By signing up, you agree to our Privacy Policy and Terms & Conditions.
Users Terms & Conditions
1. Definitions
In this agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings
| Phrases |
Definitions |
| Account |
means your account opened with KISB (as hereinafter defined) in connection with the Platform; |
|
Account Identification
|
means identification in respect of the Account (including without limitation Account’s username and password, contact details, and/or other details contained in the Account); |
| Goods and/or Services |
means the items, products, deals, goods and/or services made available or published on or through the Platform for sale or sold through the Platform by KISB; |
| Information |
means any information, data, details, contents and/or materials in any form; |
| Payment Services |
means the payment services made available through the Platform as further described in Clause 6; |
| Platform |
means www.kartasupermall.com or the relevant mobile app and/or mobile site owned, managed and/or operated by KISB; |
| Policies |
means the rules, information and/or policies developed by KISB and published by KISB on the Platform in connection with these Terms and Conditions from time to time (as more particularly described in Clause 5 below); |
| Sale Contract |
means the contract/agreement entered into between you and KISB in respect of the sale of the Goods and/or Services; |
| “user”, “you” or “your” |
means the user of the Platform and/or Services (as hereinafter defined) or the purchaser of the Goods and/or Services (as the case may be); and |
| “we”, “us”, “our”, or “KISB” |
means Karta International Sdn. Bhd. (Company Registration No: 1271300-H). |
2. Agreement
2.1. This agreement, including all schedules and appendices attached or referred hereto (if any), the terms and conditions contained herein, the Policies and all other relevant information published by us from time to time on the Platform, is an agreement between you and KISB (“Agreement” or “Terms and Conditions”).
2.2. This Agreement shall govern your use of the Platform, the Sale Contracts and your use of all the Platform related services provided by us to you (“Services”).
2.3. By accessing, browsing, downloading and/or using the Platform and/or the Services, creating an Account or purchasing any of the Goods and/or Services: 2.3.1. you acknowledge that you have read and agree to comply with and be bound by these Terms and Conditions; and
2.3.2. you acknowledge and consent to the processing of all personal data and information provided, made available or submitted by you to us in accordance with the privacy policy published on the Platform (“Privacy Policy”). You acknowledge that you have read and agreed to the Privacy Policy. If you disagree with any part of these Terms and Conditions, you must immediately notify us and cease your access and/or use of the Platform and/or the Services.
3. Account
3.1. You may register an Account with us by following the procedures set out on the Platform or such other methods as may be specified by us, subject to these Terms and Conditions and our approval or rejection at our sole and absolute discretion. Upon successful registration, you will be able to use the Platform as a registered user subject to these Terms and Conditions.
3.2. You may be required to provide us with your personal information during the registration process and from time to time during your use of the Platform and/or Services. Your personal information will be processed by us in accordance with the Privacy Policy published on the Platform. You shall ensure that all the relevant information is made available to us and kept updated from time to time. You shall promptly notify us in the event that there are any changes to your personal information submitted to us. In the event that any third party personal information is provided by you to us, you are responsible for ensuring that all necessary consent has been obtained from such third party and that such third party has agreed to the processing of his/her personal information by us in accordance with the Privacy Policy.
3.3. No person shall own more than one Account. Your use of the Account is non-transferable and non-assignable to any third party. We will assume that anyone using your Account or transacting through your Account is you. You shall be solely responsible for keeping all your Account Identification and all details in connection with your Account confidential and secured at all times and shall immediately notify us of any unauthorised access to or use of your Account. We accept no liability for the disclosure of the Account Identification by you to any third party, whether intentionally or otherwise. We reserve the right to suspend or protect an Account from being accessed if we have reasonable grounds to believe that the security of the relevant Account has been breached or is at the risk of exposure. You shall be responsible for maintaining the security of your Account and maintaining settings that reflect your preferences.
3.4. You shall frequently check and verify the correctness and accuracy of all the records and activities in connection with your Account and you shall immediately notify us of any inaccurate records or activities.
