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These Terms and Conditions govern the sale of equipment or other item (“Product”) to you (“Buyer”) through EXTIVA COMMUNICATIONS SDN BHD (“Extiva”) iSTORE ONLINE SHOPPING website (“Website”).
Unless otherwise agreed by Extiva, the sale of Products through the Website is currently only available to the employees of YTL Group (i.e. YTL Corporation Berhad and its direct & indirect subsidiaries)
1 Price
1.1 For each Product ordered by the Buyer, the Buyer will be charged the price quoted for such Product at the time the Buyer's Order form as prescribed in the Website ('Order Form') is submitted and received by Extiva. No Order Form shall be effective unless it is duly completed and actually received by Extiva, and all payments, charges and expenses thereof (as stated in the Order Form) have been successfully received by Extiva.
1.2 The Buyer shall select a payment method stipulated in the Order Form, and bear any charges (as stated in the Order Form) payable for the selected payment method. The Buyer shall also bear all other charges or expenses (if any) as stated in the Order Form, including without limitation any delivery charges, administrative charges, taxes or duties.
1.3 The charges and expenses mentioned above shall be payable together with the purchase price payable by the Buyer. By submitting the Order Form, the Buyer authorises Extiva to collect all payments, charges and expenses in respect of the Order Form, and agrees to pay Extiva if Extiva is unable to collect the same without delay for any reason.
1.4 If the Buyer chooses the payment method of paying the purchase price together with all charges and expenses thereof directly to Extiva's bank account, the Buyer shall provide Extiva with a copy of the relevant documentary evidence showing that such monies have been duly paid.
1.5 If, by mistake or no fault of Extiva, Extiva has under-priced a Product, Extiva will not be liable to supply that Product to the Buyer at the stated price.
2 Delivery
2.1 Upon the receipt of a completed Order Form and all payments, charges and expenses thereof:-
(a)The Buyer shall not alter, modify or cancel its Order Form; and
(b)Extiva shall deliver to the Buyer (by hand or courier, as designated by the Buyer) at a single delivery location designated by the Buyer that is within, Malaysia or such other location as permitted by Extiva in its absolute discretion.
2.2 All risk in connection with the delivery of the Redemption Voucher shall be borne by the Buyer. In the event the first attempt for the delivery of the Redemption Voucher to the Buyer is unsuccessful for any reason whatsoever, Extiva shall not be responsible for the non-delivery of the Redemption Voucher. The Buyer shall contact Extiva for the collection of the Redemption Voucher.
2.3 The Buyer shall collect the purchased Product from the participating outlet stated on the Redemption Voucher by redeeming the Redemption Voucher (with the original Redemption Voucher being surrendered and the Buyer’s identification document being presented) at such outlet. The Buyer must redeem the Redemption Voucher no later than the expiry date stated on the Redemption Voucher, failing which the Redemption Voucher shall cease to have any effect, Extiva shall not be obliged to issue a replacement voucher or to refund any money, and the purchase is deemed completed. The expiry date shall be a day falling two (2) weeks after the date of the Purchase Form (or such other longer period as stipulated by Extiva in its absolute discretion).
3 Offer and acceptance
3.1 By submitting a completed Order Form, the Buyer offers to purchase the Product stated therein, on and pursuant to these Terms and Conditions and the Order Form, and the Buyer confirms that the Buyer has read, understood and agreed to these Terms and Conditions
3.2 It shall be in Extiva's absolute discretion to accept or reject any offer (without cause or reason). Notwithstanding any statement on the Website, if Extiva accepts the Buyer's offer, these Terms and Conditions, the Order Form shall be the sole terms of the agreement between the Buyer and Extiva regarding the Buyer's online purchases over the Website. All statements otherwise made on the Website are intended only for the Buyer's convenience and do not form and are not included in the terms for the Buyer's purchase.
3.3 Extiva is entitled in its absolute discretion to update or amend all or any part of these Terms and Conditions from time to time for any reason whatsoever, with or without notice to the Buyer. Unless otherwise stated by Extiva in its absolute discretion, all updates or amendments shall also be applicable to Buyers whose Order Forms were received by Extiva prior to the effective date of such updates or amendments. It is the responsibility of the Buyer to review these Terms and Conditions for any such update or amendment.
4 Shopper information
4.1 The Buyer undertakes to provide accurate, complete and updated information as required by Extiva or the Order Form, including, but not limited to, the Buyer's legal name, delivery address, and telephone number. The Buyer must provide Extiva with accurate and complete credit card details including the card verification code (CVC) and expiration date at the time of submitting the Order Form. The Buyer represents and warrants to Extiva that the Buyer's use of any credit card is authorized and legal.
5 Communications
5.1 Extiva shall conclusively presume that all communications (including online communications) received from the Buyer through the use of any communication devices or Order Form are accurate, complete, and authorized by the Buyer. The Buyer agrees not to contest the validity and binding legal effect of those communications.
