TERMS OF SERVICE
TERMS AND CONDITIONS OF USE
- Agreement to Terms and Conditions of Use
- These Terms and Conditions of Use (“Terms”) govern the access and/or use by you, an individual or entity, from within any country in the world, all content, products and/or services (“Services"), made available on our Website www.neweracap.com.my (“Website”) and/or mobile applications which we may own or operate from time to time (collectively, “Platform”), whether as a guest or account holder. The access and usage of the Services and the Platform have been made available by and through Stream Enterprise (M) Sdn Bhd (Registration No : 198301004343) (“we”, “us” or “our”).
Kindly carefully read the Terms herein before proceeding to access and/or use the Services and/or the Platform.
Your access and use of the Services and/or the Platform constitute your agreement to be bound by the Terms, which stands as a contractual relationship between you and us.
- If you do not agree to these Terms, you should not access or use the Services and/or the Platform. The Terms herein do hereby expressly supersede any prior agreements or arrangements with you. We reserve all rights to immediately terminate these Terms and/or your access and/or usage of any of the Services and/or the Platform or generally cease or amend our offering or deny access to the Services and/or the Platform at any time for any reason, without notice.
- We reserve the right to offer you, at any time, such supplemental terms as may be necessary and/or apply to certain Services and/or the Platform, and such supplemental terms will be disclosed to you in connection with the applicable Services and/or the Platform. Supplemental terms are an addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services and/or the Platform.
- We reserve all rights to amend the Terms related to the Services and/or the Platform from time to time, without any prior notice. Such amended Terms will be effective upon the posting of the updated Terms. Your continued access and/or use of the Services and/or the Platform, after such posting occurs, constitutes your consent to be bound by the updated Terms as amended.
- The Services contained in the Platform
The Services contained on the Platform and/or its Services include, a growing variety of resources provided by us and/or any of our related third-party partner(s), affiliate(s) and/or provider(s), including but not limited to the viewing and purchase of products (“Products”) made available for sale by us on the Platform.
- The Platform is used to facilitate access to the Services.
- All data and information contained about and/or related to the Services on the Platform shall not give rise to any commitment and/or obligation which is not specifically stipulated in the Terms herein.
- Any material, documents, information and/or content posted, uploaded and/or shared through the Platform are at no material time to be construed or considered as advice on which reliance should be placed.
Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
- access and use the Services and the Platform on your personal device solely in connection with your use of the Services and/or the Platform; and
- access and use any content, information and related materials that may be made available through the Services and/or the Platform, in each case solely for your personal, non-commercial use, subject at all material times to permissions granted by us or our licensors. Any rights not expressly granted herein are expressly reserved by us and/or any of our affiliated or related licensors.
- Restrictions or Prohibited Conduct
- You agree that you will comply with the Terms herein and you will not:
- use the Services and/or the Platform for any purpose(s) which may:
- breach any law, statute, rule, regulation or by-law of Malaysia or any other applicable jurisdiction;
- be fraudulent, criminal or unlawful in any way;
- be inaccurate or out-of-date;
- intentionally, knowingly or unknowingly impersonate any other person, entity or body; falsely claim an affiliation with, or misrepresent a relationship with, any person, entity or body; misrepresent the source, identity, or content of information transmitted via the Platform; or perform any other similar fraudulent activity;
- be contrary to any specific rule or requirement that is stipulated on the Services and/or the Platform (whether it be in relation to a particular part or in general); and
- involve your use, delivery or transmission of any viruses, unsolicited emails, ‘trojan horses’ or any computer programming routines that are intended and/or for the purpose of damaging, detrimentally interfering with, surreptitiously intercepting, or expropriate any system, data, personal information or any user’s enjoyment of the Services and/or the Platform.
