Terms & Conditions
Definitions
For the purposes of these Terms & Conditions:
- “Company” (referred to as either the “Company”, “We”, “Us” or “Our”) refers to POINT TECH MARKETING SDN BHD.
- “Goods” refers to the items offered for sale on the Service, including but not limited to keyboards, mice, mouse pads, computer accessories, speakers, and other related products.
- “Orders” means a request by You to purchase Goods from Us.
- “Service” refers to the POINT TECH MARKETING SDN BHD website, accessible from https://pointtechmarketing.online/.
- “You” means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- “Website” means the Service operated by the Company and accessible through the URL stated above.
- “Content” means all text, images, graphics, photographs, product descriptions, logos, trademarks, videos, information and other materials displayed on the Service.
- “Third Party” means any individual, company, organisation, service provider, payment provider, delivery provider or other entity that is not the Company.
These Terms & Conditions govern Your access to and use of the Service and Your purchase of Goods from Us. By accessing the Service, browsing the Website, placing an Order, or otherwise using the Service, You acknowledge that You have read, understood and agreed to be bound by these Terms & Conditions.
If You do not agree with any part of these Terms & Conditions, You should not access or use the Service.
1. General Terms
1.1. These Terms & Conditions apply to all visitors, users, customers and other persons who access or use the Service.
1.2. The Company reserves the right to amend, modify, update or replace these Terms & Conditions at any time without prior notice.
1.3. Any changes to these Terms & Conditions will become effective once they are published on the Website, unless otherwise stated.
1.4. Your continued use of the Service after any amendments have been published constitutes Your acceptance of the revised Terms & Conditions.
1.5. You are responsible for reviewing these Terms & Conditions periodically to ensure that You remain aware of any changes.
2. Use of the Website
2.1. You agree to use the Service only for lawful purposes and in accordance with these Terms & Conditions.
2.2. You must not use the Service:
- For any unlawful, fraudulent or unauthorised purpose;
- To violate any applicable law or regulation;
- To interfere with or disrupt the operation of the Website;
- To attempt to gain unauthorised access to any part of the Website, server or system;
- To introduce viruses, malware, harmful code or other malicious materials;
- To impersonate another person or entity;
- To collect or attempt to collect information from other users without authorisation;
- To reproduce, copy, modify or distribute Website Content without permission; or
- In any manner that may damage the reputation, operation or interests of the Company.
2.3. The Company reserves the right to restrict, suspend or terminate Your access to the Service if We reasonably believe that You have violated these Terms & Conditions.
3. Eligibility
3.1. By using the Service, You represent that You are legally capable of entering into a binding agreement under applicable law.
3.2. If You are accessing or using the Service on behalf of a company, organisation or other legal entity, You represent that You have the authority to bind that entity to these Terms & Conditions.
3.3. The Company reserves the right to refuse or cancel Orders where We reasonably believe that the person placing the Order does not have the legal capacity or authority to do so.
4. Product Information
4.1. We make reasonable efforts to ensure that product names, descriptions, specifications, images, prices and other information displayed on the Website are accurate and up to date.
4.2. However, the Company does not guarantee that all information displayed on the Website will always be complete, accurate, current or free from typographical or technical errors.
4.3. Product images are provided for illustration purposes. Actual Goods may vary slightly in colour, appearance, packaging, design or other visual characteristics due to photography, lighting, screen settings, manufacturer changes or other factors.
4.4. Product specifications, features, colours, dimensions, packaging and other details may be changed by manufacturers or suppliers without prior notice.
4.5. If a product specification is important to Your purchasing decision, You should contact Us before placing Your Order for confirmation.
5. Availability of Goods
5.1. All Goods displayed on the Website are subject to availability.
5.2. The display of a product on the Website does not guarantee that the product will remain available at the time You place an Order.
5.3. The Company reserves the right to limit the quantity of Goods available for purchase.
5.4. We may discontinue, replace or modify any Goods at any time without prior notice.
5.5. If We are unable to fulfil an accepted Order due to stock unavailability or other circumstances beyond Our reasonable control, We may contact You to arrange an appropriate solution, including cancellation and refund where applicable.
6. Orders
6.1. You may place an Order through the purchasing facilities made available on the Service.
6.2. When placing an Order, You are responsible for ensuring that all information provided is complete, accurate and up to date.
