TERMS & CONDITIONS

Terms and Conditions for DPULZE Shopping Centre

Terms and Conditions of Use

1. General

1.1 This site is operated by DPULZE VENTURES SDN BHD (881494-T), of Lot UG-23 DPulze Shopping Centre, Persiaran Multimedia, Cyber 12, 63000 Cyberjaya.

1.2 By accessing, viewing and/or using this site, you expressly agree and acknowledge that you have understood, accepted and are bound by the terms and conditions of use of this site set out hereinbelow.

1.3 The information, materials and content on this site including but not limited to these terms and conditions of use may be updated from time to time without prior notice. Your continued use of this site after any amendment to these terms and conditions of use constitutes an agreement by you to abide and be bound by the terms and conditions of use as amended.

1.4 Access to this site is not guaranteed to be provided on a continuous, uninterrupted or permanent basis. We reserve the right to withdraw or amend the products and/or services listed on this site without notice and without any liability whatsoever. We shall not be liable if this Site is unavailable at any time or for any period for whatever reason.

1.5 When you register to use this site, you are required to provide us with information about yourself which is true, accurate, current and complete in all respects. We reserve the right to disable any or all of your access to this site at any time without liability to you.

1.6 When you sign up to become a member of and/or to use this site, you will provide us with certain personal information which may be used for providing you with news, offers and information about this site or DPulze subject always to our privacy notice at http://dpulze.com/privacy-policy/

1.7 We do not take responsibility and do not assume any obligation whatsoever for sites of other corporations or legal entities, whether or not linked, or any device used to access or view our site.

1.8 While we reserve the right to update this site as and when practicable, the information, materials and content on this site are made available strictly on an “as-is” basis. No warranty or representation of whatever nature, whether express or implied or otherwise, is given in respect of such information, materials or content.

1.9 While every reasonable effort has been taken to ensure the accuracy and correctness of any information, materials or content (including those provided by the relevant retailer, merchant or supplier) at the time of its posting or uploading to this site, no responsibility for their accuracy and correctness or continuing accuracy and correctness, or for any consequences of relying on it in any manner whatsoever, is assumed by us.

1.10 We shall not be liable for any loss whatsoever incurred from relying on this site, including data corruption on download. We shall not accept, and expressly disclaim to the fullest extent permitted by all applicable laws, any liability or responsibility for any or all loss or damage of whatever nature, whether direct indirect consequential or otherwise, which arises or may arise from the use of or reliance on any information, materials or content contained on this site.

1.11 While every reasonable effort has been taken to ensure that the information, materials and content on this site are free from viruses, trojans, malicious codes, or other materials that may damage, disrupt or otherwise interfere with the operation of any computer system(s), we do not accept, and hereby disclaim to the fullest extent permitted by all applicable laws, any liability or responsibility whatsoever for any or all loss or damage of whatever nature caused by, arising from or otherwise attributable to any damage, disruption to or interference to any computer system(s) caused by, arising from or otherwise attributable to the use of this site.

1.12 We shall be fully and completely indemnified to its satisfaction by you against all actions, suits, proceedings, penalties claims and demands which we may incur sustain or suffer or to which we may thereby render itself liable and all costs (including legal costs on a solicitor-client basis), charges, damages and expenses, loss and damage of whatever nature whatsoever and howsoever arising which we may incur sustain or suffer by reason of or otherwise attributable to your use of this site.

2. Order or Purchase of Products or Services

2.1 This site is an online portal which allows customers to carry out certain activities, including to view information of retailers or merchants of DPulze Shopping Centre (“DPulze”) and click through to the sites of individual retailers, merchants or suppliers participating in the site (Participating Retailers). Purchase of any products and/or services is subject to the separate terms and conditions of the respective Participating Retailers.

2.2 This site may make available details of a range of products, services, prices and stores available in DPulze. Each of these products and/or services link through to the Participating Retailers’ site for purchase, or links to other sites not maintained or controlled by us. Prices are set by the respective Participating Retailers and may change from time to time without notice. You are advised to visit the relevant retailer, merchant or supplier site for up-to-date information on product and/or service price and availability. We make no representations or warranties about any other site which you may access through this site, including those of Participating Retailers. We do not accept any responsibility or liability for price variations or errors, availability or quality of products and/or services or for the accuracy of any statement contained in the text or advertisements or the accuracy of any prices quoted

2.3 Products and/or services advertised on this site are provided and sold by Participating Retailers. We do not review or control and shall not responsible in any way for listings provided by Participating Retailers or purchases made on a Participating Retailer’s website. Products and/or services advertised or listed on this site may vary from time to time. Before making any purchase from a Participating Retailer, you should carefully review that Participating Retailer’s terms and conditions applying to a potential transaction or purchase with them. We shall not be liable for any loss or damage of whatever nature in connection with the advertising or purchase of products and/or services from a Participating Retailer or your use of this site.

2.4 You acknowledge and agree that, in addition to these terms and conditions of use, the Participating Retailers’ terms and conditions apply to your order or purchase. Completing an order or purchase through this site means you accept these terms and conditions of use and the Participating Retailers’ terms and conditions.

