This website is operated by MeCan Mall Sdn. Bhd. (Company No.: 1206240-T) (AJL932192) of 501, PJ Tower, Amcorp Trade Centre, 18, Jalan Persiaran Barat, 46050 Petaling Jaya, Selangor Darul Ehsan, West Malaysia being the proprietor and operator of www.mecanmall.com together with all its subsidiaries, associates and officers, unless otherwise stated (hereinafter collectively referred to as “the MeCan Group”).
Throughout our website, the terms “we”, “us” and “our” refer to MeCan. MeCan offers this website, including all information, tools and services available on this website to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices as stated herein.
By visiting our website and / or purchasing merchandises from us, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Conditions”), including those additional terms and conditions and policies referenced herein and / or available by hyperlink. These Terms of Service apply to all users of our website, including without limitation users who are browsers, vendors, customers, buyers, merchants, and / or contributors of content.
Please read these Terms of Service carefully before accessing and / or using our website. By accessing or using any part of our website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions as contained herein, please do not proceed further and you are advised to leave immediately or refrain from using any services provided herein. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and / or changes to our website without any prior notifications whatsoever. It is your responsibility to check on this page periodically for any updates and / or changes. Your continued use of and / or access to our website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
- By agreeing to these Terms of Service, 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 that you have given us your consent to allow any of your minor dependents to use this website. You are hereby granted a non-transferable and revocable license to use our website, in accordance to the Terms of Service described herein, for the purpose of online shopping for goods and products sold in our website.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- A breach or violation of any of the Terms of Service will result in an immediate revocation of your license granted for the use of the Service.
- Contents provided on this website is solely for informational purposes only. Product representations expressed on this website are those of the Merchant(s)’ and are not made by MeCan Mall. Feedbacks and opinions expressed are those of the individuals posting such content and does not reflect our stand or opinions.
- We reserve the right to refuse Service to anyone for any reasons whatsoever at any time at our sole and absolute discretion.
- You understand that your information given (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of the connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our website through which the Service is provided, without express written permission by us.
- The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect the interpretation of these Terms of Service.
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
- We shall not be held responsible whatsoever if any information made available on this website is not accurate, complete nor current. The materials provided on this 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. Any reliance upon the information and materials provided herein this website is solely and absolutely at your own risk.
- This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time without any prior notification whatsoever, but we have no obligation to update and inform you of any such changes or information on our website. You agree that it is your responsibility to be on the lookout and be alert for changes to our website.
MODIFICATIONS TO THE SERVICE
- We reserve the right at any time to modify or discontinue the Service (or any part or contents thereof) at any time without any prior notice whatsoever.
- We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
- "Merchant(s)”, refers to third party owner(s) selling merchandises, consumer goods and products listed on our website.
- “Facility”, refers to any of the facilities offered by us to you through our website or any other form of communication and encompasses, among others, enabling users to find Products available for sale by Merchant(s) on our website, to find coupons and promotions that can be redeemed on our website and to view Merchant(s)’ advertisements on our website. Our Facility can be provided to you through our website, through electronic and other modes of communication and by any applications provided by us.
- “Products” or “Goods” shall refer to the consumer goods and products which are listed on our website and made available for sale by an identified Merchant(s) on our website.
- “User”, “you” or “Buyer”, refers to any individual who visits or uses our website and includes customers, buyers and purchasers.
You may use and browse our website by registering or providing your personal details in order to fully utilise and gain the benefit of the Facility which we make available.
Viewing and Purchase of Products or Services
- In the course of your use of this website, you may identify Products which you wish to view further or purchase. By clicking on these Products, you will be directed to the relevant page on which that Product is available for sale.
- You hereby acknowledge that any transaction or purchase which you conclude with the Merchant(s) shall be between you, the Merchant(s) and us. We will be securing your order upon confirmation of payment, the Merchant(s) shall then deliver the Products to you accordingly.
- We reserve the right to change, modify or delete any information relating to the Products, Merchant(s) or otherwise and to cease providing any part of the Facility at any time without any prior notice whatsoever.
- We do not guarantee that our website or Facility will be free of errors, omissions and faults though we will use our best endeavours to ensure reasonable measures to maintain accuracy of all data presented.
- Specifically, we do not guarantee that the Products, coupons and promotions of the Merchant(s) are at all times up-to-date. We advise you to check thoroughly prior to making any purchases with the Merchant(s).
