1. Website Ownership
The Website is operated and owned by Hong Leong Yamaha Motor Sdn Bhd (Company No. 46829-P), having a business address at Kompleks Hong Leong Yamaha, Lot 57 Persiaran Bukit Rahman Putra 3, 47000 Sungai Buloh, Selangor Darul Ehsan, trading under https://shoponline.yamaha-motor.com.my.
In the Website, references to the following terms shall have the meaning as prescribed to them respectively as below:-
“HLYM”,” our”, “us” and “we” means Hong Leong Yamaha Motor Sdn Bhd
“Intellectual Property” means all intellectual property rights and proprietary rights including but without limitation to rights to patents, rights in circuit layouts, trademarks, service marks, trade names, registered designs, copyrights, logos, graphics, photographs, animations, videos and text, and other forms of intellectual proprietary or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights and any licenses and permission in connection therewith, in each case in any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registrations in connection with the foregoing
“Linked Sites” means all links from our Website
“Order” means the order submitted by you via HLYM’s online platform / website for the purchase of Products from us
“Products” means:- (a) apparel; (b) merchandise; (c) accessories; and / or (d) other products; all under the brands of “Yamaha”, “GenBlu, “Mascott” and any other brands as may be made available for sale on the Website
“Purchase” means the Order has been received and the payment has been confirmed by way of an email sent by HLYM to you confirming your Order
“Services” means the use of services offered by HLYM including the use of the Website, ordering and delivery facilities
“Website” means https://shoponline.yamaha-motor.com.my or the mobile website or any such tool, application or programme that has the function of connecting or communicating the Website as may be made available by HLYM or on its behalf
“Terms and Conditions” means terms, conditions, policies, notices and disclaimers contained in the Website and/or available by hyperlink, which may be revised by HLYM from time to time, and such other terms as may be issued by HLYM from time to time and which terms are published by HLYM or on its behalf on the Website
3. Access and Use
3.1 Your access to and use of the Website, including all information, materials, tools and services available from the Website is conditioned upon your acceptance of all Terms and Conditions.
3.2 These Terms and Conditions shall also apply to the Purchase of Products by you via the Website to the exclusion of all other terms and conditions which you may purport to apply under any purchase order, confirmation/ acknowledgement of order or any other similar documents.
3.3 By accessing, using and/or ordering any Products from our Website, you agree to these Terms and Conditions and represent that you are over eighteen (18) years of age and have the right, authority and capacity to accept these Terms and Conditions. You further agree that you have read and understood the Terms and Conditions. If you do not agree to the Terms and Conditions, do not access and/or use the Website.
3.4 Linked Sites are provided for your convenience and solely as an information source. Whilst every care is taken to ensure the accuracy of the information and content, you agree that the information and content that may be viewed by you at a Linked Site are not created, managed, controlled, reviewed or approved by us, and shall not be deemed to be provided by us. Accordingly, we do not make any representations or warranties as to the content of the Linked Sites. We take no responsibility, nor do we endorse the accuracy, completeness, timeliness, suitability, validity, reliability of any information or content of the Linked Site. You agree that you may rely on such information or content at your own risk. We expressly disclaim any liability for any loss or damage incurred or suffered by you or any third party arising out of, in connection with, or as a result of this linkage. We reserve the right at all times and at our discretion to disable any unauthorized links or frames from the Website.
4. Modification to the Website, Products and Pricing
4.1 Any new features, tools and/or services which are added to the Website shall also be subject to the Terms and Conditions. The latest version of the Terms and Conditions can be found at any time on the Website.
4.2 We reserve the right to modify or discontinue the Products and pricing for the same (whether in part or in full), as shown on the Website, at any time without prior notice to you. You acknowledge that we shall not be liable to you or any third party for any modifications, revisions to pricing, suspension and / or discontinuance of the Products made available on the Website and the pricing for the same that takes place prior to Purchase.
5.1 In order for you to place an Order for the Products after checkout, you must complete the Guest Detail Registration section, by providing us with any and all information as may be required by us. Guest Detail Registration of an account is subject to our sole and absolute discretion. We shall not be responsible or liable for any registration issues, including nonregistration or delay in registration, whatsoever.
