Agreements and Guidelines to the use of Platform and/or Services
By using this HDS Platform and/or Services, the Users hereby agree to comply with all effective notices, guidelines, rules and policies and instructions pertaining to the use of the and/or access to the same issued by the Company, from time to time. The Company reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time without notice given to the Users and by accessing the HDS Platform and/or Services, the Users are deemed to be aware of and bound by any changes to the foregoing upon their usage on the Platform. Availability of Platform and Services: The Company may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents the Users from accessing the Platform or any part of the Services.
Non-obligation right to monitor content
The Company is not obliged but shall reserve the right to do the following:
- To monitor, screen or otherwise control any activity, content or material on the HDS Platform and/or through the Services. The Company have sole and absolute discretion to investigate any violation of the terms and conditions contained herein and the Users shall agree on any action taken by the Company as the Company deem appropriate;
- To prevent or restrict access of any User or Users to the HDS Platform and/or the Services without any reason whatsoever;
- To report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
- To request for any information and data from the Users in connection with the Users’ use of the Services and/or access of the Platform at any time and to exercise its right under this paragraph if the Users refuse to divulge such information and/or data or if the Users provide or if the Company have reasonable grounds to suspect that the Users have provided inaccurate, misleading or fraudulent information and/or data and may bar the Users from using the HDS Platform and/or the Services based on such suspicion.
The Users agree and undertake NOT to:
- impersonate any person or entity or to falsely state or otherwise misrepresent the Users’ affiliation with any person or entity;
- use the HDS Platform or Services for illegal purposes;
- attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or user accounts or networks connected to the HDS Platform or Services;
- post, promote or transmit through the HDS Platform or Services any Illegal or Prohibited Materials or taxable Materials which are not legally taxed by the authorities;
- interfere with another’s utilisation and enjoyment of the HDS Platform or Services;
- use or upload, in any way, any software or material that contains, or which the Users have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Users’ computer or mobile device or the Platform or Services; and
- attempt to hack into any of the HDS Platform and/or Services provided by HDS Company or to use the same in any method not authorised by the Company; and
- use the HDS Platform or Services other than in conformance with the acceptable policies of any computer networks, any applicable good practice standards and any other applicable laws.
Terms & Conditions of Sale
Purchases of any Product and/or Professional Services would be subject to the Company’s Terms & Conditions of Sale.
Purchase of Product and/or Professional Services
The Users agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Product and/or Professional Services through the Platform, as well as any amendments to the aforementioned, issued by The Company, from time to time. The Company reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and the Users are deemed to be aware of and bound by any changes to the foregoing upon their usage on the Platform. For Product and/or Professional Services sold by Sellers and/or Pro, shall be agreements entered into directly and only between Third Party Sellers and the Users (whereby the terms and conditions stated herein shall be considered as being stated on behalf of the Seller and/or Pro shall form the contract between the parties). While Seller and Pro endeavours to provide an accurate description of the Product and/or Professional Services, neither The Company, Seller or Pro warrants that such description is accurate, current or free from error. All Orders shall be subject to Seller and Pro’s acceptance in its sole discretion and each Order accepted by Seller and Pro (such accepted Order to be referred to as a “User Contract”) shall constitute a separate contract. Termination by Seller and Pro in the event of pricing error: Subject to the terms as contained in the Seller Agreement, the Seller and Pro reserves the right to terminate the User Contract, in the event that a Product and/or Professional Services has been mispriced on the Platform, in which event The Company shall, on behalf of Seller and Pro, notify the Users of such cancellation by giving three days’ notice. Seller and Pro shall have such right to terminate such User Contract whether or not Product and/or Professional Services have been dispatched or are in transit and whether payment has been charged to the Users. Upon termination of the User Contract under this clause, the Seller and/or Pro shall refund the payment charged to the Users for the Product and/or Professional Services. Except as expressly provided by law, Seller and Pro excludes (unless expressly prohibited by applicable mandatory law) all express or implied terms, warranties or conditions with respect to the Product and/or Professional Services supplied. The Users acknowledge and warrant that the Users have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller and/or Pro or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either The Company, Seller or Pro. The Users also acknowledge and agree that to the extent allowed under the Malaysian law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and User Contract allocate risks between the parties and permit Seller and Pro to provide the Product and/or Professional Services at lower fees or prices than Seller and Pro otherwise could and the Users agree that such exclusions on liability are reasonable. Unless specifically stated herein by the Seller and/or Pro, 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 Product and/or Professional Services 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 Seller. Any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against Seller and/or Pro within six months from the date of delivery, or from the scheduled delivery of the Product and/or Professional Services. The Company shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Seller’s implied or express warranty on the Product and/or Professional Services. Seller and/or Pro shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Product and/or Professional Services has not been paid in cleared funds by the due date for payment. The Users agree that all representation made by any Seller and/or Pro in the HDS Platform should only be an illustration and shall not be an inducement of sale for the Users to purchase any Product and/or Professional Services from the HDS Platform. Whilst all precautions have been taken to ensure the accuracy provided in this HDS Platform, the Users agree that the Users shall conduct and has conducted their own due diligence on the information provided in the HDS Platform prior to the purchase of any Product and/or Professional Services. The Seller and Pro agrees that all representation with regards to them as contained in the HDS Platform originates from the Seller and Pro; the Seller and Pro agrees to indemnify the Company from any claims that may arise from the representation made therein.
