Online Purchase Terms and Conditions
|
1. About these Terms and Conditions
|
In these terms and conditions, DXN Marketing Sdn Bhd (after this can be referred to as “we”, “our” and “us”) and the customer (after this can be referred to as “you”). In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products.
|
2. Placing Your Order
|
|
2.1 This online purchase can only be utilized by registered distributors.
|
|
2.2 You are responsible for correctly entering all requested Order. If incorrect information is entered, it may result in you receiving and being liable for payment of unwanted Products.
|
|
2.3 Purchase Order Number will be issued once you place your order. Purchase Order does not constitute our acceptance of your Order but it is for reference purpose only.
|
|
2.4 By placing an Order, you are making an offer to us to purchase the Products you have selected on these terms and conditions. We may, at our discretion decide whether to accept or not accept your offer.
|
|
2.5 Your Order is considered as accepted by us once we issue you an Order Confirmation by email. If we cannot accept your Order we will attempt to contact you as soon as possible by email or telephone.
|
|
2.6 Whilst we will make every effort to supply you with the Products listed on the Purchase Order, there may be occasions, in which we are unable to supply these Products because, for example:
-
-
1. such Products are no longer being manufactured or are no longer available or
-
2. if there was any unexpected occurrences on our part.
|
|
2.7 Any cancellation by you is not allowed after issuance of the Purchase Order. However, we reserve the right to cancel your order in accordance with circumstances beyond our reasonable control subject to prior notification to you via email or telephone.
|
|
2.8 Information contained in our advertising, brochures and other written materials on our websites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.
|
3. Supply of the Products
|
Subject to these terms and conditions, we will supply the Products to you as indicated on your Purchase Order.
|
4. Prices
|
|
4.1 The price of the Products will be the price indicated on your Purchase Order.
|
|
4.2 Delivery costs, where applicable, are payable by you as indicated on your Purchase Order.
|
5. Paying for Your Products
|
|
5.1 Your Purchased Products can be paid using credit card or any available methods as displayed on the payment section of the DXN e-World from time to time.
|
|
5.2 You must pay in the currency as indicated on your Purchase Order.
|
|
5.3 You must supply the credit card details when you place your Order. The credit card will be charged when we issue your Purchase Order. We will not commence the supply of Products to you until the credit card issuer has authorised the use of the card for payment of the Products ordered. If we do not receive such authorisation we shall let you know. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
|
6. Delivery of Purchased Products
|
|
6.1 We will send the Purchased Products to you at the shipping address indicated on your Purchase Order.
|
|
6.2 We will use all reasonable endeavors to process your Purchase Order upon the date of issuance of your Order Confirmation. Estimated product delivery time which is given at the time of placing an Order are estimates only and do not equate the exact delivery time.
|
|
6.3 Title to and risk of loss or damage to the Products will pass to you upon delivery of the Products.
|
|
6.4 If you receive any defective products that you have purchased from us, you must inform us by telephone or email within the next 2 working days. By failing to do so, we reserve the right not to replace or exchange the defective products to you.
|
7. Liability
|
|
7.1 The extent of our liability are as follows :
|
|
7.1.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products;
|
|
7.1.2 There are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract; and
|
|
7.1.3 Any warranty, condition or other terms concerning the Products which might otherwise be implied into or incorporated into the Contract by statute, common law or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
|
|
7.2 We will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
|
|
7.3 Our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
|
8. Data Protection
|
By placing your Order, you agree and understand that we may store, process and use the data collected from your Order Form for the purposes of processing your Order. Please note that we may also share such data globally within the DXN group of companies. All DXN companies will protect your information in accordance with the DXN Customer Privacy Policy We work with other companies that help us provide Products and services to you. For example we may provide your information to these companies for the shipment of Products to you or to ensure that you benefit from special purchase discounts or terms. In addition, if you have requested financial aid in order to pay for the Products ordered, some of the information you provide to us will be forwarded to companies providing financial aid for your purchase. For more detailed information on how we protect your information, please refer to our DXN Customer Privacy Policy If you wish to have access to the information that we hold concerning you, if you want to make any changes, or if you do not want to receive information from us or these third party companies, or update your personal contact preferences, you may contact the DXN data controller.
