Effective as of 20 February 2020.
The following are the terms and conditions (“Terms and Conditions”) that apply to our www.novexpert.my website (the “Site”), Novexpert Malaysia Online, LiveLife Sdn Bhd (558942U) and its divisions, associates and officers unless otherwise stated.
Please read the terms and conditions carefully before using this Site. By using this Site, you confirm your understanding and acceptance of the Terms and Conditions. Please do not access and use this Site if you do not agree to these Terms and Conditions. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided, and shall also be retrospective when specifically stated. Please be advised that each and every time you use the Site will be taken to constitute your acceptance of the Terms and Conditions. You are responsible for regularly reviewing information posted on the Site to obtain timely notice of such changes.
Headings are inserted for convenience only and shall not affect the interpretation of the Terms and Conditions. Words imparting the singular shall include the plural and vice versa. References to persons shall include an individual or body corporate. References to “includes” or “including” or like words or expressions shall mean without limitation. These Terms and Conditions shall remain our copyright.
1. DEFINITIONS
a) “Account” means the account the Customer registers on the Site.
b) “Register” means when the Customer signs up to register as a Customer with the intention of purchasing a Product.
c) “Acknowledgement” means our acknowledgement of receiving the Customer’s Purchase Order, which will be sent to the Customer via email.
d) “Confirmation of Order” means the email sent by us to the Customer to confirm acceptance of the Customer order
e) “Contract” means the agreement to supply Product according to the Confirmation of Order
f) “Customer” means the person or legal entity identified in our Acknowledgement or Confirmation of Order
g) “Order” means the Purchase Order submitted by the Customer on the Site to us for a Product from Novexpert
h) “You” means the person or legal entity who is browsing the Site and/or Customer
i) “Password” means the password for the Customer’s Account
j) “Payment Portal” means the third party payment portal or gateway facilitates online payment services for electronic commerce
k) “Novexpert” or “We” means LiveLife Sdn Bhd (558942U) selling products to the Customer as identified in our Quotation or Invoice
l) “Product” means the products as described in Order Confirmation and other products listed in https://www.novexpert.my
m) “Confirmation of Order” means formal acceptance of Order of Customer.
2. OPENING AN ACCOUNT
2.1 To place an order Customer must first open an Account on the Site.
2.2 To open an Account, Customer must:
– be over 18 years of age
– possess a valid credit or debit card issued by a bank acceptable to us
– have an email address for us to communicate with Customer on matters related to the Site and especially in relation to any purchase order placed by Customer on the Site
– provide all the information stated on the Site as required
– ensure that the information provided is correct and accurate at all times
2.3 We reserve the right to accept or decline any request to open an Account and/or Order without assigning any reason. We further reserve the right to close any Account for any non-compliance of these Terms and Conditions.
3. ACCOUNT ACTIVATION & PASSWORD
3.1 Opening an Account involves an account activation process to:
– validate Customer’s email address
– confirm Customer’s account opening instructions
– set up Customer’s password
3.2 The Customer shall follow all the instructions provided on the Site and in the emails sent to the Customer from us as part of the Account opening process, to complete the opening of Account.
3.3 Customer’s Account shall be deemed to be opened only when the Customer has received an email confirming that his/her Account has been opened. Customer shall be issued an Account number, a username and a password as set up by the Customer during the account registration for his/her Account. Customer is advised to keep his/her password confidential. It shall be the Customer’s responsibility to prevent unauthorized use of his/her Account. We shall not be held responsible for any loss related to and/or resulting from any unauthorized use of the Customer’s Account howsoever arising.
4. ORDERING & CONFIRMATION OF ORDERS
4.1 All orders shall be made through the Site in accordance with the instructions provided on the Site.
4.2 Customer shall be responsible for checking and ensuring the product, quantities and prices are correct. Customer shall further be responsible for ensuring that all details provided are correct. Payment shall only be made through the approved payment gateway and/or portal as provided on the Site.
4.3 Unless otherwise stated on the Site, Customer shall pay for all shipping and handling charges and shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
4.4 Upon receiving the Customer’s Order, we shall notify the Customer via email an Acknowledgement to acknowledge receipt of his/her Order. This Acknowledgement of the Customer’s order does not constitute acceptance of the Customer’s order. We may refuse to accept an Order for any reason, including unavailability of supplies. Neither our Acknowledgment of a purchase Order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase Order shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof.
5. ACCEPTANCE AND CONFIRMATION OF ORDERS
5.1 Acceptance of the Customer order shall be in the form of a Confirmation of Order via email sent by us to the address provided in the Customer’s Account.
5.2 Prior to the sending of the Confirmation of Order, we reserve the right to refuse to process the Customer’s Order without assigning any reason.
6. CANCELLATION OF ORDER
6.1 Prior to our acceptance of the Customer’s order by the issuance of a Confirmation of Order to the Customer, the Customer may cancel his/her Order without assigning any reason. The cancellation of Order shall be in writing and shall be via email specified on Novexpert’s Site.
6.2 If we receive the Customer’s cancellation instruction prior to the Confirmation of Order, there shall not be any direct charges from us but we shall not responsible for any charges that may be imposed by the Customer’s credit card or debit card company (if any). However, we reserve the right to be reimbursed for any finance or administration charges imposed on us by any third-party.
6.3 If the Customer’s cancellation of Order is received after the Confirmation of Order, and the Product has been already been sent to the Customer, the Customer will be required to return the Product in accordance with the Delivery and Refund Policy.
