Thank you for visiting our website www.jazznco.com (hereinafter referred to as "Site").
This Site is owned by Jazznco Sdn Bhd (Company No. 1130355-H) a company incorporated in Malaysia under the Companies Act, 1965 (hereinafter referred to as "Jazznco" or "we", "us" and "our").
The terms and conditions expressed herein (hereinafter referred to as "Terms & Conditions") shall apply to Jazznco, the Site, Jazznco's subsidiaries, partners and affiliate sites. Your use of this Site may also subject you to the terms and conditions of any linked websites. Any reference to "User" shall include you.
By using this Site, you have agreed to be bound by and to strictly adhere to the Terms & Conditions expressed herein as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the same. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Terms & Conditions without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Site.
In the even that you breach any of the Terms & Conditions herein or in the event that we hold the view that you use of this Site is prejudicial in any way whatsoever, we are entitled to terminate your use of this Site without notice.
USE OF THE SITE
Subject to your continued adherence to the Terms & Conditions herein, you are hereby granted a personal, non-exclusive, non-transferable and revocable license to use the Site 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 shall result in the immediate revocation of the license granted in this paragraph without notice to you. The license granted shall only be to persons who legally qualify or are eligible to enter into a legally binding contract with Jazznco under law and possess a valid credit card or debit card acceptable to us.
Content provided on this site is solely for informational or illustration purposes. Except where expressly stated by Jazznco, all representations expressed on this Site are those of the vendor of the Product and are not made by us. Any reviews, opinions or postings expressed on this Site are those of the individual posting such content and may not reflect our opinions.
REGISTRATION AND SUBSCRIPTION
You may be required to register or subscribe to be able to access certain services and related features that may be made available on the Site. In the event you choose to register, you shall provide accurate and current information about yourself, and to promptly update such information if there are any changes. It is your duty to keep your user name, password or other account identification details safe and secure and you shall be fully responsible for any act that involves the personal details. You shall immediately inform 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.
In the event that this Site allows you to meet and interact with other Users for any reason whatsoever, we shall not be liable for loss or damage that the Users may suffer.
By placing an order you are offering to purchase a product on and subject to the terms and conditions stipulated in the Terms of Contract below ("Contract"), which forms an integral part of this Terms & Conditions..
The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, Jazznco and its partners, vendors, suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or any linked sites.
RESTRICTIONS ON USE OF SITE
You may not post, send, submit, publish, or transmit in connection with this Site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a ‘pyramid' or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site;
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, Jazznco reserves the right to monitor use of this site to determine compliance with these Terms & Conditions, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Jazznco nor any third party that provides products to Jazznco will assume or have any liability for any action or inaction by Jazznco or such third party with respect to any submission.
If any part of the Terms & Conditions herein is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms & Conditions will not be affected and all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Any controversy, claim or dispute arising out of or relating to these Terms & Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator. The arbitration shall be 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 Jazznco reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the Malaysian courts.
This Terms & Conditions are governed by Malaysian law and you agree to submit to the exclusive jurisdiction of the Malaysian courts.
You agree to indemnify, defend and hold harmless Jazznco, 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 use of this Site or your breach of the Terms & Conditions.
The intellectual property rights in all software and content made available to you on or through this Site remains the property of Jazznco or its licensors, vendors, suppliers and partners and are protected by copyright laws.. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Jazznco or its licensors.
TERMS AND CONDITIONS OF CONTRACT OF PURCHASE
Placing an Order
When you place an order for any products ("Goods") on our website ("Site"), we will send you an acknowledgement e-mail confirming receipt of your order. This email is only an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the Goods which you ordered have been dispatched to you ("Contract"). Only those Goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
For the avoidance of doubt, we shall be entitled to refuse or cancel any order without giving any reasons for the same to you prior to issue of the confirmation of despatch
Information on our Site
All information posted on the Site in relation to the Goods including but not limited to descriptions, photographs, drawings, delivery information, quality, sizes, appearance, performance, dimensions, weight, raw materials, and such other information relevant to the Goods are for information purposes only. In entering into the Contract, you acknowledge that it does not rely on and waives any claim based on any such representations or information not so confirmed.