|
9. Circumstances Beyond Our Reasonable Control
|
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
|
10. Governing Law
|
The Laws of Malaysia govern these Terms and Conditions. By accessing this website (and using our services or buying our products) you consent to these Terms and Conditions and to the exclusive jurisdiction of the Malaysian Courts in any arising disputes.
|
11. General
|
|
11.1 Our failure to enforce any term of the Contract shall not constitute a waiver of any term. Such failure shall in no way affect our rights to enforce such terms.
|
|
11.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
|
|
11.3 DXN reserves the right to amend, modify, vary or supplement these Terms and Conditions at any time as it sees fit.
|
12. Defined Terms
|
|
12.1 In these terms and conditions:
|
|
12.2 DXN Marketing Sdn Bhd is a company incorporated in Malaysia with its address at Block C, 8 Suria boutique Offices, Jalan PJU 1/42, Dataran Prima 47301 Petaling Jaya, Selangor Darul Ehsan, Malaysia.
|
|
|
|
DXN Personal Website Terms and Conditions
|
1. General
|
PLEASE READ THIS AGREEMENT THOROUGHLY AND CAREFULLY before accessing or using the DXN Personal Replicated Website (the ‘Website’) through http://user.mydxn.net
This Website User Agreement (the ‘Agreement’) governs the use of the Website and all text, graphic images, software, databases, and other digital objects (the “Assets”) on the Website as provided by DXN from time to time. This Agreement represents all terms and conditions, notices, provisions and applicable usage guidelines related to use of the Website and understanding between DXN and the individual or entity who subscribes to the Website (the ‘User’).
|
2. Acknowledgement and Acceptance of this Agreement
|
|
2.1 By using of and accessing to and/or continued using of and accessing to the Website shall constitute the User agrees to accept and comply with the Terms and Conditions herein. DXN reserves the rights to terminate any User’s access to the Website and any or all of its Assets at any point of time, with or without notice, for conduct that is in breach of this Agreement, for conduct that DXN believes is harmful to its business, or for conduct where the use of the Website is harmful to any other party.
|
|
2.2 This Agreement constitutes the entire agreement between the User and DXN and supersedes any conflicting agreements, representations and understandings, whether in written or oral. The headings used in this Agreement is for convenience only, and such headings are not to be used in determining the meaning or interpretation of these the terms or conditions of use of the Website.
|
|
2.3 The User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and the DXN as a result of this Agreement or use of this Website.
|
3. DXN’s Right to Modify Services, Terms and Conditions
|
DXN reserves the rights in its sole discretion at any point of time, to change or modify, update, or alter this Agreement and/or delete any terms and conditions, as well as any features of the Website at any point of time, with or without prior notice, for any reason and without liability to any User or third party. Such changes or modifications shall effective for the Users upon posting of the modified Agreement to this Website. The Users are responsible to read this Agreement from time to time to ensure that the use of the website remains in compliance with this Agreement.
|
4. Purpose of the Website
|
The purpose of the Website is to enable the Users to communicate through blog and to share their experiences with other users. Although some portions of the Website are freely available to the public, certain other portions may be restricted to specific Users (eg; the admin page for the Website)
|
5. Authorized Uses
|
This Website may be used only for authorized and lawful purposes. The Website provides Assets for non-commercial educational, personal and sharing purposes, as well as for information about the Website’s services and resources. Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material for other purposes without prior written approval by DXN and/or payment of appropriate fees to DXN.
|
6. Prohibited Uses
|
|
6.1 No User may restrict or inhibit access to this Website in any way.
|
|
6.2 No User may upload, transmit, distribute, or otherwise publish the following content on the Website in any message or means of communication provided via the Website:
-
a) Any content that is against or prohibited under DXN Distributorship Rules and Regulations.
-
b) Content that is unlawful, abusive, threatening, defamatory, vulgar, pornographic, infringing, fraudulent, indecent or obscene;
-
c) Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
-
d) Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to DXN will result in immediate account suspension.
