Terms & Conditions
Terms and Conditions of Explosoft Online Store
1.1 Welcome to Explosoft International Sdn Bhd Online Store. The following terms & conditions are applied to all visitors, buyers or end users of this website. By accessing Explosoft website, you agree to be bound by these Site Rules. We strongly advise that you read these Site Rules carefully before placing any order.
1. [ Consumer or End User ] hereinafter is referred as “Buyer”;
2. [ Explosoft International Sdn Bhd ] is a product and service provider hereinafter is referred as “Explosoft”, or “Seller” ;
3. [ Product Price ] hereinafter is referred as “Selling Price” which has included 6% GST.
2.0 Product Description and Prices
We will take all reasonable care to ensure that descriptions, details and prices of the products appearing on the Site are accurate at the time they are entered onto the system. However, there may be inaccuracies, typos, or errors that may be related to product photos, descriptions, prices, and availability. We do not guarantee the completeness and accuracy of any information on our website. All features, specifications, prices and availability of our products and services are subject to change at any time without prior notice.
Product prices are in Malaysian Ringgit and are stated exclusive of delivery charges which will be indicated separately on our Site Module before order completion. The customs tax and other relevant charges may be incurred in customs shall be borne by the buyer or end user.
Any supplementary costs arising from the need to meet the expedited delivery shall not be borne by EI. The costs of installation fee and other external courier services are excluded from the product price offered.
3.0 Buyer / End User Submission
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive intellectual property and shall not be returned to you. In addition to the rights applicable to any Submission, 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 Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
4.0 Color & Size
We have made every effort to display, as accurately as possible, the colors of our products that appear on this website. However, the actual color you will see depends on many factors, including your computer, and we cannot guarantee that it will be exactly the same as the colors of our products. Size guide given is for reference only, the measurements of the actual products may be subject to change from time to time without prior notice.
5.0 Order & Purchase
All sales are final after your order is processed. Cancellation, changes of design, quantity, color and/or size will not be allowed. Please review your order carefully before you submit your order or payment to us.
Please note that there are cases when an order cannot be processed for various reasons. The Seller reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verification or information, including phone number and email address, before we accept your order.
We reserve the right to limit the maximum product quantity and/or the maximum amount per order as the inventory of the product ordered is insufficient.
We accept Internet Banking of all major banks (iPay88), Credit Card and Online Transfer. For payment made using Internet Banking (iPay88) or Credit Cards, payment notification will be automatically sent to us. You may e-mail us at firstname.lastname@example.org or fax us at 603 - 6730 8402 to notify your payment.
6.1 All your credit card information is protected by means of industry- leading encryption standards.The terms and conditions are applicable to each type of payment, as contained in Explosoft's website, shall be applicable to the Contract also or upon those exclusive business terms and conditions will be based on mutual agreement.
- By choosing this payment method, the Buyer shall transfer the payment for the products to Explosoft‘s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs).
7.0 Installation Service
Some ranges of the products are designed for customer to self-install. The Buyer can be responsible for initial installation by referring to the installation manual provided, or contact our customer support team as needed to assist in commissioning or to arrange a job schedule for onsite installation service with a fair and minimum service fee charge.
The Buyer shall be at all times to keep and maintain proper records of the receipts of payments made together with the number and location of all copies of the ExpIosoft’s products and its accompanying materials and make such records available for Seller, ExpIosoft to review, inspect, audit and check for the purposes of verifying whether the terms here under has been complied with and the Buyer hereby unreservedly agrees and hereby grants to Explosoft the right to enter its premises, inspect and check its records or products for the said purposes if necessary.
9.0 Risk and property of the products
9.1 The products will be delivered to the place of delivery specified in the Seller’s delivery and shipping confirmation. Risk of loss, damage and theft of the products transfers to the Buyer upon delivery obligation (the risk of loss shifts to the buyer upon buyer's "receipt" of the products. If the buyer never takes possession, then the seller and the delivery party still has the risk of loss.)
9.2 Products shall remain the property of the Seller until complete and final payment of the purchase price including any transportation charges, taxes and late payment interests.
9.3 The Buyer will ensure that the products subject to retention of title remain at all times recognizable as the property of the Seller, Explosoft. In case the Buyer resells or pledges the products that are subject to retention of title, it will notify the third party that the products are subject to retention of title from Explosoft.
9.4 In the case of resold Exlosoft’s product where it come with a software program acquired through downloading or forwarding of a key to activate the software program without Explosoft’s consent, Explosoft reserves it’s right to take legal action against the Buyer for the delivery up the products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
Explosoft only warrants for the product is merely defective under normal circumstances, the statutory provisions shall be applied as mentioned below :-
- Explosoft warrants that its products will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein to the terms and conditions mentioned here for a period of 12 months commencing from the date of the receipt of product delivery.
- Explosoft binds itself only to deliver products in accordance with the general description under which they were sold, warranties provided only for the internal part of the hardware performs its normal operation without spoiled by any man-made factor. The internal part of the hardware is including its electroplax, motor and sensor.
11.1 The Explosoft shall not warrant for the parts of :-
a) the fitness of the products;
b) the life or wear of the products;
c) the battery of the hardware;
d) the hardware is damaged by outside force or any man-made factor;
e) the hardware is loss due to the stealing case happens after the installation has been done;
f) any external part of the hardware has been crashed or dented;
g) the internal part of the hardware is spoiled due to outside force or man-made factors.
11.2 Problems that result, directly or indirectly, from :-
a) External causes such as accident, abuse or misuse;
b) Servicing not authorized by the Seller;
c) Usage that is not in accordance with product instructions;
d) Failure to follow the product instructions or failure to perform preventive maintenance;
e) Using internal parts or components not supplied by the Seller.
