SPP - SPP.com.my Terms & Conditions page

SPP.com.my Terms & Conditions

TERMS AND CONDITIONS

1.Acknowledgement & acceptance of Terms of Use

These Terms of Use currently apply but may be amended or edited from time to time. Please read these Terms of Use carefully before you use this website. By using this website, you expressly agree to be bound by these terms as they now are or as amended or edited from time to time and acknowledge that you have read, understood and accepted them. However, if after having read these Terms of Use and you do not agree with them you must discontinue your use of this website.

2.Governing Law

All matters and issues relating to the use or interpretation of these Terms of Use shall be governed by the laws of Malaysia.

3.Intended Use

This website is a business and commercial site, and therefore is not intended for persons under the age of 18. If you are under 18, you should speak to your parents, your guardian, or a responsible adult and obtain their permission to use this website.

4.Orders and Specifications

Your order will be deemed accepted and completed by you upon our issuance of a confirmation of service(s) purchased by you or dispatch of the goods purchased to you. For the avoidance of doubt, Portal Online Sdn Bhd ("SPP") shall be entitled to refuse or cancel any order without giving any reasons for the same to you prior to issue of the confirmation of dispatch. SPP shall furthermore be entitled to require that you furnish to SPP with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

No confirmed order by you may be modified or cancelled by you except with the agreement in writing of SPP and on terms that you shall indemnify SPP in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by SPP as a result of the modification or cancellation, as the case may be.

5.Price

The price of the goods and/or services shall be the price stated in SPP's website at the time which you make your offer to purchase to SPP. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, goods and services tax or similar tax which you shall be liable to pay to SPP in addition to the price.

6.Terms of Payment

You shall be entitled to make payment for the goods and/or service(s) ordered or purchased pursuant to the various payment methods set out in SPP's website. The terms and conditions applicable to each type of payment, as contained in SPP's website, shall be applicable to the order.

In addition to any additional terms contained in SPP's website, the following terms shall also apply to the following types of payment:

(a)Credit Card

Credit Card payment option is available. SPP accepts all Visa and MasterCards, both Credit and Debit, issued by a Malaysian bank or financial institution 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.

(b)Debit Cards

SPP 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.

(c) Online Banking

By choosing this payment method, you shall transfer the payment for the said goods and/or service(s) to a SPP's account for the total amount of your purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. SPP, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time. The list of banks available for online bank transfer is as listed on this website, and such list may be amended from time to time.

7.Delivery/Performance

Delivery of the goods purchased by you shall be made to the address specified by you in your order. SPP has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the said goods to any other party as it may from time to time decide without giving notice of the same to you. Delivery of any such goods purchased by you shall only be made to a Malaysian address.

Any dates quoted for delivery of the said goods are approximate only. The time for delivery/performance shall not be of the essence, and SPP shall not be liable for any delay in delivery or performance howsoever caused.

If SPP fails to deliver the said goods in accordance with the specified time or within a reasonable time, you shall be entitled, by serving written notice on SPP, to demand performance within a specified time thereafter, which shall be at least 14 business days. If SPP fails to do so within the specified time of not less than 14 business days, you shall be entitled to terminate your purchase in respect of the undelivered goods and claim compensation for actual loss and expense sustained as a result of SPP's non-performance, which was foreseeable at the time of conclusion of the purchase/order and resulting from the usual course of events, subject always to the limitations set out in Paragraph 10.

If you fail to take delivery of the said goods (otherwise than by reason due to SPP's fault) then without prejudice to any other right or remedy available to SPP, SPP may:

(a) sell the said goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess (if any) over the price paid by you to SPP provided the price has been paid to and received by SPP in cleared funds in full or charge to you any shortfall below the price paid by you to SPP; or

(b) terminate your order and claim damages from you.

8.Risk and Property of the Goods

Risk of damage to or loss of the goods purchased or order by you shall pass to you at the time of delivery or if you wrongfully failed to take delivery of the said goods, the time when SPP has tendered delivery or attempted to tender delivery of the said goods.

Notwithstanding delivery and the passing of risk in the said goods or any other provision herein, the property in the said goods shall not pass to you until SPP has received in cash or cleared funds payment in full of the price of the said goods and all other goods agreed to be sold by SPP to you for which payment is then due.

