1.1. Welcome to PakUde.com (hereinafter referred to as the "Online Store"). This Online Store is made available to you subject to the following Terms and Conditions and other related policies thereof. Please read this Terms & Conditions carefully before using the Online Store or ordering any product(s), item(s), merchandise and/or service(s) (hereinafter referred to as the "Products") from our Online Store.
1.2. You should understand that by using the Online Store or ordering any Products listed on our Online Store, you are agreeable to be bound by this Terms & Conditions.
1.3. Please note that there are additional policies that apply to your use of this Online Store and our trading relationship with you:-
(b) Returns and Refund Policy – Details of conditions governing the return and/or exchange of Products purchased from PakUde.com; and/or
(c) Such other policies to be incorporated by us from time to time;
hereinafter collectively referred to as the ”Additional Terms”.
1.4. We wish to make it clear with you that all Products listed, advertised, sold and/or delivered through PakUde.com or the Online Store IS NOT our product as we are merely an online platform service provider to be utilized by each seller or vendor who wish to market, sell and/or advertised their respective products such as motorcycle vehicles, accessories and/or merchandizes through our Online Store.
1.5. Please understand that if you refuse to accept this Terms & Conditions and the Additional Terms, you will not be able to use or order any Products from our Online Store and/or you are not authorized by us to utilize the system, tools and/or facilities provided by PakUde.com.
2. Information About Us
This Online Store is operated by Solusi Ciptaan Sdn Bhd (Company No. 202001015945 (1372265-D)) (hereinafter referred to as "we / us / our / Company / Solusi Ciptaan"), a company incorporated under the Companies Act, 2016 and having its registered office 5-4-2, Jalan 2/50, Diamond Square, Off Jalan Gombak, 53000 Kuala Lumpur.
3.1. We may amend or replace any clause or part of this Terms & Conditions in whole or in part by giving you written notification of the changes. Amendments to this contract, made by you, will not be valid and binding unless they are expressly agreed by us in writing. We will only make changes for good reason including, but not limited to:-
(a) making them clearer to you; or
(b) reflecting legitimate changes in the costs of providing the service and maintaining the Online Store for you; or
(c) reflecting a change of any applicable laws, regulations or codes of practice or decisions by a court, ombudsman, regulator or similar body; or
(d) reflecting changes in market conditions which may includes, but not limited to, any further charges, fees or costs to be incurred by you; or
(e) reflecting changes in the way we do business with you or any other related parties to the services of the Online Store.
3.2. If you object to any change you must tell us within fourteen (14) days of the date the notice is deemed received by you under Clause 19 ("Notices"). If you do not do so, you will be deemed to have accepted the change(s). If you give us notice that you object, then the changes will not be binding on you, but we may require you to close your account with us as soon as reasonably practicable or restrict you from placing any Order with us or, if practicable, terminate any existing transaction or Order you have placed through the Online Store.
3.3. Where either you or we provide notice to close your account and/or end this Terms & Conditions under this Clause, we reserve the right to refuse to allow you to enter into any further Order which may lead to you holding further transactions in the Online Store.
3.4. We recommend that you revisit these terms regularly to keep informed of the current Terms & Conditions that apply to your use of the Online Store and the sale, delivery and use of our Products.
3.5. Your continued access and use of the Online Store after any changes or updates constitutes your acceptance of the new Terms and Conditions. It is your responsibility to regularly check the Online Store and determine if there have been any changes to this Terms & Conditions.
4. USE OF THE ONLINE STORE
4.1. We will use reasonable endeavors to ensure that our Online Store, mobile services and our systems can normally be accessed for use in accordance with this Agreement. However all or any of these may fail to work properly or at all or our premises may suffer from power failure. On this basis:-
(a) we do not warrant that they will always be accessible or usable;
(b) we do not warrant that access will be uninterrupted or error free.
4.2. We may suspend the use of our Online Store to carry out maintenance, repairs, upgrades or any development related issues. We shall use reasonable endeavors to give you notice of this and to provide alternative ways for you to deal or obtain information as to your account, but this may not be possible in an emergency situation.