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platform or any part thereof; remove any copyright, trademark and/or any other IP Rights (defined below), or other proprietary notices from any portion of the Services and/or the Platform;
- reproduce, modify, adapt, translate, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any of the Services and/or the Platform except as expressly permitted by us;
- delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Platform, (b) features that prevent or restrict use or copying of any content accessible through the Platform, (c) features that enforce limitations on the use of the Platform, or (d) the copyright or other proprietary rights notices on the Platform;
- attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
- use or attempt to use another user’s account without authorisation from that user and us;
- relay email from a third party’s mail servers without the permission of that third party; manipulate identifiers in order to disguise the origin of user content transmitted through the Platform;
- infringe upon the rights of any other person’s proprietary rights;
- cause to be launched or launch any programs or scripts for the purpose of indexing, surveying or otherwise data mining any portion of the Services and/or the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Services and/or the Platform;
- attempt to circumvent any content filtering techniques that we employ, or attempt to gain unauthorised access to or impair any aspect of the Services and/or the Platform and/or its related systems or networks that you are not authorised to access; and/or
- interfere with or disrupt the Services and/or the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform; use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform, or that could damage, disable, overburden, or impair the functioning of the Platform in any manner.
- In addition, you agree that the entire risk arising out of your use of the Services remains solely with you, to the full extent permitted under the laws of Malaysia.
- Access to the Services and the Platform
- We shall not be responsible and/or liable if the Services and/or the Platform is unavailable for any time or for any period.
- On occasion, we may need to carry out routine repairs, maintenance or introduce new facilities and functions to the Services and/or the Platform.
- At any material time, we reserve all rights to make changes and/or updates as we deem fit.
- Third Party Services and Content
The Services and/or the Platform and all rights therein are and shall remain our and/or our licensors’ property. Neither the Terms nor your use of the Services and/or the Platform convey or grant you any rights:
- in or related to the Services and/or the Platform except for the limited license granted above; or
- to use or reference in any manner our and/or our licensors’ names, logos, products and service names, trademarks or service marks.
- Accuracy of Information
- We have taken great care in compiling this Platform but neither we nor our directors, employees or other representatives or any other companies within our group of companies will be responsible for any damages, losses or costs however they arise as a result of your use of or reliance on the Platform. Although we aim to provide information which is accurate and up to date, we do not guarantee to do so. You are responsible for making sure that your reliance on this Platform is suitable for your own purposes and the information which we provide is not intended to be advice which you should rely on. The information contained on this Platform is provided on an "AS IS" basis and we exclude all warranties and representations of any kind with respect to this Platform and its contents to the fullest extent which the law allows.
- We aim to ensure that the Product images on our Platform are as accurate as possible but there may be slight colour variations between the actual Products and the images shown online.
- Modifications to the Products and Prices
- Prices and/or descriptions for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Products.
- Whilst we will make best efforts to ensure that all details, descriptions, and prices, which appear on the Platform, are accurate, there may be instances where errors may occur. We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services or Products will be corrected.
- Terms of Sale and Creation of Account
- Submitting an Order
- The information set out in the Terms and the details contained on this Platform do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any Products shall exist between you and us until we have shipped the Products to your address (“Contract”).
- In order to submit an order with us detailing the Products that you wish to purchase from us (“Order”), you will be required to follow the online shopping process on the Platform, where you will be required to among other steps:
- select to check out as a guest or as a user with an Account (as defined below); and
- if you select to check out as a guest, to provide your billing details and shipping details which will consist among other information, your first and last name, billing address, shipping address, phone number and e-mail address; or
- if you select to check out as a user with an Account, to confirm the existing billing details and shipping details previously submitted and stored in the Platform are accurate,
before proceeding with payment for the Order via one of the Payment Services. Once you have successfully completed the payment, you will receive an Order Confirmation which will act as an acknowledgement of your Order.
- An Order is only considered accepted by us upon your Order being despatched to the delivery address provided by you.
- A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times at our discretion depending on the internal logistical arrangements.
- Creation of Account
- When you are at the Checkout page, you will have the option to create an account (“Account”) by checking the “create an account” box.
- Your Account will be created once you click “place order” and your information inserted in the Checkout page will be retained under your Account.
- An automatically generated password will then be sent to your e-mail address inserted in the Checkout page.
- You may amend and manage your details retained under your Account, including your password, by logging into your Account and amending the same.
- You are responsible for all activities and transactions under your Account, and you agree to maintain the security and secrecy of your Account, username, and password at all times.