Until such time as the property in the said goods passes to you, you shall hold the said goods as SPP's fiduciary agent and bailee and shall keep the said goods separate from your other goods.

You agree with SPP that you shall immediately notify SPP of any matter from time to time affecting SPP's title to the said goods and you shall provide SPP with any information relating to the said goods as SPP may require from time to time.

Until such time as the property in the said goods passes to you (and provided the said goods are still in existence and have not been resold) SPP shall be entitled at any time to demand you to deliver up the said goods to SPP and in the event of non-compliance SPP reserves it's right to take legal action against you for the delivery up the said goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against you.

You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the said goods which remain the property of SPP but if you do so all moneys owing by you to SPP shall (without prejudice to any other right or remedy of SPP) forthwith become due and payable.

If the provisions under this Paragraph 8 are not effective according to the law of the country in which the said 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 you shall take all steps necessary to give effect to the same.

You shall indemnify SPP against all loss damages costs expenses and legal fees incurred by you in connection with the assertion and enforcement of SPP's rights under this condition.

9.Warranties and Remedies

Subject as expressly provided hereunder, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

Subject to this Paragraph 9, SPP warrants that the goods purchased or ordered by you will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period specific to that good purchased (the warranty period for each good is as set out in that product's description or specification as listed in this website The terms and conditions to any warranty claim of a product shall be in shall be in accordance with that stated and specified in the products' user manual book accompany that product) from the date on which the said goods are delivered or deemed to be delivered ("Warranty Period"). Where you are dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), SPP further gives to you such implied warranties as cannot be excluded by law.

SPP's above warranty concerning the said goods is given subject to the following conditions:

(a) 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 said goods 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 SPP.

(b) Any description given of the said goods is given by way of identification only and the use of such description shall not constitute a sale by description.

(c) SPP binds itself only to deliver said goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of SPP's opinion in that behalf. SPP does not give any warranty as to the quality state condition or fitness of the said goods.

(d) SPP shall be under no liability for the following measures and actions taken by you or third parties and the consequences thereof: improper remedy of defects, alteration of the said goods without the prior agreement of SPP, addition and insertion of parts, in particular of spare parts which do not come from SPP.

(e) SPP shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow the SPP' guidelines, the terms and conditions of the product's user manual or instructions manual (whether oral or in writing) misuse or alteration or repair of the Goods without SPP's approval.

(f) SPP is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without SPP's prior written approval and the Buyer shall indemnify SPP against each loss liability and cost arising out of such claims.

(g) SPP shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the said goods has not been paid in cleared funds by the due date for payment.

(h) SPP shall be under no liability whatsoever in respect of any defect in the said goods arising after the expiry of the Warranty Period.

Any claim by you which is based on any defect in the quality or condition of the said goods or their failure to correspond with specification shall be notified to SPP within three (3) days from the date of receipt of the said goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. During use, the said goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the goods must not be used. SPP shall be given written notification immediately, specifying the reservations or the defect. However in no event shall you be entitled to reject the said goods on the basis of any defect or failure, except where the failure is such that the said goods delivered are of a fundamentally different nature than those which SPP had contracted to deliver.

If you do not give due notification to SPP in accordance with the above paragraph, SPP shall have no liability for any defect or failure or for any consequences resulting therefrom. Where any valid claim in respect of any of the said goods which is based on any defect in the quality or condition of the said goods or their failure to meet a specification is notified to SPP in accordance with the above paragraph, the non-conforming said goods (or part thereof) will be repaired or replaced free of charge as originally ordered.

When SPP has provided a replacement for the said goods or given you a refund, the non-conforming said goods or parts thereof shall become SPP's property.

10.Disclaimer and Limitation of Liability

The information, price, products, and services included on this website may include inaccuracies or typographical errors. Changes are periodically added to the information and contents herein. SPP may make improvements and/or changes in or to this website at any time. Any data, price and/or information contained in this website should not be relied upon without proper advice and you should consult an appropriate independent professional, lawyer, accountant, or other officer/specialist for specific advice tailored to your circumstances, requirements or needs.