4.3. We will use reasonable endeavors to ensure that our Online Store is free from any Malicious Code, but we do not warrant that it will be free at all times of Malicious Code. You should use your own Malicious Code protection software that is up to date and of good industry standard. In addition, you must not upload or transmit any Malicious Code to our Online Store or other aspects of our website.
4.4. You are responsible for ensuring that your information technology is compatible with ours and meets our minimum system requirements, as may be amended from time to time. The minimum system requirements currently in effect are set out on our website.
4.5. We or other third-party service providers or licensors may provide you with information in connection with the provision of our services. You agree that:-
(a) neither we nor our Affiliates shall be responsible or liable if any such information is inaccurate or incomplete in any respect or for any actions you take or do not take based on, or your reliance upon, such data or information;
(b) you will use such information solely for the purposes set out in the Agreement;
(c) you will truthfully complete and submit to us in a timely fashion:-
§ any declaration as we may require at any time in respect of your status as a user of information; and
§ any additional agreements with us or any of our third-party service providers or licensors relating to our provision to you of any information;
(d) such information is proprietary to us or the provider and you will not retransmit, redistribute, publish, disclose, alter, amend, rent, loan, license or display in whole or in part such data or information to third parties; and
(e) you will pay any fees and other costs associated with your access to and use of any information, of which as we may notify you from time to time, and shall be responsible for payment of any and all taxes, charges or assessments by any foreign or domestic national, state, provincial or local governmental bodies, or subdivisions thereof, and any penalties or interest relating thereto, in respect of your access to and use of any information.
4.6. Various access methods (e.g. mobile, desktop) may be made available to you. Different access methods may have different functionality and content from one another, and such content and functionality are subject to change without notice.
4.7. We grant you limited access to PakUde.com by using the license for your own personal use of the Online Store and you shall not download or modify it, or any portion of it, except with our express written consent. This access does not include any resale or commercial use of the website or its contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of PakUde.com or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Online Store or any portion of the Online Store shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours and our affiliates without our express written consent.
4.8. We may terminate your access to or use of the Online Store with immediate effect if you breach any of this Terms & Conditions.
4.9. You must create your own unique username and password on completion of registration and prior to any purchase to be made by you. You are solely responsible for all actions taken under that username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change your password immediately to avoid any unauthorized access to your account. You shall not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
4.10. We are not responsible on the accuracy of any personal data or information entered by you for the purpose of creating a personal account with us or purchasing of the Product(s) or during loan application being applied by you. You are responsible to ensure all personal data or information entered are always correct, accurate and updated.
4.11. Access to the Online Store is permitted on a temporary basis, and we reserve the right to suspend, or withdraw, or amend the service we provide on our Online Store without notice at any time for operational, regulatory, legal or other reasons.
4.12. Unless written notice is required in accordance with this Agreement, you may communicate with us in writing (including by email or other electronic means) or orally (including by telephone). Email, chat, text, instant messaging features whether transmitted through the internet, a proprietary network, a computer, a pager or another wireless device or otherwise may be provided to you as a convenience to enhance your communications with us. Except where otherwise provided in this Terms & Conditions, you shall not use these features to request, authorize or effect any transaction, to send fund transfer instructions or for any other communication that requires non-electronic written authorization. We shall not be responsible for any loss or damage that results if any request is not accepted or processed. You agree that you shall use these features in compliance with applicable laws and regulations, and you shall not use them to transmit inappropriate information, including information that may be deemed obscene, defamatory, harassing or fraudulent.
4.13. The language of communication shall be English, and you will receive documents and other information from us in English. By opening an account with us, you agree to receive any services from us in English and subject to the English Terms and Conditions of this Agreement. We may in our sole discretion provide local language support. If a document is translated into another language, this will be for information purposes only and the English version will prevail.
4.14. This Online Store or third parties may provide other links to other websites or resources of which we have no control over such websites and resources. As we have no control over such websites, we are not responsible for the availability of the same external websites or resources, we do not endorse and are not liable for any content, advertising, products, or other materials on or available from the same external websites or resources.