5.2 You shall provide us with accurate, complete and up-to-date account information and you must also ensure that any changes to the information provided to us shall be updated to us via the use of the relevant tools / sections on the Website. Failure to do so shall constitute a breach of this Terms and Conditions which may result in the restriction, suspension or deletion of your account.
5.3 You are solely responsible for safeguarding and maintaining your account and your submission, disclosure and use of your personal details and we shall not be liable for any losses or damages arising out of or in connection with any unauthorised use of your account or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your personal details, save and except for direct losses or direct damages due to our gross negligence.
6. Suspension and Deletion of Account
6.1 You may at any time delete your account with us by contacting us. We reserve our rights at any time for any reason whatsoever and at our sole and absolute discretion to delete or suspend your account. Our deletion or suspension of your account shall not in any manner whatsoever affect your liabilities under these Terms and Conditions and you agree that we shall not be liable for any losses or damages suffered by you arising out or in connection with our deletion or suspension of your account or any action carried out by HLYM, save and except for direct losses or direct damages due to our gross negligence.
7. Intellectual Property Rights
7.1 Unless expressly stated in writing by us otherwise, we shall own all Intellectual Property in and related to the Website and any information available on it.
7.2 Your access of the Website does not in any manner whatsoever grant you any right in relation to our and / or other third parties’ (where applicable) Intellectual Property.
7.3 You are not permitted to publish, distribute, display, manipulate, reproduce, transmit, broadcast, podcast, webcast or otherwise share, in any format, any of the content and / or information supplied to, accessed by and / or disclosed to you in connection of your access and / or use of the Website and you shall not and are not permitted to use such content and / or information in connection for any business or commercial purposes in any manner whatsoever.
8. Prohibited Use of the Website
8.1 In addition to all other prohibitions as may be contained in these Terms and Conditions, you are further prohibited from accessing and / or using the Website or its content:-
(a) for any unlawful, illegal, obscene and / or immoral purpose;
(b) to solicit others to perform or participate in unlawful or illegal activities;
(c) violate any national and state laws, rules, regulations, ordinances and / or any other regulatory restrictions;
(d) to infringe or violate our Intellectual Property rights or that of third parties;
(e) to harass, defame, slander, disparage, intimidate or discriminate against any person;
(f) to submit false or misleading information;
(g) collect or track the personal information of any other person;
(h) interfere with the security features of the Website or any other third party’s websites, or the internet;
(i) otherwise transmit, submit, interfere, disrupt, disable, destroy or impair the functioning of the Website or any other third party’s websites, or the internet.
8.2 We reserve the right to terminate your account and prevent your further access and / or use of the Website if you are discovered to have engaged, participated and / or performed any of the prohibited uses as set out in these Terms and Conditions.
9. Amendments, Variation or Modification to the Terms and Conditions
9.1 We reserve the right to revise, vary, modify, supplement and / or amend these Terms and Conditions from time to time by posting them on our Website without providing any reason or prior notice to you.
9.2 You acknowledge that it is your responsibility and obligation to check this page periodically for amendments to these Terms and Conditions. Your continued use of or access to the Website following the posting of any amendments constitutes your acceptance of those amendments to the Terms and Conditions.
10.1 You agree to indemnify, defend and hold harmless HLYM, its directors, officers, employees, consultants, agents and affiliates, from any and all third party claims, liability, damages and / or costs (including but not limited to, legal fees) arising from your access to and / or use of the Website and / or your breach of the Terms and Conditions.
11. Personal Data Protection
Products – Ordering, Pricing, Payment, Liability
12.1 Any images or photographs of the Products that we put on the Website are for illustration purposes only and serves to provide you with an impression of the Products to be ordered by you. The actual Products available for purchase may slightly differ from that shown in the images or photographs.
12.2 We shall endeavour to ensure that the colours, sizes and details are displayed accurately. We however cannot guarantee that your computer, or the medium by which you perceive the Products placed on the Website, displays of colours or details will accurately reflect the Products made available by us. As such, you acknowledge that the Products you receive may slightly vary from those advertised on the Website.
