Terms of Sales
1.
Definitions
I.
DentalMall means Dental Mall Sdn. Bhd.
II.
Portal means the following 2 mechanisms that facilitate
the advertisement and promotion of the Product online
together with the subsequent sale of the Product and
online payment by the Customer via a payment gateway
provided by a bank:
a.
Website on the Internet, and
b.
an APPs program for mobile telephones
III.
Customer means the purchaser of Goods from DentalMall who must
submit documentary proof of the following::
a. If a Malaysian citizen, then he/she must show
i.
Malaysian Identity Card to confirm his/her
Malaysian citizenship, AND
ii.
Dental certificate/license issued by the
Malaysian Ministry of Health to confirm
he/she is qualified to practice as Dentist in
Malaysia, OR
b. If a foreigner (non-Malaysian), then he/she must show
i.
Visa to confirm he/she does not reside in
Malaysia on a permanent basis
ii.
Passport to confirm his/her citizenship in
which country, AND
iii.
Foreign Dental certificate
IV.
Seller/Vendor means a entity that enters into an
agreement with DentalMall to advertise/promote its
Product(s) online on DentalMall’s Portal and delivers the
Product(s) ordered to the Customer, while DentalMall
acts as the collector of payments by the Customer
V.
Product means all dental goods sold and/or delivered by
DentalMall to the Customer.
2.
Application
These terms govern the following :-
I.
Customer’s use of this Portal,
II.
DentalMall’s offer of products for purchase on this Portal, and
III.
Customer’s purchase of products available on this Portal
This Agreement includes, and incorporates by this reference, the policies and
guidelines referenced below.
No amendment, alteration, waiver or cancellation of any of these Terms is binding on
DentalMall unless confirmed by DentalMall in writing.
The Customer acknowledges that no employee or agent of DentalMall
and the Sellers on the Portal have any rights to make any
representation, warranty or promise in relation to the Products or the
sale of the Products other than as contained in these Terms.
3.
Restrictions
DentalMall reserves the right to restrict access to areas of this Portal, or indeed this
entire Portal, at DentalMall’s discretion.
If DentalMall provides the Customer with an account with the accompanying user ID
and password to enable the Customer to access restricted areas of this Portal or other
content or services, the Customer must ensure that the user ID and password are kept
confidential. DentalMall may disable the user ID and password at DentalMall’s sole
discretion without notice or explanation.
The Customer may view or download, for caching purposes only, and print pages from
the website for the Customer’s own personal use, subject to the restrictions set out
below and elsewhere in these terms and conditions. The Customer must not:-
i.) republish material from this Portal
(including republication on another
website);
ii.) sell, rent or sub-license material from the Portal;
iii.) show any material from the Portal in public;
iv.) reproduce, duplicate, copy or otherwise exploit material on this Portal for a
commercial purpose;
v.) edit or otherwise modify any material on the Portal; OR
vi.) redistribute material from this Portal except for content specifically and
expressly made available for redistribution.
4.
Customer Registration
In order to access or use certain features of the Site, the Customer may be required
to register on a registration form provided on the Portal which will require the
Customer to give personally identifiable information such as
I
Customer Name,
II
An official e-mail address that the Customer owns,
III
Customer’s Mobile No.,
IV.
Dental Clinic Name, and
V.
Dental Clinic’s Registered Address
The Customer must agree to provide true, accurate, current and complete
information about himself or herself as prompted by the Portal's registration page.
Failure to do so shall constitute a breach of this Agreement, which may result in
immediate termination of the Customer’s account.
Further, the Customer may not: enter, select or use an email address owned or
controlled by another person with the intent to impersonate that person, or use an
email address subject to any rights of a person other than the Customer without
appropriate authorization.
DentalMall reserves the right to refuse registration of, or cancel an account at
DentalMall’s sole discretion without any liability whatsoever. The Customer is
responsible for maintaining the confidentiality of his/her password and is fully
responsible for all activities that occur under his/her account and password.
5.
Security
While DentalMall works to protect the security of the Customer’s data and account,
DentalMall cannot guarantee that unauthorized third parties will not be able to defeat
DentalMall’s security measures.
DentalMall is to be notified immediately of any unauthorized use of the Customer’s
email address or password.
By becoming a Registered User, the Customer consents to the inclusion of the
Customer’s personal and non-personal data in the DentalMall on-line database and
authorizes DentalMall to share such information with Sellers.
DentalMall may refuse registration and deny the membership and associated
account and Password to any Customer for whatever reason. The Portal may
suspend or terminate a registered membership at any time without any prior
notification in interest of DentalMall or general interest of its visitors/other members
without giving any reason thereof.
6.