-
e) Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party;
-
f) Content that contains any materials that advertise or otherwise solicit funds, goods, or services;
-
g) Content that contains virus or other component that may damage another’s computer;
-
h) Content that promotes mail fraud, contests, surveys, pyramid schemes, chain letter or other illegal or fraudulent activities;
-
i) Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
-
j) Content that offers to sell or buy any goods, or any requests for any funds or items of any monetary value;
-
k) Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any DXN’s service, solution or technology.
|
|
6.3 Any use of the Website constitutes consent to any monitoring and auditing by DXN and its agents. Although DXN has no obligation to monitor the Website, DXN reserves in its sole discretion the rights to delete, edit, move, refuse to post or take other appropriate action regarding any messages, information or files that it deems objectionable, inappropriate or otherwise in violation of this Agreement.
|
|
6.4 Any commercial use of DXN’s copyright Assets and web pages is illegal without DXN official written permission in advance and/or payment of associated fees.
|
|
6.5 Framing or other hosting any portion of the Website’s Assets or web pages within any other website requires written permission in advance from DXN. No part of the Website’s Assets or web pages may appear within a frame, page, or portion of a page on any other website without DXN’s official written permission in advance and/or payment of associated fees.
|
|
6.6 Harvesting of the Website’s Assets by any means whatsoever, for use in other websites or in any other products, is expressly forbidden. Excluding materials in the public domain, all Assets are copyright © 2015, DXN Holdings Berhad.
|
|
6.7 Users may not harvest or otherwise collect information about others, including e-mail addresses, without express consent by the owner.
|
7. Legal Notices
|
Communications made through or to the Website’s e-mail, newsletter or other Assets do not constitute legal notice to DXN.
|
8. Privacy
|
|
8.1 DXN respects the privacy of the User of the Website. DXN, by complying Personal Data Protection Act 2010 is hereby bound to require consent in relation to collection, recording, storage, usage and retention of the personal information of the User. The User by using this Website is agree and consent of the collection, recording, storage, usage, retention and disclosure of their personal information by DXN for purpose of this Agreement or other legal requirements.
|
|
8.2 DXN makes no representation or warranty of the accuracy, reliability, or confidentiality of any communications over the Internet. Users should never transmit any sensitive or confidential information to DXN by e-mail. Although DXN makes reasonable efforts to respond to e-mail messages received, the unreliable nature of e-mail and other electronic means of communication do not guarantee that messages will always be received.
|
|
8.3 The Website does not use “cookies” to track Users’ Internet activities.
|
9. Disclaimers and Limitation of Liability
|
|
9.1 The Website is provided on an “as is” and “as available” basis and the use of the Website is at User’s own risk. DXN may make changes and improvements to the content of the Website at any point of time. Nevertheless, DXN makes no representations, warranties or guarantees of any kind whatsoever, either expressed or implied, with respect to the Agreement or the service or information provided through the Website, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. DXN disclaims any and all warranties for the accuracy, availability, completeness, reliability, suitability, timeliness, usefulness or validity of any information or advice, goods, or services received through or advertised on any links provided by the Website.
|
|
9.2 The User downloads or obtains material or data through the Website and Assets entirely at User’s own discretion and risk, and the User is solely responsible for any and all damages to computer systems or loss of data resulting from such downloads. DXN disclaims any and all responsibilities or liabilities for any harm resulting from downloading or accessing any material from the Website.
|
|
9.3 Although every effort has been made to offer the most current, correct, and clearly expressed information possible, the Website content may include inadvertent inaccuracies or typographical errors. Users should not rely on any advice received via the Website and servers for personal, commercial, medical, legal or financial decisions. Users should consult appropriate professionals for specific advice on these topics. DXN disclaims any and all responsibilities or liabilities for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed in digital form. Nor is the Website responsible for the deletion, failure to store, misdelivery, or untimely delivery of any information or materials, except as expressly determined by a separate written use agreement and payment of appropriate fees.
