E-Commerce Terms and Conditions
1. TERMS & CONDITIONS
These Terms and Conditions ("T&C") are applicable to visitors, prospective customers of Hap Seng Star Sdn Bhd ("HSS"), users or others who access or use the service for transacting on this online platform ("User").
By accessing, browsing or using the website [https://hapsengstar.com] or opening an account with HSS, you acknowledge that you have read, understood and irrevocably accept and consent to these T&C, including those additional terms and conditions and policies referenced herein and/or linked hereto.
The service of online booking and purchase available via the website [https://hapsengstar.com] owned by HSS and operated by Driven Communications Sdn Bhd is offered to the User for booking of vehicle(s) and/or merchandise on and subject to the terms and conditions set out below:
- User includes any firm/proprietorship/firm/legal entity/individual and shall be legally competent to enter into a contract. In the case of an individual, User must be a resident of Malaysia and aged 18 or above.
- Only one vehicle or merchandise can be booked or purchased via one booking. In the event that the User is desirous of making a booking or purchase of more than one vehicle or merchandise, the booking or purchase process is required to be repeated.
- User acknowledges that the details of the User provided herein or in any other booking/purchase forms shall be used by HSS for all correspondence with the User.
- User is required to read and understand the specifications, features of the merchandise or vehicle(s) posted, terms and conditions on HSS's website before proceeding with the booking and/or purchase.
- The price of the vehicle shall be determined on the date of the invoicing of the vehicle. The price is ex-showroom prices and subject to change. HSS is not responsible and/or legally bound to inform you of any price changes in advance. The functionality of the website is limited to online booking of the merchandise or vehicle. All formalities with respect of the purchase of the vehicle, including but not limited to the registration process shall be performed and completed at our physical location(s) as selected by the User.
- The sale and delivery of the vehicle shall be subject to fulfilment of all applicable statutory obligations and submission of requisite supporting documents. The User shall be wholly responsible for providing true/complete/accurate information and shall be bound to produce originals for verification by HSS. HSS shall not be responsible for any losses/cancellation in the booking due to submission of complete/false/inaccurate documents/information by the User. HSS reserves its rights to reject and refund the booking sum in case of false/incorrect information provided at the time of the booking.
If you do not agree to be bound by the T & C, you should discontinue your use or access to this Website.
As part of the registration process, the User may choose a password and user name. The User is responsible for keeping the password and user name secure and confidential, and will be responsible for any and all activities on the website under such password or user name. The User warrants and undertakes to immediately notify HSS of any unauthorised use of the password or user name or any other breach of security relating to the User.
3. PRODUCT LISTING
- 3.1 While HSS attempts to provide an accurate description of the vehicle(s) and other products on this Website, we do not warrant the accuracy, completeness, reliability or currency of such descriptions. The information contained on this Website is intended only to provide a general indication of our vehicle and/or merchandise and pricing. Prices and specifications including standard features, accessories, equipment, options and colours are subject to availability and inventory, and HSS reserves the right to revise pricing and/or specifications at any time, without notice.
- 3.2 Illustrations are representative only. Models of the vehicles may be shown with features, accessories, equipment, options and/or colours not available in Malaysia, or available only at extra cost, or available only on particular models.
- 3.3 Hap Seng Star reserves the right to change the displayed prices and product specification without prior notice and at any time to refuse or cancel any orders or bookings that are placed on this Site.
4. ACCOUNTS AND SECURITY
- 4.1 Some functions in our Site requires registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Hap Seng Star, in its sole discretion, finds offensive or inappropriate, Hap Seng Star has the right to suspend or terminate your Account.
- 4.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Hap Seng Star of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Hap Seng Star will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
4.3 You agree that Hap Seng Star may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Hap Seng Star deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected:
- (a) extended periods of inactivity,
- (b) violation of the letter or spirit of these Terms of Service,
- (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour
- (d) having multiple user accounts,
- (e) buying products on the Site for the purpose of commercial re-sale,
- (f) abnormal or excessive purchase of products,
- (g) behaviour that is harmful to the business interests of Hap Seng Star,
- (h) use of an Account for illegal, fraudulent, or defamatory purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Site for any reason, Hap Seng Star may terminate your Account immediately with or without notice.
