Store Terms & Conditions of Sale

Last updated: 9 May 2026

1. About these terms

These Store Terms & Conditions of Sale ("Sale Terms") govern the purchase of digital products from the shop located at www.nicholaskew.com/shop (the "Shop"). The Shop is operated by:

Nicholas Kew, an individual trading personally A-3-9 Endah Promenade, No. 5, Jalan 3/149E, Taman Sri Petaling, 57000 Kuala Lumpur, Malaysia Email: qqsubs55@gmail.com

In these Sale Terms, "I", "me", "my", and "Seller" refer to Nicholas Kew. "You", "your", and "Buyer" refer to you.

By placing an order through the Shop, you agree to these Sale Terms. If you do not agree, do not place an order.

These Sale Terms apply in addition to the Website Terms of Use and the Privacy Policy. In the event of any conflict between these Sale Terms and the Website Terms of Use in relation to a purchase, these Sale Terms prevail.

2. Eligibility

To place an order, you must be at least 18 years old and have legal capacity to enter into a binding contract. By placing an order, you confirm that you meet these requirements.

If you are placing an order on behalf of a business or other organisation, you confirm that you have authority to bind that organisation to these Sale Terms.

3. The products

The Shop sells digital products — including but not limited to templates, calculators, agreements, financial models, guides, and similar tools (each a "Product").

Each Product is delivered as one or more files (Word, Excel, PDF, or similar formats, as stated on the relevant Product listing).

Important — these are templates and informational tools. They are starting points to be reviewed and adapted by qualified professionals where appropriate. They are not bespoke solutions and may not fit your specific circumstances.

I make reasonable efforts to describe each Product accurately, but minor variations between the Product description, screenshots, and the delivered file may occur. Such variations do not entitle you to a refund unless the Product is materially different from its description.

4. THIS IS NOT LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE

Read this section carefully. It is the most important part of these Sale Terms.

The Products are informational and educational tools only. They are not advice of any kind, including but not limited to:

  • legal advice;

  • financial, accounting, or tax advice;

  • investment advice;

  • regulatory or compliance advice;

  • business strategy advice tailored to your circumstances; or

  • any other professional advice.

By purchasing a Product, you acknowledge and agree that:

(a) No professional relationship is created. Your purchase does not create a solicitor–client, advisor–client, accountant–client, fiduciary, or any other professional relationship between you and me. I am not your lawyer, accountant, financial planner, tax advisor, or business advisor.

(b) I am not qualified to advise you. I am not a licensed legal practitioner, chartered accountant, licensed financial adviser, or holder of any other professional licence in Malaysia or any other jurisdiction. The Products reflect my personal experience and research only.

(c) You must obtain independent professional advice. Before signing, executing, filing, submitting, or otherwise relying on any document or output produced from a Product — and before making any business, legal, financial, tax, regulatory, or strategic decision based on a Product — you must consult an appropriately qualified and licensed professional in your jurisdiction who has reviewed your specific circumstances.

(d) The Products may be wrong, outdated, incomplete, or unsuitable for you. Laws, regulations, accounting standards, market conditions, and best practices change. The Products may not reflect the law or practice applicable to your jurisdiction, your industry, your business stage, or your specific situation. I do not undertake to update Products after purchase.

(e) You are solely responsible for your use of the Products. Including, without limitation, all decisions, documents, agreements, calculations, projections, and outcomes arising from your use of any Product.

(f) You use the Products entirely at your own risk.

This Section 4 survives termination of these Sale Terms.

5. Licence to use the Product

When you purchase a Product, you receive a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to use the Product on the following terms:

You may:

  • Download the Product to your devices;

  • Fill in, complete, and adapt the Product for use within one (1) single registered business entity that you own. Each separate business, side project, subsidiary, sister company, joint venture, or related entity that you own or are involved with requires its own separate licence — contact me at qqsubs55@gmail.com for a custom multi-licence quote;

  • Print, save, and store copies of the Product for your own internal use within that single business;

  • Share the completed/adapted Product with your own professional advisors (lawyer, accountant, etc.) for the purpose of obtaining advice on your specific use of it.

You may not:

  • Resell, redistribute, sublicense, lease, lend, gift, or otherwise transfer the Product or any copy of it to any third party;

  • Share, upload, post, or make the Product available on any website, file-sharing platform, cloud drive, social media, marketplace, AI training dataset, or other publicly or privately accessible location;

  • Use the Product, in whole or in part, to create a derivative product, template, or tool that you sell, license, or distribute to others;

  • Use the Product to provide services to third parties on a paid or unpaid basis (for example, you may not buy one Product and re-use it across multiple unrelated client engagements as a consultant, advisor, lawyer, accountant, agency, or similar service provider);

  • Use the Product across multiple unrelated businesses (each separate business requires its own licence — contact me for multi-business pricing);

  • Remove, obscure, or alter any copyright notice, branding, watermark, or other proprietary notice in the Product;

  • Use the Product to train any artificial intelligence, machine learning, or large language model system;

  • Use the Product for any unlawful purpose.