2.5 You are solely responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency or authority including without limitation any goods or services tax imposed on any products or services purchased by you through this site.

3. Pickup

3.1 You acknowledge that we only act as agent for the Participating Retailers to the extent that we facilitate the pickup of any order or purchase from a Participating Retailer. You acknowledge that we do not produce or pack, and make no representations or warranties of whatever nature (whether as to quality, fitness for purpose or otherwise) in respect of any order or purchase from a Participating Retailer.

3.2 We are merely responsible for facilitating an order or purchase and assisting you with any enquiries you have regarding pickup of such order or purchase and/or use of this site.

3.3 Other than the aforementioned agency, these terms and conditions do not create or imply any partnership or any other relationship between us and any Participating Retailers or you. To the maximum extent permitted by law, we accept no liability for any loss or damage of whatever nature incurred in connection with any order or purchase, including any Participating Retailers’ actions, negligence or omission.

3.4 Your order or purchase will be submitted when you complete your payment details and finalise your order or purchase by clicking the MAKE PAYMENT button. Orders or purchases will be deemed to have been received and accepted by us and the Participating Retailer at the time an order or purchase confirmation is sent to the nominated e-mail address or agreed contact method.

3.5 You will be notified at the nominated e-mail address or agreed contact method when your order or purchase is ready for pickup. You may pick-up the order or purchase at the designated pick-up point (which may be changed by us from time to time at any time) or by way of self pick-up at the outlet of the Participating Retailer.

3.6 We reserve the right to cancel any orders or purchase for any reason at any time. If the Participating Retailer is unable to supply your order or purchase, either in whole or in part, for whatever reason, you will be contacted by the Participating Retailer as soon as practicable.

3.7 As facilitator, we are only responsible (if at all) for communicating the pick-up times and pick-up point to you. We will only allow you or a person nominated by you in writing to pick up the order or purchase.

4. Payment

4.1 Payment for an order or purchase from any Participating Retailer is to be made through our payment gateway, which may be operated by a third party. You acknowledge that our nominated third parties may process your personal information, including payment details. Please refer to our Privacy Policy for more details. Use of the payment gateway is subject to the terms and conditions set by us or the third party operator as amended from time to time at any time.

4.2 We, or our nominated third parties, may decide at any time not to accept payment from You for any reason. If your payment is not accepted, we will not process the order or purchase and may contact you to inform you that your order or purchase will not be processed as a result. We shall not process any order or purchase until full payment has been received and cleared in full and we shall not be liable whatsoever for any delay in payment for whatever reason including without limitation delays arising from banking delays or misdirected payments.

4.3 For the avoidance of doubt, all payments for any order or purchase made through our payment gateway are paid directly to the Participating Retailer. No part of such payments and no monies are received by us, and you shall have no claim of whatever nature whatsoever against us in respect of any such payments made by you through our payment gateway.

5. Intellectual Property

5.1 All trademarks, brands and names appearing on this site are the property of their respective owners. Nothing contained on this site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information for any purpose whatsoever.

5.2 Save as aforesaid, we are the owner or the licensee of all intellectual property rights of or in relation to the information, materials, content, layout, design, text, photographs, electronic media, graphics and trade marks contained on this site and we reserve all our rights in respect thereof. The reproduction of this site and the contents therein or any part thereof in any form whatsoever whether in part or in its entirety is strictly prohibited. The information, material and contents or any part thereof contained on this site shall not be retained or utilized in whatsoever form or manner for any purpose whatsoever.

6. Confidentiality

6.1 You should not send any information or material that you consider to be confidential or proprietary to us or any other person through this site. Any information or material sent to us at, or through this site is deemed to be not confidential.

7. Waiver

7.1 No remedy conferred on us by any of these terms and conditions of use is intended to be exclusive of any other remedy which is otherwise available at law. The election of, or failure to exercise any one or more remedies by us shall not constitute a waiver by us of the right to pursue any other available remedies.

8. Severability

8.1 If any of these terms and conditions of use are found to be invalid, unlawful or unenforceable for whatever reason, such term or condition will to that extent be severed from the remaining terms and conditions and provisions which will continue to be valid to the fullest extent permitted by law.

9. Applicable law

9.1 These terms and conditions of use shall be governed by the laws of Malaysia, and you agree to submit to the exclusive jurisdiction of the courts in Malaysia.

10. Feedback, enquiries and complaints

10.1 You can contact us about questions or comments about this site by email to marcom@dpulze.com.

10.2 Complaints or enquiries about any specific Participating Retailer or its products or services must be directed to the Participating Retailer concerned. We are not obliged or responsible to help resolve any disputes with Participating Retailers.

11 Entire agreement

11.1 These terms and conditions of use embody all the terms and conditions agreed upon between the parties hereto as to the subject matter of these terms and conditions of use and supersedes and cancels in all respects all previous agreements and undertakings, if any, between us with respect of the subject matter herein.