Terms & Conditions
Welcome to the Smart – i Go Malaysia estore website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, Smart – i, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. The Site is operated by Smart Malaysia Tourist Apps Sdn. Bhd, a company incorporated in Malaysia under registration number (1053223-D) and having its registered address at Level 13, Wisma Tun Sambanthan, Jalan Sultan Sulaiman, 50000 Kuala Lumpur.
By accessing the Site, you agree and accept to be bound and abide by the Terms and Conditions herein. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF THE SITE
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, 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, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
GST will be implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of Items and services provided by Smart - I, being GST registered company, will include GST where applicable.
Please refer to the GST Act 2014 published in the gazette
on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is
under the jurisdiction of the Royal Malaysian Customs Department (“Customs
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Rocket Internet Malaysia (950035-M), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
1.1 In these Conditions:
"Buyer" means the person who accepts a quotation of Smart - i for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Smart - i estore;
"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Smart - i estore;
"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;
"Goods" means the goods (including any instalment of the goods or any parts for them) which Smart - i estore is to supply in accordance with a Contract;
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
“Smart Malaysia Tourist Apps Sdn. Bhd”, a company incorporated in Malaysia under registration number (1053223-D) and having its registered address Level 13,Wisma Tun Sambanthan, Jalan Sultan Sulaiman, 50000 Kuala Lumpur.
1.2 Any reference in these Conditions 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.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2. Basis of the Contract
2.1 The supply of Goods by Smart - i estore to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in Smart - i estore website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer and Smart - i estore.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Smart - i estore in its website shall be subject to correction without any liability on the part of Smart - i estore.
3. Orders and Specifications
3.1 Order acceptance and completion of the contract between the Buyer and Smart - i estore will only be completed upon Smart - i estore issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Smart - i estore shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Smart - i estore shall furthermore be entitled to require the Buyer to furnish Smart - i estore with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of despatch.
3. You can cancel your order provided that your order has not been successfully submitted and payment has not been received. Thus, all orders will be deemed to be irrevocable and unconditional upon your order has been submitted successfully and payment is received.
The price of the Goods and/or Services shall be the price stated in Smart - i estore website at the time which the Buyer makes its offer purchase to Smart - i estore. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, Smart - i estore added tax or similar tax which the Buyer shall be liable to pay to Smart - i estore in addition to the price. Smart - i estore reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Smart - i estore site. The terms and conditions applicable to each type of payment, as contained in Smart - i estore website, shall be applicable to the Contract.
5.2 In addition to any additional terms contained in Smart - i estore website, the following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment option is available for all Buyers. Smart - i estore accepts all Visa and MasterCard, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry- leading encryption standards.
Please take note that additional charges may be incurred if you are using a non-Malaysian issued card due to Foreign Exchange.
5.2.2 Debit Cards
Smart - i estore accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
5.2.3 Online Banking
i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to Smart - i account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Smart - i, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
ii. For the time being, Smart – i estore accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 Smart - i estore has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Smart - i estore shall not be liable for any delay in delivery or performance howsoever caused.
7. Passing Risk of the Goods
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Smart - i estore has tendered delivery of the Goods.
8. Disclaimer of Warranty
8.1 ALL THE INFORMATION AND FEATURES PROVIDED AND DISPLAYED ON THIS WEBSITE IS PUBLISHED WITHOUT ANY MALICE OR THE DESIRE TO DEFRAUD. THIS IS PURELY A MOCK PRESENTATION TO INTENDED MERCHANTS AND TOURISM ENTHUSIASIST. ALL THE INFORMATION ON THIS WEBSITE IS PUBLISHED IN GOOD FAITH AND FOR GENERAL INFORMATION PURPOSES ONLY. WE DO NOT MAKE ANY WARRANTIES ABOUT THE COMPLETENESS, RELIABILITY AND ACCURACY OF THIS INFORMATION. ANY ACTION YOU TAKE UPON THE INFORMATION ON OUR WEBSITE IS STRICTLY AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY LOSSES AND DAMAGES IN CONNECTION WITH THE USE OF OUR WEBSITE.
FROM OUR WEBSITE, YOU CAN VISIT OTHER WEBSITES BY FOLLOWING HYPERLINKS TO THESE SITES. WHILE WE STRIVE TO PROVIDE ONLY LINKS TO USEFUL AND ETHICAL WEBSITES, WE HAVE NO CONTROL OVER THE CONTENT AND NATURE OF THESE SITES AND THE LINKS TO OTHER WEBSITES DO NOT IMPLY A RECOMMENDATION FOR ALL THE CONTENT FOUND ON THESE SITES. PLEASE ALSO BE AWARE THAT WHEN YOU LEAVE OUR WEBSITE, OTHER SITES MAY HAVE DIFFERENT PRIVACY POLICIES AND TERMS WHICH ARE BEYOND OUR CONTROL.
FOR MORE INFORMATION YOU CAN CONTACT HM SMITH AT (123) 456 78910 OR firstname.lastname@example.org
8.2 YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF SMART – I , ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, SMART - I HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
9. Force Majeure
9.1 Smart - i estore shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of estore obligations if the delay or failure was due to any cause beyond Smart - i estore reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Smart - i estore reasonable control:
9.1.1 Act of God, explosion, flood, tempest, fire or accident;
9.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
9.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
9.1.4 import or export regulations or embargoes;
9.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Smart – i estore or of a third party);
9.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
9.1.7 power failure or breakdown in machinery.
9.2 Upon the happening of any one of the events set out in Condition 9.1 Smart-I e-store may at its option:-
9.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;