4. Sale Contracts
4.1. You may purchase the Goods and/or Services made available or published on or through the Platform for sale by paying using the Payment Services (described in Clause 6 below). Unless otherwise stipulated in the Platform or in these Terms and Conditions, the Sale Contracts are entered into between you and KISB. In the event that the Sale Contract in respect of any of the Goods and/or Services made available or published on or through the Platform for sale is deemed to have been formed, usually when you have received the order confirmation, you may not modify or cancel such Sale Contract except with our agreement in writing and on the condition that you shall indemnify us in full against all loss, costs, damages, charges and expenses (including loss of profit) incurred by us as a result of such modification or cancellation.
4.2. At any time before the formation of the Sale Contract in respect of any of the Goods and/or Services made available or published on or through the Platform for sale, we shall be entitled to refuse or cancel your order without giving any reasons despite the fact that your order has been acknowledged by us. If any payment has already been made by you and received by us in relation to an order which has been cancelled for the above reasons, we will refund the same to you.
4.3. You shall honour and perform all the Sale Contracts and carry out all your obligations in connection with the Sale Contracts. You shall observe and comply with all instructions and/or Policies as may be published or provided by us in connection with the Sale Contracts. In the event that any conflict, dispute and/or issue in respect of any Sale Contract arises, we shall have the right to retain any sums paid for the relevant Goods and/or Services until a resolution or settlement has been reached.
5. Policies
5.1. The use of the Platform and/or the Services and the Sale Contracts shall be subject to the Policies as may be developed and imposed on the relevant users by us from time to time. Except as otherwise expressly prohibited or limited by applicable laws, we may amend, update, modify or supplement the Policies from time to time. You are responsible for reviewing such rules and Policies published by us on the Platform or notified to you from time to time for the latest Policies.
6. Payment
6.1. Unless otherwise stipulated or permitted by us, all payment required to be made by you in respect of the Sale Contracts, the Platform and/or the Services shall be made via any of the Payment Services made available on the Platform by following the payment process set out on the Platform. The price payable in respect of the Goods and/or Services made available or published on or through the Platform for sale shall be as stipulated on the Platform.
6.2. The Payment Services are provided and operated by third party payment service provider engaged by us and all payment made via such Payment Services are subject to the specific terms and conditions applicable to the Payment Services imposed by the third party payment service provider in addition to this Agreement.
6.3. Please note that as the Payment Services are not operated by us, any payment dispute or fraud in connection with the payment made via the Payment Services will be referred to the relevant third party payment service provider. To the fullest extent permitted by law, we shall not be made responsible for any payment dispute or fraud not caused by us.
7. Risk
7.1. Risk of damage to or loss of the Goods and/or Services shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Goods and/or Services, the time when delivery of the Goods and/or Services has been tendered. Unless otherwise agreed by us, we shall not be liable for any damage to or loss of the Goods and/or Services from the time when risk passes to you
8. Third Party’s Information, Goods and/or Services
8.1. We may facilitate Information, items, deals, services and/or goods offered, made available or supplied by third parties (“Third Party Information, Goods and/or Services”). All such Third Party Information, Goods and/or Services are offered, made available or supplied to you by the relevant third party and we are merely the facilitator of such Third Party Information, Goods and/or Services. To the fullest extent permitted by law (i) all agreements/contracts in connection with the Third Party Information, Goods and/or Services (where applicable) are strictly made by and between you and the relevant third party to the full and absolute exclusion of us; and (ii) we make no representation and/or warranty of any kind as to such Third Party Information, Goods and/or Services and and we shall not be made liable or responsible to you for any costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising from the Third Party Information, Goods and/or Services not directly caused by us, including without limitation for any negligence, delay, failure, fault and/or breach on the part of the relevant third party.
8.2. You are advised to take the necessary measures to confirm and verify the accuracy of such Third Party Information, Goods and/or Services with the relevant third party.
9. User’s Obligations and Terms of Use
9.1. You shall comply with the Terms and Conditions contained in this Agreement and you shall:
9.1.1. comply with all applicable law, regulations, and all rules, policies, guidelines, requirements and instructions as imposed or may be imposed by all relevant statutory/governmental bodies and/or authorities from time to time; and
9.1.2. comply with all reasonable guidelines, rules, policies, instructions and procedures in connection with the Sale Contracts, the Platform and/or the Services as published/imposed or may be published/imposed by us from time to time.