12.3 You agree that our catalogues, price list and other advertising material for the Products do not constitute an offer for sale and shall not form any part of any contract between you and us. Any information or description of the Products appearing in our catalogues, brochures and other publications are merely recommendations for your consideration. In view that it is not possible for you to infer any warranted or warrantable qualities or warranted use from these details, it is your obligation to verify the suitability of the Products for the use or application intended by you.
12.4 Notwithstanding any description, details or images of the Products in the Website, you are afforded the relevant period of time as stipulated in the Refund and Exchange Policy to inspect the Products delivered to you and upon the lapse of the period stipulated therein, you are deemed to have accepted the Products and acknowledge that the same is fit and suitable for your intended use and purpose.
13. Product Order
13.1 Only one (1) E-Voucher or Voucher code can be used per transaction unless permitted by us. We will not entertain any alteration/addition of Voucher codes post submission of your Order on the Website.
13.2 Your Order together with the full payment of the price of the Products will constitute an offer by you to buy our Products based on the Terms and Conditions only (“Offer”). Such Offer shall not constitute a binding contract between us unless accepted by us in accordance with Clause 13.3.
13.3 Your Offer is considered accepted by us upon all the following conditions being satisfied:-
(a) you meeting the eligibility criteria as set out in Clause 13.9;
(b) the availability of the Products; and
(c) our receipt of your full payment for the Products ordered in the form of an authorised payment; and
(d) our issuance of an e-mail to you confirming that we have begun processing your Order.
In the event one or more of the conditions above are not met, the Offer and your Order for the Products shall not be accepted by us and there shall be no contract between us.
13.4 We reserve the right to refuse any Order you place with us at our sole discretion and in the event we exercise such right to refuse your Order, we shall not be held liable for any losses or damages suffered by you in any manner howsoever arising.
13.5 If, for any reason, any or all the Products you have ordered are or become unavailable or there has been an error in the price on our site, we will endeavour to notify you as soon as practicable and advise you of the revised pricing and / or delivery date(s), or refund you the amount paid by you for the Products as soon as reasonably possible. Save for this paragraph, you shall have no claims, remedies and / or reliefs against us due to the unavailability of the Products or an error in the pricing for the same.
13.6 In these Terms and Conditions, “Force Majeure Event” means any event, condition or circumstance beyond the reasonable control of a party, including without limitation:
(a) act of God including earthquake, drought, tidal waves, floods, lightning or exceptionally adverse weather conditions;
(b) war, terrorism, hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection, riot or embargo (or the threat of, or preparation for, such events);
(c) labour disputes including strikes, industrial actions, lockouts or boycotts;
(d) act, order or recommendation (including, without limitation movement control order, lockdown, state of emergency or closure of buildings or borders) made, given or declared by any government or authority;
(e) fire, explosion, accident or any other similar event, condition or circumstance;
(f) public health emergency, disease outbreak, epidemic or pandemic; and
(g) failure, interruption or malfunction of utilities, communications or computer systems or services, including any material security breach or other material compromise of or relating to any of a party’s information technology and computer systems, networks, hardware, software, data, equipment or technology.
For the purpose of interpretation of this Clause, the ejusdem generis rule shall not apply.
13.7 Neither party shall be liable to the other party if the performance of all or any part of its obligations under any contracts made between us pursuant to these Terms and Conditions (other than the obligation to make payment hereunder) is prevented, hindered, delayed or otherwise adversely affected (whether directly or indirectly) due to or arising from, out of or in connection with a Force Majeure Event or its consequences. In such circumstances, subject to Clause 13.8 below, the time for performance shall be extended until the Force Majeure Event or its consequences ceases to exist.
13.8 If the Force Majeure Event or its consequences prevents, hinder, delays or otherwise adversely affects the affected party’s performance of all or any part of its obligations under any contracts made between us pursuant to these Terms and Conditions (other than the obligation to make payment(s) therein) for a period exceeding 30 days, either party may terminate such contracts made between us by giving written notice to the other party. Upon such termination for a Force Majeure Event, neither party shall have any liability to the other (other than any such liabilities that have accrued prior to such termination).
