TERMS AND CONDITIONS
The following terms (“Terms and Conditions”) constitute an agreement between you and Jesaree Creatives Sdn. Bhd. (202001029141 (385461-T)), a company incorporated in Malaysia and having its business address at J-06-2, Dataran Glomac, Jalan SS6/18, Kelana Jaya, 47301 Petaling Jaya, Selangor (“Company,” “we” or “our” or “us”).
TERM OF USE
- GENERAL
1.1 You agree that these Terms and Conditions contained herein including the Privacy Policy governs your use of the services (“Services”) provided in our website www.aftereatz.com (“Website”).
1.2 By using the Website, you acknowledge that you have read and agree to these Terms and Conditions and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference.
1.3 If you do not agree to be bound by these Terms and Conditions, please refrain from using the Website.
- REGISTRATION
2.1 The Services are available only to and shall only be used by individuals who can form legally binding contracts under the law. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). If you are under the age of 18, you can use the Services only in conjunction with and under the supervision of your parents or legal guardians. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of such child. By using the Services on behalf of such child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms and Conditions to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms and Conditions on their behalf and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
2.2 You shall be solely responsible for your personal information notwithstanding the Company using and protecting your personal information in accordance with our Privacy Policy which is available at https://www.aftereatz.com/page/personal-data-policy. You acknowledge that no data transmission over the internet can be completely secure, and we cannot give an absolute assurance that your personal information you provide to us will be secure at all times. If you object to your personal information being used, please refrain from using the Website and the Services.
2.3 You acknowledge that if you do not register as a member in our Website, your activity in the Website will be limited.
2.4 Without limiting other remedies, to the maximum extent permitted by law, our Company may at its sole discretion limit your activity, temporarily or indefinitely suspend or terminate your membership and refuse to provide the Services to you if: (a) you breach any Term of Use hereof or any terms incorporated by reference; (b) we are unable to verify or authenticate any information provided to us which we deemed is requisite and necessary; or (c) we believe that your actions may cause financial loss or legal liability to us.
2.5 We reserve the right, to change, modify, add, or remove portions of these Terms and Conditions at any time. Changes will be effective when posted on the Website with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.
- USE OF THE WEBSITE AND/OR SERVICES
3.1 We grant you a non-transferable and revocable license to use the Website and/or Services, subject to these Terms and Conditions, for the purpose of shopping for items / products / services listed on the Website. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted herein without notice to you. You agree that when using the Website, you will not:
3.1.1 use part of the Website reserved for registered members unless you are registered as a member;
3.1.2 interfere with the usage of the Website by others;
3.1.3 use the Website in an illegal manner;
3.1.4 upload, post, email or otherwise transmit any document or information to the Website that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, seditious, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
3.1.5 upload, post, email or otherwise transmit any document or information to the Website that infringes any Intellectual Property Rights of any person;
3.1.6 post or transmit any unsolicited advertising or promotional materials;
3.1.7 attempt to gain unauthorized access to any of the Website, user accounts, computer systems or networks through hacking, password mining or any other means;
3.1.8 upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
3.1.9 interfere with or disrupt the Website, the server hosting the Website, or servers or networks connected to the server hosting the Website.
3.2 Content provided on the Website are solely for informational purposes. Products and services representations expressed on the Website are those of the Seller (as defined below). Submissions or opinions expressed on the Website are those of the Seller posting such content.
3.3 Certain services and related features that may be made available on the Website may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
3.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website or any part of the Services.
3.5 We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Website and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms and Conditions contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any authorised user to the Website and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Website at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3.6 We only provide a venue for the customers to buy items on our Website and you acknowledge that only a third party (“Seller”) will list and sell products on the Website. We will provide delivery of the product to the customer through our appointed logistic providers and to handle any complaint and request for cancellation and/or refunds. To a certain extent, we have no control over, and you agree that we are not responsible or liable for, any of the following:
(a) the quality, safety, morality or legality of any aspect of the items listed;
(b) the truth or accuracy of the listings, the ability of the Seller to sell items;
(c) the true identity, age or nationality of the Seller;
(d) the financial status of the Seller; and
(e) any content posted by the Seller.
3.7 All communications with us shall be done through the features, contact details and functions available on the Website.
- INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge and agree that the copyright and other intellectual property rights in the Website and in all information and materials therein ("Website Content") are owned by the Company, its affiliates, suppliers or licensors unless otherwise expressly indicated. The Website Content is protected by Malaysian and international copyright and trademark laws.
4.2 You agree that you will not do any of the following without our prior written permission:
4.2.1 use our trademarks;
4.2.2 reproduce, copy, modify, merge, adapt, translate, re-publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Website Content available to the public;
4.2.3 transmit or display the Website Content on any computer, system or network which permits electronic access by more than one user at a time;
4.2.4 use, sell, assign, rent, sub-licence or otherwise deal with the Website Content except as permitted by these Terms and Conditions;
4.2.5 reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website Content or use any part of the same to provide or incorporate into, any product of service provided to a third party; or
4.2.6 any other act or omission which infringes the Company’s rights or the rights of the Company’s content suppliers in any way.
4.3 If you are interested in a part of the Website Content solely for your own personal and non-commercial use, you may save a single copy, print one or download one.
- THIRD PARTY LINKS AND ADVERTISING
5.1 The Company provides hyperlinks to third party sites ("Linked Sites") for convenience only, and the inclusion of the hyperlink does not imply any endorsement of the Linked Site by the Company or our affiliates. In addition, the inclusion of third party advertising on the Website (whether with or without hyperlinks) is not an endorsement or recommendation of the third party advertiser by the Company or our affiliates.
5.2. The Company may also use services and/or platform of any third party in our Website and/or in providing the Services to you (“Third Party’s Services”). You acknowledge and agree that Linked Sites and the Third Party’s Services are not under the control of the Company and that we are not liable or responsible for:
5.2.1 any act, omission or negligence of any person who administers or owns any of the Third Party’s Services and/or Linked Sites;
5.2.2 the copyright compliance, legality or decency of any of the Third Party’s Services and/or Linked Sites;
5.2.3 the accuracy or reliability of any information provided by any of the Third Party’s Services and/or Linked Sites;
5.2.4 the privacy policies of the Third Party’s Services and/or Linked Sites;
5.2.5 any goods or services provided by any person who administers or owns any of the Third Party’s Services and/or Linked Sites; or
5.2.6 the performance of any obligation owing to by any person who administers or owns any of the Third Party’s Services and/or Linked Sites.
- REPRESENTATIONS AND WARRANTIES
6.1 You acknowledge and agree that apart from where required by law, the Website, all Website Content and the Services are provided “as is” without warranties of any kind, express or implied. The Company, our parent companies, subsidiaries, affiliates, officers, directors, employees and agents specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
6.2 You acknowledge that, apart from where stated to the contrary on the Website, we have not made any representations or given any warranties:
6.2.1 as to the functionality or content of Services and the Website;
6.2.2 as to the accuracy, or completeness of any of the Website Content;
6.2.3 that access to the Website will be uninterrupted or error free or that the server which stores and transmits the Website Content to you are free from viruses;
6.2.4 that any links contained on the Website shall provide you with any useful information; and
6.2.5 that content provided on the Website and Services are applicable or appropriate for use in locations outside of Malaysia.
- TRANSACTIONS
7.1 All sale and purchase of the products and/or services shall be in accordance with the Terms of Sale, including but not limited to the payment methods, delivery options, additional charges, refund and return policy and warranty, if any.
7.2 The Company is entitled to request for other information for verification purposes, including but not limited to address, contact numbers, contact person name, prior to issuing a confirmation of dispatch.
7.3 To the extent permissible under applicable laws, the Company shall not be held responsible for any transaction not initiated through the Website and entered into between the customer and the Seller directly.
- DISCLAIMER
8.1 To the maximum extent permitted by law, neither the Company nor our affiliates nor the officers, directors, employees and agents of the Company or its affiliates will be under any liability to you, in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:
8.1.1 your use of the Website;
8.1.2 the accuracy, completeness or usefulness of any Website Content or information contained in the Website;
8.1.3 your use of any other websites that the Linked Sites links to;
8.1.4 any goods or services supplied pursuant to these Terms and Conditions; or
8.1.5 failure of the Company to comply with its obligations under these Terms and Conditions.
8.2 If you are dissatisfied with any content on the Website, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services and the Website. You acknowledge, by your use of the Services, that your use is at your sole risk.