I retain all intellectual property rights in the Product. Nothing in these Sale Terms transfers ownership of the Product to you. The licence granted under this Section 5 is the only right you receive.

Breach of this licence. If you breach this Section 5, the licence terminates automatically and immediately, without prejudice to any other right or remedy I may have. I may seek injunctive relief, damages, account of profits, and any other available remedy.

6. Pricing, taxes, and currency

All prices are stated in Malaysian Ringgit (MYR) unless otherwise indicated.

Prices are inclusive of any applicable Malaysian Sales and Service Tax (SST) or other Malaysian taxes, unless stated otherwise on the Product listing.

If you are based outside Malaysia, you are responsible for any taxes, duties, levies, or charges that may apply in your jurisdiction (including, where applicable, VAT or GST on digital services). These are not included in the Product price.

I may change prices at any time. The price applicable to your order is the price displayed at the time you complete checkout.

7. Order, payment, and acceptance

Placing an order. When you click "Pay", "Buy", or the equivalent at checkout, you make a binding offer to purchase the Product on these Sale Terms.

Payment. Payment is processed exclusively by PayPal. By placing an order, you authorise PayPal to charge you in accordance with their terms. I do not see, store, or have access to your card or bank account details. PayPal's terms and privacy policy apply to your payment.

Acceptance. A binding contract between you and me is formed when payment clears and I make the Product available for download. I reserve the right to refuse or cancel any order before that point, including in cases of suspected fraud, technical error, pricing error, or unavailability of the Product.

Receipt. PayPal will issue you a payment receipt. If you require a tax invoice in any specific format, contact me at qqsubs55@gmail.com.

8. Delivery

Delivery is electronic and immediate. After payment clears, you will receive an email containing a download link or download instructions for the Product.

It is your responsibility to:

  • Provide a valid and monitored email address at checkout;

  • Check your spam, junk, and promotions folders if you do not receive the email;

  • Download the Product within the time the link remains active (typically 7 days, but check the email);

  • Save the Product to your own devices and back it up.

If you do not receive your download email within 24 hours of payment, contact me at qqsubs55@gmail.com and I will resend it.

I am not responsible for delivery failures caused by:

  • Incorrect email address provided by you;

  • Email blocked, filtered, or rejected by your email provider;

  • Your inability to access or download the Product due to your own systems, software, or internet connection.

9. Express consent to immediate digital delivery

By placing an order, you expressly consent to the Product being made available to you immediately, before any cooling-off, cancellation, or withdrawal period that might otherwise apply has expired.

You acknowledge and agree that, by giving this consent, you lose any right of withdrawal, cancellation, or cooling-off that you might otherwise have under your local consumer protection law in respect of digital content delivered immediately — including, where applicable, the 14-day right of withdrawal under EU Directive 2011/83/EU (the Consumer Rights Directive) and equivalent UK legislation.

This express consent is required and given as a condition of purchase.

10. Refunds and returns

Because Products are digital and delivered immediately, all sales are final and non-refundable once the download link has been sent to you, except as set out in this Section 10 or as required by mandatory applicable law.

I will, however, consider refunds in the following limited circumstances:

(a) The Product file is corrupt, incomplete, or technically broken and I am unable to provide a working replacement within a reasonable time;

(b) You were charged twice for the same Product due to a technical error;

(c) The Product is materially different from its description on the Shop page (minor variations and the buyer's subjective view of value do not qualify);

(d) Mandatory consumer protection law in your jurisdiction requires a refund — for example, certain non-conformity rights under Malaysian consumer law, EU consumer law, or UK consumer law that cannot lawfully be excluded.

To request a refund, email qqsubs55@gmail.com within 7 days of the date of purchase, with your order details and a clear description of the issue. I will respond within 7 working days. Approved refunds will be processed via PayPal to the original payment method.

Refunds are not available for: change of mind; the Product not meeting your subjective expectations or assumptions; lack of compatibility with your software (where compatibility was stated on the Product listing); your inability to use the Product due to lack of skill or knowledge; or any reason arising from your failure to read the Product description before purchase.

11. Warranties and disclaimers

To the maximum extent permitted by law:

(a) The Products are provided "as is" and "as available", without any warranty or representation of any kind, whether express, implied, or statutory.

(b) I do not warrant that the Products are accurate, complete, current, suitable for your purposes, compliant with any specific law or regulation, free of error, or fit for any particular purpose.

