| 1. GENERAL |
| | 1.1 | The information, material, content or advice contained in this website does not constitute an invitation to treat or offer to enter into a legally binding contract with the mallsentral.com and is provided for general information only. |
| | 1.2 | The Customer is advised to seek independent legal, financial or other advice as the Customer deems necessary at all times before making any decision based on any such information, material, content or advice. |
| | 1.3 | The information, material, contents and functions provided in this website may be changed from time to time without notice at the Mallsentral.com's absolute discretion. |
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| 2. DEFINITIONS AND CONSTRUCTION |
| | In these Terms and Conditions, unless the context requires otherwise, the following words and expressions shall have the following meaning: |
| | - "Account" means Customer's valid member account with the Mallsentral.com which may be accessed through the Mallsentral.com Services as may be determined by the Mallsentral.com from time to time.
- "Agent" means any third party offering products, services, content and information on this website.
- "Products Online Services" means products and services of the Mallsentral.com and its Agents as are made available to you on this website.
- "Business Hours" means seven (6) days a week and from 7 am to 11 pm (Malaysian Time).
- "Customer" means the person or persons in whose name(s) the Account(s) is/are maintained with the Mallsentral.com and to whom the Mallsentral.com has agreed to provide the Mallsentral.com Services and where applicable, the Customer's successors in title or legal representatives.
- "Instruction" means instructions given by the Customer in respect of the Customer's Account(s) via the Mallsentral.com Services.
- "Internet" means the global network computers, telecommunications and software which facilitate communication, whether electronic or otherwise, between person(s) and machines.
- "Network Service Provider" means any Internet service provider or any commercial online service provider providing connection to the Internet in addition to its own proprietary network.
- "Password" means a unique string of characters issued by the Mallsentral.com for the Customer's first time login to the Mallsentral.com Services for subscription over the counter and thereafter chosen by the Customer from time to time and known only to the Customer and the Mallsentral.com's computer system, which must be keyed in by the Customer on the Customer's computer terminal in order for the Mallsentral.com Services system to authenticate the Customer's User ID and grants the Customer access to the Mallsentral.com Services.
- "Products Online Services" means the selling product services which the Customer may access through the use of a personal computer terminal, modem and/or any other telecommunication device, over the Internet, upon the correct input of the Customer's User ID and Password.
- "Ringgit Malaysia" or "RM" means the lawful currency of Malaysia.
- "Terms and Conditions" means these Terms and Conditions governing the use of the Mallsentral.com Services.
- "User ID" means the identification access code issued by the Mallsentral.com for the Customer's first time login to the Mallsentral.com Services and thereafter chosen by the Customer which must be keyed in by the Customer in order for the Mallsentral.com Services system to associate the User ID with the Customer's user profile and account.
- "website" means Mallsentral.com.com or any other address as shall be determined and notified by the Mallsentral.com from time to time.
Words importing the singular shall include the plural and vice versa.
Words importing the masculine gender shall include the feminine and neuter gender and vice versa.In the event of any conflict in the interpretation of this Terms and Conditions in any language the English version shall prevail. |
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| 3. THE AGREEMENT |
| | 3.1 | The Terms and Conditions herein and all supplements, amendments and variations thereto shall collectively constitute the agreement between the Customer and the Mallsentral.com ("the Agreement"), and shall apply to the Mallsentral.com Services.The Terms and Conditions operate in conjunction with the respective terms and conditions and rules and regulations applicable to the Account(s) which the Customer represents that he has read, understood and agreed to be bound by without qualification or limitation by use of this website or any of its pages. |
| | 3.2 | In the event of any conflict or inconsistency between the Terms and Conditions herein and the terms and conditions and rules and regulations governing the relevant Account(s), the latter shall prevail for purposes of interpretation and enforcement to the extent of such conflict or inconsistency. |
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| 4. DISCLAIMERS |
| | 4.1 | The Mallsentral.com has taken reasonable care to ensure the accuracy of information materials and content given directly and exclusively by the Mallsentral.com. Notwithstanding the same, the information, materials and contents provided by the Mallsentral.com on this website are provided on an "as is" basis and are of a general nature and shall be subject to the Customer's obligation to take independent legal, financial or other advise as the Customer shall deem necessary. |
