Terms and Conditions | airasia fresh

TERMS AND CONDITIONS FOR CONSUMER

Welcome to airasia.com/fresh.

 

This Website (airasia.com/fresh) is owned and operated by Teleport Platforms Sdn Bhd (formerly known as Teleport Social Sdn. Bhd.) By accessing this website, you acknowledge that you accept these Terms and Conditions. In the event that you do not understand or accept any of the terms set out herein, you should discontinue your use of this Website.

 

We reserve the right to amend, modify, add, delete and make corrections to these Terms and Conditions at any time, which are effective upon posting. It is your responsibility to review these Terms and Conditions periodically to be aware of such modifications. You are responsible for regularly checking for any changes to these Terms and Conditions. Your continued use of this Website after any such changes are released shall be deemed as your acceptance and agreement of such changes.

 

These Terms and Conditions shall be read together with the Terms of Use and Privacy Statement available on airasia.com/fresh

 

The English language version of this document shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

 

  1. 1.     DEFINITIONS

 

1.1  In these Terms and Conditions:

 

Acknowledgement” means our acknowledgement of your Order via email;

 

Confirmation of Order” means our email confirmation to you, in which we accept your Order;

 

Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with Clause 3.4 below;

 

Customer” / “you” means the individual who places an Order of a Product or Products on the Site;

 

Financial Institution” means in respect of any Payment Card, the relevant company or companies controlling or administering payments for such Payment Card;

 

Order” means the order submitted by you to the Site to purchase the Product from us at the quantity requested by you and the price specified by you;

 

Payment Card” means such form of charge card(s), credit card(s) or debit card(s) as may be stipulated on the Site as being acceptable for payment for Products;

 

Product” means an item/product/services offered to the Customer for sale on the Site

 

Service” means the services provided by us on the Site, which may include but is not limited to shopping, gift cards, membership points redemption and gift vouchers;

 

Site” means the airasia fresh online store currently accessible via airasia.com/fresh; and

  

us”/“our”/“airasia fresh” means Teleport Platforms Sdn Bhd.

 

1.2   references to “clauses“ are to clauses of these Terms and Conditions;

 

1.3   the headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions;

 

1.4   words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;

 

1.5   references to “includes“ or “including“ or like words or expressions shall mean without limitation;

 

1.6   any reference to a “person” or “entity” includes a reference to an individual, a sole proprietor, a partnership, an unincorporated association and a company.

 


  1. 2.     APPLICATION AND EFFECT

 

2.1   By placing an Order, you are offering to purchase a Product subject to these Terms and Conditions.

 

2.2   To place an Order with us, you must be over eighteen (18) years of age and possess a valid Payment Card issued by a Financial Institution acceptable to us.

 

2.3   By accessing the Site, you represent and warrant that:

(a)  all registration information (including, but not limited to, your

payment information) that you submit is truthful and accurate;

(b) you will maintain the accuracy of such information;

 

2.4   By accessing the Site, you agree:

(a)  not to register or use another Customer’s registration;

(b) to notify airasia fresh immediately if you suspect any unauthorized use of registration on the Site; and

(c)  you are solely responsible for maintaining the confidentiality of your account details, and for any and all use of your account (including, without limitation, any fees that accrue for any use of the Services).

 


  1. 3.     ORDERS

 

3.1   When you place an Order for the Product(s) on the Site, you are required to complete the designated online form at the Site accurately and provide all necessary information as may be required by us.

 

3.2   All Orders are subject to acceptance by us, and we will confirm our acceptance by sending an email to you as a Confirmation of Order.

 

3.3   We will not be obliged to supply any Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.

 

3.4   For the avoidance of doubt, your contract with us relates only to your use of the Site and the Services available therein.

 

3.5   Processing of the Payment Card for an Order shall not in itself constitute our acceptance of the Order, provided that where an Order is rejected, any payment made for such Order shall be reversed or refunded by us.

 

3.6   We reserve the right to refuse the processing of your Order for any reason, including Product unavailability. If we have cancelled your Order, then we will refund any payment received by us for the order of the Product, unless otherwise stated in this Terms and Conditions.

 

3.7   We shall, to our best capabilities, ensure that all Product information which appears on the Site is accurate, which shall include but is not limited to prices and specification of the Product. We shall not be liable for any errors to the information on the Site. We reserve the right to refuse to fulfill any Orders that you may have placed based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

 

3.8   The price to be paid for all Products shall be at the current selling price on the date of receipt of the Order, which may or may not be correctly reflected at the Site. If we discover an error in the pricing or specification of the Product which you have ordered, we will contact you as soon as possible and seek your confirmation as to whether you still wish to proceed with your order at the correct price or to cancel it. If we are unable to contact you, we shall treat the Order as canceled.

