TERM & CONDITIONS


Last updated on January 17, 2017.


Please read out Terms and Conditions carefully and thoroughly, we therefore assume that you have read, understood and agreed to be bound to all our Terms and Conditions. 


However, we reserve the right to amend these terms and conditions at any time and it is your responsibility to review these terms and conditions on each occasion you make purchase from www.mbooster.my. 


All amendments to these terms and conditions will be posted. You may discontinue using our website if you disagree to be bound by such new terms and conditions.


The Site, www.mbooster.my is operated by Modular Wide E Distribution Sdn Bhd, a company registered in Malaysia with company registration number 1119117-W and with registered offices at Unit 23-13, Q Sentral, Jalan Stesen Sentral, KL Sentral, 50470 Kuala Lumpur, Malaysia.


The term "you" in these terms and conditions refers to the person accessing or using the Site or our Services or purchasing a Deal or purchasing from the www.mbooster.my, or the company or organisation on whose behalf that access or that purchase is made.


Conditional Use Of Our Site And Services


If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.


Your permission to use the Site is conditional upon your agreement that you:


·        will comply with these terms and conditions;


·        will provide accurate information when creating an account or registering for our Services; and


·        are solely responsible for your User ID and the activity that occurs while signed in to or while using Mbooster using your User ID.


The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.


Terms and Conditions Applicable Only to Recipient (henceforth to be referred to as users, visitors, claimers, and/or customers) 


These terms and conditions (together with the fine print listed against each item in the Mbooster) govern your purchases from the Mbooster. Kindly read these terms and conditions carefully and make sure that you understand them before placing an order with Mbooster. By placing an order with Mbooster, you agree to be bound by these terms and conditions.


Mbooster is the only entity with the discretion to determine a buyer's compliance with these terms and conditions. Hence, both companies reserve their rights to restrict, suspend, deny, or terminate the access of any recipient to any part of the website, with or without notice of any kind. 


Any recipient who violates any of the terms or conditions stated here won't be allowed to purchase any product or service.


If you are under the age of 18 and you wish to avail of our services, please ask your parent's permission first before you make any purchases. All our services are subject to similar and further age limitations.


Merchants are the sellers of the associated goods and/or services promoted in the Promotions and are solely responsible for providing them, their quality, compliance with law, including laws with respect to Expiration Dates. Availability may be limited and there is no guaranty that it will be sufficient to meet all Promotions issued. Promotions are subject to terms, conditions, limitations and restrictions stated on the Promotions as Fine Print and/or Highlights. Mbooster is not responsible for additional or different terms, conditions, limitations and restrictions that may be imposed by the Merchants on Promotions. In the event that a Merchant refuses to honour the Promotions without cause or contrary to law or these terms and conditions, your only recourse is only against the Merchant and Mbooster will not have any responsibility. Mbooster reserves the right to cancel, terminate or alter any Promotions at any time. 


All capitalized terms not defined herein shall have the same meaning as in the Mbooster Conditions of Use. The Mbooster Conditions of Use are incorporated herein by reference.


We will notify you if for any reason we do not accept your order, or any part of it (in which case we shall not take payment from you in respect or the cancelled order, or the partially cancelled order). The circumstances where we may not accept your order include:


·        where the item you have ordered is no longer available in stock;


·        where your payment has not been authorised;


·        where we have identified a pricing or product description error; and/or


·        where you have not complied in any way with these terms and conditions.


Abusing our Website


We keep our Website and services working properly and safe. Please report problems, offensive content and policy violations to us. Mbooster works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify us and we will investigate.


Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.


Purchase and Payment


You should carefully read the item detail page and review information such as price, option price, (overseas) shipping charges, import duty, etc. and terms and conditions for sales before purchasing an item.


We take no responsibility and assume no liability for any loss or damages to a buyer arising from shipping information and/or payer information entered by the buyer or wrong remittance by the buyer in connection with the payment for the items purchased. We reserve the right to check whether a buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.


Customs


If the country of the seller is different from the country of the buyer, the buyer is considered the importer of record and must comply with all laws and regulations of the country in which the buyer is receiving the goods. Buyers should make sure that they can lawfully import the item into the buyer's country before purchasing the item.


Buyers may be subject to import duties and taxes, which are levied once a shipment reaches the buyer's country. In principle, additional charges for customs clearance must be borne by you if not specified otherwise in the item detail page explicitly; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, please contact your local customs office for further information.


Your privacy is important to us, and we know you care how information about your order is used and shared. We would like our international buyers and sellers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities.


Also, we or sellers may provide certain order, shipment, and product information--such as titles to our or their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or sellers to state the value of the purchased item directly on the package. The seller shall bear all liabilities relating thereto. If any transaction is cancelled due to a reason attributable to the seller (e.g. non-delivery of the purchased items), the Company may take actions against the seller.


The Company may at its option provide overseas delivery service and other services related to delivery in association with third-party service providers.


Content


You may post reviews, comments, photos and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.


If you do post content or submit material, and unless we indicate otherwise, you are deemed to have granted the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You are deemed to have granted the Company and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.


Other Businesses


Parties other than the Company operate stores, provide services, sell products or list advertisement on this Website, and this site may link to sites of affiliated companies and certain other companies. The Company is not responsible for examining or evaluating, and does not warrant the products of such business or individual or the content of their web sites. The Company does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.


