Terms and Conditions
TERMS AND CONDITIONS
Welcome to the https://www.m4.chimaera.my website (the "Site"). These terms and conditions which consist of 1. Introduction; 2. Terms of Purchase; 3. Use of the Site; and 4. Others, as well as policy, set of terms, or documents to which a link has been provided herein (collectively "Terms and Conditions") apply to the Site.
1. Introduction
The Site is operated by Mosim Sdn Bhd, a company incorporated in Malaysia under registration number 1443724-D and having its registered address at A1-2-13, Arcoris Business Suite, 10 Jalan Kiara, Mont Kiara, 50480 Kuala Lumpur W.P. Kuala Lumpur Malaysia (“Mosim / we / us”).
If you place an order through this Site, upon confirmation that such order is accepted a contract of sale will be executed between you and Mosim, which will be governed by these Terms and Conditions and especially by Terms of Purchase.
If you are under the age of 18, you must obtain permission from your parent(s) or legal guardian(s) to purchase Products from the Site. If you are the parent or legal guardian of a minor who is purchasing a Product, you must accept and comply with these Terms and Conditions on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Site or purchases made on the Site. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Site.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this Site. Mosim reserves the right, to change, modify, add, or remove portions of these Terms and Conditions at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for changes. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
2. Terms of Purchase
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Terms of Purchase, when you order anything from the Site and/or when you accept an offer from us. It is only possible to deviate from these Terms of Purchase if agreed in writing by us.
2.1 Products
We have different types of products as may be displayed on the Site from time to time. (“Products”). All Products shown on the Site are subject to availability. This means that, although we are determined to ensure the Site reflects the availability of stock, a Product shown on the Site may no longer be available at the point of purchase.
Any information made available on the Site on the supply of a Product, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, or other technical reasons are not binding and for information purposes only. Mosim is not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions, or manifest errors on the Site.
2.2 Contract Formation
The following applies to all types of products. All information on the Site is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. We may choose not to accept your order at our own discretion.
In the event that we do not accept your order, we shall be entitled to cancel your order without incurring any liability towards you or a third party. Following the cancellation, we will of course provide you with a refund for the amount paid to us under the cancelled order.
We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale. Following the cancellation, we will of course provide you with a refund for the amount paid to us under the cancelled order.
After your order has been placed, we shall be entitled to require you furnish us with contact and other verification information, including but not limited to address, contact numbers, prior to sending you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Products between you and us will not take place unless and until you receive a confirmation from us that the Products have been shipped to you from our warehouse.
No concluded contract may be modified or cancelled by you except with the agreement in writing by us and on terms that you shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages charges, and expenses incurred by us as a result of the modification or cancellation, as the case may be.
2.3 Products Ownership
All Products will remain the property of Mosim until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.4 Cancellation of Order
Please contact our customer service support here for more details.
2.5 Price
Prices are quoted in Malaysia Ringgit (MYR). Mosim reserves the right to make price changes prior to an order placed by you.
We reserve the right to change, limit or terminate any special offers or discounts at any time.
We are determined to provide the most accurate pricing information on the Site to you; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order. In the event that a Product 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 charged.
We may charge delivery costs. The delivery costs may vary for each Product and type of delivery. For further details, please refer to the Delivery section of the Site. Any delivery costs and/or applicable taxes will be charged separately, itemised and added to the total amount of the order.
2.6 Payment
On the Site, we accept the following payment options :
- Credit Card We accept all Visa and MasterCards and is 3D Secure (Verified by Visa, and MasterCard SecureCode) enabled.
- Debit Card We accept all Malaysian Visa and MasterCard debit cards, subject to bank availability.
- Online Banking By choosing this payment method, you shall transfer the amount of the total purchase price for the Products purchased by you to Mosim account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Malaysia Ringgit (MYR). Mosim, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
Please take note that only Malaysian issues card are accepted.
You may not claim against Mosim, for any failure, disruption or error in connection with your chosen payment method. Mosim reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
If you fail to make any payment pursuant to the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to us, we shall be entitled to:
cancel the contract or suspend deliveries of the Products until payment is made in full; and/or
charge you interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
All payments for the purchased Products must be made to Mosim using the payment methods made available on the Site only. Mosim shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Site.