8.3 In the event any applicable law does not allow the exclusion of liability set forth above or any part of this exclusion of liability is found to be invalid or unenforceable for any reason, then to the maximum extent permitted by law, the aggregate liability of the Company under such circumstances for liabilities that otherwise would have been limited shall not exceed the price you paid for the Services via the Website.
- LIABILITY AND INDEMNITY
9.1 You agree to indemnify and hold the Company and, if applicable, our parent companies, subsidiaries, affiliates, officers, directors, employees and agents harmless from any claim or demand (including reasonable solicitors’ fees) made by any third party due to or arising out of your breach of these Terms and Conditions or your violation of any law or the rights of any third parties or the use of the Website.
9.2 In no event shall the Company be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the customer as a result of an action brought by a Seller or any third party) even if such loss were reasonably foreseeable or if the Company had been advised by the customer of the possibility of incurring the same.
9.3 Notwithstanding any other provision of these Terms and Conditions, the Company’s maximum cumulative liability to the customer for all losses, shall not exceed the sums that the customer have paid for that particular transaction.
9.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under the Term of Sale.
9.5 No action shall be brought against the Company later than 6 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware.
10. GENERAL
10.1 The Company shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Website’ and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond the Company’s reasonable control.
10.2 Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed, if to the Company, to its registered office or principal place of business and if to the customer, to the address stipulated in the relevant transaction.
10.3 No waiver by the Company of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, the Company’s failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms and Conditions.
10.4 If any provision of these Terms and Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
10.5 No person who is not a party to the contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
10.6 These Terms and Conditions shall be construed in accordance with and shall be governed by the laws in force in Malaysia. You irrevocably submit to and accept the exclusive jurisdiction of the Courts of Malaysia.
10.7 The Company shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
10.8 The Company may, through the Website or by such other method of notification as the Company may designate, vary the terms and conditions of these Terms and Conditions, such variation to take effect on the date the Company specifies through the above means. If customer uses the Website after such date, the customer is deemed to have accepted such variation. If the customer does not accept the variation, the customer must stop access or using the Website.
10.9 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on the Company’s part shall be subject to correction without any liability on the Company’s part.
10.10 In the event that these Terms and Conditions are executed or translated in any language other than English, the English language version of these Terms and Conditions shall govern and shall take precedence over any other languages.
10.11 The Company reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms and Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as the Company deems appropriate.
- CONTACT US
11.1 If you have any questions or queries, contact us using the following email address: [email protected].
TERMS OF SALE
1. INTRODUCTION
1.1 The Website provides a place and opportunity for the sale of products and/or services on the Website (“Products”) by the Sellers. The identity of the Seller for a particular Products listed for sale on the Website, may be stated on the webpage listing such Products.
1.2 When the customer has placed an order on the Website for the purchase of Products sold by the Seller and subsequently paid for the said Products, this shall constitute a contract entered into directly between the customer and the Company.
1.3 Any information made available on the Website in connection with the supply of the Products, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by the Seller are not binding and for information purposes only. In entering into the contract, the customer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided. The Company shall not warrant that such description posted by the Seller is accurate, current or free from error.
1.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by the Company in the Website shall be subject to correction without any liability on the part of the Company.
2. TRANSACTIONS
2.1 Customers may purchase the Products by placing and completing the transaction form on the Website and shall be responsible for ensuring the accuracy of the transaction. In order to complete the transaction, the customer is required to pay the price of the Products in full, including any other fees and/or costs to be incurred for delivery. Each transaction entered into by the customer shall constitute a separate contract and shall be deemed to be irrevocable and unconditional upon transmission through the Website. The Company shall be entitled (but not obliged) to process all transactions without further consent from the customers.
2.2 The price of the Products shall be the price stated on the page where the Product is listed, at the time which the customer places and completes the transaction form. The price includes any applicable sales and services tax, value added tax or similar tax which the customer shall be liable to pay in addition to the price, but it excludes the delivery charges.
3. PAYMENT
3.1 Customer shall be entitled to make payment through the processing bank and/or payment provider nominated by the Company for the Products using the various payment methods made available on the Website.
