409-W ), a company incorporated in Malaysia, (“TouchPrint”, “our” or “us”) has provided this website https://www.TouchPrint.com.my/ (“Website”) and all products and/or services subject to the terms and conditions set out below (“Terms and Conditions”).

Please carefully read these Terms and Conditions, which serve as the contents of the legal agreement between you and us, and which may be modified from time to time at TouchPrint’s sole and absolute discretion without prior notice. These Terms and Conditions provide you with a detailed overview of what you must consider before accessing and using the Website, and/or purchasing TouchPrint’s products and services. If you do not agree with these Terms and Conditions, please immediately discontinue and do not access or use any information on the Website, or submit an order to purchase any of the products and services. If you have any queries about these Terms and Conditions please contact us at sales@touchprint.com.my.

1. General

CUSTOMER ACCOUNT REGISTRATION

a. The Website can be used without registering an account. However, registration is required to purchase the products and services. This is a quick, easy and free process. An email address is required to register and by providing one, you allow TouchPrint to contact you for the purposes set out in these Terms and Conditions.

b. You will be asked to provide consent to these Terms and Conditions at the point of creating an account on the Website. By ticking the acceptance box, you agree to these Terms and Conditions, as well as TouchPrint and our representatives’ collection, use and disclosure (including overseas transfer) of your Personal Data (being any data or information about you from which you can be identified either (A) from that data; or (B) from that data and other information to which we have or are likely to have access), as well as our representatives’ use, collection and disclosure of such Personal Data to our authorised service providers and/or any relevant third parties in accordance with these Terms and Conditions.

c. You must be 18 years or older to register an account with TouchPrint. If you are under 18 years old, you must be represented by your parents, or legal guardian(s) in all interactions with TouchPrint.

d. If you are registering on behalf of a legal entity, you also represent and warrant that you are authorised to act on behalf of the legal entity to enter into contractual arrangements, to bind the legal entity to the Terms and Conditions, and register with us an account for and on behalf of the legal entity. In these Terms and Conditions, all references to “you” and “yourself” means the account holder, whether an individual or other legal entity.

e. You agree to provide true, accurate, current and complete information about yourself and that you will immediately update such information when it changes. Information found to be false or incorrect may lead to your account being suspended or terminated along with any associated orders. If a dispute arises from information being incorrectly entered by you, TouchPrint shall not be held liable for any costs incurred.

f. You are responsible for all products and services ordered on your account, and agree to securely store and protect your account information. If you become aware of any unauthorised use or possible compromise of your credentials, you must immediately notify TouchPrint in writing. If any products and services were ordered with a compromised account TouchPrint will investigate. Payment for any costs incurred by a compromised account may still be required.

g. TouchPrint will comply with lawful requests and court orders to release information to law enforcement, relevant enforcement bodies or as part of active legal proceedings.

h. To terminate your account, please contact us at sales@touchprint.com.my.

Placing an Order and Payment Procedures

a. All products and services are subject to availability. TouchPrint reserves the right to reject any order at any time, in its sole and absolute discretion, with no reasons required to be given. Orders are only confirmed upon your receipt of a written order confirmation from TouchPrint.

b. TouchPrint’s products and services may be modified at any time due to constant product development. TouchPrint cannot guarantee to deliver the exact same products and services when reordering at a later point in time.

PAYMENT METHODS, OBLIGATIONS OF PAYER, AND TRANSFER OF OWNERSHIP

c. TouchPrint accepts several payment methods including Credit Card, bank transfer, online bank payment, and credit invoices under certain circumstances. When choosing a payment method, you agree that:

  • You have the relevant authority to use the payment method;

  • You have sufficient funds or credit facilities in place, and;

  • We may provide you with further instructions or terms that you must follow and agree to before using your chosen payment method.

d. TouchPrint reserves the right to request and obtain validation of your payment method before processing your payment. If the transaction is rejected, the associated order may be cancelled.

e. Bank transfers: The order will only be processed when the payment is clear and available in TouchPrint’s accounts. You must also upload proof of payment (such as a payment or deposit receipt).

f. Please be aware of the different payment timelines. Orders cannot be processed until the funds have cleared.

g. Transfer of ownership in any product will only take place upon TouchPrint providing you with confirmation of receipt of full payment.

CURRENCY AND TAXES

h. Prices on the Website are stated in Malaysian Ringgit and are inclusive of whenever it applies. You are responsible for any other applicable taxes or custom duties that may be incurred.

i. The price includes packaging and delivery charges but excludes shipping insurance. Any changes requested by you after the order confirmation may incur additional costs (such as for proof prints).

PROMOTIONS, DISCOUNTS, OR WRONGLY DISPLAYED PRICES

k. TouchPrint reserves the right to cancel or reject coupons or promotional prices at any time without providing any reason.

l. In the event of a genuine error, TouchPrint reserves the right to cancel orders placed with incorrect prices (for example if there is a typographical or technical error resulting in incorrect prices being displayed on the Website or elsewhere).