Mosim takes no responsibility and assume no liability for any loss or damages to you arising from shipping information and/or payment information entered wrongly by you in connection with the payment for the Products purchased. We reserved the right to check whether you are duly authorised to use certain payment method, and may suspend the order until such authorization is confirmed or cancel the relevant order where such confirmation is not available.
2.7 Documents
Where we elect, or are required by applicable law, to issue or make available any documents such as invoice or receipt, we reserve the right to issue or make available electronic documents and you agree to such form of documents.
2.8 Shipping Methods
We will deliver to the address indicated by you within Malaysia but not including tax free zone including but not limited to Langkawi, Kedah. We can only deliver to a home or office address or a carrier pickup location. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the Products to a neighbouring/nearby address or pick-up point, after which Mosim is deemed to have met its obligation to deliver the Products. The carrier will notify you of the delivery to the neighbouring/nearby address or pick-up point.
Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouse is located. Therefore, please, take into account any public holidays including any national and/or state holidays in your country of residence. Deliveries will be made on business days, not being a public holiday.
For detailed information about delivery periods, please check the specifications of delivery on the Delivery section of our Site. Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation and you hereby waive your rights to claim.
Mosim is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.
In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
For information about Returns and Refunds, please go to Return and Refund section on our Site.
2.9 Damaged or Defective Products
Returned Products are inspected by us and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any manufactured defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original Product will be return to you. We do not refund Products:
- obtained from a source other than the Site;
- that have been damaged by abuse or negligence; and/or
- that have been damaged by misuse or activities other than the intended purpose.
Our customer service support is available to assist you. Please don't hesitate to contact us with your questions and comments.
3. Use of the Site
Please read these Terms and Conditions for website use (“Use of the Site Terms and Conditions”) carefully before using the Site and any Mosim content on social media websites, including without limit Facebook and Instagram (together: the “Site”). These Use of the Site Terms and Conditions apply to all visits and uses of the Site, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Site. By accessing and using the Site, you grant your consent to these Use of the Site Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site and the Internet. If you do not agree to these Use of the Site Terms and Conditions, please leave the Site immediately.
Content provided on the Site is free of charge and without any warranties of any kind. The information on the Site is solely for informational purposes and does not in any way constitute advice. Mosim does not represent or warrant that the information and/or facilities contained in the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or any other harmful components. In addition, Mosim will not provide for specific IT infrastructure or connectivity. Thus, Mosim cannot represent or warrant the Site will be uninterrupted or error free. Mosim does not make any warranties or representations regarding the use of the Content on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site 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. The Site 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.
3.1 Trademarks and Copyrights
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement (“Content”) is owned by Mosim, its affiliated companies, its licensors or its content providers. The entire Content of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
Except as may be otherwise indicated in specific documents within the Site, you are authorised to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Mosim. For purposes of these terms, the use of any such Content on any other website environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Site.
3.2 Limitation of Liability
Your use of this website is at your own risk. Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, Mosim limits its liability, where it is entitled to do so: in respect of services, to the resupply of the relevant services or paying the cost of that resupply; and, in respect of products, the repair or replacement of the relevant products or paying the cost of that repair or replacement. Otherwise, to the maximum extent permitted by law neither Mosim nor any of their employees, directors nor any of their agents, vendors, suppliers nor any other party involved in creating, producing or delivering this website or any Content shall be liable (and you hereby discharge the aforesaid entities from any and all liability) for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, this website or Content or any other material or product provided to you via this website, including damage caused by viruses or any incorrectness or incompleteness of the information on this website, or relating to the performance of the products obtained via this website or otherwise arising out of or in connection with this website or the Terms and Conditions, even if Mosim has been advised of the possibility of any such loss or damage.
3.3 Misuse of the Site
You are prohibited from using the Site to post or transmit any User Submissions (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Mosim may deny your access to the Site at any time in its sole discretion, and which shall include situations where Mosim believes that your use of the Site is in breach of any of these Use of the Site Terms and Conditions and/or applicable laws.