Delivery of Product and/or Professional Services
Delivery of the Product and/or Professional Services shall be made to the address the Users specified in the User Order either by Seller or by The Company (or its agents) on behalf of Seller. Shipping and packing shall be conducted by Seller or third party logistic, unless mentioned otherwise and all charges shall be collected and as set out in the Order. There may be instances whereby shipping fees may be charged by the Seller of which such charges shall be specifically included in the invoice issued out to the Users. The Users may track the status of the delivery at the “Order Tracking” page of the Platform. The Users acknowledge that delivery of the Product and/or Professional Services is subject to availability of the Product and/or Professional Services. Seller and Pro will make every reasonable effort to deliver the Product and/or Professional Services to the Users within the delivery timeframe stated on the relevant page on which the Product and/or Professional Services is listed, but the Users acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product and/or Professional Services may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of the Users’ Product and/or Professional Services is delayed Seller will inform the Users accordingly via e-mail and the Users’ Product and/or Professional Services will be dispatched as soon as it becomes available to Seller and/or Pro. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused. If the Users do not acknowledge the delivery of the Product and/or Professional Services (otherwise than by reason of any cause beyond the Users’ reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller and/or Pro, Seller and/or Pro may consider that the Product and/or Professional Services has been delivered within 3 days from the purported delivery date without any recourse available to the Users.
Prices of Product and/or Professional Services
The price of the Product and/or Professional Services payable by a User shall be the Listing Price at the time at which the Order placed by the User is transmitted to Seller and/or Pro (through the Platform) and/or the Quoted price of the Professional accepted by the User to complete their requisite Professional Services. All Listing Prices and/or Quoted Price are subject to taxes, unless otherwise stated. Seller and Pro reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
The Users may pay for the Product and/or Professional Services using any of the payment methods prescribed by The Company from time to time. When the Users place an Order, actual payment will be charged. All payments shall be made to The Company, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Seller). The Users acknowledge that The Company is entitled to collect payments from the Users on behalf of any Third Party Seller. The payment methods may be subject to additional terms as prescribed by The Company from time to time. The Users further agree that the Users are subject to the agreements applicable to user agreement of the User’s payment method. The Users may not claim against the Company or any of its agents, for any failure, disruption or error in connection with the Users’ chosen payment method. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Users or giving any reason. Seller may invoice the Users upon the due date of any payment for professional services under a User Contract. If the Users fail to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the User Contract or suspend delivery of the Product and/or Professional Services until payment is made in full.
Users can request for cancellation of order only if the product is not in shipping status after payment completion. Upon verification of the non-shipping status, we shall process your cancellation request and should payment been made, we shall return the payment made within thirty (30) days from the date we received the confirmation of non-shipping from the Seller. Should the product is in shipping status, User shall not be entitled to cancellation. Any cancellation shall be subject to a cancellation fee for a minimum of 5% of product price, which shall be payable by the User and shall be deducted by the Company prior to any refund being made. Cancellation due to any other circumstances shall be subject to agreement and discretion of the Seller. We shall only process such cancellation upon instruction of the Seller. For cancellation request with payment method via FPX or Online Banking, the Company reserves the right to request for banking details from Users in order for the Company to return the payment.
Return & Exchange
All return and exchange clauses are for products only. Users agree that there shall be no return or exchange should User purchases services using the HDS Platform. Users shall only be able to request for return of goods within three (3) calendar days upon delivery of the product. Acceptance of return is solely on the discretion of the Seller and all returns should be made directly to the Seller. All returned products must be in its original packaging and in sellable condition. There shall not be any refund of monies made for returned products. Subject to the approval of the Seller, should a product be accepted as returned, the Seller may opt to provide the customer a product with a similar value or credit of the same amount of the returned product, if applicable, to be used for the purchase of other products of the Seller. Credits obtained may not be used for purchases from another Vendor. Subject to payment of delivery charges by the User, Seller shall send the same/similar product as replacement to the User upon approval of the return, should products be confirmed to be damaged during or prior to receipt of the same by the User. The Company shall not be liable for any delivery charges for return and/or exchange.
Exception of Return/Exchange
All return/exchange requests cannot be made in following cases:
- When request is made after seven (7) calendar days following delivery date;
- If product is used, destroyed or damaged by User;
- When tag attached to product is removed or package of product is opened and product value is damaged;
- If any sealed package is opened or packaging materials are lost;
- When return/exchange request is made for customised product such as hand-made shoes or accessories;
- When components of product (including free gift) have been used or lost;
- If the purchase is for services; or
- If damages are caused as a result of User not following instructions included in product.