4.15. Our Online Store is an electronic service and you specifically consent to the receipt of documents in electronic form via email, our website, or other electronic means. We will not send a paper form or printed hardcopies documents of any communication sent to you unless you request us to do so. We reserve the right to charge for documents in a paper form.
5.1. Downloaded material is provided "as is" and your use of the downloaded content is at your own risk. Downloads may contain significant or insignificant program errors, bugs, and viruses, which may cause an operational interruption to your computer system. You must screen each download for viruses before access. Except to the extent that such terms cannot be limited or excluded by law, no conditions, warranties, representations or other terms, whether express or implied shall apply with respect to any download.
5.2. Please note that we are under no obligation to answer questions about the use of downloaded content.
6. INTELLECTUAL PROPERTY
6.1. Our website, including the Online Store, and any and all Information, software applications, documentation and other information, data and materials which we may supply or make available to you, either directly or through a third party service provider or licensor (collectively the “PakUde Materials”) are and will remain our property or that of our third party service providers or licensors.
6.2. All copyrights, trademarks, design rights and other intellectual property rights in PakUde Materials, including without limitation all updates, modifications, compilations and enhancements, and all derivative works based on any of the PakUde Materials, are and will remain our property (or those of our third party service providers or licensors as applicable).
6.3. You may access and use PakUde Materials only as expressly permitted for the operation of your Account in accordance with this Agreement.
6.4. You must comply with any policies relating to any of PakUde Materials, or their use, including any additional restrictions or other terms and conditions that we or our third party service providers or licensors may issue, of which we may notify you from time to time.
6.5. You must not supply all or part of PakUde Materials to anyone else and you must not copy or reproduce all or part of them without our prior written permission.
6.6. You must not delete, obscure or tamper with copy right or other proprietary notices displayed on any of PakUde Materials.
6.7. If we have provided any materials to you in connection with our website you must return those to us upon closure of your account.
6.8. Except to the extent expressly permitted under this Agreement or any other written agreement between you and us, you must not: (a) modify, translate or create derivative works based upon any of PakUde Materials; (b) take any action compromising or challenging, or threatening to compromise or challenge, the enjoyment or use by any other client of any of PakUde Materials or the rights of us or any of our third party service providers or licensors in any of PakUde Materials; or (c) reverse engineer, decompile or disassemble any of PakUde Materials comprising software or otherwise attempt to discover the source code thereof.
6.9. You must notify us immediately of any unauthorized use or misuse of any of PakUde Materials of which you become aware and, to the extent reasonably requested by us, provide us cooperation in remedying such violation and/or taking steps to prevent the future occurrence thereof.
6.10. Any goodwill accruing from the use of this website and our or our affiliates' trademarks, trade and business names and service marks under this Terms & Conditions will solely vest in us and our affiliates, as appropriate.
7. CONTRACT CREATION AND ELECTRONIC CONTRACTING
7.1. To place an order on the Online Store, you must be at least 18 years old and a consumer (not a reseller).
7.2. For non-motorcycle vehicle transaction, the technical steps required to create the contract between you and us for the sale of any Products are as follows:-
(a) You place the order for your Products on the Online Store by pressing the “Buy Now” and pay with the payment button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Online Store.
(b) An order can be paid for by debit or credit card (MasterCard®, and Visa, as well as Kiplepay). We do not accept cash or cheques for online purchases except payment received from your loan provider (if any). Purchase can be done by applying loan to your respective membership with Cooperatives or Bike Dealers or any of authorized financing provider for this Online Store.
7.3. For motorcycle vehicle transaction, the technical steps required to create the contract between you and us for the sale of any Products are as follows:-
(a) You place the order for your Products on the Online Store by pressing the “Buy Now” button;
(b) Upon receiving your request, we will send to you an acknowledgement of your order by an e-mail/message once your request for an order has been placed. TAKE NOTICE THAT this is not an order confirmation or order acceptance from us or your order has been accepted by us. For avoidance of a doubt, the request made by you herein merely constitutes a request for a final and complete pricing/costing for the relevant Product for your acceptance;
(c) Upon your acceptance of the final and complete pricing/costing of the relevant Product, the same acceptance shall constitute an official purchase order (hereinafter referred to as the “Order”) by you to the relevant seller of the same Products;
(d) The Order can be paid for by debit or credit card (MasterCard®, and Visa, as well as Kiplepay). As mentioned earlier, we do not accept cash or cheques for online purchases except payment received from your loan provider (if any). Purchase can be done by applying loan to your respective membership with Cooperatives or Bike Dealers or any of authorized financing provider for this Online Store.