SPP makes no representations about the suitability, reliability, timeliness, completeness and accuracy of the information, price, contents, services and related graphics contained in this website for any purpose. The information, materials and services contained in this website are provided to you on a "as is", and "as available" basis. We do not warrant, represent or guarantee the correctness, timeliness, reliability, accuracy or completeness of this information, price, statements, contents or materials, and expressly disclaim any liability for any errors, omissions and/or inaccuracies in this information, data, statements, contents and materials. SPP shall endeavour its best but is not obliged to correct any inaccuracies, errors, omissions or typographical errors in the information or price posted to this website, and such information including information on pricing and availability of the goods and/or services may be changed, amended or updated without prior notice.

SPP shall not be responsible for any unauthorized access to or alteration of any material, price or data sent or received or not sent or received, or any transactions entered into through this website. SPP is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. SPP is not responsible for any content sent using this website by any user or third party.

To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory. In addition, we do not warrant, guarantee or make any representation regarding the security of accounts, or that this website is free from destructive material, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or make any representations that access to this website will be fully accessible at all times, uninterrupted, or error-free.

SPP hereby disclaims all warranties and conditions with regard to this information, contents, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by law, we disclaim liability for any damages including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with -

(i) use of this website, or inability to see this website by any party; or

(ii) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or

(iii) line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.

In the event that any provision(s) contained in these Terms of Use is held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of the terms which shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had never existed. SPP's failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any terms, provision or right.

In no event shall SPP be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of this website, with the delay or inability to use this website, the provision of or failure to provide goods and/or services, or for any information, products, services and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise. If you are dissatisfied with any portion of this website, or with any of its terms of use, your sole and exclusive remedy is to discontinue using this website.

11.Intellectual Property

Unless otherwise indicated, all copyright and/or intellectual property rights to this website's design, text and graphics is own by SPP.

All Rights reserved. Except as stated herein, none of the material may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purposes unless such use is permitted by SPP.

Trademarks

All trade names, domain names, brand names, trade symbols, logos, slogans, trade marks or services marks consisting of the name "SPP" are trademarks or proprietary interests of SPP. There are other trade names, brand names, trade symbols, logos, slogans, trade marks, service marks, brand names, company names, logos, slogan, trade marks or service marks indicated on this website that are the property of their respective owners.

12.Links

This website may contain numerous links to other Internet Sites including, without limitation, other affiliation sites and sites that may provide advice or other goods and services which are operated by third party vendors. The provision of the link does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through the associated websites. By utilising these links, you acknowledge and agree that we are not responsible for the actions, contents, accuracy, privacy, policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledge and agree that we are not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.

13.Cookies

Cookies may be used by us to provide you with customised information from our website. A cookie is an element of data that a website can send to your browser, which may then store it on your system. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our website. Cookies may also allow us to make our website more user friendly by, for example, allowing us to save your password so that you do not have to re-enter it every time to visit our website.

We use cookies so that we can give you a better experience when you return to our website. Most web browsers automatically accept cookies. You do not have to accept cookies, and you should read the information that came with your browser software to see how you can set up your browser to notify you when you receive a cookie, this will give you the opportunity to decide whether to accept it. If you disable cookies from your browser you may not be able to access certain features of a particular website.

14.Dispute Resolution

Any dispute arising in connection with these Terms of Use or in connection with the use of this website which cannot be resolved by good faith negotiations shall be referred to mediation or to arbitration.

15.No Unlawful or Prohibited Use

As condition of your use of this website, you shall comply with all applicable laws, statutes, ordinance and regulations regarding your use of our service and any related activities. In addition, you warrant that you shall not use this website for any purposes that is unlawful or prohibited in law or by these terms, conditions and notices. You agree:

(i) Not to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of anothers' privacy, hateful, or racially, ethnically or otherwise objectionable.

(ii) Not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

(iii) Not to collect or store personal data about other users.

(iv) Not to interfere with or disrupt the service or services or networks connected to the service, or disobey any requirements, procedures, policies or regulations of the networks connected to the service.

16.Submissions

Any material, information or ideas you transmit or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by SPP or its related and affiliated companies for any purposes whatsoever, including, but not limited to, reproduction, transmission, archiving, publication, broadcast, posting, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to SPP will be handled in accordance with SPP's Privacy Policy. SPP has no responsibility to respond to messages posted at this Website.

17. Security

SPP endeavours to take all reasonable steps to protect your personal information. All the data collected by us is stored on a secure server. The secure server software encrypts all information you input before it is sent to us.