Terms & Conditions
Terms of Use
Welcome to the fusiontech.com.my website. Please read these terms and conditions carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services.
Access to and use of password
protected and/or secure areas of the Platform and/or use of the Services
are restricted to Customers with accounts only. You may not obtain or
attempt to obtain unauthorised access to such parts of this Platform
and/or Services, or to any other protected information, through any
means not intentionally made available by us for your specific use.
If
you are below 18 years old: you must obtain consent from your parent(s)
or legal guardian(s), their acceptance of these Terms of Use and their
agreement to take responsibility for: (i) your actions; (ii) any charges
associated with your use of any of the Services or purchase of
Products; and (iii) your acceptance and compliance with these Terms of
Use. If you do not have consent from your parent(s) or legal
guardian(s), you must stop using/accessing this Platform and using the
Services.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.
2. General use of Services and/or access of Platform
2.1
Guidelines to the use of Platform and/or Services: You agree to comply
with any and all the guidelines, notices, operating rules and policies
and instructions pertaining to the use of the Services and/or access to
the Platform, as well as any amendments to the aforementioned, issued by
us, from time to time. We reserve the right to revise these guidelines,
notices, operating rules and policies and instructions at any time and
you are deemed to be aware of and bound by any changes to the foregoing
upon their publication on the Platform.
2.2 Restricted activities: You agree and undertake NOT to:
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Platform or Services for illegal purposes;
(c)
attempt to gain unauthorized access to or otherwise interfere or
disrupt other computer systems or networks connected to the Platform or
Services;
(d) post, promote or transmit through the Platform or Services any Prohibited Materials;
(e) interfere with another’s utilization and enjoyment of the Platform or Services;
(f)
use or upload, in any way, any software or material that contains, or
which you have reason to suspect that contains, viruses, damaging
components, malicious code or harmful components which may impair or
corrupt the Platform’s data or damage or interfere with the operation of
another Customer’s computer or mobile device or the Platform or
Services; and
(g) use the Platform or Services other than in
conformance with the acceptable use policies of any connected computer
networks, any applicable Internet standards and any other applicable
laws.
2.3 Availability of Platform and Services: 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 Platform or any Services and shall not be liable if any
such upgrade, modification, suspension or removal prevents you from
accessing the Platform or any part of the Services.
2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
(a)
monitor, screen or otherwise control any activity, content or material
on the Platform and/or through the Services. We may in our sole and
absolute discretion, investigate any violation of the terms and
conditions contained herein and may take any action it deems
appropriate;
(b) prevent or restrict access of any Customer to the Platform 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 Platform 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.
2.5 Privacy Policy: Your use of the Services
and/or access to the Platform is also subject to the Privacy Policy as
set out here.
2.6 Terms & Conditions of Sale: Purchases of any Product would be subject to the Terms & Conditions of Sale.
2.7
Additional terms: In addition to these Terms of Use, the use of
specific aspects of the Materials and Services, more comprehensive or
updated versions of the Materials offered by us or our designated
sub-contractors, may be subject to additional terms and conditions,
which will apply in full force and effect.
3. Use of Services
3.1
Application of this Clause: In addition to all other terms and
conditions of these Terms of Use, the provisions in this Clause 3 are
the additional specific terms and conditions governing your use of the
Services.
3.2 Restrictions: Use of the Services is limited to
authorised Customers that are of legal age and who have the legal
capacity to enter into and form contracts under any applicable law.
Customers who have breached or are in breach of the terms and conditions
contained herein and Customers who have been permanently or temporarily
suspended from use of any of the Services may not use the Services even
if they satisfy the requirements of this Clause 3.2.
3.3 General terms of use: You agree:
(a)
to access and/or use the Services only for lawful purposes and in a
lawful manner at all times and further agree to conduct any activity
relating to the Services in good faith; and
(b) to ensure that any
information or data you post or cause to appear on the Platform in
connection with the Services is accurate and agree to take sole
responsibility for such information and data.
3.4 Product
description: While we endeavour to provide an accurate description of
the Products, we do not warrant that such description is accurate,
current or free from error.
3.5 Prices of Products: All Listing
Prices are subject to taxes, unless otherwise stated. We reserve the
right to amend the Listing Prices at any time without giving any reason
or prior notice.
3.6 Third Party Vendors: You acknowledge that
parties other than FTS (i.e. Third Party Vendors or Sellers) list and
sell Products on the Platform. Whether a particular Product is listed
for sale on the Platform by FTS or a Third Party Vendor may be stated
on the webpage listing that Product. For the avoidance of doubt, each
agreement entered into for the sale of a Third Party Vendor’s Products
to a Customer shall be an agreement entered into directly and only
between the Third Party Vendor and the Customer.
4. Customers with FTS accounts
4.1
Username/Password: Certain Services that may be made available on the
Platform may require creation of an account with us or for you to
provide Personal Data. If you request to create an account with us, a
Username and Password may either be: (i) determined and issued to you by
us; or (ii) provided by you and accepted by us in our sole and absolute
discretion in connection with the use of the Services and/or access to
the relevant Platform. We may at any time in our sole and absolute
discretion, request that you update your Personal Data or forthwith
invalidate the Username and/or Password without giving any reason or
prior notice and shall not be liable or responsible for any Losses
suffered by or caused by you or arising out of or in connection with or
by reason of such request or invalidation. You hereby agree to change
your Password from time to time and to keep the Username and Password
confidential and shall be responsible for the security of your account
and liable for any disclosure or use (whether such use is authorised or
not) of the Username and/or Password. You should notify us immediately
if you have knowledge that or have reason for suspecting that the
confidentiality of the Username and/or Password has been compromised or
if there has been any unauthorised use of the Username and/or Password
or if your Personal Data requires updating.