6.3. You should carefully review Your Order before submitting it, including the selected Goods, quantities, delivery information, contact details and payment information.
6.4. Submission of an Order constitutes an offer by You to purchase the selected Goods in accordance with these Terms & Conditions.
6.5. An Order is subject to acceptance by the Company.
6.6. The Company reserves the right to accept, reject, cancel or limit any Order at Our discretion, including where:
- The Goods are unavailable;
- There is an error in the product information or pricing;
- The Order contains unusual or suspicious activity;
- We are unable to verify the information provided;
- There are payment or transaction issues;
- There are delivery limitations; or
- We reasonably believe the Order has been placed fraudulently or in violation of these Terms & Conditions.
6.7. Where an Order is cancelled after payment has been received, the Company will arrange an applicable refund in accordance with Our refund procedures and applicable law.
7. Prices
7.1. All prices displayed on the Website are stated in Malaysian Ringgit (MYR), unless otherwise indicated.
7.2. The Company reserves the right to change product prices at any time without prior notice.
7.3. Price changes will not affect an Order that has already been accepted by the Company, except where permitted or required by applicable law.
7.4. Despite Our efforts to maintain accurate pricing information, errors may occasionally occur.
7.5. If a Goods is listed at an obviously incorrect price due to a technical, typographical or system error, the Company reserves the right to cancel the affected Order and provide an appropriate refund where payment has already been made.
8. Promotions, Discounts and Vouchers
8.1. The Company may offer promotions, discounts, vouchers, campaigns or other special offers from time to time.
8.2. Each promotion may be subject to additional terms and conditions.
8.3. Promotional offers may have limited validity periods, limited quantities or other restrictions.
8.4. Unless expressly stated otherwise, promotions cannot be combined with other promotions, discounts or vouchers.
8.5. The Company reserves the right to modify, suspend or terminate any promotion at any time, subject to applicable law.
9. Payment
9.1. Payment must be made using the payment methods made available through the Service.
9.2. You agree to provide valid and accurate payment information when placing an Order.
9.3. The Company may use third-party payment service providers to process transactions.
9.4. The Company does not store or directly process sensitive payment information where such information is handled by third-party payment providers.
9.5. Your use of any third-party payment service may also be subject to the terms, conditions and privacy policies of that third party.
9.6. An Order may not be processed or may be cancelled if payment is unsuccessful, declined, reversed or otherwise not received.
10. Delivery
10.1. The Company will arrange delivery of accepted Orders to the delivery address provided by You during checkout.
10.2. You are responsible for ensuring that the delivery information provided is accurate and complete.
10.3. The Company shall not be responsible for delivery delays, failed deliveries or additional delivery attempts resulting from incorrect, incomplete or inaccessible delivery information provided by You.
10.4. Estimated delivery times are provided for general guidance only and may vary depending on factors including order volume, courier availability, public holidays, weather, traffic, operational disruptions and other circumstances beyond Our reasonable control.
10.5. Risk relating to the Goods may pass to You upon delivery of the Goods to the delivery address provided in the Order, subject to applicable law.
10.6. You should inspect the Goods upon receipt and contact Us as soon as reasonably possible if You believe that the Goods are incorrect, damaged or defective.
11. Returns, Refunds and Exchanges
11.1. Returns, refunds and exchanges are subject to the Company’s applicable Return, Refund and Exchange Policy.
11.2. Goods may not be returned, exchanged or refunded simply because You have changed Your mind, unless otherwise required by applicable law or expressly stated by the Company.
11.3. Where a return, refund or exchange is approved, You may be required to provide relevant information, photographs, videos, Order details or other evidence relating to the issue.
11.4. Returned Goods may be required to remain in their original condition, including original packaging, accessories, manuals, tags and other items supplied with the Goods, where applicable.
11.5. The Company reserves the right to reject a return, refund or exchange request where the applicable requirements have not been satisfied.
11.6. Nothing in these Terms & Conditions is intended to exclude or restrict any rights or remedies that cannot lawfully be excluded or restricted under applicable law.
12. Damaged, Defective or Incorrect Goods
12.1. If You receive Goods that are damaged, defective, incorrect or materially different from the description provided on the Website, You should contact Us as soon as reasonably possible.