| | 4.2 | The Mallsentral.com, its directors, officers, employees or agents disclaim any express or implied warranty or representation including but not limited to conditions of merchantability, warranties of title, non-infringement of intellectual property rights, usefulness, accuracy, quality or fitness for purpose of the services or products transacted through this website. |
| | 4.3 | Neither the Mallsentral.com nor any other parties involved in the creation, production or delivery of the Mallsentral.com Services assume any responsibilities with respect to the Customer's use thereof. No oral or written information or advice given by the Mallsentral.com, its agents or the Mallsentral.com's employees shall create a warranty or in any way increase the scope of this warranty, and the Customer shall not rely on any such information or advice. |
| | 4.4 | The Mallsentral.com shall not be responsible or liable for any loss caused or damage incurred or suffered by the Customer or any other person as a consequence of using the Mallsentral.com Services on the Internet. |
| | 4.5 | The Mallsentral.com does not warrant or represent that access to the whole or part(s) of this website, the materials, contents, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect shall be corrected, or that there shall be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties shall be transmitted or that no damage shall occur to the Customer's computer system. |
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| 5. ACCESS AND USE OF MALLSENTRAL.COM SERVICES |
| | 5.1 | Application for subscription to the Mallsentral.com Services shall be subject to the Customer maintaining an existing and valid Account with the Mallsentral.com and further subject to such eligibility criteria that the Mallsentral.com shall deem fit. The Mallsentral.com is not obliged to provide reasons for any rejection of a Customer's application. |
| | 5.2 | Use by the Customer of the Mallsentral.com Services at any time and from time to time shall indicate to the Mallsentral.com the Customer's acceptance and agreement and continued acceptance and agreement of the provisions of the Terms and Conditions and of the risks in conducting any transaction over the Internet. |
| | 5.3 | Upon approval of the Customer's application to subscribe to the Mallsentral.com Services over the counter, the Customer will be provided with a User ID and Password. When the Customer logs in for the first time, the Customer shall replace the User ID and Password provided with a new User ID and Password of his choice.
The Password selected by the Customer may be changed by the Customer from time to time.
The Customer shall not disclose the Password to any person and staff of the Mallsentral.com and must take all precautions and security measures to prevent unauthorised and fraudulent use of the Customer's User ID and/or Password and the Mallsentral.com Services by the use thereof.
The Customer shall immediately notify the Mallsentral.com in writing in the event the User ID and/or Password have been compromised in any manner whatsoever. |
| | 5.4 | Access by the Customer to the Mallsentral.com Services shall be deemed to have been activated and all instructions and transactions issued thereafter shall be attributed to the Customer upon successful login of the User ID and Password notwithstanding that such access, instruction or transaction may have been made by a third party whether authorised or unauthorised.
The Customer further represents and warrants that all information and instruction forwarded to the Mallsentral.com from time to time through this website or otherwise is correct, validly issued and legally binding on the Customer.
The Mallsentral.com and/or third party service providers shall be entitled to carry out any instruction or transaction and/ or rely on any instruction or information provided in connection with the Customer's User ID and Password as if the Customer had transacted it and/or provided the information. The Customer shall be deemed to unconditionally and irrevocably agree that the Mallsentral.com shall not be liable for any loss or damage which the Customer and/or any third party may incur. |
| | 5.5 | The Customer is deemed to agree that instructions or transactions received by the Mallsentral.com are irreversible when received completed or relied upon by the Mallsentral.com. Instructions received by the Mallsentral.com during Business Hours where practicable shall be effected on the same day provided that it shall be in accordance with normal business practice, or such other date and/or time as the Mallsentral.com may from time to time determine having regard to the general practice of trading. |
| | The Mallsentral.com may at its sole discretion refuse to carry out any of the Customer's instructions or transactions where such instructions or transactions are inconsistent with the Mallsentral.com's policy or any law or any rules or regulations to which the Mallsentral.com is subject to or for any other reasons.
