Elink International Sdn. Bhd. (Company No.:1343438-W) (hereinafter referred to as “we”, “us” or “our”) has developed a platform or site known as “ELINK” (“site”).
The purpose (“services”) of this siteis to provide a platform to the user (“you”) to purchase Home Furnishing products (“product”). Take note that, the site only provides a platform to you to purchase home furnishing product(s) and at no point of time it assumes the liability whatsoever and howsoever on the quality of the product and delivery of the product.
You expressly agree and confirm that you have read and understood the terms and conditions of the site appended herein below prior to the access and / or using the site, and you understand and agree to the effects of this Agreement, and then you entered into this Agreement on your such understanding and consensus on upon the terms and conditions of the site appended herein free of any element of duress, misrepresentation, fraudand / or mistake.
We reserve the right to change, modify, suspend or discontinue all or any part of the site or the services at any time or upon notice as required by local laws. We may release certain services or their features in a beta version, which may not work correctly or in thesame way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, site or services in its sole discretion and without notice or liability.
We reserve the right to refuse to provide you access to the site or services or to allow you to open an Account for any reason.
YourAgreement withthesiteisonly limitedtotheusage ofthesiteasplatform for the purchase of the product. Any Agreement and / or Contract made towards purchasing the product is strictly between you and the Supplier(s), ('Supplier').Thesitehas NO PRIVITY of contract with you.
If you do not agree to the terms and conditions of the site appended herein below,you shall not access and/or use the site/services.
Ourservices
Our Services enable you to search for home furnishing product(s) and place and schedule orders with the Supplier for the purchase and sale of the home furnishingproduct(s).
All orders placed through the App or the site are accepted, reviewed, and ultimatelyfulfilledbytheSupplier. Allsales aresolelytransacted betweenyou and Supplier. Each product listed on the App or the site is not an offer to purchase such product but an invitation to make an offer by placing an order. You acknowledge and agree that we do not sell, offer to sell, invite to sell, or solicit any offers.
In all instances, all sales are advertised, accepted, made and delivered by the Supplier who receives all orders and make offers. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. We do not sell or deliver home furnishing product(s).
Definitions
In this Agreement,unless the context otherwise requires:
words denoting the singular number include the plural and vice-versa, words denoting a gender include every gender, words denoting natural persons include bodies corporate and unincorporated;
references to any legislation or to any provision of legislation shall include any modification or re-enactment of that legislation or any legislative provision substituted for, and all regulations and statutory instruments issued under such legislation are or provision;
headings to theClauses of this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement;
where a word or a phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
references to any Party to this Agreement or any other agreement or instrument shall include the Party's successors and permitted assigns;
references to any agreement or instrument shall include references to such agreement or instrument as amended, novated, supplemented, varied or replaced from time to time;
the rule of contra preferentum is not applicable to the interpretation of this Agreement, as the parties to this Agreement have only agreed to enter into this Agreement upon having read and understood the terms andconditions of this Agreement;
references to Ringgit Malaysia or 'RM' shall be taken as referring to amounts in Malaysian currency; and
all schedules and annexures to this Agreement and its recitals and all certificates and other agreements delivered pursuant to this Agreement shall form apart of this Agreement.
All warranties, representations, indemnities, covenants, agreements and obligations given or entered into by more than one person are given or entered into jointly and severally.
License Grant
We hereby grant you the license to use the site / services conditionally and revocable subject to the terms and conditions appended herein below.
Your license is revocable if you are not above 21 years old.
Your license shall in no way authorize and / or allow you to use the license other than to purchase the products in this site.
You expressly agree that this license shall not be used for any unlawful means contrary to Malaysian Law.
Warranties
You will not authorize others to use your account;
You will not assign or otherwise transfer your account to any other person or legalentity;
You will not use an account that is subject to any rights of a person other than you without our authorization;
You will not use the site / services for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
You will not use the site / services to cause nuisance, annoyance or inconvenience;
You will not impair the proper operation of the site;
You will not try to harm the site in any way whatsoever;
You will not copy, or reproduce the site or its content;
You will keep secure and confidential your account password or any identification we provide to you which allows access to the site / service;
You will provide us with whatever proof of identity we may reasonably request;
You will not use the site / service with an incompatible or unauthorized device;
You will comply with all applicable law of Malaysia;
We reserve the right to immediately terminate your use / access to the site / services should you not comply with any of the above rules.