(e) Only upon your Order has been fully paid to us directly or, if you are seeking financial aid, upon your loan application has been approved by the relevant Cooperatives or Bike Dealers or any of authorized financing provider for this Online Store, then we will ensure the same Seller of the Products to make the necessary arrangement and preparation for the delivery of the Products to you as soon as possible.
(f) Kindly take notice that cancellation is not allowed once your loan application has been approved and/or payment of your loan has been disbursed to us and/or your motorcycle has been registered with Jabatan Pengangkutan Jalan (JPJ) of Malaysia.
7.4. Upon the acceptance of the Order until the completion of the contract between you and us, the same shall take place on the date of the Product being dispatched to you unless we have notified you that we do not accept your order, or it has been cancelled. The contract will only govern to those Products which we have confirmed in the delivery confirmation e-mail/message. We will not be obliged to supply any other Products which may have been part of your Order until the delivery of such Products has been confirmed in a separate delivery confirmation email/message.
7.5. You are encouraged to retain your invoice for your records and ease-reference should any issues arise in the future.
Where the Company elects or is required by the applicable law to issue or make available an invoice, we reserve our rights to issue or make available of the same invoice in digital form and you are agreeable to the same form of digital invoicing. We will send you an invoice only by post upon request.
9.1. The Company uses all reasonable efforts to ensure that all pricing information (for non-motorcycle vehicle) on the Online Store is correct and up-to-date, without any representation or warranty of any kind whatsoever, including that they will be without interruption or error free. If an error occurs and a product is mispriced, the Company is entitled not to forward your order and/or not to confirm that the contract between you and the Seller is complete, as set out herein. The Company is not obliged to ensure the supply or delivery of any products by the relevant seller which are incorrectly priced, as long as the relevant product has yet to be delivered to you.
9.2. All prices and charges on the Online Store are in Ringgit Malaysia. Delivery and processing charges may apply and these will be clearly displayed during the order process.
9.3. The total cost for delivery will be itemized and identified on the payment screen and in your invoice.
9.4. Non acceptance of an order may be a result of one of the following:
(a) The Product you ordered being unavailable from stock;
(b) Unable to obtain authorization for your payment;
(c) Any risk assessment, Company may have with regards to the transaction;
(d) The identification of a pricing or Product description error;
(e) You are ineligible to order for having failed to meet with the minimum criteria as set out in this Terms & Conditions e.g. You are under 18 years old; We have a suspicion that you may be a reseller etcetera; and
(f) An honest misrepresentation(s) of an error within the Product information by us, including, but not limited to, price or in relation to a promotion.
9.5. If there are any problems with your order, we shall contact you as soon as possible. We reserve the right to reject any offer to purchase a Product by you at any time.
9.6. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery, processing and other related charges.
10. PRODUCT DELIVERY
10.1. PakUde.com delivery option covers the following areas: Semenanjung Malaysia only. No delivery to East Malaysia (Sabah and Sarawak) is available until further notice.
10.2. We endeavor to deliver your order within reasonable times. Unfortunately, we are unable to provide any guarantee that the delivery will not be affected by any unforeseen issues which might affect our carrier delivery services. Under these circumstances, we do not issue any form of compensation or damages.
10.3. Your order will be fulfilled by the delivery date as set out in the delivery confirmation email or, if no delivery date is specified, then within seven (7) days of the date of the delivery confirmation email/message, unless there are exceptional circumstances. The risk and title of the Products once the Product has been successfully delivered to you.
