Term and Condition
Welcome to the Azomis website (the “Site”). These terms and conditions (“Terms and Conditions”) apply to the Site, Nozlabs Sdn Bhd (1313056-P), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. “Azomis” means Nozlabs Sdn Bhd,a company incorporated in Malaysia under registration number 1313056-P and having its registered address at B-5-8, Plaza Mont Kiara, Mont Kiara 50480 Kuala Lumpur. By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. 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. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF THE SITE
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
USER SUBMISSIONS
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
ARBITRATION
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
Terms of Use
- Interpretation
- In these Conditions:
- “Buyer” means the person who accepts a quotation of Azomis for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Azomis;
- “Conditions” mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Azomis;
- “Contract” means the contract for the purchase and sale of Goods, howsoever formed or concluded;
- “Goods” means the goods (including any instalment of the goods or any parts for them) which Azomis is to supply in accordance with a Contract;
- “Writing” includes electronic mail facsimile transmission and any comparable means of communication.
- “Azomis” means Nozlabs Sdn Bhd, a company incorporated in Malaysia under registration number ( 1313-056-P)
- Any reference in these 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.
- The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
- In these Conditions:
- Basis of the Contract
- The supply of Goods by Azomis to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
- Any information made available in Azomis’s website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
- No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Azomis
- Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Azomis in its website shall be subject to correction without any liability on the part of Azomis.
- Azomis may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
- Orders and Specifications
- Order acceptance and completion of the contract between the Buyer and Azomis will only be completed upon Azomis issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Azomis shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Azomis shall furthermore be entitled to require the Buyer to furnish Azomis with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
- No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Azomis and on terms that the Buyer shall indemnify Azomis in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by Azomis as a result of the modification or cancellation, as the case may be.
- Price
- The price of the Goods and/or Services shall be the price stated in Azomis’s website at the time which the Buyer makes its offer purchase to Azomis. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Azomis in addition to the price.
- Delivery/Performance.
- 5.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
- Azomis has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
- Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Azomis shall not be liable for any delay in delivery or performance howsoever caused.
- Risk and property of the Goods
- Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Azomis has tendered delivery of the Goods.
- Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until Azomis has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Azomis to the Buyer for which payment is then due.
- Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Azomis’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
- The Buyer agrees with Azomis that the Buyer shall immediately notify Azomis of any matter from time to time affecting Azomis’s title to the Goods and the Buyer shall provide Azomis with any in-formation relating to the Goods as Azomis may require from time to time.
- Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) Azomis shall be entitled at any time to demand the Buyer to deliver up the Goods to Azomis and in the event of non-compliance Azomis reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
- The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Azomis but if the Buyer does so all moneys owing by the Buyer to Azomis shall (without prejudice to any other right or remedy of Azomis) forthwith become due and payable.
- The Buyer shall indemnify Azomis against all loss damages costs expenses and legal fees in-curried by the Buyer in connection with the assertion and enforcement of Azomis’s rights under this condition.
- Force Majeure
- Azomis shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Azomis’s obligations if the delay or failure was due to any cause beyond Azomis’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Azomis’s reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
- import or export regulations or embargoes;
- interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Azomis or of a third party);
- interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
- power failure or breakdown in machinery.
- Azomis shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Azomis’s obligations if the delay or failure was due to any cause beyond Azomis’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Azomis’s reasonable control:
- Termination
- On or at any time after the occurrence of any of the events in condition
- Azomis may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
- The events are:-
- the Buyer being in breach of an obligation under the Contract;
- the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
- the making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;
- the Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
- On or at any time after the occurrence of any of the events in condition
- General
- Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
- No waiver by Azomis of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these 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 Conditions and the remainder of the provision in question shall not be affected thereby.
- No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.2.
- The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause9.7The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause9.7
- Except as provided for in Clause 9.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLR-CA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
- Notwithstanding Clause 9.6, Azomis shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
- The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.
- Azomis reserves their right to these terms and conditions of sale at any time.