1.Parties of Interest and Binding Aspect of Agreement: The Terms and Conditions of Sale for merchandise, services and general use of the www.TheMalaysian.com e-commerce (web) site represent an agreement between the seller and buyer. The seller is The Malaysian DotCom Sdn Bhd, a Malaysian corporation. Buyers may be either individuals or fiduciary entities. Each user of the site may or may not make a purchase through the site but shall be considered a buyer by virtue of having been on, or used the site. BOTH SELLER AND BUYER SHALL BE BOUND BY THIS AGREEMENT WITH REGARDS TO THE SCOPE OF COMMERCE CONDUCTED AND COPYRIGHT LAWS COVERED BY THIS AGREEMENT. IF YOU, THE BUYER, DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS THIS SITE, ITS SERVICES OR MERCHANDISE.
2. Changing Nature of Site: All e-commerce sites are subject to change due to the changing nature of the commerce they represent. The seller will make all reasonable efforts to ensure that the information and content contained in this site is accurate at time of inclusion. The seller will make on-going efforts to maintain current industry information on the site and to provide the site with appropriate maintenance and upgrades as it deems necessary to improve the performance and maintain the integrity of the site. This process may from time-to-time give rise to the discovery of inaccuracies, omissions or information that is not up to date. The seller may at any time add, delete, correct or otherwise change any part of the information or content, including revising prices of goods and services offered without notice to the buyer and without liability to the seller.
3. Links: The seller has provided various links from its site to other web sites, which may be of interest to the user. The seller exercises no control over such sites and accepts no responsibility for the security or content or any other aspects of such linked sites. The seller does not endorse any of the linked sites, their content, merchandise, services, views, opinions or any other consideration attached to the linked sites.
4. The Internet, An Unstable Medium: The Internet is a changing and potentially unstable medium, and errors, omissions, interruptions and delays may occur. Communications sent over the Internet may be subject to unauthorized or unlawful intervention or tampering, or infection by viruses or other adverse items. The seller accepts no responsibility for any such unauthorized or unlawful acts, or any damages or losses, which the buyer may suffer as a result of the use of the Internet to access this site or any linked sites or to communicate with the seller.
5. Trademarks and Copyrights: The Malaysian DotCom Sdn Bhd is the registered holder of www.TheMalaysian.com. All other brand names, product names and titles and copyrights used in this site are trade marks or trade names or copyrights of their respective holders. No permission is given by The Malaysian DotCom Sdn Bhd with respect to the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holders rights.
All design, text, graphics and the selection or arrangement thereof on this site and all software compilation, underlying source code, software (including applets) and all other material on this website are the copyright of The Malaysian DotCom Sdn Bhd. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with The Malaysian DotCom Sdn Bhd or using this site as a shopping resource. Any other use of materials or substance of this site, reproduction for purposes other than those noted above and modification, distribution, or republication without the prior written permission of The Malaysian DotCom Sdn Bhd is strictly prohibited.
6. Order Fulfillment: All orders are subject to both availability of product/service and acceptance or rejection of the order by the seller at the absolute discretion of the seller. The seller reserves the right to refuse to supply to any individual or fiduciary, for whatever reason, the products and services offered on this site.
A sale shall be considered as consummated when all of the following actions have been completed:
– When we issue your hosting account details and/or when we initiate the website design process.
8. Price: The prices payable for goods and/or services ordered through the site are based on Malaysian Ringgit. Prices (cost of goods) do NOT include delivery costs and any applicable sales taxes for which the buyer may be liable to pay in addition to the price of the goods and/or services.
In the case of any difference between the prices set out on the site and the sellers acceptance EIE, the prices set out in the sellers acceptance EIE shall apply. The seller reserves the right, at any time through issuance of the acceptance EIE, to revise prices without notice to the buyer. The buyer has the right to withdraw an order in accordance with point 10 of these Terms.
9. Non-Fulfillment of Order: In the event that the seller has insufficient stock to deliver the goods ordered or for any other reason does not accept the order, any sum debited by the seller from the buyers credit card will be re-credited to the buyers credit card as soon as possible and in any event within 30 days of the order. Re-credit of the amount debited from the buyers credit card shall be the only payment due from the seller to the buyer.
The seller will send a written REJECTION NOTICE via e-mail or fax in the event that an order is rejected in whole or part.
The seller shall not be liable to pay any additional compensation for losses or damages of any kind incurred by the buyer as a result of the non-fulfillment of the buyers order including, without limitation, lost profits, loss of enjoyment, and direct, indirect, consequential, or special losses of any kind, whether or not the buyer may have notified the seller of the possibility of such losses.
10. Buyers Right to Refund: The buyer may cancel an order for goods or services at any time up to the end of the thirtieth (30th) day after the date of issuance of the order acceptance EIE. The buyer will be given a refund less MYR5 which is the cost of the registration and set-up of the buyer’s domain name. The domain name will then be transferred to the Buyer.
11. Liability: The seller shall have no liability to the buyer for any occurrence unless the buyer notifies the seller by e-mail or FAX of the problem within 30 days of the delivery of the goods/services in question.
The seller will not be liable to the buyer for any direct or indirect or consequential or special loss or damage including without limitation, any loss of profits arising out of any problem the buyer notifies to the seller under this condition and the seller shall have no liability to pay any money to the buyer by way of compensation other than, where applicable, to refund to the buyer the amount paid by the buyer for the goods in question less cost of domain registration and set up as previously provided for in this section of the agreement.
13. Claims Against Seller: Any claim against the seller under the terms of this agreement must be submitted within 30 days from the date consideration was paid to the seller or such action shall be considered as time barred. In the event that a dispute should arise between the buyer and seller which is not otherwise settled within 180 days of the claim submission date to seller, then the dispute shall be submitted to commercial arbitration and settled in accordance with the rules of the Malaysian Arbitration Council. The laws of Kuala Lumpur shall govern all disputes and claims arising from the services of the seller under this agreement. In the event that no consideration is ever paid to the seller, then no liability of any kind shall ever exist or be construed to have existed for which responsibility or culpability could be alleged or claimed.
14. Force Majeure: The seller shall have no liability to the buyer for any failure to deliver goods the buyer has ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control including but not limited to the actions or inactions of the third party carrier or delivering agent of the buyer.
15. Invalidity: If any part of these conditions is subsequently found to be unenforceable, the enforceability of any other part of these conditions will not be affected.
16. Entire Agreement: These terms and conditions, together with the information set out in the following related documents, comprise together the whole of this agreement relating to the supply of the goods and/or services to the buyer from the seller:
current www.TheMalaysian.com website prices;
delivery instructions supplied by buyer via e-mail to seller;
terms and conditions of any applicable carrier way bill
The seller may amend this agreement at any time by posting the amended terms on the site. All amended terms shall automatically be effective 30 days after they are initially posted on the site. This agreement may not be otherwise amended except in writing signed by a corporate officer of the buyer and seller.
In particular, no verbal representation by an employee or corporate officer of the seller shall be construed as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods or services offered for sale by the seller.
This agreement is effective on 1st July 2007, for new buyer accessing and using the site after this date.
The last amendment to this agreement was effective for all users on 1st July 2007.