Terms And Conditions
Welcome to the JomBersih.com website (the “Site”). The following terms and conditions (“Terms and Conditions of use”) herein shall apply to the Site owned and managed by Amazing Catcher SDN BHD (1247620-K), and all of its divisions, subsidiaries, and affiliate operated Internet sites, its users, customers, merchants, suppliers and/ or visitors.
“Buyer/ User/ You” means the person who uses and/ or visits the Site and/ or who accepts a quotation of JomBersih for the supply of Goods or who otherwise enters into a contract for the supply of Goods with JomBersih;
“Conditions” mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and JomBersih;
“Contract” means the contract for the purchase and sale of Goods, howsoever formed or concluded;
“Goods” means the goods (including any installment of the goods or any parts for them) which JomBersih is to supply or supplied by the merchant(s) as stated or offered through the Sitein accordance with a Contract;
“JomBersih/ Site” means the key website owned and managed by Amazing Catcher SDN BHD, a company incorporated in Malaysia with the registration number:- 1247620-K and having its registered address at 61,Solok Beroga Jalan Meru ,Taman Meru ,41050 Klang Selangor Darul Ehsan.
“Merchants” means the sellers/ Services providers/ Goods providers/ owners or suppliers of the Goods and/ or Services offered to the Users through the Site.
“Services” means the services which Jombersih is to supply or supplied by the merchant(s) as stated or offered through the Site.
“Writing” includes electronic mail facsimile transmission and any comparable means of communication.
The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
Site the key website owned and managed by with the: -SBMTMKDE
YOUR CONSENT AND UNDERTAKING
By accessing the Site, you confirm your full acknowledgment, understanding and agreement of the Terms and Conditions of use. If you do not agree to these and/ or any of the Terms and Conditions of use, you shall not use the Site and shall exit it immediately. Your decision and action in using and/ or visiting the Site shall constitute your irrevocable acceptance of the Terms and Condition of use. Amazing Catcher Sdn Bhd reserves the right, to change, modify, add, alter, delete or remove any/ portions of the Terms and Conditions of use at any time as it may deem fit. Any changes of the Terms and Conditions of use shall be effective when posted/ stated on the Site with no other/ further notice to be provided. Please check the Terms and Conditions of use regularly for any updates. Your continued use of the Site following the posting of changes to the Terms and Conditions of use constitutes your irrevocable acceptance of those changes.
BASIS OF THE CONTRACT
The supply of Goods/ Services by JomBersih to the Buyer(s)/ User(s) under any contract(s) and/ or offer(s) stated or through the Site shall be subjected to the Terms and Conditions which shall govern the contract(s) and/ or offer(s) to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer(s)/ User(s) or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
Any information and/ or data made available in the Site connection with the supply of Goods and Services, including photographs, drawings, particular details about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for display and/ or information purposes only. In entering into the contract for the sale and purchase and/ or supply of Goods and/ or Services with the Merchants and/or us, whichever is applicable, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
No variation to the Terms and Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer(s) or User(s) and JomBersih.
Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by JomBersih in its website shall be subject to correction without any liability on the part of JomBersih and without prior notice given.
JomBersih may provide User(s) and/ or Buyer(s) with electronic documents such as tax invoice, receipt, credit note, debit note, notice or any other documents, which all electronic documents shall be constituted and carried the same effect and position as the traditional paper documents.
USE OF THE SITE
Amazing Catcher SDN BHD grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions of use as described, for the purpose of searching and/ or shopping and/ or purchasing and/ or selecting for product(s)/ item(s) sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by Amazing Catcher SDN BHD in advance. Any breach of these Terms and Conditions of use shall result in immediate revocation of the license granted in this paragraph without further notice to you.
Contents provided on this Site is solely for informational purpose. Product(s)/ item(s) representations/ warrants/ descriptions expressed on this Site are made by those of the merchant(s) of the product(s)/ item(s) and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such contents and shall not reflect/ constitutes our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and requisite information about yourself and to promptly update such information to us if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner registered under the Site is entirely responsible for all activities that occur under such password or account. Furthermore, as the account owner, you shall notify us of any unauthorized use of your password or account. Amazing Catcher SDN BHD shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with the Terms and Condition of use or due to whatever reason(s) through the using of the Site..