You are also prohibited from using the Site to advertise or perform any commercial solicitation.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Site or its content or circumvent the structure or presentation of the Site or any of its content or (b) to interfere with the operation of the Site or any transaction being made on the Site or interfere or affect any person's use of the Site or to help facilitate any third party to purchase any product on the Site. You may not attempt to gain unauthorised access to any part or feature of the Site or any system connected to the Site by hacking, password mining or other illegitimate or unauthorised means.
3.4 User Submissions
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, suggestions, opinions, information, artwork, graphics, and photographs, ("User Submissions") will be deemed non-confidential and non-proprietary. Accordingly, Mosim shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Submissions for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Mosim only acts as a passive conduit for the distribution of the User Submissions and is not responsible or liable to you or to any third party for the content or accuracy of the User Submissions. Mosim shall not be continuously monitoring User Submissions published by you or moderating between users, nor shall Mosim be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any reviews, comments, suggestions, opinions and other information expressed or included in the User Submissions do not necessarily represent those of Mosim. Any use by you of the User Submissions is entirely at your own risk. You represent and warrant that any User Submissions posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Mosim and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Mosim or its affiliated companies related to any User Submissions posted or transmitted by you or your other use of the Site.
Mosim reserves the right at its sole discretion to block or remove (in whole or part) any User Submissions posted or transmitted by you and which Mosim believes is not in accordance with these Use of the Site Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Mosim. In addition to the rights applicable to any User Submissions, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall 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 User Submissions.
You agree to promptly notify Mosim in writing (refer Contact Us section) of any User Submissions (or other Content) which breaches these Use of the Site Terms and Conditions. You agree to provide to Mosim sufficient information to enable Mosim to investigate whether such User Submissions (or other Content) breaches these Use of the Site Terms and Conditions. Mosim agrees to make good faith efforts to investigate such complaint and shall take such action as Mosim in its sole discretion decides. However, Mosim may but does not warrant or represent that it will block, edit, or remove (in whole or part) such User Submissions or other Content.
3.5 Links to Third Parties
There may be links to websites that are owned and controlled by third parties being provided from time to time in order to improve the usage of the Site. These links take you outside Mosim’s service and off the Site and are beyond Mosim’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. Mosim is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.
4. Others
4.1 Priorities
In case of contradiction between Mosim Terms and Conditions and any content contained in other parts of the Site or in links, Mosim Terms and Conditions contained in this document shall prevail.
4.2 Privacy Policy
Mosim fully respects the privacy of individuals who access and use the Site. For details on the manner in which we the type of information we collect, how and for what purpose we use your information, and under what circumstances we disclose information to third parties please see our Privacy Policy which are incorporated into and form part of these Mosim Terms and Conditions.
4.3 Severance
Each provision of the Mosim Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Mosim Terms and Conditions.
4.4 Assignment
Mosim reserves the right to transfer, assign or novate all or any of our rights and obligations under Mosim terms and conditions provided that your rights under Mosim terms and conditions are not affected. You may not assign or otherwise transfer any of your rights or obligations under the Mosim terms and conditions without our consent in writing.
4.5 Force Majeure
Mosim will not be held responsible for any delay or failure to perform or comply with our obligations under the Mosim Terms and Conditions when the delay or failure arises, in whole or in part, from any events, occurrences, or causes which is beyond Mosim’s reasonable control. Such events, occurrences, or causes, including but not limited to, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.
4.6 Applicable Law
The Mosim Terms and Conditions shall be governed by the laws of Malaysia, without regard to conflict of law principles.
4.7 Arbitration
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions shall be referred to and decided by arbitration in accordance with the Rules of Arbitration of The International Chamber of Commerce, by one to three arbitrators appointed in accordance with the said rules. The seat of arbitration shall be in Kuala Lumpur and English shall be the language to be used in the arbitration proceedings.
4.8 Contact Us
If you have any questions or comments about the Site or Mosim Terms and Conditions or in the unlikely event that you wish to make a complaint, please don't hesitate to contact our Customer Service Support by email to m4support@chimaera.my.