|
|
9.4 In no event will DXN be liable to User for any direct, indirect, incidental or consequential damages or economic loss arising from the use of the content or service provided by DXN. DXN, its directors, officers, employees and agents shall in no way be liable to Users or anyone else for any loss or injury resulting from the use of the service or of User’s website. Under no circumstances shall DXN, its directors, officers, employees and agents or other representatives be liable to any User on account of that User’s use or misuse of or reliance on the Website, arising from any and all claims relating to this Agreement.
|
10. Indemnification
|
|
10.1 The User agrees to defend, indemnify and hold harmless DXN, its directors, officers, employees and agents from and against, and to reimburse DXN with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by DXN by reason of or arising out of or in connection with any of the followings:
-
a) Any breach of this Agreement by User;or
-
b) Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on User’s website;or
-
c) Illegal, pornographic, or discriminatory content on User’s website.
|
11. Links to Third Party Site
|
|
11.1 The Website may contain links to other websites that are maintained by third parties over which DXN has no control. DXN does not sponsor or endorse any of the content or opinions expressed on third-party sites. Nor does DXN represents or warrant the accuracy, reliability or validity of any third-party site. These links are made available only for convenience only. Use of these links will cause User to leave this Website and use of third-party websites is entirely at User’s own risk.
|
|
11.2 Users are responsible for complying with the rules, regulations, or policies that apply to any third-party network, server, computer database, or website, which govern Users interaction as a visitors.
|
|
11.3 DXN is not responsible for webcasting or any other form of transmission received from any linked site.
|
12. Statistics
|
Although DXN may use a computer program to track statistical information about each visitor to the Website, how that visitor came to the Website, and visits to the pages within the Website, no personally identifiable information is gathered by this program. The collected data help DXN to develop the Website through analysis of usage.
|
13. Proprietary Rights
|
|
13.1 DXN retains copyright on the Assets on the Website. The Assets is including which is designates individual items and multiple items created in whole or in part by DXN and presented on the Website.
|
|
13.2 The Assets published on the Website are protected by copyright and other intellectual property laws, and are owned or controlled by DXN or the party listed as the provider of the Assets. Commercial use of the Assets is prohibited without prior written permission of DXN or other copyright owner. Whenever DXN may provide access to third-party electronic content, those resources are subject to terms and conditions as provided by the owners.
|
|
13.3 Any and all reproductions of copyrighted materials are governed by the copyright laws. The User is solely responsible for the improper or illegal use of DXN Assets and third-party content. It is the responsibility of the User to determine whether it is necessary to obtain permission of any person or entity to use an Asset and whether that use requires the payment of fees.
|
|
13.4 The logo and trademarks of DXN are intellectual property of DXN, as are all page headers, custom graphics, logos and buttons icons. Users may not link to any service mark without prior written approval in advance from DXN. All other trademarks and registered trademarks referred to or reproduced in this Website and servers are the property of DXN.
|
|
13.5 DXN does not claim ownership of the materials provided, posted, uploaded, inputted, or submitted by Users to the Website (including feedback and suggestions). By providing, posting, uploading, inputting, or submitting material, however, Users are granting the right and permission to DXN to use their submissions in connection with the operation of the Website. This right and permission is without limitation and includes the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat any submission; and to publish the User’s name in connection with the submission. Users will receive no compensation with respect to any submission, as provided herein. DXN is under no obligation to post or use any submission and may remove any submission at any time in the Website’s sole discretion. By posting, uploading, inputting, providing or submitting any material, Users represent that they own or otherwise control all of the rights to their submission as described in this section including, without limitation, all the rights necessary for Users to provide, post, upload, input or submit the submissions.
|
14. Language
|
|
14.1 If the Website provides User a translation of the English language version, the User agree that the translation is provided for User convenience only and that the English language version(s) of the Agreement will govern User relationship with DXN.
|
|
14.2 If there is any contradiction between what the English language version of the Agreement and that of a translation, then the English language version takes precedence.
|
15. Governing Law
|
|
15.1 The governing law for the Agreement is the law of Malaysia irrespective of your current location or jurisdiction when accessing the Website
|
|
15.2 Shall you have questions or concerns about this Agreement, please contact us through our Contact form by clicking HERE
|