We, Mesra Rehat Sdn.Bhd. [Company No: 202101042754 (1443054-W)] own and operate this website. The following terms and conditions outline the agreement between you and us for the supply of goods and services by providers through this website.
- DEFINITIONS AND INTERPRETATION
1.1. Definitions,
In this Agreement, the following words and expressions shall have the following meanings unless the context otherwise requires:
‘Administrative Fees’ means a portion of the Fees (as defined below) as agreed between us and the Providers (as defined below) paid to us for providing this website as a platform for the Supplies.
‘Complaint Period’ means within ten (10) days after the Providers provide the Supplies for the Order.
‘Extended Period’ means within thirty (30) days after the Providers originally should provide the Supplies for the Order.
‘Fees’ means the total monies paid by you (as defined below) for the Order.
‘Net Fees’ means the balance of Fees after deducting Administrative Fees.
‘Order’ means the order placed by you for the Supplies (as defined below).
‘Parties’ means the parties to this Agreement and ‘Party’ shall mean, as the context requires, either one of them.
‘Providers’ means the person or entity who supplies the goods or services to you (as defined below).
‘Supplies’ means the supplies of goods or services by the Providers.
‘We, us, or our’ means us.
‘You or your’ means the entity or the person to whom the Providers provide the Supplies.
1.2. Interpretation
In this Agreement, unless the context otherwise requires:
(a) recitals, headings, and underlinings are for convenience only and do not affect the interpretation of this Agreement;
(b) words importing the singular include the plural and vice versa;
(c) words importing a gender include any gender;
(d) an expression importing a natural person includes any corporation or other body corporate, partnership, association, public authority, two or more persons having a joint or common interest, or any other legal or commercial entity or undertaking;
(e) a reference to a party in a document includes that party’s successors and permitted assigns;
(f) any warranty, representation, undertaking, indemnity, covenant, or agreement on the part of two or more persons binds them jointly and severally;
(g) a reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended, or re-enacted and shall include all by-laws, instruments, orders, rules, and regulations made thereunder;
(h) all schedules, attachments, and annexures hereto (if any) form part of this Agreement but in the event of any conflict or discrepancy between any of the provisions of this Agreement, such conflict or discrepancy shall, for the interpretation and enforcement of this Agreement, be resolved by giving the provisions contained in the clauses of this Agreement priority and precedence over the provisions contained in the schedules, attachments, and annexures (if any) of and to this Agreement.
(i) the word ‘include’ or ‘including’ shall be deemed to be followed by ‘without limitation’ or ‘but not limited to’ whether or not it is followed by such phrases or words of like import;
(j) any reference to a date or time is a reference to that date or time in Malaysia;
(k) where the day on or by which anything is to be done is a Saturday, Sunday, or a public holiday in the place in which that thing is to be done, then that thing shall be done on the immediately preceding business day;
(l) the words ‘Ringgit Malaysia’ and the symbol ‘RM’ shall be construed as the lawful currency of Malaysia;
(m) any reference to ‘writing’ or cognate expressions includes a reference to electronic communication, telex, cable, or comparable means of communications;
(n) any agreement, notice, consent, approval, disclosure, or communication under this Agreement shall be in writing;
(o) words denoting an obligation on a party to do an act, matter, or thing includes an obligation to procure that it be done, or words placing a party under a restriction include an obligation not to permit an infringement of the restriction;
(p) references to a document shall include references to any sort of document whether paper or paperless and expressed or described on any substance either with alphabets, figures, symbols, and/or marks;
(q) references to clauses, schedules, paragraphs, annexures, or appendices are references to the clauses, schedules, paragraphs, annexures, or appendices in this Agreement; and
(r) the words ‘hereto’, ‘herein’, ‘hereinafter’, ‘hereinbefore’, ‘hereof, ‘hereunder’, and other words of similar import shall refer to this Agreement as a whole and not to any particular provision.
- COMMENCEMENT
We shall receive full payment for the Order from you before the Order can be accepted. Once the full payment has been received by us, we shall confirm that your Order has been accepted by notifying you via the contact details provided by you. Our acceptance of the Order brings into existence a legally binding contract between us and shall be treated as the date of commencement of this Agreement.
- PRICE AND CONDITION
3.1. The terms and conditions including but not limited to prices for the Supplies are as set out on our website.
3.2. Both Providers and you may agree to additional terms for the Supplies, in addition to the terms as set out on the website. If there is inconsistency in the additional terms and terms under this Agreement, the terms under this Agreement shall prevail.
- CANCELLATION
4.1. Subject to paragraph 5.3 below, you shall not cancel the Order. If you decide to cancel the Order, you shall notify us and the Fees shall be forfeited to us.
4.2. In the event of unforeseeable situations, we may cancel the Order anytime before the Supplies are provided and we shall inform you of the cancellation. The following are examples of events or situations which are not within our reasonable control:
(a) where weather conditions make it impossible or unsafe for the Providers to provide any of the Supplies; (b) where the Providers are unable to provide the Supplies for any reason; (c) for some other unforeseen or unavoidable event or situation which is beyond our control.
