mori2u – Terms and Conditions
- Terms & Conditions
Welcome to the mori2u.com.my website (the "Site"). “mori2u” means OZ Marketing Sdn Bhd, a company incorporated in Malaysia under registration number 716165-D and having its registered address at Wisma OZ, No. 11-3, Jalan Kuchai Maju 5, Kuchai Entrepreneurs’ Park, Jalan Kuchai Lama 58200 Kuala Lumpur, Malaysia.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF THE SITE
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
Prices of Goods provided by OZ Marketing Sdn Bhd, being GST registered company, will include GST where applicable.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.
- Basis of the Contract
- The supply of Goods by mori2u to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
- Any information made available in mori2u website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
- No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and mori2u.
- Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by mori2u in its website shall be subject to correction without any liability on the part of mori2u.
- mori2u may provide Buyer with electronic documents such as tax invoice, receipt or any other document.
- Order acceptance and completion of the contract between the Buyer and mori2u will only be completed upon mori2u issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, mori2u shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. mori2u shall furthermore be entitled to require the Buyer to furnish mori2u with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
- No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of mori2u and on terms that the Buyer shall indemnify mori2u in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by mori2u as a result of the modification or cancellation, as the case may be.
The price of the Goods shall be the price stated in mori2u’s website at the time which the Buyer makes its offer purchase to mori2u. The price excludes any applicable GST which the Buyer shall be liable to pay to mori2u in addition to the price.
- The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in mori2u’s website. The terms and conditions applicable to each type of payment, as contained in mori2u’s website, shall be applicable to the Contract.
- In addition to any additional terms contained in mori2u’s website, the following terms shall also apply to the following types of payment:
- Credit Card
Credit Card payment option is available for all Buyers. mori2u accepts all Visa and Master Cards and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry- leading encryption standards.
Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to foreign exchange.
- Debit Cards
mori2u accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
- Online Banking
By choosing this payment method, the Buyer shall transfer the payment for the Goods to a mori2u’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. mori2u, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
- If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to mori2u, mori2u shall be entitled to:
- cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
- charge the Buyer interest (both before and after any judgement) on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
- Delivery of the Goods shall be made to the address specified by the Buyer in its order.
- mori2u has the right at any time to sub-contract all or any of its obligations for the delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
- Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and mori2u shall not be liable for any delay in delivery or performance howsoever caused.
- If mori2u has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on mori2u, to demand performance within a specified time thereafter, which shall be at least 14 days. If mori2u fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of mori2u’s non-performance.
- If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of mori2u's fault) then without prejudice to any other right or remedy available to mori2u, mori2u may:
- sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
- terminate the Contract and claim damages.
- Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when mori2u has tendered delivery of the Goods.
- Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until mori2u has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by mori2u to the Buyer for which payment is then due.
- Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as mori2u's fiduciary agent and shall keep the Goods separate from those of the Buyer.
- The Buyer agrees with mori2u that the Buyer shall immediately notify mori2u of any matter from time to time affecting mori2u’s title to the Goods and the Buyer shall provide mori2u with any information relating to the Goods as mori2u may require from time to time.
- Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) mori2u shall be entitled at any time to demand the Buyer to deliver up the Goods to mori2u and in the event of non-compliance mori2u reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
- The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of mori2u but if the Buyer does so all moneys owing by the Buyer to mori2u shall (without prejudice to any other right or remedy of mori2u) forthwith become due and payable.
- If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
- The Buyer shall indemnify mori2u against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of mori2u's rights under this condition.
- mori2u shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of mori2u's obligations if the delay or failure was due to any cause beyond mori2u's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond mori2u's reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
- import or export regulations or embargoes;
- interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of mori2u of a third party);
- interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
- power failure or breakdown in machinery.
- Upon the happening of any one of the events set out in Condition 9.1 mori2u may at its option:-
- fully or partially suspend delivery/performance while such event or circumstances continues;
- terminate any Contract so affected with immediate effect by written notice to the Buyer and mori2u shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to mori2u, to its principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
- On or at any time after the occurrence of any of the events in condition under 12.2 below, mori2u may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
- The events are:-
- the Buyer being in breach of an obligation under the Contract;
- the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
- the making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;