Terms & Conditions
- Welcome to the PhotonicsHomeTM online store (the “Site”). Please read the following Terms and Conditions carefully before using this Site so that you are aware of your legal rights and obligations with respect to Kumpulan Abex Sdn Bhd [Company Registration No: 198801000020 (167376-M)] (“KABEX”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms and Conditions. These Terms and Conditions govern your use of Services provided by KABEX.
You represent that you are legally able to accept these Terms and Conditions and affirm that you are of the capacity to form a binding contract. If you do not agree to these Terms and Conditions, you shall not use this Site.
- KABEX reserves the right, in its sole and absolute discretion, to change, modify, suspend, or discontinue all or any part of this Site or the Services or the Terms and Conditions at any time or upon notice as required by local laws. Any changes will be effective upon their publication on the Site with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site. Your continued use of the Site thereafter constitutes your acceptance of all such amended terms. You agree that KABEX shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site's services (or any part thereof).
- KABEX reserves the right to refuse to provide you access to the Site or to allow you to open an Account for any reason.
- INTELLECTUAL PROPERTY
- All proprietary Content and information, whether registered or unregistered, available on the Site, including but not limited to, trademarks, logos, service marks, brand names, text, graphics, button icons, images, audio, clips, data compilations, software, and other intellectual property (“Intellectual Property”) displayed in the Site are the property of KABEX.
- 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 use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent.
- THIRD PARTY LINKS
- The Site may provide links to other World Wide Web sites or resources ("Third Party Links"). You acknowledge and agree that KABEX is not responsible for the content of any such Third-Party Links. Your use of any of the Third-Party Links is at your own risk. KABEX does not warrant the offerings of the Third-Party Links, nor does KABEX assume any responsibility or liability for the actions, content, products, or services of such Third-Party Links, including, without limitation, its Privacy Policies and Terms and Conditions. You should carefully review the Terms and Conditions and Privacy Policies of all Third-Party Links that you visit.
- LIMITED LICENSE
- KABEX hereby grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
Any unauthorized use by you of the Site or any and/or all the Content automatically terminates the limited licenses set forth in this Clause 4 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
- OBLIGATIONS AND RESPONSIBILITIES
- In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall always act in accordance with the law, custom and in good faith. You shall not make any change or alteration to the Site or any Content or services that may appear on the Site and shall not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to KABEX, its affiliates, partners, or licensors.
- You may choose to create an Account on the Site if you are over eighteen (18) years old. If you register for the Site, you will have an email address and password for your account. You are responsible for maintaining the confidentiality of your Account, email address and password and for restricting access to your mobile device and Account. Your email address and password are intended for your use only. You agree that you will not share your email address and/or password with anyone. You are responsible for keeping your account information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, email address and/or password, or because you fail to maintain sufficient security over your Account, email address and/or password.
- KABEX reserves the right to refuse Service and/or terminate Accounts without prior notice if these Terms and Conditions are violated, if the Site is discontinued or for good cause.
- USER CONTENT
- When you transmit, upload, post, e -mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages, or other materials (collectively, “User Content”) on the Site, you are entirely responsible for such User Content. This means that all third parties, including you, are entirely responsible for all User Content that they post to the Site. You acknowledge and agree that KABEX will not be responsible for any User Content.
- You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site any User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation, or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
- You acknowledge that KABEX has the right in its sole discretion to refuse to post or remove any User Content and KABEX reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, KABEX has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and KABEX reserve the right to refuse Services and/or terminate Accounts without prior notice for any Users who violate these Terms and Conditions or infringe the rights of others.
- CONSENT TO RECEIVE ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
- You consent to receive any agreements, notices, disclosures, newsletters, and other communications (collectively, "Notices") to which these Terms and Conditions refer from KABEX electronically including without limitation by e-mail or by posting notices on the Site. You agree that all Notices that KABEX provides to you electronically satisfy any legal requirement that such communications be in writing.
To withdraw your consent to receive Notices electronically, you must notify KABEX of your withdrawal of such consent by contact KABEX via email.
- PRODUCT INFORMATION
- Please note that all pictures shown on our Site are for illustration purpose only and actual products may vary due to product enhancement or change. The final product received being different from the product image on our Site is not a reason we will accept a return nor provide refund.
- KABEX do not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free.
- ORDERS AND PRODUCT AVAILABILITY
- Delivery dates and product quantity availability, as communicated to you, are estimates only. KABEX will make reasonable efforts to deliver products in accordance with the dates communicated to you; however, KABEX is not liable for any failure to deliver where or when estimated. If, for whatever reason, KABEX experiences product shortages, KABEX may hold or allocate products among its customers, as KABEX considers appropriate.
Should Buyer’s order consist of multiple items, KABEX will only shipped out the items upon arrival of out-of-stock items. At times, partial shipment will be made on available items, as KABEX considers appropriate.