Title
Legal and beneficial ownership of the Product will pass to the
Customer ONLY when the Product has been paid in full to DentalMall
beforehand on the Portal and delivered in good and fit-for-use conditions
by the Seller to the Customer
7.
Prices
Prices are determined at the time of order and, prior to payment/delivery.
They are subject to change without notice.
8.
Display and Samples
Any display (whether online or physically) of the Product or sample inspected by the
Customer is solely for the Customer’s convenience and does not constitute a sale
by sample.
9.
Delivery
The cost and mode(s) of delivery will be highlighted on the product’s advertisement
by the Seller. The Product(s) ordered will require a street address for delivery and
will not be shipped to P.O. Boxes.
The Product(s) ordered will be delivered to the Customer within the number of
business days from the date of purchase, as specified by the Seller of the ordered
product(s) on the Portal.
A Sales Invoice, Delivery Note and the Product Warranty Card (if any is deemed
necessary) will be sent together with the Product(s) ordered to the Customer. At
times, the Sales Invoice may act as the Delivery Note as well.
10
Cancellations, Refunds, Returns & Warranties
DentalMall is not responsible for and will not respond to any Customer requests for
i.)
Sales cancellations,
ii.)
Cash refunds,
iii.)
Product returns/replacements and/or
iv.)
Product Warranties
The Customer is entitled to contact and deal directly with the Seller of the Product
concerned as only each Seller has its own policies regarding Sales Cancellations,
Product Warranties, Cash Refunds and/or Product Returns/Replacements.
11.
Payment
DentalMall accepts payment by Credit and Debit Cards of major banks, be they
Malaysian and international banks, via the Payment Gateway provided in the Portal.
Bank charges incurred will be borned by DentalMall.
12.
Limitations of liability
Even if DentalMall is expressly advised of the potential loss, it will not be liable
to the Customer (whether under the law of contract, the law of torts or
otherwise) in relation to the contents of, or use of, or otherwise in connection
with this Portal:
v.)
for any direct loss;
vi.)
for any indirect, special or consequential loss; or
vii.)
for any business losses, loss of revenue, income, profits or
anticipated savings, loss of contracts or business relationships,
loss of reputation or goodwill, or loss or corruption of information
or data.
13.
Portal Access
DentalMall grant the Customer a limited license to access and make personal
u
use of this Portal and the following restrictions are highlighted:
● No access for commercial sale:
This access does not include any resale or commercial use of this Portal or its
content; any collection and use of any product listing, description, or pricing; copying
of account information for the benefit of another merchant; or any use of data mining,
or similar data gathering and extraction tools.
● No Screen-Scraping
The use of automated systems or software to extract data from this Portal for
commercial purposes (‘screen scraping’) is prohibited unless the third party has
directly concluded a written licence agreement with DentalMall in which permits it
access to DentalMall’s price, product specification information for the sole purpose of
price comparison.
● No Portal-Scraping
DentalMall prohibit other businesses/individuals from 'scraping' information from this
Portal and reserve the right to permanently terminate this Agreement without prior
notice, resulting in an immediate and permanent account 'ban'
● No reproduction
This Portal or any portion of this Portal may not be downloaded (other than page
caching), reproduced, duplicated, copies, sold, visited, or otherwise exploited for any
commercial purpose without express written consent of DentalMall.
● No framing
The Customer may not frame or utilize framing technologies to enclose any
trademark, logo, or other proprietary information (including images, text, page layout,
or form) of DentalMall and its affiliates without the express written consent.
● Metatags
The Customer may not use any metatags or any other 'hidden text' utilizing the
DentalMall name or trademarks without the express written consent of DentalMall.
Any unauthorized use terminates the permission or license granted by DentalMall.
14.
Customer Account’s Termination
DentalMall reserves the right to terminate the Customer’s access to the Portal if it
reasonably believes, in its sole discretion, that the Customer has breached any of
the terms and conditions of this Agreement.
Following termination, the Customer will not be permitted to use the Portal and
DentalMall may, in its sole discretion and without advance notice to the Customer,
cancel any outstanding orders for Products.
If the Customer access to the Portal is terminated, DentalMall reserves the right to
exercise whatever means DentalMall deems necessary to prevent unauthorized
access of the Portal. This Agreement will survive indefinitely unless and until
DentalMall chooses, in its sole discretion and without advance to the Customer, to
terminate it.
15.
Disclaimer of Warranty
Any User (Individual/Company/Organization) will not hold DentalMall responsible for
other users' content, actions or inactions, or items that they list, including things they
post.
DentalMall cannot guarantee continuous or secure access to its services, and
operation of the Portal may be interfered with by numerous factors outside of
DentalMall’s control.