Access and Interference


Our Website contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to the Company by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.


Additionally, you agree that you will not:


· - take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;


· - copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of the Company and the appropriate third party, as applicable;


· - interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or


· - bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.


Indemnity


You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.


No Warranties


You will not hold the Company responsible for other users' content, actions or inactions, or items they list, including things they post. You acknowledge that we are not a traditional online shopping service provider or auctioneer. Instead, we provide an electronic marketplace for buyers and sellers and arrange transactions between such buyers and sellers. The Company is responsible for operating and managing its Website and makes reasonable efforts in order to maintain efficient services. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.


We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Website and services.


ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS WEBSITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO THE USER "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS WEBSITE IS SOLELY AT THE USER'S OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO SOME USERS.


Limitation of Liability


THE USER SPECIFICALLY AGREES THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.


IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


No Agency


No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between the Company and any buyer or seller.


Notices


Except as explicitly stated otherwise, any legal notices shall served on Modular Wide E Distribution Sdn Bhd via registered mail, to at Unit 23-13 , Q Sentral, Jalan Stesen Sentral, KL Sentral , 50470 , Kuala Lumpur, Malaysia or using the Contact Us form. (in the case of the Company) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.


Applicable Law and Jurisdiction


By visiting this Website, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and the Company.The courts of Malaysia will have non-exclusive jurisdiction over any legal action or the proceedings against the Company arising out of, with respect to, or in connection with any disputes over this User Agreement and disputes between Users.




1) ACCEPTANCE OF TERMS AND CONDITIONS

BY USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENTS.


2) GOODS AND SERVICES

2.1 You agree to take particular care when providing us with our details and warrant that these details are accurate and complete at the time of redemption. Where applicable, you also warrant that the credit or debit card details that you provide are of your own credit or debit card and that you have sufficient funds to make the payment.


2.2 Please note that some of your Goods may be suitable for cartain age ranges only. You should echeck that the product you are redeeming is suitable for the intended recipient.


2.3 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your redemption secure, but in the absence of negligence on your part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or redeeming from the Website.


2.4 Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Supplier. When you place your redemption online, we will send you an email to confrim that we have received it. This email confirmation will be produced automatically so that you have confirmation of your redemption details. You must inform us immediately if any details are incorrect. The fact that you recive an automatic confirmation does not necessarity mean that either we or the Participating Supplier will be able to fill your redemption. Once we have sent the confirmation email we will check availability and delivery capacity.


2.5 If the Goods are not available, we will inform you by text message (SMS) or phone call.


2.6 All the redemption points listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future. WE also reserve the right to alter the Goods or Services available for redemption on the Website and to stop listing Goods or Services.


2.7 All redemption points listed on the Website or Goods and Services reflect the redemption value at the time of listing. We give great care to keep them up to date. In the case the redemption M-Points listed is not current, we will contact you to inform you about the M-Points difference and you can choose to opt-out of the redemption.


2.8 The total M-Points or Goods or Services redemmed, including delivery charges and other charges, will be displayed on the Website when you place your redemption. Where applicable, full payment must be made for all Goods and Services provided.


2.9 Delivery periods quoted at the time of redemption are approximate only and may vary. Goods will be delivered to the address designated by you at the time of redemption. We will give great care to deliver in a timely manner. No responsibility is taken for late delivery. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.


2.10 All risk in the Goods or Services shall pass to you upon delivery.


3) CANCELLATION OF REDEMPTION


3.1 We may cancel a redemption if the product is not available for any reason. We will notify you if this is the case and credit the points back to your Mbooster account.


4) CONTENT AND LINKS


The Service may contain content supplied by third parties and links to internet sites maintained by third parties. Mbooster do not, in any respect, control such content or operate such third-party sites and do not guarantee the availability of any email from or links to third-party sites. Third-party content and links are included solely for the convenience of users, and do not constitute any endorsement by Mbooster.


5) COMPLAINTS


We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to Customer Service.


6) RETURN, REPLACEMENT/REFUND


6.1 The return, replacement or refund of Goods shall subject to the return policy of the Vendor.


6.2 The Vendor agrees that the Customer, upon receiving the Goods sold, shall be granted a minimum of seven(7) business days to perform any returns and request for exchange or refund thereafter.


6.3 Vendor expressly agrees that Mbooster reserves the right to change the terms and conditions in this Return Policy from time to time.


6.4 All costs associated with returning goods shall be the sole responsibilty of the Vendor.


6.5 The Parties agree that in the event the Vendor delays, refuses, fails, neglects, declines or unwilling to observe, perform and comply with the Return Policy, the Vendor shall be deemed in breach of this Agreement, and shall, inter alia, indemnify Mbooster.


6.6 Should the Logistics Service Provider is allowed to conduct an inspection on the Goods collected from the Vendor before delivering to the Customer, any damage or loss occured to the Goods shall be solely liable to the Logistics Service Provider. Otherwise, should the Goods are not allowed to be inspected by the Logistics Service Provider prior to delivering to the Customer, the Vendor shall be responsible on all costs associated with the said Goods.


6.7 Should the frequency of returns due to damaged or faulty Goods exceed more than five(5) times, Mbooster shall impose a Penalty upon the respective Vendor.



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