 

 

3.9 You shall submit the accurate and up to date information to us which shall include but is not limited to information required for fulfillment purposes, and keep us updated on any changes relating thereto.

 


  1. 4.     PAYMENT

 

4.1   You shall pay for the Product in full at the time of ordering via the Payment Card available on the Site, which shall include:

(a)      Payment Cards acceptable to us;

(b)      AirAsia BIG Loyalty Points (pursuant to Clause 9.6);

(c)       Voucher issued by airasia fresh (pursuant to Clause 12);

(d)      Online Bank Transfer (FPX);

(e)      eWallets acceptable to us.

 

We reserve the right to not offer certain forms of payment and to refer you to our other forms of payment. Supply of the Product will only be done once we have received full payment for the Product.

 

4.2   All Payment Cards are subject to the approval of the respective Financial Institution. We shall not be liable in any way if the Financial Institution refuses to process or accept any Payment Card for any reason.

 

4.3   If you are asked for details of a Payment Card by us and/or our partners, you shall undertake that all details provided to us for the purposes of purchasing the Product from us are correct, that the Payment Card, or account or other payment method which you have used is of your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.

 

4.4   You agree to submit to us, our merchants and/or our payment service provider details of the Payment Card and other personal and delivery information as may be reasonably requested in order to process the Order, payment for the Order, and to arrange for delivery and invoicing. We may require our payment service provider to keep such information confidential and not use the same for any purpose other than to carry out its services, provided you agree that we shall not be liable for any loss, damage, or liability in the event of any unauthorized disclosure of such information by our payment service provider.

 

4.5   We reserve the right to exercise our lawful remedies if a dispute or issue arises over payment through any of the acceptable payment methods, or if we do not receive full payment for an Order. In particular, but without limitation, if the Financial Institution or the paying bank rejects or reverses payment for an Order, we may in our discretion;

(a)      refuse or reject such Order, or suspend or cancel delivery of such Order;

(b)      repossess the Products if already delivered; or

(c)       claim against the Customer for the full price of the Order as a debt.

 

4.6   In the event there are any taxes to be paid by the Customer on delivery/collection of the Product purchased in the country of delivery (which shall include, but is not limited to custom taxes and/or duties), all such taxes shall be borne by the Customer. We shall in no way be liable for any refunds, should the Customer refuse to pay for any of the abovementioned taxes. The Customer accepts the risk of not receiving the items ordered in the event the Customer does not pay for the relevant taxes, and in the event the items are not recoverable by the merchant or airasia fresh, no refunds shall be given to the Customer.

 

4.7   You agree to pay to airasia fresh all applicable fees for the Service, including, but not limited to, the fee for the applicable subscription, taxes (including government service tax), and other charges levied by domestic or foreign governments (which may vary from country to country).

 

4.8   Sales and Service Tax

 

4.8.1 You shall bear all Government taxes, levies and other costs imposed by law in relation to the provision of the Service by or through airasia fresh. 

 


  1. 5.     DELIVERY

 

5.1   We will deliver the Product requested/specified by you in your Order using our delivery drivers. For products to be delivered to the address specified by you in the order, you are required to show your identification to our representative when acknowledging the acceptance of your delivery. If you are unable to provide such documents, we reserve the right to not deliver your Product.

 

5.2   Your signature may be required upon delivery of the Product. You agree to inspect the Product for any obvious faults, defects or damage before you sign off acceptance of the Product. 

 

5.3   Any shipment and delivery dates provided by us at the time of your Order (and updated in the Confirmation of Order) are estimates only and shall not form part of the Contract.

 

5.4   We shall be responsible for the delivery of any items ordered. In the event where there are situations that incur losses or damages arising out of shipment or delivery of the Product Ordered, we shall provide you with a refund option in the form of vouchers issued by airasia fresh.

 

5.5   For Orders consisting of more than one Product, we retain the right, for any reason including Product unavailability, to:

(a)      deliver the Products in one delivery or by installments; or

(b)      delay or defer delivery of any Order in whole or in part.

 

We shall aim to let you know, using the contact details that you have provided to us, if we are unable to meet our estimated delivery date and delivery location due to but not limited to the unavailability of the Product and/or any occurrence of any Force Majeure events, including any technical or operational issues. In such circumstances, we may also arrange for the cancellation of the Order.

 

5.6   All risks in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations set out herein, risks shall pass at the date when the delivery would have occurred but for your breach. From the time when the risks pass to you, we will not be liable for loss or destruction of the Product.