4.2 Purported use/access:
You agree and acknowledge that any use of the Services and/or any
access to the Platform and any information, data or communications
referable to your Username and Password shall be deemed to be, as the
case may be:
(a) access to the relevant Platform and/or use of the Services by you; or
(b) information, data or communications posted, transmitted and validly issued by you.
You
agree to be bound by any access of the Platform and/or use of any
Services (whether such access or use are authorised by you or not) and
you agree that we shall be entitled (but not obliged) to act upon, rely
on or hold you solely responsible and liable in respect thereof as if
the same were carried out or transmitted by you. You further agree and
acknowledge that you shall be bound by and agree to fully indemnify us
against any and all Losses attributable to any use of any Services
and/or or access to the Platform referable to your Username and
Password.
5. Intellectual property
5.1
Ownership: The Intellectual Property in and to the Platform and the
Materials are owned, licensed to or controlled by us, our licensors or
our service providers. We reserve the right to enforce its Intellectual
Property to the fullest extent of the law.
5.2 Restricted use: No
part or parts of the Platform, or any Materials may be reproduced,
reverse engineered, decompiled, disassembled, separated, altered,
distributed, republished, displayed, broadcast, hyperlinked, mirrored,
framed, transferred or transmitted in any manner or by any means or
stored in an information retrieval system or installed on any servers,
system or equipment without our prior written permission or that of the
relevant copyright owners. Subject to Clause 5.3, permission will only
be granted to you to download, print or use the Materials for personal
and non-commercial uses, provided that you do not modify the Materials
and that we or the relevant copyright owners retain all copyright and
other proprietary notices contained in the Materials.
5.3 Trademarks:
The Trademarks are registered and unregistered trademarks of us or
third parties. Nothing on the Platform and in these Terms of Use shall
be construed as granting, by implication, estoppel, or otherwise, any
license or right to use (including as a meta tag or as a “hot” link to
any other website) any Trademarks displayed on the Services, without our
written permission or any other applicable trademark owner.
6. Our limitation of responsibility and liability
6.1
No representations or warranties: The Services, the Platform and the
Materials are provided on an “as is” and “as available” basis. All data
and/or information contained in the Platform, the Services or the
Materials are provided for informational purposes only. No
representations or warranties of any kind, implied, express or
statutory, including the warranties of non-infringement of third party
rights, title, merchantability, satisfactory quality or fitness for a
particular purpose, are given in conjunction with the Platform, the
Services or the Materials. Without prejudice to the generality of the
foregoing, we do not warrant:
(a) the accuracy, timeliness, adequacy,
commercial value or completeness of all data and/or information
contained in the Platform, the Services or the Materials;
(b) that
the Platform, the Services or that any of the Materials will be provided
uninterrupted, secure or free from errors or omissions, or that any
identified defect will be corrected;
(c) that the Platform, the
Services or the Materials are free from any computer virus or other
malicious, destructive or corrupting code, agent, program or macros; and
(d)
the security of any information transmitted by you or to you through
the Platform or the Services, and you accept the risk that any
information transmitted or received through the Services or the Platform
may be accessed by unauthorised third parties and/or disclosed by us or
our officers, employees or agents to third parties purporting to be you
or purporting to act under your authority. Transmissions over the
Internet and electronic mail may be subject to interruption,
transmission blackout, delayed transmission due to internet traffic or
incorrect data transmission due to the public nature of the Internet.
6.2
Exclusion of liability: FTS Indemnitees shall not be liable to you
for any Losses whatsoever or howsoever caused (regardless of the form of
action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the Services;
(b)
reliance on any data or information made available through the 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 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.
6.3 At
your own risk: Any risk of misunderstanding, error, damage, expense or
Losses resulting from the use of the Platform is entirely at your own
risk and we shall not be liable therefor.
7. Hyperlinks, and alerts
7.1
Hyperlinks: For your convenience, we may include hyperlinks to other
websites or content on the Internet that are owned or operated by third
parties. Such linked websites or content are not under our control and
we are not liable for any errors, omissions, delays, defamation, libel,
slander, falsehood, obscenity, pornography, profanity, inaccuracy or any
other objectionable material contained in the contents, or the
consequences of accessing, any linked website. Any hyperlinks to any
other websites or content are not an endorsement or verification of such
websites or content and you agree that your access to or use of such
linked websites or content is entirely at your own risk.
7.2
Promotions: We may attach banners, java applets and/or such other
materials to the Platform for the purposes of promoting our or our Third
Party Vendors’ products and/or services. For the avoidance of doubt,
you shall not be entitled to receive any payment, fee and/or commission
in respect of any such promotional materials.