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information contents/ found on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
Anything that you submit to/ through the Site and/or provide to us, including but not limited to, questions, reviews, comments, information and suggestions (collectively referred to as “Submissions”) shall become our sole and exclusive property and we have no obligations and/ or duties to return it and/ or any part of it to you. In addition to the rights applicable to any of the Submissions, while you post/ carry out any of the Submissions to the Site, you also grant us the right to use the name and/ or information of the Submissions that you submit, in connection with such review, comment, or other content. You shall not use the false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any of the Submissions. We may, but shall not be obligated to, remove or edit any of the Submissions posted/ carried out by any of the user(s) without any notice/ reason for justification to be provided.
ORDER, ACCEPTANCE AND PRICING
Any Order, acceptance, and completion of the contract between the Buyer and JomBersih will only be completed upon JomBersih issuing a confirmation of dispatch of the Goods and/ or Services to the Buyer. For the avoidance of doubt, JomBersih shall be entitled to refuse or cancel any order without giving any reasons whatsoever provided for the same to the Buyer prior to the issue of the confirmation of dispatch. JomBersih shall furthermore be entitled to require the Buyer to furnish JomBersih with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch and to complete the contract.
No concluded/ completed Contract shall may be altered, modified or cancelled by the Buyer except with the agreement in writing of JomBersih and on terms that the Buyer shall indemnify JomBersih in full against all loss (including loss of profit), costs (including the cost of all labor and materials used) damages, charges and expenses incurred by JomBersih as a result of the alteration, modification or cancellation, as the case may be.
Please note that there are cases when an order of the products/ items cannot be processed for various reasons. Amazing Catcher SDN BHD reserves all right to refuse, suspend or cancel any order/ proposed order made through the Site for any reason(s) at any given time. You may be asked to provide additional verifications or information, including but not limited to the contact phone number and correspondence address, prior to our acceptance/ approval of the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse, suspend or cancel any order made in the event if the pricing information has found to be inaccurate and/ or mistakenly stated. In the event that an item is mispriced, we may, at our own discretion, either to suspend the order and to contact you for instructions or to cancel your order and notify you of such cancellation. We shall have the right to refuse to suspend or cancel any such orders whether or not the order has been confirmed and payment has been made via your credit card or bank account.
The price of the Goods and/or Services stated and/ or offered in the Site shall be the price stated in Site at the time which the User/Buyer makes the offer purchase to JomBersih. Unless expressly stated otherwise, the price of the Goods and/or Services shall exclude the cost of packaging and delivery charges, any applicable taxes, or unforeseeable expenses incurred which the Buyer shall be liable to pay to JomBersih in addition to the price prior to the delivery of the Goods and/ or Services ordered.
DELIVERY AND/ OR PERFORMANCE
Subject to the payment received as per the “Terms and Mode of Payment” Clause below, delivery of the Goods/ performance of Services shall be made to the address specified by the Buyer in its order accepted and confirmed by JomBersih.
JomBersih has the right at any time to sub-contract/ assign all or any of its obligations for the sale/delivery of the Goods/ Services to any other party as it may from time to time decide without giving notice of the same to the Buyer.
Any dates quoted for delivery of the Goods/ Services are approximate and based on estimation only and it shall be used as a mere reference purpose. The time for delivery/performance shall not be of the essence, and JomBersih shall not be liable for any delay in delivery or performance howsoever and whatsoever caused.
If JomBersih has failed to deliver the Goods/ Services in accordance with the contract or within a reasonable time, the Buyer may be entitled, by serving written notice on JomBersih, to demand performance within a specified reasonable time thereafter, which shall be at least 14 working days. If the delivery/ performance has failed to be carried out and completed within the said specified time, the Buyer shall be entitled to terminate and cancel the contract in respect of the undelivered Goods/ Services, where the Buyer shall seek for the refund of the undelivered Goods/ Services (if payment has been made), and upon the said cancellation and termination and the refund, if any, the said matter shall be treated as finally and fully settled where neither party shall make further claim(s) whatsoever against each other of the said matter.
