Terms & Conditions of Use
The terms and conditions set out herein below govern the use of NTL Integrated Sdn Bhd (Co. Registration No.: 1006546-V) (‘the Company’) services offered and available on the Melonmas website (www.melonmas.world), all its official Android / iOS mobile application and all related sub-sites (‘the Site’).
By using the Site, the User is deemed to have agreed to be bound by the terms and conditions set out in this Terms and Conditions of Use (‘the Terms of Use), as well as those terms and conditions incorporated by reference and/or implication. The User is advised to read and understand the Terms of Use carefully as they would affect the User’s rights and liabilities under the law.
The Company may amend the terms and conditions from time to time. The User will be notified of any amendments via announcement on the Site.
If the User continues to use the Site and/or services provided by the Company on the Site (‘the Services’) after the date on which any amendments come into effect, the User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or the Services.
The Services herein are offered by the Company which has its registered office at No. 30/1, Lorong Tiara 1A, Bandar Baru Klang, 41150 Selangor Darul Ehsan.
THE USER
The User must be an Individual shall be an individual of legal age and sound mental health, and includes any person browsing and/or viewing the Site as well as using the Services on the Site.
Subscriptions / Accounts
While all Users may freely browse the contents of the Site, to enjoy the Services available on the Site including to place an order or to make a purchase from the Site, all Users must have a registered account on the Site (“the Account”).
All Users may create an account free of charge on the Site.
When the user subscribes to the Services and/or creates an account with the Company, he or she must ensure that the information provided to the Company is accurate, complete, and current at all times. Failure to do so constitutes a material breach of the Terms of Use, which may result in immediate termination of his or her account related to the Services. The User is responsible for safeguarding the password that he or she uses to access the Services or any third-party service.
Content
Our Services allows, amongst others, Users to access the website and/or mobile application of the Company to view and place orders for various fruit products, including melons and the likes. The description, price, delivery options, and other related information shall be prominently displayed in all sale postings on the Site.
A purchase can be placed by selecting the item desired to be purchased, together with the desired quantity and preferred delivery option.
RESPONSIBILITIES OF THE USER
The User uses the Site and/or the Services at his/her own risk.
The User is personally responsible for his/her use of the Site and/or Services.
The User shall use the Services in accordance with the terms and conditions of this Terms of Use and any law at the time being in force in Malaysia including, but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code (“Content Code”).
The Company reserves the right to remove any items that it deems in violation of the above, at its sole discretion.
The Company shall also have the right to remove any content from the Site in accordance with the complaints procedure contained in Part 5 of the Content Code.
The User is solely responsible for the accuracy of the said Information.
INTELLECTUAL PROPERTY
Copyright
All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site (“Content”) are works protected under the Malaysian Copyright Act 1987.
Subject to the exceptions stated in this Terms of Use, the User is strictly prohibited from carrying out any of the following acts without the prior written consent of the Company:-
– modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing, and using on any other website, the Content; and
– transferring and/or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from the Company or from the Site including but not limited to, the texts, graphics, logos, photos, audio files, and visual files.
No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, for republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use other than for the User’s personal use only. The User further agrees that he or she will not infringe the Company’s copyright by any method or manner now known or as may exist in the future.
The Company respects the intellectual property rights of others. It is the Company’s policy to respond to any claim that any Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. If the Company receives a complaint that any Content posted by User violates or infringes third party rights, the Company will forward the complaint to the User for the User to respond. If after investigations are conducted and the complaint turns out to be true, the Content may be removed from the Site / Services and the User may be subject to further disciplinary actions including termination of the subscription.
Trademark
All trademarks and logos displayed on the Site are, unless otherwise mentioned, trademarks or registered trademarks of the Company.
Names, marks, and logos of all other products, services, and companies mentioned on the Site may be the trademarks of their respective owners.
CONTENT AND INFORMATION USE CONDITIONS
All information, materials, functions and other content (“Content”) on the Site including any sounds, music, text, graphics, data, stills, photographs, and moving images are copyrighted property of the Company. The User may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to the Services and Content.
Without prejudice to the above, the User agrees not to reproduce, display or otherwise provide access to the Services or Content on another website or server, for example through framing, mirroring, linking, spidering, scraping, or any other technological means (including any technology available in the future), without the prior written permission of the Company.
The User may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on the Site or the Services except under the specific circumstances expressly permitted by law or the Company in writing.
ONLINE CONDUCT OF THE USER
The User hereby warrants and undertake:
– to comply with this Terms of Use, and such other notices or guidelines that may be posted on the Site by the Company from time to time;
– not to use the Services or Site for any unlawful purpose, and to comply with all applicable laws and regulations;
– not to hack into, interfere with, disrupt, disable, overburden or otherwise impair the proper working of the Site or the Services, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.
– that all information posted and shared through the are accurate and true, including a description of his or her information;
– That is shall honor all orders made on the Site.
PRIVACY
The Company collects information about its Users (‘User Information’ Information’) during the registration process, where Users are required to create a password and an account before being able to access the Services on the Site.
All User activities are logged. When the User requests pages from the Company’s servers, it automatically collects information about the User’s preferences, including the User’s Internet Protocol address.