8. Your submissions and information
8.1
Submissions by you: You grant us a non-exclusive licence to use the
materials or information that you submit to the Platform and/or provide
to us, including but not limited to, questions, reviews, comments, and
suggestions (collectively, “Submissions”). When you post comments or
reviews to the Platform, you also grant us the right to use the name
that you submit or your Username in connection with such review,
comment, or other content. You shall not use a false e-mail address,
pretend to be someone other than yourself or otherwise mislead us or
third parties as to the origin of any Submissions. We may, but shall not
be obligated to, publish, remove or edit your Submissions.
8.2
Consent to receive e-mails: You give your full, free, and unequivocal
consent and authority to the collection, processing and use by us of any
information provided by you (including Personal Data) for the purposes
of sending informational and promotional e-mails and any and all
communications, notices, updates and other information to you,. Your
agreement to the provisions of this Clause 8.2 shall constitute your
consent for the purpose of the provisions of any spam control laws
(whether in Malaysia or elsewhere). You may subsequently opt out of
receiving promotional e-mails by clicking on the appropriate hyperlink
in any promotional e-mail.
8.3 FTS may, from time to time, be
required by government agencies to disclose certain information in
connection with any audit or investigation. You understand that we are
not required to contest any demand made by an (government) authority for
such information.
Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy set out here. and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
9. Termination
9.1
Termination by us: In our sole and absolute discretion, we may with
immediate effect, upon giving you notice, terminate your use of the
Platform and/or Services and/or disable your Username and Password. We
may bar access to the Platform and/or Services (or any part thereof) for
any reason whatsoever, including a breach of any of these Terms of Use
or where if we believe that you have violated or acted inconsistently
with any terms or conditions set out herein, or if in our opinion or the
opinion of any regulatory authority, it is not suitable to continue
providing the services relating to the Platform.
9.2 Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.
10. Notices
10.1 Notices from us: All notices or other communications given to you if:
(a)
communicated through any print or electronic media as we may select
will be deemed to be notified to you on the date of publication or
broadcast; or
(b) sent by post or left at your last known address
will be deemed to be received by you on the day following such posting
or on the day when it was so left.
10.2 Notices from you: You may
only give notice to us in writing sent to our designated address or
e-mail address, and we shall be deemed to have received such notice only
upon receipt. While we endeavour to respond promptly to notices from
you, we cannot guarantee that we will always respond with consistent
speed.
10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we
may from time to time designate other acceptable modes of giving notices
(including but not limited to e-mail or other forms of electronic
communication) and the time or event by which such notice shall be
deemed given.
11. General
11.1
Cumulative rights and remedies: Unless otherwise provided under these
Terms of Use, the provisions of these Terms of Use and our rights and
remedies under these Terms of Use are cumulative and are without
prejudice and in addition to any rights or remedies we may have in law
or in equity, and no exercise by us of any one right or remedy under
these Terms of Use, or at law or in equity, shall (save to the extent,
if any, provided expressly in these Terms of Use or at law or in equity)
operate so as to hinder or prevent our exercise of any other such right
or remedy as at law or in equity.
11.2 No waiver: Our failure to
enforce these Terms of Use shall not constitute a waiver of these terms,
and such failure shall not affect the right later to enforce these
Terms of Use. We would still be entitled to use our rights and remedies
in any other situation where you breach these Terms of Use.
11.3
Severability: If at any time any provision of these Terms of Use shall
be or shall become illegal, invalid or unenforceable in any respect, the
legality, validity and enforceability of the remaining provisions of
this Agreement shall not be affected or impaired thereby, and shall
continue in force as if such illegal, invalid or unenforceable provision
was severed from these Terms of Use.
11.4 Rights of third parties: A
person or entity who is not a party to these Terms of Use shall have no
right under any legislation in any jurisdiction to enforce any term of
these Terms of Use, regardless of whether such person or entity has been
identified by name, as a member of a class or as answering a particular
description. For the avoidance of doubt, nothing in this Clause shall
affect the rights of any permitted assignee or transferee of these Terms
of Use.
11.5 Governing law: Use of the Platform and/or the Services
and these Terms of Use shall be governed by and construed in accordance
with Malaysia law and you hereby submit to the exclusive jurisdiction of
the Malaysia Courts. . Except as provided in the preceding sentence,
any dispute, controversy, or claim arising out of or relating to this
terms and conditions, or the breach, termination or invalidity thereof
shall be settled through arbitration under Republic Act 9285 or the
Alternative Dispute Resolution Act of 2004.
11.6 Injunctive relief:
We may seek immediate injunctive relief if we make a good faith
determination that a breach or non-performance is such that a temporary
restraining order or other immediate injunctive relief is the only
appropriate or adequate remedy.
11.7 Amendments: We may by notice
through the Platform or by such other method of notification as we may
designate (which may include notification by way of e-mail), vary the
terms and conditions of these Terms of Use, such variation to take
effect on the date we specify through the above means. If you use the
Platform or the Services after such date, you are deemed to have
accepted such variation. If you do not accept the variation, you must
stop access or using the Platform and the Services and terminate these
Terms of Use. Our right to vary these Terms of Use in the manner
aforesaid will be exercised with may be exercised without the consent of
any person or entity who is not a party to these Terms of Use.