3. Preparing Your Own Artwork or Using Our Design Templates/Services

INTRODUCTION ARTWORK AND DESIGN SERVICE

a. We may from time to time offer the following options when using our printing service:

  • File Upload. Our experts will still conduct a standard check and proof prints can be done for an additional fee;

  • Design Service. Our experts will engage with you to create a custom design (some products and services include this service at no extra cost while there may be charges for others );

  • Design Templates. Choose and customise from our large range of templates.

FILE UPLOAD

b. To ensure a quality of products and services, it is important to be as clear and specific as possible and to provide a responsive form of communication. Additionally, please consider the file preparation instructions on TouchPrint’s website in order to minimise the likelihood of a mistake occurring.

c. The supplied artwork files must be in the specified image format and size.

DESIGN SERVICE

d. The quicker and easier it is to communicate with you, the quicker TouchPrint will be able to process your order. Please be as responsive as possible in order to ensure that we can minimise delays. Depending on the service, there will be different feedback deadlines. Failure to meet these may delay the order. If no feedback is received within 7 days TouchPrint may cancel the order. You may be liable for costs we have incurred before cancelation, if the costs were incurred at your instruction.

e. If you provide TouchPrint with any text, images, designs, or other content for incorporation into the design service order, you agree to provide any and all necessary information claiming the right and authority to use such text, images, designs, or any other content provided and that use of such does not conflict with any trademark, copyright, or other right.

f. TouchPrint reserves the right to refuse to accept a design service order or to cancel design service order prior to completion at any time and for any reason.

g. TouchPrint reserves the right to use any designs and/or your finished design service project products as sample work for advertising, promotional and for internal purposes.

h. TouchPrint will not be liable for missed deadlines or delays and will not refund customers should there be a delay due to the design process, customers’ delay in approving proposals or communicating with TouchPrint staff.

i. All design delivery times are estimates. They can vary based on the order. TouchPrint is not responsible for any late design service orders that may impact customers project timeline and/or printing.

j. Once you have approved the final design, you agree that TouchPrint is not responsible for any errors within the design, including spelling and grammatical mistakes.

DESIGN TEMPLATES/FINAL CHECK

k. When preparing your own artwork or reviewing our design proposal, please carefully watch out for avoidable mistakes before you send/approve the artwork. This includes, but is not limited to:

  • Spelling, spacing, grammatical errors;

  • Damaged fonts;

  • Transparency issues;

  • Incorrect file uploads;

  • Imperfect bleed or colour conversions;

  • Low resolution graphics and images;

  • User selected options such as size, quantity, and paper.

TouchPrint’s design team will do their best to be mindful of these issues but cannot take any responsibility for the above-mentioned issues.

l. It is important to ensure foreign fonts or scripts (e.g. Chinese or Thai) are displayed correctly.

DEVIATIONS

m. No print run is identical, and deviations may happen due to different techniques and materials. Potential deviations and how we propose to resolve any issues are discussed below, to ensure the products and services stays as true as possible to the design.

n. Colour Deviations. Our experts are eager to deliver the highest quality to you. However, colour deviations do occur and accuracy may slightly deviate from the provided artwork files. When placing an order with TouchPrint, you accept certain limitations regarding the colour accuracy. This includes, but is not limited to:

  • There is no guarantee for the same colour as compared to the screen or online proof colours. There may be significant changes when changing from the screen calibrated RGB to the printer based CMYK profile. Moreover, each screen can show different colors, independently of the exact color profile;

  • The same colours as previous print runs;

  • The same colours compared to digital proof colours, up to 5 % deviation;

  • The same colour within a print-run (first vs. last pages).

o. Deviation in physical dimensions (Size/Cutting/Etc.).

  • The deviation in size can be up to 3mm;

  • The deviation of the cutting position can be up to 2mm;

  • Orders can be printed with up to 5% variation in size;

  • The position of folding can deviate up to 1mm;

  • Imperfect hot stamp registration can be up to 0.5mm;

  • Imperfect spot UV registration can be up to 0.5 mm;

  • Imperfect embossing registration can be up to 0.5 mm;

  • Bleed mirroring deviation in case of customers’ artwork not following suggested bleed guidelines.

DEVIATIONS IN QUANTITY

p. TouchPrint makes no guarantee that every order will equal the exact amount of the items ordered. There might be a deviation of above or below the ordered amount. In the unlikely case of an under-run:

  • Store credit will be provided (to be used for next orders) or;

  • TouchPrint will directly refund you (Pro-rata adjustment – item price multiplied by missing quantity).