Notwithstanding the above, the Mallsentral.com is hereby authorised to comply with instructions received by the Mallsentral.com under the Mallsentral.com Services. |
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| 6. AVAILABILITY OF SERVICES |
| | 6.1 | The Mallsentral.com Services is intended to be available 5 days a week and from 7 am to 11 pm (Malaysian time). However, the Customer acknowledges that at certain times some or all of the Mallsentral.com Services may not be accessible due to system maintenance or other reasons or cause which are beyond the control of the Mallsentral.com. The Customer acknowledges that notwithstanding any provisions herein the Mallsentral.com does not warrant that the Mallsentral.com Services will be available at all times without interruption. |
| | 6.2 | In the event that any or all of the Mallsentral.com Services are not accessible for whatever reasons, the Customer agrees to use alternative means, including but not limited to telephone, to issue such instructions as shall be desired by the Customer at the material time. |
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| 7. AVAILABILITY OF FUNDS |
| | 7.1 | The Customer agrees and accepts that the Mallsentral.com is entitled to set such limits and conditions to all the transactions performed by the Customer through the Mallsentral.com Services as the Mallsentral.com deems fit from time to time. The Customer further agrees and accepts that the Customer's transactions is limited to such stocks availability that may be imposed by the Mallsentral.com from time to time. The Customer shall ensure that the limit shall be observed. |
| | 7.2 | Subject always to the Mallsentral.com's right of set-off as herein referred the Mallsentral.com shall not be obliged to execute or give effect to any instructions given or transactions performed by the Customer unless and until the Customer's Account has cleared funds and sufficient funds available. The Mallsentral.com's right of set-off as herein reserved may be exercised by the Mallsentral.com and any transactions performed and/or instructions given by the Customer may be performed in such order as the Mallsentral.com thinks fit. |
| | 7.3 | In the event the Customer's Account is overdrawn for any reason whatsoever including the exercise by the Mallsentral.com of its right of set-off or as a result of the Mallsentral.com executing the Customer's instructions, the Customer shall on demand pay to the Mallsentral.com the amount of moneys so overdrawn with interest thereon at such rate of interest as the Mallsentral.com shall deem fit and until such payment, the Customer shall abstain from performing any other transaction in the Customer's Account through the Mallsentral.com Services or otherwise. |
| | 7.4 | The Mallsentral.com does not warrant or represent that the information including details of the Customer's Account as relayed through the Mallsentral.com Services is a true and accurate representation or conclusive evidence of the state of the account. The Customer understands and agrees that details of the account as relayed above may not be current or up to date as there may be transactions performed and/or instructions given by the Customer pending processing by the Mallsentral.com at the material time. |
| | 7.5 | A Statement of Account duly certified by an authorised officer of the Mallsentral.com shall be final and conclusive and shall be binding on the Customer as evidence of all transactions carried out on the Customer's instructions. |
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| 8. EXCLUSION OF LIABILITY |
| | In addition to and nor in derogation of express provisions in the Terms and Conditions herein, the Mallsentral.com shall not be responsible or liable for any damage (whether special or consequential), loss, embarrassment, goodwill expenses or loss of profit incurred or suffered by the Customer by reason of or in connection with the followings : |
| | 8.1 | the Customer's use of the Mallsentral.com Services ; |
| | 8.2 | the Mallsentral.com Services not being available ; |
| | 8.3 | any access, use or inability to access or use this website and/or any other website linked to this website ; |
| | 8.4 | any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Mallsentral.com or its agents ; |
| | 8.5 | attack or interference by any computer virus, corruption, worms or by any person ; |
| | 8.6 | any failure or delay attributable to services provided by any Network Service Provider ; |
| | 8.7 | failure or delay in the execution of any of the Mallsentral.com's obligations due to any cause beyond the control of the Mallsentral.com including but not limited to causes such as strikes, industrial action, civil disturbances, flood, earthquake, landslides or Acts of God or computer, electronic, communications or electrical system failures of any nature whatsoever, malfunction or breakdown, or the interruption, non supply, breakdown or failure in supply of electricity or power for any length of time ; |
| | 8.8 | any inaccuracies, errors, defects of any content of this website or other websites linked to this website ; |
| | 8.9 | any operation malfunction or defect of the Customer's computer terminal, systems or software used in accessing the Mallsentral.com Services ; |
| | 8.10 | any omission, delay in performance or non-performance of the Customer's obligations under the provisions of the Terms and Conditions ; |
| | 8.11 | the Mallsentral.com acting on instruction transmitted with the use of the Customer's User ID and Password ; |
| | 8.12 | the access of any site linked to this website. |
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| 9. COPYRIGHT AND TRADEMARK |
| | Unless otherwise indicated, all copyrights, trademarks/ servicemarks, patents, logos and other intellectual property rights of the Mallsentral.com or others in this website and contents whereof and in the Mallsentral.com Services (including, but not limited to, all information, details, graphics, data, files, text, sound recordings and the sequence and arrangement of the same) shall at all times vest and remain vested in Mallsentral.com or the relevant third party proprietor as the case may be. No part or parts of this website may be reproduced, copied, modified, distributed, published, transmitted, stored, performed, licensed, sold or altered without the prior written consent of an authorised person of the Mallsentral.com or the relevant third party proprietor as the case may be. The insertion of a link to this website on any other website, frame or "mirror" any content of this website on another website or server is prohibited unless with the prior express written consent of an authorised person of the Mallsentral.com or the relevant third party proprietor as the case may be. |
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| 10. LINKS |
| | The Customer is advised that the Mallsentral.com may from time to time include links from or to websites that are owned or operated by third parties not under the control of Mallsentral.com. Mallsentral.com will be held responsible or liable for the contents of the websites of such third parties or any consequences of accessing the said websites. Mallsentral.com does not endorse or verify the contents of such linked sites.Any person who links to this website without the express written consent of the authorised person of Mallsentral.com shall be liable for any claim arising out of unauthorised linking. |
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| 11. DISCLOSURE |
| | 11.1 | In order to provide the Customer with the wide range of products and services offered by the Mallsentral.com on the Internet, it is necessary for true and accurate information about the Customer to be made known or available to Mallsentral.com.