Limitation on the Usage of the Site / Services
You shall not use the Site / Services for any of the following purposes: -
for any unlawful purpose including, and without limitation, criminal purpose;
to infringe the laws of Malaysia or any other applicable laws and the subsidiary legislations passed there under;
to commit any activities which compromise or adversely affect the reputation and goodwill of us;
to transmit, publish, make available or receive any materials of any kind which is offensive on moral, religious, racial, political or other grounds or unlawful, threatening, harmful, abusive, harassing, defamatory, seditious, indecent, false, menacing, obscene, profane or hateful;
to introduce, assist and/or attempt to introduce any virus, malicious code or any other harmful component to the site;
to infringe or facilitate the infringement of any intellectual property right(s) or other right(s) of us;
to gain unauthorized access or to attempt to access to any computer system connected to the Internet, electronic communications system, telecommunications system or any information regarded as private and confidential by any other person including a company or any corporation through the usage of our site / service;
to interfere or cause any interference to the site / service, services to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system or broadcast attacks; or
which is in breach of any express or implied obligation to us.
Purchase of Products
The purchase of product (as the case may be) by you from the Supplier through the site is always subject to the availability of the same, wherein the availability of the ordered product will be stated in the site.
Price of Products
Price of Product is in any point of time controlled by the Supplier, wherein the price for the same product may differ if it comes from distinct Supplier.
Subject to Purchase of Products (Clause 8), the price of product purchased shall differ from time to time as commensurate by the Supplier.
Notwithstanding the above, each price of product will be stated and made available in the site
Payment Method
Payment is to be made via ipay88. No cash payment is accepted.
Processing and Delivery of Products
We provide delivery service only, for the Supplier, through which all orders and purchases are processed. However, the delivery service provided depends on location coverage/availability/charges.
We do not hold a license to sell home furnishing product(s), nor is a licensed retailer. At the time you purchase the product, you are purchasing the product from a licensed Supplier and your credit card will be charged by a third-party credit card processing provider who will transfer and deliver the funds to us.
Neither us, nor any officer, director, employee, shareholder or our agent shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery of the product or any consequences which may result thereof.
By completing an order through the site, you agree that you are 21 years of age or older and that you will be present to accept the delivery of the product.
Delivery times are subject to our Retail Partner Network and other variables such as time of day, order volume, and traffic conditions.
We do not guarantee delivery times as there could always be external factors that may delay orders.
We cannot guarantee a delivery to anyone other than the intended recipient.
If our mover cannot get in touch with you to make delivery, you will receive a notification to contact the store and you may be charged for redelivery at the store’s discretion.
If the store does not hear from you by the end of the day, it may be held at a local hub for pick up. Please take note that the store reserves the right to charge a restocking and storage fees for the cost of time, gas and labour.
Delivery Fee and Handling Fee
Any fees that we may charge you for the site or services, are due immediately and are non-refundable. We, at our sole discretion, may make promotional offers with different features and different rates to any users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the services or the site without notice.
Subject to Purchase of Products, Price of Products and Delivery of Products (Clause 7, 8 and 10) every Purchase of Product shall carry a Delivery Fee and Handling Fee.
Return
Returns are processed by the Supplier and are subject to their individual policy. Please contact the Supplier by way of chat services provided at the Site and they will be able to follow up with your order.
Risk and Property of the Goods
Risk of damage to or loss of the Product shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the Product, at the time when we have tendered delivery of the Product.
Limitation Liability
The information, recommendations and/or services provided to you on or through the site is for general information purposes only and does not constitute advice.
At all point of time our site operates on the basis of invitation of treat, wherein we make no offer to you. The offer is made by you to the Supplier by the usage of the site / services.
