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Customer Terms and Conditions of Use
Welcome to www.sunwayemall.com (“Sunway eMall”)
This page sets out the terms and conditions on all our Merchant’s products and services available for sale on Sunway eMall to our valued Customers.
BY YOU USING THE PLATFORM, YOU UNDERTAKE THAT YOU HAVE READ, AND UNDERSTOOD THESE TERMS BELOW AND FURTHER AGREE AND CONFIRM THAT THESE TERMS WILL LEGALLY BIND YOU. IF YOU DO NOT AGREE WITH THESE TERMS (WHOLLY OR IN PART), PLEASE IMMEDIATELY REFRAIN AND DISCONTINUE USAGE OF THE PLATFORM.
1. Definition and Interpretation
1.1 The following definition and rules of interpretation in this clause apply in these terms and conditions.
Account: means an account created on the Platform you will need to submit an Order on the Platform.
Business Day: a day, other than a Saturday, Sunday or public holiday in Selangor, when banks in Malaysia are open for business.
Contract: your Order of a Product(s) in accordance with these terms and conditions which may be accepted by the Merchant who list Products for sale on the Platform.
Customer: a user who logs into the Platform and enters into a Contract to purchase the Product by placing an Order on the Platform.
Merchant: a seller who lists/supplies Products for sale on the Platform.
Operator: Sunway IFM Sdn Bhd a company incorporated in Malaysia with its registration number 198401017677 (130231-P).
Order: orders for Product(s) on the Platform made by the Customer.
Platform: the online marketplace operated by the Operator under the name “Sunway eMall”.
Product: the products and services ordered by the Customer and supplied by the Merchant.
(a) Words denoting the singular shall include the plural and vice versa. Words denoting the masculine gender include the feminine and neuter genders and vice versa (or to a legal person as the case maybe).
(b) Where an act is required to be done within a period (days or months) from a specified date, the happening of an event or the doing of an act, then the period shall be inclusive of the date so specified or the date on which the event happens or the act is required to be done.
(c) The headings and sub-headings in these terms and conditions are inserted for convenience only and are to be ignored in the construction and/or interpretation of these terms and conditions.
"Writing" includes electronic mail. When we use the words "writing" or "written" in these terms, this includes emails.
2. These terms
2.2 Amendment to these terms. We may amend, add and delete these terms from time to time and the latest updated terms shall be the prevailing terms that governs your usage of the Platform. You are advised to read and check these terms every time you wish to use the Platform. We are not obliged to provide you with any notice for any changes, amendments, variation or modification made to the terms. You undertake that your continuous usage of the Platform means that you have read and are aware of any updated terms and conditions and have further agreed to be bound by them.
2.3 You Must Be 18 years. You must be at least 18 years of age to accept these terms and conditions. By using the Platform or placing an Order on the Platform, you undertake that you are at least 18 years of age.
3. Operator Role and Contact details
3.1 Our role as Platform Operator. We operate and provide this Platform for Customers to explore and purchase from the Merchants. It is important to note that we are not a part of any transaction/Order made on the Platform. By shopping on the Platform, you understand that:
(a) You are not purchasing directly from us, but from our Merchants.
(b) We do not sell, supply, guarantee or endorse any Product sold on the Platform or any content or material posted by Merchants.
(c) Save for provisions under clause 6.1, each Merchant has its own processing times, shipping methods and shop/purchase policies.
3.2 How to contact us. You can contact us by telephoning our customer relations team during office hours from 9am to 6pm at 03-7494 3002 or by writing to us at firstname.lastname@example.org. We will respond to you during Business Days within 48 hours.
3.3 How we may contact you. If we/Merchant have/has to contact you, we/Merchant will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
4.1 You must not misuse the Platform. You agree to use the Platform only for purposes that are permitted by these terms and conditions, any applicable law or regulation and/or generally accepted practices or guidelines. You shall not use any automated systems or software to extract data from the Platform for any purpose. You shall not cause a computer to perform or facilitate the performance of any function with intent to secure unauthorized access or modification to any material, program or data held on the Platform. You shall not commit or encourage a criminal offence, transmit or distribute a
virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. You agree and undertake that any complaints allowed on the Platform shall not be illegal, derogative, offensive or defaming in nature. Any breach of this provision would constitute an offence in law. In the event such breach occurs, in addition to terminating
your Account or restricting your access to the Platform (in whole or in part), we can also take other action including, but not limited to, reporting the breach to the relevant law enforcement authorities for appropriate legal action to be taken. The prohibition under this Clause 4.1 shall include but not be limited to acts of fraud, negligence, misconduct, abuse or in the opinion of the Operator adverse to the interest of any party on this Platform.
