Terms & Conditions

OVERVIEW

Your use of www.maccity.com.my (the “Website”) is operated by Mac City Sdn. Bhd. (“MAC CITY”).and subject to the following terms and conditions (these “Terms and Conditions”) and the Privacy Policy as set out at MAC CITY Privacy Policy. If you do not accept these Terms and Conditions and the Privacy Policy, you must refrain from using the Website.

You may use the service offered on or through the Website based on the terms and conditions as determined by MAC CITY. You may be required to register as a member to be able to use some services provided by MAC CITY. All members acknowledge and agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the services and/or access to the Website, as well as any amendments to the aforementioned, issued by us, from time to time.

We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon the publication on the Website.

SECTION 1 - GENERAL TERMS OF USE

By agreeing to the Terms of Conditions,

You agree:

  1. a)  to access and/or use the Website only for lawful purposes and in a lawful manner at all times and

    further agree to conduct any activity relating to the services in good faith; and

  2. b)  to ensure that any information or data you post or cause to appear on the Website in connection

    with the services is accurate and agree to take sole responsibility for such information and data.

You shall undertake:

  1. a)  you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Website.

  2. b)  not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;

  3. c)  not to use the platform or services for illegal purposes;

  4. d)  not to attempt to gain unauthorized access to or otherwise interfere or disrupt another computer

    systems or networks connected to the Website;

  5. e)  not to post, promote or transmit through the Website for any prohibited materials;

  6. f)  not to interfere with another user’s utilization and enjoyment of the Website;

  7. g)  not to use or upload, in any way, any software or material that contains, or which you have reason

    to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website’s data or damage or interfere with the operation of another user’s computer or mobile device or the Website; and

  8. h)  not to use the Website other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

A breach or violation of any of the Terms and Conditions will result in an immediate termination of your membership.

MAC CITY reserves the right to cancel or reject any use of the Website at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.

SECTION 2 – COPYRIGHTS

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, is strictly prohibited except with prior written permission from the management of MAC CITY. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  1. a)  All images used in the Website are solely for illustration purposes only; actual item / colour may vary.

  2. b)  We are not responsible if information made available on the Website is not accurate, complete or current.

  3. c)  The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

  4. d)  Any reliance on the material on the Website is at your own risk.

  5. e)  The Website may contain certain historical information. Historical information, necessarily, is not

    current and is provided for your reference only.

  6. f)  We reserve the right to modify the contents of the Website at any time, but we have no obligation

    to update any information on the Website.

SECTION 4 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Website. The products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer or to discontinue any product at any time. All listing prices are subject to taxes, unless otherwise stated. We reserve the right to amend the listing prices at any time without giving any reason or prior notice

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns and Refund Policy.

SECTION 6 - THIRD-PARTY LINKS

 

  1. a)  The Website may provide links to other websites hosted by third parties ("Linked Sites”). We do not have the obligation to monitor the content on the Linked Sites and have no discretion to alter, update or control the content on the Linked Sites. Our provision of hyperlink to Linked Sites shall not be construed as an endorsement, authorization, sponsorship, or affiliation with respect to such websites, their owners, or their providers.

  2. b)  The Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions which differ from the provisions provided here and our Privacy Statement. If you link to otherwise visit any of these Linked Sites, please review their respective terms of use, privacy statements, notices and policies.

SECTION 7 - SUBMISSIONS

All suggestions, ideas, notes, concepts, contest entries, feedback and other information you may from time to time send to us whether online, by email, by postal mail, or otherwise (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

SECTION 8 - PERSONAL INFORMATION

MAC CITY respects and is committed to your privacy. For information about how we protect your personal information, see the Privacy Policy.

Subject to receipt of your consent, we or our authorised third parties may contact you for marketing purposes and send advertisements and promotion information to you under the Privacy Policy.

Please be noted that your connection to the Site and data transmissions are never completely private or secure, and any message or information you send to the Site may be intercepted by others. MAC CITY cannot ensure that your connection to the Site and data transmissions are private and secure.

SECTION 9 - DISCLAIMER AND LIMITATION OF LIABILITY

The information from or through the Website are provided "as-is," "as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The content on the Website or a Linked Site may include inaccuracies or typographical errors, and we specifically disclaim any liability for such inaccuracies or errors. We do not warrant or represent that the content on the Website is complete or up-to-date and have no obligation to update any content on the Website. We may make improvements or changes to the Website and content at any time without notice. You agree that MAC CITY and any of its respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation loss of profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Website or a Linked Site, or with the delay or inability to use the Website or a Linked Site, even if we are made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems such as inability to access your internet service provider, unauthorized access, theft, operator errors, strikes or other labour problems or any force majeure. While we have taken reasonable commercial endeavours to ensure security and maintenance of the Website, we cannot and do not guarantee continuous, uninterrupted or secure access to the Website.

SECTION 10 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mac City Sdn Bhd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors

 

suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 11 - SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 – TERMINATION OR SUSPENSION

MAC CITY may suspend or terminate the provision of services by the Website, in whole or in part, or take the necessary measures without prior notification to the users in order to maintain the quality of services with regards to the following:

  1. a)  Performing routine system maintenance or emergency system maintenance;

  2. b)  In case of an overload;

  3. c)  When MAC CITY detects a likely risk of interruption of services; to ensure the safety of the

    users; or when deemed necessary.

  4. d)  MAC CITY will not be responsible for any losses or user’s termination of the services due to

    suspension.

SECTION 13 - GOVERNING LAW

You agree that this agreement shall be governed by the laws of Malaysia and you submit to the non- exclusive jurisdiction of the courts of Malaysia to determine any disputes arising out of or in connection with this agreement.