TERMS AND CONDITIONS FOR EZIEMALL.COM WEBSITE
Welcome to www.eziemall.com (“Site”)
Please read the following terms and conditions ("T&C") carefully before using this Site and services offered by Pos Malaysia Berhad (“Pos Malaysia”). These T&C sets out the legally binding terms and conditions for your use of this Site and all services provided on this Site.
By using this Site in any manner, including but not limited to visiting or browsing this Site, you (the "user" or "you") agree to be bound by these T&C, including those additional terms and conditions and policies referred to here and/or available by hyperlink.
These T&C are meant to regulate your access to this Site and they are to be read together with the applicable terms and conditions governing any transaction(s), products and/or services provided on this Site. In the event of conflict between these T&C and the terms and conditions governing the relevant transaction(s), products and/or services provided at this Site, the terms and conditions governing the relevant transaction(s), products and/or services as provided at this Site shall prevail and apply to your access.
Pos Malaysia reserves its right to change, modify, add or remove any of the T&C from time to time without notice to you.
1.1 All products and services contained in this Site are subject to the applicable terms and conditions governing the same. Please check the applicable terms and conditions of sale associated with the products and/or services you may purchase.
1.2 The information, material, functions and content provided in the pages of this Site may be changed from time to time with or without notice at Pos Malaysia’s absolute discretion. Your continued access or use of this Site and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.
1.3 These T&C shall be interpreted and governed by the Malaysian laws. Subject to Section 1.4 below, each party hereby agrees to submit to the exclusive jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
1.4 Nothing in these T&C shall create or deemed to create a partnership, an agency or a employer and employee relationship between you and Pos Malaysia.
1.5 If there is any inconsistency, conflict, ambiguity or discrepancy between the Bahasa Malaysia language and the English language of these T&C in, the English language T&C shall prevail.
Age: You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Pos Malaysia may, in its sole discretion, refuse to offer access to or use of this Site to any person or entity and change its eligibility criteria at any time.
Account Information and Password: You must keep your account information up-to-date and accurate at all times, including a valid email and address. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. Pos Malaysia shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorized use of your login name and password.
Order: When you submit an order for products or services to this Site, you agree that you do so subject to these T&C current at the date you submit your order. You are responsible for reviewing the latest T&C each time you submit your order.
Price: The price of the products and/or services is in Malaysian ringgit shall be the price as stated in this Site at the time which the buyer makes its offer to purchase the products and/or services. The price excludes the cost of delivery charges and other value added tax or similar tax which the buyer shall be liable to pay. Where applicable, price is inclusive of Goods and Service Tax(“GST”).
Delivery Charges: Delivery charges will be charged in addition to the price of the products and/or services and GST (if applicable) and will vary depending on the weight and destination of the delivery. Any dates quoted for delivery of products and/or services are approximate only. The time for delivery/performance shall not be of the essence, and Pos Malaysia shall not be liable for any delay in delivery or performance howsoever caused.
Payment: Payment can be made via (i) credit card/debit card; or (ii)direct debit. Pos Malaysia will only process orders once payment has been made into the account of Pos Malaysia.
Product and/or Services: All product and/or services descriptions, information and materials posted on this Site are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
All representations, statements, descriptions, warranties, details, specifications and/or write-ups which are contained in the product and/or services information on this Site relating to the same are provided by the merchants and Pos Malaysia does not represent or warrant the accuracy, completeness, reliability or error free of the information provided.
Faulty Product: If the product you receive is faulty, please contact our Customer Service Team at +603 22672267 ext 8421 and provide your details of your order for Pos Malaysia’s verification purposes.
You will be required to return the product and upon receipt of the same, Pos Malaysia will examine and advise you on the status of the replacement or refund (if any) via email as soon as practicable. Pos Malaysia may at its discretion refuse to process a replacement/exchange order and may offer a refund as a substitute remedy subject the faulty product.
In the event the product returned is not faulty, Pos Malaysia will re-deliver to you the product and shall charge to you the delivery charges for the re-delivery of the product.
Cancellation: If you wish to cancel your order please contact our Customer Service Team at +603 22672267 ext 8421. Once an order has been dispatched it may not be cancelled and the item must instead be returned to Pos Malaysia according to terms provided under the Return and Refund Policy.
Return and Refund Policy: If you are not completely satisfied with your purchase, you may return the product according to the terms provided under our Return and Refund policy by clicking our link here which forms part of these T&C.
Disclaimer: The content/information displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. In no event shall Pos Malaysia, its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of this Site including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
Limit of Liability: Pos Malaysia’s liability in any circumstance is limited to the amount of the delivery charges.
Indemnity: You agree to indemnify and hold Pos Malaysia, its directors, employees, agents and officers harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these T&C or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
No Guarantee: Pos Malaysia does not guarantee continuous, uninterrupted access to this Site, and operation of the Site may be interfered with by numerous factors outside Pos Malaysia’s control.
Legal Compliance: You shall comply with all applicable domestic and international laws and regulations regarding your use of this Site or breach of these T&C.
Severability: The invalidity or unenforceability of any portion of these T&C shall in no way affect the validity or enforceability of any other portion of these T&C. Any invalid or unenforceable portion or these T&C shall be deemed severed and the balance of these T&C shall be construed and enforced as if these T&C did not contain such invalid or unenforceable terms and conditions.
Complaints: Pos Malaysia place great value on its customer satisfaction and Pos Malaysia shall at its best endeavours perform its obligation under these T&C. You may contact us at our Customer Care Team at +603 22672267 ext 8421. Pos Malaysia will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint.
Force Majeure: Pos Malaysia shall not be liable to you for any breach, hindrance or delay in the performance a contract arising from acts, events or omissions beyond its reasonable control or power including but not limited to war, riots, acts of god, natural disasters, civil strife, imposition of government embargo or sanctions or similar actions, fire, lightning, explosion, flood, heavy and inclement weather, impossibility of the use of public or private telecommunications network. If any of the event mentioned herein lasts for more than seven (7) days, either you or Pos Malaysia may terminate the contract by written notice and without any liability other than a refund of the product or services already paid but not delivered.
Third Party Rights: No person who is not a party to these T&C shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these T&C its assent to any such term.
Ownership and right to use the content on this Site is protected by copyright.
Users acknowledge and agree that:
Users are permitted to use the content on this Site for personal non-commercial use only. No part of the content on this Site may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without Pos Malaysia's prior written consent. Any other use, download, reproduction, modification, publication, performance, distribution or transmission of the content on this Site or the creation of derivative works from or the sale or exploitation in any way of such content is strictly prohibited.
The Pos Malaysia names and logos "Pos Malaysia Berhad", " Pos.com.my" and "www.eziemall.com” are trademarks of Pos Malaysia. No trademarks, logos and services marks displayed on this Site shall be used without the prior written consent of Pos Malaysia and/or other parties whose consent may be required.
Infringement: Pos Malaysia respects copyright law and expects its users to do the same. Unauthorized copying, distribution, modification and public display of copyrighted works is an infringement of the copyright holders' rights. As a condition of your access to this Site, you agree that you will not access or use or permit this Site to be accessed or used for infringing the intellectual property rights of others. Without prejudice to other accrued rights, Pos Malaysia reserves the right to terminate the registration of any user upon notice of any infringement of the copyright or other intellectual property rights of others in connection with the access or use of this Site. Pos Malaysia will investigate any information it receives in relation to copyright infringement committed by any user of this Site.