11.8
Correction of errors: Any typographical, clerical or other error or
omission in any acceptance, invoice or other document on our part shall
be subject to correction without any liability on our part.
11.9 Currency: Money references under these Terms of Use shall be in Malaysia Ringgit.
11.10
Language: In the event that these Terms of Use is executed or
translated in any language other than English (“Foreign Language
Version”), the English language version of these Terms of Use shall
govern and shall take precedence over the Foreign Language Version.
11.11
Entire agreement: These Terms of Use shall constitute the entire
agreement between you and us 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.
11.12
Binding and conclusive: You acknowledge and agree that any records
(including records of any telephone conversations relating to the
Services, if any) maintained by us or our service providers relating to
or in connection with the Platform and Services shall be binding and
conclusive on you for all purposes whatsoever and shall be conclusive
evidence of any information and/or data transmitted between us and you.
You hereby agree that all such records are admissible in evidence and
that you shall not challenge or dispute the admissibility, reliability,
accuracy or the authenticity of such records merely on the basis that
such records are in electronic form or are the output of a computer
system, and you hereby waive any of your rights, if any, to so object.
11.13
Sub-contracting and delegation: We reserve the right to delegate or
sub-contract the performance of any of our functions in connection with
the Platform and/or Services and reserve the right to use any service
providers, subcontractors and/or agents on such terms as we deem
appropriate.
11.14 Assignment: You may not assign your rights under
these Terms of Use without our prior written consent. We may assign our
rights under these Terms of Use to any third party.
11.15 Force
Majeure: We shall not be liable for non-performance, error, interruption
or delay in the performance of its obligations under these Terms of Use
(or any part thereof) or for any inaccuracy, unreliability or
unsuitability of the Platform's and/or Services’ contents if this is
due, in whole or in part, directly or indirectly to an event or failure
which is beyond our reasonable control.
12. Voucher Terms & Conditions
The following terms and conditions (T&Cs) apply to your use and redemption of promotional vouchers or voucher codes, where such vouchers are offered for no consideration.
Schedule 1
Definitions and Interpretation
1.
Definitions. Unless the context otherwise requires, the following
expressions shall have the following meanings in these Terms of Use:
1.1 “Customer” has the same meaning as in the Terms & Conditions of Sale.
1.2
“Intellectual Property” means all copyright, patents, utility
innovations, trademarks and service marks, geographical indications,
domain names, layout design rights, registered designs, design rights,
database rights, trade or business names, rights protecting trade
secrets and confidential information, rights protecting goodwill and
reputation, and all other similar or corresponding proprietary rights
and all applications for the same, whether presently existing or created
in the future, anywhere in the world, whether registered or not, and
all benefits, privileges, rights to sue, recover damages and obtain
relief or other remedies for any past, current or future infringement,
misappropriation or violation of any of the foregoing rights.
1.3 “FTS Indemnitees” means Fusion Tech Supply Sdn Bhd and all of its respective officers, employees, directors, agents, contractors and assigns.
1.4
“FTS”, “we”, “our” and “us” refer to Fusion Tech Supply Sdn Bhd,
a company incorporated pursuant to the laws of Malaysia under
registration number 915745-K and having its registered address at 8C Taman Mewah, Jalan Maharaja Lela, 36000 Teluk Intan, Perak,
Malaysia.
1.5 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.6
“Losses” means all penalties, losses, settlement sums, costs (including
legal fees and expenses on a solicitor-client basis), charges,
expenses, actions, proceedings, claims, demands and other liabilities,
whether foreseeable or not.
1.7 “Materials” means, collectively, all
web pages on the Platform, including the information, images, links,
sounds, graphics, video, software, applications and other materials
displayed or made available on the Platform and the functionalities or
services provided on the Platform.
1.8 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.9
“Password” refers to the valid password that a Customer who has an
account with FTS may use in conjunction with the Username to access
the relevant Platform and/or Services.
1.10 “Personal Data” means
data, whether true or not, that can be used to identify, contact or
locate you. Personal Data can include your name, e-mail address, billing
address, shipping address, phone number and credit card information.
“Personal Data” shall be deemed to include any data that you have
provided to us when placing an Order, regardless of whether you have an
account with us.
1.11 “Platform” means (a) both the web and mobile
versions of the website operated and/or owned by FTS which is
presently located at the following URL: https://fusiontech.com.my; and (b) the mobile
applications made available from time to time by FTS, including the
iOS and Android versions.
1.12 “Privacy Policy” means the privacy policy set out here.
1.13
“Product” means a product (including any installment of the product or
any parts thereof) available for sale to Customers on the Platform.
1.14 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
(a) contains any computer virus or other invasive or damaging code, program or macro;
(a) infringes any third-party Intellectual Property or any other proprietary rights;
(b) is defamatory, libellous or threatening;
(c)
is obscene, pornographic, indecent, counterfeited, fraudulent, stolen,
harmful or otherwise illegal under the applicable law; and/or
(d) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.15 “Services” means services, information and functions made available by us at the Platform.
1.16 “Submission” is as defined in Clause 8.1 of these Terms of Use.
1.17 “Terms & Conditions of Sale” means the terms and conditions governing a Customer’s purchase of the Products.
1.18 “Terms of Use” means the recitals, Clauses 1 to 12 and any Schedules to these terms and conditions.