13.9 By placing an Order through our Website, you warrant that:-
(a) you are at least 18 years old;
(b) you are legally capable of entering into binding contracts;
(c) all information that you provide to us is complete and accurate; and
(d) the Products are purchased in your individual capacity for non-commercial, personal and domestic use.
14. Price and Payment
14.1 The price of the Products will be as that currently quoted on our Website, unless there is an obvious error.
14.2 All prices quoted are inclusive of Government Taxes (as hereinafter defined). Tax” means any present or future, direct or indirect, Malaysian or foreign tax, levy, impost, duty, charge, fee, deduction or withholding of any nature, that is imposed by any Appropriate Authority, including, without limitation, any consumption tax such as the applicable sales and services tax and other taxes by whatever name called, and any interest, fines or penalties in respect thereof. “Appropriate Authority” means any government or taxing authority.
14.3 Whilst we try to ensure that all prices on our Website are accurate, errors may occur. If we discover an error in the price of the Products that you have ordered, we will inform you as soon as possible to give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you or if we do not receive any response from you, we will treat the Order as cancelled. If we take the action to cancel the Order for which you have already paid for the Products, you will receive a full refund as soon as reasonably possible.
14.4 Product prices are subject to changes at any time, but such changes will not affect Orders which we have already accepted based on paragraph 13.3 above.
14.5 Full payment for all Products must be made either by online payment, credit card and/or debit card.
15. Title and Risk
15.1 Title and risk to the Products will pass to you upon delivery of the Products to the delivery destination subject to the assumptions as set out under the section titled “Delivery”.
16. Products will be delivered within 5 working days from our receipt of authorised confirmation of your full payment for the Products ordered and subject to Clause 20 below (“Delivery Date”) to an address within Malaysia (P.O. boxes not included) as specified by you in your Order (“Delivery Address”).
17. Delivery will be between Monday to Friday, 9.00AM to 5.30PM, and Saturday, 9.00AM – 12.30PM, excluding public holidays that apply to all states in Malaysia, state holidays affecting the location of the recipient, public holidays in Wilayah Persekutuan Kuala Lumpur and Selangor Darul Ehsan as well as when we are closed for business as specified in our Website.
18. Whilst we endeavour to deliver the Products to you, please note that some locations may not be within our delivery area. In such an event, we will inform you using the contact details that you have provided to us when you make your Order to arrange for cancellation and / or an alternative delivery address.
19. No partial delivery is allowed and every Order is applicable for one (1) delivery trip.
20. A delivery fee depending on the location of delivery will be charged. Occasionally we will provide free delivery. For example, during Sales campaign, festival sale or stock clearance.
21. For Products with available stock, we will endeavour to deliver the Products pursuant to the Delivery Date at the Delivery Address. For Products without available stock, our customer service will inform you using the contact details that you have provided to us when you make your Order to advise you of the revised delivery date(s) or to arrange for a refund of the amount paid by you.
22. Any dates quoted for delivery of the Products are approximate only and delays may occur. The time for delivery shall not be of the essence and HLYM shall not be held liable for any delay in delivery howsoever caused.
23. Delivery shall be deemed to have been made and you shall be deemed to have accepted the Products upon our delivery of the Products to you at the Delivery Address and upon the delivery order (“Delivery Order”) being endorsed by any person present thereat. In this regard, we shall not be responsible to verify and / or ensure that the Products have been delivered to or is collected by you or your representative and to the extent as permitted by law, shall not be liable for any loss or damage to you by reason of unauthorized collection of the Products.
24. In the event there is no representative at the Delivery Address to receive the Products on the day on delivery a notification card will be left at delivery address which notification shall provide that you are to either: –
(a) contact our transporter to arrange for the second (2nd) delivery of the Products to you; or
(b) personally collect the Products from our transporter’s hub, details of which can be found in the notification; on or before the final collection date which shall also be stated in the notification card.
25. If there is no representative at the Delivery Address to receive the Products on the day arranged for the second (2nd) delivery, our transporter will within one (1) working day from the second (2nd) delivery attempt date contact you to make the necessary arrangement for either:-
(a) the delivery of the Products to you; or
(b) collection by you of the Products from our transporter’s hub;
on or before the final collection date as previously stated in the notification card given to you earlier during the first delivery attempt.