3.2 The terms and conditions applicable to each type of payment, as prescribed by the Company on the Website, shall be applicable to the contract. The payment methods may also be subject to the following terms:
3.2.1 Credit Card
Credit card payment option is available for all customers. The Company accepts all Visa and MasterCard credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of the customers are protected by industry leading encryption standards.
3.2.2 Debit Cards
The Company accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
3.2.3 Online Banking
By choosing this payment method, the customer shall transfer the amount of the total purchase price for the Products purchased by the customer to the Company’s account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. The Company, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
3.3 Customer may not claim against the Company for any failure, disruption or error in connection with the customer’s chosen payment method. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the customer or giving any reason.
3.4 If the customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend deliveries of the Products until payment is made in full.
3.5 The Company shall not be held responsible for any losses which may arise from payments made directly to the Seller or through payment methods apart from the available payment methods on the Website.
4. DELIVERY
4.1 Delivery of the Products shall be made to the address specified by the customer in its transaction.
4.2 The Company has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Products to any other party as it may from time to time decide without giving notice of the same to the customer.
4.3 Any dates quoted for delivery of the Products are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and the Company shall not be liable for any delay in delivery or performance howsoever caused.
4.4 If the Company has failed to deliver the Products in accordance with the contract or within a reasonable time, the customer shall, by serving a written notice to the Company, be entitled to demand performance within a specified time thereafter and such specified time shall not be more than twenty four (24) hours from the time the written notice is given to the Company. If the Company fails to do so within the specified time, the customer shall be entitled to terminate the contract and claim a refund in respect of the undelivered Products.
4.5 In the event the Products have been delivered to the customer even after such refunds have been claimed by the customer pursuant to Clause 4.4 above, the customer shall immediately notify the Company of the delivery. The property in the Products shall not pass to the customer and the customer shall hold the Products as the Seller’s fiduciary agent and bailee and shall keep the Products separate from those of the customer. The Company shall be entitled at any time to demand the customer to deliver up the Products to the Seller and in the event of non-compliance the Seller reserves its right to take legal action against the customer for the delivery of the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the customer.
5. RETURN, REFUND, CANCEL AND REPLACEMENT OF PRODUCTS
5.1 Customer may only apply for return of the purchased Products in the following circumstances:
5.1.1 the Products delivered to the customer is defective and/or damaged on delivery;
5.1.2 the Products delivered to customer is materially different from the description provided by the Seller in the listing of the Products;
5.1.3 the Products delivered to customer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the transaction; or
5.1.4 such other circumstances which may be prescribed by the Company on the Website.
5.2 Customer may initiate the replacement or refund process by communicating with the Company through the Website, by completing the relevant form on the Website as soon as possible. The customer shall also provide brief description of the Products received and photos of the Products to support the request. The Company reserves its rights to decide whether refund or replacement will be made to the customer within forty eight (48) hours from the time such request is received by the Company. In the event the Company fails to provide any remedy for the request, a full refund will be made to the customer and such refund will be made as soon as practicable.
5.3 Upon payment for the Products, the customer may cancel or amend the transaction within twelve (12) hours from the time of payment by notifying the Company of such request. [S1] Any costs and expenses to be incurred to fulfil the amendment or cancellation request shall be borne by the customer. The Company is entitled to request for other information for verification purposes, including but not limited to address, contact numbers, contact person name, prior to issuing a confirmation of dispatch.
5.4 To ensure that customer is satisfied with the Products, the customer should inspect the contents as soon as the order arrives.
5.5 All refunds shall be made via the Company to the customer directly. The Company offers no guarantee of any nature for the timeliness of the refunds. The Company reserves the right to modify the mechanism of processing refunds at any time without notice.
6. RISK AND PROPERTY OF THE PRODUCTS
6.1 Risk of damage to or loss of the Products shall pass to the customer at the time of delivery or if the customer wrongfully fails to take delivery of the Products, the time when the Company has tendered delivery of the Products.
6.2 Notwithstanding delivery and the passing of risk in the Products or any other provision of these Terms of Sale, the property in the Products shall not pass to the customer until the Company has received in cash or cleared funds payment in full of the price of the Products and all other goods agreed to be sold to the customer for which payment is then due.
6.3 Until such time as the property in the Products passes to the customer, the customer shall hold the Products as the Company’s or the Seller’s fiduciary agent and bailee and shall keep the Products separate from those of the customer.