If the Buyer fails to take delivery of the Goods and/ or Services (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of JomBersih’s default) then without prejudice to any other right or remedy available to JomBersih, JomBersih shall be entitled to:
(a) sell the Goods/ Services to third party at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the contract; or
(b) cancel and terminate the contract, forfeit the payment made by the Buyer of the said Goods/ Services, if any, and claim damages against the Buyer.
TERMS AND MODE OF PAYMENT
Buyer(s) shall be entitled to make payment for the Goods and Services available pursuant to the various payment methods set out and specifically stated in the Site. The terms and conditions applicable to each type and method of payment, as contained in Site, shall be applicable to the contract between the Buyer and us.
If the Buyer fails to make any payment in full pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to JomBersih, JomBersih shall be entitled to:
(a) cancel the contract or suspend deliveries of the Goods and/ or Services until and unless payment is made in full; and/or
(b) charge late interest against the Buyer (both before and after any judgment) on the amount unpaid at the rate of four percent (4.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
In addition and subject to any additional terms contained in Site from time to time, the following terms shall be applicable to the following types of payment:
- Credit Cards
Credit Card payment option is available where JomBersih accepts all Visa and MasterCards credit cards and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. Installment Payments via Credit Cards shall be subject to the availability of the bank(s) and/or card issuer(s) and JomBersih shall not be involved and/ or responsible for such installment offer and/ or package made between you and your bank(s)/ card issuer(s). All your credit card information is protected by means of industry-leading encryption standards. Please take note that any admin fees and/ or charges imposed by the card insurer(s) and/ or additional charges incurred, if any, shall be absolutely and solely bound and responsible by the Buyer being the card user. JomBersih would use its reasonable endeavors to manage and take note of prevent any non-authorized disclosure and/ or fraud and/ or misuse of the credit card information provided by the Buyer during the transactions, however, the Buyer shall fully be responsible for any loss and damages caused due to the credit card being misused/ fraud and/ or information stolen during and/ or at the time of carrying out the payment transaction the and where Jombersih shall not be liable for any of the said incident.
JomBersih accepts all Malaysian Visa and MasterCard debit cards were subject to the financial institute or bank availability. All debit card numbers should be protected by means of industry-leading encryption standards. JomBersih would use its reasonable endeavors to manage and take note of any non-authorized disclosure and/ or fraud and/ or misuse of the debit card information provided by the Buyer during the transactions, however, the Buyer shall fully be responsible for any loss and damages caused due to the debit card being misused/ fraud and/ or information stolen during and/ or at the time of carrying out the payment transaction and Jombersih shall not be liable for any of the said incident.
3. Online Banking
By choosing this payment method, the Buyer shall transfer the payment for the Goods and/ or Services to a JomBersih’s account for the total and full amount of the Buyer’s purchase (including any applicable taxes, fees, and shipping costs). Each The transaction must be payable in Ringgit Malaysia. JomBersih, in its sole discretion, may refuse this payment option service to anyone or any User(s)/ Buyer(s) without notice given or for the reason whatsoever for any reason at any time.
For the time being, JomBersih accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank and, RHB. The list of banks stated above may be modified and/ or altered from time to time without notice to be given.
5.2.4 Instalment Payments via Credit Card
Only Buyers making payment for Goods and/ or Services by means of a credit card issued by Maybank or any other installment payment partner banks which we may inform from time to time shall be entitled to participate in the 6 and 12 months instalment payment plan, as provided for herein below (“Entitled Buyer(s)”).