9.2. The Platform (including without limitation the underlying software of the Platform where relevant), the Services and/or all Information contained on, in or made available through the Platform and/or the Services shall be collectively referred to as the “Platform/Information”, and reference to “Platform/Information” shall include any part thereof. Except as expressly set out in this Agreement or expressly authorised by us in writing, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
9.2.1. copy, distribute, recreate, and/or disseminate the Platform/Information or any part thereof for any purposes other than for normal non-commercial use or where it is necessary for the purpose of back-up or operational security;
9.2.2. rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform/Information or any part thereof;
9.2.3. make alterations or modifications to the whole or any part of the underlying software of the Platform, or permit the underlying software of the Platform or any part thereof to be combined with, or become incorporated in, any other programs;
9.2.4. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform. The Platform/Information shall not be commercialised in any manner whatsoever;
9.2.5. use the Platform/Information for any purposes other than for the purpose of and to the extent permitted under this Agreement. For the avoidance of doubt, you shall not use the Platform/Information in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or not authorised by this Agreement, or act fraudulently or maliciously;
9.2.6. use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform/Information and/or transmit or distribute any malicious code, viruses, or harmful data into or through the Platform or any operating system. You shall continuously operate nationally recognised or reasonable virus scanning software to ensure that your system that integrates with or connected to the Platform/Information does not contain any malicious code, virus or any other contaminant;
9.2.7. misuse, abuse or hack into any aspect of the Platform/Information in any manner whatsoever or otherwise compromise the integrity of our software or systems. You shall not access data or Information not intended for you, including without limitation logging into a server or an account which you are not authorised to access;
9.2.8. send, publish or advertise any unsolicited advertising or promotional content through or on the Platform or any part thereof without our written permission;
9.2.9. use the Platform/Information in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users’ use and enjoyment of the Platform/Information in any manner whatsoever. For the avoidance of doubt, you shall not (i) take any action that places excessive demand on our Platform/Information or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); (ii) scan, test or tamper with the security or configuration of the Platform/Information or otherwise breach any security or authentication measures; or (iii) overload, “flood,” “spam,” “mail bomb,” or “crash” the Platform;
9.2.10. collect, share or harvest any Information from the Platform/Information or our systems (normal non-commercial sharing of the information contained on the Platform excepted) or decipher any transmissions to or from the servers running any of the Services except in such a way which is permitted by this Agreement or other agreements you have with us;
9.2.11. engage in any conduct which will violate any law or infringe our Intellectual Property Rights (hereinafter defined) or those of any third party in relation to your use of the Platform and/or Services;
9.2.12. access, monitor, or copy any content from the Platform/Information using any “robot,” “spider,” “scraper” or other automated means or any manual process (normal non-commercial access to and manual copying of the Platform/Information excepted);
9.2.13. bypass or circumvent measures employed to prevent or limit access to the Platform/Information; and
9.2.14. create any hyperlink or deep link to the Platform from any other website or platform.
9.3. You shall ensure that all Information made available by you to us is accurate, original, authentic, complete, current, kept up-to-date (to the extent necessary for the purpose of this Agreement), reliable and will not violate any law or infringe the Intellectual Property Rights of any third party. You shall not falsify any Information.
9.4. You shall not transmit or post or cause to be transmitted through or posted on the Platform and/or the Services or any part thereof any Information which is or may be unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages or may encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or third party rights.
9.5. By posting or uploading or allowing us to post or upload any Information onto the Platform, you automatically grant, or warrant that the owner of such Information has expressly granted, us the royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, share, publish and distribute such Information (in whole or in part) on or through the Platform.
9.6. Without prejudice to other rights we may have under this Agreement or in law, in the event that you are found to be in breach of any of the terms contained in this Clause:
9.6.1. we shall be entitled to immediately suspend or terminate: (i) any pending Sale Contracts; and/or (iii) your use of the Account or the Platform/Information;
9.6.2. we shall have the right to remove any Information submitted, uploaded or transmitted by you to or through the Platform (if any); and
9.6.3. you shall indemnify us in full and hold us harmless against all claims, loss, costs, damages, charges and/or expenses (including loss of profit) incurred and/or suffered by us as a result of such breach.