1.19
“Trademarks” means the trademarks, service marks, trade names and logos
used and displayed on the Platform, including the FTS trademark,
which is property of Fusion Tech Supply Sdn. Bhd.
1.20 “Username” refers to the
unique login identification name or code which identifies a Customer who
has an account with FTS.
1.21 “Voucher” means a voucher for credit
which may be used by a Customer, subject to other terms and conditions,
towards the payment of purchases on the Platform.
1.22 “you” and
“your” refer to the individuals over the age of 18 or otherwise under
the supervision of a parent or legal guardian.
2. Interpretation: Any
reference in these Terms of Use to any provision of a statute shall be
construed as a reference to that provision as amended, re-enacted or
extended at the relevant time. In the Agreement, whenever the words
“include”, “includes” or “including” are used, they will be deemed to be
followed by the words “without limitation”. Unless expressly indicated
otherwise, all references to a number of days mean calendar days, and
the words “month” or “monthly” as well as all references to a number of
months means calendar months. Clause headings are inserted for
convenience only and shall not affect the interpretation of these Terms
of Use. In the event of a conflict or inconsistency between any two or
more provisions under these Terms of Use, whether such provisions are
contained in the same or different documents, such conflict or
inconsistency shall be resolved in favour of FTS and the provision
which is more favourable to FTS shall prevail.
Terms & Conditions of Sale
1. Definitions & Interpretation
Unless
otherwise defined, the definitions and provisions in respect of
interpretation set out in Schedule 1 will apply to these Terms &
Conditions of Sale.
2. Purchase of Products
2.1
Your compliance: You agree to comply with any and all the guidelines,
notices, operating rules and policies and instructions pertaining to the
purchase of Products through the Platform, as well as any amendments to
the aforementioned, issued by FTS (whether as part of use of the
Platform or in relation to the purchase of Products, on behalf of
Seller), from time to time. FTS reserves the right to revise these
guidelines, notices, operating rules and policies and instructions at
any time and you are deemed to be aware of and bound by any changes to
the foregoing upon their publication on the Platform.
2.2 Sellers:
Products are sold by “Sellers”. FTS may be a “Seller” for selected
Products. “Seller” may also refer to a party other than FTS (such
party referred to in these Terms & Conditions of Sale as a “Third
Party Vendor”). Whether a particular Product is listed for sale on the
Platform by FTS or a Third Party Vendor may be stated on the webpage
listing that Product. Products sold to you by Sellers will be governed
by individual Customer Contracts (more details below in Clause 2.6)
which:
2.2.1 for Products sold by Third Party Vendors, shall be
agreements entered into directly and only between the Third Party Vendor
and you; and
2.2.2 for Products sold by FTS , shall be agreements entered into directly and only between FTS and you.
2.3
Product description: While Seller endeavours to provide an accurate
description of the Products, neither FTS nor Seller warrants that such
description is accurate, current or free from error. In the event that
the Product you receive is of a fundamentally different nature from the
Product as described on the Platform and which you have ordered, Clause 6
of these Terms & Conditions of Sale shall apply.
2.4 Placing
your Order: You may place an Order by completing the Order form on the
Platform and clicking on the “Submit Order button. Seller will not
accept Orders placed in any other manner. You shall be responsible for
ensuring the accuracy of the Order.
2.5 You have the right to cancel
your order within twenty-four hours from the time of your order
(“Cooling Off Period”). The cancellation must be communicated to FTS in writing within the Cooling Off Period. Upon the expiration of the
Cooling Off Period, all Orders are irrevocable and unconditional: All
Orders will be deemed to be irrevocable and unconditional upon
transmission through the Platform and Seller shall be entitled (but not
obliged) to process such Order(s) without your further consent and
without any further reference or notice to you. Nevertheless, in certain
circumstances as stated in Clause 8, you may request to cancel or amend
the Order which Seller will endeavour to give effect to on a
commercially reasonable effort basis. However, notwithstanding the
foregoing, Seller is not obliged to give effect to any request to cancel
or amend any Order. The details regarding the cancellation process and
policy of FTS can be accessed here.
2.6 Seller’s reservation of
rights in respect of Orders: All Orders shall be subject to Seller’s
acceptance in its sole discretion and each Order accepted by Seller
(such accepted Order to be referred to as a “Customer Contract”) shall
constitute a separate contract. You acknowledge that unless you receive a
notice from FTS confirming your Order, Seller shall not be party to
any legally binding agreements or promises made between Seller and you
for the sale or other dealings with the Product(s) and accordingly
Seller shall not be liable for any Losses which may be incurred as a
result. For the avoidance of doubt, Seller reserves the right to decline
to process or accept any Order received from or through the Platform in
its absolute discretion.
2.7 Termination by Seller in the event of
pricing error: Seller reserves the right to terminate the Customer
Contract, in the event that a Product has been mispriced on the
Platform, in which event FTS shall, on behalf of Seller, notify you of
such cancellation by giving three days’ notice. Seller shall have such
right to terminate such Customer Contract whether or not Products have
been dispatched or are in transit and whether payment has been charged
to you. Upon termination of the Customer Contract under this clause, the
Seller shall refund the payment charged to you for the Product.
