ACKNOWLEDGEMENT AND AGREEMENT
BRITÉ GROUP SDN BHD REGISTRATION NO.: 202101025435（1425735-W）, a private company limited by shares incorporated in Malaysia and having its registered address at Unit 02-07, Cheras Plaza, No 11 Jalan Manis 1, Taman Segar Cheras, 56100, Kuala Lumpur and its principal place of business at Unit 02-07, Cheras Plaza, No 11 Jalan Manis 1, Taman Segar Cheras, 56100, Kuala Lumpur (“Brité ” and references to “we”, “us” and “our” are to Brité Group Sdn Bhd is the owner and operator of this website (“Website”). As a user of this Website, whether you are accessing or attempting to access to this Website by way of desktop (including any desktop and laptop computers) or smart-phone, tablet, reader, software or any other device or method now known or to be developed in the future (“Platform”), the terms and conditions set forth below (“Terms and Conditions”) shall apply to your access to, and use of our services or purchase of our products listed on this Website (“Products”). If you are using our services or purchasing our Products on behalf of an entity, you hereby represent and warrant that you are authorised to accept these Terms and Conditions on behalf of such entity and that you and such entity agree to be held responsible to us in the event of any breach of these Terms and Conditions.
SECTION 1 - GENERAL:
1.1 We reserve the right to update, change, revise, modify or replace any of these Terms and Conditions from time to time by incorporating such updates, changes, revision, modification or replacement into these Terms and Conditions without any prior notice to you. You are, however, advised to check the Last Update Date first written hereinabove and review these Terms and Conditions periodically as your continued access to or use of this Website or our services or your purchase of our Products constitutes your acceptance to changes made to these Terms and Conditions.
1.2 We may, from time to time, offer new services and/or features on this Website (including, the release of new tools). Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms and Conditions.
1.3 We reserve our sole and absolute right to either modify or discontinue our services at any time with or without notice to you. We shall not be held liable to you or any third party in the event that we exercise such right.
1.4 We shall not, in any event, be held responsible for any damages arising from malware infection on your Platform’s systems while accessing or using this Website or our services and/or purchasing our Products.
1.5 We take reasonable care in ensuring that all descriptions, details, prices and photographic representations of products are correct at the time when such all descriptions, details, prices and photographic representations are entered by us onto this Website. We have made every effort to display as accurately as possible the appearances, colours or packaging of our products that appear on this Website. The images you see are largely dependent on the display settings of your Platform and in such cases we are not able to guarantee that the images depicting the products uploaded on this Website are an accurate representation of the actual products. In the event, a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information or on any related website is inaccurate at any time without prior notice.
1.6 You agree that any obligation by you to do or not to do an act or thing shall be deemed to include an obligation to use all your endeavours to ensure your agents, authorised representatives or sub-reseller to do such act or thing or not to permit or suffer such act or thing to be done by such agents, authorised representatives or sub-resellers.
SECTION 2 – ACCOUNTS REGISTRATION & INFORMATION:
2.1 You may use this Website as a guest user without registering your details with us if allowed by Brité. However, to expedite the process of your order, to have full access to the features of this Website and to enjoy the benefits of our registered users’ privilege or promotional programmes (if any), you may need to register a user account with us. In the event that you opt to register a user account with us, you are required to provide true, accurate and complete information and it is your responsibility to maintain and promptly update such information to keep it true, accurate and complete. You also shall not impersonate any other person or entity or to use a false, vulgar or offensive username. Should we deem your user name as false, vulgar or offensive or have reasonable grounds to suspect that the information provided by you is untrue, inaccurate or incomplete, we reserve the right to suspend or deactivate or terminate your account without notice to you and in such case, you will be refused to regain access to your account. You shall refrain from (i) making any statement, representation or remarks which is / are defamatory or shall disrepute Brité ; (ii) infringing intellectual property rights of third party(ies); (iii) creating liability to Brité ; and (iv) violate any applicable laws, regulations and rules (including the Policies (as shall hereinafter defined)).
2.2 You are responsible for safeguarding and maintaining the confidentiality of the information of your user account. You agree not to:
2.2.1 permit others to use your account name or its password; or
2.2.2 assign or transfer your user account to any other person or entity.
You shall be entirely responsible for all communication and online activity transmitted or conducted through the use of your user account.Brité shall not be held liable for any loss, damage, cost, expenses, or liabilities arising out of or in connection with the wrongful or fraudulent use of your account, or loss, theft, or unauthorized disclosure of your password.