10. Warranties and limitation of liability
10.1. We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms and Conditions.
10.2. In relation to the use of the Platform/Information, we do not warrant (to the maximum extent permitted by law) that:
10.2.1. the functions contained in the Platform/Information will meet your requirements;
10.2.2. the operation of the Platform/Information will be uninterrupted (maintenance works will be carried out from time to time);
10.2.3. any Information (or messages) transmitted via the Platform will be transmitted in a timely manner;
10.2.4. the Platform/Information is error free; and
10.2.5. the Platform/Information is free of viruses or other technologically harmful threats. You shall be responsible for implementing all necessary security measures or appropriate scanning and protective mechanisms for the security of your devices, programs and information.
10.3. Notwithstanding anything contained herein and to the maximum extent permitted by law:
10.3.1. the Platform and Services is provided on an “as is” and “as available” basis, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions, including without limitation warranties as to fitness for purpose and non-infringement with respect to such Platform and Services save and except as otherwise expressly provided herein;
10.3.2. in no event shall KISB or its affiliates be liable for any indirect, incidental, punitive and/or consequential damages and/or loss of profit, goodwill, production and/or revenue and/or any other type of special losses and/or damages howsoever arising whether or not such losses and/or damages were reasonably foreseeable or KISB had been advised of the possibility of same incurring; and
10.3.3. KISB’s maximum and cumulative total liability (including without limitation any liability for acts and omissions of its representatives) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, misrepresentation and any other damages and/or losses (“Claims and Losses”) howsoever arising under this Agreement shall not exceed:
10.3.3.1. in respect of Claims and Losses in connection with the Sale Contracts, the purchase price or value of the relevant Sale Contract or RM 300, whichever lower; and
10.3.3.2. in respect of all Claims and Losses other than the Claims and Losses stipulated in Clause 10.3.3.1 above, RM 300.
10.4. Notwithstanding anything contained herein and without prejudice to our rights and remedies under this Agreement or at law, we shall not be liable in any manner whatsoever for any claims, indemnity, proceedings, demands, suits, liability, loss, damage, costs (including legal fees on a solicitor-client basis) and/or expenses to the extent that such claims, indemnity, proceedings, demands, suits, liability, loss, damage, costs and/or expenses is due to or arises from any of the following:
10.4.1. any failure, breach, neglect, negligence or omission on your part or any other person for whose acts or omissions you are vicariously liable, whether in tort, contract or otherwise; and/or
10.4.2. any factors beyond our reasonable control.
11. Advertisements
11.1. We may place advertisements in different locations on the Platform and at different points during your use of the Platform and/or Services. You acknowledge that the advertisements may relate to third party’s goods and/or services and we shall not be made responsible for any such third party goods and/or services. You are advised to take the necessary measures to confirm and verify the accuracy of such advertisements with the relevant third party. To the maximum extent permitted by law, we shall not be liable or responsible in any manner whatsoever for any claims in connection with such advertisements.
12. Links to Third Party Sites
12.1. Where the Platform contains links to third party sites and to resources provided by third parties (“Third Party Sites”), those Third Party Sites are merely linked to provide information only and are solely for your convenience. We have no control over and we assume no responsibility for the Information contained in such Third Party Sites and we accept no responsibility for any loss and/or damage that may arise from your use of the Third Party Sites. If you decide to access any of the Third Party Sites, you hereby agree to do so entirely at your own risk.
13. Intellectual Property
13.1. Each party (its suppliers, contractors, partners and/or licensors (if any)) shall own and retain all its existing rights, titles and/or interests in, to and/or under patents, registered designs, designs, copyrights, names, marks, trade names, trademarks, service marks and logos and all other intellectual, industrial and/or proprietary rights (‘‘Intellectual Property Rights’’). Nothing in this Agreement shall transfer or assign any such Intellectual Property Rights to the other party. For the avoidance of doubt, all images, contents and visuals made available or depicted on the Platform are proprietary to and owned by KISB (or its suppliers, contractors, partners and/or licensors (if any).
13.2. As between KISB and you, all Intellectual Property Rights developed pursuant to this Agreement by KISB (its suppliers, contractors, partners and/or licensors (if any)) shall vest in KISB upon its creation.