- The contents displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, the Merchant(s), content providers, advertisers and us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- We have made every effort to display as accurately as possible the colours and images of the Merchant(s)’ products that appear in the store / our website. We cannot guarantee that your computer’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of the Merchant(s)’ 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. All descriptions of products or products’ pricing are subject to change at any time without prior notice, at our sole and absolute discretion. We reserve the right to discontinue any line of products at any time. Any offer for any products or services made on this website is void where prohibited. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ORDER ACCEPTANCE, ACCURACY OF BILLING & ACCOUNT INFORMATION
- Please note that there are cases when an order cannot be processed for various reasons. We reserve the right to refuse any orders you place with us. We may, in our sole and absolute discretion, limit, prohibit or cancel quantities purchased per person, or per order and / or reserve the right to refuse or cancel any order for any reason at any given time. These restrictions may include orders placed by or under the same customers’ account, the same credit card, and / or orders that use the same billing and / or shipping address. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. 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 and / or information available in our records.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store / website. 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.
- Order Acceptance is completed upon issuance of dispatch confirmation. Accepted order cannot be modified or cancelled.
PRICING, PACKAGING CHARGES & DELIVERY CHARGES
- Prices of our Products are subject to change without prior notice.
- The price of the Products shall be the price stated in the Merchant(s)’ or our website at the time which the customer makes its offer to purchase. The price excludes the cost of packaging and delivery charges. The customer shall be liable to pay the charges in addition to the price where applicable.
- Prices of items and services provided by MeCan will include value added tax or similar tax where applicable.
TERMS OF PAYMENT
- The Buyers shall be entitled to make payment for the Goods pursuant to the various payment methods set out in our website.
- In addition to any additional terms and conditions contained in our website, the following terms shall also apply to the following types of payment:
Credit Card payment option is available for all buyers. We accept all Visa and MasterCard and is 3D Secure (Verified by Visa and MasterCard Secure) enabled. All your credit card information is protected by means of industry-leading encryption standards. Please take note that additional charges may be incurred. Kindly check with your card service provider.
We accept all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
By choosing this payment method, the Buyer shall transfer the payment for the Goods to our account for the total amount of the Buyer’s purchase (including any applicable taxes, fees, packaging, delivery and shipping costs). The transaction must be payable in Ringgit Malaysia. We, in our sole and absolute discretion, may refuse this payment option service to anyone or any user without notice for any reasons whatsoever at any time.
- Delivery of the Goods shall be made to the address specified by the Buyer in its order.
- We reserve the right at any time to sub-contract all or any obligations for the sale / delivery of the Goods to any other party.
- Any dates quoted for delivery of the Goods are approximate only. The time for delivery / performance shall not be of the essence and we shall not be liable for any delay in delivery or performance howsoever caused.
RISK & PROPERTY OF THE GOODS
- Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery.
- Notwithstanding delivery and the passing of risk in the Goods, the property in the Goods shall not pass to the Buyer until we have received cleared funds payment in full for the price of the Goods.
- We shall be entitled to initiate such appropriate legal action for the recovery of any monies due and owing to us. In which event, the Buyer shall be liable to indemnify us against all loss damages costs expenses and legal fees incurred in connection with the assertion and enforcement of our rights under this condition.
TRADEMARKS & COPYRIGHTS
- All intellectual property rights, whether registered or unregistered, in our website, information content on our website and all our 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 our website also are protected by copyright as a collective work under Malaysian copyright laws and international conventions. All rights are reserved.
- We may provide you with access to third party tools over which we will neither monitor nor have any control over or input.
- You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- Any use by you of optional tools offered through our website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
- We may also, in the future, offer new services and / or features through our website (including, the release of new tools and resources). Such new features and / or services shall also be subject to these Terms of Service.
THIRD PARTY LINKS
- Certain content, products and services available via our Service may include materials from third parties.
- Third party links on this website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the contents nor accuracy of these third party websites and we do not warrant and will not have any liability or responsibility for any third party materials or websites accessed by you or for any other materials, products, or services of third parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party directly.
USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail or otherwise (collectively referred to as “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay any fees, charges and / or compensation for any comments; or (3) to respond to any comments.
- We may, but have no obligation to monitor, edit or remove contents that we determine in our sole and absolute discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.
- You agree and irrevocably undertake to ensure that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party(ies).
- Every user of our website 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. Furthermore, you must notify us of any unauthorized use of your password or account. Our website 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 section.