 

5.7   If delivery is delayed through your unreasonable refusal to accept delivery, no cancellation or refund shall be permitted except in accordance with the Returns and Refunds Policy, outlined in Clause 8.

 

5.8   In the event where you have received a wrong item, a refund will be permitted in accordance with the Returns and Refunds Policy outlined in Clause 8.

 

5.9   It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.

 


  1. 6.     CANCELLATION

 

6.1   We may cancel an Order if the Product is not available for any reason and we shall notify you when refund process has been initiated.

 

6.2   We retain the right to withdraw or cease to make available any or all Products from the Site, without liability or prior notice.

 


  1. 7.     PRODUCT

 

7.1   The Product will conform to the merchant’s latest published instructions as set out on the Site at the time of your Order. Warranty terms are dependent on the merchants of the respective Product, and therefore differ from item to item. Where available, any warranty terms and conditions shall be made available upon viewing an item. We do not guarantee that item and/or services description, price, and other content of this site are complete, accurate, reliable, current, or error-free. We are not responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred by you or any third-party as a result of any or part of a Product, or in connection therewith.

 

7.2   The Product is intended to be used strictly in accordance with the merchant's latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.

 

7.3   Before delivery, we may make minor adjustments to the fresh produce provided to the extent that they are reasonable.

 


  1. 8.     RETURNS AND REFUND S POLICY

 

8.1   No exchange or return of the Product is permitted upon leaving the store or upon delivery. The Customer may, subject to final approval by airasia fresh and/or the merchant:

(a)       choose to cancel the Order prior to Confirmation of Order by airasia fresh or prior to receiving the Product and requests for a refund.

 

8.2   Any refund for your Order in accordance to these Terms and Conditions shall be based on the following criteria:

(a)      received an incomplete Product (missing quantity or accessories);

(b)       received the wrong Product(s) (e.g. wrong size, wrong colour, different product);

(c)      received a Product with physical damage/defects (e.g. dented, scratched, shattered, expired);

(d)      received a faulty Product (e.g. malfunction, does not work as intended).

 

8.3   In the event the Customer is unable to accept the delivery of a Product (as applicable), the said Customer shall contact airasia fresh at the very soonest and arrange with airasia fresh for an alternate delivery date (as applicable). In the event of failure by the Customer to contact airasia fresh for nonacceptance of delivery by the Customer (as applicable) within seven (7) days after the day on which the Product is ready for delivery by the Customer (as applicable), the Order may be deemed canceled and airasia fresh reserves the right to forfeit any amounts paid for and towards the Product.

 

8.4 There is a no return and no exchange policy for perishable food items.

Please be aware that we cannot accept change of mind returns on certain products due to health and hygiene reasons.

8.5   Should you be eligible for a refund pursuant to the Terms and Conditions set out herein, please contact us via airasia.com/fresh, to request for a refund. Any refund request shall be made within seven (7) days from the date the Product was delivered to Customer.  

 

8.6   In the event a refund is approved by us, the refund will be processed via airasia fresh voucher for the same value that you had used to pay for the Product. Any refunds for vouchers or redemption codes shall be subject to the individual terms and conditions of the respective campaign/promotion.

 

8.6   You shall be responsible for any cost arising due to the return of Products set out herein (which shall include but is not limited to postal, shipping or handling fee). We will not accept items that have been damaged due to abuse, misuse, accidents or alterations. 

 

8.7   We and/or our merchants retain the final right to approve or reject the refund of the Product. Refund or exchange of a Product will be subject to our evaluation of the returned items.

 

 


  1. 9.     AIRASIA BIG POINTS

 

9.1   This program (“BIG Program”) is organised by BigLife Sdn Bhd (formerly known as BIG Loyalty Sdn Bhd) (“BIG”) and airasia fresh (jointly referred to as “the Organisers”).

 

9.2   By participating in this BIG Program, all participants (“BIG Participants”) will be deemed to have read, understood and expressly agreed to be bound by the Terms and Conditions of this BIG Program as stated herein and any additional terms and conditions stipulated by the Organisers (as may be applicable) including the decisions of the Organisers in all matters related thereto.

 

9.3   Information on how to enter form part of these conditions of entry. Registration for and/or participation in this BIG Program is deemed as acceptance of these conditions of entry. Acceptance of these Terms and Conditions is a condition of entry.

 

9.4   To participate and qualify for points earning in this BIG Program, Participants must fulfil the following requirements (“Program Requirements”):

(a)      be an existing member, having subscribed and registered for membership under the loyalty and rewards program operated by BIG under the name “BIG Loyalty” (“Big Member”) and have a unique registration number known as the “BIG Member ID” issued by BIG at the point of participation in the Program;

(b)      Link their BIG membership account on the Site and make a purchase on the Site. For the purposes of clarification, in the event the Customer does not link the BIG membership account at the time of purchase on the Site, the Customer shall not be entitled to this BIG Points as provided herein.