5. Terms of Purchase
5.1 Registration. To place an Order, you must register with us by creating an Account on the Platform. You must only submit to us the required information such as your name, a valid mobile phone number, a valid email address and other personal information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Platform.
5.2 Formation of a Contract. The information set out in these terms and conditions and the details contained on this Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Product shall exist between you and the Merchant until the Merchant accepts payment for the Product ordered on the Platform from you.
5.3 Contract with Merchant. All Orders and Contracts made on the Platform is between the Merchant and the Customer. We are merely the Platform provider and Operator, connecting both Merchants and Customers. We are not responsible in ensuring the completion of any Contracts or fulfilment of Orders made on the Platform. The Merchants will fulfil the Orders placed by Customers and process the returns and refunds placed by Customers. All disputes and complaints regarding Orders and Contracts should be raised with the Merchant and not us. We reserve the right to restrict any destinations to which the Merchant may ship or deliver its Product.
5.4 Your Order number. The Platform will assign an Order number to your Order once your Order is successful. The Merchant shall use the relevant Order number in all subsequent correspondence to the Customer relating to the Order.
5.5 Do not rely on Information on the Platform. The information, materials and services on the Platform is provided for general information purposes only. The Merchant is responsible for ensuring the accuracy of the description of the Product on the Platform. To the extent permitted by law, we disclaim all implied and/or express warranties, guarantees and make no representation as to the accuracy, suitability, applicability or completeness of any information on the Platform. We assume no liability for any loss or damage suffered by you arising from your use of or reliance on the information on the Platform.
5.6 Refusal of Order. We reserve the right to withdraw any Product listed on the Platform at any time and/or remove or edit any materials or content on the Platform. We have no liability to you or any other person by reason of our withdrawing of a Product listed on the Platform, removing or editing any materials or contents on the Platform.
5.7 Our right to end the Contract. By using the Platform, you authorise the Operator to end any Contract at any time due to any unforeseen extraordinary circumstances which the Operator deems adverse, threatening or in the opinion of the Operator detrimental to the Operator, the Platform, the User or the Merchant. Where any Contract is ended pursuant to this Clause, you shall hold the Operator harmless against any liability that may arise from the ending of the Contract.
6.1 Delivery mode. The Merchant will pack and supply the Product to be delivered to you. Depending on the delivery mode selected by you, the Merchant will either drop off the packaged Product at the Merchant’s shop selected by you for your collection (self-pickup) or appoint us as their delivery agent to assist the Merchant in delivering the Product, where we will use a third party logistics company to deliver the Product. In instances where we assist the Merchant as their appointed delivery agent, you agree, acknowledge, confirm and undertake that we are and will not be held liable for:
(a) the condition of the Product received; and
(b) the content of the packaged Product.
For the avoidance of doubt, our role as delivery agent does not include packaging and our knowledge of the packaged Product is based solely on the declaration provided by the Merchant in the invoice. Should any prohibited items be discovered upon the receipt of the Product by you, you further undertake to hold us harmless of such contents.
6.2 Delivery costs. The costs of delivery will be displayed to you on the Platform. You may choose to purchase insurance for the delivery of your Orders. These insurance policies will be offered by a third party insurance provider to you on the Platform.
6.3 Delivery timeframe. You will be notified of the estimated delivery time of your Product on the Platform.
6.4 There may be delays outside the third party logistics company’s control. If the supply of the Product is delayed by an event outside the third party logistics company’s control then the third party logistics company/Merchant will contact you as soon as possible to let you know and the third party logistics company/Merchant will take steps to minimise the effect of the delay. We will not be liable for delays, but if there is a risk of substantial delay you may contact the Merchant to end the Contract and receive a refund for any Product you have paid for but not received.
6.5 Collection by you (self-pick up). If you have chosen to collect the Product from the Merchant’s shop, you can collect them from the Merchant at any time during their opening hours (which will be informed to you).