2.8
Product Warranty: The warranties with respect to a Product (“Product
Warranty”) sold under a Customer Contract shall be as stated by Seller
via the Platform, under the “Specifications” tab in the field “Product
Warranty” for the relevant Product, and shall be limited by the terms
and conditions therein. The warranties and conditions, remedies for
breach of warranty or condition, or other terms stated in the Product
Warranty are, unless expressly prohibited by applicable mandatory law,
in lieu of all other terms, warranties and conditions, whether expressed
or implied, statutory or otherwise. Except as expressly provided in
such Product Warranty, Seller excludes (unless expressly prohibited by
applicable mandatory law) all other express or implied terms, warranties
or conditions with respect to the Products supplied.
2.9 Customer’s
acknowledgement: You acknowledge and warrant that you have not relied on
any term, condition, warranty, undertaking, inducement or
representation made by or on behalf of Seller which has not been stated
expressly in a Customer Contract or upon any descriptions or
illustrations or specifications contained in any document including any
catalogues or publicity material produced by either FTS or Seller. You
also acknowledge and agree that to the extent allowed under Malaysia
law, the exclusion of warranties, exclusion of liability and exclusion
of remedies in these Terms & Conditions of Sale and Customer
Contracts allocate risks between the parties and permit Seller to
provide the Products at lower fees or prices than Seller otherwise could
and you agree that such exclusions on liability are reasonable.
2.10
No representations or warranties: Without prejudice to the generality
of the foregoing Clause 2.9 and to the extent allowed under Malaysia
law:
2.10.1 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 Seller;
2.10.2 any actions arising
from the breach of any warranty or representation, or any right to
damages, whether express or implied, shall be extinguished if an action
is not brought against FTS within six months from the date of
delivery, or from the scheduled delivery of the Product.
2.10.3 FTS
shall not be liable for any indirect, incidental, special,
consequential or exemplary damages, including, but not limited to,
damages for loss of profits, goodwill, intangible losses, and any other
type of damages caused by any breach of a Third Party Vendor’s implied
or express warranty on the Products;
2.10.4 for products shipped
internationally, please note that any manufacturer warranty may not be
valid; manufacturer service options may not be available; product
manuals, instructions and safety warnings may not be in destination
country languages; the products (and accompanying materials) may not be
designed in accordance with destination country standards,
specifications, and labelling requirements;
2.10.5 Seller is not
liable for any Losses suffered by any third party directly or indirectly
caused by repairs or remedial work carried out without FTS’s prior
written approval and the Customer shall indemnify Seller against all
Losses arising out of such claims;
2.10.6 Seller 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
2.10.7 To the extent
allowed under Malaysia law, Seller shall be under no liability
whatsoever in respect of any defect in the Products arising after the
expiry of the applicable Product Warranty, if any.
2.11 Intellectual Property:
2.11.1
Unless the prior written consent of FTS has been obtained, the
Customer shall not remove or alter the trade marks, logos, copyright
notices, serial numbers, labels, tags or other identifying marks,
symbols or legends affixed to any Products.
2.11.2 Where software
applications, drivers or other computer programmes and/or all other
design details, technical handbooks or manuals, drawing or other data
(all collectively referred to as “Product Materials”) are supplied to
the Customer by Seller in connection with the Order, the use and
retention of the Product Materials are subject to the terms and
conditions of licence or use (such as end-user licences, restrictions or
conditions of use) as may be prescribed by Seller or its licensors and
must not be used other than strictly in accordance with such terms and
conditions.
2.11.3 The Customer agrees and acknowledges that the
Product Materials shall remain the property of Seller or its licensors.
The Customer further agrees that any and all Intellectual Property
embodied in or relating to the Product Materials shall remain the sole
and exclusive property of Seller or its licensors. Unless otherwise
expressly provided in the Order or the prior written consent of FTS
has been obtained, the Customer undertakes to return the Product
Materials and/or any copies thereof upon FTS’s request.
3. Delivery of Products
3.1
Address: Delivery of the Products shall be made to the address you
specify in your Order either by Seller or by FTS (or its agents) on
behalf of Seller.
3.2 Shipping & packing charges: Shipping and packing charges shall be as set out in the Order.
3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
3.4
Delivery timeframe: You acknowledge that delivery of the Products is
subject to availability of the Products. Seller will make every
reasonable effort to deliver the Product to you within the delivery
timeframe stated on the relevant page on which the Product is listed,
but you acknowledge that while stock information on the Platform is
updated regularly, it is possible that in some instances a Product may
become unavailable between updates. All delivery timeframes given are
estimates only and delays can occur. If the delivery of your Product is
delayed Seller will inform you accordingly via e-mail and your Product
will be dispatched as soon as it becomes available to Seller. The time
for delivery shall not be of the essence, and Seller (nor any of its
agents) shall not be liable for any delay in delivery whatsoever caused.
3.5
Deemed receipt: In the event you do not receive the Product by the
projected delivery date and provided that you inform FTS within 3 days
immediately from such projected delivery date, Seller will try, to the
best of Seller’s ability, to locate and deliver the Product. If FTS
does not hear from you within 3 days from such projected delivery date,
you shall be deemed to have received the Product subject to your rights
under Malaysia law.