12.2. The Company may request photographs, videos, packaging information, delivery details or other evidence to assess the issue.
12.3. Depending on the circumstances and applicable law, the Company may provide an appropriate remedy, which may include replacement, exchange, repair, refund or another suitable resolution.
12.4. The availability of a particular remedy may depend on the nature of the issue, availability of replacement Goods and applicable legal requirements.
13. Intellectual Property Rights
13.1. Unless otherwise stated, all intellectual property rights relating to the Service and its Content belong to or are licensed to the Company.
13.2. This includes, without limitation:
- Website design and layout;
- Logos and branding;
- Text and written materials;
- Product descriptions;
- Photographs and graphics;
- Videos;
- Software and Website functionality; and
- Other materials made available through the Service.
13.3. You may access and use the Website for personal and legitimate purchasing purposes.
13.4. You must not copy, reproduce, modify, distribute, publish, transmit, sell, licence or commercially exploit Website Content without Our prior written permission, except where permitted by applicable law.
13.5. All trademarks, trade names, logos and other intellectual property belonging to third parties remain the property of their respective owners.
14. User-Submitted Content
14.1. If the Service allows You to submit reviews, comments, photographs, feedback or other content, You remain responsible for the content that You submit.
14.2. You must not submit content that:
- Is unlawful, misleading, fraudulent or defamatory;
- Infringes the intellectual property rights of another person;
- Contains malicious software;
- Contains personal information belonging to another person without permission;
- Is abusive, threatening or discriminatory; or
- Violates any applicable law or regulation.
14.3. By submitting content to the Service, You grant the Company a non-exclusive, royalty-free right to use, reproduce, display and publish such content for purposes related to operating, promoting or improving the Service, subject to applicable law.
14.4. The Company reserves the right to remove or refuse any submitted content that We consider inappropriate or inconsistent with these Terms & Conditions.
15. Third-Party Services and Links
15.1. The Service may contain links to third-party websites, services, payment providers, delivery providers or other external platforms.
15.2. Third-party services are not owned or controlled by the Company unless expressly stated otherwise.
15.3. The Company is not responsible for the availability, accuracy, security, privacy practices, content, products or services provided by third parties.
15.4. Your use of third-party services is subject to the terms and policies of those third parties.
16. Privacy
16.1. Your use of the Service may involve the collection, processing and use of personal information.
16.2. The Company will handle personal information in accordance with its applicable Privacy Policy and relevant laws and regulations.
16.3. By using the Service, You acknowledge that You should review the Company’s Privacy Policy to understand how Your information may be collected, used and processed.
17. Disclaimer
17.1. The Service and its Content are provided on an “as available” and “as is” basis to the extent permitted by applicable law.
17.2. While We make reasonable efforts to maintain the accuracy and availability of the Service, We do not guarantee that:
- The Service will always be available or uninterrupted;
- The Service will be free from errors;
- The Website will be free from viruses or other harmful components;
- All information displayed on the Website will always be complete or accurate;
- The Service will meet every individual user’s requirements; or
- Any technical issue will be resolved within a particular period.
17.3. The Company may temporarily suspend or restrict access to the Service for maintenance, upgrades, security measures, technical problems or other operational reasons.
18. Limitation of Liability
18.1. To the maximum extent permitted by applicable law, the Company shall not be liable for indirect, incidental, special, consequential or unforeseeable losses arising from or relating to Your use of the Service or purchase of Goods.
18.2. This may include, where legally permissible, loss of profits, loss of business, loss of revenue, loss of data or loss of anticipated savings.
18.3. The Company shall not be responsible for losses caused by circumstances beyond Our reasonable control, including but not limited to:
- Natural disasters;
- Floods;
- Fire;
- Severe weather;
- Government restrictions;
- Public emergencies;
- Internet or telecommunications failures;
- Courier or logistics disruptions;
- Supplier disruptions;
- Power failures;
- Cybersecurity incidents; or
- Other events beyond the Company’s reasonable control.
18.4. Nothing in these Terms & Conditions shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law.
19. Indemnification
19.1. To the extent permitted by applicable law, You agree to indemnify and hold harmless the Company, its directors, employees, representatives, agents and service providers from claims, losses, liabilities, damages, costs and expenses arising from:
- Your violation of these Terms & Conditions;
- Your misuse of the Service;
- Your violation of any applicable law or regulation;
- Your infringement of the rights of another person; or
- Any information or content submitted by You through the Service.