26. In the event the second (2nd) and third (3rd) attempt of deliveries are unsuccessful or you do not make any arrangements for such deliveries or you do not collect the Products from the transporter’s hub within the final collection date as stated in the notification card given to you during the first delivery attempt, the transporter shall then return the Products to HLYM without any notification to you. Without derogation from any other right or remedy available to us, we reserve the right to charge you for any cost and / or expense reasonably incurred by us and you shall be liable for the full extent of damages, losses or expenses suffered by us arising from your failure and / or refusal to take delivery of the Products, including without limitation to storage and / or administrative costs and / or diminution in the value of the Products.
27. Notwithstanding Clause 26 above, we reserve the right to treat your failure and / or refusal to accept delivery of the Products at the Delivery Address on the Delivery Date and / or to make arrangements for a subsequent delivery of the Products as your repudiation of the applicable Contract and you shall be held liable for any losses and / or damages suffered by us arising out of your act of repudiation, including consequential and / or incidental losses. We reserve the right to offset monies paid by you upon Purchase against any losses and / or damages suffered by us arising out of your act of repudiation, including consequential and / or incidental losses.
28. You acknowledge that any failure of the Products to comply with your Order in any manner whatsoever is capable of being remedied by us whereby, pursuant to our Refund and Exchange Policy, upon such failure being notified to us within 3 days from the delivery date, we shall at our discretion repair or provide you with an exchange of the Products or where repair or a replacement cannot reasonably be performed by us, to effect a refund of the price paid by you for the same.
29. You should ensure that you are satisfied that the Products supplied, are correct to the original Order. All Products should be thoroughly unpacked and inspected upon our delivery of the same and pursuant to our Refund and Exchange Policy. Should you have any queries or questions on the Products, please contact our Customer Service Team at eApparel@yamahamotor.com.my
30. The delivery charges stated on HLYM’s website are inclusive of tax.
31. Save where any delay in delivery is due to your breach of these Terms and Conditions, all risk in the Products shall pass to you absolutely upon delivery of the same to you or your representative present at the Delivery Address. Where delay in delivery of the Products is due to your breach of these Terms and Conditions, all risks in the Products shall pass on the Delivery Date notwithstanding that the same has been delayed due to your breach. Upon risk in the Product being passed to you, we shall no longer be liable for any damage, loss and / or destruction to the Products.
32. We reserve the right at our sole-discretion to sub-contract all or any of our obligations for the delivery of the Products to any third party as we may from time to time deem fit without providing notice to you. We shall not be held liable for any damages and / or losses suffered by you in the event of wilful default and / or gross negligence by the third party in performing all or any part of the delivery obligations of the Products.
Refund, Exchange and Cancellation Policy
33. Refund and Exchange of Products
33.1 Subject to Clause 33.6, Products delivered to or collected by you or your representative are non-refundable and non-exchangeable.
33.2 All Products must be inspected by you or your representative upon receipt of delivery of the same. You acknowledge that any failure of the Products to comply with your Order in any manner whatsoever is capable of being remedied by us in the manner as set out in Clause 33.6.
33.3 Upon inspection of the Products by you or your representative, you shall notify us in writing or through our Webpage under the Contact Us column of the exact quantity of Products which is missing from the delivery (if any) and/or the extent of the damage and/or defect to the Products within three (3) days from the delivery date. In the event such notification is not received by us within three (3) days, you shall be deemed to have accepted the Products and are satisfied with the quantity, quality and fitness of the said Products.
33.4 Upon our receipt of your notification as stated in Clause 33.3, our customer service representative will contact you for further clarification on your claim of the damaged and/or defective Products, and if it is determined that the damage and/or defect to the Products is caused or due to reason attributable to us, the manufacturer and/or supplier the consequences as provided in Clause 33.6 shall apply.
33.5 Subject to Clause 33.6, in the event an inspection (including any testing if required) of the Products by our representative reveals that the damage and / or defect to the Products is not caused or due to any reason attributable to us, the manufacturer and / or supplier, we will not be held liable for any claims by you.