3.6 Customer’s failure to take delivery: If the
Customer fails to take delivery of the Products (otherwise than by
reason of any cause beyond the Customer's reasonable control or by
reason of Seller’s fault) then without prejudice to any other right or
remedy available to Seller, Seller may terminate the Customer Contract.
4. Prices of Products
4.1
Listing Price: The price of the Products payable by a Customer shall be
the Listing Price at the time at which the Order placed by the Customer
is transmitted to Seller (through the Platform).
4.2 Taxes: All
Listing Prices are subject to taxes, unless otherwise stated. Seller
reserves the right to amend the Listing Prices at any time without
giving any reason or prior notice.
5. Payment
5.1
General: You may pay for the Product using any of the payment methods
prescribed by FTS from time to time. When you place an Order, actual
payment will be only charged upon Seller’s acceptance of your Order and
formation of a Customer Contract. All payments shall be made to FTS,
either accepting payment in its own right or as Seller’s agent (where
Seller is a Third Party Vendor). You acknowledge that FTS is entitled
to collect payments from you on behalf of Third Party Vendors.
5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by FTS from time to time.
5.3
Payment methods: You agree that you are subject to the applicable user
agreement of your payment method. You may not claim against Seller or
any of its agents (which may include FTS), for any failure, disruption
or error in connection with your chosen payment method. FTS reserves
the right at any time to modify or discontinue, temporarily or
permanently, any payment method without notice to you or giving any
reason.
5.4 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.
5.5
Failure to pay: 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 Seller, Seller shall be entitled to cancel
the Customer Contract or suspend delivery of the Products until payment
is made in full.
5.6 Refund of Payment:
5.6.1 All refunds shall
be made via the original payment mechanism and to the person who made
the original payment, except for Cash on Delivery, where refunds will be
made via bank transfer or store credit into the individual’s bank
account provided that complete and accurate bank account details are
provided to us.
5.6.2 We offer no guarantee of any nature for the
timeliness of the refunds reaching your account. The processing of
payment may take time and it is subject to the respective banks and/or
payment provider internal processing timeline.
5.6.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
5.6.4All refunds are conditional upon our acceptance of a valid return of the Product.
5.6.5 We reserve the right to modify the mechanism of processing refunds at any time without notice.
5.6.6. The guidelines regarding the refunds process of FTS can be accessed here.
6. Returns/Repairs/Replacements
6.1
Return Policy: All returns must be done in accordance with the
instructions set out in the Return Policy here. Seller is not obliged to
agree to any return unless all such instructions are followed to
Seller’s and FTS’s satisfaction. Should Seller agree to the return,
Seller will deliver the replacement Product to your specified address.
6.2
Permitted returns: Subject to Clause 6.1, within 14 days for items
covered under Satisfaction Guaranteed, and 7 days for items covered
under 100% Buyer Protection, from the date of delivery of the Product,
you may return a Product when you:
6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract;
6.2.2 receive a faulty or damaged Product;
6.2.3 receive a product that is not as advertised on the platform;
6.2.4 wrong item is delivered;
6.2.5 receive a product that has missing parts/items; or
6.2.6 receive a product that does not fit (for fashion items).
6.3
Repair, replacement or price reduction: As an alternative to returning
faulty or damaged Products under Clause 6.2, a Customer may request for a
repair or replacement of such Products. Such request shall be
irrevocable upon notification of the request to FTS and the Customer
may not later elect for a return under Clause 6.2. Where the Products
have not been repaired or replaced within a reasonable time, FTS may,
at its sole discretion, grant to the Customer a reduction of the price
in proportion to the reduced value of the Products, provided that under
no circumstance shall such reduction exceed 15 per cent. (15%) of the
price of the affected Products. Upon repair, replacement or price
reduction being made as aforesaid, the Customer shall have no further
claim against Seller.
6.4 Replacement Products: When FTS has
provided replacement Products or given the Customer a refund, the
non-conforming Products or parts thereof shall become Seller’s property
and upon request such Products or parts thereof should be shipped back
to Seller.
6.5 Risk of damage or loss: 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 Seller (via FTS or FTS’s agents) has tendered delivery of the
Products.
6.6 In cases where the customer refuses to take possession
of the product without sufficient cause or justification, or returns the
item without sufficient cause or justification, as provided under
Clause 6, FTS will safely keep the item for a period of fifteen (15)
days, reckoned from the date FTS receives the product from customer.
After the lapse of such period, the product or item is deemed abandoned
by customer, and FTS or Seller may dispose of the product or item.
Notwithstanding the foregoing, FTS will use its best efforts to return
the product to the Customer within the time frame provided.
7. Questions and complaints
If
you have any questions or complaints, please contact FTS using the
“Contact Us” page on the Platform. FTS will liaise with Sellers on
your questions and complaints.
8. Termination
8.1
Cancellation by you: You may cancel the Customer Contract before Seller
dispatches the Products under such Customer Contract by written notice
to FTS at ”Contact Us” page on the Platform, subject to Clause 2.5. If
the Products have already been dispatched, you may not cancel the
Customer Contract but may only return the Products in accordance with
Clause 6.