19.2. The Company reserves the right to assume exclusive control over the defence of any matter for which You may be required to indemnify the Company.
20. Account Security
20.1. If the Service allows You to create an account, You are responsible for maintaining the confidentiality of Your login credentials.
20.2. You must not share Your password or account credentials with unauthorised persons.
20.3. You are responsible for all activities conducted through Your account unless the activity resulted from circumstances beyond Your reasonable control.
20.4. You must notify the Company promptly if You suspect that Your account has been accessed without authorisation.
21. Prohibited Activities
You agree not to:
- Attempt to interfere with the Website’s security or functionality;
- Reverse engineer or attempt to obtain the source code of the Website where prohibited by law;
- Use automated systems to scrape, copy or collect Website Content without permission;
- Attempt to bypass security measures;
- Use the Website for fraudulent transactions;
- Place Orders using stolen or unauthorised payment information;
- Introduce malicious code or harmful software;
- Resell or commercially exploit the Service without Our permission; or
- Engage in any activity that may harm the Company, its customers or the operation of the Website.
22. Termination
22.1. The Company may suspend or terminate Your access to the Service if You breach these Terms & Conditions or engage in conduct that may adversely affect the Company, the Service or other users.
22.2. The Company may also suspend or terminate access where required for legal, regulatory, security or operational reasons.
22.3. Termination of access does not affect any rights or obligations that accrued before termination.
23. Force Majeure
23.1. The Company shall not be liable for any delay or failure to perform its obligations where such delay or failure is caused by events beyond Our reasonable control.
23.2. Such events may include natural disasters, floods, earthquakes, fire, war, terrorism, civil unrest, government actions, strikes, epidemics, pandemics, transportation disruptions, telecommunications failures, power outages, cyber incidents, supplier failures or other circumstances beyond the Company’s reasonable control.
23.3. Where reasonably possible, the Company will take reasonable steps to minimise the impact of such circumstances.
24. Governing Law
24.1. These Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia.
24.2. Any dispute, controversy, claim or disagreement arising out of or relating to these Terms & Conditions, the Service or any transaction between You and the Company shall be subject to the applicable laws and jurisdiction of Malaysia.
24.3. You agree to submit to the jurisdiction of the competent courts of Malaysia in relation to any dispute arising from or connected with these Terms & Conditions, subject to any mandatory rights or remedies available under applicable law.
25. Severability
25.1. If any provision of these Terms & Conditions is determined to be invalid, unlawful or unenforceable by a competent authority, that provision shall be modified or removed to the minimum extent necessary.
25.2. The remaining provisions shall continue to remain valid and enforceable.
26. Waiver
26.1. If the Company does not immediately enforce any right or provision under these Terms & Conditions, this does not constitute a waiver of that right or provision.
26.2. Any waiver must be expressly provided by the Company and shall not automatically apply to any future breach or situation.
27. Entire Agreement
27.1. These Terms & Conditions, together with any policies, notices or additional terms expressly incorporated into them, constitute the entire agreement between You and the Company concerning Your use of the Service and purchase of Goods.
27.2. They supersede any previous agreements, communications or understandings relating to the same subject matter, to the extent permitted by applicable law.
28. Changes to These Terms & Conditions
28.1. The Company reserves the right to update or amend these Terms & Conditions from time to time.
28.2. The updated version will be published on the Service with a revised “Last Updated” date.
28.3. You are encouraged to review these Terms & Conditions periodically.
28.4. Your continued access to or use of the Service following the publication of changes constitutes acceptance of the updated Terms & Conditions, to the extent permitted by applicable law.
29. Contact Us
If You have any questions, concerns or requests regarding these Terms & Conditions, You may contact Us using the information below:
POINT TECH MARKETING SDN BHD
27, JALAN AU 5D/9,
LEMBAH KERAMAT, 54200,
KUALA LUMPUR W.P.,
KUALA LUMPUR, MALAYSIA
Email: pointt.marketing@outlook.com
Contact Number: +6011-1280 3417
Website: https://pointtechmarketing.online/
By accessing or using the Service, You acknowledge that You have read, understood and agreed to these Terms & Conditions.
