1.1 Azutech Sdn Bhd (“Company”) is the owner and operator of [www.azutechbrunei.com] (“Website”). These terms and conditions may apply to any person, whether they are acting on their own behalf in a personal capacity, or on the behalf of a corporate entity or any other non-personal entity (“Users”). The following terms and conditions govern the purchase of products by the Users from the Company through the Website (“Terms and Conditions”).
1.2 These Terms and Conditions, along with any other documents referred to herewith, should be read carefully before purchasing any products from the Company through the Website. The User’s purchase of any products through the Website indicates that the User has both read and accepted these Terms and Conditions. By completing the registration process and clicking the “I Agree” button, the User indicates that they consent to be bound by these Terms and Conditions.
- Terms of Sales
2.1 In order to purchase a product from the Website, Users are required to register with the Company through the Company’s online registration process by creating an account on the Website. All information submitted to the Company must be accurate and true and Users, by submitting this information to the Company as part of registration process, undertakes that such information is accurate and true. Users also undertake to keep their information up to date by notifying and informing the Company of any changes to their information and by updating their account information accordingly.
2.2 By placing a purchase order, Users are offering to purchase a product on and subject to these Terms and Conditions. All orders are subject to availability and confirmation of the order price. Dispatch and delivery times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which the Company will not be responsible. Any indication as to the time of delivery provided by the Company or the Website is merely an approximation and is not a guarantee as to the exact date and time on which delivery of the purchase order will be made.
2.3 Users are required to be of the age of consent (18 years of age or over) to contract with the Company to purchase a product at the Website without the supervision and involvement of a legal parent or guardian. Users are also required to possess a valid credit or debit card issued by a bank acceptable to the Company and as specified by these Terms and Conditions (see “Payment” below). The Company retains the right to refuse any request made by Users and to reject any purchase orders. If orders are accepted, the Company shall inform the User by email, or an alternative means of communication as provided for, and will confirm that the transaction is initiated.
2.4 When placing a purchase order, Users undertake that all details provided are true and accurate, that they have the legal capacity to enter into a contract and are an authorized user of the credit or debit card used to place the order and that there are sufficient funds to cover the price of the order.
2.5 When a purchase order is placed, Users will be sent and should receive an acknowledgement e-mail confirming receipt of their order. This email will only be an acknowledgement and will not constitute acceptance of the order. A contract between the Company and the User will not be formed until the Company sends a confirmation e-mail that the order have been accepted and that the product(s) which were ordered are being dispatched to the User. Only those products listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Once a purchase order is accepted by the Company, Users can no longer cancel or make any changes to the purchase order.
2.6 The Company hereby provides that, in cases when an order cannot be processed for any reason, the Company reserves the right to refuse or cancel any order for any reason at any given time. Users may be asked to provide additional verification or information, including but not limited to phone number and address, or to comply with any other reasonable request, before the order is accepted.
(b) Contract Formation
2.7 Users, by submitting a purchase order through the Website, enter into a contract of sale with the Company (“Contract of Sale”). No Contract of Sale shall come into existence until the User’s purchase order has been accepted by the Company. The User warrants that they are purchasing such product(s) for their own internal/personal use only and not for re-sale purposes.
2.8 The product(s) sold are subject to these Terms and Conditions and the User acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither the Company’s acknowledgment of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order shall be deemed an acceptance of such terms and conditions or a waiver of the provisions thereof.
(c) Pricing and Availability
2.9 Prices of products and services offered are indicated online and are available prior to submitting purchase orders. Users will have the opportunity to review product prices prior to agreeing on an order and initiating purchase. Any applicable shipping, handling or any other additional charges will be indicated.
2.10 All prices advertised are subject to changes and User’s shall take due care to take note of such prices prior to making a purchase order. The Company shall not be responsible for any misinterpretation as to the price made by the User. Users are taken to agree to the price as quoted and indicated on the Website and on the purchase order confirmation at the time the order is made.
2.11 Whilst the Company aims to ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. In such circumstances, items may be mispriced. In the event that such an error in the price of a product or service ordered is discovered or occurs, the Company shall inform Users of this as soon as possible and they will be given the option of reconfirming their order at the correct price or cancelling it. In the event that the Company is unable to obtain a confirmation from the User as to reconfirming the purchase at the correct price or to cancel, the Company will treat the order as cancelled. In such an event, the Company reserves the right to refuse or cancel any order whether or not the order has been confirmed and regardless of whether payment has been taken. In the event of cancellation despite payment having already been made, arrangements for a full or partial refund will be made by the Company in accordance with the Company’s Return and Refund Policy which can be found at [insert link to Return and Refund Policy]. The Company’s Return and Refund Policy shall form an integral part of the Contract of Sale and shall be taken, read and construed as an essential part thereof.
2.12 Unless credit terms have been expressly agreed to by the Company, payment for products or services shall be made in full before physical delivery of products or services. Unless expressly provided, Users shall pay for all shipping and handling charges. Users shall bear all country, government, use, goods and services, value added, excise, privilege and similar levies/taxes. Time for payment is of the essence.
2.13 Upon receiving a User’s purchase order, the User will be directed to a payment gateway operated by a third party provider upon which the User will be required to provide payment and/or card details to complete the purchase. The operator of the payment gateway will carry out a standard authorization check on the User’s payment card to ensure validity and/or that there are sufficient funds to fulfil the transaction. User’s cards will be debited upon authorisation being received. The monies received upon the debiting of the card shall be treated as a deposit against the value of the goods the User wishes to purchase. Once the goods have been despatched and the User have been sent a confirmation email of the acceptance of the purchase order, the monies paid as a deposit shall be used as consideration for the value of goods the User has purchased as listed in the confirmation email.