8.2 Cancellation by Seller: Without prejudice to any other
right of termination elsewhere in these Terms & Conditions of Sale,
Seller, or FTS acting on Seller’s behalf, may stop any Products in
transit, suspend further deliveries to the Customer and/or terminate the
Customer Contract with immediate effect by written notice to the
Customer on or at any time after the occurrence of any of the following
events:
8.2.1 the Products under the Customer Contract being unavailable for any reason;
8.2.2 the Customer being in breach of an obligation under the Customer Contract;
8.2.3
the Customer passing a resolution for its winding up or a court of
competent jurisdiction making an order for the Customer’s winding up or
dissolution;
8.2.4 the making of an administration order in relation
to the Customer or the appointment of a receiver over or an encumbrancer
taking possession of or selling any of the Customer’s assets; or
8.2.5
the Customer making an arrangement or composition with its creditors
generally or applying to a Court of competent jurisdiction for
protection from its creditors.
9. Risk and property of the Goods
9.1
Risk of damage to or loss of the Goods shall pass to the Customer at
the time of delivery or if the Customer wrongfully fails to take
delivery of the Goods, the time when FTS has tendered delivery of the
Goods.
9.2 Notwithstanding delivery and the passing of risk in the
Goods or any other provision of these Conditions the property in the
Goods shall not pass to the Customer until FTS has received in cash or
cleared funds payment in full of the price of the Goods and all other
goods agreed to be sold by FTS to the Customer for which payment is
then due.
9.3 Until such time as the property in the Goods passes to
the Customer, the Customer shall hold the Goods as FTS's fiduciary
agent and bailee and shall keep the Goods separate from those of the
Customer.
9.4 The Customer agrees with FTS that the Customer shall
immediately notify FTS of any matter from time to time affecting
FTS’s title to the Goods and the Customer shall provide FTS with any
in-formation relating to the Goods as FTS may require from time to
time.
9.5 Until such time as the property in the Goods passes to the
Customer (and provided the Goods are still in existence and have not
been resold) FTS shall be entitled at any time to demand the Customer
to deliver up the Goods to FTS and in the event of non-compliance
FTS reserves it’s right to take legal action against the Customer for
the delivery up the Goods and also reserves its right to seek damages
and all other costs including but not limited to legal fees against the
Customer.
9.6 The Customer shall not be entitled to pledge or in any
way charge by way of security for any indebtedness any of the Goods
which remain the property of FTS but if the Customer does so all
moneys owing by the Customer to FTS shall (without prejudice to any
other right or remedy of FTS) forthwith become due and payable.
9.7
If the provisions in this Condition 9 are not effective according to
the law of the country in which the Goods are located, the legal concept
closest in nature to retention of title in that country shall be deemed
to apply mutatis mutandis to give effect to the underlying intent
expressed in this condition, and the Customer shall take all steps
necessary to give effect to the same.
9.8 The Customer shall
indemnify FTS, all of its respective officers, employees, directors,
agents and contractors against all loss damages costs expenses and legal
fees incurred by the Customer in connection with the assertion and
enforcement of FTS's rights under this condition.
10. Limitation of liability
10.1
Sole remedies of customer: The remedies set out in Clause 6 are the
Customer’s sole and exclusive remedies for non-conformity of or defects
in the products.
10.2 Maximum Liability: Notwithstanding any other
provision of these terms & conditions of sale, Seller’s maximum
cumulative liability to you or to any other party for all losses under,
arising out of or relating to the sale of products under each customer
contract, will not exceed the sums that you have paid to Seller under
such customer contract.
10.3 Exclusion of liability: FTS
indemnitees shall not be liable to you for any losses whatsoever or
howsoever caused (regardless of the form of action) arising directly or
indirectly in connection with: (i) amounts due from other users of the
platform in connection with the purchase of any product; (ii) the sale
of the products to you, or its use or resale by you; and (iii) any
defect arising from fair wear and tear, wilful damage, misuse,
negligence, accident, abnormal storage and or working conditions,
alteration or modification of the products or failure to comply with
Seller’s instructions on the use of the products (whether oral or
written).
11. General
11.1 References to
“FTS”: References to “FTS” in these Terms and Conditions of Sale
apply both to FTS’s actions on its own behalf as Seller and/or as the
operator of the Platform or as the agent of Third Party Vendors as
Sellers in respect of each and every Customer Contract.
11.2 Right to
subcontract: Third Party Vendors or Sellers shall be entitled to
delegate and/or subcontract any rights or obligations under these Terms
& Conditions of Sale to FTS or any of FTS’s designated service
providers, subcontractors and/or agents.
11.3 Cumulative rights and
remedies: Unless otherwise provided under these Terms & Conditions
of Sale, the provisions of these Terms & Conditions of Sale and
Seller’s rights and remedies under these Terms & Conditions of Sale
are cumulative and are without prejudice and in addition to any rights
or remedies Seller may have in law or in equity, and no exercise by
Seller of any one right or remedy under these Terms & Conditions of
Sale, or at law or in equity, shall (save to the extent, if any,
provided expressly in these Terms & Conditions of Sale or at law or
in equity) operate so as to hinder or prevent Seller’s exercise of any
other such right or remedy as at law or in equity.
11.4 Warranties:
The implied warranty under the New Civil Code of the Malaysia against
hidden defects and the rights of a consumer under Title III, Chapter III
of the Consumer Act of the Malaysia