- Entitled Buyers making minimum purchases of RM500 will be entitled to apply to make payment for the Goods via the 6 months Easy Pay Instalment Scheme whereas Entitled Buyers making minimum purchases of RM1,000 will be entitled to apply to make payment for the Goods via the 12 months Easy Pay Instalment Scheme, subject to a maximum purchase of RM50,000.
iii. For the purposes of this Condition, the installment payment plan set out in Conditions 5.2.4 (i) and (ii) above shall collectively be referred to as “Credit Card Instalments”.
- When the Entitled Buyer purchases Goods and makes payment for the same via Credit Card Instalments, the transaction shall be handled by DCR. Each Entitled Buyer would receive a call from DCR for verification and approval. An Entitled Buyer shall only be entitled to purchase Goods via Credit Card Instalments upon verification and approval by DCR.
- While an approval for a Credit Card Instalments transaction is subject to the Entitled Buyer’s available balance and credit availability on his/her credit card account, DCR also shall retain absolute discretion in granting its approval to any credit card transaction.
- When entering into a credit card transaction for the purchase of Goods via Credit Card Instalments, DCR’s name would be shown as the selling merchant in the Entitled Buyer’s credit card statement.
vii. When an Entitled Buyer makes an application to JomBersih for the payment of Goods via Credit Card Instalments and upon approval of the application by DCR, as provided for hereinabove, the Buyer’s bank will debit the Entitled Buyer’s credit card account with the installment payable on a monthly basis, for the duration stipulated. The Entitled Buyer’s available credit limit will be provisionally reduced by earmarking an amount, equivalent to the amount of the total purchase price for the relevant Goods, which will not be available to Entitled Buyer for the duration of the installment payments. However, the credit limit will progressively restore on a monthly basis as repayment of each installment amount is made.
viii. Each Credit Card Instalments may be charged a processing fee by the relevant installment payment partner banks. This fee shall not be refundable, even if the purchase transaction is terminated, regardless of the reason of termination.
- If the Entitled Buyer decides to cancel his/her orders 24 hours after the relevant order has been confirmed and prior to shipment, JomBersih shall be entitled to impose a minimum of 15% of the total amount of the purchase price of the relevant Goods and the processing fee as administrative fees, in addition to the transaction fees charged by the relevant installment payment partner banks. The balance after deduction of the administrative fees and the transaction fees will be refunded to the Entitled Buyer.
- In the event of cancellation of the Entitled Buyer’s credit card account, any unpaid portion of the purchase price of the relevant purchased Goods shall become immediately due and payable. Insofar as is possible, this outstanding sum shall be debited to the Entitled Buyer’s credit card without further reference payable by the Entitled Buyer.
- When the Entitled Buyer chooses to make payment for the purchase of Goods via Credit Card Instalments, JomBersih’s 14-Days Return Policy will no longer be applicable and the Entitled Buyer will no longer be allowed to return any items unless it is damaged to which the item shall be replaced or refunded for the amount paid. Such replacement or refund will not affect or interrupt the Credit Card Instalments. No returns for “change of mind” reason will be valid for Entitled Buyers that choose to make payment for the Goods via Credit Card Instalments.
5.2.5D. Cash On Delivery
Cash on Delivery (Pay cash upon delivery) may is available within the region of Klang Valley, Penang and Johor Bahru against a fee of RM 5.00 per order (the said fee may subject to adjustment and/ or alternation without prior notice given). JomBersih reserves the right to accept the delivery arrangement and the schedule the delivery time. The Goods and/ or Services will only be handed over to the Buyer upon full payment in cash by the Buyer.
5.3 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to JomBersih, JomBersih shall be entitled to:
5.3.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
5.3.2 charge the Buyer interest (both before and after any judgment) on the amount unpaid at the rate of one percent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
APPLICABLE LAW AND JURISDICTION
The Terms and Conditions of use shall be interpreted and governed by the laws in force in Malaysia. Each party hereby agree that Amazing Catcher Sdn Bhd shall under its sole discretion, to decide to refer/ submit any of the dispute(s) raising and/ or connecting to the Site and/ or activities on the Site to submit to a private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law or to the jurisdiction of the courts of Government of Malaysia. Any controversy, claim and or dispute arising out of or relating or connecting to the Terms and Condition and/ or any transactions and/ or activities in/ through the Site shall be determined and/ or resolved through a private and confidential binding arbitration in Malaysia with the venue decided by Amazing Catcher Sdn Bhd.