- When you place an Order with us and/or create an Account with us, you represent and warrant that:
- you are an individual of at least 18 years of age;
- you are capable of entering into and performing legally binding contracts under any applicable law; and
- all information, including but not limited to payment information, which you provide is accurate, up-to-date, truthful, and complete.
- If you are under 18 years of age, you may only you may only place an Order and/or create an Account with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
- Refusal of Order
We may refuse your Order or cancel your Order at our discretion and this may include circumstances where:
- we are unable to obtain authorisation of the payment or the payment process is incomplete; or
- notwithstanding Clause 8(a) below, if we identify a pricing error on the Platform (even after your Order has been acknowledged by us); or
- if we identify any errors or inaccuracies, including without limitation, errors or inaccuracies in information relating to delivery, payment terms or return policies; or
- you fail to meet any criteria for eligibility of purchase which we may impose from time to time; or
- we suspect that your Order is related to fraudulent activity; or
- you fail to submit all necessary and relevant details to allow us to fulfil the Order; or
- the Products are later discovered to be unavailable or out of stock.
- Refund of Order
If you cancel your Order within a period of 24 hours from confirmation of your Order and before we have shipped the Order, we may consider a full refund of any amount paid in the form of store credit.
- Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Platform are accurate, there may be instances where errors may occur. Without prejudice to our rights in Clause 6(b), if we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If the Order is cancelled pursuant to this clause, we will refund the amount paid directly to you via the original method of payment that you have selected.
- Where applicable, prices are inclusive of any applicable taxes and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Total’.
You can pay using any of our payment partners listed on our Platform and pay all or part of the price of your Oder using e-gift cards, store credit or a promotional voucher.
- Payment Partners
- You agree that you must provide accurate and complete information required for the Payment Services, including your bank account details, or information for a valid debit or credit card.
- By using a particular payment method, you are agreeing to the terms of service of the Payment Partner and your financial institution. You will bear all fees that may be charged by the Payment Partner (if any) and/or your financial institution (if any) for the selected payment method.
- By providing information required for the Payment Services, you represent and warrant, that: (i) you are legally authorised to provide such information; (ii) you are legally authorised to perform payments from the account(s) that you submitted; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorise, a payment using any such account(s), you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
- You agree to authorise us and/or its related corporations to provide or give instructions on your behalf to the Payment Partner purposes of carrying out the Payment Services on your behalf including, but not limited to making, accepting and/or refunding any payments, in accordance with the Terms.
- All bank account holders, credit or debit cardholders are subject to validation checks and authorisation by the relevant financial institutions. We accept no responsibility if such financial institution refuses payment authorisation and we shall not be liable for any resulting delay or non-delivery.
- Promotional Voucher and E-Gift Cards
- You may use promotional vouchers and e-gift cards while making payment for Products on the Platform.
- The promotional voucher must be entered at the Checkout page online only. Physical presentation of vouchers to our personnel/delivery partner will not be accepted.
- In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with an e-gift card purchase/usage or the redemption/usage of a particular promotional voucher on the Platform, we are entitled to close your Account and/or require a different means of payment.
- We assume no liability for the loss, theft or illegibility of e-gift cards or promotional vouchers.
- In rare cases, we may at our sole discretion discontinue or cancel any promotional voucher previously issued and will not be responsible for any losses arising therefrom.
- General terms and conditions for the redemption of promotional vouchers
From time to time, we may distribute promotional vouchers that may be used only on the Platform, which we will either specify on our Platform or send to you by e-mail and shall be subject to the general terms and conditions provided below in addition to the terms and conditions specified in any part of the promotional voucher and/or the Platform:
- Promotional vouchers are valid for the specified period stated on the voucher, and unless otherwise stated, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items. We may exclude certain Products from voucher promotions in accordance with our sales strategies.
- If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
- The credit of a promotional voucher does not accrue interest, nor does it have a cash value.
- If the credit of a promotional voucher is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.