PROOFING PROCESS

q. TouchPrint offers different methods of proofing before releasing your order to production. Some are included in the design price and some will be available at an additional cost. We mainly distinguish between:

  • Online proof: Included in the purchase price. The purpose of the online proof is to check whether all the elements are in place, and not to check the color accurrary. Hence, it can display significant differences to the final product in terms of color accuracy;

  • Digital Proof Print: Charged on an item by item basis. The proof print is color-proof and will be closer to the final product, with a possible deviation of up to 20%.

r. Unless conveyed to and agreed by TouchPrint, the proof print will not be laminated and may not be on the same paper type/specifications/size as what you have ordered for the final product.

PROMOTIONAL PRODUCTS

s. Promotional products might have +/- 5% colour deviation both within the same and especially between different orders. Some of the printing colours oxidate over time and / or might change when exposed to light.

t. We will do our best to print on the actual product according to the artwork specification, though it is understood that the print artwork dimensions and location might vary of +/- one centimeter

4. Delivery Conditions

DELIVERY ADDRESS

a. The order will be delivered to the provided shipping address as soon as it is ready.

b. The shipping address must be provided when submitting the order.

c. You may only change the shipping address in special cases and in consultation with TouchPrint, depending on the state of production.

d. TouchPrint will ensure that the order is delivered to the provided address. If the provided address is incorrect or out of date, TouchPrint is not responsible for any costs incurred in delivering the order.

e. Some delivery services may call before delivery, and only deliver if details can be confirmed. If possible, please provide a local phone number that is monitored outside of business hours to ensure timely delivery. Failure to do so could result in delays.

WAY OF TRANSPORT/INSTALLMENTS

f. TouchPrint reserves the right to decide which method of transport to use along with the appropriate delivery service.

g. TouchPrint will decide if the order is to be shipped in one package or separate installments. In the unlikely event that an installment is delayed, you agree that this is not grounds to return any other installment.

LEAD TIME NOT SUBSTANTIAL TO CONTRACT

h. TouchPrint will do its best to ensure delivery within the promised delivery window. However, TouchPrint will not be liable for any loss or expenses arising from any delay.

ACCEPTANCE, PROOF OF DELIVERY, FIRST CHECK

i. You agree to inspect the received products and services on delivery confirming that they are free from any apparent defects or damage.

j. If upon inspection, you notice that the products and services are damaged, you must specifically note the damages and send a signed version immediately to TouchPrint within 7 days of delivery.

k. TouchPrint will not consider any complaints about defects or damaged goods after 7 days have passed after delivery.

l. You agree to not refuse delivery based on a short or delayed delivery of an installment.

RECALCULATION OF DELIVERY DATE

m. Some factors outside of TouchPrint’s control may delay your shipping date. It is possible to prevent most of these issues by being responsive to queries by TouchPrint or the delivery company.

n. Common actions that lead to a delay in receiving your goods:

  • Late submission of documents relating to your payment method (e.g. confirmation of bank transfer);

  • Re-uploading your artwork after the artwork deadline has expired;

  • Uploading artwork which is faulty and needs to be corrected;

  • Late approval or non-approval of proof prints or online proofs;

  • False, inaccurate, out of date, or incomplete delivery address or other required information.

o. TouchPrint will not be held accountable for any costs relating to these above-mentioned actions.

5. Cancellation and Complaint Process

COMPLAINT PROCESS

a. Here at TouchPrint, our overall goal is to make you, our customer, happy. In case you are not satisfied with our products and services, please not do not hesitate to reach out to us – we will do our best to find an appropriate solution. However, when it comes to cancellation of orders we will apply the following conditions:

  • If you cancel the order without a special reason, there will be no refund. Upon consideration by TouchPrint, and where production has not yet started, credit for the paid amount may be generated (with any incurred expenses deducted);

  • You may cancel the order up to 37 days after the estimated date of delivery if TouchPrint has failed to deliver within 30 days of such. It is possible that the estimated date of delivery can be recalculated if, for example, re-upload or proof deadlines from the customer’s side are not respected.

b. If you wish to cancel the order for any of the above mentioned conditions, you must immediately notify TouchPrint in writing. If you have already received your goods, they must be returned in their original packaging, in an unused condition and the full quantity. No refunds can be made until the products and services have been returned in full.

c. Except in the case of faulty products and services which breaches the statutory guarantees set out under the Act 599 Consumer Protection (Act 1999) of Malaysia , complaints will only be considered if the issue is raised to TouchPrint within 7 days from the delivery date.

REPRINT AND RETURNS

d. Reprinting of defective products and services may be an option if feasible. For this to occur, you must return the full quantity of the defective goods. Production lead-times of reprints would stay the same with no artwork changes being permitted.

e. If there are no special reasons for return, then returned items will not be accepted.

REFUND

f. Only the same payment method or bank account that was used to make payment will be accepted to issue a refund. This will need to be approved by TouchPrint management and will be processed within 14 days.