In addition to any other legal or equitable remedies, we may, without prior notice to you, terminate the Terms and Conditions of use or revoke any or all of your rights granted under the Terms and Conditions of use. Upon any of the termination, you shall immediately cease all and/ or the relevant rights previously granted to you such as to access to and use of the Site and we shall, in addition to any other legal or equitable remedies, revoke and/ or suspend and/ or freeze all password(s) and account identification granted and/ or issued to you and deny your access to and use of the Site in whole or in part. Any termination shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising prior to the date of termination. You further agree that Amazing Catcher Sdn Bhd shall not be responsible and/ or liable to you or to any third party as a result of any such suspension or termination under this Clause. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Amazing Catcher Sdn Bhd, in operating the Site, you consent and confirm that your sole and exclusive remedy is to discontinue using the Site.
RISK AND PROPERTY OF THE GOODS AND/ OR SERVICES
Risk of damage to or loss of the Goods/ Services shall pass to the Buyer absolutely at the time of delivery or at the time when JomBersih has tendered delivery of the Goods, whichever the earlier.
Notwithstanding the delivery and the passing of risk in the Goods and/ or Services or any other provision of these Terms and/ or the property in the Goods/ Services shall not pass to the Buyer until and unless JomBersih has received the payment in full of the price of the Goods/ Services.
Until such time as the property in the Goods/ Services passes to the Buyer, the Buyer shall hold the Goods/ Services as JomBersih’s fiduciary agent and bailee and shall keep the Goods/ Services separate from those of the Buyer.
The Buyer irrevocably agrees with JomBersih that the Buyer shall immediately notify JomBersih of any matter from time to time affecting JomBersih’s title to the Goods and/ or Services and the Buyer shall provide JomBersih with all information relating to the Goods/ Services as JomBersih may require from time to time.
Until such time as the property in the Goods/ Services passes to the Buyer (and provided the Goods/ Services are still in existence and have not been resold) JomBersih shall be entitled at any time to demand the Buyer to deliver up the Goods/ Services to JomBersih and in the event of non-compliance of the Buyer, JomBersih shall reserve its right to commence legal action against the Buyer for the delivery up the Goods and/ or Services and also reserves its right to seek loss and damages and all other costs including but not limited to legal fees against the Buyer of the said incident.
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods and/or Services which remain the property of JomBersih but if the Buyer does so all sums of money owing by the Buyer to JomBersih shall (without prejudice to any other right or remedy of JomBersih) forthwith become due and payable.
The Buyer shall indemnify JomBersih against all loss and damages costs, expenses and legal fees incurred due to the Buyer in connection with the assertion and enforcement of JomBersih’s rights under this Terms and Conditions.
If the provisions in this “Risk and Property of Goods and/ or Services” Clause are not effective according to the law of the country in which the Goods/ Services 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 Terms and Conditions, and the Buyer shall take all steps necessary to give effect to the same.
WARRANTIES AND REMEDIES
Subject as expressly provided in these Terms and Conditions, all other warranties, conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
No condition and/ or warranty is made or to be implied nor is any condition and/ or warranty given or to be implied as to the life or wear of the Goods/ 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 JomBersih.
Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
JomBersih binds itself only to deliver 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 JomBersih’s opinion in that behalf. JomBersih does not give any warranty as to the quality, accuracy, authenticity, state condition and/ or fitness of the Goods/ Services.
JomBersih shall be under no liability and responsible whatsoever for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods/ Services without the prior agreement of JomBersih, addition and insertion of parts, in particular of spare parts which do not come from JomBersih.
JomBersih 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 JomBersih’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without JomBersih’s approval.
JomBersih shall 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 JomBersih’s prior written approval where the Buyer shall indemnify and keep indemnify JomBersih against each loss liability and cost arising out of such claims.
