E-Store User Agreement
This E-Store User Agreement (“hereinafter referred to as “the Agreement”) contains the terms and conditions, and governs the legal relationship between Perfect Plus (Malaysia) Sdn. Bhd. (1266594-P) and you, in respect of you renting from us of the E-Store which is located at ‘RewardMall’ (www.rewardmall.com.my), the digital mall owned and operated by us, for your use to conduct e-commerce business to sell your products and/or services online and to accept Payment Cards AND Loyalty Cards online under the respective agreement(s) which you have entered into with the Acquiring Partners. You are deemed to have read and accepted the terms and conditions of this Agreement and are bound by them once you or your authorized personnel, have signed on the E-Store Rental Request Form and/or the E-Store Set-up Acceptance Form upon the completion of the set-up of the E-Store. The first use of the E-Store by you or your authorized personnel, staff or agent will constitute binding and conclusive evidence of your acceptance of the terms and conditions of this Agreement. As such, you should read and understand these terms and conditions before doing any of the above or allowing your authorized personnel, staff or agent to do so. Further, this Agreement may be superseded by variations, revisions or changes from time to time and at any time, subject to prior notice and we are obliged to inform you that the use of the E-Store after the effective date of such variations, revisions or changes will constitute your acceptance of such variations, revisions or changes without any reservation.
In this Agreement, the following definitions will apply:
“Account”means the account which you open (or which we open on your behalf) and maintain with us from time to time.
“Acquirer” means the operator of a payment system or a loyalty system that has entered into an agreement with a business enterprise to provide E-Merchant Acquiring Service for payment card transactions or loyalty card transactions, as the case may be, and the word “card” includes mobile payment instrument or mobile loyalty instrument, as the case may be.
“Acquiring Partner” means the Acquirer which has appointed PPM as its service provider to recruit business enterprises to be an E-Merchant to accept Payment Cards or Loyalty Cards online under an agreement which the business enterprise has entered into with such Acquirers, respectively.
“Content” means data, information, graphics, images, photos, audio or video, sounds,relating to the display of products and/or services in the E-Store.
“Content Posting Service” means the service supplied by us at your request to upload the posting of the Contents to the E-Store.
“Customer” means the person which makes online purchase of goods and/or services from, and makes online payment to you via, the E-Store.
“Delivery Fee” means the fee that is billed by, and settled on behalf of the E-Store User by us to, the Delivery Partner at the prevailing rates of the Delivery Partner for delivering the goods purchased by a Customer online from the E-Store User.
“Delivery Messaging Handling Fee” means the fee charged by us to the E-Store User for enabling and handling the digital messaging to the Delivery Partner for requesting delivery service upon the successful completion of the online payment by the Customer for the online purchase of the goods from the E-Store User, as well as for the undertaking of settling of the Delivery Fees to the Delivery Partner, and such fee is calculated based on 15% (or such other percentage as may be notified by us from time to time no less than 30 days prior to such change of the rate) of the amount of Delivery Fee billed by the Delivery Partner to us.
“Delivery Partner” means the third party delivery company with whom we have entered into an agreement for the delivery to the Customers of goods purchased by the Customers from the E-Store User.
“E-Merchant” means a business enterprise which has entered into an E-Merchant Agreement with a Acquiring Partner for the online acceptance of Payment Cards or Loyalty Cards, as the case may be.
“E-Merchant Account” means the account an E-Merchant has with the Acquiring Partner for settlement of transactions arising from the acceptance of payment or loyalty cards, as the case may be, under the E-Merchant Agreement for acceptance of Payment Cards or Loyalty Cards, as the case may be.