4.3. If we cancel the Order before the Supplies, we shall notify the Providers and you via the contact details provided by you and refund the Fees to your account as soon as possible but in any event within thirty (30) days of the cancellation, subject to you having supplied the necessary details for the refund. We shall not be obliged to offer you or the Providers any additional compensation for the cancellation.
- PERFORMANCE
5.1. The Supplies of goods by the Providers are as followed:
(a) the Providers shall deliver the goods ordered by you to the address as provided in the Order;
(b) delivery will be made as soon as possible after the Order is accepted and in any event, within thirty (30) days of the Order;
(c) you shall become the owner of the goods when they have been delivered to you. Once the goods have been delivered to you, they shall be held at your own risk and we and the Providers shall not be liable for their loss or destruction.
5.2. The Supplies of services by the Providers are as followed:
(a) The Providers shall provide the Services:
(i) using reasonable care and skill;
(ii) in compliance with commonly accepted practices and standards;
(iii) in compliance with relevant laws and regulations in force at the time the Supplies are provided.
(b) The Providers shall provide the Supplies to you on a date and time as stated in the Order.
5.3. If the Providers are unable to provide the Supplies for any reason, the Providers shall provide the Supplies within the Extended Period. If the Providers are unable to provide the Supplies within the Extended Period, you shall have the option to:
(a) continue to wait until the Providers can provide the Supplies; or
(b) cancel the Order. If you choose this option, you shall inform us in writing. We shall refund the Fees to your account as soon as possible but in any event within thirty (30) days of your cancellation, subject to you having supplied the necessary details for the refund. We and the Providers shall not be obliged to offer you any additional compensation for the cancellation.
- DISPUTE RESOLUTION
6.1. If you are dissatisfied with the provision of Supplies, you shall notify us within the Complaint Period. If you fail to notify us within the Complaint Period, we shall have the discretion not to entertain your complaint and treat the Supplies as have been provided and the Order has been completed satisfactorily.
6.2. After you have lodged your dissatisfaction with us regarding the Supplies within the Complaint Period, we shall investigate your complaint within thirty (30) days. and by end of that period, we shall have the discretion to:
(a) mediate between you and the Providers to reach an amicable settlement or (b) decide in the favour of: (i) Providers- whereby the Net Fees shall be paid to the Providers or (ii) You- whereby you shall be entitled to refund of the Net Fees minus reasonable expenses incurred by the Providers.
6.3. If you are dissatisfied with the decision under paragraph 6.2 above, you may lodge further complaints with the Providers or any other relevant authority.
- EXCLUSION OF LIABILITY
7.1. We shall not be liable for: (a) any inaccuracy in terms and conditions for the Supplies as set out on the website; (b) delay and/or non-performance of the Supplies; (c) unsatisfactory performance of the Supplies; (d) the wrongful act, default, or negligence of the Providers, its agents, employees, or representatives.
7.2. We shall not be liable to you for any direct, indirect, consequential injuries, loss, damage, or expenses (including but not limited to personal injuries, illness, food poisoning, loss of profits, business, or goodwill) howsoever arising out of any issue under this Agreement and we shall have no liability to pay any money to you by way of compensation other than to refund to you the Fees in accordance to this Agreement.
- PRIVACY
You acknowledge and agree to be bound by the terms of our privacy policy which can be found on our website.
- GENERAL
9.1. Notices All notices from you to us must be in writing and sent to our address at B03-B-13-1, Level 13, Menara 3A, KL Eco City, No.3, Jalan Bangsar, 59200 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur and all notices from us to you shall be sent to your contact details provided by you.
9.2. Governing law and jurisdiction (a) The validity, construction, and performance of this Agreement and all other rights and liabilities arising in connection with this Agreement shall be governed by the law of Malaysia. (b) Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Malaysian courts to which Parties submit.
9.3. Severability If any provision of this Agreement is prohibited by law, or is determined by any court of law or other binding adjudicatory authority or conceded by the Parties to be unlawful, void, or unenforceable, the provision shall, to the extent required and as far as possible: (a) be severed from this Agreement and rendered ineffective without modifying the remaining provisions of this Agreement; and (b) shall not in any way affect any other particular provision of this Agreement or the validity or enforcement of this Agreement generally.
9.4. Waivers (a) Waiver of any breach of this Agreement or any right, power, authority, discretion, or remedy arising upon a breach of or default under this Agreement, must be in writing and signed by or on behalf of the Party granting the waiver. (b) A right, power, authority, discretion, or remedy created or arising upon a breach of or default under this Agreement shall not be waived by any failure or delay in the exercise, or a partial exercise, of that or any other right, power, authority, discretion or remedy.
9.5. Variation (a) We shall have the right to amend the terms and conditions of this Agreement where we need to do so to comply with changes in the law or for regulatory reasons. (b) The provisions and terms of this Agreement may at any time be varied by mutual consent of the Parties through a mutual exchange of letters or such other means as the Parties may agree upon from time to time.
9.6. Time Time whenever mentioned in this Agreement shall be of the essence.
9.7. Cumulative Remedies The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided under the law.