10.4. We reserve the right to define what can and cannot be delivered to which destination.
11. OUR PRODUCTS
11.1. Every effort will be made to ensure that prices shown on this Online Store are accurate at the time you place your order. If an error is found prior to delivery of the Products, we will, at our discretion, inform you as soon as possible and offer you the option of reconfirming your order at the correct price, exchange or cancelling your order. Alternatively, at our discretion, we may reject your order and treat it as cancelled. If your order is cancelled, we will refund or re-credit you for any sum that has been paid by you. If you purchase product via loan from your respective Cooperative or financier where loan you have applied, once loan is approved and disbursed to us, refund is not allowed as described in our Refund/Return Policy. We are under no obligation to provide a Product to you at an incorrect (lower) price, even after we have sent you a delivery confirmation email/message, if the pricing error is too obvious, too unmistakable and/or could have been recognized by you as a mis-pricing.
11.2. In the event of any disputes between you and the seller or with us, PakUde.com reserves the sole right to make the final decision.
11.3. You should bear in mind that buying motorcycle, accessories and other electronic products over the Internet provides a different shopping experience to buying in store. Be aware that:-
(a) The colours which are shown on the Online Store will depend on many factors – including your computer display settings; and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the products on delivery and/or receipt.
(b) The product specifications, measurements, sizes dimensions and capacities shown on the Online Store are on best estimate basis only. Variations in the manufacturing processes, your monitor settings and your computer hardware may affect the designs of the Products i.e. Products delivered may have minor differences in appearance to how they are displayed and described on the Online Store.
11.4. All Products are subject to availability and we may not be able to supply your order. Any delivery estimates given are approximations only.
11.5. All prices are, unless otherwise stated, inclusive of sales tax at the applicable rate and exclude delivery, processing and other related charges which will be added during checkout before you confirm your order.
12.1. Subject to the terms and conditions set out in this agreement, you may terminate your account with us and receive a refund (if applicable) in accordance with the provisions set out in our Returns and Refund Policy. The same policy, as mentioned earlier, shall form part and is an extension part of this Terms & Conditions whereby it should be read and understood before purchasing any Product.
12.2. In any event, the following shall constitute Events of Default:-
(a) an Insolvency Event occurs in relation to you;
(b) you are an individual and you die, become of unsound mind or are unable to pay your debts as they fall due;
(c) you act in breach of any warranty or representation made under this Agreement or any representation or warranty made by you under this Agreement and/or any information provided to us in connection with this Agreement is or becomes untrue or misleading;
(d) any sum due and pay able to us is not paid in accordance with this Agreement;
(e) at any time and for any periods deemed reasonable by us you are not contactable or you do not respond to any notice or correspondence from us; and/or
(f) we reasonably believe that it is prudent for us to take any or all of the actions described in Clause 12.3 in the light of any relevant legal or regulatory requirement applicable either to you or us.
12.3. If any Event of Default occurs we may take all or any of the following actions:-
(a) immediately require payment of any amounts you owe us;
(b) cancel any of your Orders;
(c) suspend your account and refuse to execute any Orders;
(d) terminate this Agreement and/or
(e) take or omit to take all such other actions as we consider to be reasonable in the circumstances to protect ourselves and our clients as a whole.
12.4. We may also close your account on fourteen (14) days’ notice in the circumstances set out below. If we rely on our rights under this clause, your account will be suspended during the fourteen (14) days’ notice period and you will not be able to place Order. If you have not closed all Order within the period of fourteen (14) days’ notice, we shall be entitled to take any action within Clause 12.3. The relevant circumstances are:-
(a) any litigation is commenced involving both of us in an adversarial position to each other and, in view of the subject matter of or any issues in dispute in relation to that litigation, we reasonably decide that we cannot continue to deal with you while the litigation is pending;
(b) where you have persistently acted in an abusive manner toward our staff (for example by displaying what we consider to be serious discourtesy or the use of offensive or insulting language); and/or
(c) where we believe on reasonable grounds that you are unable to manage the risks that arise from your transaction(s) with us.
13.1. You may submit suggestions, ideas, comments, questions, or other information, to us so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of Intellectual Property Rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address; impersonate any person or entity, or otherwise mistreat as to the origin of any content.
14.1. To the fullest extent permitted by the laws, the Online Store and all information contained therein is provided by us on an "as is" and "as available" basis and we do not guarantee that the Online Store will be suitable for your purposes and requirements. We use reasonable care in compiling and presenting the content of the Online Store, but we can give no guarantee that the content is complete, accurate or up to date and is subject to change without notice.