6.6 If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Product cannot be posted through your letterbox, the third party logistics company will arrange to make a second delivery at your address at a later day. If after two (2) failed delivery attempts of the Product, the Operator will return the Product to the Merchant.
6.7 If you do not collect the Product after two (2) failed delivery attempts. If you do not collect the Product from the Merchant as arranged or if, after two (2) failed delivery attempts to you, we, or the third party logistics company/Merchant will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our, or the third party logistics company’s/Merchant’s reasonable efforts, we/they are unable to contact you or if you fail to collect the Product the Merchant may end the Contract and clause 9.1 will apply.
6.8 When you become responsible for the Product. Risk will pass to you when the Product is handed to the courier company for delivery or when you collect the Product from the Merchant’s shop, whichever is applicable.
6.9 What will happen if you do not provide accurate information on the Platform. We may need certain information from you so that the Product can be delivered to you using a third party logistics company, for example, your name, a valid mobile phone number, a valid email address and other personal information. If so, this will be stated on the Platform or we will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, the Merchant may either end the Contract (and clause 9.1 will apply) or make an additional charge of a reasonable sum to compensate for any extra work that is required as a result. We will not be responsible for supplying the Product late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.10 Reasons to suspend or recall the supply of Product to you. The supply of Product may be suspended or a Product recall may occur to:
(a) deal with technical problems or make minor technical changes;
(b) comply with any legal or regulatory requirements;
(c) update the Product to reflect changes in relevant laws and regulatory requirements;
(d) allow for the Merchant to make changes to the Product as requested by you or notified by the Merchant to you. We reserve the right to withdraw any Product listed from the Platform at any time and/or remove or edit any materials or content on the Platform.
7. Your rights to cancel your Order. Please refer to the return policy provided in our FAQ
8. How to end the Contract with the Merchant
8.1 Inform the Merchant you want to end the Contract. To end the Contract with the Merchant, do so by contacting the Operator using one of the following:
(a) Call or Email. Call customer relations team at 03-7494 3002 (office hours: Business Days, 9am to 6pm) or email at email@example.com. Please provide your name, home address, details of the Order and, where available, your mobile number and email address provided always that the Merchant has not processed your Order and proceeded for delivery.
8.3 Faulty Product. All Product descriptions, information and materials posted on the Platform are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
8.4 Charges for return. The Merchant will be responsible for the costs of return unless otherwise provided in this Clause 8 or in the FAQ.
8.5 How you will be refunded. You will be refunded the price you paid for the Product including delivery costs, by the method you used for payment. However, deductions may be made from the price, as described below.
8.6 Deductions from refunds if the Product is faulty, defective or incorrect:
(a) There may be a reduction in your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product, if this has been caused by your handling of the Product in a way which would not be permitted in a shop.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method offered. For example, if delivery of a product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then you will only refunded what you would have paid for the cheaper delivery option.
9. The Merchant’s right to end the Contract
9.1 The Merchant may end the Contract if you break it. The Merchant may end the Contract for a Product at any time by writing to you if:
(a) you do not, within a reasonable time, allow delivery of the Product to you or collect it from the Merchant’s shop; or
(b) the Merchant deems at its absolute discretion that it is impossible for the Product to be provided to you for whatever reason (for example, the Product is out of stock, obsolete or there is a Product recall).
9.2 Indemnity. You agree to indemnify, defend and hold harmless the Operator, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Platform or your breach of the terms and conditions.
10. If there is a problem with the Product
10.1 How to tell the Merchant about problems. If you have any questions or complaints about the Product, please refer to our FAQ or contact us using the contact information provided in clause 8.1.
11. Price and payment
11.1 Where to find the price for the Product. The price of the Product (which includes taxes and delivery charges) will be the price indicated on the order pages when you place your Order on the Platform. The Merchant will use its best efforts to ensure that the price of the Product advised to you is correct.
11.2 What happens if the price is wrong. It is always possible that, despite best efforts, some of the Products listed on the Platform may be incorrectly priced. In this instance, the Customer will pay the price that is listed on the Platform, even if it is incorrectly priced. There will be no refund provided to the Customer for any Product that is incorrectly priced.
11.3 When you must pay. You must pay for the Product in order to successfully place an Order on the Platform.
11.4 Promo Codes. Payment of a Product may be made by using promo codes provided to Customers on the Platform. Use of promo codes will be subject to specified guidelines.