The Company uses the User Information to help diagnose problems with its servers and to administer the Site. When necessary, the Company may provide User Information as provided by the User to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.
The Company uses cookies so that the User does not have to enter his or her login information each time they visit the Site, and to enable them to have a better-optimized experience on the Site.
Save as aforesaid, the User Information shall not be disclosed or released by the Company to any third party except with the consent of the User.
Information regarding the handling of the User’s personal information by the Company is set out in our Privacy Policy [insert hyperlink].
COOKIES
This site uses cookies. Users must have cookies enabled on his or her computer or mobile phone in order for all functionality on the Site to work properly.
A cookie is a small data file that is written to the hard drive when one visits certain websites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. The only information a cookie can contain is information the User supplies. A cookie cannot read data off the User’s hard disk or read cookie files created by other sites.
Cookies allow Users to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any User. Only information provided voluntarily is stored, but this information is not personally identifiable.
EMAIL ADDRESS/ MOBILE PHONE NUMBER OF USERS
Users are required to submit a valid email address and/or mobile phone number to the Company to create an account and access the Services on the Site.
The email address and/or mobile phone numbers of the User shall not be publicly displayed on the Sites or the Services. Other Users may contact the User of the Site or through the Services.
TRANSACTIONS
Transactions on the Site are conducted using Ringgit Malaysia.
User will be awarded reward points for each transaction conducted – the points shall be determined by the Company from time to time at its sole discretion – which can be accumulated and exchanged with rewards and gifts from time to time.
Payments online done through the Site are done through interactions with a third-party service relevant to the Site of platforms that the User uses, such as Google Play, iTunes, and Paypal. This means the Company does not handle any payment transactions directly. By making payments through the Site, the User agrees to obey the Terms of Sale of the said third parties.
REFUND / CANCELLATION POLICY
All payments made in relation to any transactions conducted on the Site are strictly non-refundable, and the Company will not entertain any requests for refunds or cancellation of any transactions except only where an administrative error or discrepancies in orders has occurred.
In the event of discrepancies, such as overpayment, the refund will only be limited to the amount in the difference of the overpayment. The Company shall not be liable for any damages in such an event.
In the event of defects, the User shall notify the Company in writing within 48 hours of receipt of the product, together with evidence of the defect. The Company will review the complaint and revert within 48 hours. If a defect has been confirmed, the Company shall replace the defected product with a new product of identical value.
Any refund, if applicable, will be made using your original payment method or another method at the Company’s sole discretion.
Any claims for refund, kindly email the Company at the email provided together with details of the alleged error. The Company will endeavor to revert as soon as possible.
TERMINATION AND SUSPENSION
The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Terms of Use.
NO WARRANTY AND DISCLAIMER
THE SERVICE, APPLICATION, AND/OR THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY THE USER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES, OR LOSSES RESULTING FROM SUCH PROBLEMS.
The User agrees that all statements, offers, information, opinions, materials, Content, and third-party products or services, from other Users and from advertisers and other third parties on this Site should be used, accepted, and relied upon only with care and discretion and at the User own risk, and the Company shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance. The User agrees that all statements, offers, information, opinions, materials, Content, and third-party products or services, from other Users and from advertisers and other third parties on this Site should be used, accepted, and relied upon only with care and discretion and at the User’s own risk, and the Company shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance.
EXCLUSION OF LIABILITIES
To the full extent allowed by applicable law, in no event shall the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
(a) any punitive, incidental, indirect, or consequential damages and/or losses related to this Terms of Use including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
(b) any loss of goodwill or reputation;
(c) any special, indirect, or consequential damage arising out of or in connection with this Terms of Use, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trademark infringement, passing-off, infringement of registered industrial designs, patent infringement, breach of confidence;
(d) any liability at common law; or
(e) in any other way.
Subject to the limitation stated above, nothing in this Terms of Use shall be deemed to limit or exclude the Company’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company’s negligence or the negligence of the Company’s servants, agents, or employees.
For the avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
INDEMNITY
The User shall at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or arising out of the User’s breach of this Term of Use (including the documents incorporated by reference), or arising out of the User’s violation of any law or the rights of a third party.
RELEASE
In the event that one User has a dispute, claim, and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.
GOVERNING LAWS
These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
NOTICES
Notices to the Company may be sent by registered post to the following address:
Company Address: No. 30/1, Lorong Tiara 1A, Bandar Baru Klang, 41150 Selangor Darul Ehsan.
Email address: info@melonmas.com
Notices to the User shall be sent to the email address provided to the Company.
DISCLAIMER
The Site and the Services are provided “as is” and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title, or non-infringement. To the extent permissible by law the Company excludes all implied warranties, conditions, or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
CHANGES
The Company reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. Any changes will be notified to all registered users via instant messaging within the Site. The latest version of the Terms of Use shall always be displayed on the Site. By continuing to access or use our Services after those revisions become effective, the User hereby agrees to be bound by the revised terms. If any User does not agree to the new terms, he or she is advised to stop using the Services / Site.
Contact Us
If the User has have any questions about these Terms of Use, please contact the Company at info@melonmas.com.