- For cash vouchers stipulated for a specified sum, if you choose to return the Product, you will not be refunded the value of the promotional voucher. However, if you paid partly with your own funds,
- General conditions for e-gift cards
You may purchase e-gift cards for use on the Platform for you or other customers and shall be subject to the general terms and conditions provided below in addition to the terms and conditions specified in any part of the e-gift cards and/or the Platform:
- The credit of a e-gift card does not accrue interest, nor does it have a cash value.
- If the credit of a e-gift card is insufficient for the Order you wish to make, you may make up the difference by using one of our accepted payment methods.
- Our shipping policy at Shipping Policy shall apply to the Terms here.
- We aim to deliver the Products within the indicative timescales shown on our Platform. References to "working day" shall mean any day of the week excluding Saturdays, Sundays and any public holidays applicable to the relevant territory that we or our designated courier service provider(s) (hereafter referred to as “Carriers”) operate in. However, as the delivery of the Products are fulfilled by our Carriers, we will not be held responsible or liable if the Products are delivered outside of the delivery dates specified on our Platform and we will not be liable for the consequences of any delay.
- If any Products in your Order are discovered to be out of stock, then we will inform you of the same by e-mail prior to the delivery of the Order.
- If your Order consists of more than one product, we do not guarantee that all Products in such Order will be delivered to you in one delivery and we reserve the right to deliver in multiple consignments.
- If the Products or quantity which you receive are not as you ordered due to our fault or error then you should inform us by telephone or e-mail using the contact details set out at Contact Us, as soon as possible after you receive the Products and become aware of the fault or error. We will conduct our internal investigation on the fault or error, and upon being satisfied that we are responsible for the fault or error, we will rectify the issue and satisfy the order accordingly. Provided that you provide us with sufficient evidence satisfactory to us (ie. receipt evidencing payment for delivery) of the costs incurred for returning the incorrect Products, with
- Kindly note that in respect of Clause 5:
- you are responsible for providing us with accurate details of your bank account to us and that we will not be liable for any incorrect transfer due to your fault or negligence;
- we reserve the right to reject your request for reimbursement of delivery costs incurred by you in the event that we are unsatisfied with your evidence of costs incurred for returning the incorrect Products; and
- any Products which you have received in error and you intend to return to us must remain unused and be kept in its original packaging. Otherwise, we reserve the right to reject the return of such Products and charge you accordingly for the Products.
- Products will be delivered to the address which you provide in the shopping process. However, delivery practices may vary depending on which Carrier is delivering the Products. You must provide a valid address for delivery. The delivery method which we use may vary depending on the nature and number of the Products. We shall select what we think is the most appropriate delivery method for the Products.
- We reserve the right to make alternative arrangements for delivery, which will depend upon the Carrier we use to deliver the Products. This may include leaving the Products with a neighbour or in a safe place in or around your property.
- If the Products are not delivered on the date expected you should notify us of such non-delivery within seven (7) days of such failure of delivery. We will take reasonable efforts to check with such Carrier on the status of delivery of the Products.
- As a result of various international carrier restrictions, certain Products we sell are not eligible for international delivery. This will either be detailed in the description of the Product on the Platform, at the Checkout stage when you add such items to your cart or, in limited circumstances, we may have to cancel your Order and issue you with a full refund via the original method of payment that you have selected.
- Returns and Exchange Policy
Our terms on refunds, return and exchange are as provided at Return Policy.
- LINKS TO THE SITE
- You may provide a link to our home page or any other pages on our Platform, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- This Platform must not be framed on any other platform, nor may you create a link to any part of this Platform other than the home page. We reserve the right to withdraw linking permission without notice.