Questions and complaints
If the Users have any questions or complaints, please contact The Company using the “Contact Us” page on the Platform. The Company will liaise with Sellers’ on the Users’ questions and complaints.
Risk and property of the Goods
Risk of damage to or loss of the Goods shall pass to the Users at the time of delivery or if the Users wrongfully fail to take delivery of the Goods, the time when Seller has tendered delivery of the Goods. Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Users until The Company has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by The Seller to the Users for which payment is then due. Until such time as the property in the Goods passes to the Users, the Users shall hold the Goods as The Company’s fiduciary agent and shall keep the Goods separate from those of the Users. The Users agree with The Company that the Users shall immediately notify The Company of any matter from time to time affecting The Seller’s title to the Goods and the Users shall provide The Company with any information relating to the Goods as The Company may require from time to time. Until such time as the property in the Goods passes to the Users (and provided the Goods are still in existence and have not been resold) The Company shall be entitled at any time to demand the Users to deliver up the Goods to The Company and in the event of non-compliance The Company reserves it’s right to take legal action against the Users for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Users. The Users shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of The seller but if the Users do so all moneys owing by the Users to The Company shall (without prejudice to any other right or remedy of The Company) forthwith become due and payable. The Users shall indemnify The Company, all of its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the Users in connection with the assertion and enforcement of The Company’s rights under this condition.
The Company’s Limitation of Responsibility and Liability
The Services, the HDS Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the HDS Platform, the Platform, the Services or the Materials are provided for informational purposes only. There shall be no representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, given in the HDS Platform, the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, the Company do not warrant the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials; that the Platform, the Services, the HDS Platform or Materials will be provided uninterrupted, any computer virus or other malicious, destructive or corrupting code, agent, program or macros, secure or free from errors or omissions, or that any identified defect will be corrected. The Users and Seller agree that there shall be a risk that information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by the Company or its officers, employees or agents to third parties purporting to be the Users or purporting to act under the Users’ authority and that it is a common accepted risk that transmissions over the Internet and electronic mail may be subject to interruption, transmission delay or blackout, or incorrect data transmission due to the public nature of the Internet. The Users and Seller further agree not to hold the Company liable for any omissions, error, damage, expense or Losses resulting from the use of the Platform. The Company shall not be liable for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
- any access, use and/or inability to use the Platform or the Services;
- reliance on any data or information made available through the Platform and/or through the Services. The Users should not act on such data or information without first independently verifying its contents;
- any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
- any use of or access to any other website or webpage linked to the Platform, even if the Company or its officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
- any purchase of product/ professional services from HDS platform
Refusal of Order
The Company reserves the right to withdraw any Product and/or Professional Services and/or Seller Services from HDS platform at any time and/or remove or edit any materials or content on this Site. The Company will make its best efforts to always process all Orders but there may be exceptional circumstances wherein, the Company may need to refuse to process an Order after the Company have sent Buyer an Order Confirmation, which the Company reserves the right to do at any time, at its sole discretion. If the Company cancels Buyer Order while Buyer have already made payment, the payment amounts will be fully refunded to Buyer. The Company will not be liable to Buyer or any other third party by reason of its withdrawing any Product and/or Professional Services from HDS Platform , whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
Use of Services
Use of the Services is subject to all clauses contained herein and is also limited to authorised Users that are of legal age and have the legal capacity to enter into and form contracts under laws of Malaysia. Users who have breached or are in breach of the terms and conditions contained herein and Users who have been permanently or temporarily suspended from use of any of the Services may not use the Services. The Users further agree:
- to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
- to ensure that any information or data the Users post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
The Users acknowledge that Third Party Seller list and sell Product and/or Professional Services on the Platform. Any agreement entered into for the sale of a Third Party Seller’s Product and/or Professional Services to a User shall be an agreement entered into directly and only between the Third Party Seller and the Users.
Hyperlinks, and Alerts
The Company may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under The Company’s control and the Company are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Unless stated expressly otherwise, any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and the Users agree that the Users’ access to or use of such linked websites or content is entirely at the Users’ own risk. The Company may attach banners, java applets and/or such other materials to the Platform for the purposes of promoting its or its Third Party Seller’ products and/or services. For the avoidance of doubt, the Users shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.
The Users’ Submissions and Information
All notices or other communications given to the Users if:
- communicated through any print or electronic media as the Company may select will be deemed to be notified to the Users on the date of broadcast or broadcast; including by way of notification into the User’s account in the HDS Platform or
- sent by post or left at the Users’ last known address will be deemed to be received by the Users on the day following such posting or on the day when it was so left.
The Users may only give notice to the Company in writing sent to The Company’s designated address or e-mail address, and the Company shall be deemed to have received such notice only upon receipt. While the Company endeavour to respond promptly to notices from the Users, the Company cannot guarantee that the Company will always respond with consistent speed. The Company may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.