6.4 If the Customer’s cancellation of Order is received after the Confirmation of Order but prior to dispatch, the Customer shall endeavor, without guarantee, to stop the delivery and assist in terminating the delivery process and cancelling the Order.
6.5 Subject to Clauses in the Delivery and Refund Policy, no Order shall be cancelled and refund shall be made to the Customer once the Product is delivered to and received by the Customer.
6.6 The Customer fully acknowledges that as his/her payment made paid via a third-party payment portal, we shall not be held responsible for the length of time required for refund or for any delays. We undertake to refund Customer’s payment, as soon as possible, less any reimbursable charges due to the third-parties including but not limited to the payment portal, our delivery service provider, supplier, manufacturer and others
7. PRODUCT WARRANTY & LIABILITY
7.1 Unless specified otherwise, we DO NOT give any warranty to the Customer that the Product is fit for any particular purposes as the respective manufacturer’s and/or distributor’s warranty has been provided in each Product sold by us. Customer shall contact the respective Product manufacturer and/or distributor directly within the prescribed time in the event the Product develops a fault. The Customer shall utilize that warranty for the support of such Product and in any event not look to LiveLife Sdn Bhd but shall look to the relevant manufacturer and/or distributor for such warranty support.
7.2 Customer shall be solely responsible for the evaluation of any Product and the decision to purchase and use any Product marketed on the Site.
7.3 We shall not be liable in contract or in tort for any loss or damage suffered by any Customer howsoever arising from use of the Product and consumer rights are limited to those set out in these Terms and Conditions.
7.4 Subject to clause 7.8, our total liability herein in respect of each event or series of connected events shall not exceed the amount invoiced for the applicable Product.
7.5 The Customer shall indemnify us and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misuse of the Customer or by any breach of its contractual obligations arising out of these Terms and Conditions.
7.6 Customer agrees that we will not be liable for Product being discontinued or not being available for use. We shall not under any circumstances be liable to the Customer for any
a) incidental, indirect, special or consequential damages,
b) loss of opportunity,
c) loss of revenue,
d) loss of profit or anticipated profit,
e) loss of business
f) loss of contracts,
g) loss of goodwill,
h) loss arising out of business interruption; and
i) loss arising out of or in connection with pollution or contamination, all arising out of or in connection with the purchase, use or performance of Product, even if we has been advised of their possibility.
7.7 Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by us shall be subject to correction without any liability on the part of us.
7.8 Where under any applicable law, implied conditions and warranties cannot be excluded, our liability for breach of such conditions and warranties shall be limited, at our option,
a) to the replacement of the Product or the supply of equivalent Product subject to the replacement policy stated in the Delivery and Refund Policy; OR
b) to the payment of the cost of replacing the Product or of acquiring equivalent Product
8 PRODUCT INFORMATION
8.1 We undertake to provide as accurate as possible the Product information based on information provided by the Product’s supplier, distributor and/or manufacturer. We shall not be held responsible for the accuracy or correctness of any information provided to us by the Product supplier, distributor and/or manufacturer.
9. CUSTOMER’S OBLIGATION
9.1 During the continuance of these Terms and Conditions or any agreement of sale made between us and the Customer, the Customer shall:-
(a) Make sure that proper environmental conditions (in particular those (if any) defined in the relevant Product’s user manuals) are maintained for the Product and shall further maintain in good condition the place where the Product is kept;
(b) Ensure that the Product is used in a proper manner, in accordance with the Product’s user manual;
(c) Use on or with the Product only such accessory, attachment, component or additional equipment or products as we recommend, or are recommended in accordance with the Product’s user manuals, or are commonly and properly used on or with the Product.
(d) Not use in conjunction with the Product any accessory, attachment, component or additional equipment or products other than those which are specifically approved as compatible by the relevant Product’s user manuals.
10. FORCE MAJEURE
We shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond our reasonable control and we shall be entitled to a reasonable extension of time for the performance of such obligations.
11. EXPORT RESTRICTIONS
11.1 Each party, at its own expense, will comply with all applicable laws, orders and regulations of any governmental authority with jurisdiction over its activities in connection with these Terms and Conditions and any agreement of sale in relation to the Product made between us and the Customer. Each party will furnish to the other party any information required to enable the other party to comply with applicable laws and regulations related to the Product. We and Customer acknowledge that any Product licensed or sold under any agreement of sale maybe subject to import/export control laws and regulations, including those of the countries from which it was supplied and in which it is used and agrees to abide by those laws and regulations. The Product purchased may not be sold or otherwise transferred to restricted end-users or to restricted countries. The Customer and us agree to comply with all applicable export laws, regulations and orders. In addition, each party agrees to indemnify, defend and hold the other harmless from any claims, demands or causes of action against the other due to the indemnifying party’s violation or alleged violation of the applicable import/export laws, regulations and orders.
12. GOVERNING LAW
12.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.
13. CONSUMERS
13.1 Nothing in these Terms and Conditions shall affect the statutory right of a Customer dealing with us as a consumer as defined in any consumer protection legislation intended to protect consumers in similar transactions.
14. GENERAL
14.1 The Customer shall not be assign or otherwise transfer any agreement of sale, or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of us. Any such unauthorized assignment shall be deemed null and void.
14.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
15. NO WAIVER
15.1 No failure or delay on us part in exercising any power or right under these Terms and Conditions or any agreement of sale operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