6 Availability
6.1 Although Extiva believes that it will have sufficient inventory to fill the Buyer's orders, it is possible that certain Products may be unavailable, from time to time. If for any reason, Extiva is unable to supply a Product at the price quoted on the Website, Extiva shall not be liable to the Buyer and shall refund any purchase price, which has been collected by Extiva for the said Product.
7 Product Information and images
7.1 The Buyer acknowledges that the Product Information and Product Images set out or depicted on the Website is based on information on and images of the Products as provided to Extiva by the respective manufacturers or otherwise sourced by Extiva from the websites of the respective manufacturers. Extiva will attempt to update the Product information and Product Images on the Website as and when changes and updates thereto are brought to the attention of Extiva by the respective manufacturers. Extiva shall not be responsible for any inaccuracy or misstatement of any such Product Information (including any description or specification of any particular Product) or error or inaccuracy of any such Product Image. The Buyer should contact the Product manufacturer for any verification of the Product Information or Product Image.
7.2 The intellectual property rights in the Product Information and Product Images and in the logos, trademarks and trade names of any third party Product that is set out or depicted on the Website are owned by the respective manufacturers of these Products or their respective licensors. The Buyer's use of these Product Information and Product Images is restricted by and subject to applicable laws and regulations relating to the use of third party intellectual property rights. Except as expressly stated herein, none of the content may be copied, reproduced, distributed, republished, downloaded, displayed, posted/advertised in any form or created in any other database by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Extiva or the intellectual property rights owner. Any unauthorised use of any content on the Website may violate copyright laws, trademark laws and laws relating to communications and multimedia. If you are a manufacturer of any of the Products set out or depicted on the Website and owner of the corresponding Product Information and/or Product Images and object to the continued display of such Product Information and/or Product Images, kindly inform Extiva as soon as possible and Extiva will remove the relevant content promptly.
8 Link to Other Websites
8.1 With a view of providing increased value to visitors to the Website, Extiva may create links to other websites operated by third parties. Extiva has no control over, and shall not be responsible or liable to the Buyer or any other person in any manner whatsoever for, these linked websites including their respective privacy policies, practices and content. These websites are linked to the Website only for the Buyer's convenience and therefore the Buyer accesses them at the Buyer's own risk.
9 Participation Disclaimer
9.1 Extiva does not and cannot review all communications and materials posted to, or created by users accessing, the Website, and is not in any manner responsible for the content of these communications and materials. The Buyer acknowledges that by Extiva providing the Buyer with the ability to view and distribute user-generated content on the Website, Extiva is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Extiva reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of any party or (d) offensive or otherwise unacceptable to Extiva in its sole discretion.
10 Disclaimer of Warranty
10.1 The Website and the online shopping services thereof are provided on an "AS IS", "AS AVAILABLE" basis. Extiva makes no representations or warranties, whatsoever, of any kind, express or implied, as to the operation or security of the Website or the information, content, materials, substance, or the Products included on the Website, The Buyer expressly agrees that the use of the Website and the online shopping services thereof are at the Buyer's sole risk.
10.2 Extiva disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose in respect of the Website, the online shopping services thereof, the Products and otherwise. Extiva does not warrant that the Website, its servers or e-mail sent by Extiva are free of viruses or other harmful components.
10.3 As Extiva is merely a reseller of the Products, the Buyer shall seek any after sales services in respect of the Products directly from the authorised distributor or the authorised service centre of the Product manufacturer. Any product warranty offered by the Product manufacture or its authorised distributor shall be claimed by the Buyer directly against such Product manufacture or its authorised distributor. Extiva disclaims any liability whatsoever in connection with such after sales services and product warranty.
11 Exclusion of liability.
11.1 Extiva shall not be liable for any damages or losses of any kind (including without limitation, direct, indirect, consequential, punitive and incidental damages or losses) arising from the use of the Website, the online shopping services thereof, the Products, the loss, forgery or unauthorised use by any party and otherwise.
11.2 Extiva shall not be liable to the Buyer for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), unauthorized use of the Buyer's credit card, or any other consequences.
12 Confidentiality
12.1 Subject to Extiva's Privacy Policy, Extiva may use or disclose to any party, any information which is provided to Extiva by the Buyer.
13 Applicable law
13.1 These Terms and Conditions (as amended from time to time) and the Order Form are collectively constituting the sole and entire agreement between Extiva and the Buyer regarding the online shopping services under the Website, are governed by laws of Malaysia without regard to conflict of laws rules. By accessing the Website and/or using the services provided herein by Extiva, the Buyer hereby consents to the exclusive jurisdiction of the courts of Malaysia in respect of all disputes arising out of or relating to the use of the Website and/or the services provided herein by Extiva.
13.2 In the event of any conflict between these Terms and Conditions (as amended from time to time), the Order Form, these Terms and Conditions shall prevail.