JomBersih shall be under no liability if the total price for the Goods/ Services has not been paid in cleared funds by the due date for payment.
JomBersih shall be under no liability whatsoever in respect of any defect in the Goods/Services arising after the expiry of the warranty period (if such warranty has expressly been made/ given).
Any claim made by the Buyer which is based on any defect in the quality or condition of the Goods/ Services or their failure to correspond with specification shall be notified to JomBersih within three days from the date of receipt of the Goods or Services (where the defect or failure was not apparent on reasonable inspection). During use, the Goods/ Services 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/ Services must not be used. JomBersih shall be given written notification immediately, specifying the reservations or the defect. However, in no event shall the Buyer be entitled to reject the Goods/ Services on the basis of any defect or failure, except where the failure is such that the Goods/ Services delivered are of a fundamentally different nature than those which JomBersih had contracted to deliver.
If the Buyer does not give due notification to JomBersih as to the reservations or the defects of the Goods and Services as mentioned above, JomBersih 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 Goods/ Services which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to JomBersih in accordance with the said Terms and Conditions, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Upon a repair, replacement or price reduction being made based on the sole discretion of Jombersih, the Buyer shall have no further claim against JomBersih.
When JomBersih has provided replacement Goods/ Services or given the Buyer a refund, the non-conforming Services/ Goods or parts thereof shall become JomBersih’s property.
JomBersih shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of JomBersih’s obligations if the delay or failure was due to and caused by any force majeure event(s). Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond JomBersih’s reasonable control and classified as force majeure event(s):
(a) Act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
(d) import or export regulations or embargoes;
(e) interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of JomBersih or of a third party);
(f) interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
(g) power failure or breakdown in machinery.
Upon the happening of any one of the force majeure events, JomBersih may at its option:-
(a) fully or partially suspend delivery/performance while such event or circumstances continues; or
(b) terminate any contract so affected with immediate effect by written notice to the Buyer and JomBersih shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
- INSOLVENCY OF BUYER
This condition applies if:
(a) the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
(b) an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or
(c) the Buyer ceases – or threatens to cease – to carry on business; or
(d) JomBersih reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
If this condition applies then without prejudice to any other right or remedy available to JomBersih, JomBersih shall be entitled to cancel the contract or suspend any further delivery/performance under the contract without any liability to the Buyer and if Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Any notice required or permitted to be given by either party to the other under the said Terms and Conditions shall be in writing addressed, if to JomBersih, to its registered office or principal place of business and if to the Buyer, to the address stipulated/ provided in the relevant offer to purchase.
JomBersih shall be under no liability whatsoever where this arises from a reason beyond its reasonable control or from an act or default of the Buyer or act(s)/ incident(s) not caused/ contributed by JomBersih.
In no event shall JomBersih be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or JomBersih had been advised of the possibility of the Buyer incurring the same.
In the event whatsoever if JomBersih has held to be liable for any loss and damages suffered by the Buyer or any other third party, JomBersih’s liability shall be limited to an amount up to the maximum cumulative amount of 5%, of the value of the Goods/ Services in concern.
Without prejudice limitation of liability under the said Terms and Conditions, JomBersih’s maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the contract, shall not exceed the total contract price of the particular transaction in question.
If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under the said Terms and Conditions.
No legal action shall be brought against JomBersih later than three (3) months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than three (3) months after the end of the warranty period provided, if any.
Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in the said Terms and Conditions but if there is any conflict between the provisions of Incoterms and the said Terms and Conditions, the latter shall prevail.
No waiver by JomBersih of any breach of the contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of the said Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the said Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
No person who is not a party to the contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the contract (Rights of Third Parties) Act to enforce any terms of the contract against JomBersih which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
All contracts, agreements and/ or transactions shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia.
JomBersih shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any contracts, agreements and transactions for the sale of Goods/ Services in or under or through the Site/ JomBersih.
JomBersih reserves their right to these terms and conditions of sale at any time.