14.2. We make no representations or warranties of any kind, express or implied, as to the operation and availability of this Online Store or the information, content or materials presented on the Online Store. You expressly agree that your use of this Online Store is at your sole risk and your own care.
14.3. To the extent permitted by law, we hereby expressly exclude all liability (howsoever arising) in connection with any loss, damage and/or expense arising out of or in connection with the use of the Online Store. In particular and without limitation to the generality of the above, we shall not be liable for any loss or damage to whatsoever computer equipment, software or data; any financial loss; indirect, special or consequential loss or damage.
15.1. Notwithstanding anything contained in this Terms & Conditions, all Products supplied by us are warranted to be satisfactory of quality, reasonably fit for its purpose and free from defects in workmanship or materials for a period as shown on the Online Store. This warranty does not affect your statutory rights as a consumer.
15.2. This warranty is only valid with proof of purchase from PakUde.com and does not apply to any defect in the Products arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than in accordance with our instructions, or any alteration or repair carried out without our approval.
15.3. Legal rights under applicable law governing the sale of consumer goods are not affected by this warranty.
16. LIMITATION OF LIABILITY
16.1. Nothing in this Terms & Conditions shall exclude or limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for liability that cannot be excluded under any applicable laws.
16.2. Subject to Clause 16.1, we shall not be liable for:-
(a) events outside our control such as force majeure, wherever applicable;
(b) any action we may take under Clause 12.2 (“Events of Default and Similar Circumstances”) provided that we act within the terms of those clauses and in particular act reasonably where required to do so;
(c) any failure of communication for any reason whatsoever within Clause 4 including, without limitation, the unavailability of our website (including the Online Store) or our telephone systems provided always we act within the terms of Clause 4;
(d) the use, operation, performance and/or any failure of any third-party trading systems, software or services not provided by us; or
(e) any claim loss, expense, cost or liability suffered or incurred by you [collectively “Claims”] except to the extent that such loss, expense is suffered or incurred as a result of our breach of the Agreement, negligence or willful default.
16.3. We will not be liable to you further if we are prevented or delayed from complying with our obligations under this Terms & Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
16.4. Notwithstanding anything to the contrary in this Terms & Conditions, our liability for losses you suffer arising under or in connection with our breach of this Terms & Conditions (whether in contract, tort or otherwise) is limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching this agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
(a) Neither we nor our affiliates are responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us. Neither we nor our affiliates shall be liable to you for losses which you incur which are foreseeable by us or other Solusi Ciptaan parties just because you have communicated the possibility of such losses or any special circumstances to us or other Solusi Ciptaan parties.
16.5. We only supply the Products for domestic and private use. You agree not to use Products and the Online Store for any commercial, business or re-sale purposes, and we have no liability to you for any wasted management time or lost profits, business, revenue, goodwill, or anticipated savings, or for any loss of, or damage to, data.
16.6. Please note that you have certain rights as a consumer, including legal rights relating to faulty or incorrectly described products. Nothing in this Terms & Conditions will affect these legal rights and the Company will perform its obligations under these Terms with reasonable care and skill.
17. FORCE MAJEURE
17.1. We will not be responsible for the performance of any obligations under this Terms & Conditions in the case of an event outside of our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of God, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment, regulations or governmental policies and shortages of supplies and services (a "Force Majeure Event").
17.2. Our performance under our contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which the obligations under our contract may be performed despite the Force Majeure Event.
19.1. All notices that we need to give to you under this Terms & Conditions will be sent by us to your registered email address. When you visit the Online Store or send emails to us, you are communicating with us electronically. We may communicate with you by email or by posting notices on the Online Store or any part of our website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement for such communications. This condition does not affect your statutory rights.
19.2. All notices given by you to us must be done so by visiting our Contact Us page. Please be aware that all our emails are conducted in English. We may give notice to you at either by email or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our Online Store, the next working day after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified e-mail address of the addressee.