- 4.4 Users may terminate their Account if they notify Hap Seng Star in writing (including via email at email@example.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Hap Seng Star after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Hap Seng Star shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Hap Seng Star.
- 4.5 You may only access the Site and/or open an Account if you are located in Malaysia.
5. TERM OF USE
- 5.1 All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property ("Intellectual Property") displayed in the Site are the property of Hap Seng Star. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Site you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not copy our Content, without our prior written consent.
5.2 You agree not to:
- (a) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
- (b) use the Site for the benefit of any third party or any manner not permitted by the Hap Seng Star;
- (c) access the Hap Seng Star platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
- (d) manipulate the price of any item or interfere with other Hap Seng Star's product listings;
- (e) attempt to decompile, reverse engineer, disassemble or hack the Site (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Hap Seng Star with respect to the Site and/or data transmitted, processed or stored by Hap Seng Star;
- (f) use the Site to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
- (g) infringe the rights of Hap Seng Star, including any intellectual property rights and any passing off of the same thereof;
- 5.3 You acknowledge, consent to and agree that Hap Seng Star may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Hap Seng Star or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Hap Seng Star, its Users and/or the public.
6. PURCHASE AND PAYMENT
6.1 Hap Seng Star supports one or more of the following payment methods in Malaysia:
- (i) Credit Card Credit card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
- (ii) Bank Transfer Buyer may make payments through an Automated Teller Machine or internet bank transfer ("Bank Transfer") to our designated Hap Seng Star Account. Buyer must provide Hap Seng Star with the transfer receipt or payment transaction reference for payment verification purposes. If payment confirmation is not received by Hap Seng Star within two (2) days, Buyer's order will be cancelled.
- 6.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
- 6.3 Hap Seng Star takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
- 6.4 For purchase of vehicle, Buyer is responsible to submit all necessary documents to Hap Seng Star for Bank Loan application within seven (7) days of booking. If documents are not received by Hap Seng Star within seven (7) days, Buyer's order will be cancelled.
7. DELIVERY, CANCELLATION, RETURN AND REFUND
- 7.1 Hap Seng Star will inform Buyer when Hap Seng Star receives Buyer's Purchase Monies. Unless otherwise agreed, Hap Seng Star should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through Email.
- 7.2 Buyer may only cancel his/her order prior to the payment of Buyer's Purchase Monies. There will be STRICTLY NO REFUNDS, RETURNS or EXCHANGE or product after confirmation of transaction.
- 7.3 Hap Seng Star reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer's sole remedy will be to receive a refund of the Buyer's Purchase Monies paid to Hap Seng Star.
- 7.4 Hap Seng Star can take bookings and orders from within Malaysia only and now delivery to P.O. Box will be entertained.
- 7.5 At the time of delivery, Buyer is required to validate the receipt of their purchase by acknowledging the delivery courier slip or vehicle delivery form. By acknowledging the delivery courier slip or vehicle delivery form, Buyer agrees that the product or vehicle has been inspected and received in good condition.
- 7.6 If the products or vehicle is undeliverable to Buyer successfully after 2 attempts or Buyer failed to pick up the purchase at a nearby location as stated by the delivery provider, the purchase may be forfeited and no refund will be returned to Buyer..
- 7.7 Hap Seng Star is only able to deliver to one address per order. If Buyer would like to deliver to multiple addresses, each order must be made separately for each unique address.
- You agree to indemnify, defend and hold harmless Hap Seng Star, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction, (b) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (c) your use or misuse of the Site, (d) your breach of any law or any rights.
9. GENERAL PROVISIONS
- 9.1 Hap Seng Star reserves all rights not expressly granted herein.
- 9.2 Hap Seng Star may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
- 9.3 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: firstname.lastname@example.org
LEGAL NOTICES: Please send all legal notices to email@example.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE "SIGN UP" BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.