If the Customer does not agree to the Mallsentral.com revealing or divulging the information provided by the Customer to Mallsentral.com's marketing related agents, and/or advertising agents.
GREEN APPLE SOFTWARE
No 5, Jalan 4, Taman Kristal 2,
86400 Parit Raja, Batu Pahat,
Johor, MALAYSIA.
Email: enquiry@mallsentral.com | |
| | 11.2 | The Customer is agreeable to the disclosure of the Customer's personal information to such persons stated therein and as permitted by law. |
| | 11.3 | Whilst the Mallsentral.com is committed to take reasonable care and use its best endeavours to ensure that information transmitted and received is secure, the Customer acknowledges the risks involved in using the Internet and that the Mallsentral.com cannot guarantee the security of the said information and that it may not be accessed by unauthorised third parties. The Customer agrees not to hold the Mallsentral.com responsible for any loss or damage suffered arising from the disclosures as specified herein. |
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| 12. SHIPPING CHARGES & TAX |
| | The Customer hereby agrees and undertakes to pay to the Mallsentral.com all such service or transaction charges which the Mallsentral.com may impose from time to time in respect of or in connection with the Mallsentral.com Services. Such service or transaction charges shall be debited from the Customer's Account with prior notice. |
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| 13. TERMINATION |
| | 13.1 | Notwithstanding anything herein to the contrary, the Mallsentral.com may at any time, in its absolute discretion suspend or terminate the Customer's right of access to the Mallsentral.com Services or any portion thereof without notice and without any obligation to give any reasons therefore or for any reasons whatsoever. |
| | 13.2 | The Mallsentral.com is entitled to terminate the Customer's rights of access to the Mallsentral.com Services should the Customer cease to maintain any Account with the Mallsentral.com which can be accessed via the Mallsentral.com Services or should the Customer's access to such Account(s) be restricted by the Mallsentral.com or any other party for any reason. |
| | 13.3 | The Customer acknowledges that termination will not affect the Customer's liability or obligations in respect of instructions already processed and/or effected by the Mallsentral.com on the Customer's behalf. |
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| 14. EQUIPMENT AND NETWORK ACCESS |
| | 14.1 | The Customer shall, at his own cost and expense, be responsible for the purchase, cost, installation, maintenance use and repairs (if any) of the computer equipment, other telecommunication equipment and software ("the Equipment") necessary for the Customer to access the Internet and to the Mallsentral.com Services. The Equipment shall be in accordance with the specifications, if any, prescribed by the Mallsentral.com from time to time. |
| | 14.2 | The Customer shall be responsible for all telecommunication charges incurred including such subscription charges, fees and other charges imposed by the Network Service Provider and any other third parties. |
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| 15. CUSTOMER'S DUTY OF CONFIDENTIALITY |
| | The Customer hereby acknowledges the strict requirement of confidentiality and obligation imposed upon the Mallsentral.com under the Cyberlaw and undertakes not to do or cause to be done any act or omission which may cause the Mallsentral.com to breach its strict duty of confidentiality and obligations as aforesaid.