- You may not cancel an order, or any part of an order once purchase has been made. KABEX will not provide a refund if you have changed your mind about a particular purchase, so please choose carefully.
- KABEX supports payment methods via credit card, debit card, FPX payment and PayPal. 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.
- KABEX only accept Malaysian Ringgit (MYR) and US Dollar (USD) only.
- KABEX 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. KABEX 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.
- Upon received Buyer’s purchase monies, KABEX will process your order on the next working day and make necessary arrangements to have the purchased item(s) delivered to Buyer and provide details such as the name of the delivery company, the tracking number to Buyer through the Site.
- KABEX will use his/her best effort to ensure that Buyer receives the purchased item(s) within the period specified.
KABEX will not have any liability to Buyer for any failure or delay in delivery due to causes beyond its reasonable control.
- Shipping fees will be calculated based on product weight and product dimension. Final shipping fees will be added to total order.
- Buyer understand he/she bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during delivery, Buyer acknowledge and agree that KABEX will not be liable for any damage, expense, cost, or fees resulted therefrom and Buyer will reach out to the logistic service provider to resolve such dispute.
- REFUND AND EXCHANGE POLICY
- You may not cancel an order, or any part of an order one purchase has been made. KABEX will not provide a refund if you have changed your mind about a particular purchase.
- KABEX have a fourteen (14) working days refund and exchange policy upon receipt of the order, subject to the following terms and condition:
- All products must be unmarked and not defaced in any manner;
- Products must be returned in original packaging;
- Shipping and handling charges for returned items will be on Buyer’s cost and there will be strictly no refunds for any shipping and handling charges;
- If the products for which you wish to exchange is of a higher price than the original purchase price, then you will be required to top up the balance using cash.
If the product for which you wish to exchange is of a lower price, then no balance amount will be refunded to you.
- If there is nothing that fits your requirements, you can send an email to KABEX and request for refund in the form of:
- Cash voucher with validity of three (3) months.
- Bank transfer refunds and we shall deduct a minimum 5% of Buyer’s total purchase or RM30, whichever is higher, as administrative cost plus any transaction fee charged by credit card; or debit card; or FPX of issuance bank or PayPal (whichever is applicable).
- KABEX will review each Buyer’s refund request on a case-by-case basis and, in its sole discretion, determine whether Buyer’s request is successful.
- LIMITED WARRANTY
- KABEX warrants to you that, on delivery, products will be free from defects in material and workmanship and will conform to the applicable specifications for one (1) year from the date of shipment to you by KABEX, under normal use and service when correctly installed and maintained.
- KABEX shall repair or replace, at KABEX’s sole option, any defective or nonconforming product or part thereof which is returned at buyer’s expense to KABEX’s facility, provided, that buyer notifies KABEX in writing promptly after discovery of the defect or nonconformity and within the warranty period.
- KABEX shall not be responsible for any damage occurring in transit or obligated to accept products returned for warranty repair. Buyer bears all risk of loss or damage to the products until delivery at KABEX’s designated facility.
- Repairs made or products or components replaced under warranty are warranted for the remaining unexpired duration of the original warranty period for such products or components.
- The foregoing warranty does not apply to products which are (a) repaired, modified or altered by any party other than KABEX; (b) used in conjunction with equipment not provided or authorized by KABEX; (c) subjected to unusual physical, thermal, electrical or optical stress, improper installation, misuse, abuse, tampering, accident, contamination, or negligence in use, storage, transportation or handling (including any failure to maintain appropriate environmental conditions as specified by KABEX for a particular product); or (d) considered a consumable item or an item requiring repair or replacement due to normal wear and tear.
The foregoing warranty will also not apply if the “Warranty Void If Broken” seal located on any product has been removed, broken, or otherwise tampered with.
- DISPUTE AND LAIBILITY
- With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Malaysia.
- The courts of Malaysia shall have exclusive jurisdiction over any disputes arising out of these Terms and Conditions or the use of this Site.
- You agree to defend, indemnify and hold KABEX, its parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Site or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
- LIMITATION OF LIABILITY
- To the fullest extent permitted by the applicable law, you agree that KABEX shall not be responsible or liable in contract, warranty or in tort (including negligence for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, mis delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with the presence of off-website links on the Site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during use of any Third Party Links; (f) any inaccuracies or omissions in Content; or (g) any event beyond KABEX's reasonable control.
- KABEX shall not be liable for any indirect or consequent loss under these Terms and Conditions or the use of the Site.
- You agree that no claim or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the Site.
- ENTIRE AGREEMENT
- You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement with KABEX concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
- KABEX welcomes information and feedback from our Users which will enable KABEX to improve the quality of service provided. Please refer to our feedback procedure below for further information:
- Feedback may be made in writing through email at firstname.lastname@example.org;
- Anonymous feedback will not be accepted;
- Vague and defamatory feedback will not be entertained.