“E-Merchant Acquiring Service” means the service provided by a Acquiring Partner to an E-Merchant for the E-Merchant (i) to accept Payment Cards from Customers as payment for goods and/or services purchased online by the Customers from the E-Merchant’s E-Store, and the transactions of which the Acquiring Partner is licensed and/or authorized to acquire and undertakes to settle the payment to the E-Merchant; or (ii) to accept Loyalty Cards presented by Customers for the Customers to obtain rewards from the operators of the Loyalty Cards for goods and/or services purchased online from the E-Merchant’s E-Store and/or for the Customers to use the loyalty points accumulated by the Customers to redeem goods/services online from the E-Merchant’s E-Store, and the reward and redemption transactions of which the Acquiring Partner is licensed and/or authorized to acquire and to collect from the E-Merchant the fees for the reward transactions conducted by the E-Merchant with the Customers and/or to make payment to the E-Merchant for the goods and/or services redeemed by the Customers, as the case may be.
“E-Merchant Agreement” means the agreement which is entered into between a business enterprise and a Acquiring Partner for the business enterprise to be an E-Merchant to accept Payment Cards or Loyalty Cards online, as the case may be.
“E-Merchant Application” means the application submitted by a business enterprise to the Acquiring Partner to be an E-Merchant to accept Payment Cards or Loyalty Cards online, as the case may be, under the terms and conditions of the E-Merchant Agreement.
“E-Merchant Service Agreement” means the agreement entered into between us and the Acquiring Partner whereby we provide services to the Acquiring Partner to solicit business enterprises on-behalf of the Acquiring Partner for the business enterprises to enter into the E-Merchant Agreements for the online acceptance of Payment Cards or Loyalty Cards, as the case may be, with the Acquiring Partner for online sales transactions conducted by the business enterprises via the E-Store.
E-Store”“ means the digital store (or commonly known as ‘e-commerce platform’) at RewardMall which a business enterprise may rent from us for the purpose of using it to conduct e-commerce business and such E-Store is equipped with the following digital facilities: (i) display of products/services for sales; (ii) shopping cart for Customers to gather items to buy; (iii) checkout of intended purchase item(s) by Customers; (iii) internet gateways for acceptance of payment instruments and loyalty instruments under the respective Acquiring Partners; (iv) digital messages to the Delivery Partner to pick up sold items for delivery to the Customers, and (v) other sales related processes, including charging to Customers of the Delivery Fees and government taxes (if any) relating to the online purchases of goods by the Customers.
“E-Store Rental Request Form” means the form submitted by you to us requesting to rent an E-Store from us under the terms and conditions contained in this Agreement.
“E-Store User” means the business enterprise which rents the E-Store from us for the purpose to conduct e-commerce business.
“Initial Rental Period” means the initial period of renting of our E-Store to you as stated in Section C of the E-Store Rental Request Form commencing from the Starting Date to Ending Date as stated in the E-Store set-up Acceptance Form.
“Liquidated Damages” means the amount of money to compensate us for causing irreparable damage to the E-Store at an amount to be reasonably assessed solely by us and/or for an early termination of the E-Store User Agreement by you before the expiration of the Initial Rental Period, or any Renewal Rental Period as specified in Note 3 (b) of the E-Store Rental Request Form.
“Loyalty Card” means loyalty instrument of any brand (such as Cash-In Rewards and B Infinite), the transactions of which the Acquiring Partner is authorized to acquire, and includes both instruments of card and mobile app types.
“Rental” means the rental fee as stipulated in Section C of the E-Store Rental Request Form payable by you to us monthly or annually, as the case may be, during the Initial Rental Period and any Renewal Rental Period, and it is determined, and billed to the Account monthly or annually (as the case may be) in advance during the Initial Rental Period and any Renewal Rental Period.
“Monthly Statement” means the periodical statement of your Account issued by us on the last day of every month (or on other date of the following month as we may solely determine) during the Initial Rental Period and any Renewal Rental Period detailing the Rental (monthly or annual rental, as the case may be), Other Payable and any other charges that are billed to you, as well as any payment made by you, during the month.
“online” means an activity carried out over the Internet.
“Outlet” means the physical place where you carry out your business and the address of which is as listed in Section B of the E-Store Rental Request Form.