(c)       Every MYR 2 spent on the Site will entitle BIG Participants to one (1) point as may be awarded by BIG under the Big Program (“BIG Point”), for transactions made via the Payment Card. Transactions made using foreign currencies will be converted into MYR based on the Site’s daily currency conversion rate prior to BIG Points awarding.

(d)      BIG Points will be credited to the BIG Member’s account within thirty (30) days from the delivery date of the Order.

(e)      The Organisers will not entertain any claims for BIG Points in the event BIG Participants have failed to link their BIG membership account prior to any of the aforementioned purchase on the Site. As such, no retrospective claim will be allowed.

 

9.5   To participate and use BIG Points as a form of payment in this BIG Program, BIG Participants must fulfil the following requirements:

(a)      The option to use BIG Points as a form of payment on the Site is only available for BIG Members with a minimum of 100 BIG Points remaining in his or her BIG Membership account.

(b)      The price of BIG Points is subject to change and BIG, as the owner and operator of the loyalty program referred to as the “BIG Loyalty Program” where BIG Points are issued and redeemed by BIG Members, reserves the right to fix and change the price of BIG Points, impose additional restrictions and/or conditions in using the BIG Points as a form of payment from time to time at its sole and absolute discretion, and all such decisions by BIG shall be deemed final and conclusive and BIG will not entertain any complaint or dissatisfaction in relation thereto.

(c)       All fees and changes including BIG Points used as a form of payment are subject to the BIG Loyalty Program membership terms and conditions.

(d)      By using BIG Points as a payment currency for purchases made on the Site, BIG Participants are deemed to have accepted and agreed to these Terms and Conditions (and any additional terms and conditions stipulated by BIG from time to time) which are legally binding.

(e)      BIG Members who are suspended or blacklisted under the BIG Loyalty Program are not entitled to use BIG Points as a form of payment on the Site.

 

9.7   The Organisers reserve the absolute right, at any time, to verify the validity of transactions and the BIG Participants. Without limitation, BIG Participants agree to provide a copy of the identification card/Passport to the Organisers upon request. The Organisers’ decision in relation to all aspects of the BIG Program are final, binding and conclusive under any circumstances and no correspondence nor appeal will be entertained.

 

9.8   Only the BIG Participants that fulfil the BIG Program Terms and Conditions shall be eligible to receive the BIG Points. BIG Participants that fail to fulfil the BIG Program Terms and Conditions will automatically be disqualified from the BIG Program without notice.

 

9.9   The Organisers reserve the absolute right to substitute and/or replace the BIG Points from time to time without any prior notice to the BIG Participants. BIG Points will not be awarded for cancelled or returned purchases.

 

9.10 The Organisers further reserve their right to use any collected personal data and/or images of Participants in any manner and/or for any purpose related to this BIG Program and the BIG Participants are deemed to consent to such use with no monetary payment.

 

9.11 The Organisers reserve the right in their sole discretion to disqualify any BIG Participant and/or to forfeit the BIG Points from any they believe has undertaken fraudulent practice and/or activities or other activities harmful to this BIG Program or to the Organisers.

 

9.12 Participants may be contacted, at any time deemed appropriate by the Organisers, via email or any other mode of communication deemed appropriate by the Organisers.

 

9.13 The BIG Points are not exchangeable and/or transferable and cannot be exchanged or redeemed for cash. The usage of BIG Points is subject to the BIG Membership Terms and Conditions.

 

9.14 The Organisers reserve the absolute right to cancel, terminate or suspend the BIG Program with or without any prior notice and/or assigning any reason. For the avoidance of doubt, cancellation, termination or suspension by the Organisers shall not entitle the BIG Participants to any claim or compensation against the Organisers for any and/or all losses or damages suffered or incurred as a direct or indirect result of the act of cancellation, termination or suspension.

 

9.15 The Organisers accept no responsibility for late, lost, incomplete, incorrectly submitted, delayed, corrupted or misdirected Order whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise.

 

9.16 The Organisers, subsidiaries, affiliates, and associated companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this BIG Program.

 

9.17 The Terms and Conditions contained herein shall prevail over any inconsistent terms, conditions, provisions or representation contained in any other promotional or advertising materials for the BIG Program

 

9.18 The Organisers reserve the absolute right to vary, delete or add to any of these terms and conditions (wholly or in part) from time to time without any prior notice to the BIG Participants.