20. CONSUMER DISPUTE RESOLUTION
20.2. By accepting of these Terms & Conditions and your continued use of this Online Store, you acknowledge that you have read and understood these Terms & Conditions and you agree to act in accordance with, and be bound by them. These Terms & Conditions shall not be altered or modified in any way without the prior written consent of us. The interpretation, construction, effect and enforceability of these Terms & Conditions shall be governed by Malaysian Law, under the jurisdiction of Malaysian courts for/in the determination of any disputes.
20.3. If you wish to raise any complaint or Dispute, you should contact us as soon as practicable. If we identify a Dispute we will notify you as soon as possible.
20.4. Please keep your own record of dates or times of an Order and other issues as that will help us to investigate any complaints or disputes. It may be difficult or not reasonably possible for us to locate records in relation to an Order and other issues in the absence of information about the dates and times of any Order or other issues in Dispute.
20.5. We operate a Complaints’ Procedure to enable us to deal promptly and fairly with complaints. Details of this procedure are available on request from our Customer Service department.
20.6. Any complaint or Dispute should in the first instance be referred to the Customer Service (details of which are given on our website or Online Store). If the complaint or dispute is not resolved to your satisfaction, you may refer the matter to the complaints manager at the same address. All complaints will be responded to in writing within fourteen (14) days of receipt.
20.7. If either you or we notify the other party of a Dispute, both parties will consult in good faith in an attempt to resolve the Dispute in a timely manner, including, without limitation, by exchanging any relevant information and by identifying and using any agreed process which can be applied to the subject of the Dispute.
20.8. To the extent of the applicable law, we may not be required and/or willing to participate in an alternative consumer dispute resolution by a consumer arbitration body. We constantly strive to solve potential disputes with our customers on our own.
21. CHANGES TO THESE TERMS
21.1. We reserve the right, at our sole discretion, to change, modify, add or delete any part of these Terms at any time without further notice to you. Any changes to the Terms will be posted on PakUde.com website by us and the date at the top of these Terms will be amended to show when these Terms were last revised.
21.2. We recommend that you revisit these Terms regularly to keep informed of the current Terms that apply to your use of the Website and the delivery of your products. Your continued access and use of the Website after any changes or updates constitutes your acceptance of the new Terms. It is your responsibility to regularly check the Website and determine if there have been any changes to these Terms.
21.3. Please note that these Terms do not affect your legal rights as a consumer. For more information on your legal rights, contact the National Consumer Complaint Centre (NCCC).
In this Agreement the following words and expressions shall have the following meaning:-
"Affiliate" means in respect of a specified entity, an entity that directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with, the specified entity.
“Business Day” means Monday through Friday, excluding any Malaysia’s public holiday.
“Complaints’ Procedure” means the standard operating procedure which can be obtained from our Customer Service for handling the Dispute with you.
“Customer Service” means our customer services team.
“Dispute” means any dispute between you and us which, in the sole opinion of the party notifying the other party of the dispute, is required to be subjected to the dispute resolution procedure set out in Clause 20.
“Events of Default” has the meaning given in Clause 12.2.
“Insolvency Event” means, in respect of any person:-
(a) a resolution is passed or an order is made for the winding up, dissolution or administration of such person;
(b) any bankruptcy order is made against such person;
(c) the appointment of a receiver, administrator, manager, administrative receiver or similar officer, or if any encumbrancer takes possession of or sells, all or any part of the business or assets of such person;
(d) the making of an arrangement or composition with creditors generally or the filing with court documents or making of an application to court for protection from creditors generally, or any arrangement which has that effect; or
(e) if the relevant person becomes insolvent or is otherwise unable to pay its debts as they become due, or any act of insolvency or event that is analogous to those set out in paragraph (a), (b), (c), or (d) of this definition applies to the person concerned.
If the person concerned is a partnership, the occurrence of any of the events listed in this paragraph in relation to any partner shall be an Insolvency Event in relation to such person.
“Malicious Code” means any computer virus, trojan horse, worm, time bomb or similar code or component designed to disable, damage, disrupt, manipulate, amend or alter the operations of, permit unauthorized access to, or ease, destroy or modify any software, hardware, network or other technology.
“PakUde Materials” has the meaning given in Clause 6.1.