33.6 If the damage and / or defect to the Products is caused solely by us, the manufacturer or supplier, we will, repair or replace such damaged and / or defective Product(s), or where repair or a replacement cannot reasonably be performed by us, to provide you with a refund of the price for such damaged or defective Product(s). All replacement of Product(s) shall be on a “like for like” basis. If the said Product is unavailable, you are allowed to exchange the Products for a Product of the same or higher value whereby any difference in price for the Product of a higher value shall be borne by you. If the Products to be exchanged is of a higher value, we will only deliver to you such exchanged Product after we have received from you the difference in the price. For avoidance of doubt and to the extent permitted by law, our liability in respect of the damaged and / or defective Product(s) is limited to this Clause 33.6 and we shall not be held liable for any further claims by you in respect of such damaged and / or defective Products.
33.7 To the extent permitted by law, your remedies in respect of the damaged or defective Products as set out in Clause 33.6 hereof shall be the sole and exclusive remedy available to you and represents our sole obligations in respect of our supply and your use of the Products.
34.1 You may cancel any Order with an administration fee of RM20. All monies received in respect of the Order less the administration fee shall be refunded to you as soon as practicable. No cancellation shall be entertained after your ordered Products are ready for picking and packing by us.
Limitation of Liability
35. Disclaimer and Limitation of Liability on Access and / or Use of the Website
35.1 While we may take all steps to ensure that all content and / or information displayed on the Website is accurate and complete, we provide the content and / or information for informative purposes and on an ‘as is’ basis without giving any representations and / or warranties and / or guarantees regarding the accuracy, completeness, reliability, or application of the content on this Website, including the information, text, graphic, links or other items contained within the content, whether express or implied under the general body of law or otherwise, to the fullest extent that the applicable laws permit and pursuant to the exceptions as permitted under such applicable laws.
35.2 In no event shall HLYM be liable for any damages or losses of any kind howsoever arising out or resulting from or in connection with your access, use, reliance of the Website, save and except for HLYM’s gross negligence as determined and adjudged by a court of competent jurisdiction.
35.3 You are responsible for evaluating the information and content obtained through the Website. By using the Website you undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data and costs associated with all necessary service and maintenance of hardware and / or software used in connection with the Website. You further agreed that we, including our directors, officers, employees, consultants, agents and affiliates are not liable, and you agree not to hold us responsible or liable for any damages or losses to the extent permitted by law, including but not limited to indirect damages, incidental damages, consequential damages, punitive damages, damages for loss of profits, goodwill or reputation, loss of profits, intangible losses, and in any event any damages or losses which are remote and unforeseeable, from:-
(a) Your access, use and / or inability to use our Website, services, applications or tools;
(b) Delays or disruptions in the Website;
(c) Damage to your hardware device from the use of our Website;
(d) Your failure to comply with the Terms and Conditions;
(e) Breach of any representations, data or information made available on the Website;
(f) Any system, server or connection error, omission, interruption, delay in transmissions, viruses, worms, harmful codes, malicious programs or software;
(g) Any damages or losses that are remote and / or unforeseeable.
35.4 We take no responsibility and assume no liability for any material or information posted, stored, transmitted or uploaded to the Website by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. We shall also not be liable for any statements, representations or any material or information provided by users (including you) in the Website. Although we have no obligation to screen, edit or monitor any of the material or information posted to or distributed through the Website, we reserve the right and have absolute discretion to remove, screen, translate or edit without notice any of the material or information posted or stored on the Website at any time and for any reason.
35.5 For practical reasons, we do not monitor the site and the comments, suggestions, opinions, reviews and ratings at all times. While reasonable effort will be taken to moderate the contents on the Website as soon as it is practicable, we take no responsibility for content posted after office hours, over the weekend or over a public holiday which could not be moderated immediately.
35.6 We may make changes to the content on the Website, or the Products described therein, at any time, without prior notice.
35.7 We do not warrant that the content will meet the requirements of you, and we have no obligation to update or correct the content on this Website.