We will reasonably keep the site and its contents correct and up to date but does not guarantee that (the contents of) the site is free of errors, defects, malware and viruses or that the site is correct, up to date and accurate.
We shall not be liable for any damages resulting from the use of (or inability to use) the site wherein such damages shall be targeted to the Supplier, including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the site.
We shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the site, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
We under no circumstances accepts liability in connection with and/or arising from the transportation services provided by the mover or any acts, actions, behaviour, conduct, and/or negligence on the part of the mover’s despatch.
Neither us nor the fulfilling Supplier nor the shipping or delivery company used by the Supplier shall be liable for any damages to goods caused by weather conditions and other 'acts of god' during transportation.
Weather conditions may change at any time, so we or the fulfilling Supplier or the shipping or delivery company used by the Supplier cannot assume liability for damage caused by changes in weather during transportation. 'acts of god' include unforeseeable delays or accidents, public unrest, confiscation and natural disasters.
Return set out in Clause 12 is your sole and exclusive remedies.
Intellectual Property
Unless the prior written consent of us has been obtained, you shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Product.
You agree and acknowledge that the Product shall remain the property of the Supplier.
You further agree that any and all Intellectual Property embodied in or relating to the Product shall remain the sole and exclusive property of the Supplier.
General Provisions
No Joint VentureM. Nothing contained in this Agreement will be construed as creating a joint venture, partnership or employment relationship between the parties hereto, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.
No Assignment. Neither party may assign any rights or obligations under this agreement without the prior written consent of the other party.
Good Faith. The parties shall act at all times in good faith and in the best interests of each other in executing and administering the project and safe guard mutual interest.
Force Majeure. Neither party will be liable for performance delays or for non-performance due to causes beyond its reasonable control.
Notices. All notices required under or regarding this Agreement will be in writing and will be considered given upon personal delivery of a written notice, electronic mailing or within five days of conventional mailing, postage prepaid and Application appropriately addressed.
Waiver. Either party’s failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights.
Severability. If any term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected.
Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the Seller and you, and supersede any previous or contemporaneous communications, representations or agreements between the parties, whether oral or written, regarding the subject matter of this Agreement.
Amendment. The terms and conditions of this Agreement may not be changed except by an amendment signed by an authorized representative of each party.
Application applicable Law. This Agreement is made under and will be construed in accordance with the laws of Federation of Malaysia.
Successors Bound. This Agreement shall be binding upon the personal representative, successor-in-title and permitted assigns of the parties hereto throughout the term and / or tenure of this Agreement.
Time. Time wherever herein mentioned shall be deemed to be of the essence of this Agreement.
Registration fee. You shall pay a one (1) time registration fee of RM200.00 to us upon registration of a new account with us.
Subscription fee. A yearly subscription fee of RM480.00 shall be paid by you to us during the registration of a new account with us and thereafter upon the expiry of your account with us.
Diamond(s). The creation of Diamond(s) on the Site by us is for you to purchase it and thereafter for you to use it to unlock new user(s) account/catalogue and/or redeem yearly subscription for account renewal. The number of diamond(s) required for the Supplier to unlock new user(s) account/catalogue on the Site and/or redeem yearly subscription for account renewal is at the sole discretion of the Platform Provider at all times.
Token(s). The creation of Token(s) on the Site by us is you to earn it based on the number of transaction(s) on the Site and thereafter for you to use it unlock new user(s) account/catalogue. The number of token(s) required for the Supplier to unlock new user(s) account/catalogue is at the sole discretion of the Platform Provider at all times.
Order cancellation penalty. It is hereby agreed that you shall pay to us a penalty of 5% of the order amount if you cancel your order before the Supplier accepts your order. Besides that, you shall pay to us a penalty of 30% of the order amount if you cancel your order after the Supplier accepts your order.
Customer ServiceIf you would like to make any inquiries or complaints, please contact us at:-Address: 149A, Jalan Tengku Badar, 42000 Port Klang, Selangor.Phone: 03-3167 3869Email: [email protected]