6.4 The customer agrees with the Company that the customer shall immediately notify the Company of any matter from time to time affecting the Seller’s title to the Products and the customer shall provide the Company with any information relating to the Products as the Company may require from time to time.
6.5 The customer shall indemnify the Company or the Seller against all loss damages costs expenses and legal fees incurred by the customer in connection with the assertion and enforcement of the Company’s or the Seller’s rights under this condition.
7. TERMINATION
7.1 The customer may terminate the contract within twelve (12) hours from the time full payment is made by the customer for the said Products, by written notice to the Company through the relevant contact or chat site provided in the Website. If after twelve (12) hours after the payment is made, the customer may not terminate the contract but may only return the Products in accordance with Clause 5 of these Terms of Sale.
8. WARRANTIES AND REMEDIES
8.1 Subject as expressly provided in these Terms of Sale, all other warranties, conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
8.2 Subject to this Clause 8 of these Terms of Sale, the Seller warrants that the Products will correspond with their specification at the time of delivery and agrees to remedy any non-conformity therein for the period specified in the relevant site where the Products were purchased, which shall commence from the date on which the Products are delivered or deemed to be delivered ("Warranty Period").
8.3 The warranty concerning the Products above is given subject to the following conditions:
8.3.1 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to the Company or the Seller;
8.3.2 any description given of the Products is given by way of identification only and the use of such description shall not constitute a sale by description;
8.3.3 the Seller shall be under no liability for the following measures and actions taken by the customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of the Seller, addition and insertion of parts;
8.3.4 the Company shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
8.3.5 the Company shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the Warranty Period.
8.4 Where there is any defect in the quality or condition of the Products or where the Products fail to correspond with specification, the customer may apply to return the defective and/or damaged Products to the Company in exchange for a replacement or a refund, subject always to the discretion of the Company.
8.5 When the Company has provided replacement Products or given the customer a refund, the non-conforming Products or parts thereof shall become property of the Seller.
9. LIABILITY
9.1 In no event shall the Company be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the customer as a result of an action brought by a customer or any third party) even if such loss were reasonably foreseeable or if the Company had been advised by the customer of the possibility of incurring the same.
9.2 The remedies set out in Clause 8 of these Terms of Sale are the customer’s sole and exclusive remedies for non-conformity of or defects in the Products and the Company’s liability for the same shall be limited in the manner specified in Clause 8 of these Terms of Sale.
9.3 Notwithstanding any other provision of these Terms of Sale, the Company maximum cumulative liability to the customer or to any other party for all losses under, arising out of or relating to the sale of products under each contract, shall not exceed the sums that the customer has paid to the Company under such contract.
9.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Term of Sale.
9.5 No action shall be brought against the Company or the Seller later than 6 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 6 months after the end of the Warranty Period.
10. GENERAL
10.1 Neither the Company nor the Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Website’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond the Seller’s and the Company’s reasonable control.
10.2 Any notice required or permitted to be given by either party to the other under these Terms of Sale shall be in writing addressed, if to the Company, to its registered office or principal place of business and if to the customer, to the address stipulated in the relevant transaction.
10.3 No waiver by the Company of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, the Company’s failure to enforce these Terms of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Sale.
10.4 If any provision of these Terms of Sale is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Terms of Sale and the remainder of the provision in question shall not be affected thereby.
10.5 No person who is not a party to the contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
10.6 The contract shall be governed by the laws of Malaysia and the customer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia.
10.7 The Company shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
10.8 The Company may, through the Website or by such other method of notification as the Company may designate, vary the terms and conditions of these Terms of Sale, such variation to take effect on the date the Company specifies through the above means. If customer uses the Website after such date, the customer is deemed to have accepted such variation. If the customer does not accept the variation, the customer must stop access or using the Website and terminate these Terms of Sale.
10.9 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on the Company’s or the Seller’s part shall be subject to correction without any liability on the Company’s or the Seller’s part.
10.10 In the event that these Terms of Sale are executed or translated in any language other than English, the English language version of these Terms of Sale shall govern and shall take precedence over any other languages.
10.11 These Terms of Sale shall constitute the entire agreement between the customer and the Company or the Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
10.12 The Company reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as the Company deems appropriate.
