TERMS AND CONDITIONS

TERMS OF USE & ACCESS

_________________________________________________________________________________

TERMS OF USE & ACCESS

(for all Users including Dealers)

Welcome to the KLRegistry web portal and/or the KLRegistry mobile app. Please read these terms and conditions carefully. These terms and conditions of use and access (collectively, “Terms of Use & Access”) govern your access to and use of our Platform (as defined below), the Services (as defined below), the Materials (as defined below) or the Products (as defined below), or any part thereof. By accessing or using our Platform, the Services, the Materials or the Products, or any part thereof, you agree to be bound by these Terms of Use & Access. If you do not agree to these Terms of Use & Access, do not access or use our Platform, the Services, the Materials or the Products, or any part thereof.

Access to and use of password protected and/or secure areas of our Platform, the Services, the Materials or the Products, or any part thereof, are restricted to Users with accounts only. You may not obtain or attempt to obtain unauthorised access to or unauthorised use of such parts of our Platform, the Services, the Materials or the Products, or any part thereof, or obtain unauthorised access to or unauthorised use of any other protected information, through any means not intentionally made available by us for your specific access or use.

If you are below legal age: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use & Access and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or the purchase of any Services, Materials or Products, or any part thereof; and (iii) your acceptance and compliance with these Terms of Use & Access. If you do not have consent from your parent(s) or legal guardian(s), you must stop accessing or using our Platform, the Services, the Materials or the Products, or any part thereof. However if you continue to access or use our Platform, the Services, the Materials or the Products, or any part thereof, you will be deemed to have obtained consent from your parent(s) or legal guardian(s) and they will be deemed to have accepted responsibility for: (i) your actions; (ii) any charges associated with your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or the purchase of any Services, Materials or Products, or any part thereof; and (iii) your acceptance and compliance with these Terms of Use & Access.

If you are a representative of any entity: you must be of legal age and have legal capacity and authority to enter into and form contracts under any applicable law and obtain consent and approval of such entity, their acceptance of these Terms of Use & Access and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or the purchase of any Services, Materials or Products, or any part thereof; and (iii) your acceptance and compliance with these Terms of Use & Access. If you are not of legal age or do not have legal capacity and authority to enter into and form contracts under any applicable law or do not have consent and approval from such entity, you must stop accessing or using our Platform, the Services, the Materials or the Products, or any part thereof. However if you continue to access or use our Platform, the Services, the Materials or the Products, or any part thereof, you will be deemed to be of legal age and to have legal capacity and authority as a representative of such entity to enter into and form contracts under any applicable law and deemed to have obtained consent and approval of such entity and they will be deemed to have accepted responsibility for: (i) your actions; (ii) any charges associated with your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or the purchase of any Services, Materials or Products, or any part thereof; and (iii) your acceptance and compliance with these Terms of Use & Access.

 

 

 

  1. Definitions & Interpretation

1.1     Definitions: Unless otherwise defined, the definitions as set out in the Definitions section of our Platform and provisions in respect of interpretation set out in the Interpretation section below will apply to these Terms of Use & Access, and unless the context otherwise requires, the definitions as set out in the Definitions section of our Platform shall have the same meaning when used in these Terms of Use & Access.

1.2     Interpretation: Any reference in these Terms of Use & Access to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms of Use & Access, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of “months” means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use & Access. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use & Access, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of KLRegistry and the provision which is more favourable to KLRegistry shall prevail. The singular shall include the plural and vice versa; and references to one gender include all genders.

  1. General Access or Use

2.1     Guidelines to access to or use of Platform, Services, Materials or Products: You agree to comply with these Terms of Use & Access and any and all the guidelines, notices, operating rules and policies and instructions pertaining to the access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these Terms of Use & Access and any guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.2     Restricted activities: You agree and undertake NOT to:

(a)      impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;

(b)      access or use our Platform, the Services, the Materials or the Products, or any part thereof, for illegal purposes;

(c)      attempt to gain unauthorized access to or use of, or otherwise interfere or disrupt other computer systems or networks connected to our Platform, the Services, the Materials or the Products, or any part thereof;

(d)      post, promote or transmit through our Platform, the Services, the Materials or the Products, or any part thereof, any Prohibited Materials;

(e)      interfere with another’s access to or use or utilisation and enjoyment of our Platform, the Services, the Materials or the Products, or any part thereof;

(f)      use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the data of our Platform, the Services, the Materials or the Products, or any part thereof, or damage or interfere with the operation of another User’s computer or mobile device or our Platform, the Services, the Materials or the Products, or any part thereof; and

(g)      access or use our Platform, the Services, the Materials or the Products, or any part thereof, other than in conformance with the acceptable access or use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

2.3     Availability of Platform, Services, Materials or Products: We may, at any time and from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, our Platform, the Services, the Materials or the Products, or any part thereof, and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing or using our Platform, the Services, the Materials or the Products, or any part thereof, and we shall also not be liable for any for any direct, indirect or consequential loss or damage whatsoever incurred or suffered by you or any other person in connection with such upgrade, modification, suspension or removal. In addition, we will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that our Platform, the Services, the Materials or the Products, or any part thereof, will be continuously available on-line. We therefore provide our Platform, the Services, the Materials or the Products on an "as is" and "as available" basis and shall not be liable if any such disruption that prevents you from accessing or using our Platform, the Services, the Materials or the Products, or any part thereof.

2.4     Right, but not obligation, to monitor content or Submissions:

(a)     We reserve the right, but shall not be obliged to:

(i)         monitor, screen or otherwise control any activity, content or material or Submissions on our Platform, the Services, the Materials or the Products, or any part thereof. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action we deem appropriate;

(ii)        prevent or restrict access to or use by any User of our Platform, the Services, the Materials or the Products, or any part thereof;

(iii)       report any activity or Submissions we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(iv)       request any information and data from you in connection with your access or use of our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions, at any time and exercise our right under this Clause 2.4 if you refuse to divulge such information and/or data, or if you provide or if we have reasonable grounds to suspect that you have provided, inaccurate, misleading or fraudulent information and/or data and/or Submissions.

(b)     Certain parts of our Platform, the Services, the Materials or the Products may require registration and creation of an account with us and payment of the applicable fees and charges. If you breach any of these Terms of Use & Access and/or any other terms and conditions applicable to our Platform, the Services, the Materials or the Products, or any part thereof, we reserve the right to prevent or restrict your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof unless payment of a re-joining fee is made to us and you comply with such additional terms and conditions (if any) as may be imposed by us at any time and from time to time.

2.5     Privacy Policy: Your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, is also subject to our Privacy Policy. Kindly read our Privacy Policy carefully. You agree with our Privacy Policy, as well as any amendments to the aforementioned, issued by us, at any time and from time to time. We reserve the right to revise our Privacy Policy at any time and from time to time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.6     Terms & Conditions of Sale: Purchases of any Services, Materials or Products, or any part thereof, is also subject to our Terms & Conditions of Sale in addition to the specific terms and conditions that may apply to the specific Services, Materials or Products, or any part thereof. Kindly read our Terms & Conditions of Sale carefully. You agree to comply with our Terms & Conditions of Sale and any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of any Services, Materials or Products, or any part thereof, as well as any amendments to the aforementioned, issued by us, at any time and from time to time. We reserve the right to revise our Terms & Conditions of Sale and any guidelines, notices, operating rules and policies and instructions at any time and from time to time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.7     Dealer Terms & Conditions: If you are a Dealer, you are also subject to our Dealer Terms & Conditions in addition to the specific terms and conditions that may apply to the specific Dealer. Kindly read our Dealer Terms & Conditions carefully. You agree to comply with our Dealer Terms & Conditions and any and all the guidelines, notices, operating rules and policies and instructions pertaining to Dealers, as well as any amendments to the aforementioned, issued by us, at any time and from time to time. We reserve the right to revise our Dealer Terms & Conditions and any guidelines, notices, operating rules and policies and instructions at any time and from time to time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.8     Voucher Terms & Conditions and Dealer Discount Voucher Terms & Conditions: Purchases or use of any Vouchers or Dealer Discount Vouchers (as applicable), including where such vouchers are offered for no consideration is also subject to our Voucher Terms & Conditions or our Dealer Discount Voucher Terms & Conditions (as applicable) in addition to the specific terms and conditions that may apply to the specific Vouchers or Dealer Discount Vouchers (as applicable), or any part thereof. Kindly read our Voucher Terms & Conditions or our Dealer Discount Voucher Terms Conditions (as applicable) carefully. You agree to comply with our Voucher Terms & Conditions or our Dealer Discount Voucher Terms & Conditions (as applicable) and any and all the guidelines, notices, operating rules and policies and instructions pertaining to your purchase or use of any Vouchers or Dealer Discount Vouchers (as applicable), as well as any amendments to the aforementioned, issued by us, at any time and from time to time. We reserve the right to revise our Voucher Terms & Conditions or our Dealer Discount Voucher Terms & Conditions (as applicable) and any guidelines, notices, operating rules and policies and instructions at any time and from time to time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.9     Events Terms & Conditions: Booking of or participation in any Events is also subject to our Events Terms & Conditions in addition to the specific terms and conditions that may apply to the specific Event, or any part thereof. Kindly read our Events Terms & Conditions carefully. You agree to comply with our Events Terms & Conditions and any and all the guidelines, notices, operating rules and policies and instructions pertaining to the booking of or participation in any Event, as well as any amendments to the aforementioned, issued by us, at any time and from time to time. We reserve the right to revise our Events Terms & Conditions and any guidelines, notices, operating rules and policies and instructions at any time and from time to time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.10   Ticketing Terms & Conditions: Purchases or use of any Tickets is also subject to our Ticket Terms & Conditions in addition to the specific terms and conditions that may apply to the specific Tickets, or any part thereof. Kindly read our Ticketing Terms & Conditions carefully. You agree to comply with our Ticketing Terms & Conditions and any and all the guidelines, notices, operating rules and policies and instructions pertaining to the commercial transactions for Tickets, as well as any amendments to the aforementioned, issued by us, at any time and from time to time. We reserve the right to revise our Ticketing Terms & Conditions and any guidelines, notices, operating rules and policies and instructions at any time and from time to time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.11   Hospitality Terms & Conditions: Supply of Hospitality will also be subject to our Hospitality Terms & Conditions in addition to the specific terms and conditions that may apply to the specific Hospitality, or any part thereof. Kindly read our Hospitality Terms & Conditions carefully. You agree to comply with our Hospitality Terms & Conditions and any and all the guidelines, notices, operating rules and policies and instructions pertaining to the supply of Hospitality, as well as any amendments to the aforementioned, issued by us, at any time and from time to time. We reserve the right to revise our Hospitality Terms & Conditions and any guidelines, notices, operating rules and policies and instructions at any time and from time to time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.12   Additional terms: In addition to these Terms of Use & Access, the access or use of specific aspects of the Services, Materials or Products, or any part thereof, more comprehensive or updated versions of the Services, Materials or Products, or any part thereof offered by us or our sub-contractors or any Dealers, may be subject to additional terms and conditions, which will apply in full force and effect.

  1. Access to or Use of our Platform, Services, Materials or Products

3.1     Application of this Clause: In addition to all other terms and conditions of these Terms of Use & Access, the provisions in this Clause 3 are the additional specific terms and conditions governing your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof.

3.2     Restrictions:

(a)     Access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, is limited to authorised Users, that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Access to and use of password protected and/or secure areas of our Platform, the Services, the Materials or the Products, or any part thereof, is limited to authorised Users with accounts only, that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Users who have breached or are in breach of the terms and conditions contained herein or any other specific terms and conditions, guidelines, notices, operating rules and policies or instructions applicable to such User or Users who have been permanently or temporarily suspended or terminated from access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, may not access or use our Platform, the Services, the Materials or the Products, or any part thereof, even if such Users satisfy the requirements of this Clause 3.2.

(b)     In addition, we further reserve the right, at our sole and absolute discretion, without any liability whatsoever to block the entry or cancel the participation of any Users or persons who we deemed are detrimental and/or counterproductive and/or destructive to the operations, reputation and goodwill of our Platform, the Services, the Materials or the Products, or any part thereof, including but not limited to permanently or temporarily suspend or terminate such Users or persons from accessing or using our Platform, the Services, the Materials or the Products, or any part thereof.

3.3     General terms of access and use:

(a)     You agree:

(i)         to access or use our Platform, the Services, the Materials or the Products, or any part thereof, only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to our Platform, the Services, the Materials or the Products, or any part thereof, in good faith; and

(ii)        to ensure that any information or data you post or cause to appear on our Platform, the Services, the Materials or the Products, or any part thereof or in connection with our Platform, the Services, the Materials or the Products, or any part thereof, is accurate and agree to take sole responsibility for such information and data.

(b)     By accessing or using our Platform, the Services, the Materials or the Products, or any part thereof, or accessing or using our Platform to search for Services, Materials or Products, or any part thereof, you agree that you will only access, use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes (in the case of Users generally) and authorised commercial purposes (in the case of certain Users with accounts only). You must only use the contact details provided by us or by any Dealers, advertisers or other third parties to contact them in connection with a genuine enquiry or authorised transaction relating to the access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or the purchase or supply of any Services, Materials or Products, or any part thereof.

3.4     Platform, Services, Materials or Products description, specifications, search results, rating scores and reviews:

(a)     While we endeavour to provide an accurate description, specifications, search results, rating scores and/or reviews of our Platform, the Services, the Materials or the Products, or any part thereof or accurate information contained in our Platform, the Services, the Materials or the Products, or any part thereof, we do not warrant that such description, specifications, search results, rating scores and/or reviews and/or information are accurate, current or free from error. In addition, neither us nor any other member of the KLRegistry Group give any warranties, conditions, guarantees or representations (express or implied) as to the completeness or accuracy of our Platform, the Services, the Materials or the Products, or any part thereof or any description, specifications, search results, rating scores and/or reviews of our Platform, the Services, the Materials or the Products, or any part thereof or any information contained in our Platform, the Services, the Materials or the Products, or any part thereof. We and every member of the KLRegistry Group exclude all liability for any direct, indirect or consequential Losses or damages whatsoever or howsoever caused to (regardless of the form of action) or incurred by any User in connection with our Platform, the Services, the Materials or the Products, or any part thereof or any information contained in our Platform, the Services, the Materials or the Products, or any part thereof or any description, specifications, search results, rating scores and/or reviews of our Platform, the Services, the Materials or the Products, or any part thereof or any information contained in our Platform, the Services, the Materials or the Products, or any part thereof or arising directly or indirectly in connection with our Platform, the Services, the Materials or the Products, or any part thereof or any description, specifications, search results, rating scores and/or reviews of our Platform, the Services, the Materials or the Products, or any part thereof or any information contained in our Platform, the Services, the Materials or the Products, or any part thereof.

(b)    Materials and information contained in our Platform, the Services, the Materials or the Products, or any part thereof, and any description, specifications, search results, rating scores or reviews of our Platform, the Services, the Materials or the Products, or any part thereof, may contain technical inaccuracies and typographical and other errors. The materials and information contained in our Platform, the Services, the Materials or the Products, or any part thereof, or any description, specifications, search results, rating scores or reviews of our Platform, the Services, the Materials or the Products, or any part thereof, may be updated at any time and from time to time and may at times be out of date. We do not accept responsibility for keeping the materials and information contained in our Platform, the Services, the Materials or the Products, or any part thereof, or any description, specifications, search results, rating scores or reviews of our Platform, the Services, the Materials or the Products, or any part thereof, up to date or liability for any failure to do so.

(c)     The materials and information contained in our Platform, the Services, the Materials or the Products, or any part thereof, and any description, specifications, search results, rating scores or reviews of our Platform, the Services, the Materials or the Products, or any part thereof, are only for information purposes. They do not constitute advice and you should not rely on any materials or information contained in our Platform, the Services, the Materials or the Products, or any part thereof or any description, specifications, search results, rating scores or reviews of our Platform, the Services, the Materials or the Products, or any part thereof, to make (or refrain from making) any decision or take (or refrain from taking) any action.

(d)     Our Platform, the Services, the Materials or the Products, or any part thereof, also contains material and information submitted and created by any Dealers, advertisers or other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material and information.

(e)     Neither us nor any other member of the KLRegistry Group give any warranties, conditions, guarantees or representations (express or implied) as to the completeness or accuracy of our Platform, the Services, the Materials or the Products, or any part thereof, or of any description, specifications, search results, rating scores and/or reviews of our Platform, the Services, the Materials or the Products, or any part thereof, or any information contained in our Platform, the Services, the Materials or the Products, or any part thereof, or any other service, material or product description or specification or search results or rating score or review on our Platform, the Services, the Materials or the Products, or any part thereof. To the extent permitted by law, we and the KLRegistry Group exclude any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with any service, material or product or any information or any description or specification or search results or rating score or review.

3.5     Prices of Services, Materials or Products: All Listing Prices are subject to goods and services taxes and any other applicable taxes, overseas transaction fees and international processing fees, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.

3.6     Third Party Vendors (including Dealers): You acknowledge that parties other than any member of the KLRegistry Group i.e. Third Party Vendors, including any Dealers, may list and sell any Services, Materials or Products, or any part thereof, on our Platform. Whether any particular Services, Materials or Products, or any part thereof, is listed for sale on our Platform by any member of the KLRegistry Group or a Third Party Vendor, including any Dealer, may be stated on the webpage listing those Services, Materials or Products, or any part thereof. For the avoidance of doubt, each agreement entered into for the sale of any Services, Materials or Products, or any part thereof, by any Third Party Vendor, including any Dealer, to a User shall be an agreement entered into directly and only between such Third Party Vendor and the User.

  1. Account holders

4.1     User Account/ Username/ Password:

(a)     Certain parts of our Platform and certain Services, Materials or Products, or any part thereof, that may be made available on our Platform, may require registration and creation of an account with us or for you to provide Personal Data. If you request to register and create an account with us, a User Account and a Username and Password may either be: (i) determined and created for or issued to you by us; or (ii) created or provided by you and accepted by us in our sole and absolute discretion in connection with the access or use of our Platform, the Services, the Materials or the Products, or any part thereof. We may at any time in our sole and absolute discretion, request that you update your Personal Data or immediately invalidate the User Account and Username and Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by or to you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your User Account or Username or Password from time to time and to keep the User Account, Username and Password confidential and shall be responsible for the security of your User Account and Username and Password and be liable for any disclosure or use (whether such use is authorised or not) of your User Account or Username or Password. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of your User Account or Username or Password has been compromised or if there has been any unauthorised use of your User Account or Username or Password or if your Personal Data requires updating.

(b)     You hereby agree that the information supplied with your registration and creation of an account with us will be truthful, accurate and complete. You also hereby agree that you will not attempt to register and create an account in the name of any other individual or entity nor will you adopt any User Account or a Username or Password which we deem to be offensive or inappropriate at our sole and absolute discretion.

4.2     Purported access/ use:

(a)     You agree and acknowledge that any access or use of our Platform, the Services, the Materials or the Products, or any part thereof, and/or any purchase or sale of any Services, Materials or Products, or any part thereof, and any information, data or communications referable to your User Account or Username or Password shall be deemed to be, as the case may be:

(i)         access to and use of our Platform, the Services, the Materials or the Products, or any part thereof, and/or purchase or sale of the Services, the Materials or the Products, or any part thereof, by you; or

(ii)        information, data or communications posted, transmitted and validly issued by you.

(b)     You agree to be bound by any access to or use of our Platform, the Services, the Materials or the Products, or any part thereof (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any access to or use of our Platform, the Services, the Materials or the Products, or any part thereof referable to your User Account or Username or Password.

  1. Intellectual property

5.1     Ownership:

(a)     The Intellectual Property in and to our Platform, the Services, the Materials or the Products, or any part thereof, are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce the Intellectual Property to the fullest extent of the law.

(b)     All rights, including copyright, in the content of our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions, and in the photographs in our Platform or in the Services, the Materials or the Products, or any part thereof, or any Submissions or displayed on our Platform or in the Services, the Materials or the Products, or any part thereof, or any Submissions, and all database rights in our database in our Platform or in the Services, the Materials or the Products, or any part thereof or the Submissions, are owned or controlled for these purposes by us or the KLRegistry Group.

(c)     Any access to or use of our Platform, the Services, the Materials or the Products, or any part thereof or any purchase or subscription in respect of our Platform, the Services, the Materials or the Products, or any part thereof, or any sale of any Services, Materials or the Products, or any part thereof, on our Platform, does not grant you:

(i)              any rights whatsoever including any ownership rights to our Platform or any part thereof;

(ii)             any rights whatsoever including any ownership rights to any Services, Materials or Products, or any part thereof, or any Submissions (unless otherwise expressly stated);

(iii)            any rights whatsoever to any copies of our Platform or any rights whatsoever to any copies of any Services, Materials or Products, or any part thereof, purchased or subscribed, or any Submissions; or

(iv)            any rights to any Intellectual Property in and to our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions (we or the relevant Intellectual Property owners retain all Intellectual Property in and to our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions).

5.2     Restricted use:

(a)     No part or parts of our Platform, the Services, the Materials or the Products, or any part thereof, may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use any Materials or Products, or any part thereof, for personal and non-commercial uses, provided that you do not modify such Materials or Products and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in our Platform, the Services, the Materials or the Products, or any part thereof.

(b)    In addition, unless, by exemption permitted within these Terms of Use & Access, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions. In particular, you must not cache any of the contents or Submissions for access by third parties, nor mirror or frame any of the content of our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions, nor incorporate it into another website or web portal or mobile versions of another website or web portal without our express written permission.

5.3     Trademarks: The Trademarks are registered and unregistered trademarks of KLRegistry Group or third parties. Nothing on or in our Platform, the Services, the Materials or the Products, or any part thereof and in these Terms of Use & Access shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website or web portal or mobile versions of any other website or web portal) any Trademarks displayed on or in our Platform, the Services, the Materials or the Products, or any part thereof, without our written permission or any other applicable trademark owner.

  1. Our limitation of responsibility and liability

6.1     No representations or warranties: Our Platform, the Services, the Materials and the Products, are provided on an “as is” and “as available” basis. All data and/or information contained in our Platform, the Services, the Materials or the Products, or any part thereof, are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with our Platform, the Services, the Materials or the Products, or any part thereof. Without prejudice to the generality of the foregoing, we do not warrant:

(a)     the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information and/or advice contained in our Platform, the Services, the Materials or the Products, or any part thereof;

(b)     the content of the advertisements or database in or for our Platform, the Services, the Materials or the Products, or any part thereof, or of any Submissions, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any content or database in or for our Platform, the Services, the Materials or the Products, or any part thereof, or in any Submissions, or of our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions;

(c)     the results of any search of the content or database or Submissions in or for our Platform, the Services, the Materials or the Products, or any part thereof, or the circumstances where there may be a limited number of results or no results at all of any search or where the results do not meet the searcher's requirements;

(d)      that our Platform, the Services, the Materials or the Products, or any part thereof, will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;

(e)      that our Platform, the Services, the Materials or the Products, or any part thereof, or any other website or webpage or web portal or web portal page or mobile versions of any other website or webpage or web portal or web portal page linked to our Platform, the Services, the Materials or the Products, or any part thereof, are free from any computer virus or other malicious, impairing, destructive or corrupting code, agent, program or macros (and it is your responsibility to ensure that you use appropriate computer virus or other malicious, impairing, destructive or corrupting code, agent, program or macros checking software) and KLRegistry does not and cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software (collectively, “your equipment”) will not be damaged, corrupted, lost or otherwise affected if you access or use our Platform or any content and KLRegistry recommends that you take all steps necessary to protect your equipment when using our Platform or any content.

(f)      the security of any information transmitted by you or to you through our Platform, the Services, the Materials or the Products, or any part thereof, or any other website or webpage or web portal or web portal page or mobile versions of any other website or webpage or web portal or web portal page linked to our Platform, the Services, the Materials or the Products, or any part thereof, and you accept the risk that any information transmitted or received through our Platform, the Services, the Materials or the Products, or any part thereof, or any other website or webpage or web portal or web portal page or mobile versions of any other website or webpage or web portal or web portal page linked to our Platform, the Services, the Materials or the Products, or any part thereof, may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

6.2     Exclusion of liability:

(a)     KLRegistry Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(i)         any access to, use of and/or the inability to access or use our Platform, the Services, the Materials or the Products, or any part thereof;

(ii)        any modifications, changes, removal or discontinuation of our Platform, the Services, the Materials or the Products, or any part thereof, or any modifications, changes, removal or discontinuation of any Services, Materials or Products, or any part thereof, or any features or services in part or in whole therein that you may be using;

(iii)       any reliance on any data or information made available through our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions. You should not act on such data or information without first independently verifying its contents;

(iv)       any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(v)        any access to or use of any other website or webpage or web portal or web portal page or mobile versions of any other website or webpage or web portal or web portal page linked to our Platform, the Services, the Materials or the Products, or any part thereof, even if we or any member of the KLRegistry Group or all third parties connected to us, may have been advised of, or otherwise might have anticipated, the possibility of the same.

(b)     To the extent permitted by law, we and all members of the KLRegistry Group and all third parties connected to us hereby expressly exclude:

(i)         All conditions, warranties and other terms which might otherwise by implied by statute; and

(ii)        All liability for any direct, indirect or consequential loss or damage incurred by any Users in connection with our Platform, the Services, the Materials or the Products, or any part thereof, or in connection with the access to or use of or inability to access or use, or the results of the access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, any websites or web portal or mobile versions of any websites or web portal linked to our Platform, the Services, the Materials or the Products, or any part thereof, or posted on our Platform, the Services, the Materials or the Products, or any part thereof, including without limitation any liability for:

  1. Loss of income or revenue;
  2. Loss of business;
  3. Loss of profits or contracts;
  4. Loss of anticipated savings;
  5. Loss of data;
  6. Loss of goodwill; and
  7. Wasted management or office time, and

for any other Loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6.3     At your own risk:

(a)     Any risk of misunderstanding, error, damage, expense or Losses resulting from the access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, is entirely at your own risk and we shall not be liable therefor.

(b)     Our Platform, the Services, the Materials or the Products, or any part thereof, also publishes advertisements placed by Dealers, advertisers or other third parties to advertise their services, materials or products. Unless otherwise stated by us, we do not own such services, materials or products advertised for sale on our Platform and have no liability for such services, materials or products or for any Losses that you may incur as a result of using or purchasing any such services, products or materials advertised by Dealers, advertisers or other third parties. If you choose to use or purchase any products and/or services and/or facilities and/or materials advertised for sale by Dealers, advertisers or other third parties on our Platform, the contract will be between you and such Dealers, advertisers or other third parties and not with us.

(c)     We are not liable for failure to perform any of our obligations under these Terms of Use & Access and we exclude all representations and warranties relating to access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, whether they are statutory or otherwise, as far as is possible by law.

(d)     The Services, Materials or Products, or any part thereof, or Submissions, displayed on our Platform is provided without any guarantees, conditions or warranties as to its accuracy. You understand and acknowledge and agree that in accessing or using our Platform or in purchasing or subscribing for any Services, Materials or Products, or any part thereof, or in purchasing or subscribing for any services, materials or products, or any part thereof, of any Dealers, advertisers or other third parties, or in selling any services, materials or products, or any part thereof, on our Platform, or in using any Submissions, you may be exposed to content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any and all members of the KLRegistry Group with respect to any such content.

(e)     KL Registry Group shall not be liable for any direct or indirect, incidental, special, consequential or exemplary losses or damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses or damages, and any other type of losses or damages caused by or resulting from your access to or use of our Platform and/or your purchase or use of any Services, Materials or Products, or any part thereof including but not limited to any losses or damages caused by any breach of a Third Party Vendor’s implied or express warranty on any Services, Materials or Products, or any part thereof.

  1. Links and alerts

7.1     Links to other platforms: For your convenience, we may include links to other websites or web portal or mobile versions of other websites or web portal or content on the Internet that are owned or operated by Dealers, advertisers or other third parties. Such linked websites or web portal or mobile versions of such linked websites or web portal or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of using or accessing, any linked website or web portal or mobile versions of any linked website or web portal. Any links to any other websites or web portal or mobile versions of any other websites or web portal or content are not, and does not imply, an endorsement or verification of such websites or web portal or mobile versions of such websites or web portal or content or the owners of such websites or web portal or mobile versions of such websites or web portal or content, and you agree that your access to or use of such linked websites or web portal or mobile versions of such linked websites or web portal or content is entirely at your own risk.

7.2     Promotions: We may attach banners, java applets and/or such other materials to our Platform, the Services, the Materials or the Products, or any part thereof, or to any services, materials or products, or any part thereof, of any Dealers, advertisers or other third parties, for the purposes of promoting our Platform, the Services, the Materials or the Products, or any part thereof or any services, materials or products, or any part thereof, of any Dealers, advertisers or other third parties. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.

7.3     Hyperlink to our Platform homepage: You may establish a hyperlink to the home page of our Platform, without the need for our written consent, provided there is no implied endorsement or sponsorship of you, your company or your website or web portal or mobile versions of your website or web portal or content, by us.

  1. Your submissions and information

8.1     Submissions by you: You grant us a non-exclusive licence and an unlimited right to use, copy, reproduce, publish, transmit, distribute, display, post, modify, create derivative works from or otherwise use or exploit (collectively “Use”) the materials, information, images, articles, write-ups, reviews, testimonials, ratings, advertisements, biography, interviews, videos, music, songs, listings, items for sale, posters and item descriptions, specifications, terms and conditions, warranties or guarantees that you submit to our Platform or through our Platform or otherwise and/or provide to us including without limitation in respect of or pursuant to any Services, Materials or Products, or any part thereof, or in respect of or pursuant to any services, materials or products, or any part thereof, of any Dealers, advertisers or other third parties, including but not limited to, questions, reviews, comments, feedback, suggestions, ideas, communications and/or other content (collectively, “Submissions”). When you post any Submissions to our Platform or in respect of or pursuant to any Services, Materials or Products, or any part thereof or in respect of any services, materials or products, or any part thereof, of any Dealers, advertisers or other third party, you also grant us the right to Use the name that you submit, your Username and User Account name in connection with such Submissions. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or any Dealers, advertisers, other Users or any third party as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions. KLRegistry Group shall also have the unlimited right to Use any ideas, concepts, know-how or techniques contained in any Submissions you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

8.2     Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information and Submissions provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Malaysia or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

8.3     Disclosure: KLRegistry Group may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.

8.4     Privacy Policy: You acknowledge that you have read and agreed to our Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in our Privacy Policy.

  1. Termination

9.1     Termination by us: In our sole and absolute discretion, we may with immediate effect, upon giving you notice, terminate your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or disable your Username and Password or User Account. We may bar access to our Platform, the Services, the Materials or the Products, or any part thereof, for any reason whatsoever, including a breach of any of these Terms of Use & Access or any other specific terms and conditions, guidelines, notices, operating rules and policies or instructions applicable to you or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein or any other terms and conditions in respect of our Platform, the Services, the Materials or the Products, or any part thereof, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing our Platform, the Services, the Materials or the Products, or any part thereof, or any other services, materials or products or any part thereof, relating to thereto. (there is no refund if we terminate as well)

9.2     Termination by you: You may terminate your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, by ceasing your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, and you agree that there will not be any refund to you for any moneys paid in respect of your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or your purchase of or subscription for any Services, Materials or Products, or any part thereof.

  1. Notices

10.1   Notices from us: All notices or other communications given to you if:

(a)      communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or

(b)      sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

10.2   Notices from you: You may only give notice to us in writing sent via our “Customer/Dealer Service Form” provided in your Dashboard and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed or if we will respond at all.

10.3   Other modes: Notwithstanding Clause 10.1 and Clause 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

  1. General

11.1   Cumulative rights and remedies: Unless otherwise provided under these Terms of Use & Access, the provisions of these Terms of Use & Access and our rights and remedies under these Terms of Use & Access are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use & Access, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use & Access or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

11.2   No waiver: Our failure to enforce these Terms of Use & Access shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use & Access. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use & Access.

11.3   Severability: If at any time any provision of these Terms of Use & Access shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms of Use & Access shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use & Access.

11.4   Rights of third parties: A person or entity who is not a party to these Terms of Use & Access shall have no right under any legislation in any jurisdiction to enforce any term of these Terms of Use & Access, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use & Access.

11.5   Governing law:

(a)     Access to and use of our Platform, the Services, the Materials or the Products, or any part thereof and these Terms of Use & Access shall be governed by and construed in accordance with the laws of Malaysia and you hereby submit to the non-exclusive jurisdiction of the Courts of Malaysia.

(b)     Except as provided for in Clause 11.5(a), any dispute, controversy, or claim arising out of or relating to these Terms of Use & Access, or the breach, termination or invalidity thereof shall be settled through arbitration in Kuala Lumpur in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA Rules") for the time being in force, which rules are deemed to be incorporated by reference in this Clause 11.5(b). The tribunal shall consist of a single arbitrator, to be mutually agreed by the parties to the dispute, controversy, or claim and appointed by the KLRCA. The language of the arbitration shall be English.

11.6   Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.7   Amendments: We may by notice through our Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary these Terms of Use & Access, such variation to take effect on the date we specify through the above means. If you access or use our Platform, the Services, the Materials or the Products, or any part thereof, after such date, you are deemed to have read and accepted such variation. If you do not accept the variation, you must stop accessing or using our Platform, the Services, the Materials or the Products, or any part thereof, and terminate your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof. Our right to vary these Terms of Use & Access in the manner aforesaid may be exercised at our sole and absolute discretion and without the consent of any person or entity.

11.8   Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

11.9   Currency: Money references under these Terms of Use & Access or in respect of our Platform, the Services, the Materials or the Products, or any part thereof, shall be in Malaysian Ringgit, unless otherwise stated.

11.10 Language: In the event that these Terms of Use & Access is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use & Access shall govern and shall take precedence over the Foreign Language Version.

11.11 Entire agreement: These Terms of Use & Access together with our Privacy Policy and the additional specific terms and conditions governing your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, and any other specific terms and conditions, guidelines, notices, operating rules and policies or instructions applicable to you, shall constitute the entire agreement between you and us relating to the subject matter hereof i.e. the access to and use of our Platform, the Services, the Materials or the Products, or any part thereof, and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

11.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to our Platform, the Services, the Materials or the Products, or any part thereof, if any, maintained by us or our service providers relating to or in connection with our Platform, the Services, the Materials or the Products, or any part thereof, shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

11.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract or assign the performance of any of our functions or services in connection with our Platform, the Services, the Materials or the Products, or any part thereof, and reserve the right to use any service providers, subcontractors and/or agents on such terms and conditions as we deem appropriate in our sole and absolute discretion.

11.14 Assignment: You may not assign your rights under these Terms of Use & Access without our prior written consent. We may assign our rights under these Terms of Use & Access to any third party.

11.15 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms of Use & Access, or any part thereof, or for any inaccuracy, unreliability or unsuitability of the contents of our Platform, the Services, the Materials or the Products, or any part thereof, if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

11.16 Invalidity: If any of these Terms of Use & Access shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

  1. Updates and changes

You agree to comply with these Terms of Use & Access and all other applicable terms and conditions on our Platform and any and all the guidelines, notices, operating rules and policies and instructions pertaining to Users, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these Terms of Use & Access and all other applicable terms and conditions on our Platform and any guidelines, notices, operating rules and policies and instructions at any time without notice and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

  1. Specific terms and conditions applicable to any Services, Materials or Products or any part thereof

In the event of a conflict or inconsistency between these Terms of Use & Access and any specific terms and conditions applicable to any Services, Materials or Products, or any part thereof, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of KLRegistry and the provision which is more favourable to KLRegistry shall prevail.

 

Last Updated: 3 November 2017.

TERMS & CONDITIONS OF SALE

_________________________________________________________________________________

TERMS & CONDITIONS OF SALE

(for all Customers including Dealers)

  1. Definitions & Interpretation

1.1     Definitions: Unless otherwise defined, the definitions as set out in the Definitions section of our Platform and provisions in respect of interpretation set out in the Interpretation section below will apply to these terms and conditions of sale (collectively “Terms & Conditions of Sale”), and unless the context otherwise requires, the definitions as set out in the Definitions section of our Platform shall have the same meaning when used in these Terms & Conditions of Sale.

1.2     Interpretation: Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of “months” means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of KLRegistry and the provision which is more favourable to KLRegistry shall prevail. The singular shall include the plural and vice versa; and references to one gender include all genders.

  1. Purchase of Services, Materials or Products

2.1     Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of any Services, Materials or Products, or any part thereof, through our Platform, as well as any amendments to the aforementioned, issued by KLRegistry (whether as part of use of our Platform or in relation to the purchase of any Services, Materials or Products, or any part thereof, through our Platform, on behalf of any Seller), at any time and from time to time. KLRegistry reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.2     Sellers: Services, Materials or Products, or any part thereof, listed on our Platform, are sold by “Sellers”. Any member of the KLRegistry Group may be a “Seller” for selected Services, Materials or Products, or any part thereof. A “Seller” may also refer to a party other than any member of the KLRegistry Group (such party referred to in these Terms & Conditions of Sale as a “Third Party Vendor”, which includes a “Dealer”). Whether a particular Service, Material or Product, or any part thereof, is listed for sale on our Platform by any member of the KLRegistry Group or a Third Party Vendor may be stated on the webpage listing that Service, Material or Product, or any part thereof. Services, Materials or Products, or any part thereof, sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which:

(a)      for Services, Materials or Products, or any part thereof, sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and

(b)      for Services, Materials or Products, or any part thereof, sold by any member of the KLRegistry Group, shall be agreements entered into directly and only between such member of the KLRegistry Group and you.

2.3     Services, Materials or Products description: While a Seller endeavours to provide an accurate description of the Services, Materials or Products, or any part thereof, neither any member of the KLRegistry Group nor any Seller warrants that such description is accurate, current or free from error. In the event that the Services, Materials or Products, or any part thereof, you receive is of a fundamentally different nature from the Services, Materials or Products, or any part thereof, as described on our Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.

2.4     Placing your Order: You may place an Order for the Services, Materials or Products in the Shoppe or Events section of our Platform by completing the Order form on our Platform and submitting such Order on our Platform and paying for such Order on our Platform. A Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order. Your Order is placed when you have checked out and paid for your shopping cart. A Seller uses PayPal as the payment gateway.

2.5     No Cancellation: You are not entitled to cancel your Order and all Orders are irrevocable and unconditional. All Orders will be deemed to be irrevocable and unconditional upon transmission through our Platform and when you have checked out and paid for your shopping cart and the Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which the Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, the Seller is not obliged to give effect to any request to cancel or amend any Order or refund any Order. Upon receipt of full payment for the Order, KLRegistry will notify to the Seller to commence to process the Order.

2.6     Seller’s reservation of rights in respect of Orders: All Orders shall be subject to the Seller’s acceptance in its sole and absolute discretion and each Order accepted by the Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from KLRegistry confirming your Order has been accepted by the Seller, the Seller shall not be party to any legally binding agreements or promises made between the Seller and you for the sale or other dealings with any Services, Materials or Products, or any part thereof, and accordingly the Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, the Seller reserves the right to decline to process or accept any Order received from or through our Platform in its sole and absolute discretion. With regards to certain Services, Materials or Products, or any part thereof, once an Order has been placed, there will be no return, refund or cancellations and accordingly the Seller shall not be liable for any return, refund or cancellations or Losses which may be incurred as a result.

2.7     Termination by Seller in the event of pricing error: A Seller reserves the right to terminate the Customer Contract, in the event that a Service, Material or Product, or any part thereof, has been mispriced on our Platform, in which event KLRegistry shall, on behalf of the Seller, notify you of such cancellation by giving 3 days’ notice. The Seller shall have such right to terminate such Customer Contract (i) in the case of physical Products, whether or not such Product, or any part thereof, have been dispatched or are in transit and whether payment has been charged to you; and (ii) in any other case, whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the Seller shall refund the payment charged to you for the Product, and with regards to certain Services, Materials or Products, or any part thereof, once an Order has been placed, there will be no return, refund or cancellations and accordingly the Seller shall not be liable for any return, refund or cancellations or Losses which may be incurred as a result.

2.8     Warranty on Service, Material or Product: The warranties (if any) with respect to a Service, Material or Product, or any part thereof, (“Seller Warranty”) sold under a Customer Contract shall be as stated by the Seller via our Platform, under the description and terms and conditions for the relevant Service, Material or Product, or any part thereof, and shall be limited by the terms and conditions therein and these Terms & Conditions of Sale (as applicable). The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Seller Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Seller Warranty, the Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Service, Material or Product, or any part thereof, supplied. If no warranties and conditions, remedies for breach of warranty or condition, or other terms are stated in the Seller Warranty, then these Terms & Conditions of Sale will apply.

2.9     Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of the Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either KLRegistry or the Seller. You also acknowledge and agree that to the extent allowed under the laws of Malaysia, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit the Seller to provide the Service, Material or Product, or any part thereof, at lower fees or prices than the Seller otherwise could and you agree that such exclusions on liability are reasonable.

2.10   No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9 and to the extent allowed under any laws:

(a)      no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of any physical Products supplied or that a Service, Material or Product, or any part thereof, 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 the Seller;

(b)      any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against the Seller: (i) in the case of a physical Product, within 7 days from the date of delivery, or from the scheduled delivery of the Product; or (ii) (ii) in any other case, within 7 days from the date payment has been charged to you.

(c)     KLRegistry Group shall not be liable for any Losses including but not limited to any direct or indirect, incidental, special, consequential or exemplary losses or damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses or damages, and any other type of losses or damages caused by any breach of a Third Party Vendor’s implied or express warranty on any Service, Material or Product, or any part thereof or caused by or resulting from your access to or use of our Platform and/or your purchase or use of any Services, Materials or Products, or any part;

(d)      for any physical Product shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the physical Product (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labelling requirements;

(e)     the Seller shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of the Seller’s implied or express warranty on any Service, Material or Product, or any part thereof;

(f)      the Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without the Seller’s prior written approval and the Customer shall indemnify the Seller against all Losses arising out of such claims;

(g)      the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for any Service, Material or Product, or any part thereof, has not been paid in cleared funds by the due date for payment; and

(h)      To the extent allowed under the applicable laws, the Seller shall be under no liability whatsoever in respect of any defect in any physical Products arising after the expiry of the applicable Seller Warranty, if any.

2.11   Intellectual Property:

(a)      Unless the prior written consent of KLRegistry has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Service, Material or Product, or any part thereof.

(b)      Where a Service, Material or Product, or any part thereof (except for a physical Product) are supplied to the Customer by the Seller in connection with the Order, the use and retention of the Service, Material or Product, or any part thereof, are subject to the terms and conditions of licence or use (including but not limited to end-user licences, restrictions or conditions of use) as may be prescribed by the Seller or its licensors and such Service, Material or Product, or any part thereof, must not be used other than strictly in accordance with such terms and conditions.

(c)     The Customer agrees and acknowledges that the Service, Material or Product, or any part thereof (except for a physical Product) shall at all times remain the property of the Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to any Services, Materials or Products, or any part thereof, shall at all times remain the sole and exclusive property of the Seller or its licensors. Unless otherwise expressly provided in the Order or unless the prior written consent of KLRegistry has been obtained, the Customer undertakes to return the Service, Material or Product, or any part thereof (except for a physical Product) and/or any copies thereof upon the request of KLRegistry.

(d)     The Customer agrees not to share the use of any Service, Material or Product, or any part thereof (except for a physical Product) or disclose the Service, Material or Product, or any part thereof (except for a physical Product) to anyone who is not authorised to use it.

(e)     Any purchase or subscription in respect of any Service, Material or Product, or any part thereof (except for a physical Product) does not grant the Customer:

(i)              any rights whatsoever including any ownership rights to our Platform and/or any Service, Material or Product, or any part thereof (except for a physical Product);

(ii)             any ownership rights to any Service, Material or Product, or any part thereof (except for a physical Product) (unless otherwise expressly stated);

(iii)            any rights whatsoever to any copies of any the Service, Material or Product, or any part thereof (except for a physical Product) purchased; or

(iv)            any rights to any Intellectual Property in and to our Platform and/or any Service, Material or Product, or any part thereof (we or the relevant Intellectual Property owners retain all Intellectual Property in and to our Platform and/or any Service, Material or Product, or any part thereof).

  1. Delivery of physical Products

3.1     Address: Delivery of physical Products shall be made to the address you specify in your Order either by the Seller or by KLRegistry (or its agents) on behalf of the Seller.

3.2     Shipping & packing charges: If applicable, shipping and packing charges of any physical Products shall be as set out in the Order.

3.3     Tracking: If applicable, the Seller will provide you with a tracking number if it is allocated by the courier company for shipping of any physical Products and you may also receive a dispatched notification via email from the Seller once the physical Product is shipped.

3.4     Delivery timeframe: In the case of a physical Product, you acknowledge that delivery of the physical Product is subject to availability of the physical Product. The Seller will make every reasonable effort to deliver the physical Product to you within the delivery timeframe stated on the relevant page on which the physical Product is listed, but you acknowledge that while stock information on our Platform is updated regularly, it is possible that in some instances the physical Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your physical Product is delayed, the Seller will inform you accordingly via e-mail and your physical Product will be dispatched as soon as it becomes available to the Seller. The time for delivery shall not be of the essence, and the Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.

3.5     Deemed receipt: In the event you do not receive the physical Product by the projected delivery date and provided that you inform KLRegistry within 3 days immediately from such projected delivery date, the Seller will try, to the best of Seller’s ability, to locate and deliver the physical Product. If KLRegistry does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the physical Product subject to your rights under the laws of Malaysia.

3.6     Customer’s failure to take delivery: If the Customer fails to take delivery of the physical Product (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller, the Seller may terminate the Customer Contract.

  1. Prices of Services, Materials or Products

4.1     Listing Price: The price of the Services, Materials or Products, or any part thereof, payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to the Seller through our Platform.

4.2     Taxes: All Listing Prices are subject to goods and services taxes and any other applicable taxes, overseas transaction fees and international processing fees, unless otherwise stated. The Seller reserves the right to amend the Listing Prices at its sole and absolute discretion at any time without giving any reason or prior notice.

  1. Payment Terms

5.1     General:

(a)     You may pay for the Services, Materials or Products, or any part thereof, using any of the payment methods prescribed by KLRegistry at any time and from time to time at its sole and absolute discretion.

(b)     When you place an Order, actual and full payment must be made at the time of your Order.

(c)     All payments shall be made to KLRegistry, either accepting payment in its own right or as the Seller’s agent (where the Seller is a Third Party Vendor). You acknowledge that KLRegistry is entitled to collect payments from you on behalf of Third Party Vendors.

(d)     All payments must be made in Malaysian Ringgit (unless otherwise stated).

(e)     Payment for any subscriptions renewals shall be made only by using PayPal.

(f)      Payment for the Services, Materials or Products, or any part thereof, in the Premium Extras, Online Service, Shoppe and Events sections can be either by PayPal or such other payment as specified by us.

(g)     After a Cart Checkout, an “Order Summary” will be sent to your email. If your payment method is via bank transfer, please send proof of payment to us via the form “Customer/Dealer Services – Bank Transfers” located in your Dashboard.

(h)     An Order Request Confirmation will be emailed to you after your payment is successful and KLRegistry has received cleared funds. A copy of your Order Request Confirmation will be sent to the Seller for the Seller to process the Order. The Customer Contract will be between you and the Seller and an invoice will be provided by the Seller either, during delivery, upon request or by email.

5.2     Additional terms: The payment methods may be subject to additional terms as prescribed by KLRegistry from time to time.

5.3     Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against the Seller or any of its agents (which may include KLRegistry), for any failure, disruption or error in connection with the payment method. KLRegistry reserves the right at its sole and absolute discretion at any time and from time to time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

5.4     Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions or payment is cancelled for any reason whatsoever prior to receipt of cleared funds by the KL Registry or the Seller, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Services, Materials or Products, or any part thereof, until full payment in cleared funds is received.

5.5     Refund of Payment:

(a)     There will be no refunds for any Services, Materials or Products, or any part thereof (except for physical Products). Refunds for a physical Product may only occur due to the inability of the Seller to provide such physical Product upon receipt of notification by KLRegistry from the Seller and KLRegistry will thereafter process the refund in full to you. All refunds (if any) for any physical Products shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery items, where refunds (if any and if permitted by the Seller) will be made via bank transfer into the bank account of the person who made the original payment, provided that complete and accurate bank account details are provided to us.

(b)      We offer no guarantee of any nature for the timeliness of the refunds reaching your account or the account of the person who made the original payment. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.

(c)     All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.

(d)     All refunds are conditional upon our acceptance of a valid return of the physical Product.

(e)      We reserve the right to modify the mechanism of processing refunds at any time without notice.

(f)      We may from time to time issue guidelines regarding the refunds process for physical Products and we reserve the right to revise our refund process guidelines at any time and from time to time and you are deemed to be aware of and bound by any refund process guidelines and any changes (if any) upon their publication on our Platform.

  1. Returns

6.1     Return Policy: There will be no returns for any Services, Materials or Products, or any part thereof (except for physical Products). All returns of any physical Products (if any and if permitted by the Seller) must be done in accordance with the instructions set out in this Clause 6. The Seller is not obliged to agree to any return unless all such instructions are followed to the satisfaction of the Seller and KLRegistry.

6.2     Permitted returns: Subject to Clause 6.1, within 24 hours from the date of receipt of a physical Product, you may return the physical Product when:

(a)     you receive a product that is fundamentally different in nature from the physical Product specified in the Customer Contract;

(b)     you receive a faulty or damaged physical Product;

(c)     you receive a product that is not as advertised on our Platform;

(d)     a wrong item is delivered; or

(e)     you receive a product that has missing parts/items.

6.3     Conditions for Permitted Returns: The conditions for any permitted returns of a physical Product are as follows:

(a)     A permitted return only applies to a physical Product purchased from the Seller.

(b)     All courier charges for a physical Product returned shall be borne by the Customer.

(c)     It is the Customer’s responsibility to send a physical Product back to the Seller or KL Registry at the Customer’s own cost and expense. If a replacement physical Product is provided, the Customer shall also bear all cost and expense including courier charges for the delivery of the replacement physical Product to the Customer.

(d)     All permitted returns of a physical Product are to be sent back to the Seller or KL Registry via trackable courier service.

(e)     All physical Products under any permitted return which are returned after 7 days from the Customer’s receipt of the same will be subject to a 20% restocking fee.

(f)      All physical Products under any permitted return to be return must be accompanied by a duly completed returns form as may be prescribed by the Seller and/or KLRegistry.

(g)     The Seller and KLRegistry are not liable for any labour charges incurred during fitment or removal of the allegedly faulty physical Product.

(h)     The Seller and KLRegistry are not responsible for any physical Products under any permitted return to the Seller or KL Registry which are undelivered to the Seller or KLRegistry. Please retain your courier receipts and delivery slips and tracking number so that you may make a claim with your courier company if the need arises.

(i)      In order for the Seller to consider, process and approve any permitted returns for any physical Products, you must inform us within 24 hours of receipt of such physical Products. If you fail to do so, the Seller or KLRegistry will not be able to consider your claim and will not entertain or be liable to you in respect of any claims. All correspondence should be directed to us via the “Customer/Dealer Services – Shoppe Purchases” form found on your Dashboard.

(j)      For a permitted return of any physical Products to be considered by the Seller, you must obtain a Return Authorization Number (“RAN”) and you will have to contact KLRegistry to obtain a RAN either:

  • By contacting us via “Customer/Dealer Services- Request RAN” form located in your Dashboard; or
  • By calling Customer Services Department at: +603 7880 9111, Lines are open Monday to Friday 9.30am till 6pm except Saturdays, Sundays and Public Holidays.

(k)     Once your permitted return of any physical Products has been considered, processed and approved and a RAN is given, you must download and fill in the Permitted Return Form.

(l)      Any physical Products returned without a valid RAN and Permitted Return Form will be refused.

(m)    All physical Products under any permitted return must be received in re-saleable condition and in complete condition with all original packaging in good condition and be securely wrapped and you must include a copy of your RAN and Permitted Return Form with your physical Products, failing which the Seller and/or KLRegistry will have no obligation to process your return.

(n)     You must clearly mark the outside of the package returning the physical Products with your RAN, and send the same to the following address:

Return Authorisation No. ###

KLRegistry Returns Department

JT9 Technologies Sdn Bhd

113A Block A, Ground Floor, Kelana Busines Center

97 Jalan SS7/2 Kelana Jaya,

47301 Petaling Jaya, Selangor,

Malaysia

 

6.4     Processing of permitted returns: When the Seller and KLRegistry has approved a permitted return of a physical Product and received the returned physical Product and processed the replacement physical Product or given the Customer a refund, the returned physical Product or parts thereof shall become the Seller’s property.

6.5     Risk of damage or loss: Risk of damage to or loss of the returned physical Product shall be borne by the Customer and risk of damage to or loss of any replacement physical Product shall pass to the Customer at the time of delivery, or if the Customer wilfully or wrongfully fails or refuses to take delivery of the replacement physical Product, the time when the Seller (via KLRegistry or KLRegistry’s agents) has tendered delivery of the replacement physical Products.

6.6     Refusal to take possession: In cases where the Customer fails or refuses to take possession of the replacement physical Product without sufficient cause or justification, or returns the physical Products without sufficient cause or justification or without following the procedure, process and conditions, as provided under this Clause 6, KLRegistry will safely keep the item for a period of 7 days from the date KLRegistry receives the physical Product or the replacement physical Product. After the lapse of such period, the physical Product or replacement physical Product is deemed abandoned by Customer, and KLRegistry or Seller may dispose of the physical Product or replacement physical Product with no refund and no liability whatsoever including for any Losses, to the Customer. Notwithstanding the foregoing, KLRegistry or the Seller will use its best efforts to return the physical Product or replacement physical Product to the Customer within the time frame provided.

  1. Questions

If you have any questions, please contact KLRegistry using the “Contact Us” page on our Platform.

  1. Termination

8.1     Cancellation by you: You are not entitled to cancel your Customer Contract and all Customer Contracts are irrevocable and unconditional. All Customer Contracts will be deemed to be irrevocable and unconditional upon transmission through our Platform and when you have checked out and paid for your shopping cart and the Seller shall be entitled (but not obliged) to process such Customer Contract without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in this Clause 8, you may request to cancel or amend the Customer Contract which the Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, the Seller is not obliged to give effect to any request to cancel or amend any Customer Contract or refund any Customer Contract.

8.2     Termination by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, the Seller, or KLRegistry acting on the Seller’s behalf, may stop any physical Products in transit, or suspend further deliveries of any Services, Materials or Products, or any part thereof to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:

(a)     the Service, Material or Product, or any part thereof under the Customer Contract being unavailable for any reason;

(b)     the Customer being in breach of an obligation under the Customer Contract;

(c)     the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;

(d)      the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or

(e)     the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

  1. Risk and property of any physical Products

9.1     Risk of damage to or loss of any physical Products shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the physical Products, the time when the Seller or KLRegistry has tendered delivery of the physical Products.

9.2     Notwithstanding delivery and the passing of risk in the physical Products or any other provision of these Terms & Conditions of Sale the property in any physical Products shall not pass to the Customer until the Seller or KLRegistry has received in cash or cleared funds payment in full of the price of the physical Products agreed to be sold by the Seller or KLRegistry to the Customer for which payment is then due.

9.3     Until such time as the property in the physical Products passes to the Customer, the Customer shall hold the physical Products as the Seller’s or KLRegistry's fiduciary agent and bailee and shall keep the physical Products separate from those of the Customer.

9.4     The Customer agrees with the Seller and KLRegistry that the Customer shall immediately notify the Seller and KLRegistry of any matter from time to time affecting Seller’s or KLRegistry’s title to the physical Products and the Customer shall provide the Seller and KLRegistry with any information relating to the physical Products as the Seller or KLRegistry may require from time to time.

9.5     Until such time as the property in the physical Products passes to the Customer (and provided the physical Products are still in existence and have not been resold) the Seller or KLRegistry shall be entitled at any time to demand the Customer to deliver up the physical Products to the Seller or KLRegistry and in the event of non-compliance the Seller or KLRegistry reserves its right to take legal action against the Customer for the delivery up the physical Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.

9.6     The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of physical Products which remain the property of the Seller or KLRegistry but if the Customer does so, all moneys owing by the Customer to the Seller or KLRegistry shall (without prejudice to any other right or remedy of the Seller and KLRegistry) immediately become due and payable. The Customer further agrees and acknowledges that the Service, Material or Product, or any part thereof (except for a physical Product for which full payment in cleared funds have been received by the Seller) shall at all times remain the property of the Seller or its licensors and that the Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any Services, Materials or Products, or any part thereof, which remain the property of the Seller or KLRegistry but if the Customer does so, the Customer shall indemnify the Seller and KLRegistry and all of its respective officers, employees, directors, agents and contractors against all Losses, damages costs expenses and legal fees incurred by the Seller and KLRegistry in connection with the assertion and enforcement of the Seller’s or KLRegistry's rights.

9.7     If the provisions in this Clause 9 are not effective according to the law of the country in which the physical Products 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 condition, and the Customer shall take all steps necessary to give effect to the same.

9.8     The Customer shall indemnify the Seller and KLRegistry and all of its respective officers, employees, directors, agents and contractors against all Losses, damages costs expenses and legal fees incurred by the Seller and KLRegistry in connection with the assertion and enforcement of the Seller’s or KLRegistry's rights under this Clause 9.

  1. Limitation of liability

10.1   Sole remedies of customer: The remedies set out in Clause 6 are the Customer’s sole and exclusive remedies for non-conformity of or defects in the physical Products.

10.2   Maximum Liability: Notwithstanding any other provision of these Terms & Conditions of Sale, the Seller’s and KLRegistry’s maximum cumulative liability to you or to any other party for all Losses under, arising out of or relating to the sale of any Services, Materials or Products, or any part thereof under each Customer Contract, will not exceed the sums that you have paid to the Seller or KLRegistry under such Customer Contract.

10.3   Exclusion of liability: The Seller and KLRegistry indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other Users of our Platform in connection with the purchase of any Products; (ii) the sale of any Services, Materials or Products, or any part thereof, to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the physical Products or any failure to comply with the Seller’s or KLRegistry’s instructions on the use of any Services, Materials or Products, or any part thereof (whether oral or written).

10.4   No Liability for Event: KLRegistry Group is only acting as a promoter and/or as a ticketing agent for all Dealer’s Events and accordingly, the Dealer shall be fully liable for all fees, charges, fines, penalties, summonses, claims, damages, losses, costs and all other liabilities whatsoever arising or incurred whether directly or indirectly from such Events.

  1. General

11.1   References to KLRegistry: References to “KLRegistry” in these Terms and Conditions of Sale apply both to the KLRegistry Group contracting entity’s actions on its own behalf as a Seller and/or as the operator of our Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.

11.2   Right to subcontract: Third Party Vendors as Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to KLRegistry or any of KLRegistry’s designated service providers, subcontractors and/or agents.

11.3   Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and the Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies the Seller may have in law or in equity, and no exercise by the Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent the Seller’s exercise of any other such right or remedy as at law or in equity.

11.4   Warranties: Except as expressly provided in any Seller Warranty, the Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Services, Materials or Products, or any part thereof, supplied. All warranties and guarantees for certain Products are also provided entirely by Third Party Vendors and/or manufacturers and/or the Sellers and are subject to their terms and conditions. KLRegistry will deal with these parties on your behalf but accepts no liability for any losses, costs, charges, damages or expenses caused by any warranty claim and excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to such Products supplied by Third Party Vendors and/or manufacturers and/or the Sellers.

11.5   No waiver: The Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. The Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.

11.6   Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms & Conditions of Sale shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.

11.7   Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause 11.7 shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.

11.8   Governing law:

These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Malaysia and you hereby submit to the non-exclusive jurisdiction of the Courts of Malaysia.

11.9   Dispute resolution: Except as provided for in Clause 11.8, any dispute, controversy, or claim arising out of or relating to these Terms & Conditions of Sale, or the breach, termination or invalidity thereof shall be settled through arbitration in Kuala Lumpur in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA Rules") for the time being in force, which rules are deemed to be incorporated by reference in this Clause 11.9.  The tribunal shall consist of a single arbitrator, to be mutually agreed by the parties to the dispute, controversy, or claim and appointed by the KLRCA. The language of the arbitration shall be English.

11.10 Injunctive relief: KLRegistry or the Seller may seek immediate injunctive relief if the Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.11 Amendments: KLRegistry may vary these Terms & Conditions of Sale, such variation to take effect on the date of variation. If you access or use our Platform and/or purchase any Services, Materials or Products, or any part thereof, after such variation, you are deemed to have read and accepted such variation and our current Terms & Conditions of Sale and all their future variations. If you do not accept the variation, you must stop accessing or using our Platform and/or purchasing or using any Services, Materials or Products, or any part thereof, and terminate your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof. Our right to vary these Terms & Conditions of Sale may be exercised at our sole and absolute discretion and without the consent of any person or entity.

11.12 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice, Order Request Confirmation or other document on the part of the Seller or KLRegistry shall be subject to correction without any liability on the part of the Seller or KLRegistry.

11.13 Currency: Money references under these Terms & Conditions of Sale shall be in Malaysian Ringgit (unless otherwise stated).

11.14 Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.

11.15 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and the Seller or KL Registry relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

11.16 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to our Platform, the Services, the Materials or the Products, or any part thereof, if any) maintained by KL Registry or its service providers or the Seller relating to or in connection with our Platform, the Services, the Materials or the Products, or any part thereof, shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between the Seller or KLRegistry and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

11.17 Subcontracting and delegation: KLRegistry reserves the right at its sole and absolute discretion to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right at its sole and absolute discretion to use any service providers, subcontractors and/or agents on such terms as KLRegistry deems appropriate at its sole and absolute discretion.

11.18 Assignment: You may not assign your rights under these Terms & Conditions of Sale without the prior written consent of the Seller and KLRegistry. KLRegistry or the Seller, with the prior written consent of KLRegistry, may assign its rights under these Terms & Conditions of Sale to any third party.

11.19 Force Majeure: Neither KLRegistry nor the Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the contents of our Platform, the Services, the Materials or the Products, or any part thereof, if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond the reasonable control of KLRegistry or the Seller.

  1. Updates and changes

You agree to comply with these Terms & Conditions of Sale and all other applicable terms and conditions on our Platform and any and all the guidelines, notices, operating rules and policies and instructions pertaining to Users, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these Terms & Conditions of Sale and all other applicable terms and conditions on our Platform and any guidelines, notices, operating rules and policies and instructions at any time without notice and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

  1. Specific terms and conditions applicable to any Services, Materials or Products or any part thereof

In the event of a conflict or inconsistency between these Terms & Conditions of Sale and any specific terms and conditions applicable to any Services, Materials or Products, or any part thereof, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of KLRegistry and the provision which is more favourable to KLRegistry shall prevail.

 

Last Updated: 3 November 2017.

DIRECTORY LISTING TERMS & CONDITIONS

_________________________________________________________________________________

DIRECTORY LISTING TERMS & CONDITIONS

(for Advertisers of products and services on our Directory only)

  1. Definitions & Interpretation

 

1.1     Definitions: Unless otherwise defined, the definitions as set out in the Definitions section of our Platform and provisions in respect of interpretation set out in the Interpretation section below will apply to these directory listing terms and conditions (collectively “Directory Listing Terms & Conditions”), and unless the context otherwise requires, the definitions as set out in the Definitions section of our Platform shall have the same meaning when used in these Directory Listing Terms & Conditions.

1.2     Interpretation: Any reference in these Directory Listing Terms & Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Directory Listing Terms & Conditions, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of “months” means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Directory Listing Terms & Conditions. In the event of a conflict or inconsistency between any two or more provisions under these Directory Listing Terms & Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of KLRegistry and the provision which is more favourable to KLRegistry shall prevail. The singular shall include the plural and vice versa; and references to one gender include all genders.

  1. Application of Directory Listing Terms & Conditions

These Directory Listing Terms & Conditions apply to all Advertisers in addition to the Terms of Use & Access in respect of your access to or use of our Platform and the Terms & Conditions of Sale in respect of your purchase of any Services, Materials or Products, or any part thereof, and all other applicable terms and conditions on our Platform.

  1. Advertiser Agreement

(a)     Each order for subscription to an Advertisement Package and/or for Additional Advertisement Product shall be deemed to be an offer by the Advertiser to subscribe to the Advertisement Package and/or purchase Additional Advertisement Product subject to these Directory Listing Terms & Conditions and any other applicable terms and conditions and applicable Advertisement Rules.

(b)     The Advertiser shall ensure that its posts are complete and accurate. If changes are required, the Advertiser should inform KLRegistry as detailed on Advertisement Package Variation.

(c)      KLRegistry shall be entitled to modify these Directory Listing Terms & Conditions from time to time and any modifications shall be effective immediately and display of the modified Directory Listing Terms & Conditions in our Platform shall be deemed to be notice to the Advertiser. The Advertiser agrees to review the Directory Listing Terms & Conditions regularly to ensure they are aware of any modifications.

(d)      These Directory Listing Terms & Conditions and any other applicable terms and conditions and the applicable Advertisement Rules govern the Advertiser Agreement to the exclusion of any other terms and conditions (including any terms the Advertiser seeks to impose) unless expressly stated otherwise in writing by KLRegistry.

  1. Advertisement Product

(a)     In consideration of payment of the Advertisement Charges by the Advertiser in accordance with Clause 7 (Payment), KLRegistry will provide the Advertisement Product included in the relevant Advertisement Package and any Additional Advertisement Product (where relevant) to the Advertiser.

(b)      If after entering the Advertiser Agreement, the Advertiser requests an upgrade of its Advertisement Package and/or requests Additional Advertisement Product, KLRegistry shall confirm details of the requested change via an Advertisement Package Variation. Except as expressly amended by any Advertisement Package Variation the original Advertiser Agreement shall remain in full force and effect.

(c)     Further rules relating to the Advertisement Product are separately set out by KLRegistry in the applicable Advertisement Rules. It is the Advertiser’s responsibility to read these applicable Advertisement Rules.

(d)      KLRegistry will use reasonable endeavours to publish Advertisements within 24 hours, although there may be reasons that delay the publication of the Advertisements (for example, additional checking). Publication of advertisements on Saturdays, Sundays or any public holiday may take longer.

(e)      KLRegistry will use all reasonable endeavours to remedy faults or errors on our Platform. The Advertiser acknowledges and accepts that once a fault or error has been reported to KLRegistry it may take up to 48 hours for KLRegistry to investigate and rectify the problem.

(f)      KLRegistry does not guarantee that an Advertisement will appear on any or a specific number of KLRegistry Partner Websites. KLRegistry may at its sole discretion vary the KLRegistry Partner Websites on which an Advertisement appears from time to time.

  1. Copy, artwork and photographs

(a)     KLRegistry may refuse to publish an Advertisement and/or, edit or require an Advertisement to be amended so as to comply with legal or moral obligations placed on either party; to avoid infringing third party rights, any applicable code of advertising practice and all other codes under the general supervision of any applicable advertising standards authority and/or any relevant regulations or legislation; to respond to any complaints; to correct typographical errors or technical inaccuracies that may appear from time to time; and/or for any other technical and/or quality reasons.

(b)      KLRegistry has the right, at its sole discretion, to remove from our Platform, at any time and for any reason, any Advertisements which contain misleading information and do not comply with the Advertisement Rules as set out in Clause 16 (Advertisement Rules).

(c)     The Advertiser shall be solely responsible for uploading any images (including photographs and video) and for checking the accuracy of any Advertisement for errors and amending copy.

(d)      KLRegistry reserves the right in its sole discretion not to include a photograph or video in an Advertisement. There will be no deduction in the Advertisement Charges if photographs or videos are not included in an Advertisement.  KLRegistry shall not be liable if the quality and/or colour of any photograph published in an Advertisement is not acceptable to the Advertiser.

(e)      KLRegistry may receive Advertiser Materials via such means as specified by KLRegistry from time to time. However, the Advertiser shall submit Advertiser Materials at its own risk and KLRegistry shall not be liable or responsible for non-receipt or corruption of Advertiser Materials sent by the Advertiser and/or arising out of any third-party data feed stock errors.

(f)       Where any Advertiser Material is sent by means other than via our Platform and/or the Dashboard, KLRegistry shall not be liable for:

(i)              the compatibility of third party systems with those of KLRegistry; and/or

(ii)             failure by KLRegistry to upload the Advertiser Material to our Platform and/or Shoppe at the same frequency as would occur if Advertiser Material was supplied by the Advertiser via our Platform and/or its Dashboard.

(g)      The Advertiser is solely responsible for correctly completing all mandatory data fields for each Advertisement and for submitting its Advertiser Material to KLRegistry in the correct format as specified and by any deadlines specified by KLRegistry. KLRegistry has no liability in respect of any Advertisement not appearing on our Platform where the Advertiser has failed to submit its Advertiser Material in accordance with this Clause 5 (Copy, artwork and photographs). The Advertiser is solely responsible for checking the correctness of his own Advertisement.

(h)      The Advertiser is prohibited from supplying any contact details, including but not limited to, any telephone numbers or e-mail addresses, website addresses or URLs in additional data fields. Failure to comply with this rule may, at KLRegistry’s sole discretion, result in the removal of all the Advertiser’s Advertisements.

(i)      The Advertiser shall ensure that all hyperlinks in an Advertisement link directly through to the page on the Advertiser’s website displaying the exact Advertiser’s product and/or service identified in the Advertisement. Failure to provide direct and correct links may, at KLRegistry’s sole discretion, result in the removal of all the Advertiser’s Advertisements.

  1. Advertiser’s obligations and warranties

(a)     The Advertiser warrants that it shall not:

(i)              upload information to our Platform and/or Shoppe and/or its Dashboard on any business except its own and shall not otherwise use our Platform and/or Shoppe and/or any Advertising Product for any business other than its own;

(ii)             access any unauthorised areas of our Platform and/or Shoppe and/or its Dashboard;

(iii)            reverse engineer, decompile, disassemble or modify the whole or any part of any software (nor attempt to do any of the same) used by the Advertiser about our Platform and/or Shoppe and/or its Dashboard. The Advertiser shall not use software to access our Platform and/or Shoppe and/or its Dashboard without permission and/or use software that will corrupt our Platform and/or Shoppe and/or its Dashboard in any way;

(iv)            copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of our Platform, including taking screenshots of our Platform, scraping or caching any of the contents for access by third parties, nor mirror or frame any of the content of our Platform nor incorporate it into another website without KLRegistry’s express written permission;

(v)             upload files to our Platform that contain a virus and/or corrupted data and/or development code or scripts; and

(vi)            be permitted to place more than one Advertisement for any one Advertiser’s product and/or service on our Platform and KLRegistry shall be entitled to remove any Advertisements that duplicate other existing Advertisements on our Platform, at its sole discretion.

(b)      The Advertiser shall keep safe and confidential all passwords, security identification and/or encryption details relating to our Platform and/or Shoppe and/or its Dashboard and will follow all security instructions issued by KLRegistry from time to time. The Advertiser will promptly update their password details and notify KLRegistry if it believes that any password and/or other security information has been disclosed or is otherwise at risk. The Advertiser is responsible for the security of its account and shall notify KLRegistry of any authorised Users and any changes to such Users.

(c)     The Advertiser will treat as confidential all information contained in or concerning our Platform and/or any Advertisement Product and/or its Dashboard. The Advertiser will not disclose such information to any third party, except to the extent that:

(i)              it is required to do so by a court or other competent authority if such notice of disclosure as is possible is given to KLRegistry; or

(ii)             the information is already, or becomes, public knowledge except by way of any breach of confidence.

(d)     No warranty is given by KLRegistry that our Platform are free from computer viruses or any other malicious or impairing computer programs and the Advertiser shall report to KLRegistry any suspected faults to our Platform and/or Shoppe and/or its Dashboard promptly after such suspected faults come to the Advertiser’s attention.

(e)      The Advertiser shall be solely responsible for obtaining, operating and maintaining all necessary computer hardware, software, modems and telecommunications links which it requires to access and use our Platform and/or Shoppe and/or its Dashboard (where relevant).

(f)       The Advertiser agrees that any questions and complaints regarding Advertiser’s product and/or service offered for sale by the Advertiser on our Platform are the exclusive responsibility of the Advertiser.

(g)     The Advertiser warrants that:

(i)              it is a supplier or seller of the Advertiser’s product and/or service identified in the Advertisement or an advertising agency or other representative acting on behalf of a supplier or seller of the Advertiser’s product and/or service identified in the Advertisement for the purposes of the Advertiser Agreement and it has (or the relevant motor dealer it is acting on behalf of has) the right to offer for sale such of the Advertiser’s product and/or service identified in the Advertisement and advertised by it on our Platform;

(ii)             it will only use its Dashboard, any Advertisement Product, our Platform and Shoppe in accordance with these Directory Listing Terms & Conditions and all other applicable terms and conditions and the applicable Advertisement Rules and shall only supply Advertiser Materials which comply in all respects with these Directory Listing Terms & Conditions and all other applicable terms and conditions and the applicable Advertisement Rules;

(iii)            all Advertiser Materials are complete, accurate, legal, non-defamatory, decent, honest and truthful and comply with all applicable code of advertising practice, all other relevant codes under the general supervision of the applicable advertising standards authority and all current relevant legislation and the Advertisement Rules;

(iv)            it shall comply with all current legislation, advertising codes and any other regulatory requirements, including without limitation all applicable consumer rights, consumer protection, advertising, sales and promotion and marketing laws and legislations and codes;

(v)             it contracts with KLRegistry as a principal (notwithstanding that the Advertiser may be acting as an advertising agent or in some other representative capacity) and the Advertiser has the legal right to offer for sale the Advertiser’s product and/or service identified in the Advertisement and advertised by it on our Platform;

(vi)            where the Advertiser is an advertising agency or another representative, that it is authorised to place the Advertisement;

(vii)           the reproduction and/or publication of any Advertisement and its content (including but not limited to any photographs and videos contained in the Advertisement) by KLRegistry and/or the use of the Advertiser’s logo and trade marks on our Platform will not breach any contract; infringe any third party Intellectual Property rights; render KLRegistry liable to any proceedings whatsoever; and/or harm or detriment the reputation of KLRegistry;

(viii)          the Advertisement will not contain any copy photographs or videos by which any living person is or can be identified.

(h)     The Advertiser is solely responsible for ensuring that KLRegistry receives any notice or any other items sent to KLRegistry in connection with the Advertiser Agreement. Receipt by KLRegistry will only be confirmed when KLRegistry sends written confirmation to the Advertiser.

  1. Payment

(a)     Payment of the Advertisement Charges for any Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof, that the Advertiser would like to purchase from us as set out in the Order Summary upon check out by the Advertiser, can be made via PayPal or bank transfer.

(b)     Upon receipt of full payment of the Advertisement Charges in cleared funds via Paypal, the Advertiser will receive an Order Confirmation and the Advertiser can begin using such Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof.

(c)      We shall not be liable for any Losses or to refund any payment in the event of any delay or failure by the Advertiser to access or use any purchased Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof, within its validity period. The Advertiser will be responsible solely for any delay in using any purchased Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof, after an Order Confirmation is sent and no extension of time for any validity period of any purchased Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof, will be given under any circumstances or for any reason whatsoever.

(d)     In the event that supply is limited due to demand, we will adopt a first payment cleared-first served basis for all Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof.

(e)     Cleared payments that did not secure the relating purchase will be refunded.

(f)      There are no refunds for any purchased Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof.

(g)     Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof, purchased are not transferrable, refundable or exchangeable for cash.

(h)     In the event for any reason whatsoever, we are not able to commence execution of any Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof, after full payment has been received by us, we are entitled to provide a full refund to you with no further liability and we shall not be liable for any Losses as a result of our inability to execute such Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof.

(i)      In the event we have commenced the execution of any Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof, after full payment has been received by us and such Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof, are disrupted by any factors or events beyond our control, including but not limited to power outages, data centre failure, any Act of God or other Force Majeure events, etc., there will be no refund whatsoever to you and we have no further liability or obligation to you and we shall not be liable for any Losses as a result of our inability to complete the execution of such Advertisement Package and any Additional Advertisement Product and/or Advertisement Package Variation, or any part thereof.

(j)       The Advertisement Charges are Inclusive of goods and services tax and all other sales taxes which shall be payable by the Advertiser in addition.

(k)     The Advertiser shall pay all sums due to KLRegistry without any set-off, deduction, counterclaim and/or other withholding of monies. The existence of a query on an individual item in an account shall not affect the due date of payment of the remaining balance in an account.

(l)      If the Advertiser fails to make full payment by the due date, then all monies owing by the Advertiser to KLRegistry shall immediately become due and payable. Any discount, which is extended to an Advertiser, is at the sole discretion of the KLRegistry and may be withdrawn by the KLRegistry at any time and for any reason.

(m)    If the Advertiser fails to make full payment by the due date, KLRegistry reserves the right to suspend all Advertisement Product immediately. If payment of all outstanding amounts has not been made within 7 days of the due date, KLRegistry may continue to suspend the Advertisement Product or terminate the Advertiser Agreement immediately without notice.

(n)      If the Advertiser fails to make full payment by the due date on 2 or more occasions in any period and/or is repeatedly cancelled, KLRegistry reserves the right to suspend the Advertisement Product or terminate the Advertiser Agreement immediately without notice and all outstanding monies owing by the Advertiser to KLRegistry shall be paid immediately.

(o)      KLRegistry shall be entitled to take a 6-month pre-payment from the Advertiser as security against future Advertisement Charges payable. Where KLRegistry takes a pre-payment, KLRegistry shall be entitled to retain this for a maximum period of 6 months or, until valid termination of the Advertiser Agreement and payment of all outstanding sums due to KLRegistry (whichever is the earlier). The pre-payment shall not be used to discharge any Advertisement Charges due by the Advertiser in respect of any Advertisement Product unless expressly detailed by KLRegistry in writing. The Advertiser shall be liable to pay all Advertisement Charges to KLRegistry in accordance with Clause 7(a) above. Should the Advertiser opt to cancel the Advertiser Agreement, the Advertiser will be obliged to pay an administration fee (as determined by  KLRegistry) in addition to a further 6-month pre-payment in order to reactivate the Advertisement Product  at a future date.

(p)      When a sum owing has not been received in full by KLRegistry within 7 days from the due date, KLRegistry shall be entitled (without prejudice to any other right or remedy it may have) to:

(i)              charge the Advertiser interest on any unpaid sums (both before and after judgment) at the rate of 10% per annum on daily rest basis; and

(ii)             suspend Advertisement Product and/or any Services, Materials or Products, or any part thereof provided to the Advertiser pursuant to any agreement with KLRegistry (or any part of them) until payment has been received in full (including any interest payable pursuant to Clause 7(q)(i) above).

(q)     If the Advertiser genuinely disputes an invoice, the Advertiser must notify KLRegistry within 7 days of the date of Order Summary. If the Advertiser fails to notify KLRegistry within this time period, payment in full shall be due and KLRegistry shall have the rights and remedies set out in this Clause 7 including Clause 7(p) above.

(r)      If the Advertiser exceeds the stock levels or otherwise exceeds the volume of content agreed in the Advertiser Agreement, KLRegistry shall be entitled to recalculate the Advertisement Charges due by the Advertiser in respect of such Advertiser Agreement and any additional Advertisement Charges shall be payable by the Advertiser immediately.

(s)     KLRegistry will under no circumstances be liable to refund all or any part of the Advertisement Charges (including but not limited to any pre-payment) in the event of the suspension of any Advertisement Product and/or cancellation or termination of the Advertiser Agreement (for any reason).

  1. Advertisement Charges

KLRegistry shall have the right to change the Advertisement Charges at any time and for any reason on not less than 7 days’ written notice to the Advertiser, after which the amended Advertisement Charges shall apply.

  1. Intellectual Property rights

(a)      The Advertiser grants KLRegistry a non-exclusive, irrevocable, perpetual, world-wide and royalty free licence to:-

(i)              use, process, analyse, publish, reproduce and share the Advertiser Data and Advertiser Materials with third parties;

(ii)             create, use and publish any derivatives of the Advertiser Data or the results of any analysis of the Advertiser Data for any purpose, including within other products and to share the same with other customers of KLRegistry and third parties in both aggregated and non-aggregated form.

(b)      The Advertiser acknowledges and agrees that all trademarks, names or logos of KLRegistry (including without limitation the trade mark “KLRegistry”) and all Intellectual Property rights in our Platform (including the content and KLRegistry’s database of Advertiser’s product and/or service offered for sale by the Advertiser on our Platform including motor vehicles) together with all goodwill arising out of or in connection with these, belong to KLRegistry and/or its licensors (as appropriate) and nothing in the Advertiser Agreement confers on the Advertiser any licence or right to use the same except as expressly set out in the Advertiser Agreement.

(c)      The Advertiser acknowledges and agrees that all Intellectual Property rights related to, embodied by or incorporated in any off-site link stock page belong to the KLRegistry and/or its licensors (as appropriate). The KLRegistry grants the Advertiser a personal, non-exclusive, revocable licence to use such off-site link stock page subject to the payment of the relevant Advertisement Charges.

(d)     The Advertiser warrants that it has all necessary rights, licences and consents for KLRegistry to publish and/or use the Advertiser Materials in accordance with this Advertiser Agreement.

(e)      KLRegistry has no liability or responsibility of any kind for the accuracy or content of any information or any other aspect of any third party website (including but not limited to KLRegistry Partner Websites) and the inclusion of hypertext links to such websites does not imply any endorsement of the material contained on such websites or of the owners.

(f)       Hypertext links to the KLRegistry Website on non-consumer facing sites only may be made with KLRegistry’s prior written consent, provided there is no express or implied endorsement or sponsorship of the Advertiser, its commercial entity or any other website by KLRegistry. KLRegistry may at any time and for any reason require the Advertiser to remove any hypertext links to our Platform from any website controlled by the Advertiser.

(g)      KLRegistry is permitted to reproduce and publish (or to permit the same) all or any part of any Advertisements or any analysis derived from those Advertisements (including without limitation the reproduction and publication of copy, artwork, videos and photographs and other materials) and to include and/or share them on our Platform and KLRegistry Partner Websites and within other Services, Materials or Products, or any part thereof, of KLRegistry and with other third party partners.

(h)      The Advertiser agrees that it will give all necessary assistance to KLRegistry and complete all acts as may reasonably be required by KLRegistry to enable KLRegistry to protect and enforce KLRegistry’s Intellectual Property rights and those of KLRegistry’s licensees against third parties.

  1. Protection and credit reference checks

(a)      The Advertiser acknowledges and agrees that in entering the Advertiser Agreement, KLRegistry may collect certain Personal Data relating to the Advertiser and/or employees, consultants and/or contractors engaged by the Advertiser. This Personal Data may be used for a number of purposes including without limitation processing the Advertiser’s Order and providing the Advertisement Product to the Advertiser; carrying out customer and market research; dealing with requests and enquiries; maintaining records; sending the Advertiser information on any Services, Materials or Products, or any part thereof, KLRegistry thinks may be of interest to the Advertiser; fraud prevention purposes including  money laundering ; assisting with police investigations and/or enquiries; and/or complying with statutory and regulatory obligations.

(b)      KLRegistry may disclose any information that it collects to other companies within the KLRegistry Group, to third parties whose products and/or services KLRegistry think may be of interest to the Advertiser, to credit reference agencies, finance companies, fraud prevention agencies, the police and/or any other regulatory authorities.

(c)      The Advertiser acknowledges and agrees that in entering the Advertiser Agreement, KLRegistry may carry out credit reference checks on the Advertiser and/or any individual employed or otherwise engaged by the Advertiser. KLRegistry reserves the right, at its sole discretion, to refuse to provide any Services, Materials or Products, or any part thereof, to the Advertiser, including without limitation any Advertisement Product, if in KLRegistry’s sole opinion any credit reference results are unsatisfactory.

  1. Cancellation and termination

(a)     The Advertiser Agreement shall continue in force unless or until terminated by KLRegistry.

(b)     KLRegistry shall be entitled at its sole discretion to immediately suspend or terminate the Advertiser Agreement or any Advertisement Product  on the giving of notice by telephone, email or by letter to the Advertiser  where:

(i)              the Advertiser breaches the terms of the Advertiser Agreement (and, if the breach is capable of remedy, has not remedied the breach within 7 days of receiving notice requiring the breach to be remedied);

(ii)             the Advertiser commits a material breach of the Advertiser Agreement;

(iii)            the Advertiser persistently breaches any one or more terms of the Advertiser Agreement;

(iv)            the Advertiser is in breach of any other agreement with KLRegistry and/or is in legal proceedings with KLRegistry in respect of any other agreement;

(v)             the Advertiser ceases, or threatens to cease, to carry on its business;

(vi)            the Advertiser is or is deemed to be unable to pay its debts as they fall due or is insolvent, suspends making payments on any debts or announces an intention to do so, is declared bankrupt, convenes a meeting of its creditors or if a proposal shall be made for a voluntary arrangement or for any other composition, scheme or arrangement with (or assignment for the benefit of) its creditors or a receiver, administrator, administrative receiver, trustee or other similar officer is appointed over any of its property or assets or a meeting is convened for the purpose of considering a resolution or other steps are taken for winding up the Advertiser (whether by the presentation of a winding up petition or otherwise or for the making of an administration order (other than for the purposes of solvent amalgamation or reconstruction) or any similar action or steps are taken in any jurisdiction in relation to any of the above;

(vii)           the Advertiser is refused credit by KLRegistry and/or another company within the KLRegistry Group;

(viii)          KLRegistry receives persistent complaints about Advertisements placed by the Advertiser and/or regarding the Advertiser’s business practices;

(ix)            the Advertiser commits a criminal offence (other than a road traffic offence that does not carry a custodial sentence) and/or any offence which involves fraud or dishonesty;

(x)             the Advertiser acts in a way which exposes KLRegistry and/or any Users of our Platform to financial loss and/or legal liabilities and/or in a way which KLRegistry reasonably believes may be detrimental to the reputation and/or business of KLRegistry and/or any other company in the KLRegistry Group;

(xi)            in the reasonable opinion of KLRegistry, the Advertiser and/or its employees have been abusive to KLRegistry’s staff or KLRegistry receives a complaint from a third party regarding the Advertiser’s conduct in the sale of any advertised product and/or service of the Advertiser;

(xii)           the Advertiser has provided false information, opened an account with KLRegistry in another individual’s name or has otherwise acted dishonestly in their dealings with KLRegistry; and/or

(xiii)          the Advertiser or someone associated with the Advertiser has used the Advertisement Product, our Platform and/or its Dashboard and/or any Services, Materials or Products, or any part thereof, illegally or fraudulently.

(g)     KLRegistry may at its sole discretion immediately suspend provision of an Advertisement Product, terminate or downgrade the Advertiser’s Advertisement Package and/or remove any or all Advertisements submitted by the Advertiser from our Platform, where:

(i)              the Advertiser fails to comply or, KLRegistry reasonably suspects the Advertiser is not complying, with the Advertisement Rules or any of the Advertiser’s obligations and warranties; and/or

(ii)             any competent law enforcement or compliance authority instructs, advises or makes a recommendation to KLRegistry to take down any of the Advertiser’s content and/or suspend the delivery of any of the Advertisement Product to the Advertiser.

(h)     Termination of the Advertiser Agreement shall be without prejudice to any rights accrued by KLRegistry prior to termination and the Advertiser shall repay KLRegistry on a full indemnity basis for all costs and expenses (including administration and legal costs on a solicitor-client basis) incurred by KLRegistry if the Advertiser changes address and fails to notify KLRegistry and/or in recovering any sums due to it under the Advertiser Agreement.

  1. Liability and indemnity

(a)     Any Advertisements on our Platform created by or on behalf of KLRegistry, shall be designed materially in accordance with the Advertiser Materials. However, the Advertiser acknowledges and accepts that it is technically impossible to provide our Platform, its Dashboard, the Advertisement Product and/or any Services, Materials or Products, or any part thereof, free of faults, interruptions or errors and that KLRegistry does not undertake to do so.  KLRegistry shall have no responsibility or liability arising out of or about any communications or network defects, delays or failures (whether temporary or otherwise) (a) experienced by the Advertiser or any third party while accessing our Platform and/or its Dashboard and/or the Advertisement Product and/or any Services, Materials or Products, or any part thereof; and/or (b) which impact on any Advertisement Product.

(b)     Where KLRegistry is transferring Advertiser information to any third party about any Advertisement Product, including but not limited to owners of the KLRegistry Partner Websites, the Advertiser acknowledges that it is technically impossible to guarantee continuity of service or corruption-free or error-free transfer of Advertiser information to any third party about any Advertisement Product, including but not limited to owners of the KLRegistry Partner Websites. KLRegistry’s sole liability about this Clause 12 (Liability and indemnity) is to liaise with the relevant third party and to re- transfer the relevant information.

(c)     From time to time, KLRegistry will need to carry out maintenance work on its equipment and systems, and shall use its reasonable endeavours to ensure that, in doing so, reasonable notice is given and minimum disruption to our Platform and/or its Dashboard and/or the Advertisement Product and/or any Services, Materials or Products, or any part thereof is caused. However, the Advertiser acknowledges that KLRegistry cannot guarantee that our Platform and/or its Dashboard and/or the Advertisement Product and/or any Services, Materials or Products, or any part thereof, will be continuously available. For the avoidance of doubts, no credits shall be offered to the Advertiser in respect of interruptions to our Platform and/or its Dashboard and/or the Advertisement Product and/or any Services, Materials or Products, or any part thereof, arising as a result of maintenance work and/or due to any circumstances whatsoever.

(d)     The Advertiser acknowledges that where KLRegistry has transferred or otherwise transfers information to and/or an Advertisement is placed on a third party website (including without limitation a KLRegistry Partner Website) display of any such information and/or Advertisement on the third party website is the responsibility of the relevant third party and KLRegistry has no responsibility for the acts and/or omissions of the third party in question (including but not limited to any failure by the third party to place an Advertisement on its website and/or any disruption to the third party website). The Advertiser shall promptly notify KLRegistry if the agreement between the Advertiser and any such third party is terminated whereupon KLRegistry shall be entitled to cease to transfer information to such third party.

(e)     KLRegistry does not monitor and shall not be responsible for the content of Advertisements. The Advertiser agrees that such matters are its sole responsibility.

(f)      KLRegistry shall not be liable to the Advertiser:

(i)              for any loss or damage suffered by the Advertiser arising out of or about any total or partial failure to publish an Advertisement and/or for removing any Advertiser Materials or Advertiser Data from our Platform and/or its Dashboard;

(ii)             for any loss or damage suffered by the Advertiser arising out of or about a failure by the Advertiser to keep safe and confidential all passwords, security identification and/or encryption details. The obligation to keep details secure includes the requirement that the Advertiser only submits its details to access the KLRegistry log in page that uses Extended Validation SSL;

(iii)            in contract, tort (including without limitation negligence), statutory duty or otherwise arising out of or about the Advertiser Agreement or arising out of or about or in connection with any User’s comments, review, actions, testimonial etc. for:

  1. consequential, indirect or special loss or damage; or
  2. any loss of goodwill or reputation;
  3. loss of contracts, business and/or opportunity;
  4. loss of profits;
  5. loss of revenue or anticipated savings;
  6. business interruptions;
  7. loss of or corruption to data howsoever caused (including caused as a result of e-crime attacks by third parties) and/or
  8. any economic and/or other similar losses;

and in each case such liability is excluded whether it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise; and

(iv)            unless a claim is brought by the Advertiser against KLRegistry within 7 days of the date of the cause, or first in the series of causes of related events, giving rise to the claim.

(g)     The total aggregate liability of KLRegistry in contract, tort (including without limitation negligence), statutory duty or otherwise (unless otherwise excluded), in respect of all claims arising under or in connection with the Advertiser Agreement shall not exceed 50% of the Advertisement Charges paid for the Advertisement Package.

(h)     Any warranties, terms or conditions of any kind whether express or implied, statutory or otherwise, including without limitation, implied terms of satisfactory quality or fitness for purpose, are hereby expressly excluded fully permitted by law.

(i)      The Advertiser shall indemnify and keep KLRegistry fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with any breach of the Advertiser Agreement by the Advertiser, any third party complaints or claims brought against  KLRegistry in respect of any Advertisement and/or  Advertiser Materials and/or Advertisement Product and/or product and/or service of the Advertiser and/or any claim that the use by KLRegistry of any Advertiser Materials infringes any third party Intellectual Property rights or other third party rights and/or any third party claim against KLRegistry relating to the sale or purported of a product and/or service (including any motor vehicle) by the Advertiser including where the Advertiser has failed to fulfil any offer accepted by the Advertiser.

(j)      Without prejudice to the liability of the Advertiser to pay the relevant Advertisement Charges for any Advertiser Agreement in full by the relevant due date, in the event of any error, misprint or omission in an Advertisement, KLRegistry may at its sole discretion, either amend the relevant part of the Advertisement. No amendment, refund or adjustment to the Advertisement Charges will be made where in KLRegistry’s sole opinion the error, misprint or omission does not materially detract from the Advertisement or where it arises because of incorrect or inadequate information provided by the Advertiser.

  1. Force majeure

KLRegistry shall not be liable to the Advertiser and/or be deemed to be in breach of the Advertiser Agreement by reason of any delay in performing and/or any failure to perform its obligations under the Advertiser Agreement if the delay and/or failure is due to any cause beyond KLRegistry’s reasonable control (including but not limited to any act of God, lock out or other industrial action, governmental action or restriction, war, terrorism, cyber-attack, fire, flood, infrastructure failure, power failure, strike or civil commotion, interruptions in electrical or telecommunications services or delays or failures of the internet or other communications systems necessary for the provision of the Advertisement Product) and time for performance of that obligation shall be extended accordingly.

  1. Trade Advertisements

It is the responsibility of any trade Advertiser to make it clear in any Advertisement and on our Platform and on its website, that such Advertiser is not a private seller and is selling products and/or services in the course of a business in compliance all applicable consumer rights, consumer protection, advertising, sales and promotion and marketing laws and legislations and codes.

  1. General

(a)      The Advertiser acknowledges that it has not entered the Advertiser Agreement in reliance upon any representation of any member of the KLRegistry Group and KLRegistry Group shall not be liable in respect of any representation made prior to and not contained in the Advertiser Agreement.

(b)     The Advertiser Agreement is personal to the Advertiser, and the Advertiser may not assign or transfer the Advertiser Agreement without the prior written consent of KLRegistry. KLRegistry reserves the right to assign or subcontract the Advertiser Agreement and any of its rights and obligations under the Advertiser Agreement to a third party.

(c)     Where two or more persons are named on the Advertiser Agreement as the Advertiser, their liability shall be joint and several.

(d)     Except as set out in these Directory Listing Terms & Conditions, no variation of the Advertiser Agreement shall be binding unless agreed in writing and signed by an authorised representative of KLRegistry.

(e)     No failure or delay by KLRegistry to exercise any right or remedy under the Advertiser Agreement shall constitute a waiver of that right or remedy nor shall it prevent or restrict the further exercise of that right or remedy. . No single or partial exercise by KLRegistry of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

(f)      If any provision of the Advertiser Agreement is found by any competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be severed from the remaining provisions in the Advertiser Agreement which shall continue to be valid and enforceable fully permitted by law.

(g)      Nothing in the Advertiser Agreement shall confer any rights or benefits, whether pursuant to any law or otherwise in favour of any person other than the Advertiser and KLRegistry.

(h)     The Advertiser Agreement shall be governed by and construed in accordance with Malaysian law and the parties hereby irrevocably submit to the exclusive jurisdiction of the Malaysian courts.

  1. Advertisement Rules

(a)     All Advertisers must follow these rules when creating its Advertisements or videos:

(i)              Our Services, Materials or Products, allow Advertisers to advertise products and/or services for sale. However, we do not own, buy or sell any of the Advertiser’s product and/or service offered for sale by the Advertisers on our Platform as shown on our Platform and we do not get involved in transactions between buyers and sellers.

(ii)             When an Advertiser places an Advertisement and/or a video on our Platform, the Advertiser accepts and agrees to comply with all our Directory Listing Terms & Conditions and any relevant legislative or regulatory requirements. It is the Advertiser’s sole responsibility to ensure that all Advertisements and videos contain correct information about the product and/or service that the Advertiser is advertising.

(iii)            We encourage buyers or customers to report Advertisements or videos that they believe are misleading; these are reviewed by our team and appropriate action is taken. This may include removal of the Advertisement or video that fails to meet these conditions. PLEASE NOTE: no refunds or credits will be given for Advertisements or videos removed for breaching any terms and conditions and/or any guidelines and/or rules.

(iv)            KLRegistry shall not be liable to the Advertiser in contract, tort (including without limitation negligence), statutory duty or otherwise arising of or about or in connection with any User’s comments, review, actions, testimonial etc.

(v)            All Advertisers to make sure all of its Advertisements or videos do not get removed, must always state the full sale price of the product and/or service, and ensure this is consistent throughout the Advertisement.

(b)     We will remove any Advertisements or videos without any liability whatsoever to any Advertiser:

(i)              If the Advertiser misleads buyers or customers about the product and/or service or price in the Advertisement or video. For example, the Advertiser advertise a non-existent product and/or service or one that has been recently sold or discontinued or no longer provided, to attract buyers or customers.

(ii)             If the Advertiser’s Advertisement or video states inconsistent or incorrect information.

(iii)            If the Advertiser puts an artificially low price in the price field of the Advertisement, but then state a higher price in the Advertisement description.

  1. All products and/or services advertised for sale via our Platform must clearly show the full selling price.
  2. Advertisements incorrectly showing a sale price plus GST, for example RM1,000 + GST or RM1,000 excluding GST etc., will be removed as misleading or have their prices amended to be inclusive of GST at the current rate.

(c)     Getting more information

(i)              Videos need to fully comply with our applicable Advertisement Rules. Where we have identified that the content breaches our guidelines or applicable Advertisement Rules we reserve the right to remove the video and the Advertisement in full. In this event, no refunds or credit will be given.

(d)     The small print

(i)              We may terminate any Advertiser Agreement or contract immediately by giving notice to the Advertiser by telephone, fax, email or letter. We reserve the right, at our sole discretion, to refuse to publish any Advertisement, provide any advertising services, or remove any or all Advertisements from our Platform, where the Advertiser breaches the terms of the Advertiser Agreement.

  1. Updates and changes

You agree to comply with these Directory Listing Terms & Conditions, the Terms of Use & Access, the Terms & Conditions of Sale and all other applicable terms and conditions on our Platform and any and all the guidelines, notices, operating rules and policies and instructions pertaining to Advertisers, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these Directory Listing Terms & Conditions, the Terms of Use & Access, the Terms & Conditions of Sale and all other applicable terms and conditions on our Platform and any guidelines, notices, operating rules and policies and instructions at any time without notice and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

  1. Specific terms and conditions applicable to any Services, Materials or Products or any part thereof

In the event of a conflict or inconsistency between these Directory Listing Terms & Conditions and any Terms of Use & Access, Terms & Conditions of Sale or any other applicable terms and conditions on our Platform, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of KLRegistry and the provision which is more favourable to KLRegistry shall prevail.

 

Last Updated: 3 November 2017.

DEALER DISCOUNT VOUCHER TERMS & CONDITIONS

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DEALER DISCOUNT VOUCHER TERMS & CONDITIONS

(for all Customers excluding Sellers)

  1. Definitions & Interpretation

1.1     Definitions: Unless otherwise defined, the definitions as set out in the Definitions section of our Platform and provisions in respect of interpretation set out in the Interpretation section below will apply to these Dealer discount voucher terms and conditions (collectively “Dealer Discount Voucher Terms & Conditions”), and unless the context otherwise requires, the definitions as set out in the Definitions section of our Platform shall have the same meaning when used in these Dealer Discount Voucher Terms & Conditions.

1.2     Interpretation: Any reference in these Dealer Discount Voucher Terms & Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Dealer Discount Voucher Terms & Conditions, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of “months” means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Dealer Discount Voucher Terms & Conditions. In the event of a conflict or inconsistency between any two or more provisions under these Dealer Discount Voucher Terms & Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of KLRegistry and the provision which is more favourable to KLRegistry shall prevail. The singular shall include the plural and vice versa; and references to one gender include all genders.

  1. Application of Dealer Discount Voucher Terms & Conditions

 

  • These Dealer Discount Voucher Terms & Conditions apply to your use of any Dealer Discount Voucher in addition to any other Dealer Discount Voucher terms and conditions issued by any Dealer, the Terms of Use & Access in respect of your access to or use of our Platform and the Terms & Conditions of Sale in respect of your purchase of any services, materials or products, or any part thereof, and all other applicable terms and conditions on our Platform.

 

  • In the event of any conflict or inconsistency or overlap between these Dealer Discount Voucher Terms & Conditions and any other Dealer Discount Voucher terms and conditions issued by any Dealer, whether such provisions are contained in the same or different documents, such other Dealer Discount Voucher terms and conditions issued by such Dealer shall apply and such conflict or inconsistency shall be resolved in favour of the Dealer and the provision which is more favourable to the Dealer shall prevail.

 

 

  1. Availability, functions, values, use and limitations

 

  • Dealer Discount Vouchers are made available via the KLRegistry Shoppe section of our Platform.

 

  • The functions, values and limitations of each Dealer Discount Voucher is subject to each Dealer’s additional or specific terms and conditions if any.

 

  • Each Dealer Discount Voucher entitles a Customer, subject to terms and conditions, to the purchase of one motor vehicle only as stated in that Dealer Discount Voucher.

 

  • Before purchasing any Dealer Discount Voucher:

(i)              a Customer must ascertain that such Customer has the financial and legal capacity and the intention to purchase the specific motor vehicle as stated in the Dealer Discount Voucher provided by the specific Dealer who is offering the specific motor vehicle and relating Dealer Discount Voucher through the specific Dealer’s shop on our Platform;

(ii)             a Customer must ascertain that the availability of the specific vehicle with the specific Dealer; and

(iii)             a Customer must notify the specific Dealer of such Customer’s intention to use the Dealer Discount Voucher.

  • A Customer who is purchasing a motor vehicle must be the same Customer that purchased the relating Dealer Discount Voucher and such Customer must and hereby warrants that the information on the purchaser of the Dealer Discount Voucher is accurate and true and correct.

 

  • A Customer’s proof of purchase of a Dealer Discount Voucher is via an Order Request Confirmation emailed to such Customer and this Order Request Confirmation must be presented by such Customer and verified by the relevant Dealer prior to any purchase of any motor vehicle.

 

  • Each Dealer Discount Voucher is valid for 30 days from its Order Request Confirmation Date and will be considered null and void thereafter.

 

  • A Dealer Discount Voucher is not transferrable under any grounds or circumstances whatsoever.

 

  • There will be no refund of payments made for any Dealer Discount Vouchers under any grounds or circumstances whatsoever.

 

  • KLRegistry reserves the right to cancel or modify orders, or revoke the use of any Dealer Discount Vouchers without any liability whatsoever to any party, in any of the following circumstances:

(i)              there is a suspicious or fraudulent use of such Dealer Discount Voucher;

(ii)             there is an abuse of such Dealer Discount Voucher, including but not limited to the use of such Dealer Discount Voucher through the use of multiple accounts or multiple checkouts associated with the same Customer or a group of Customers; or

(iii)             such Dealer Discount Voucher is used in bad faith (including but not limited to the resale of such Dealer Discount Voucher or the use of Dealer Discount Vouchers by persons who are not the purchaser of the Dealer Discount Voucher, whether identified either by purchase behaviour or business name or address or otherwise).

  • Unless otherwise stated, a Dealer Discount Voucher is not valid in conjunction with any other tactical promotions or discounts.

 

  • Additional terms and conditions may be specified in relation to specific Dealer Discount Voucher (for example, the duration, discount amount and Products covered), and such additional terms and conditions will govern the purchase or use of such specific Dealer Discount Voucher.

 

  • No return or refund of any Dealer Discount Vouchers will not be allowed unless otherwise stated.

 

  • If a wrong Dealer Discount Voucher has been provided (for example, it contains an incorrect amount, incorrect conditions or requirements, etc.), you must immediately contact our Customer Service for further assistance.

 

  • Any error or misprint of the value of a Dealer Discount Voucher may occur during disbursement of an Order Request Confirmation or the generation of a Dealer Discount Voucher and if this happens, the true value of such Dealer Discount Voucher per the listing on our Platform will apply and this will be verified against the amount a Customer has paid for such Dealer Discount Voucher and the Product code and such other relevant or applicable information relating to the purchase of such Dealer Discount Voucher.

 

  • Dealer Discount Vouchers are not exchangeable for cash or any other products and are not transferable and are personal to the Customers purchasing such Dealer Discount Vouchers.

 

  • KLRegistry reserves the right to cancel any promotions at any time without notice.

 

  • A Dealer Discount Voucher cannot be used for any motor vehicles in the Tradestreem section of our Platform.

 

  • KL Registry Group shall not be liable for any direct or indirect, incidental, special, consequential or exemplary losses or damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses or damages, and any other type of losses or damages caused by or resulting from your access to or use of our Platform and/or your purchase or use of any Services, Materials or Products, or any part thereof including but not limited to any losses or damages caused by any breach of a Third Party Vendor’s implied or express warranty on any Products.

 

  1. Updates and changes

You agree to comply with these Dealer Discount Voucher Terms & Conditions, the Terms of Use & Access, the Terms & Conditions of Sale, the Dealer Terms & Conditions and all other applicable terms and conditions on our Platform and any and all the guidelines, notices, operating rules and policies and instructions pertaining to Dealer Discount Vouchers, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these Dealer Discount Voucher Terms & Conditions, the Terms of Use & Access, the Terms & Conditions of Sale, the Dealer Terms & Conditions and all other applicable terms and conditions on our Platform and any guidelines, notices, operating rules and policies and instructions at any time without notice and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

  1. Specific terms and conditions applicable to any Services, Materials or Products or any part thereof

In the event of a conflict or inconsistency between these Dealer Discount Voucher Terms & Conditions and any Terms of Use & Access, Terms & Conditions of Sale, the Dealer Terms & Conditions or any other applicable terms and conditions on our Platform, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of KLRegistry and the provision which is more favourable to KLRegistry shall prevail.

 

Last Updated: 3 November 2017.

 

EVENT TERMS & CONDITIONS

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EVENT TERMS & CONDITIONS

(for all Customers including Dealers)

  1. Definitions & Interpretation

1.1     Definitions: Unless otherwise defined, the definitions as set out in the Definitions section of our Platform and provisions in respect of interpretation set out in the Interpretation section below will apply to these Event terms and conditions of sale (collectively “Event Terms & Conditions”), and unless the context otherwise requires, the definitions as set out in the Definitions section of our Platform shall have the same meaning when used in these Event Terms & Conditions.

1.2     Interpretation: Any reference in these Event Terms & Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Event Terms & Conditions, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of “months” means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Event Terms & Conditions. In the event of a conflict or inconsistency between any two or more provisions under these Event Terms & Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of KLRegistry and the provision which is more favourable to KLRegistry shall prevail. The singular shall include the plural and vice versa; and references to one gender include all genders.

  1. Application of Event Terms & Conditions

2.1     Prior to any Event that is booked with KLRegistry, the Customer must sign a booking form in which the Customer agrees to these Event Terms & Conditions. A copy of these Events Terms & Conditions can be found below.

The parties referred to in these Event Terms & Conditions shall be as follows:

(a)      the KL Registry Group contracting entity (“Supplier”);

(b)      The acceptor of the Event (“Contracting Party”);

(c)      The receiver of the Event (“Customer”);

(d)     Persons acting as servant or agents for the Supplier (“Servant or Agent”)

In entering into an agreement with the Supplier for the supply of the Event, the Contracting Party and each and every guest of the Contracting Party (“Guest”) agree to be bound by all the conditions, exemptions and provision contained in these Events Terms & Conditions.

  1. Payment Terms

The Contracting Party agrees to pay a booking deposit of 50% of total invoice value at the time of booking and the remaining 50% balance on presentation of an appropriate invoice approximately 8 weeks prior to the Event. For bookings made within 8 weeks of an Event the total event fee will be due on confirmation of the booking.

  1. Confirmation

The Supplier will only accept a booking upon receipt of written confirmation and once this is received a contract will be deemed to have been made. Until the booking deposit is paid and contract signed and returned, the Supplier shall be free to offer the date in question to other parties.

  1. Cancellation

If for any reason the Contracting Party cancels the booking, the booking deposit of 50% of total invoice value will be forfeited. If for any reason the Contracting Party cancels the booking within 2 months prior to the event date, the Contracting Party shall be liable to pay the total price contracted for.

  1. Change of Event Date

Once the booking is confirmed and Event Booking Form signed any change of contracted event date instigated by the Contracting Party up to 30 days prior to the event date, will incur an administration fee of 10% of the total contracted event fee. The contracted event date cannot be changed within 30 days of the event date without the full event fee being incurred.

  1. Reduction in Numbers

Should the Contracting Party reduce the number of Guests, that the Contracting Party has contracted on behalf of, 30 days or more prior to the event date, the Contracting Party shall be liable to pay a cancellation charge of 75% of the full price attributable to each such Guest. If guest numbers reduce within 30 days of the event date the Contracting Party shall be liable to pay 100% of the price attributable to each Guest.

  1. Post Event Extras Invoices

Invoices for extras shall be payable no later than 14 days following the date in which the invoice is dated. All extras will incur a 10% administration charge.

  1. Late Payment

If payment is not made within these Event Terms & Conditions, the Supplier reserves the right to charge interest at the rate of 10% per annum (accrued daily and compounded monthly) for the period from the due date until the date of full payment (after and before judgment) on overdue fees.

  1. Supplier’s Authority

The Contracting Party and each and every Guest agree to abide and comply with any request or order made by or on the Supplier's behalf on all grounds of safety and that the Supplier's opinion is final and will be abided by howsoever expressed. If in the opinion of the Supplier, its Servants or Agents, the Contracting Party or Guest is behaving dangerously or is acting in a manner which would or may, in the opinion of the Supplier, its Servants or Agents, lead to a disruption of the Event or the services at the contracted Event, the Contracting Party or Guest will, at the request or order of the Supplier, it's Servants or Agents leave the Event for the rest of the day contracted for, without the Supplier, its Servants or Agents, encountering any liability.

  1. Copyright

All rights to any images and video taken by or on behalf of the Supplier for the Contracting Party and its Guests are retained by the Supplier. Where a CD of high resolution images or video is included as part of the package, the Supplier gives permission to the Contracting Party to use the images freely, however, ownership of the images remains with the Supplier.

  1. Display Marketing

The Contracting Party hereby gives permission for the Supplier to display any images and video included in the contract in the Supplier marketing material, including case studies, literature, exhibitions, advertising, competitions, magazines and on websites. No use of any of the images will be used for other commercial reasons, except with written permission from the Contracting Party.

  1. Liability for Damage or Loss

The Contracting Party accepts liability to pay in full for any damage or loss to boats, vehicles, waterproof clothing, or other equipment supplied by the Supplier, arising out of an act or omission of the Contracting Party or its Guests. The Contracting Party and each Guest agree to limit any claims against the Supplier to the risks and amounts insured against by the Supplier and agree to observe the terms and conditions thereof. A synopsis of the insurance policy is available to the Contracting Party and its Guests. The Supplier and its Servants or Agents accept no responsibility in respect of any damage whatsoever, to any property of the Contracting Party or its Guests except where such damage is caused by the negligence of the Supplier, its Servants or Agents.

  1. Indemnity

The Contracting Party and each and every Guest agree to save the Supplier, its Servants or Agents, harmless from and to indemnify the Supplier, its Servants or Agents against all actions, claims, costs, expenses and demands in respect of death or injury to the Contracting Party or its Guests, arising out of or in connection with attendance at the contracted Event in circumstances where the Supplier is not at fault.

  1. No liability

The Supplier and its Servants or Agents accept no responsibility for matters outside the Supplier's control causing the contracted Event to be cancelled or altered from the advertised or contracted programme. The Contracting Party agrees that the Supplier may change the Event contracted for without reduction in price in the instance of weather conditions rendering the original Event impractical or dangerous. The Supplier may change the activity or Event or product supplied if necessary but will endeavour to supply a similar activity or event or product. Where possible all changes will be discussed with the Contracting Party prior to the Event date.

  1. Exemptions

It is hereby expressly agreed that each and every Servant or Agent of the Supplier (including every independent contractor employed by the Supplier) shall take the benefit of every exemption and limitation herein contained and every exemption from liability, defence and immunity of whatsoever nature applicable to the Supplier or to which the Supplier is entitled here under shall also be available and shall extend to protect every such Servant or Agent of the Supplier. The Supplier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be its Servants or Agents from time to time (including independent contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract evidenced by the contract with the Contracting Party.

  1. Invalidity

If any of these Event Terms & Conditions is deemed to be void or unenforceable whether in whole or in part, the validity and enforceability of the remainder of these Event Terms & Conditions including any part of such term which is not held to be invalid shall not be prejudiced or affected and shall continue to apply subject to such amendment.

  1. Amendments

Any additions or alterations of these Event Terms & Conditions shall be null and void unless agreed upon in writing by the parties.

  1. Acceptance

By accepting these Event Terms & Conditions, the Contracting Party accepts the booking terms and conditions of all the suppliers and sub-contractors to the Supplier. In so much the Supplier agrees to be bound by all terms relating to security or damage deposits, in relation to yacht charter, equipment hire and accommodation.

Last Updated: 8 June 2017.

 

 

 

 

 

 

  1. Purchase of Services, Materials or Products

2.1     Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of any Services, Materials or Products, or any part thereof, through our Platform, as well as any amendments to the aforementioned, issued by KLRegistry (whether as part of use of our Platform or in relation to the purchase of any Services, Materials or Products, or any part thereof, through our Platform, on behalf of any Seller), at any time and from time to time. KLRegistry reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.2     Sellers: Services, Materials or Products, or any part thereof, listed on our Platform, are sold by “Sellers”. Any member of the KLRegistry Group may be a “Seller” for selected Services, Materials or Products, or any part thereof. A “Seller” may also refer to a party other than any member of the KLRegistry Group (such party referred to in these Terms & Conditions of Sale as a “Third Party Vendor”, which includes a “Dealer”). Whether a particular Service, Material or Product, or any part thereof, is listed for sale on our Platform by any member of the KLRegistry Group or a Third Party Vendor may be stated on the webpage listing that Service, Material or Product, or any part thereof. Services, Materials or Products, or any part thereof, sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which:

(a)      for Services, Materials or Products, or any part thereof, sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and

(b)      for Services, Materials or Products, or any part thereof, sold by any member of the KLRegistry Group, shall be agreements entered into directly and only between such member of the KLRegistry Group and you.

2.3     Services, Materials or Products description: While a Seller endeavours to provide an accurate description of the Services, Materials or Products, or any part thereof, neither any member of the KLRegistry Group nor any Seller warrants that such description is accurate, current or free from error. In the event that the Services, Materials or Products, or any part thereof, you receive is of a fundamentally different nature from the Services, Materials or Products, or any part thereof, as described on our Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.

2.4     Placing your Order: You may place an Order for the Services, Materials or Products in the Shoppe or Events section of our Platform by completing the Order form on our Platform and submitting such Order on our Platform and paying for such Order on our Platform. A Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order. Your Order is placed when you have checked out and paid for your shopping cart. A Seller uses PayPal as the payment gateway.

2.5     No Cancellation: You are not entitled to cancel your Order and all Orders are irrevocable and unconditional. All Orders will be deemed to be irrevocable and unconditional upon transmission through our Platform and when you have checked out and paid for your shopping cart and the Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which the Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, the Seller is not obliged to give effect to any request to cancel or amend any Order or refund any Order. Upon receipt of full payment for the Order, KLRegistry will notify to the Seller to commence to process the Order.

2.6     Seller’s reservation of rights in respect of Orders: All Orders shall be subject to the Seller’s acceptance in its sole and absolute discretion and each Order accepted by the Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from KLRegistry confirming your Order has been accepted by the Seller, the Seller shall not be party to any legally binding agreements or promises made between the Seller and you for the sale or other dealings with any Services, Materials or Products, or any part thereof, and accordingly the Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, the Seller reserves the right to decline to process or accept any Order received from or through our Platform in its sole and absolute discretion. With regards to certain Services, Materials or Products, or any part thereof, once an Order has been placed, there will be no return, refund or cancellations and accordingly the Seller shall not be liable for any return, refund or cancellations or Losses which may be incurred as a result.

2.7     Termination by Seller in the event of pricing error: A Seller reserves the right to terminate the Customer Contract, in the event that a Service, Material or Product, or any part thereof, has been mispriced on our Platform, in which event KLRegistry shall, on behalf of the Seller, notify you of such cancellation by giving 3 days’ notice. The Seller shall have such right to terminate such Customer Contract (i) in the case of physical Products, whether or not such Product, or any part thereof, have been dispatched or are in transit and whether payment has been charged to you; and (ii) in any other case, whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the Seller shall refund the payment charged to you for the Product, and with regards to certain Services, Materials or Products, or any part thereof, once an Order has been placed, there will be no return, refund or cancellations and accordingly the Seller shall not be liable for any return, refund or cancellations or Losses which may be incurred as a result.

2.8     Warranty on Service, Material or Product: The warranties (if any) with respect to a Service, Material or Product, or any part thereof, (“Seller Warranty”) sold under a Customer Contract shall be as stated by the Seller via our Platform, under the description and terms and conditions for the relevant Service, Material or Product, or any part thereof, and shall be limited by the terms and conditions therein and these Terms & Conditions of Sale (as applicable). The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Seller Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Seller Warranty, the Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Service, Material or Product, or any part thereof, supplied. If no warranties and conditions, remedies for breach of warranty or condition, or other terms are stated in the Seller Warranty, then these Terms & Conditions of Sale will apply.

2.9     Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of the Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either KLRegistry or the Seller. You also acknowledge and agree that to the extent allowed under the laws of Malaysia, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit the Seller to provide the Service, Material or Product, or any part thereof, at lower fees or prices than the Seller otherwise could and you agree that such exclusions on liability are reasonable.

2.10   No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9 and to the extent allowed under any laws:

(a)      no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of any physical Products supplied or that a Service, Material or Product, or any part thereof, 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 the Seller;

(b)      any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against the Seller: (i) in the case of a physical Product, within 7 days from the date of delivery, or from the scheduled delivery of the Product; or (ii) (ii) in any other case, within 7 days from the date payment has been charged to you.

(c)     KLRegistry Group shall not be liable for any Losses including but not limited to any direct or indirect, incidental, special, consequential or exemplary losses or damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses or damages, and any other type of losses or damages caused by any breach of a Third Party Vendor’s implied or express warranty on any Service, Material or Product, or any part thereof or caused by or resulting from your access to or use of our Platform and/or your purchase or use of any Services, Materials or Products, or any part;

(d)      for any physical Product shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the physical Product (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labelling requirements;

(e)     the Seller shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of the Seller’s implied or express warranty on any Service, Material or Product, or any part thereof;

(f)      the Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without the Seller’s prior written approval and the Customer shall indemnify the Seller against all Losses arising out of such claims;

(g)      the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for any Service, Material or Product, or any part thereof, has not been paid in cleared funds by the due date for payment; and

(h)      To the extent allowed under the applicable laws, the Seller shall be under no liability whatsoever in respect of any defect in any physical Products arising after the expiry of the applicable Seller Warranty, if any.

2.11   Intellectual Property:

(a)      Unless the prior written consent of KLRegistry has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Service, Material or Product, or any part thereof.

(b)      Where a Service, Material or Product, or any part thereof (except for a physical Product) are supplied to the Customer by the Seller in connection with the Order, the use and retention of the Service, Material or Product, or any part thereof, are subject to the terms and conditions of licence or use (including but not limited to end-user licences, restrictions or conditions of use) as may be prescribed by the Seller or its licensors and such Service, Material or Product, or any part thereof, must not be used other than strictly in accordance with such terms and conditions.

(c)     The Customer agrees and acknowledges that the Service, Material or Product, or any part thereof (except for a physical Product) shall at all times remain the property of the Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to any Services, Materials or Products, or any part thereof, shall at all times remain the sole and exclusive property of the Seller or its licensors. Unless otherwise expressly provided in the Order or unless the prior written consent of KLRegistry has been obtained, the Customer undertakes to return the Service, Material or Product, or any part thereof (except for a physical Product) and/or any copies thereof upon the request of KLRegistry.

(d)     The Customer agrees not to share the use of any Service, Material or Product, or any part thereof (except for a physical Product) or disclose the Service, Material or Product, or any part thereof (except for a physical Product) to anyone who is not authorised to use it.

(e)     Any purchase or subscription in respect of any Service, Material or Product, or any part thereof (except for a physical Product) does not grant the Customer:

(i)              any rights whatsoever including any ownership rights to our Platform and/or any Service, Material or Product, or any part thereof (except for a physical Product);

(ii)             any ownership rights to any Service, Material or Product, or any part thereof (except for a physical Product) (unless otherwise expressly stated);

(iii)            any rights whatsoever to any copies of any the Service, Material or Product, or any part thereof (except for a physical Product) purchased; or

(iv)            any rights to any Intellectual Property in and to our Platform and/or any Service, Material or Product, or any part thereof (we or the relevant Intellectual Property owners retain all Intellectual Property in and to our Platform and/or any Service, Material or Product, or any part thereof).

  1. Delivery of physical Products

3.1     Address: Delivery of physical Products shall be made to the address you specify in your Order either by the Seller or by KLRegistry (or its agents) on behalf of the Seller.

3.2     Shipping & packing charges: If applicable, shipping and packing charges of any physical Products shall be as set out in the Order.

3.3     Tracking: If applicable, the Seller will provide you with a tracking number if it is allocated by the courier company for shipping of any physical Products and you may also receive a dispatched notification via email from the Seller once the physical Product is shipped.

3.4     Delivery timeframe: In the case of a physical Product, you acknowledge that delivery of the physical Product is subject to availability of the physical Product. The Seller will make every reasonable effort to deliver the physical Product to you within the delivery timeframe stated on the relevant page on which the physical Product is listed, but you acknowledge that while stock information on our Platform is updated regularly, it is possible that in some instances the physical Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your physical Product is delayed, the Seller will inform you accordingly via e-mail and your physical Product will be dispatched as soon as it becomes available to the Seller. The time for delivery shall not be of the essence, and the Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.

3.5     Deemed receipt: In the event you do not receive the physical Product by the projected delivery date and provided that you inform KLRegistry within 3 days immediately from such projected delivery date, the Seller will try, to the best of Seller’s ability, to locate and deliver the physical Product. If KLRegistry does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the physical Product subject to your rights under the laws of Malaysia.

3.6     Customer’s failure to take delivery: If the Customer fails to take delivery of the physical Product (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller, the Seller may terminate the Customer Contract.

  1. Prices of Services, Materials or Products

4.1     Listing Price: The price of the Services, Materials or Products, or any part thereof, payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to the Seller through our Platform.

4.2     Taxes: All Listing Prices are subject to goods and services taxes and any other applicable taxes, overseas transaction fees and international processing fees, unless otherwise stated. The Seller reserves the right to amend the Listing Prices at its sole and absolute discretion at any time without giving any reason or prior notice.

  1. Payment Terms

5.1     General:

(a)     You may pay for the Services, Materials or Products, or any part thereof, using any of the payment methods prescribed by KLRegistry at any time and from time to time at its sole and absolute discretion.

(b)     When you place an Order, actual and full payment must be made at the time of your Order.

(c)     All payments shall be made to KLRegistry, either accepting payment in its own right or as the Seller’s agent (where the Seller is a Third Party Vendor). You acknowledge that KLRegistry is entitled to collect payments from you on behalf of Third Party Vendors.

(d)     All payments must be made in Malaysian Ringgit (unless otherwise stated).

(e)     Payment for any subscriptions renewals shall be made only by using PayPal.

(f)      Payment for the Services, Materials or Products, or any part thereof, in the Premium Extras, Online Service, Shoppe and Events sections can be either by PayPal or such other payment as specified by us.

(g)     After a Cart Checkout, an “Order Summary” will be sent to your email. If your payment method is via bank transfer, please send proof of payment to us via the form “Customer/Dealer Services – Bank Transfers” located in your Dashboard.

(h)     An Order Request Confirmation will be emailed to you after your payment is successful and KLRegistry has received cleared funds. A copy of your Order Request Confirmation will be sent to the Seller for the Seller to process the Order. The Customer Contract will be between you and the Seller and an invoice will be provided by the Seller either, during delivery, upon request or by email.

5.2     Additional terms: The payment methods may be subject to additional terms as prescribed by KLRegistry from time to time.

5.3     Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against the Seller or any of its agents (which may include KLRegistry), for any failure, disruption or error in connection with the payment method. KLRegistry reserves the right at its sole and absolute discretion at any time and from time to time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

5.4     Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions or payment is cancelled for any reason whatsoever prior to receipt of cleared funds by the KL Registry or the Seller, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Services, Materials or Products, or any part thereof, until full payment in cleared funds is received.

5.5     Refund of Payment:

(a)     There will be no refunds for any Services, Materials or Products, or any part thereof (except for physical Products). Refunds for a physical Product may only occur due to the inability of the Seller to provide such physical Product upon receipt of notification by KLRegistry from the Seller and KLRegistry will thereafter process the refund in full to you. All refunds (if any) for any physical Products shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery items, where refunds (if any and if permitted by the Seller) will be made via bank transfer into the bank account of the person who made the original payment, provided that complete and accurate bank account details are provided to us.

(b)      We offer no guarantee of any nature for the timeliness of the refunds reaching your account or the account of the person who made the original payment. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.

(c)     All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.

(d)     All refunds are conditional upon our acceptance of a valid return of the physical Product.

(e)      We reserve the right to modify the mechanism of processing refunds at any time without notice.

(f)      We may from time to time issue guidelines regarding the refunds process for physical Products and we reserve the right to revise our refund process guidelines at any time and from time to time and you are deemed to be aware of and bound by any refund process guidelines and any changes (if any) upon their publication on our Platform.

  1. Returns

6.1     Return Policy: There will be no returns for any Services, Materials or Products, or any part thereof (except for physical Products). All returns of any physical Products (if any and if permitted by the Seller) must be done in accordance with the instructions set out in this Clause 6. The Seller is not obliged to agree to any return unless all such instructions are followed to the satisfaction of the Seller and KLRegistry.

6.2     Permitted returns: Subject to Clause 6.1, within 24 hours from the date of receipt of a physical Product, you may return the physical Product when:

(a)     you receive a product that is fundamentally different in nature from the physical Product specified in the Customer Contract;

(b)     you receive a faulty or damaged physical Product;

(c)     you receive a product that is not as advertised on our Platform;

(d)     a wrong item is delivered; or

(e)     you receive a product that has missing parts/items.

6.3     Conditions for Permitted Returns: The conditions for any permitted returns of a physical Product are as follows:

(a)     A permitted return only applies to a physical Product purchased from the Seller.

(b)     All courier charges for a physical Product returned shall be borne by the Customer.

(c)     It is the Customer’s responsibility to send a physical Product back to the Seller or KL Registry at the Customer’s own cost and expense. If a replacement physical Product is provided, the Customer shall also bear all cost and expense including courier charges for the delivery of the replacement physical Product to the Customer.

(d)     All permitted returns of a physical Product are to be sent back to the Seller or KL Registry via trackable courier service.

(e)     All physical Products under any permitted return which are returned after 7 days from the Customer’s receipt of the same will be subject to a 20% restocking fee.

(f)      All physical Products under any permitted return to be return must be accompanied by a duly completed returns form as may be prescribed by the Seller and/or KLRegistry.

(g)     The Seller and KLRegistry are not liable for any labour charges incurred during fitment or removal of the allegedly faulty physical Product.

(h)     The Seller and KLRegistry are not responsible for any physical Products under any permitted return to the Seller or KL Registry which are undelivered to the Seller or KLRegistry. Please retain your courier receipts and delivery slips and tracking number so that you may make a claim with your courier company if the need arises.

(i)      In order for the Seller to consider, process and approve any permitted returns for any physical Products, you must inform us within 24 hours of receipt of such physical Products. If you fail to do so, the Seller or KLRegistry will not be able to consider your claim and will not entertain or be liable to you in respect of any claims. All correspondence should be directed to us via the “Customer/Dealer Services – Shoppe Purchases” form found on your Dashboard.

(j)      For a permitted return of any physical Products to be considered by the Seller, you must obtain a Return Authorization Number (“RAN”) and you will have to contact KLRegistry to obtain a RAN either:

  • By contacting us via “Customer/Dealer Services- Request RAN” form located in your Dashboard; or
  • By calling Customer Services Department at: +603 7880 9111, Lines are open Monday to Friday 9.30am till 6pm except Saturdays, Sundays and Public Holidays.

(k)     Once your permitted return of any physical Products has been considered, processed and approved and a RAN is given, you must download and fill in the Permitted Return Form.

(l)      Any physical Products returned without a valid RAN and Permitted Return Form will be refused.

(m)    All physical Products under any permitted return must be received in re-saleable condition and in complete condition with all original packaging in good condition and be securely wrapped and you must include a copy of your RAN and Permitted Return Form with your physical Products, failing which the Seller and/or KLRegistry will have no obligation to process your return.

(n)     You must clearly mark the outside of the package returning the physical Products with your RAN, and send the same to the following address:

Return Authorisation No. ###

KLRegistry Returns Department

JT9 Technologies Sdn Bhd

113A Block A, Ground Floor, Kelana Busines Center

97 Jalan SS7/2 Kelana Jaya,

47301 Petaling Jaya, Selangor,

Malaysia

 

6.4     Processing of permitted returns: When the Seller and KLRegistry has approved a permitted return of a physical Product and received the returned physical Product and processed the replacement physical Product or given the Customer a refund, the returned physical Product or parts thereof shall become the Seller’s property.

6.5     Risk of damage or loss: Risk of damage to or loss of the returned physical Product shall be borne by the Customer and risk of damage to or loss of any replacement physical Product shall pass to the Customer at the time of delivery, or if the Customer wilfully or wrongfully fails or refuses to take delivery of the replacement physical Product, the time when the Seller (via KLRegistry or KLRegistry’s agents) has tendered delivery of the replacement physical Products.

6.6     Refusal to take possession: In cases where the Customer fails or refuses to take possession of the replacement physical Product without sufficient cause or justification, or returns the physical Products without sufficient cause or justification or without following the procedure, process and conditions, as provided under this Clause 6, KLRegistry will safely keep the item for a period of 7 days from the date KLRegistry receives the physical Product or the replacement physical Product. After the lapse of such period, the physical Product or replacement physical Product is deemed abandoned by Customer, and KLRegistry or Seller may dispose of the physical Product or replacement physical Product with no refund and no liability whatsoever including for any Losses, to the Customer. Notwithstanding the foregoing, KLRegistry or the Seller will use its best efforts to return the physical Product or replacement physical Product to the Customer within the time frame provided.

  1. Questions

If you have any questions, please contact KLRegistry using the “Contact Us” page on our Platform.

  1. Termination

8.1     Cancellation by you: You are not entitled to cancel your Customer Contract and all Customer Contracts are irrevocable and unconditional. All Customer Contracts will be deemed to be irrevocable and unconditional upon transmission through our Platform and when you have checked out and paid for your shopping cart and the Seller shall be entitled (but not obliged) to process such Customer Contract without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in this Clause 8, you may request to cancel or amend the Customer Contract which the Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, the Seller is not obliged to give effect to any request to cancel or amend any Customer Contract or refund any Customer Contract.

8.2     Termination by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, the Seller, or KLRegistry acting on the Seller’s behalf, may stop any physical Products in transit, or suspend further deliveries of any Services, Materials or Products, or any part thereof to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:

(a)     the Service, Material or Product, or any part thereof under the Customer Contract being unavailable for any reason;

(b)     the Customer being in breach of an obligation under the Customer Contract;

(c)     the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;

(d)      the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or

(e)     the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

  1. Risk and property of any physical Products

9.1     Risk of damage to or loss of any physical Products shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the physical Products, the time when the Seller or KLRegistry has tendered delivery of the physical Products.

9.2     Notwithstanding delivery and the passing of risk in the physical Products or any other provision of these Terms & Conditions of Sale the property in any physical Products shall not pass to the Customer until the Seller or KLRegistry has received in cash or cleared funds payment in full of the price of the physical Products agreed to be sold by the Seller or KLRegistry to the Customer for which payment is then due.

9.3     Until such time as the property in the physical Products passes to the Customer, the Customer shall hold the physical Products as the Seller’s or KLRegistry's fiduciary agent and bailee and shall keep the physical Products separate from those of the Customer.

9.4     The Customer agrees with the Seller and KLRegistry that the Customer shall immediately notify the Seller and KLRegistry of any matter from time to time affecting Seller’s or KLRegistry’s title to the physical Products and the Customer shall provide the Seller and KLRegistry with any information relating to the physical Products as the Seller or KLRegistry may require from time to time.

9.5     Until such time as the property in the physical Products passes to the Customer (and provided the physical Products are still in existence and have not been resold) the Seller or KLRegistry shall be entitled at any time to demand the Customer to deliver up the physical Products to the Seller or KLRegistry and in the event of non-compliance the Seller or KLRegistry reserves its right to take legal action against the Customer for the delivery up the physical Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.

9.6     The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of physical Products which remain the property of the Seller or KLRegistry but if the Customer does so, all moneys owing by the Customer to the Seller or KLRegistry shall (without prejudice to any other right or remedy of the Seller and KLRegistry) immediately become due and payable. The Customer further agrees and acknowledges that the Service, Material or Product, or any part thereof (except for a physical Product for which full payment in cleared funds have been received by the Seller) shall at all times remain the property of the Seller or its licensors and that the Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any Services, Materials or Products, or any part thereof, which remain the property of the Seller or KLRegistry but if the Customer does so, the Customer shall indemnify the Seller and KLRegistry and all of its respective officers, employees, directors, agents and contractors against all Losses, damages costs expenses and legal fees incurred by the Seller and KLRegistry in connection with the assertion and enforcement of the Seller’s or KLRegistry's rights.

9.7     If the provisions in this Clause 9 are not effective according to the law of the country in which the physical Products 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 condition, and the Customer shall take all steps necessary to give effect to the same.

9.8     The Customer shall indemnify the Seller and KLRegistry and all of its respective officers, employees, directors, agents and contractors against all Losses, damages costs expenses and legal fees incurred by the Seller and KLRegistry in connection with the assertion and enforcement of the Seller’s or KLRegistry's rights under this Clause 9.

  1. Limitation of liability

10.1   Sole remedies of customer: The remedies set out in Clause 6 are the Customer’s sole and exclusive remedies for non-conformity of or defects in the physical Products.

10.2   Maximum Liability: Notwithstanding any other provision of these Terms & Conditions of Sale, the Seller’s and KLRegistry’s maximum cumulative liability to you or to any other party for all Losses under, arising out of or relating to the sale of any Services, Materials or Products, or any part thereof under each Customer Contract, will not exceed the sums that you have paid to the Seller or KLRegistry under such Customer Contract.

10.3   Exclusion of liability: The Seller and KLRegistry indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other Users of our Platform in connection with the purchase of any Products; (ii) the sale of any Services, Materials or Products, or any part thereof, to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the physical Products or any failure to comply with the Seller’s or KLRegistry’s instructions on the use of any Services, Materials or Products, or any part thereof (whether oral or written).

10.4   No Liability for Event: KLRegistry Group is only acting as a promoter and/or as a ticketing agent for all Dealer’s Events and accordingly, the Dealer shall be fully liable for all fees, charges, fines, penalties, summonses, claims, damages, losses, costs and all other liabilities whatsoever arising or incurred whether directly or indirectly from such Events.

  1. General

11.1   References to KLRegistry: References to “KLRegistry” in these Terms and Conditions of Sale apply both to the KLRegistry Group contracting entity’s actions on its own behalf as a Seller and/or as the operator of our Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.

11.2   Right to subcontract: Third Party Vendors as Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to KLRegistry or any of KLRegistry’s designated service providers, subcontractors and/or agents.

11.3   Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and the Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies the Seller may have in law or in equity, and no exercise by the Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent the Seller’s exercise of any other such right or remedy as at law or in equity.

11.4   Warranties: Except as expressly provided in any Seller Warranty, the Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Services, Materials or Products, or any part thereof, supplied. All warranties and guarantees for certain Products are also provided entirely by Third Party Vendors and/or manufacturers and/or the Sellers and are subject to their terms and conditions. KLRegistry will deal with these parties on your behalf but accepts no liability for any losses, costs, charges, damages or expenses caused by any warranty claim and excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to such Products supplied by Third Party Vendors and/or manufacturers and/or the Sellers.

11.5   No waiver: The Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. The Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.

11.6   Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms & Conditions of Sale shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.

11.7   Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause 11.7 shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.

11.8   Governing law:

These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Malaysia and you hereby submit to the non-exclusive jurisdiction of the Courts of Malaysia.

11.9   Dispute resolution: Except as provided for in Clause 11.8, any dispute, controversy, or claim arising out of or relating to these Terms & Conditions of Sale, or the breach, termination or invalidity thereof shall be settled through arbitration in Kuala Lumpur in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA Rules") for the time being in force, which rules are deemed to be incorporated by reference in this Clause 11.9.  The tribunal shall consist of a single arbitrator, to be mutually agreed by the parties to the dispute, controversy, or claim and appointed by the KLRCA. The language of the arbitration shall be English.

11.10 Injunctive relief: KLRegistry or the Seller may seek immediate injunctive relief if the Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.11 Amendments: KLRegistry may vary these Terms & Conditions of Sale, such variation to take effect on the date of variation. If you access or use our Platform and/or purchase any Services, Materials or Products, or any part thereof, after such variation, you are deemed to have read and accepted such variation and our current Terms & Conditions of Sale and all their future variations. If you do not accept the variation, you must stop accessing or using our Platform and/or purchasing or using any Services, Materials or Products, or any part thereof, and terminate your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof. Our right to vary these Terms & Conditions of Sale may be exercised at our sole and absolute discretion and without the consent of any person or entity.

11.12 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice, Order Request Confirmation or other document on the part of the Seller or KLRegistry shall be subject to correction without any liability on the part of the Seller or KLRegistry.

11.13 Currency: Money references under these Terms & Conditions of Sale shall be in Malaysian Ringgit (unless otherwise stated).

11.14 Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.

11.15 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and the Seller or KL Registry relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

11.16 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to our Platform, the Services, the Materials or the Products, or any part thereof, if any) maintained by KL Registry or its service providers or the Seller relating to or in connection with our Platform, the Services, the Materials or the Products, or any part thereof, shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between the Seller or KLRegistry and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

11.17 Subcontracting and delegation: KLRegistry reserves the right at its sole and absolute discretion to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right at its sole and absolute discretion to use any service providers, subcontractors and/or agents on such terms as KLRegistry deems appropriate at its sole and absolute discretion.

11.18 Assignment: You may not assign your rights under these Terms & Conditions of Sale without the prior written consent of the Seller and KLRegistry. KLRegistry or the Seller, with the prior written consent of KLRegistry, may assign its rights under these Terms & Conditions of Sale to any third party.

11.19 Force Majeure: Neither KLRegistry nor the Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the contents of our Platform, the Services, the Materials or the Products, or any part thereof, if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond the reasonable control of KLRegistry or the Seller.

  1. Updates and changes

You agree to comply with these Terms & Conditions of Sale and all other applicable terms and conditions on our Platform and any and all the guidelines, notices, operating rules and policies and instructions pertaining to Users, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these Terms & Conditions of Sale and all other applicable terms and conditions on our Platform and any guidelines, notices, operating rules and policies and instructions at any time without notice and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

  1. Specific terms and conditions applicable to any Services, Materials or Products or any part thereof

In the event of a conflict or inconsistency between these Terms & Conditions of Sale and any specific terms and conditions applicable to any Services, Materials or Products, or any part thereof, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of KLRegistry and the provision which is more favourable to KLRegistry shall prevail.

 

Last Updated: 3 November 2017.

ALL DEFINITIONS

_________________________________________________________________________________

DEFINITIONS

(for all Users including Dealers)

Unless otherwise defined, the definitions as set out below will apply on our Platform, and unless the context otherwise requires, the definitions set out below shall have the same meaning when used in the applicable terms and conditions on our Platform.

Activity” or “Activities” means each or any activities carried out online through the Online Service including but not limited to:

  • Any purchase of or subscription for any Services, Materials or Products or any part thereof;
  • Any purchase of any Tickets;
  • Any purchase of Vouchers or Dealer Discount Vouchers (as applicable);
  • Any purchase of Gift Cards;
  • Any reservation or purchase of any Hospitality; or
  • Any purchase of any Goods.

Additional Advertisement Product” means any products purchased by an Advertiser in addition to those included within the Advertisement Package.

Advertiser” means the person, firm or company who enters the Advertiser Agreement with KLRegistry.

Advertiser Agreement” means an Order for purchase and supply of any Advertisement Product which has been accepted by KLRegistry and shall for the avoidance of doubt, be subject to and shall include the Directory Listing Terms & Conditions and all relevant Advertisement Rules, both of which as may be amended by us, at any time and from time to time and such terms and conditions of contract as may be stated in any listing of any Services, Materials or Products, or any part thereof, and such other terms and conditions in as may be additionally specified or stipulated or supplied by KLRegistry in its sole and absolute discretion in respect of any Services, Materials or Products, or any part thereof.

Advertiser Data” means information regarding the Advertiser and any Stock Information and Supplemental Information.

Advertiser Materials” means any copy, artwork, data, photographs, slides, video clips, information and/or other material provided by the Advertiser to KLRegistry for inclusion in an Advertisement or otherwise uploaded to our Platform and/or Shoppe and/or any Advertiser’s Dashboard.

Advertisement” means any copy, artwork, text, data, photographs, slides and/or video clips advertising a vehicle that is to be published on our Platform.

Advertisement Banner” means an advertisement banner on our Platform, any Services, Materials or Products, or any part thereof.

Advertisement Package” means the package of KLRegistry advertising any Services, Materials or Products, or any part thereof, which the Advertiser subscribes to, or which are provided by KLRegistry to the Advertiser, as may be amended from time to time by KLRegistry.

Advertisement Package Variation” means the form detailing changes requested by the Advertiser to either add any Additional Advertisement Product and/or modify their Advertisement Package and/or any Advertisement Product and/or Additional Advertisement Product.

Advertisement Product” means the advertising products or services supplied to the Advertiser by KLRegistry either within an Advertisement Package or standalone as Additional Advertisement Product.

Advertisement Rules” means the guidelines imposed by KLRegistry which all Advertisements must comply with and/or any specific rules that relate to the Advertisement Product, as set out in the Directory Listing Terms & Conditions and/or or as notified by us to you at any time and from time to time, and as may be amended by us, at any time and from time to time.

Advertisement Charges” means the advertisement charges to be paid by the Advertiser for any Advertisement Package and/or any Additional Advertisement Product as set out in an Order Summary and/or Advertisement Package Variation or otherwise as specified by KLRegistry.

Calendar Post” means a calendar post on our Platform.

Community Platform and Services” means the community platform and services on our Platform.

Customer” means an authorised User of our Platform and a purchaser of any Services, Materials or Products, or any part thereof, listed for sale on our Platform, and shall where the context so permits include a Dealer and an Advertiser.

Customer Contract” means an Order which has been accepted by a Seller and shall for the avoidance of doubt, be subject to and shall include the Terms & Conditions of Sale which as may be amended by us, at any time and from time to time and such terms and conditions of contract as may be stated in any listing of any Services, Materials or Products, or any part thereof, and such other terms and conditions in as may be additionally specified or stipulated or supplied by such Seller in its sole and absolute discretion in respect of any Services, Materials or Products, or any part thereof.

Dashboard” means an authorised User’s account control centre, which is accessible through our Platform’s menu tab.

Dealer” means an authorised User of our Platform, who is a dealer of any vehicles listed for sale on our Platform and has a Dealer Shop.

Dealer Discount Voucher” means a Dealer’s discount Voucher which is offered by a Dealer as a Seller for no consideration to a Customer on our Platform, which may be used by such Customer, subject to terms and conditions including but not limited to the Dealer Discount Voucher Terms & Conditions, to purchase one vehicle per Voucher, as mentioned in its specifications and terms and conditions.

Dealer Discount Voucher Terms & Conditions” means the terms and conditions governing purchases or use of any Dealer Discount Vouchers, including where such vouchers are offered for no consideration, as may be amended by us, at any time and from time to time.

Dealer Shop” means a Dealer’s online shop located on our Platform.

Dealer Calendar, TorqTube, Event and Shoppe Posts Terms & Conditions” means the terms and conditions governing Dealers in relation to the purchase of any Calendar Post and/or TorqTube post and/or Event post and/or Shoppe post, as may be amended by us, at any time and from time to time.

Dealer Subscription” means such subscription sum paid by a Dealer for such continuous number of days of access to a Dealer’s Dashboard and related Productivity Modules as notified by us to the Dealer.

Dealer Terms & Conditions” means the terms and conditions governing Dealers, as may be amended by us, at any time and from time to time.

Directory Listing Terms & Conditions” means the terms and conditions governing listings on our directory, as may be amended by us, at any time and from time to time.

Events” means any events hosted or organised or promoted or offered by KLRegistry Group including but not limited to Customers meetings, Dealers meeting, exhibitions, parades, excursions, track days, testing days, drive days, golf days, hotel stays and hotel packages, workshops, driving experiences, flight experiences, sailing or boating experiences, and other events or experiences, and all activity at such Events.

Events Terms & Conditions” means the terms and conditions governing booking of or participation in any Events, as may be amended by us, at any time and from time to time.

Event Vouchers” means the vouchers issued by KLRegistry Group for single or multiple Events and purchased by a Customer as a result of the Activity, the specific terms and conditions of which are set out in the Ticketing Terms & Conditions.

Gift Cards” means the gift cards issued by KLRegistry Group for purchase and purchased by a Customer as a result of any Activity, the specific terms and conditions for which are set out in the Ticketing Terms & Conditions.

Goods” means:

  • our online merchandise (including any instalment of or any part of them) or vouchers for merchandise and includes but is not limited to Services, Materials or Products, or any part thereof which are systems or software in nature, downloadable files, images, desktop wall paper, discount vouchers, redemption codes, lucky draws coupons, service reminders and system calendar, dealer subscriptions, Tickets, Vouchers, Dealer Discount Vouchers, Event space subscriptions or participation, promotional campaigns, execution of Services, downloadable content or features, module upgrades or modifications, limited offer module features, drawings and diagrams; or

 

  • our merchandise such as t-shirts, caps, mugs, posters, clocks, tables, bicycles, radio, fashion wear, accessories and paraphernalia; or

 

  • Third Party Vendor online merchandise (including any instalment of or any part of them) or vouchers for merchandise and includes but is not limited to Services, Materials or Products, or any part thereof which are systems or software in nature, downloadable files, images, desktop wall paper, discount vouchers, redemption codes, lucky draws coupons, service reminders and system calendar, dealer subscriptions, Tickets, Vouchers, Dealer Discount Vouchers, Event space subscriptions or participation, promotional campaigns, execution of Services, downloadable content or features, module upgrades or modifications, limited offer module features, drawings and diagrams; or

 

  • Third Party Vendor merchandise such as t-shirts, caps, mugs, posters, clocks, tables, bicycles, radio, fashion wear, accessories and paraphernalia,

but for the avoidance of doubt, excludes all vehicles.

Hospitality” means all hospitality offered at the Events purchased by a Customer, the specific terms and conditions of which are set out in the Hospitality Terms & Conditions.

Hospitality Terms & Conditions” means the terms and conditions governing supply of Hospitality, as may be amended by us, at any time and from time to time.

Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

KLRegistry”, “we”, “our” and “us” refer to JT9 Technologies Sdn Bhd (Company No. 866775-V), a company incorporated pursuant to the laws of Malaysia.

KLRegistry Group” refer to KLRegistry, and all its offices, agencies, representative offices, affiliated, associated or related corporations and their respective officers, employees, directors, agents, servants, contractors and personnel, whether situated in or outside of Malaysia.

KLRegistry Indemnitees” means each member of the KLRegistry Group and its successors and assigns.

KLRegistry Partner Website” means any third-party website or digital platform on which an Advertisement is to be placed as solely determined by KLRegistry.

Listing Price” means the price of a Service, Material or Product, or any part thereof, listed for sale to Customers, as stated on our Platform in Malaysian Ringgit (For the avoidance of doubt, “RM1,000” shall mean “RM1,000.00”).

Losses” includes but is not limited to all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not, and all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not, arising from any interrupted use or subscription for Services, Materials or Products, or any part thereof; or any cancellation of any contracts for Services, Materials or Products, or any part thereof, any termination of any purchased Services, Materials or Products, or any part thereof, as a result of any breach.

Materials” means a material (including any instalment of the material or any parts thereof) available for sale to Customers on our Platform, and includes but is not limited to:

  • A Productivity Module;
  • A Dealer Shop;
  • A Premium Extra;
  • A Community Platform and Services; and
  • All web pages on our Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on our Platform or any part thereof and the functionalities or services or facilities provided on our Platform or any part thereof.

Online Service” means our Shoppe, our online booking service, our online market place, our Community Platform and Services and our Productivity Modules (as the case may be and as applicable).

Order” means a Customer’s order for any Service, Material or Product, or any part thereof, sent through our Platform in accordance with the Terms & Conditions of Sale and such terms and conditions of contract as may be stated in any listing of any Services, Materials or Products, or any part thereof, and such other terms and conditions in as may be additionally specified or stipulated or supplied by the Seller in its sole and absolute discretion in respect of any Services, Materials or Products, or any part thereof.

Order Request Confirmation” means when the last of the following occurs: (1) payment for an Order has been received in full and in cleared funds by us and (2) we have sent an email to each of the Customer and Seller to confirm that full payment has been received, whereupon the Seller will thereafter initiate sale of the relevant Service, Material or Product to the Customer, in accordance with the applicable terms and conditions.

Order Request Confirmation Date” means the date when the Order Request Confirmation has occurred.

Order Summary” means the relevant Service, Material or Product, or any part thereof, in a Customer’s cart that the Customer intend to purchase and have made or will make payment for in accordance with the Terms & Conditions of Sale, which Order Summary will be sent via email to the Customer when the Customer places an Order at check out.

Password” refers to the valid password that a User who has an account with KLRegistry may use in conjunction with the Username to access the relevant parts of our Platform, the Services, the Materials or the Products, or any part thereof.

Personal Data” means data, whether true or not, that can be used to identify, contact or locate you, including but not limited to your name, age, gender, address, occupation, contact details, e-mail address, billing address, shipping address, phone number, credit card or debit card information, the information contained in any of your account(s), the type of Services, Materials or Products, or any part thereof, and such other necessary data regarding yourself and your transaction(s) and/or activities on our Platform or in respect of any Services, Materials or Products, or any part thereof, and any data which relates directly or indirectly to you and/or your transactions and/or your activities, and shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.

Platform” means (a) the web and/or mobile versions of the web portal and/or any other iterations of the web portal operated and/or owned by KLRegistry which is presently located, including without limitation at the following URL: www.klregistry.com; URL: www.klregistry.my, and URL: www.klregistry.net and (b) the mobile applications made available from time to time by KLRegistry, including the iOS and Android versions, and includes all related web portals and websites and sub-sites created by KLRegistry or the KLRegistry Group.

Premium Extras” means the premium Services, Materials or Products, or any part thereof, that a Dealer may purchase to facilitate or promote its business on our Platform.

Privacy Policy” means our privacy policy applicable to your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, as may be amended by us, at any time and from time to time.

Product” means a product (including any instalment of the product or any parts thereof) available for sale to Customers on our Platform, and includes but is not limited to:

  • A Dealer Discount Voucher for sale to Customers on our Platform or which is offered for no consideration to Customers on our Platform;
  • A Ticket for sale to Customers on our Platform or which is offered for no consideration to Customers on our Platform;
  • A Voucher for sale to Customers on our Platform or which is offered for no consideration to Customers on our Platform;
  • A Good for sale to Customers on our Platform;
  • An Advertisement Banner and/or Advertisement Product and/or Additional Advertisement Product for sale to Customers on our Platform;
  • A Calendar Post for sale to Customers on our Platform;
  • A TorqTube post for sale to Customers on our Platform;
  • An Event post for sale to Customers on our Platform;
  • A Shoppe post for sale to Customers on our Platform; and
  • Any Hospitality for sale to Customers on our Platform;
  • Any Goods for sale to Customers on our Platform.

Productivity Modules” means any productivity modules (including any instalment of such productivity modules or any parts thereof) available for sale to and use by Customers on our Platform.

Prohibited Material” means any information, graphics, photographs, data and/or any other material that:

  • contains any computer virus or other invasive or damaging code, program or macro;
  • infringes our Intellectual Property or any other proprietary rights;
  • infringes the Intellectual Property or any other proprietary rights of any third party;
  • is defamatory, libellous or threatening;
  • is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or
  • is or may be construed as offensive and/or otherwise objectionable, in our sole and absolute opinion.

Seller” means a seller of the relevant Service, Material or Product, or any part thereof, as described in the Terms & Conditions of Sale, and includes a Third Party Vendor.

Seller Warranty” means the warranty, if any, provided by a Seller for a Service, Material or Product, or any part thereof, sold on our Platform.

Services” means a service or function or facility (including any instalment of the service or function or facility or any parts thereof) available for sale to Customers on our Platform, or any part thereof, and includes but is not limited to:

  • An Online Service;
  • TorqTube;
  • Shipping Services;
  • A Dealer Shop; and
  • A Productivity Module.

Shipping Services” means such shipping or delivery services as provided by us at any time and from time to time with respect to certain Products.

Shoppe” means our Platform’s online shop.

Stock Information” means any data regarding a Dealer’s stock of vehicles including but not limited to vehicle registration details, images, prices and sales information which is uploaded to our Platform and/or Shoppe and/or such Dealer’s Dashboard or otherwise communicated or made available to KLRegistry.

Submissions” means the materials, information, images, articles, write-ups, reviews, testimonials, ratings, advertisements, biography, interviews, videos, music, songs, listings, items for sale, posters and item descriptions, specifications, terms and conditions, warranties or guarantees that you submit to our Platform and/or provide to us including without limitation in respect of or pursuant to any Services, Materials or Products, or any part thereof, or in respect of or pursuant to any services, materials or products, or any part thereof, of any Dealers, Advertisers or other third parties, including but not limited to, questions, reviews, comments, feedback, suggestions, ideas, communications and/or other content.

Supplemental Information” means information used by KLRegistry to supplement and enhance any Stock Information, including verification, enhancement or amendment of such Stock Information.

Terms of Use & Access” means the terms and conditions governing access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, as may be amended by us, at any time and from time to time and shall include without limitation such terms and conditions of contract as may be stated in any listing of any Services, Materials or Products, or any part thereof, and such other terms and conditions in as may be additionally specified or stipulated or supplied by the Seller in its sole and absolute discretion in respect of any Services, Materials or Products, or any part thereof.

Terms & Conditions of Sale” means the terms and conditions governing purchases of any Services, Materials or Products, or any part thereof, as ay be amended by us, at any time and from time to time and shall include without limitation such terms and conditions of contract as may be stated in any listing of any Services, Materials or Products, or any part thereof, and such other terms and conditions in as may be additionally specified or stipulated or supplied by the Seller in its sole and absolute discretion in respect of any Services, Materials or Products, or any part thereof.

Third Party Vendor” means a Seller, authorised by KLRegistry, who uses our Platform and/or our Services and/or Materials and/or Products, or any part thereof, to sell its Services and/or Materials and/or Products, or any part thereof, to Customers, and excludes any member of the KLRegistry Group.

Tickets” means the tickets or passes purchased by any Customer as a result of any Activity or Activities or in respect of any Services, Materials or Products, or any part thereof, and shall include any Event Vouchers or Gift Cards.

Ticketing Terms & Conditions” means the terms and conditions governing purchases or use of any Tickets, as may be amended by us, at any time and from time to time.

TorqTube” means the webpage on or associated with our Platform whereby authorised Customers are allowed to post any Submissions approved by us.

Trademarks” means the trademarks, service marks, trade names and logos used and displayed on our Platform or in respect of any Services, Materials or Products, or any part thereof, including the KLRegistry trademark, service marks, trade names and logos, which are property of KLRegistry Group.

User” means an authorised user of our Platform, and shall include a user who is an authorised representative of a Customer or a Dealer or an Advertiser.

Username” refers to the unique login identification name or code which identifies a User who has created or registered an account with KLRegistry.

User Account” means an account created or registered by a User with us.

Voucher” means a voucher for sale to Customers on our Platform or which are offered for no consideration to Customers on our Platform, which may be used by a Customer, subject to all applicable terms and conditions:

  • towards the payment of purchases on our Platform or purchases of any Services, Materials or Products, or any part thereof, as mentioned in its specifications and terms and conditions; or

 

  • for redemption of a service, discount, reward or other items, as mentioned in its specifications and terms and conditions;

and shall where the context so permits, include a Dealer Discount Voucher and other discount or promotional Vouchers.

Voucher Terms & Conditions” means the terms and conditions governing purchases or use of any Vouchers, including where such vouchers are offered for no consideration, as may be amended by us, at any time and from time to time.

You” and “your” means the individuals that are of legal age or otherwise under the supervision of a parent or legal guardian, and who have the legal capacity and authority to enter into and form contracts under any applicable law, and shall where the context so permits, include any Users.

 

Last Updated: 3 November 2017.

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