- All third-party intellectual property and content, services, and/or locations featured on this Platform are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any third-party trademarks/names featured on this Platform are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
- We do notwarrant and/or guarantee the following:
- the Terms herein contained are intended to be construed as a warranty and/or a guarantee of uninterrupted, timely or error-free access to the Services and/or the Platform;
- that the Platform will be compatible with all hardware and software which you may use;
- to take any ownership of responsibility and/or liability for any viruses, unsolicited emails, ‘trojan horses’ or any computer programming routines that are intended and/or for the purpose of damaging, detrimentally interfering with, surreptitiously intercepting, or expropriate any system, data or personal information, which may directly or indirectly affect any computer equipment, software, data or other property as a result of your access and/or use of the Services and/or Platform;
- to take any ownership of responsibility and/or liability for the actions of third parties;
- to take any ownership of responsibility and/or liability arising from any reliance placed on materials made available about and/or on the Services and/or the Platform by any guest, registered user, professional or client, or by any other person who may be informed of the contents of said materials; and
- representations, warranties or guarantees are made regarding the reliability, timeliness, quality, suitability or availability of the Services, or that the Services will be uninterrupted or error-free.
- Limitation of Liability
- Services and Platforms:To the fullest extent permitted by law, we exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity, including but not limited to the fitness for purpose, existence, quality, safety or legality of the Products and we shall not be liable for any direct or indirect, incidental, general, special or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services and/or Platform, even if the possibility of such damages have already been advised. We shall not be liable for any damages, liability or losses arising out of:
- your use or reliance on or your inability to access or use the Services and/or Platform; and/or
- delay or failure in performance of the Services and/or Platform.
- Liability for Breach of Terms: Our total liability for any breach of any of the Terms, if any, to any party concerned, including but not limited to you, shall in no circumstances exceed, in aggregate, a sum equal to the greater of the value of the Product purchased by you.
- Liability for fault or negligence of the Carriers: In the event of non-delivery of or damage to the Product due to the fault or negligence of the Carrier, our total liability shall be limited, in aggregate, to a sum equal to: (a) the penalty to be paid by our Carrier to us or (b) the value of the Product purchased by you, whichever is lower.
- You agree to indemnify and hold us and our officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities and expenses (including legal costs and fees) arising out or in connection with:
- your use of the Services;
- your breach or violation of any of the Terms herein contained; or
- your violation of the rights of any third party.
- Intellectual Property
- Unless provided otherwise, we and/or our licensors (if applicable) are the sole owners of all IP Rights (whether jointly or severally) contained and/or related to and/or connected with the Platform and all content and material contained therein. All works, content and materials on the Platform are protected by international copyright laws and treaties. All such rights are hereby expressly and impliedly reserved.
- No content or material contained on the Platform is to be used for any commercial purpose and/or public circulation without our and/or our licensors’ (if applicable) express permission.
- Should there be infringement of any of the rights owned by us and/or our licensors (if applicable), all action shall be taken to the full extent permitted by law to seek redress and relief for such infringement, including but not limited to an immediate cease placed on your Accounts.
- Any disputes with regard to infringement of any of our IP Rights shall be settled by way of the dispute resolution mechanism as set out in the Terms herein below.
- In the event of any dispute related to the infringement of any of our IP Rights, any suspected, purported or alleged infringer, shall have his / her Account suspended or frozen henceforth, without any further notice to the infringer, until such a time that the dispute can be resolved by way of amicable resolution and/or through the dispute resolution process as set out in the Terms herein below.
- Governing Law and Jurisdiction
- The Terms and your use of the Platform and/or the Services (and all non-contractual relationships arising out of or connected to them) shall be governed and construed in accordance with the prevailing laws of Malaysia.
- Any disputes which may arise out of or which may be related to or in connection with the Services and/or the Platform and/or the Terms shall fall under the exclusive jurisdiction of the courts of Malaysia, for the settlement of such disputes.
We may give notice, by means of general notice, on the Services and/or the Platform and/or the Terms herein contained, via electronic mail to your email address as submitted by you during the shopping process when submitting an Order or if you have an Account, to the e-mail address contained in your Account.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments. To contact us, please contact us at the contact details set out at Contact Us.
- No failure or delay by you or us in exercising any right under these Terms 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 our or your rights under these Terms.
- Any waiver of any provision of the Terms will be effective only if in writing and signed by one of our directors.
If at any material time, during the subsistence of the Terms, there are changes to laws, regulations, by-laws or otherwise, which may render any of the Terms illegal, invalid or otherwise unenforceable in any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in force and effect and continue to be binding on all parties herein concerned.
These Terms were last updated on 28th March, 2022.