Return/refund or cancellations are not allowed unless JomBersih decided to exercise its sole discretion to accept the return and/ or refund and/ or cancellations. To ensure that you are satisfied with the product you received, please inspect the contents as soon as your order arrives.
JomBersih reserves the right to alter, modify, add to or otherwise vary the said Terms and Conditions from time to time, and in such manner as JomBersih deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Site, Gift Cards and/ or any facilities and/ or offers available in/ through the Site after such amendment, the Customer shall be deemed to have accepted the amendments.
JOMBERSIH GIFT CARDS
Where the Customer provides us with personal data pertaining to a third-party for fulfillment purposes of the Gift Card or otherwise, the Customer hereby confirms on behalf of said third-party that he/she has agreed to the sharing of his/her personal data with JomBersih.
The Customer should refer to the product details page (found in the said Site) for specific terms and conditions and expiry dates.
REDEEMING GIFT CARDS
Gift Cards cannot be used to purchase other Gift Cards, insurance products and any other product prohibited by law or JomBersih.
If the value of an order/ purchase exceeds the value of the Gift Card, any outstanding order/ purchase balance shall be paid using a different payment method.
If the value of an order/ purchase is less than the value of the Gift Card, the remaining Gift Card balance will be forfeited and deem to be surrendered.
Unless otherwise stated in the products details page in the Site, the Gift Cards shall remain valid for a period of six (6) months from the date of issuance.
Gift Cards may not be transferred for something of value.
Additional instructions on how to redeem a Gift Card are made available on the product details page of the relevant Gift Card, under JomBersih.com website, i.e. the Site.
LOSS OR THEFT OF GIFT CARDS
Once purchased, the Customer shall be solely responsible for the safety, use and possession of the Gift Card, including accompanying digital or pin codes and the Gift Cards that are lost or stolen shall not be replaced.
To enjoy and utilize the Gift Card, the Customer shall acknowledge and agrees that:
(a) Gift Cards can only be redeemed within the period specified on the Site;
(b) Gift Cards cannot be redeemed on certain black-out dates or promotion dates specified by JomBersih;
(c) The Customer shall not use Gift Card(s) or permit the use of Gift Card(s) in any manner which may adversely affect other Customers’ use of Gift Card(s) and/or any other Service provided to such Customers, as JomBersih may reasonably determine;
(d) Gift Cards are offered to the Customer on an “as is” basis;
(e) The Customer is responsible for all information the Customer submits, transmits or otherwise make available during the purchase or redemption of any Gift Card;
(f) To such extent permitted by applicable laws, JomBersih expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Gift Cards;
(g) To the fullest extent permitted by law, JomBersih excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled to
REFUNDS, EXCHANGE AND CANCELLATIONS OF GIFT CARDS
5All exchanges and refunds for merchandise purchased with Gift Cards will be made in accordance with JomBersih refund policy. Unless the Gift Cards are otherwise unusable and faulty due to the act or omission of JomBersih, any Gift Cards bought cannot be returned, refunded, or canceled on the Customer’s request after purchase.
Issued Gift Cards cannot be exchanged for cash.
Replacement of the Gift Card may be allowed, at JomBersih’s sole discretion, if there is a systemic failure caused by an act or omission of JomBersih.
Exchange of a Product or Service purchased using a Gift Card shall be subject to the Seller’s terms and conditions.
JomBersih reserves the right to cancel or reject the use of a Gift Card at its sole discretion for any or no reason, including, without limitation, where it deems or suspects fraud or other illegal activities.
AVAILABILITY OF GIFT CARDS
The Customer acknowledges that purchase or redemption of Gift Cards is subject to resource availability, including, without limitation, availability of JomBersih.com website and/or JOMBERSIH mobile app, whichever is applicable and available.
JomBersih does not make any warranty on the performance and capability of the JomBersih.com website or the JOMBERSIH mobile app, whichever is applicable and available.
The Customer accepts and acknowledges that JomBersih may suspend, terminate and/or discontinue the purchase or redemption of the Gift Cards in its sole and absolute discretion without prior notice and without any liability whatsoever to the Customer.