LIMITATION OF LIABILITY

g. To the extent permitted under applicable laws and regulations, TouchPrint’s liability for any failure to comply with applicable laws and regulations or for any claims against us by you is limited to:

  • (i) Replacement of the goods or resupply of the products and services (as the case may be) or alternatively and in our sole and absolute discretion, replacement or supply of what we would deem to be an equivalent products and services);

  • (ii) Repair of any defective goods;(iii) payment of the cost of replacing the goods or acquiring what we would deem in our sole and absolute discretion to be equivalent goods or services; or

  • (iv) Payment of the cost of repairing the defecting goods.

h. TouchPrint is not liable in any way for any:

  • Loss, damage, costs or expenses arising directly (or indirectly) from any failure or delay in performing any obligation under this contract, that is outside the reasonable control of TouchPrint. This includes, but is not limited to strikes, failure of power, governmental restrictions, acts of god and breakdowns in electronic and computer information and communications systems;

  • Digital files sent by you which are accessed or disseminated by third parties outside of TouchPrint’s control.

What Else You Need to Know

WARRANTIES AND GUARANTEES

Subject to applicable laws and regulations, TouchPrint provides no warranty or guarantee except to the extent expressly provided in these Terms and Conditions.

INTELLECTUAL PROPERTY

a. You agree that TouchPrint’s content that includes, but is not limited to, text, software, music, sound, photographs, videos, and any other material may be protected by trademarks, patent copyrights or other intellectual property rights.

b. You agree that you are only allowed to use material and information as expressly authorised by the respective owner.

c. Subject to applicable laws and regulations, TouchPrint is the owner of its trademarks and trade marks used on the Website, as well as all information, documents, images, and materials contained in the Website. Reproduction of same without TouchPrint’s prior written consent will leave you subject to legal penalties.

INDEMNIFICATION

By agreeing to these Terms and Conditions, you agree that you will defend, indemnify and hold us, our affiliates, and each of our officers, directors, employees, attorneys and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal costs and expenses) arising out of or in connection with:

d. Your use or misuse of the products and services and/or Website; and/or

e. Your violation or breach of any of these Terms and Conditions or any applicable laws or regulations, whether or not referenced herein.

DATA PROTECTION

g. The main purposes for which your Personal Data is collected, used or disclosed by TouchPrint, its authorized service providers and/or relevant third parties generally include:

  • Providing you with the products and services;

  • Managing your account;

 

  • Processing payments;

  • Addressing queries, complaints and feedback;

  • Sending you marketing and promotional offers (including loyalty and reward programmes) on products and services and personalised content and advertising based on your preferences or demographics;

  • Conducting market research, understanding and determining customer location, preferences, and demographics for us to review, develop and improve our products and services;

  • Facilitating business asset transactions;

  • Protecting and enforcing our contractual and legal rights and obligations; compliance with any applicable laws, regulations or guidelines; and any other purposes in relation to the above.

 

h. You agree that we may use your contact details to send you promotional and marketing offers regarding our products and services. This may include the use of direct mail, landline phone, mobile phone, email, SMS, MMS and any other means that may be available.

i. Should you have any queries in relation to your Personal Data, wish to withdraw consent to the use of your Personal Data, obtain access to or make corrections to your Personal Data records, please contact TouchPrint’s Data Protection Officer at sales@touchprint.com.my.

j. We may publish a Privacy Policy or similar data-related policy on the Website. We agree to abide by any such policy, as amended by us from time to time. By accepting these terms you acknowledge that you have read and agree with any such policies on the Website.

REJECTION DUE TO INAPPROPRIATE CONTENT

k. TouchPrint reserves the right to reject any orders for our products and services where we, in our sole discretion, deem the content to be inappropriate in our sole and absolute discretion. Inappropriate content includes, without limitation, any content that is unlawful, harmful, threatening, pornographic, discriminatory, profane or offensive, as well as anything that goes against moral and decent manners or could generate compensation claims, or harm unrelated parties.

COMMUNICATIONS

l. All communications with TouchPrint shall be by way of email and addressed to sales@touchprint.com.my.

WEBSITE

m. TouchPrint is not liable for any costs resulting from any errors on the Website or if the Website is not available for any reason.

MODIFICATION OF TERMS AND CONDITIONS

n. All content on the Website, including but not limited to these Terms and Conditions, may be modified at any time at our sole and absolute discretion without prior notice. If you do not agree with any of the modified Terms and Conditions, please immediately discontinue and do not access or use any information on the Website, or submit an order to purchase any of the products and services.

REMEDIES AND WAIVERS

o. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by applicable laws and regulations or otherwise. No failure or delay by TouchPrint in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of that right, power or privilege; and no single or partial exercise by TouchPrint 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.

GOVERNING LAW AND JURISDICTION

p. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. By accessing this Website or purchasing any products and services through the Website, you hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia.