Terms and Conditions

 


INTRODUCTION


Welcome to the “sarawakproductpavillion.com” website (hereinafter referred to as “SPP Website” or “website”), manage and operated by Borneo Marts Enterprise Sdn Bhd (hereinafter referred to as “BME” or “us” or “our”, or “we”) as the appointed company by the STATE GOVERNMENT OF SARAWAK represented by the MINISTRY OF INDUSTRIAL & ENTREPRENEUR DEVELOPMENT SARAWAK (hereinafter referred to as “MIED”).

The SPP Website provides an e-commerce platform as a centralize hub for selling and promoting Sarawak origin products produced by the Sarawak entrepreneurs which also linked to the Sarawak Product Pavillion store (hereinafter referred to as “SPP”) located at No. 293 & 295 Jalan Tuanku Abdul Rahman, 50100 Kuala Lumpur.

By accessing the SPP Website, you confirm your understanding of the Terms and Conditions. We reserve the right, to change, modify, add or remove portions of these Terms and Conditions of use at any time without prior notice with any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time. Therefore, it is hereby agreed by you as the user that the use of this website is governed by the following terms and conditions.

USE OF WEBSITE AND SERVICE


Content provided on this website is solely for informational purposes. Product representations expressed on this website including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes which are provided by respective vendor or suppliers.

Submissions or opinions expressed on this Website are those of the individual posting such content and may not reflect our opinions. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. We 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 sections

PROTECTION OF INTELLECTUAL PROPERTY, TRADEMARK AND COPYRIGHT


The protection of intellectual property, trademark and copyright shall be enforced in conformity with the respective national laws, rules and regulations. All material from the website whether registered or unregistered, but not limited to, text, graphics, software, photos, video, music, sound, underlying source code and software shall remain our property.

1. Acceptance of Terms


1.1 Scope of Terms and Conditions

1.1.1 The terms and conditions set out below (“Terms and Conditions”) are applicable to all access and use of the Website. You may view the Terms and Conditions via the link set out in the website footer.

1.1.2 These Terms and Conditions are to be read together with the following documents:

  • Cancellation, Exchange, Returns and Refunds Policy
  • Privacy Policy
  • Shipping & Delivery
  • All other policies as published on the Website from time to time.
  • 1.2 Amendment of Terms and Conditions


    1.2.1 Certain services and related features that may be made available on the Site may require registration or subscription. User should choose to register or subscribe for any such services or related features, agree to provide accurate and current information about yourself and to promptly update such information if there are any changes.

    1.2.2 Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such 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 because of or regarding your failure to comply with this section.

    1.2.3 The company shall be entitled at any time and from time to time, to modify, amend or change the Terms and Conditions as appropriate and at our sole and absolute discretion. User is responsible to regularly visit the Website, view the Terms and Conditions, Policies and keep update on any changes made to the Terms and Conditions.

    1.2.4 Please cease to use the website if you are not agreeable to any amendments or modifications of the Terms and Conditions. You agree to use the Website at your own risk, and your use of the Website following any amendment or modifications of the Terms and Conditions constitutes your agreement and acceptance to be bound by the same.

    1.2.5 We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms and Conditions or your own failure to keep yourself updated on the modifications to the Terms and Conditions and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.

    2. Use of Services and the Website


    We grant you a non-transferable and revocable license to use the site, under the Terms and Conditions described for 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 of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

    2.1 User Submissions


    2.1.1 Anything that you submit to the Site and/or provide to us including but not limited to questions, reviews, comments and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.

    2.1.2 In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit regarding such review, comment or other content.

    2.1.3 You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may shall not be obligated to, remove or edit any Submissions.

    3. Trademarks and Copyrights


    All intellectual property rights whether registered or unregistered in the Site, information content on the Site and all the website design, including but not limited to text, graphics, software, photos, video, music, sound and their selection and arrangement and all software compilations underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights reserved.

    4. Order Acceptance and Pricing


    4.1 Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verification or information including but not limited to phone number and address before we accept the order.

    4.2 We are determined to provide the most accurate pricing information on the Site to our users, however errors may still occur such as cases when the price of an item is not displayed correctly on the Website. As such, we reserve the right to refuse or cancel any order.

    4.3 If an item is mispriced, we may at our own discretion either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether the order has been confirmed and your credit card or bank account charged.

    4. Order Acceptance and Pricing


    4.1 Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verification or information including but not limited to phone number and address before we accept the order.

    4.2 We are determined to provide the most accurate pricing information on the Site to our users, however errors may still occur such as cases when the price of an item is not displayed correctly on the Website. As such, we reserve the right to refuse or cancel any order.

    4.3 If an item is mispriced, we may at our own discretion either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether the order has been confirmed and your credit card or bank account charged.

    5. Application and Registration as Member/Buyer


    5.1 To access or use certain services on the Website, you are required to register as a member (“Member).

    5.2 Use of the Website and its services as a Buyer is free.

    5.3 The company has the right to restrict, suspend or terminate your access or use Website of the services (or any part of the same) if in the Company’s sole and absolute opinion, you are in breach of any of the Terms and Conditions.

    6. Protection of Account Details


    6.1 Each member is responsible for maintaining the confidentiality of the Member’s account information including the account password and for all activity that occurs under the Member’s account. You agree to notify us immediately should there be any unauthorized use of your account or password or any other breach of security. You may be held liable for losses incurred by the Company or by other Member and/or Seller due to someone else using your password or account.

    6.2 You may not use anyone else’s password or Member account at any time. We have the right to disable any Member ID or password at any time in our sole and absolute discretion for any reason including where you have breached any provision of these Terms and Conditions.

    7. Terms of Payments


    7.1 The buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Sarawak’s Product Pavilion (SPP) website. The term and conditions applicable to each type of payment, as contained in SPP Website shall be applicable to the Contract.

    7.2 Payment for any purchase of product on the website must be made within one (1) business day from the date order is submitted. if payment is not completed within such time, the said order shall be automatically cancelled by the Website system.

    7. Terms of Payments


    7.1 The buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Sarawak’s Product Pavilion (SPP) website. The term and conditions applicable to each type of payment, as contained in SPP Website shall be applicable to the Contract.

    7.2 Payment for any purchase of product on the website must be made within one (1) business day from the date order is submitted. if payment is not completed within such time, the said order shall be automatically cancelled by the Website system.

    7.3 When making payment, you must only use payment methods that are legally available to you, and shall not fraudulently use any means of payment under another party’s name.

    7.3.1 Online Banking

  • By choosing this payment method, the Buyer shall transfer the payment for the Goods to a SPP account for the total amount of the Buyers purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. SPP, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
  • For the time being, Sarawak’s Product Pavilion (SPP) accept online bank transfers from Maybank, RHB, CIMB, Bank Islam, Hong Leong Bank, AmBank

  • 7.3.2 Automated Teller Machine (ATM) or bank transfer

  • Buyer shall transfer certain amount referred to the order purchase to SPP respective account number as display in the Website. After success transferred, Buyer need to WhatsApp or email the transaction receipt within 24 hours working days. If SPP team did not receive any proof of payment within the stipulated time, the order will not be processed.

  • 7.3.3 Cash on Delivery (COD)

  • Cash on Delivery (Pay cash upon delivery) is available within the region of Klang Valley, against a fee of RM 5 per order. SPP reserves the right to schedule the delivery time. The goods will only be handed over to the Buyer upon full payment in cash by the Buyer.

  • 7.3.4 JomPay

    7.3.5 FPX Payment

    7.3.5.1 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to SPP, SPP shall be entitled to:

    7.3.5.2 Cancel the contract or suspend deliveries of the Goods until payment is made in full and/or

    7.3.5.3 Charge the Buyer interest (both before and after any judgment) on the amount unpaid at the rate of one per cent (1.0%) per month until payment is full made.

    8. Risk and property of the Goods

    8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods at the time when SPP has tendered delivery of the Goods.

    8.2 The Buyer agrees with SPP that the Buyer shall immediately notify SPP of any matter from time to time affecting SPP title.

    8.3 The Buyer shall indemnify SPP against all loss damages costs expenses and legal fees in-cured by the Buyer regarding the assertion and enforcement of SPP rights under this condition.

    9. Liability

    9.1 In the event of a product purchased on the Website, you shall release the Company from all claims, demands and damages, actual and consequential of every kind and nature known and unknown arising out of or in any way connected with such dispute.

    9.2 The Company does not guarantee the quality, safety or legality of the products, the truth or accuracy of the content or listings of Sellers.

    9.3 The Company does not guarantee continuous or secured access to the Website and its services, operation of the Website may be affected by numerous factors outside of the Company’s control.

    9.4 The Company assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Website and under no circumstances will the Company be liable for any loss or damage by your reliance on information obtained through the Website. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information provided and use of the Website is solely at your own risk.

    9.5 The company shall not be liable to you either in contract, negligence or otherwise for any loss, damage, injury or expense, any matter arising out of or regarding the supply or use of the products. Under no circumstances will the company be liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on claims of a Member or whether in action for contract, breach of warranty or otherwise.

    9.6 The Company shall not be responsible for unauthorized access to or alteration of your transmission or data, any material or data sent or received or not sent or received, any transactions entered through this website. You agree that the company is not liable or responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s right, including intellectual property rights.

    9.7 Indemnity. You hereby indemnify and hold the Company, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys' fees incurred or to be incurred, because of any claims, demands or proceedings, by any third party due to or arising out of your breach of this Terms and Conditions and/or the Seller Agreement (as the case may be), or your violation of any law or the rights of a third party.

    10. General

    10.1 Governing Law

    Except as provided for in Clause 14.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLR-CA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.


    10.2 Notices

    Unless specified otherwise in these Terms and Conditions or by the Company, any notice, request, demand or other communication to the Company under these Terms and Conditions shall be given or made in writing and delivered personally or sent by prepaid registered post to the following address:

    Borneo It Enterprise Sdn Bhd
    Jalan Rodat 2/KU5,
    Bandar Bukit Raja
    41050 Klang Selangor

    All notices to you shall be effective if either delivered personally, by courier, email or where applicable on the Website.

    10.3 Force Majeure

    10.3.1 SPP shall not be liable to the Buyer or be deemed to be in breach of the Contract due to any delay in performing or any failure to perform any of SPP obligations if the delay or failure was due to any cause beyond SPP reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond SPP reasonable control:

  • Explosion, flood, tempest, fire or accident;
  • War or threat of war, sabotage, insurrection, civil disturbance or requisition
  • Acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority
  • Import or export regulations or embargoes
  • Power failure or breakdown in machinery
  • Terminate any Contract so affected with immediate effect by written notice to the Buyer and SPP shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
  • 10.4 Severability

    If any provision of these Terms and Conditions and/or the Seller Agreement and/or the Policies is found to be illegal, void or unenforceable under the law, these Terms and Conditions shall continue in force save that such provision shall be deemed severed with effect from the date of such decision or such earlier date as Company may decide or the parties may agree.

    10.5 Waiver

    A failure by the Company to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate to bar the exercise or enforcement thereof at any subsequent time or times.

    11. Definitions

    11.1 In this Terms and Conditions, the Policies unless the context otherwise requires, the following words and expressions shall have the following meanings:

    Terms Meaning
    “Buyer” Means a Member who purchases the Products through the Website, subject to the Terms and Conditions as herein contained
    “Member" Means a member of the Website, registered either as a Buyer or a Seller, who has agreed to be bound by the Terms and Conditions and who is entitled to use the Website to purchase and/or sell products to other Members via the Website.
    “Policies” Shall collectively refer to :
  • Privacy Policy
  • Cancellation, Exchange, Returns and Refunds Policy; and
  • All other policies posted on the Website from time to time
  • “Seller” Means a Member who sells the Products through the Website, subject to the Terms and Conditions.
    “Terms and Conditions” Means these terms and conditions governing the membership of the Website setting out, among others, eligibility requirement of members, services available to Members under the Website, benefits which Members are entitled to and Members rights and obligations.
    “Website” Means the online market place owned and operated by the Company and known as “Sarawak Product Pavillion”, being an e-commerce platform that enables transaction between registered Members, having its domain as www.sarawakproductpavillion.com