[IMPORTANT] Please be informed that by accessing and/or using our websites www.jayamart.com and/or www.jayamart.com.my ( hereinafter referred as “Website”), you are agreeable to be bound and/or governed by the terms & conditions and/or any policy contained within our website. If you do not agree to these terms & conditions and/or any policy contained herein, please do not access and/or use our website and/or services of the same.
By accessing and/or using our Website, you agree:
- to access and/or use our Website for lawful purposes, in a lawful manner and good faith only at all times;
- not to undertake any illegal activities and/or purposes on our Website;
- not to gain and/or attempt to gain unauthorized access and/or interfere, disrupt, corrupt or damage our Website and/or networks connected to our Website;
- not to post any unauthorized and/or prohibited materials, and/or upload any viruses, malware and/or harmful/damaging components on our Website;
- not to undertake any actions and/or activities to interfere, disrupt, corrupt or damage our Website, our computer system, our computer network, and/or any other third party’s website, computer system and/or computer network;
- that you are of legal age and who have the legal capacity to enter into and form contracts under any applicable law;
- any records, such as but not limited to, quotation, order cart, invoice, etc, maintained by us relating to or in connection with our Website and/or services of the same shall be binding and conclusive on you and shall be conclusive evidence of any information transmitted between us and you. You hereby agree that all such records are admissible in evidence in which you shall not challenge or dispute the admissibility, reliability, accuracy and/or authenticity of such records in due the same are in electronic form and/or generated by a computer system; and
- to comply with the good practices, standards, rules, regulations and/or any other applicable laws.
In addition to the above, for our “Corporate” and “Dealer” customers, you agree:
- that any use and/or access to our Website and/or services of the same referable to your login access (your Username and/or Password) shall be deemed to be you, including any information or communications transmitted and validly issued by you;
- not to assign your rights and/or your login access (your Username and/or Password) to our Website to any other third party without prior written consent to us;
- to keep your login access (your Username and/or Password) confidential and shall be responsible for the security of your account and liable for any disclosure or use disregard whether or not such use is authorized. You should notify us immediately if you have knowledge that or have reason to suspect that the confidentiality of your login access (your Username and/or Password) has been compromised or if there has been any unauthorized use; and
- that we may at any time in our sole and absolute discretion, request update of your Personal Data and/or invalidate your login access (your Username and/or Password) without giving any reason or prior notice, and we shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or because of such request or invalidation.
TERMS & CONDITIONS OF SALE
By placing your order through our Website, you agree:
- to be responsible for ensuring the accuracy of your order, you further agree to the pricing, payment term and any terms & conditions in place;
- if you fail to make any payment under the terms & conditions, we reserve the rights to suspend delivery of the products until payment is made in full;
- in any event, a cancellation of the order made by you for any reason whatsoever, particularly but not limited to custom-made order, pre-order, special order and/or order-upon-request products, you shall be bound by and agree to indemnify us, in-part and/or in-full against any and all losses arising out of such cancellation; and
- in any event, all orders, purchases and/or payment made by you to us are firmed, we offer no guarantee of any return of products (provided under below Product Warranty and/or Return Policy clauses), a refund of payment, or whatsoever.
Warranties concerning a product (“Product Warranty”) sold shall be stated on our Website for the relevant product and shall be limited by the terms and conditions therein. Any Product Warranty claim must be furnished with the invoice of the relevant product. All Product Warranty is subject to the terms & conditions of the respective brand, agent and/or supplier.
For your return to be valid, the product must be purchased from us and any such return claim and product must be notified and return to us within 7 days from your order received date. Any returned product must be returned to us in original condition, unused/unopened condition, complete quantity and/or with complete parts/accessories.
You may return a product when you:
- receive a faulty or damaged product;
- receive a wrong product delivered; and/or
- receive a product that has missing parts/items.
We take our customer’s privacy seriously and we will only collect, record, hold, store and use your personal information solely for us to process your order, delivery and sending of relevant information, promotional e-mails and any communications, notices, updates and other information to you.
Upon you giving us your personal information, you agree to give us your full, free, and unequivocal consent and authority to use your personal information for the abovementioned processed and/or transactions.
We will not share your personal information with any other third-party unless required by the law. We are committed to complying with the guidelines and orders of the Personal Data Protection Act 2010.
ACCURACY OF INFORMATION
We use our best endeavour to provide accurate information, description and/or pricing of the products, however, we do not warrant that such information, description and/or pricing is accurate, complete, current or free from any error.
The Intellectual Property Rights, such as but not limited to, trademark and/or copyright are owned, licensed to or controlled by us and/or our respective suppliers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law. Nothing on the Website and/or in the Term of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, without our written permission or any other applicable trademark owner.
No part or parts of the Website and/or any information or materials may be reproduced, 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 written permission or any other applicable copyright owners.
Permission will only be granted to you to download, print or use any information and/or materials on our Website for personal and non-commercial uses, provided that you do not modify the information and/or materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the information and/or materials.
MODIFICATION AND/OR TERMINATION
We reserve the rights at all time to revise, modify, suspend, discontinue and/or terminate our Website, any services of the same and/or any of your login, username and/or password without giving any reason or prior notice; and we shall not be liable if any of such revise, modify, suspend, discontinue and/or terminate prevents you from accessing our Website and/or any services of the same.
We expressly make no warranties, expressed or implied, and hereby disclaims and negates all other warranties including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
LIMITATION OF LIABILITY
In no event shall we and/or our suppliers be liable for any kind of damages, non-performance, error, interruption or delay in the performance of its obligations, any inaccuracy, unreliability and/or unsuitability arising out of the use or inability to use our Website and/or services of the same.
If at any time any provision of the Terms & Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, all other remaining provisions of the terms and conditions hereof shall remain unaffected thereby and in full legal force and effect.
In any event, our failure to enforce any terms & conditions herein shall not constitute a waiver of the same, and such failure shall not affect the right later to enforce any of these terms & conditions. We would still be entitled to use our rights and remedies in any other situation where you breach these terms & conditions.
Use of the Website and/or services of the same, and the Terms & Conditions stipulated herein shall be governed by and construed in accordance with the Law of Malaysia.
If you have any questions about the Terms & Conditions, please contact us by email, email@example.com.