Any error is subject to correction without any liability on the part of Jazznco.
Pricing and Availability
All orders are subject to availability of the goods and confirmation of the order price.
Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will be entitled to cancel your order and give you written notice of the same. You will then have the right to make a new purchase or receive a store credit for future purchases. All prices quoted shall include Goods and Services Tax ("GST"), when applicable. Where delivery charges or other charges are applicable, such charges will be clearly displayed with the Goods.
Upon receiving your order we carry out a standard authorization check on your credit card and/or debit card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. Once we have received the monies upon the debiting of your card, the goods will be despatched.
Please note that the price of the Goods may vary if you are using a foreign issued payment card due to remittance charges and foreign exchange rates. If you utilise our online banking service, again the goods will be despatched once the monies are received in our account.
Delivery of Goods
Delivery of goods shall be done between 7 to 10 days of the purchase.
Jazznco shall deliver the Goods to the address specified by you in your order. Delivery shall be effected by any party subcontracted by us.
Despatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which Jazznco will not be responsible. Where delivery charges apply, it will be stated in the information of the product.
Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and we shall not be liable for any delay in delivery howsoever caused.
In the event we fail to deliver the Goods within a reasonable time following the specified date, you may cancel the order by written notice to Jazznco in which case a full refund shall be made to you. Reasonable time shall mean a period of between 10 to 14 days from the specified date.
If you fail to take delivery of the Goods for any reason whatsoever, we shall be entitled to re-sell the Goods and claim against you for any shortfall and incidental charges, or, we shall be entitled to terminate the Contract and claim damages from you.
Cancellation of Order
If you decide to cancel your order after we receive payment but before the Goods are despatched, Jazznco shall provide a full refund on the cancellation. If cancellation is done after Goods are dispatched, Jazznco will need there to be a return of goods in perfect order with all tags intact before Jazznco can give you a full refund.
Return of Goods by Buyer
Returns 14 Days from the date of the receipt. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specifications shall be notified to us within fourteen (14) days from the date of receipt of the Goods. If you have even slight reservations concerning the suitability for use, the Goods must not be used and you shall give us immediate written notice of the same. You shall only be entitled to reject or return the Goods where the Goods are of a fundamentally different nature than those which we had contracted to deliver. We will only accept a return of the Goods provided the Goods are in the same condition as when we despatched the Goods to you and all hang tags and product tags are intact. You will then be given store credit.
In the event you wish to change the size of the Goods purchased, Jazznco will replace the Goods on receipt of the original Goods in the same condition as when we despatched the Goods to you and all hang tags and product tags are intact and on payment of all despatch charges by you.
Ownership and Risk
Ownership in the Goods and all risks attached thereto shall pass to you at the time of delivery of the Goods or at the time we have tendered delivery of the Goods provided that we have been paid in full by you for the Goods.
In the event we have not been paid for the Goods in full, you shall hold the Goods upon trust for us and you shall return the Goods in good condition and without damage, failing which we shall be entitled to claim against you for the cost of the Goods and all costs incurred in the recovery of the same.
Jazznco shall not be liable for any failure or delay on its part in performing any of its obligations under this Contract, or for any loss or damage caused, or charges or expenses incurred or suffered by reason of such failure or delay, in so far as, such failure or delay is occasioned by any cause beyond the control of Jazznco including war (including political instability which may result in war or other strife placing Jazznco or its employees, agents or servants in potential danger), strike or combination of trade disputes, lockout, riot, civil commotion, government action, rules and regulations or legislation of government, inclement weather, loss or damage by fire, flood or tempest, explosion, natural disasters, embargo, requisition, delay by the appropriate authority to grant any necessary sanction or approval acts of God, enemy action, interruption of traffic, interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery, power failure or breakdown in machinery, whether such events affect Jazznco or their servants, agents, suppliers and service providers.
Disclaimer of Liability
The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Jazznco and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.