“Other Payable” means charges for Related Product / Service, Late Payment Charges, and any other money payable by you to us under the provisions of the terms and conditions of this Agreement.
“Party” means either you or us.
“Payment Card” means the payment instrument of any brand (such as MasterCard and Visa), the transactions of which the Acquiring Partners are authorized to acquire, and includes instruments of both card and mobile app types (such as Boost, Touch ‘N Go EWallet).
“Related Product / Service” means any device (including sales order printer), material or computer program (collectively referred to as “Consumables”), Content Posting Service and other services that may be rendered by us to you and the charges for such product / service shall be debited to your Account before or after the delivery of such product or rendering of such service (as may be solely determined by us).
“Renewal Rental Period” means the automatic renewal of renting our E-Store to you for further periods of twelve (12) months each upon the expiration of the Initial Rental Period or any of the renewal periods unless a notice of non-renewal is given by either Party no less than sixty (60) days prior to the expiration of the Initial Rental Period or any of the renewal periods.
“RewardMall” means the digital mall (with the website address
), operated and owned by Perfect Plus (Malaysia) Sdn Bhd, which has an array of E-Stores for let to business enterprises to conduct e-commerce businesses.
“Security Deposit” means the amount stated in Section C of the E-Store Rental Request Form payable by you to us to ensure payments of the Rental and other responsibilities of yours under the terms and conditions of this Agreement will be performed during the period of your use of the E-Store rented to you.
“Set-up Fee” means the fee stated in Section C of the E-Store Rental Request Form payable by you to us for the following services provided by us: (i) assistance in submitting of your E-Merchant Application to the Acquiring Partners to be an E-Merchant of the respective Acquiring Partner; (ii) processing your Request to rent an E-Store from us; (iii) upon the approval by the Acquiring Partners of your E-Merchant Applications for the acceptance of Payment Cards and loyalty Cards, respectively, setting-up the E-Store, including training you and/or your staff and/or agents for the use of the facilities of the E-Store and the procedures for the posting (i.e. uploading and displaying) of your products and/or services to the E-Store and the procedures for fulfilling the approved online payment for the online purchases conducted between you and the Customers by yourself or via any of the appointed Delivery Partner, upon the approval by the Acquiring Partners of your E-Merchant Applications; and (iv) supply of Related Product / Service, as well as maintenance service of the E-Store, during the Initial Rental Period and any Renewal Rental Period.
“You”, “Your” and “Yours” means all the persons responsible for complying with the terms and conditions of this Agreement, including the person(s) or company or business enterprise named and referred to as “The Requester” in Section A of the E-Store Rental Request Form and the person(s) who sign(s) off on the E-Store set-up Acceptance Form, and as “E-Store User” in this Agreement.
“We”, “Us”, “Our” and “The Company” means Perfect Plus (Malaysia) Sdn. Bhd. (1266594-P), the owner and operator of RewardMall.
Words incorporating neutral persons include corporations, Government and semi-Government organizations and vice versa. Words as singular include the plural and vice versa and words as one gender include every other gender.
- Subject to the terms and conditions contained in this Agreement, the E-Store of the type as requested by you in Section C of the E-Store Rental Request Form is rented to you under the Monthly Rental Scheme or the Annual Rental Scheme, as per your request, for your use during the Initial Rental Period and any Renewal Rental Period as stated in Section C of the E-Store Rental Request Form, provided always that such renting of the E-Store shall subject to you having entered into an E-Merchant Agreements the Acquiring Partners of Payment Cards and Loyalty Cards, respectively, prior to the use of the E-Store by you.
- The E-Store rented to you may be used by you for the purpose of displaying your products and/or services for online sales to the Customers and for processing and completing online transactions of Payment Cards and/or Loyalty Cards under the E-respective Merchant Agreements which you have entered into and may enter into from time to time during the Initial Rental Period and any Renewal Rental Period with the respective Acquiring Partners.
- We have the right during the Initial Rental Period and any Renewal Rental Period, at our sole discretion, elect not to rent any E-Store to you or to reduce the Initial Rental Period or Renewal Rental Period of the E-Store already rented to you, due to circumstances beyond our control, with a 30-day notice in writing to you notifying you of such intention of ours, and in such event we will not be liable to pay any compensation or damages to you.
- We reserve the right to change the software program of, or replace, any of the E-Store rented to you with or without giving to you any reason for the change of the software program, or replacement, of the E-Store, and in the event of replacing the E-Store with a E-Store of similar type or a different type with similar functionality or about the same specifications, the Rental and Initial Rental Period or any Renewal Rental Period shall remain unchanged, and in the event that replacement E-Store involves a higher Rental, such higher Rental shall be agreed to by both of us prior to the replacement and the Initial Rental Period or any Renewal Rental Period, as the case may be, of the E-Store replaced shall be deemed expired and the Initial Rental Period shall be established for the replacement E-Store.
- The Rental payable by you to us shall include the supply of the following services: (i) Help Desk and/or maintenance service including re-integration of the E-Store with the Internet Payment Gateway, the Internet Loyalty Gateway and the Delivery Partner as may be instructed by the Acquiring Partners of Payment Cards, Loyalty Cards and the Delivery Partner, respectively, and (ii) data communication which is of sufficient speed and size for transmitting and receiving of the transaction data to complete the transactions of Payment Cards and/or Loyalty Cards in the ordinary course of the online sales transactions conducted between the Customers and you via the E-Store.
- Upon your request for any Related Product / Service, we shall quote you the fee charges of the requested Related Product / Service and we reserve the right to charge you at our prevailing professional fee rates for the Related Product / Service.
- You hereby agree to (i) reimburse us the Delivery Fees billed by, and settled by us to, the Delivery Partner for the delivering of goods purchased online via the E-Store by the Customers from you, and (ii) pay us the Delivery Messaging Handling Fees.
YOUR WARRANTIES, REPRESENTATIONS AND GUARANTEES OF COMPLETE AND ACCURATE INFORMATION
- You warrant you have supplied complete and accurate information as required in E-Store Rental Request Form submitted to us, as well as in the E-Merchant Applications submitted to the Acquiring Partners, and further agree to indemnify us in the event of any claims, proceedings, actions and demands by any of the Acquiring Partners and/or any loss that we may suffer, arising from any such inaccurate and/or false information supplied by you.
- You warrant, represent and guaranty that the Content of the products and/or services you have chosen to display in the E-Store WILL NOT:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy, or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence in an explicit, graphic or gratuitous manner;
- be pornographic or sexually explicit;
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; and/or
- cause annoyance, inconvenience or needless anxiety to any person.
- You further warrant, represent and guaranty that:
- the Content on the products and/or services you have chosen to display in the E-Store WILL BE appropriate, civil, lawful and accord with generally accepted standards of etiquette and behaviour on the mobile app and the E-Store;
- you WILL NOT link the E-Store to any website or web page and any other platform consisting of or containing material that would, were it posted on the E-Store, breach any of the provisions of the terms and Conditions contained herein; and
- you WILL NOT charge any Customer the Delivery Fee for delivering the goods purchased by the Customers online via the E-Store at an amount higher than the sum of the Delivery Fee plus the Delivery Messaging Handling Fee.
PAYMENT OF RENTAL, SET-UP FEE, SECURITY DEPOSIT AND OTHER CHARGES AND TAXES
- The Rental shall be billed to the Account monthly in advance on the 1st of every month for the Monthly Rental Scheme, or yearly in advance for the Annual Rental Scheme, as the case may be, during the Initial Rental Period and any Renewal Rental Period.
- The reimbursement amount of Delivery Fees, Delivery Messaging Handling Fees and Other Payable shall be billed to the Account as and when any of such items arises in a month during the Initial Rental Period and Renewal Rental Period (if any).
- You have executed, and shall execute from time to time as required of you, the direct debit mandate to the bank you maintain your bank account (“Direct Debit Mandate”) or the on-line direct debit e-mandate through an on-line payment collection service provider arranged by us (“Direct Debit e-Mandate”) to allow direct debit of your bank account for the Rental, Other Payable, Liquidated Damages and any money payable by you to us relating to the use of the E-Store(s) during and after the Initial Rental Period or any Renewal Rental Period.
- We shall issue a Monthly Statement to you during the Initial Rental Period and any Renewal Rental Period and you shall pay the full amount due from you to us as shown in the Monthly Statement upon receipt of such Monthly Statement.
- If any portion of the amount shown in a Monthly Statement that is remaining outstanding on the next Monthly Statement’s date, we shall be entitled to charge you a late payment charge (“Late Payment Charge”) calculated based on RM10 or 2% on the amount outstanding, whichever is greater; and we shall be entitled to bill such Late Payment Charge to the Account on the next Monthly Statement’s date.
- The first month’s Rental or the first year’s Rental (as the case may be), the Security Deposit and Set-up Fee as stated in Section C of the E-Store Rental Request Form shall be payable by you to us upon your execution of the E-Merchant Applications and the E-Store Rental Request Form and such payments may be refunded to you in accordance to our refund policy as stated in Note 2 of the E-Store Rental Request Form.
- We may review and vary the fee rate and price for any Related Product / Service without giving any prior notice to you but shall furnish the prevailing rate and price upon any request by you.
- Government Service Tax and other tax, if any, relating to the Set-up Fee, Rental and charges for Related Product / Service shall be borne and paid by you.
OWNERSHIP OF E-STORE
- Ownership (including beneficial ownership) of the E-Store rented to you, including any equipment and materials relating to the functioning of the E-Store, as stated in Section B of the E-Store Rental Request Form shall remain with us and in the event of the expiration or early termination of the Initial Rental Period or any Renewal Rental Period, you shall immediately stop using all the facilities of the E-Store and return all the said equipment and materials to us at the business address described in the front page of the E-Store Rental Request Form hereto or at such other business address of ours as may be informed by us to you during the Initial Rental Period or any Renewal Rental Period or allow our authorized employees or representatives or agents to retrieve such equipment and materials from you at your Outlet as stated in Section B of the E-Store Rental Request Form or at such other address as may be informed by you or known to us.
- We have the absolute right to program, re-program, deactivate, reactivate, service or replace (with one that is of good working order and at least functionally equivalent) the E-Store during the Initial Rental Period and any Renewal Rental Period, for processing transactions of your online sales.
- you shall not alter the program of the E-Store on your own, or to permit any third party to alter the program or to share the use of the E-Store with any third party for any purpose.
- you shall not do or permit to be done on the E-Store anything which may or will infringe any of the laws, bye-laws or regulation made by the Government or any competent authority (including the brand owners of the Payment Cards or Loyalty Cards) whereby the E-Merchant Service Agreement that we have entered into with the respective Acquiring Partners, and/or the agreement which we have entered into with any of the Delivery Partners, become void or voidable, or whereby causing the Acquiring Partner to terminate the said E-Merchant Service Agreement, and/or causing any of the Delivery Partner to terminate the said agreement with us, which would cause consequential losses, including loss of business income and/or business reputation of ours.
- you shall report to our Help Desk by phone (the contact number as may be informed by us from time to time) and to be followed in writing to us immediately (if required) upon discovery of hacking, malfunctioning or damage of the E-Store. In the event of any malfunctioning or damage of the E-Store, you shall not attempt to repair or temper with the E-Store.
XCLUSION OF OUR WARRANTIES, REPRESENTATIONS AND GUARANTEES
- We do not warrant, represent or guarantee:
- the accuracy and completeness of the information (including the fees and charges relating to the renting of the E-Store) published on our website and any publication or brochure is up-to-date or the information on the facilities of the E-Store rented to you for you to conduct online sales can be applied to achieve any particular result;
- the access to the E-Store by you and Customers will be uninterrupted, timely or error-free due to the nature of the Internet and the third party service provider of servers that hosts our operating systems of RewardMall, however, we may resolve the issue by changing the service providers of Internet and/or servers hosting, and/or carrying out repairs and maintenance of the operating systems of RewardMall and/or the E-Store rented to you, if required;
- the hardware and software which we are using to operate RewardMall may not be compatible with all the hardware and software which you may use to access, and/or to maintain the Content of, the E-Store, and in this respect, we shall not be liable for damage to, viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the E-Store or your obtaining any material from, or as a result of using, the E-Store, and we shall not be liable for the actions of third parties that you have assigned / give authority to access the E-Store to perform the tasks mentioned above;
- the use by you of the services of the Acquiring Partners which you have entered into agreements with for your acceptance of the Payment Cards and Loyalty Cards, respectively; and
- the use by you of the delivery services of the Delivery Partner with whom we have entered into agreement with for them to bill us for Delivery Fees incurred by you for the delivery of goods sold by you to the Customers online from your E-Store.
- To the maximum extent permitted by applicable law we exclude all representations, warranties and guarantees, implied or otherwise, relating to the quality, fitness for purpose and/or the use of reasonable care and skill when you or your authorized personnel or agents use the E-Store to conduct your online selling of the products and/or services you have displayed in the E-Store.
- Save as is otherwise provided in the terms and conditions of this Agreement, we, our employees, servants and agents shall have no obligation or liability of any kind (whether direct or indirect) to or through you with respect to your access to or use of, or the result obtained from, the E-Store or any Related Product / Service supplied by or through us. The E-Store is provided by us on an “as is” basis and as accepted by you or your representative or staff or agent upon the set-up of such E-Store without any warranty of any kind, express or implied, including without limitation any implied warranties of satisfactory quality and fitness for any particular purpose.
- We shall not be liable for any incidental or consequential damages arising from your use of the E-Store, any Related Product / Service. We shall also not be liable to you for any wrong transmission or divulging of information of you and/or the Acquiring Partner(s) and/or your Customers.
- You undertake to indemnify and/or compensate, and keep us indemnified and/or compensated, for and against any or all loss of or damage howsoever caused (including but not limited to theft, robbery, fire, misplacement or irreparable damage to any physical device that we may have deployed for your use) to the E-Store.
DURATION AND TERMINATION
- The terms and conditions contained in this Agreement shall be effective during the Initial Rental Period and any Renewal Rental Period.
- If you default in the payment of any amount due to us or in the performance of any obligation herein contained or become insolvent or commit or suffer an act of bankruptcy or being a company goes into liquidation or a provisional liquidator, receiver or official manager is appointed or an order is made or an effective resolution is passed for your winding up or execution or distress against you or the assets of yours is levied or you make a false statement to us or the Acquiring Partner or the termination of all the E-Merchant Agreements with all the Acquiring Partners, then we may at any time thereafter by written notice to you terminate the renting of the E-Store to you forthwith.
- If the renting of the E-Store is terminated by us for reasons of default or breach by you of any of your obligations, duties and covenants herein or if you fail to complete the full Initial Rental Period or any Renewal Rental Period of the E-Store rented to you, you shall pay to us Rental for the unexpired period of the Initial Rental Period or any Renewal Rental Period, as the case may be, which shall become due and payable immediately upon termination or upon the occurrence of the above event without prejudice to our right of action in respect of any other breach of your covenants herein contained.
- Notwithstanding anything herein contained, we shall be entitled to terminate the renting of the E-Store to you in the event of a directive from Malaysian Government or any of its Agencies to cease the use of the E-Store by any person (or business enterprise) by giving you written notice of not less than thirty (30) days or the time period as may be directed by the Malaysian Government or its agencies, whichever is longer, of its intention to do so, and in such event, neither Party shall be liable to pay any compensation or damages to the other Party.
- In the event of a termination of the renting of the E-Store to you due to whatever reason, you shall co-operate with our authorized staff or agent to peacefully surrender the E-Store to us without contesting our ownership of the E-Store.
SUSPENSION OF USE
In the event of any default or breach on your part, we may, at our sole and absolute discretion at any time and without prejudice to any other rights of ours herein, suspend the use by you of the E-Store rented to you by serving to you a written suspension notice (period of such notice shall be at our absolute discretion depending on the circumstances) and upon such suspension, we may deactivate or retrieve the E-Store for such period as we shall deem appropriate. During the period when the use of the E-Store by you is suspended pursuant to this Clause, Rentals shall continue to be payable by you and we shall not be liable to indemnify or compensate you for any loss or damage arising out of the suspension of the use of the E-Store. We shall be entitled to charge you at our prevailing fee rate for deactivating of the E-Store as well as for re-installing or re-activating it after the suspension is lifted.
THIRD PARTY CLAIM
In the event that we suffer any third party claim initiated by any of the Acquiring Partners, Delivery Partners and/or any party against us for any amount due to your conduct of online sales of your products and/or services via the E-Store, we shall be entitled to claim from you such third party claim that we may have suffered and you shall forthwith pay to us such claim amount upon receipt of a debit note issued by us.
- The Security Deposit as specified in Section C of the E-Store Rental Request Form for the E-Store rented to you shall be refunded to you upon the expiration, or termination , of the Initial Rental Period or any Renewal Rental Period, subject to the Contents in the E-Store being deleted in totality upon the said expiration.
- We shall be entitled to deduct from the Security Deposit for any amount that is due and payable to us prior to refunding such Security Deposit to you.
No Party shall claim against the other Party if the other Party fails to carry out its obligations under this Agreement due to a cause of force majeure, such as acts of God, war or warlike hostilities, civil commotion, riots, strikes, lockouts, delay in deliveries of parts from suppliers or E-Store(s) failure caused by force majeure, or any other event outside the control of the Party in question. Should the force majeure period exceeds six (6) months, either Party shall be entitled to elect to terminate the renting of the E-Store by giving a notice of termination no less than thirty (30) days from the effective date of the intended termination. Notwithstanding the above, you shall continue to pay the Rental to us during force majeure period until the effective date of the termination of the renting of the E-Store.
Any notice to be served by either Party to the other Party shall be deemed sufficiently served if delivered to the address as specified in the front page (for us) and Section A (for you) of the E-Store Rental Request Form. The Party sending such notice shall not be liable to the other Party for any undelivered notices for as long as such notice has been posted and addressed as aforesaid.
SUCCESSORS AND ASSIGNS
This Agreement binds and inures to the benefits of both Parties, their successors in title and assignees, and if you are an individual, shall be binding your heirs and personal representatives. You shall not assign all or any part of your obligations without the prior written consent of ours. We, however, may assign any or all rights and obligations, reorganization or reconstruction or reorganization of our business subject to written notice to you.
The failure of a Party to give timely notice of the breach or non-fulfillment of any of the terms and conditions of this Agreement shall not constitute a waiver thereof, nor shall the waiver of any breach or non-fulfillment of any of the terms and conditions constitute a waiver of any other breach or non-fulfillment of that or any other term or condition hereof.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia.
Owned And Operated By
PERFECT PLUS (MALAYSIA) SDN. BHD. (1266594-P)
LEVEL 8-09, WISMA BU8, 11,
LEBUH BANDAR UTAMA, PJU6,
47800 PETALING JAYA, SELANGOR,
Telephone No.: 03-74917933
Fax No.: 03-74917933
Email Address: firstname.lastname@example.org
Last Update: February 1, 2021