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| 1. Introduction |
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Welcome to TRADNEX User Agreement. This Agreement describes the terms and conditions that govern your use of our services at http://www.tradnex.my and the "Site" and our general principles of our international affiliates. If you have any questions, please refer to our Frequently Asked Questions.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of TRADNEX.
By accepting this User Agreement, you also agree to be bound by the User Agreements and posted terms and conditions on other TRADNEX Web sites to the extent that you use those Web sites.
The item(s) sold in this website are subjected to this agreement to the exclusion of any other terms and conditions stipulated or referred to by you. You acknowledge that you are aware of and understood the full contents and agree to be bound by this agreement.
We may amend this Agreement at any time in our discretion by posting the amended terms on our Site. The fact that amendments have been made to the User Agreement will also be notified on our Notice Board. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our Site. If you do not agree with such changes, you must terminate your membership of TRADNEX. This Agreement may not be otherwise amended except in writing signed by you and TRADNEX. |
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| 2. Membership Eligibility |
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Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or indefinitely suspended TRADNEX members. If you do not qualify, please do not use our services. Further, your TRADNEX account (including feedback) and User ID may not be transferred or sold to another party. |
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| 3. Limitation Of Liability |
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IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
You shall indemnify us and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of you, your employees, your agents or sub-contractors or by any breach of its contractual obligations arising out of this agreement.
Original Equipment Manufacturer (OEM) software products are intended to be preinstalled on hardware before the end user purchases the product. They are shrink wrapped and do not come in a box like the retail products do. The CUSTOMER agrees to diligently abide the software product End User License Agreements (commonly referred to as "EULAs"). |
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| 4. Links To Third-Party Websites |
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Links on this website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this website. We have not reviewed all of these third-party websites and do not control and are not responsible for any of these websites or their content. Thus, we do not endorse or make any representations about them, or any information, software or other items or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this website, you do this entirely at your own risk. |
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| 5. Disclaimer |
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THE MATERIALS (INCLUDING ALL SOFTWARE, TEXT, GRAPHICS) AND SERVICES AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. We further does not warrant the accuracy, adequacy, reliability or completeness of this information and materials, software or services at this website and expressly disclaims liability for errors or omissions in such information and materials.. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. We may make changes to the materials and services at this website, or to the products and prices described in them, at any time without notice. The materials and services at this website may be out of date, and we make no commitment to update the materials and services at this website. We do not make any representation, warranty or endorsement of any of the products, services or information provided in this website. All products and services sold shall be subject to our Terms and Conditions of sales. We may at any time revise these Terms. |
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| 6. No Agency |
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| You and TRADNEX are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. |
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| 7. Arbitration |
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Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to an arbitration tribunal designated by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator. |
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| 8. Legal Compliance, Governing Law And Jurisdiction |
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This website is strictly for our members and customers. By accessing this website and using the facilities and/or services offered through this website, you agree that Malaysia law shall govern such access and the provision of such facilities and/or services and you agree to submit to the exclusive jurisdiction of the Malaysia courts.
You shall comply with all Malaysia laws, statutes, ordinances and regulations regarding your use of our services. YOU ALONE, AND NOT TRADNEX, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS. |
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| 1. Orders, Price And Payment |
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All promotion item(s) is valid on a first-come-first-served basis and while stocks last.
While all efforts are made to check to ensure stock availability, inadvertent situation do occur from time to time and we reserves the right to, at our sole discretion, to change to another brand and model that meet your specifications as per in the agreement.
While all efforts are made to check pricing and other errors, inadvertent errors do occur from time to time and we reserves the right to decline orders arising from such errors.
Time for payment is of the essence. We reserve the right to charge interest at the rate of 10% per annum on sums overdue.
Unless credit terms have been expressly agreed by us, payment for the products and/or services shall be made in full before physical delivery of purchase item(s).
You agree that, any item(s) purchased through this website, No cancellation is allowed upon you agreed to make the purchase unless otherwise specifically stated.
You shall pay for all shipping and handling charges unless otherwise specifically stated. |
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| 2. Import Duties And Taxes |
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You may be subjected to import duties and taxes once the purchased item(s) reaches your country. All additional charges for customs clearance must be paid by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country. When in doubt, please contact your local customs office for further information. |
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| 3. Shipping And Delivery |
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We may, at our discretion, deliver the purchased item(s) by installments in any sequence. Where the purchased item(s) are so delivered by installments, each installment shall be deemed to be the subject of a separate Agreement and no default or failure by us in respect of any one or more installments shall vitiate the Agreement in respect of purchased item(s) previously delivered or undelivered products.
Any dates quoted by us for the deliveries of the purchased item(s) are approximate only and shall not form part of the Agreement. We shall not be liable for any delay in delivery of the purchased item(s), howsoever caused.
We shall deliver the purchased item(s) to the place of delivery designated by you in the “Shipping Address”. You must make sure your shipping address is accurate. Once the purchased item(s) is being shipped out, you will need to pay an additional administration, shipping and handling fee if there is a change of shipping address. |
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| 4. Acceptance of Purchased Item(s) |
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Unless you notify us to the contrary on the day of delivery and such notification is confirmed in writing within two days, the purchased item(s) shall be deemed to have been accepted by you as being in good condition and in accordance with the agreement. You shall not be entitled to withhold payment of all or any of the prices of the purchased item(s) whilst any claim is being investigated by us. |
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| 5. Warranty |
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All software item(s) or products purchased are subjected to the software license agreement or products agreement relating to those specific products. You acknowledge your obligations to abide by such products agreements. You acknowledge that we do not warrant any software item(s) or products under this agreement. All purchased software item(s) and/or products are warranted in accordance with the software license agreement and/or products agreement that governs its use.
You agree that, in relation to item(s) offered by any manufacturers, distributors, shops, independent contractors through this website, where the item(s) will be covered by a relevant warranty, and such warranty shall be the sole warranty in respect of such item(s). You shall utilize that warranty for the support of such item(s) and in any event not look to us for such warranty support. You acknowledge your obligations to abide to that warranty agreements that govern its use. |
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