13.3. You shall not use any Information in which any of our Intellectual Property Rights (or those in respect of our suppliers, contractors, partners and/or licensors (if any)) subsist without our prior written consent save and except for the purpose of, and only to the extent necessary for the purpose of, performing your obligations under this Agreement. .
14. Confidential Information
14.1. “Confidential Information” means all information of any kind, whether in machine readable or visually readable form, oral or otherwise and whether or not labelled as “Confidential”, that are made available by or on behalf of the disclosing party to the receiving party for the purposes relating to or in connection with this Agreement. “Confidential Information” shall not include information that: (i) was, at the time of its disclosure, already in the possession of the receiving party and such party can establish, through reasonably sufficient and credible competent evidence, such prior possession; (ii) is independently developed by the receiving party, (iii) is or becomes generally available to the public other than as a result of a breach of this Agreement by the receiving party or its Representatives (hereinafter defined); or (iv) becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party or its Representatives; provided, however, that such source is not to the knowledge of the receiving party bound by a confidentiality agreement or other legal or fiduciary obligation of secrecy to the disclosing party.
14.2. The receiving party shall not disclose the disclosing party’s Confidential Information or any part thereof to any person except: (i) where such disclosure is required by law or the regulations of any securities exchange; (ii) to its/his/her respective employees, agents, service provider, personnel and/or legal, financial and/or accounting advisors (collectively, “Representatives”) who have a definite need to know such Confidential Information for the purpose of this Agreement or internal processing requirements; and/or (iii) with prior written approval of the disclosing party.
14.3. For the avoidance of doubt, we shall be entitled to disclose your Information to our related corporations and affiliates and the relevant service providers engaged by us for the purpose of this Agreement. You hereby consent and authorises us to forward your relevant Information to our related corporations and affiliates and the relevant service providers.
14.4. All Confidential Information shall solely be used for the purpose of this Agreement.
15. Indemnity
15.1. You agree to indemnify and hold us, our related corporations, contractors, successors, assigns, and third parties, and each of our and their respective directors, officers, employees and agents harmless from and against all loss, damages, claims, fines, penalties or expenses, including attorneys’ fees, arising howsoever from or in connection with any breach, default, omission, misrepresentation, negligence, misconduct, non-observance and/or non-performance of this Agreement by you or on your part or of any other person for whose acts or omissions you are vicariously liable, whether in tort, contract or otherwise.
16. Termination and Suspension
16.1. Without prejudice to any other right or remedy we may have under this Agreement or at law, we may immediately terminate this Agreement, your Account and/or any pending Sale Contracts if:
16.1.1. you are found to be in breach of any of these Terms and Conditions and such breach is not remedied within seven (7) days of our written notice (without prejudice to Clause 9.6 and Clause 16.2); or
16.1.2. you shall pass a resolution for winding up or becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration (including without limitation bankruptcy proceeding) or if a receiving order is made against you or you make any arrangement or composition with your creditors;
16.1.3. you provide misleading information or make any misrepresentations;
16.1.4. you abuse the Platform/Information or any features made available to you through the Platform; or
16.1.5. you engage in any fraudulent activity.
16.2. Notwithstanding anything contained in this Agreement and without prejudice to any other right or remedy we may have under this Agreement or at law, we reserve the right to immediately (with or without notice):
16.2.1. suspend, restrict or cease your access to the Account, the Platform and/or the Services or any part thereof;
16.2.2. suspend, reverse or cancel any relevant transaction and/or pending Sale Contracts;
16.2.3. deactivate your Account; and/or
16.2.4. withhold, retain or forfeit any payment;
and shall have no liability or responsibility to you in any manner whatsoever if:
16.2.5. you are found to be in breach of any of these Terms and Conditions;
16.2.6. we suspect, on reasonable grounds, that you have committed a breach of these Terms and Conditions;
16.2.7. you are involved in or attempting to carry out any fraudulent or unlawful activities or acted in an inappropriate, abusive or hostile manner; or
16.2.8. we are of reasonable opinion that your use of the Platform/information: (i) poses or will pose a security risk; (ii) causes or will cause disturbances to other users; or (iii) interrupts or will interrupt the provisioning of services or products by us to third parties.
16.3. Upon the occurrence of any of the risks, breaches or events listed in sub-clauses 16.2.5-8 above, we shall be entitled (but not obliged) to carry out all necessary safety measures, investigation and steps to minimise, remedy or resolve such risks, breaches or events. We may refuse to restore your access or lift the suspension until we receive an assurance from you, in the format that we deem acceptable, that the said risks, breaches or events will be fully eliminated, remedied and/or resolved and that you will take all steps necessary to prevent the same from reoccurring. Without prejudice to our other rights and remedies under this Agreement or at law, we shall be entitled to terminate this Agreement, your Account and/or any pending Sale Contracts in the event that any of the said risks, breaches or events continue to exist or are not remedied/resolved
17. Termination for Convenience
17.1. To the maximum extent permitted by law, we shall be entitled to terminate this Agreement and/or close down the Platform with one (1) month’s advance notice to all active registered users of the Platform.
18. Effect of Termination
18.1. Unless otherwise agreed and without prejudice to any other right and remedy we may have under this Agreement or at law, upon termination of this Agreement, termination of your Account or the closure of the Platform, all relevant Services, your use of the Platform and all other rights granted by us to you hereunder shall cease (unless otherwise agreed by us). When requested by us, you shall return to us or destroy all our Confidential Information.
19. Variation
19.1. To the maximum extent permitted by law, we shall have the right at any time to add, delete, amend or modify this Agreement, or any part thereof, from time to time. Such addition, deletion, amendment or modification shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on the Platform, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. You shall immediately notify us in the event that you are not agreeable to any such addition, deletion, amendment or modification, in which case we shall be entitled to terminate this Agreement, the pending Sale Contracts and/or your Account. Any use of the Platform and/or the Services by you after the issuance of such notice shall be deemed to constitute acceptance of this Agreement with such addition, deletion, amendment, or modification.
19.2. We shall have the right at any time to change or discontinue any aspect or feature of the Platform and/or Services.
20. Availability of the Platform and/or Services
20.1. Maintenance, updating and/or upgrading works may be carried out on the Platform from time to time. The Platform and/or the Services may not be available during the maintenance, updating and/or upgrading works and we shall not be held responsible or liable in any manner whatsoever for such unavailability.
21. Governing Law
21.1. This Agreement shall be governed by, construed and enforced under, and subject to, the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction hereto.
22. Force Majeure
22.1. Neither party shall be liable to the other party or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations under this Agreement, if the delay or failure was due to any cause beyond the party’s reasonable control, including but not limited to:
22.1.1. fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
22.1.2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
22.1.3. acts, restrictions, regulations, bye laws, prohibitions, import or export regulations, embargoes or measures of any kind imposed by any governmental, parliamentary or local authority;
22.1.4. strikes, lock outs or other industrial actions or trade disputes;
22.1.5. pandemic, virus outbreak or government restraints;
22.1.6. difficulties in obtaining raw materials, labour, fuel, parts or machinery; or
22.1.7. telecommunication, transportation, power supply, network or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
23. No Agency/Partnership/span>
23.1. Nothing in this Agreement shall create, or be deemed to create, a joint venture, partnership or the relationship of principal and agent between/among the parties. No party has any authority to act, make representations or bind or contract on behalf of any/the other party.
24. Severability
24.1. Any term, condition, stipulation, provision, covenant or undertaking (“Provision”, and any reference to Provision shall include any part thereof) contained in this Agreement which is illegal, invalid or unenforceable shall, to the maximum extent possible, continue to apply with the necessary modification in order that the Provision is legal, valid and enforceable provision which most closely reflects the original Provision. Subject to the foregoing, any Provision which is illegal, invalid or unenforceable shall be fully severable and ineffective to the extent of such illegality, invalidity or unenforceability without invalidating the remaining Provisions contained in this Agreement (which shall not be affected by the illegal, invalid or unenforceable Provision or by its severance herefrom).
25. Successors and Assigns
25.1. This Agreement shall be binding upon the parties and their permitted legal assigns and successors in title.
26. Cumulative Remedies
26.1. All rights and remedies provided under this Agreement are cumulative and not exclusive of the rights, powers or remedies provided by law independent of this Agreement, unless otherwise provided under this Agreement. Any express statement of a right or remedy shall be without prejudice to any other rights and remedies which are available to the relevant party.
27. Survival
27.1. The covenants, conditions and provisions of this Agreement which are capable of having effect and which shall by their nature survive after the expiration or termination of this Agreement shall remain in full force and effect following the expiration or termination of this Agreement.
28. No Waiver
28.1. No failure or delay on the part of a party in exercising any rights or remedies under this Agreement at any time or for any period of time nor any knowledge or acquiescence by a party of, or in, any breach of any provision of this Agreement shall operate as or be deemed to be a waiver thereof nor shall a waiver by that party of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. A provision of right or remedy under this Agreement may not be waived except in writing signed by the Party so waiving.
29. Assignment, Novation, Delegation And Subcontracting
29.1. You shall not transfer, assign, novate and/or sub-contract any of your rights and/or obligations hereunder to a third party without our prior written consent. We may transfer, assign, novate, and/or sub-contract any or all of our rights and obligations under this Agreement to our affiliates or a third party. In such event, we shall be entitled to disclose or transfer your data and information to a prospective or actual transferee, assignee or sub-contractor.
30. Entire Agreement
30.1. This Agreement (together with any documents referred to herein) constitutes the whole agreement between the parties relating to the subject matter hereof and supersedes any prior agreements, understandings or arrangements between the parties, whether oral or in writing relating to the subject matter hereof and no representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as set out in this Agreement.
31. Notice
31.1. Except as otherwise agreed or provided in this Agreement, all notices and other communications to be given to any party pursuant to this Agreement shall be in writing and shall be valid and sufficient if dispatched or sent in the following manner:
If by KISB to you
31.1.1. by hand, registered post, courier or other registered postal service to your address in KISB’s record;
31.1.2. by posting, publishing or sending a notification on or through the relevant Platform;
31.1.3. by email to the email address provided by you;
31.1.4. by publication in a newspaper; or
31.1.5. by short messaging services (SMS) to your mobile phone number registered with KISB.
If by you to KISB
31.1.6. by hand, registered post, courier or other registered postal service to:
Attention: KARTA Supermall Customer Enquiries
Correspondence Address: No 19, Jalan TPP 1/1A, Taman Perindustrian Puchong Batu 12, Jalan Puchong, 47100 Puchong Selangor Darul Ehsan, Malaysia
31.1.7. by email to enquiry@kartasupermall.com
31.2. Notwithstanding anything to the contrary in this clause, notification by way of email, Platform notification and SMS shall not be applicable to or valid with respect to any legal, notices, claims, demands, suits, actions and/or proceedings.
31.3. Notices shall be deemed to have been served: (a) if delivered personally, the next business day after it has been delivered; (b) if sent by registered postal service or courier, three (3) business days after dispatch; (c) if sent by e-mail, upon successful delivery of the email and recorded as a sent email; (d) if sent by way of posting, publishing or sending a notification, on or through the relevant Platform or by SMS, immediately upon it being successfully posted, published or sent; or (e) by publication in a newspaper, upon publication.
31.4. If deemed service or receipt under sub-clause 3 is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), such notice is deemed to have been served or received when business next starts in the place of receipt.
32. Interpretations
In this Agreement, unless the context otherwise requires:
(a) words denoting the singular include the plural and vice-versa;
(b) words denoting natural persons include bodies corporate and unincorporated;
(c) references to any legislation, statutory provision and/or law shall include any subsidiary legislation, guidelines, rulings and/or regulations made under such legislation, statutory provision and/or law and any amendment, substitution, re-enactment, modification and/or replacement made in relation to the foregoing from time to time (“Modification”) so far as such Modification applies or is capable of applying;
(d) headings of this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement;
(e) references to any party to this Agreement or any other agreement or instrument shall include that party’s successors and permitted assigns;
(f) no rule of construction or interpretation applies to the disadvantage or detriment of the party having control or being responsible for the preparation of this Agreement; and
(g) any words following the terms “including”, “include” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