36. Limitation of Liability on the Terms and Conditions
36.1 Notwithstanding anything herein contained:-
(a) this provision applies in respect of the full extent of these Terms and Conditions;
(b) we, including our directors, officers, employees, consultants, agents and / or affiliates, disclaim all warranties, conditions and representations, whether expressed or implied under the general body of law or otherwise, to the fullest extent that the applicable laws permit and pursuant to the exceptions as permitted under such applicable laws;
(c) to the extent permitted by law, save and except for our gross negligence or any liability otherwise imposed by legislation, any and all claims arising out of or in conjunction with these Terms and Conditions, we, including our directors, officers, employees, consultants, agents and affiliates, shall not be liable to you for any indirect damages, incidental damages, consequential damages, punitive damages, exemplary damages, damages for loss of profits, goodwill or reputation, and in any event any damages or losses which are remote and / or unforeseeable; and
(d) if HLYM is found to be liable for any damage caused by our gross negligence and / or statutory liability by a court of competent jurisdiction, you hereby agree that our aggregate liability shall not exceed the sums that you have paid for the affected Product save for personal injury, property damage or death resulting pursuant to the said gross negligence or any liability otherwise imposed by legislation.
(e) In the event such other liability not expressly referred to above is found against the Company by a court of competent jurisdiction, the same shall form part of and/or shall not exceed the said Aggregate Liability.
37.1 Notwithstanding Clause 33.3, in the event of any occurrence which may give rise to a complaint or claim, you must notify us within 14 days from the date of occurrence or we will deem you to no longer have interest in bringing a claim and fully waive your rights to bring a claim at a later stage.
38.1 Any notices under these Terms and Conditions shall be given in writing, and if to you, at the last known address as provided by you in your account, and if to us, at our registered address.
38.2 Notices shall be deemed to be served if
(a) through registered post, five (5) days from the date of postage
(b) personal delivery, on the date of delivery, all as evidenced by our records.
39.1 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.
40. No Agency Relationship
40.1 Nothing in these Terms and Conditions shall create or be deemed to create a partnership, agency, employer-employee relationship and / or employer-independent contractor relationship between you and us in any manner whatsoever.
41. Governing Law
41.1 You agree that these Terms and Conditions shall be governed and construed in accordance with the law of Malaysia and you further agree to submit to the non-exclusive jurisdiction of the competent courts of Malaysia.
42. Entire Agreement
42.1 These Terms & Conditions and any contracts made between us pursuant to these Terms and Conditions set out the entire agreement and understanding between HLYM and you and supersedes and cancels in all respect all previous arrangements, letters, agreements promises, assurances, warranties, representations, understandings and undertakings, if any, between the parties, whether written or oral, with respect to the subject matter hereof.
42.2 Each party acknowledges that it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) made by us based on any statement in these Terms and Conditions and/or any contract made between us pursuant to these Terms and Conditions.
42.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions any contract made between us pursuant to these Terms and Conditions.
43.1 No failure or delay by us in exercising any of our rights under the Terms and Conditions shall operate as a waiver thereof nor shall any single or partial exercise of any right preclude any further exercise thereof or the exercise of any other right.
44.1 If any provision of the Terms and Conditions or the application thereof to any situation or circumstance shall be invalid or unenforceable, the remainder of the Terms and Conditions shall not be affected, and each remaining provision shall be valid and enforceable to the fullest extent.
45. Anti Bribery & Corruption
45.1 You shall, at all times, comply with all anti-bribery and corruption laws and regulations as well as HLYM’s Anti-Bribery and Corruption Policy (an electronic version of which is available at www.hli.com.my).
45.2 Notwithstanding any other provisions hereunder and without prejudice to any other rights of HLYM hereunder, you shall indemnify and hold harmless HLYM and its affiliated companies and each of their respective officers, directors, employees, attorneys and agents (“Indemnified Parties”), from and against any and all claims, demands, causes of actions, liabilities, losses, damages, judgments, suits, settlements or the like entered into by any of the Indemnified Parties (whether or not liability is admitted by such Indemnified Party), royalties, licence fees, and all cost and expenses of any kind arising out of or resulting from or in connection with your breach of the provisions of this Clause.