ERRORS, INACCURACIES AND OMISSIONS
We are determined to provide the most accurate pricing information on our website to our users. However, errors may still occur, occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product packaging / delivery / shipping charges, transit times and availability or typographical errors arising from and through electronic transmission / documents such as quotations, invoice or receipt, credit note, debit note or any other documents. As such, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order) WITHOUT any liability whatsoever on our part. In the event that 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 or not the order has been confirmed and your credit card or bank account has been charged.
In addition to other prohibitions as set forth in the Terms of Service herein, you are prohibited from using our website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY & RETURN POLICY
- We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained by you from the use of our Service will be accurate or reliable.
- You expressly agree that your use of or inability to use, the Service is at your sole risk. The Service and all Products, Goods and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall MeCan, our directors, employees, affiliates, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any similar damages (including loss or damages suffered by the Buyer as a result of an action brought by a third party), whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products / Goods procured using the Service, or for any other claim related in any way to your use of the Service or any Products / Goods, including, but not limited to, any errors or omissions in any content or any loss or damages of any kind incurred as a result of the use of the Service or any contents of the Products / Goods posted, transmitted or otherwise made available via the Service, even if advised of their possibility.
We hereby further warrant that:
- No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to us earlier.
- Any description given of the Goods is given by way of identification and for informational purpose only and the use of such description shall not constitute a sale by description.
- Our Merchant(s) bind themselves only to deliver Goods in accordance with the general description under which they were sold. The Merchant(s) / We do not give any warranty as to the quality state condition or fitness of the Goods.
- We shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical / electronic or electric influences, failure to follow instructions (whether oral or in writing) misuse or alteration or repair of the Goods.
- We shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid or fully settled.
- We shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period / Expiry Date for the Products / Goods.
- For perishable goods or fast moving consumer goods, goods sold are not returnable. Return / Refund or cancellations are not allowed for any perishable goods or fast moving consumer goods.
- For non-perishable goods, any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to us within seven (7) days from the date of receipt of the Goods. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. We shall be given written notification immediately, specifying the reservations or the defect. However, in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure.
- If the Buyer does not give due notification to us in accordance with the Clause 18.7 above, we shall have no liability for any defect or failure or for any consequences resulting therefrom. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to us in accordance with Clause 18.7 above, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Upon repair or replacement being made as aforesaid, the Buyer shall have no further claim whatsoever against us.
- When we have provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become the Merchant(s)’ / our property.
- We shall be under no liability for reasons beyond our reasonable control. Our liability shall be limited to the maximum and fullest extent permitted by law. Under any circumstances, maximum and cumulative total liability (including any liability for acts and omissions of our employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance, shall not exceed the total price for the Product(s) / Goods.
We shall not be liable to the Buyer or be deemed to be in breach of the terms and conditions herein by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
- Act of God, 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;
- interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving our employees or of a third party);
- interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
- power failure or breakdown in machinery.
Upon the happening of any one of the events set out in Clause 19.1 above, we may at our sole and absolute discretion or option:
- fully or partially suspend delivery / performance while such event or circumstances continues;
- cancel or terminate any orders so affected with immediate effect by written notice to the Buyer and we shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
- We shall not be liable to the Buyer or be deemed to be in breach of the terms and conditions herein by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to us, to our registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant orders.
In the event that any provision of these Terms of Service 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.
- You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service or when you cease using our website.
- In addition to any other legal or equitable remedies, we may, without prior notice to you and without assigning any reasons thereto, immediately terminate the Terms of Service or revoke any or all of your rights granted under these Terms of Service, at our sole and absolute discretion. Upon any termination of this Agreement, you shall immediately cease all access to and use of our website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this website in whole or in part. You furthermore agree that our website shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with our website or with any terms, conditions, rules, policies, guidelines, practices or the manner of operation of our website, your sole and exclusive remedy is to discontinue using our website.
- The obligations and liabilities of the parties incurred prior to the termination date (including without limitation, payment obligations) shall survive the termination of these Conditions for all purposes.
CHANGES TO THE TERMS OF SERVICE
- You can review the most current version of the Terms of Service at any time on our website.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service can be sent and directed to us at firstname.lastname@example.org.
APPLICABLE LAW & JURISDICTION
These Terms of Service shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the Courts of Malaysia and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms of Service will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Kuala Lumpur, Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the Courts.