SECTION 3 – PROVISIONS IN RELATION TO RESALE:
3.1 You may be appointed as a non-exclusive reseller to purchase the Products from us and to market and resell the Products in the territory to be determined by us (“Territory”) under the minimum list price and offers issued by us. Such appointment by us and authorization to resell are subject to our policies and rules (which may vary from time to time and shall include, without limitation, minimum pricing policies referred to in Section 3.4 of these Terms and Conditions) to be furnished or informed by us to you (“Policies”).
3.2 You shall resell the products in accordance with the rules and regulations contained in the Policies which are applicable to your designated ranking/level as a reseller. Changes in designated ranking/level must be pre-approved by Brité upon the terms and conditions as may be imposed from time to time by Brité as it deems fit. The commission, fees, or any such other payments due to you for your sales shall be paid according to the payment structure and manner as shall be determined by Brité in the Policies.
3.3 You acknowledge and agree that the authorization to resell is non-transferable and non-exclusive. You shall not in any capacity, directly or indirectly, within or outside the Territory, engage in trade with competing products and this shall also apply to second-hand products. You shall not sell to customers or sub-distributors of whom you know, or should know, that they intend or plan to resell outside the Territory save and except with the consent of Brité and according to their Policies.
3.4 You shall adhere to the minimum pricing policy issued by us from time to time. You acknowledge that the purpose of this subSection is to stabilize the pricing of the Products in the market and to prevent any reseller from eliminating competition from business rivalries.
3.5 All promotions, campaigns, and marketing materials in respect of the Products must be submitted to and approved by us at our sole, unfettered and absolute discretion before implementation or distribution.
3.6 You agree that you shall not alter, enlarge or limit orders of the Products, or modify in any way the terms of the minimum pricing policies or make or purport to make any representations, warranties, or guarantees relating to the Products. You shall not accept the return of any of the Products, or make or offer unauthorised discounts, rebates, or allowances on any of the Products. You acknowledge that the breach of these Terms and Conditions (including, without limitation, this Section 3.6) shall be treated as a material breach which we shall be entitled to terminate your appointment immediately and claim from you a sum of AT LEAST RINGGIT MALAYSIA THIRTY THOUSAND (RM30,000.00) ONLY as agreed liquidated damages without the need for proof of damages without prejudice to Brité other rights at law and under this Agreement.
SECTION 4 - PRODUCT TRADEMARKS AND BRANDING:
4.1 You agree that you shall not use, make reference to, or otherwise designate Products’ logo, trademarks, or trade names (“Trademarks”) except as they may be used for the benefit of the Products’ brand subject always to the approval of Brité .
4.2 You shall not:
4.2.1 make any modifications to the Products or their packaging;
4.2.2 alter, remove or tamper with any Trademarks, numbers, or other means of identification used on or in relation to the Products;
4.2.3 use the Trademarks in any way which might prejudice their distinctiveness or validity or the goodwill of Brité;
4.2.4 use in relation to the Products any trademarks other than the Trademarks without obtaining the prior written consent of Brité;
4.2.5 use in or outside of the Territory any trademarks or trade names so resembling any trademark or trade names of Brité as to be likely to cause confusion or deception; and
4.2.6 register the Trademarks with any relevant authorities in or outside of the Territory.
SECTION 5 – FULFILMENT OF ORDERS (TBC)
5.1 We deliver the Products ordered to your doorstep within Malaysia by way of a list of courier service providers. A tracking number will be made available to you via our system.
5.2 Under normal circumstances, the estimated time of arrival after shipping is three (3) to seven (7) working days during working hours (9:30 a.m. to 5:30 p.m. from Monday to Friday except public holidays) for both West and East Malaysia. However, there might be slight delivery delays during peak periods or festival season.
5.3 You acknowledge and agree to the following delivery policies:
5.3.1 All addresses, street names, and postcodes provided by you for deliveries must be correct and accurate.
5.3.2 If the packaging seal is opened or damaged, DO NOT accept the parcel.
5.3.3 If you are not at home to receive your purchased order, please contact the carrier service (courier service) within a stipulated time frame for the next deliveries or pick up.
5.3.4 If the order is not collected within the stipulated time, the order may be disposed of and there shall not be any refund for the amount purchased for that order.