In the event the Customer receives any material or data containing information where the Customer is not the intended recipient, the Customer is hereby put on notice that any use, dissemination, distribution or copying of the material or data is prohibited and subject to legal privilege. The Customer agrees to delete such material or data and further agrees to notify the Mallsentral.com by telephone immediately. |
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| 16. INDEMNITY |
| | 16.1 | The Customer agrees to indemnify and keep the Mallsentral.com fully indemnified against any and/or all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements of any kind whatsoever which may be imposed on, incurred by or asserted against the Mallsentral.com in respect of any statement, representation, communication, act and/or omission in any way relating to or arising out of the negligence of or wilful misconduct of or breach of or any omission, delay, default or failure of the Customer's obligations under the Terms and Conditions as provided herein or howsoever caused by the Customer and/or any of its officers or employees in the performance of its obligations under the Terms and Conditions. |
| | 16.2 | The Customer further agrees that the Mallsentral.com shall not be liable to the Customer for and with respect to any third party claim and the Customer shall indemnify and hold the Mallsentral.com harmless from and against any liability claim loss damage or expense of any kind (including strict liability in tort) relating to or arising out of third party rights and the infringement thereof. |
| | 16.3 | The Customer undertakes to indemnify the Mallsentral.com for any breach of secrecy and any consequences arising therefrom, which shall include any unauthorised or unlawful access to the information by any third party employing any means whatsoever. |
| | 16.4 | The Mallsentral.com shall not be responsible for fraudulent or unauthorised instructions, or any loss (including consequential loss), damage or liability whatsoever suffered and/or incurred by the Customer unless arising through the negligence or wilful default of that respective company of the Mallsentral.com. |
| | 16.5 | The Customer's obligations herein shall survive the termination of any of the Mallsentral.com Services to the Customer by either party. |
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| 17. WAIVER |
| | No failure or delay on the part of the Mallsentral.com in exercising nor any omission to exercise any right, power, privilege or remedy provided in the Terms and Conditions shall constitute a waiver or acquiescence of such default which shall affect or impair any right, power, privilege or remedy herein. |
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| 18. SEVERABILITY |
| | If any of the Terms and Conditions become invalid, illegal, or unenforceable pursuant to any law, then the validity, legality and unenforceability of the remaining provisions shall not in anyway be affected or impaired. |
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| 19. CHANGE OF TERMS AND CONDITIONS |
| | The Mallsentral.com reserves the right to vary, amend or supplement any of the Terms and Conditions by way of notice in such manner as deemed suitable by the Mallsentral.com from time to time. Notwithstanding the same, the Customer should be able to view the revised Terms and Conditions upon access to the Mallsentral.com Services at this website and use of the services thereafter shall constitute the Customer's acceptance to the variations, amendments or supplements. |
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| 20. NOTICES |
| | The Customer hereby consents to all notices and other communications which concern the Mallsentral.com Services or are required under the Terms and Conditions or may be given by the Mallsentral.com in any one of the following manners: |
| | 20.1 | By ordinary post to the Customer's last known address in the Mallsentral.com's records and such notification shall be deemed received two (2) days after posting. |
| | 20.2 | By electronic mail to the Customer's last known e-mail address in the Mallsentral.com's records and such notification shall be deemed received twenty four (24) hours after sending. |
| | 20.3 | By display in the Mallsentral.com's business premises and such notification shall be deemed effective upon such display. |
| | 20.4 | By way of advertisement in one insertion in any national newspaper and such notification shall be deemed effective on the date of publication of the advertisement in any such newspaper. |
| | 20.5 | Broadcasting a message on this website. |
| | 20.6 | If notified to the Customer in any other manner as the Mallsentral.com deems fit. |
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| 21. LAW AND JURISDICTION |
| | The use of the Mallsentral.com Services on this website and the Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malaysia and the parties hereby submit to the exclusive jurisdiction of the Courts of Malaysia notwithstanding that the Mallsentral.com Services on this website may be accessed in other jurisdictions and not restricted to Malaysia.
The use of the Mallsentral.com Services outside of Malaysia is subject to the Exchange Control Act 1953 and the Exchange Control Regulations of the Central Bank of Malaysia, any fiscal or Exchange Control requirements or regulations operating in the country where the transaction is effected or requested.
The maximum amount of a transaction and the purpose for which is effected may be determined by Central Bank of Malaysia and the laws and regulations of the country in which the transaction is effected or requested.
The Customer hereby agrees that the Customer shall be solely responsible for the compliance with all laws applicable to the Customer in the Customer's jurisdiction in respect of the use of the Mallsentral.com Services. |
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