11.3 Explosoft products are provided without any express or implied warranty of any kind, including the merchantability, infringement, tort, fitness of a particular purpose, the accuracy or completeness of any information, text, graphics, links or other items contained within the software product, the transmission of a computer virus, worm, time bomb, logic bomb, or other representation to authorized users or to any third party.
12.0 Disclaims of Liabilities
12.1 Any description given of the products is given by way of identification only and the use of such description shall not constitute a sale by description.
12.2 Explosoft shall be under no liability for the following measures and actions taken by the buyer or end user or third parties and the consequences thereof: improper remedy of de-fects, alteration of the Explosoft’s products without the prior agreement of Explosoft, addition and insertion of parts, in particular of spare parts which do not come from Explosoft.
12.3 Explosoft shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the buyer or end user or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Explosoft's instructions (whether oral or in writing) misuse or alteration or repair of the products without Explosoft's approval.
12.4 Explosoft is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Explosoft’s prior written approval and the buyer shall indemnify Explosoft against each loss liability and cost arising out of such claims.
12.5 Explosoft shall be under no liability under the aforementioned warranty if the total price for the products has not been paid in cleared funds by the due date for payment.
12.6 Explosoft shall have no any liability whatsoever in respect of any defect in the products arising after the expiry of the Warranty Period.
12.7 Any claim by the Buyer which is based on any defect in the quality or condition of the products or their failure to correspond with the warranty specification shall be notified to Explosoft within seven (7) working days from the date of receipt of the products. Explosoft is not liable for those notifications have surpassed seven (7) working days or failed to meet to any specification contained herein.
12.8 The non-conforming products (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the products have not been repaired or replaced within a reasonable time, despite a written warning or notification from the Buyer, the Buyer shall not be entitled to a reduction of the price in proportion to the reduced value of the products. Explosoft may reserve its right and discretion for the repair or replacement. The Buyer shall have no further claim against Explosoft once the repair or replacement has been made.
12.9 To the fullest extent permitted by applicable law, Explosoft shall not be liable for any indirect, special, consequential, multiple, punitive or other indirect damages including damages for loss of income, loss of savings, loss of clientele, loss of opportunity, loss of corruption of or damage to data, lost profits, costs of recovery or any other damages, even where those damages considered as direct damages.
12.10 Nothing to be liable by Explosoft for any damage caused by Buyer’s misconduct or gross negligence, or fraud, death or personal injury, or caused by our negligence, or for any other liability which may not be excluded or limited under applicable law.
12.11 Subject to the Buyer’s obligation to pay the Price to the Seller, Explosoft, the Seller’s liability in any complaints or otherwise (including negligence) arising directly or indirectly out of or in connection with the performance or observance of its obligations under every applicable part of it shall be limited or not be influenced in aggregate to the Selling Price.
12.12 Explosoft has no obligation to be liable for any cost arising from the Buyer’s and any third party’s own negligence in using the hardware including the damages of their individual or company’s belongings such as vehicle and the hardware components of its own vehicle.
13.0 Intellectual Property
13.1 All titles and intellectual property rights in and to the contents and features which may be accessed through use of any Explosoft developed system are the intellectual property of Explosoft International Sdn Bhd including the entire developed system, product and its designs, underlying codes and any variation thereof in and to the Platform and the Materials are owned, licensed to or controlled by us. We reserve the right to enforce its Intellectual Property to the fullest extent of the law if there is any infringement on the rights of copyright or attribution.
13.2 No part or parts of the Explosoft’s products, platform, or any materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, misused, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission.
14.1 All titles of the products and Explosoft’s developed systems, including Copyright or attribution in and to Explosoft International Sdn Bhd and any copies thereof are owned by Explosoft. The intellectual property rights in and to the contents and features which may be accessed through use of any Explosoft developed system is belonging to the intellectual property of Explosoft being protected by applicable Copyright or other intellectual property laws and treaties.
14.2 The designs, contents and the features of Exposoft products are under legal Copyright protection (refer to clause 13, section 13.2). The Buyer shall be authorized and licensed by Explosoft. All rights are not expressly granted are reserved by Explosoft.
For those products in which require Minimum Subscription Period of a year, the Buyer is bound to pay for the minimum subscription fee for the activation line being used The renewal shall be done ideally before a month of the Subscription Period is expired. We will notify you to renew by email or other communication networks which are available between EI and the buyer. If we still do not receive your renewal fee till the expiration date, the regarded line or system will be ceased or blocked to your access after the expired date and for restoring the activation of the regarded line or system will incur an extra minimum cost.
16.0 Force Majeure
The Seller, Explosoft shall not be responsible for non-performance in whole or in part of its obligations under any liability to the Buyer in respect thereof if such non-performance is due to an act of God, war, insurrection civil commotion, government regulations, legal prohibitions, embargoes, lock-out, riots or strikes, labour disputes, illness, flood, fire, tempest or any other natural catastrophes insurrection, inevitable accidents or cause beyond the reasonable control by the Company.
If any dispute should arise between the Seller and the Buyer, both parties shall first attempt to agree upon the reference thereof to arbitration and finally settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one arbitrator designated in conformity with the rules and no legal proceedings shall be instituted in respect of such dispute but either party before the expiration of one (1) month after the date on which the claim giving rise to the dispute subject only to arbitration, if acceptable to both parties as aforesaid.
18.0 Governing Law
The terms and conditions contained herein shall be governed by and construed in all respects in accordance with the laws of Malaysia and the Parties hereby submit to the jurisdiction of the Courts of Malaysia.