5.3.5 We only use standard packaging materials for all orders.
5.3.6 Import duties and taxes for international shipments may be liable to be paid upon arrival in the destination country. This varies by country, andBrité encourages you to be aware of these potential costs before placing an order with us.
If you refuse to pay duties and taxes upon arrival at your destination country, the goods will be returned toBrité at the customer's expense, and the customer will receive a refund for the value of goods paid, minus the cost of the return shipping. The cost of the initial shipping will not be refunded.
5.4 Order confirmation and closing time are before 12 pm from Monday to Friday (except public holidays and if it falls on public holidays the order will be considered to be placed on the next working day). Confirmed orders will be processed within the next three (3) working days, excluding Saturday, Sunday & public holidays. Subject always to the courier services, the delivery lead time for orders to arrive (after processing and packing) is as follow: -
• Peninsular Malaysia: 1 - 3 business working days.
• East Malaysia: 3 - 7 business working days.
• International: 4 - 22 business working days
5.5 Title of ownership and risks of the Products shall be passed to you when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we shall not be liable for their loss, damage or destruction. Please refer to Section 6 for further details of our return policy.
SECTION 6 - RETURN OR EXCHANGE POLICY
6.1 You are advised to have an immediate inspection on the Products once you have received the Products. We pack the Products in a manner reasonably suited for safe transportation to your shipping address.
6.2 In the event of any damage to the Products and such damage is not attributable to your fault or negligence, please contact our customer support team within 24 hours upon your receipt of the goods. You are required to provide our customer support with the following details: order number, Product’s number, photo of damaged goods (as proof of damage satisfactory to us).
6.3 Once we have received your request, we will contact you within 3 working days for further instructions.
6.4 Kindly note that no monetary refund will be made for damaged Products. Only exchange of new Products will be made for damaged Products subject to proof of damage satisfactory to us. Furthermore, customers are not allowed to request the replacement of other Products with the returned damaged Products.
6.5 You are responsible for returning the damaged Products to us at your own costs and expenses. All damaged Products to be returned to us must be shipped in their ORIGINAL NEW CONDITION, UNUSED, with ALL TAGS ATTACHED and sent to:
Brité Group Sdn Bhd
Unit 02-07, Cheras Plaza,
No 11 Jalan Manis 1, Taman Segar Cheras,
56100, Kuala Lumpur,
Tel: +603- 9133 6698
6.6 Brité reserves the right to reject any return, or exchange deemed unfit or unreasonable.
SECTION 7 - WITHDRAWAL POLICY
7.1 Money sent to your personal account can be held directly as a balance in your personal account.
7.2 You are allowed to withdraw the balance from your personal account by:
7.2.1 transferring via a standard transfer to a bank account selected by you and allowed by Brité; and
7.2.2 transferring it via Instant Transfer to an eligible debit card or bank account linked to your personal account, subject to the fees applicable and that will be disclosed to you in advance each time you initiate such a withdrawal.
7.3 Please note that withdrawal effective dates shall fall on the dates determined by Brité of the following calendar month subject always to the bank’s holiday schedule and payment policies.
7.4 Brité is not a financial institution and does not take deposits. You will not receive any interest on the funds held with Brité. You hereby irrevocably and unconditionally authorizeBrité to receive any amount(s) payable to you which is/are contemplated under these Terms and Conditions.
SECTION 8 - PRODUCT RECALL
8.1 We may, at our own discretion for any reason whatsoever or at the directives of the relevant authority, recall any or all of the Products already sold to you (whether for a refund or replacement of the Products which shall in each case be determined by us and our decision shall be final and binding upon you) (“Product Recall”) and/or issue any written or other notification to you on the manner of use of any Products already sold to you by way of electronic communication or such other manner determined by us.
8.2 In the event of any Product Recall, you shall use your best endeavors to cooperate with us in ensuring the Product Recall is carried out effectively without any undue delay.
SECTION 9 - NO PARTNERSHIP
Nothing in these Terms and Conditions is intended or will be construed as constituting a relationship of employer and employee, joint venture, or alliance between you and us.
SECTION 10 - INDEMNIFICATION:
10.1 You shall indemnify and hold us harmless from and against any and all liabilities, claims, actions, damages, and expenses (including but not limited to all costs and legal fees) arising from or related to any breach of these Terms and Conditions by you or any actions or omissions of you or your agents or authorized representatives or sub-reseller.