2.14 The terms and conditions applicable to the use of the payment gateway services, as contained on the payment gateway site, shall apply in conjunction to these Terms and Conditions and vice versa. The Company does not collect and/or store User’s details and information as to their payment method, such as credit or debit card information. This information are provided by the User directly to the operator of the payment gateway and will be subject to the terms and conditions applicable thereof.
(e) Refusal of Order
2.15 The Company reserves the right to withdraw any products from the Website at any time. The Company also reserves the right to refuse to process purchase orders, which includes even after the Company has sent an order confirmation. The Company reserves the right to exercise this sole discretion at all and any time. In the event of refusal or cancellation in which payment has been made, the payment amounts will be refunded in accordance with the Company’s Return and Refund Policy which can be found at Return and Refund Policy.
2.16 The Company will not be liable to Users or any other third party by reason of their withdrawing of any products from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website or for refusing to process or accept purchase orders.
3.1 The Company shall deliver the product(s) to the place and address of delivery designated by the User and agreed to by the Company (“Place of Delivery“). The method of delivery is to be provided for at the discretion of the Company and may be carried out by a third party service provider contracted by the Company for carrying out the delivery of the product(s) ordered. The Place of Delivery cannot be changed once the purchase order is confirmed and accepted by the Company. The Place of Delivery shall either be residential or office premises. P.O box address is not acceptable for all products.
3.2 Any dates and times quoted by the Company for the delivery of the product(s) are approximate only and are subject to variation and shall not form part of the Contract of Sale. The Company shall not be liable for any delay in delivery of the products and/or services, howsoever caused. However, the Company does undertake to use its best endeavours to ensure delivery is made as close to the approximate time given for delivery, subject to any limitations, exceptions and qualifications provided herewith. Purchase orders are to be fulfilled and delivered on business days only (Monday to Friday, excluding public holidays in Brunei and the country of shipment outside Brunei). All delivery times stipulated, which may be subject to variation, include 1 to 2 days processing time. Users cannot cancel or make any changes to a purchase order once delivery is in processing status.
3.3 The Company may revise and/or discontinue products at any time without notice as part of its policy of on-going product up-date and revision. Revised or updated products will have the functionality and performance of the product(s) ordered. The User accepts that the Company’s policy may result in differences between the specification of products delivered to the User and the specification of products ordered.
3.4 Some products offered by the Website require special handling as required by laws and regulations governing the transportation of these items. The Company follows all legal and regulatory requirements. Therefore the delivery of certain items and/or products to some locations may not be possible. This includes products that contain components that are considered hazardous materials. Orders containing components considered hazardous materials are to be delivered via “ground shipping”.
3.5 Delivery to rural areas may require additional delivery time regardless of delivery method.
- Title and Risk
4.1 Title to and risk in products purchased shall pass to the User upon delivery of the product(s) to Users. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.
- Acceptance of Products
5.1 Unless having indicated as to the contrary by notification to the Company along with having received confirmation of receipt of such notice from the Company, the User undertakes that at the point of delivery and receipt of the product(s), the product(s) shall be deemed to have been accepted by the User as being in good condition and/or to good standards and in accordance with the Contract of Sale.
6.1 For warranty on products purchased from the Company through the Website, please refer to the Company’s Warranty [insert link to Warranty document]. The Company’s Warranty shall form an integral part of the Contract of Sale and shall be taken, read and construed as an essential part thereof.
- Returns and Refunds
7.1 Users are entitled to return and/or seek a refund on products purchased, delivered and accepted only in accordance with the terms as set out in the Company’s Return and Refund Policy and subject only to these Terms and Conditions. Users undertake that in seeking a return or refund that they shall do so in adherence to the terms as agreed to in the Company’s Return and Refund Policy which can be found at [insert link to Return and Refund Policy].
- Liability and Indemnity
8.1 The Company’s liability shall be limited to those specified under these Terms and Conditions and under statute.
8.2 To the extent permitted by law, the Company’s total liability herein in respect of each matters or series or connected matters shall not exceed the amount invoiced for the applicable product(s) under the Contract of Sale.
8.3 Users agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees and disbursements) arising from the negligent act or omission or wilful misconduct of the User, its employees, agents or subcontractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
- Force Majeure
- The Company shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the Company.
- Governing Laws
10.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Brunei, and shall be subject to the non-exclusive jurisdiction of Bruneian courts.
11.1 If in the event of breach by a User of any of these Terms and Conditions, and in the event that the Company takes no action, the Company reserves the right and shall remain entitled to exert their rights and to seek remedies in such instances and in any other situation where Users have breached these Terms and Conditions. As such, no failure or delay by the Company or Users in exercising any rights under these Terms and Conditions, or any other related agreement referred to herein, shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish the Company’s or Users rights under these Terms and Conditions.
12.1 In the event that any part of the Terms and Conditions is unenforceable (including any provision in which the Company excludes their liability to the User) the enforceability of any other part of the Terms and Conditions will not be affected and all other clauses remaining shall continue to have total effect and shall be in full force. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly as such. Alternatively, the User agrees that the clause in such circumstances shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause and which allows it to have valid effect as is permitted by law.
13.1 The User shall not assign or otherwise transfer any Contract of Sale or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of the Company. Any such unauthorized assignment shall be deemed null and void.