 


  1. 10.     FRAUD

 

10.1 Payments must be authorized by the cardholder named in the payment process. We reserve the right to hold or cancel your Order without prior notice if we reasonably suspect that you or the cardholder is associated with any kind of fraudulent activity. Such suspicion may be based on the following activities:

(a)         The cardholder did not authorize the payment and claims that the Order is fraudulent;

(b)        There has been previous fraudulent activity/chargebacks by you or the cardholder; and

(c)         Information given during payment is erroneous / inadequate / inconsistent / linked to fraudulent behavior.

 


  1. 11.   LIMITATION OF LIABILITY

 

11.1 In no event shall we be liable to the Customer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Terms and Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if we have been advised of the possibility of such loss or damage.

 

11.2 Airasia fresh and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) including any form of food allergies caused (the onus is on you to check the contents/ingredients of the Product) arising directly or indirectly in connection with:

(a)         any access, use and/or inability to use the airasia fresh platform or the Services;

(b)        reliance on any data or information made available through the airasia fresh platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c)         any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d)        any use of or access to any other website or webpage linked to the airasia fresh platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

 

11.3 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the airasia fresh platform and/or Services is entirely at your own risk and we shall not be liable therefore.

 

11.4 If, notwithstanding the limitation of liability provision contained herein, airasia fresh is found by a court of competent jurisdiction to be liable (including gross negligence), then, to the maximum extent permitted by the applicable law, the total liability of airasia fresh to the Customer for any and all claims whether by the Customer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of these Terms and Conditions by us shall not in any event exceed the price of the Product (paid by the Customer) that gave rise to such claims.

 


  1. 12.     VOUCHERS

 

12.1 You may use vouchers as payment for the Products on the Site.

 

12.2 We may release vouchers to you from time to time, which may be sent to you via the registered email address provided.

 

12.3 Unless stated otherwise, airasia fresh vouchers are non-transferable and you may not assign your rights to use that voucher.

 

12.4 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of that voucher on the Site, we are entitled to close your account and/or request for a different means of payment from you to complete the Order.

 

12.5 We assume no liability for loss, theft or illegibility of use of the vouchers issued by airasia fresh.

 

12.6 Terms and Conditions for redemption of vouchers;

(a)         Airasia fresh vouchers can only be redeemed online on the Site. You may only be able to use the voucher and/or redemption code prior or at the point of purchase. Customer is not entitled to and/or use the voucher/promotion code after payment is made upon the Order.

(b)        Airasia fresh vouchers issued are:

  1. valid for the period specified in the individual vouchers;
  2. can only be redeemed once; and

(c)         certain products and brands may be excluded from the voucher promotions.

(d)        if the voucher value is lower than the value of your purchase, you may make up the difference through other available payment methods. Likewise, if you have placed an Order for a Product lesser than the value of the voucher, no refund or residual credit will be returned to you.

(e)         the credit of a voucher does not accrue interest and is not exchangeable for cash.

 


  1. 13.     EXPORT CONTROL AND RESTRICTIONS

Products purchased or obtained under these Terms and Conditions may be subject to government import and export control laws and regulations, in the respective countries they are operating in. You shall be responsible for and comply with all such laws and regulations.

 


  1. 14.     DATA PROTECTION

Please see our Privacy Statement, which forms part of these Terms and Conditions.

 


  1. 15.     FORCE MAJEURE

 

15.1 We shall not be liable to you for any breach, hindrance or delay in the performance of an obligation set out herein, attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure“), regardless of whether the circumstances in question could have been foreseen.

 

15.2 Either you or we may terminate the Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).

 

15.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

 


  1. 16.     NOTICES

 

16.1 Any notice, pursuant to these Terms and Conditions shall be in writing and may be served by personal delivery or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.

 

16.2 Any notice given by post shall be deemed to have been served two (2) days after the same has been posted if the recipient address is in the country. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.

 


  1. 17.     TRADEMARKS

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and / or locations featured on this Site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trademarks/ names featured on this Site are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

 


  1. 18.     GENERAL

18.1 We shall keep a record of your Order and these Terms and Conditions until seven (7) years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, and the Confirmation of Order.

 

18.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.

 

18.3 No failure or delay by us or you in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions.

 

18.4 If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.

 

18.5 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.

 

18.6 Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

 

18.7 No person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or the Contract its assent to any such term.

 

18.8 These Terms and Conditions and the Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysia Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysia Courts. 

 


  1. 19.     AMENDMENT TO THE TERMS AND CONDITIONS

We reserve the right to amend these Terms and Conditions at any time without prior notice. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions by the Customer.