10.2 You acknowledge and agree that your use of this Website and our services and your purchase of the Products are at your own risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. To the maximum extent permitted by applicable laws, our Services are provided on “as is” and “as available” basis, we disclaim any and all warranties and representations, whether express, implied, oral or written, with respect to our services, the Products and the content contained therein, including but not limited to all: (i) warranties of merchantability; and (ii) warranties of fitness or suitability for any purpose other than those specified in the Products’ description. We do not warrant that the functions of our services or the Products will meet your expectations or your requirements and that the operation of our services will be uninterrupted or error-free.
10.3 To the extent not prohibited by law, in no event shallBrité be liable to you or any third party for any direct, indirect, incidental, special, consequential, exemplary, punitive, or such other damages in whatsoever nature including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or in connection with our services and/or the Products, third party services and/or third party materials (for instance, courier service providers), however, caused, regardless of the theory of liability (contract, warranty, tort, including negligence whether active, passive or imputed, product liability, strict liability or such other theories).
SECTION 11 – PROPRIETARY RIGHTS:
In no event you shall be allowed to copy, modify, distribute, re-publish, reproduce, adapt, and create any derivative work of any and all content made available through our services or otherwise in connection with the Products in any manner on any Platform for any unauthorized or commercial use without the prior written consent of us.
SECTION 12 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, other provisions in these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 - TERMINATION:
13.1 Your obligations and liabilities incurred prior to the termination date shall survive the termination of your authorization for all purposes.
13.2 These Terms and Conditions are effective unless and until terminated by us by written notice or upon your cessation of using this Website or our service or purchasing or reselling our Products.
13.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate your authorization at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
SECTION 14 - ENTIRE AGREEMENT:
14.1 The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
14.2 These Terms and Conditions and any policies or operating rules posted by us shall constitute the entire agreement and understanding between you and us and shall govern your authorization or appointment, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of any terms and conditions).
14.3 Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 15 - BINDING AGREEMENT:
These Terms and Conditions shall be binding upon your consent and acceptance. In the event of any conflict between the two languages on the meaning or interpretation of a word, phrase or clause in these Terms and Conditions or the more definitive agreement contemplating these Terms and Conditions, the English language version shall prevail.
SECTION 16 - PERSONAL DATA
You acknowledge and agree that all your information in your user account (including, without limitation, the information of your credit or debit card) constitutes your personal data. Such personal data is required to facilitate the use of Services or related to such purpose, will be stored, recorded, held, operated, computerized, or processed by us. You also agree to the terms of our privacy notice made available on this Website.
SECTION 17 - CONFIDENTIALITY:
You shall protect and preserve, all communications, the confidentiality of any and all confidential information to which you may gain access hereunder or in connection herewith and shall not be disclosed to any third parties.
SECTION 18 – VIOLATION OF TERMS AND CONDITIONS:
You acknowledge that the breach of any of these Terms and Conditions shall be treated as a breach of contract which we shall be entitled to initiate any legal action against you.
SECTION 19 - GOVERNING LAW:
This agreement will be governed, construed, and enforced in accordance with the laws of Malaysia, without regard to its conflict of laws rules.
SECTION 20 – FORCE MAJEURE
20.1 In the context of this Section 20, “Force Majeure” means any circumstances beyond the reasonable control of a party including, without limitation, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, including acts of local government and parliamentary authority; shortage of supplies, components, materials, or occurrence of pandemic or breakdown or shortage of equipment and labor disputes of whatever nature and for whatever cause arising.
20.2 If we are affected by Force Majeure, we will as soon as practicable, notify you of nature and extent thereof. We shall not be deemed to be in breach of these Terms and Conditions, or otherwise be liable to the other, because of any delay in performance, or non-performance of any of our or its obligations, as the case may be, to the extent that such delay or non-performance is due to any Force Majeure, and the time for performance of that obligation shall be extended accordingly.
SECTION 21 - CONTACT US
21.1 You may contact us by writing to our support team at Brité Group Sdn Bhd, Unit 02-07, Cheras Plaza, No 11 Jalan Manis 1, Taman Segar Cheras, 56100, Kuala Lumpur, or calling us +603- 9133 6698 or sending an email to [email@example.com].
21.2 When you send emails or other electronic messages to us, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
21.3 Notwithstanding anything contained in these Terms and Conditions, if a notice or other communication is received by the recipient on a day which is after 6.00 pm (being the time as in the place where the recipient is located) on a working day, such notice or communication shall be deemed given on the next following working day at the commencement of such hours.
Last Updated: [20/07/2021]
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