11.5 Sunway Pals Loyalty Program. The Sunway Pals Loyalty Program is owned, operated and managed by Sunway Pals Loyalty Sdn Bhd (Company No. 914000-K) (“Sunway Pals”). Customers who choose to participate in the program may accrue and use Sunway Pals points for all transactions made on the Platform subject to the Sunway Pals points policy. If a Customer does not register a Sunway Pals member account then an account will automatically be registered for the Customer. The Sunway Pals points maybe used with Merchants who are participants in the Sunway Pals Loyalty Program. Sunway Pals may at any time at its sole discretion add, remove, substitute, alter
suspend or terminate the Sunway Pals Loyalty Program. We disclaim all liability to the maximum extent permitted by law for liability of any description, including liability for negligence, or any damages or losses (including, but without limitation to indirect or consequential loss or loss of business, revenue, profits use or opportunity) howsoever resulting from your use of (or inability to use) the loyalty program.
11.6 Product packaging. The Merchant will pack and supply the Product to you.
11.7 Third Party Payment Processor. We have engaged a third party payment processor to carry out all payment processing on the Platform. For the avoidance of doubt, we are not responsible and do not perform nor conduct any settlement of funds and payment made on the Platform. Such services is performed by our appointed third party processor.
12. We are not responsible for any loss or damage suffered by you
12.1 Limitation of liability. To the extent permitted by law, we exclude and limit our liability to you, including any losses or damage you may suffer in accessing or using the Platform. We are not liable to you for any direct, indirect, incidental, consequential or punitive damage or damages arising out of any use of, access to, or inability to use or access the Platform. In providing the Platform to you, we make no representation, undertaking or warranty as to the uptime or availability of the Platform or the suitability of the Platform.
12.2 We are not liable for business losses. We do not supply the Product. If you use the Product for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We are not responsible for Platforms we link to. Where our Platform contains links to other platforms and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked platforms or information you may obtain from them. We have no control over the contents of those platforms or resources.
12.4 We are not responsible for viruses. We do not guarantee that our Platform will be secure or free from bugs or viruses.
13. Guarantee and Complaints Management
13.1 We shall provide the Platform under these terms and conditions with reasonable care and skill.
13.2 We place great value on Customer satisfaction. You may contact us at any time using the contact details given in clause 8.1. We will attempt to address your concerns regarding the use of the Platform as soon as possible and will contact you on receipt of any relevant enquiry or complaint.
14. How we may use your personal information
15. Intellectual Property Rights
15.1 Our rights are reserved. The Platform and any information and content available on it including, but not limited to, text, graphics, logos, icons, images, software, trademarks are protected by copyright, design, trademark and other intellectual property rights owned or controlled by us and/or our licensors. You may download, print and display materials on the Platform for personal use only. You undertake and agree not to use, copy, reproduce, republish, upload, download, post, transmit, modify, alter or display or distribute in any way the contents or any part of the Platform for any purpose without our prior written consent.
16.1 Force Majeure. We shall not be liable to you for any loss, damage, breach, hindrance or delay to observe and perform these terms and conditions attributable to any cause beyond our reasonable control, including without limitation war, pandemic (excluding Covid-19), endemic, insurrection, fire, flood, earthquake, acts of God, strikes, lock-outs, prohibitions or other actions by any government or semi-government authorities.
16.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will provide notice on the Platform if this happens. By continuing to use the Platform after such transfer, signifies your consent to such transfer.
16.3 If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or unenforceable, the remaining paragraphs will remain in full force and effect. If any invalid, unenforceable or illegal paragraph would be valid, enforceable or legal if some part of it were deleted or modified, the paragraph shall apply with whatever modification is necessary to give effect to the paragraph.
16.4 Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.5 Which laws apply to these terms and where you may bring legal proceedings.
These terms are governed by Malaysian law and you can bring legal proceedings in respect of the Product in the Malaysian courts.
16.6 Assignment. You shall not assign transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these terms and conditions or a Contract or all or any of your rights or obligations under these terms and conditions or a Contract.
16.7 Relationship. Nothing in these terms and conditions shall create or be deemed to have created a partnership, an agency or a relationship of employer and employee between you and us.