Accordingly, to the extent legally permitted, DentalMall exclude all implied
warranties, terms and conditions, and are not liable for any loss of money, goodwill,
or reputation, or any special, indirect, or consequential damages arising out of the
Customer’s use of the Portal and DentalMall’s services.
16.
Representations
This Portal is provided “as is” without any representations or warranties, express or
implied. DentalMall makes no representations or warranties in relation to this Portal or
the information and materials provided on this Portal. Without prejudice to the
generality of the foregoing paragraph, DentalMall does not warrant that:
a)
The Portal will be constantly available, or available at all and
b)
the information on this website is complete, true, accurate or
non-misleading.
Nothing on this Portal constitutes, or is meant to constitute, advice of any kind. If the
Customer requires advice in relation to any legal, financial or medical matter, the
Customer should consult an appropriate professional.
17.
Indemnification
The Customer will release, indemnify, defend and hold harmless DentalMall and any
of its contractors, agents, employees, officers, directors, shareholders, affiliates and
assigns from all liabilities, claims, damages, costs and expenses, including reasonable
attorneys' fees and expenses, of third parties relating to or arising out of the following
I.
this Agreement or the breach of your warranties, representations
and obligations under this Agreement;
II.
the Portal content or your use of the Portal content;
III.
the Products or your use of the Products
(including Trial
Products);
IV.
any intellectual property or other proprietary right of any person
or entity;
V.
the Customer’s violation of any provision of this Agreement; or
VI.
any information or data you supplied to DentalMall.
18.
Waiver of Class Action Rights.
The Customer irrevocably waives any rights the Customer may have to join claims
with those of others in the form of a class action or similar procedural devices. Any
claims arising out of, relating to, or in connection with this Agreement, must be
asserted individually
19.
Waiver of Breach
No failure by DentalMall to insist on strict performance of any of these terms is a
waiver of any right or remedy, which DentalMall have, and is not a waiver of any
subsequent breach or default by the Customer.
20.
Force Majeure
DentalMall will not be liable for any breach of contract due to a “Force Majeure
Event”, which is a circumstance or event beyond the reasonable control of
DentalMall or its Seller(s), that results in DentalMall or its Seller(s) unable to
observe or perform on time an obligation under the Terms of Sales.
Such circumstance or event shall include strikes, lockouts, industrial action or
labour disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts,
government action or regulation, telecommunication or utility failures, power
outages, fire, explosion, storm, flood, natural physical disasters, epidemic,
quarantine restrictions, disruption to supply lines, and general failure or
impossibility of the use of aircraft, shipping, aircraft, motor transport or other means
of public or private transport, or political interference with the normal operations of
any party.
21.
Assignment
Neither a contract, nor any rights under a contract may be assigned by the
Customer without the prior written consent of DentalMall, which is at DentalMall’s
absolute discretion.
22.
Severability
If any provision contained in the terms is held by a court to be unlawful, invalid or
unenforceable, the validity and enforceability of the remaining provisions are not
affected.
23.
Variation
DentalMall may revise these terms and conditions from time-to-time. Revised terms
and conditions will apply to the use of this Portal from the date of the publication of the
revised terms and conditions on this Portal. Please check this page regularly to ensure
familiarity with the current version.
24.
Governing Law & Jurisdiction
These Terms of Sales and all matters relating to the access to, or use of, the
DentalMall Portal and the related Services therein, shall be governed by and construed
in accordance with the laws of Malaysia, without giving effect to any principles of
conflicts of law.
You hereby agree to submit to the non-exclusive jurisdiction of the Malaysian courts.
In respect of all matters/disputes arising out of, in connection with or in relation to these
terms and conditions or any other conditions on this website, only the competent
Courts at Malaysia shall have jurisdiction.
25.
Profanity
DentalMall prohibit the use of language that is racist, hateful, sexual or obscene
in nature. This policy extends to text within listings, on Seller pages and all other
areas of the DentalMall Portal that another User may view. Please report any
violations of this policy to the correct area for review:
a) Report offensive Display Names
b) Report offensive language in a listing or otherwise
If a feedback comment; or any communication on DentalMall Portal; or email
communication in relation to a transaction conducted on the Portal contains
profanity, please submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a Customer's
account, temporary suspension, or a formal warning.
DentalMall will consider the circumstances of an alleged policy violation and
the Customer's trading records before taking action.Violations of this policy may
result in a range of actions, including:
1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.
26.
Acceptance of Terms
By using the DentalMall Portal, you signify your acceptance of this policy. The
continued use of the Portal following the posting of changes to this policy will be
deemed acceptance of those changes.