(c) I do not warrant that the Products will achieve any specific outcome, result, profit, saving, success, or benefit for you or your business.

(d) All implied warranties — including warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement — are disclaimed to the fullest extent permitted by law.

(e) No oral or written information or advice given by me, in correspondence, on social media, in newsletters, in videos, or otherwise, creates any warranty not expressly stated in these Sale Terms.

Nothing in these Sale Terms excludes or limits liability that cannot be excluded or limited under Malaysian law (including, where applicable, certain rights of consumers under the Consumer Protection Act 1999), or under any other mandatory law that applies to you.

12. Limitation of liability

To the maximum extent permitted by law:

(a) I am not liable for any loss or damage arising out of or in connection with your purchase, download, use of, or reliance on a Product, including but not limited to: lost profits, lost revenue, lost savings, lost data, lost opportunities, lost business, business interruption, regulatory penalties, tax liabilities, professional negligence claims against you, third-party claims against you, reputational harm, or any indirect, incidental, special, consequential, exemplary, or punitive damages.

(b) My total aggregate liability to you arising out of or in connection with all Products purchased by you and these Sale Terms is limited to the total amount you actually paid me for the specific Product giving rise to the claim.

(c) This limitation applies regardless of the legal basis of the claim — contract, tort (including negligence), breach of statutory duty, statute, or otherwise — and regardless of whether I was advised of the possibility of such loss or damage.

(d) Each provision of this Section 12 operates separately. If any part is held to be unenforceable, the remaining parts continue in force.

13. Indemnity

You agree to indemnify, defend, and hold me harmless from and against any claim, demand, action, proceeding, loss, liability, damage, fine, penalty, cost, or expense (including reasonable legal fees on a solicitor-and-own-client basis) arising out of or in connection with:

(a) Your use of any Product;

(b) Any document, agreement, calculation, projection, decision, or outcome you produce, sign, file, submit, or rely on using or based on any Product;

(c) Your breach of these Sale Terms, including (without limitation) breach of the licence in Section 5;

(d) Your breach of any law, regulation, or third-party right in connection with your use of a Product;

(e) Any claim by a third party (including any business partner, shareholder, employee, customer, supplier, regulator, or tax authority) arising from your use of a Product.

This Section 13 survives termination of these Sale Terms.

14. Force majeure

I am not liable for any failure or delay in performing my obligations under these Sale Terms caused by events beyond my reasonable control — including, without limitation, internet outages, hosting platform failures (Squarespace), payment processor failures (PayPal), email delivery failures, cyberattacks, government action, natural disasters, pandemics, war, civil unrest, or power failures.

15. Termination

I may suspend or terminate your access to a Product, and the licence granted under Section 5, immediately and without notice, if you breach these Sale Terms. On termination, you must destroy all copies of the Product in your possession or control. Sections 4, 5, 11, 12, 13, and 17 survive termination.

16. Communications about your order

By placing an order, you consent to me sending you order-related emails (order confirmation, delivery, refund correspondence, and similar). These are transactional and not subject to the consent-based rules for marketing emails. Marketing emails — newsletters, community updates, and similar — are sent only with your separate, explicit consent.

17. Governing law and jurisdiction

These Sale Terms are governed by the laws of Malaysia.

Any dispute arising out of or in connection with these Sale Terms, your order, or any Product is subject to the exclusive jurisdiction of the Courts of Malaysia in Kuala Lumpur.

If you are a consumer based in the European Union, European Economic Area, or United Kingdom, this clause does not deprive you of mandatory consumer protections under the law of your country of residence, and you may be entitled to bring proceedings in the courts of your country of residence.

18. Disputes — informal resolution first

Before filing any legal claim, you agree to first contact me at qqsubs55@gmail.com with a written description of your concern, and to allow 30 days for us to resolve the matter informally. This Section 18 does not prevent either of us from seeking urgent injunctive relief at any time.

19. Miscellaneous

  • Severability: if any provision of these Sale Terms is held to be unenforceable, the remainder continues in force, and the unenforceable provision is to be reformed to the minimum extent necessary to make it enforceable while preserving its commercial intent.

  • No waiver: failure or delay to enforce any right is not a waiver of that right.

  • Assignment: you may not assign or transfer your rights or obligations under these Sale Terms. I may assign mine, including in connection with a transfer of the business.

  • Entire agreement: these Sale Terms (together with the Privacy Policy and the Website Terms of Use, and the specific Product listing) form the entire agreement between us regarding your purchase and supersede any prior discussion, representation, or understanding.

  • Language: these Sale Terms are written in English. Any translation is provided for convenience only; the English version prevails in case of conflict.

20. Contact

For any questions about these Sale Terms, your order, refunds, or licensing, contact:

Nicholas Kew qqsubs55@gmail.com