AYDEN MY

These Conditions of use govern your access and use of the Ayden.net.my website and the Ayden mobile applications (“Platform”) and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Conditions of use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “Ayden Terms and Conditions”) and you must consent to the processing of your personal data as described in the Ayden Privacy Policy set out on our website.

By accessing the Platform and/or using the Services, you agree to be bound by Ayden Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Ayden Terms and Conditions and the Ayden Privacy Policy, do not access and/or use this Platform and/or the Services.

Introduction

1.1 These Conditions of Use form an agreement between Ayden Business Solution (“Ayden” or “Company”) and/or its affiliates ("Ayden.net.my", “we”, “us”, or “our”) and you or the entity you represent (“you“).

1.2 We reserve the right, to change, modify, add, or remove portions of these Conditions of use and/or Ayden Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

1.3 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Conditions of use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

2. Use of the Platform and/or Services

2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Conditions of use, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Conditions of use shall result in the immediate revocation of the license granted herein without notice to you.

2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the respective Merchant and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.5 We reserve the right, but shall not be obliged to: (a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Conditions of use contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;

(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

3. User Submissions

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, 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. Trademarks and Copyrights

4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, 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 any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the materials.

5. Our limitation of responsibility and liability

5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Ayden of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

5.2 Without limiting the foregoing, Ayden does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

5.3 Ayden and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Platform or the Services;

(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

6. Hyperlinks

6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7. Applicable Law and Jurisdiction

7.1 These Conditions of use and/or other Ayden Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia and you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

8. Termination

8.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Conditions of use and/or other Ayden Terms and Conditions. Upon any termination of these Conditions of use and/or other Ayden Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Ayden shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Ayden, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

TERMS AND CONDITIONS OF SALE

1. Interpretation

1.1 In these Conditions of use: “Ayden” means Ayden Business Solution (Company No: 003046574-W), a company incorporated in Malaysia and having its registered address at 80-2, Block J, Platinum Walk, 2 Jalan Langkawi, Taman Danau Kota, 53300 Kuala Lumpur; “Ayden Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

"Conditions" mean these Terms and Conditions of Sale;

"Contract" means the contract formed when Merchant accepted the order placed by Customer on the Platform for the purchase of Goods sold by Merchant;

"Customer" means the person who purchases Goods on the Platform;

"Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“Merchant” means a seller which uses the Platform and/or Services to sell Goods to the Customers, and includes a Third Party Merchant. Ayden may also be a “Merchant” for selected Goods;

“Platform” means the ayden.net.my website and/or the Ayden mobile applications;

“Services” means the use of any services, information and functions made available by Ayden at the Platform;

“Third Party Merchant” means a seller which, with Ayden’s permission, uses the Platform and/or Services to sell Goods to the Customers, and excludes Ayden; and

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Any references to “Ayden” in these Conditions refer to both Ayden’s actions on its own behalf as Merchant and/or as the operator of the Platform and/or as the agent of Third Party Merchants as Merchants in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods between the Customer and the Merchant (collectively “Parties”). The identity of the Merchant for a particular Goods listed for sale on the Platform, be it Ayden or a Third Party Merchant, may be stated on the webpage listing such Goods.

2.2 Where the Customer has placed an order on the Platform for the purchase of Goods sold by Ayden and Ayden has accepted the same, this shall constitute a Contract entered into directly between the Customer and Ayden. On the other hand, where the Customer has placed an order on the Platform for the purchase of Goods sold by a Third Party Merchant and the said Third Party Merchant has accepted the same, this shall constitute a Contract entered into directly between the Customer and the Third Party Merchant. Where the Contract is entered into directly between the Customer and a Third Party Merchant, Ayden is not a party to the Contract or any other Contract between the Customer and Third Party Merchant and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Merchants through the chat system are not binding and for information purposes only. In entering into the Contract, the Customer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4 While the Merchant endeavours to provide an accurate description of the Goods, neither Ayden nor Merchant warrants that such description is accurate, current or free from error. In the event that the Goods the Customer receives is fundamentally different from the Goods as described on the Platform and which the Customer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Ayden in its website shall be subject to correction without any liability on the part of Ayden.

3. Orders and Specifications

3.1 The Customer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Merchant’s acceptance in their sole discretion and each order accepted by the Merchant shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Ayden shall be entitled (but not obliged) to process such orders without further consent from the Customer. Nevertheless, you may request to cancel or amend the order which Ayden shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and completion of the Contract between the Customer and Merchant will only be completed upon Ayden issuing a confirmation of dispatch of the Goods to the Customer. For the avoidance of doubt, Ayden shall be entitled to refuse or cancel any order without giving any reasons for the same to the Customer prior to issue of the confirmation of dispatch. Ayden shall furthermore be entitled to require the Customer to furnish Ayden with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Customer except with prior written consent from Ayden and on terms that the Customer shall indemnify Ayden in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Ayden as a result of the modification or cancellation, as the case may be.

4. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Customer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Customer shall be liable to pay to Ayden in addition to the price, but it excludes the delivery charges.

4.2 In the event that a Goods has been mispriced on the Platform, the Merchant reserves the right to terminate the Contract, in which Ayden shall, on behalf of Merchant (where Merchant is a Third Party Merchant), notify the Customer of such cancellation by giving three days’ notice. The Merchant shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Customer.

5. Terms of Payment

5.1 The Customer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Customer places an order on the Platform, actual payment shall be only charged upon Merchant’s acceptance of Customer’s order and the formation of a Contract. All payments shall be made to Ayden, either accepting payment in its own right or as Merchant’s agent (where Merchant is a Third Party Merchant). Customer acknowledges that Ayden is entitled to collect payments from Customer on behalf of Third Party Merchants.

5.2 The terms and conditions applicable to each type of payment, as prescribed by Ayden on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Credit Card Credit card payment option is available for all Customers. Ayden accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Customers are protected by industry leading encryption standards. Please take note that additional charges may be incurred if Customer is using a non-Malaysian issued card due to foreign exchange rates.

5.2.2 Debit Cards Ayden accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.3 Online Banking By choosing this payment method, the Customer shall transfer the amount of the total purchase price for the Goods purchased by Customer to an Ayden account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Ayden, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

5.3 Customer may not claim against Merchant or any of its agents (which may include Ayden), for any failure, disruption or error in connection with the Customer’s chosen payment method. Ayden reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Customer or giving any reason.

5.4 If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Merchant, Merchant shall be entitled to:

5.4.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or 5.4.2 charge the Customer compensation on the amount unpaid at the rate of one per cent (1.0%) per annum or any other rate as prescribed or published by the Shariah Advisory Council of Bank Negara Malaysia until payment in full is made.

5.5 For the time being, all purchases are non-refundable. Ayden reserve the right to introduce the mechanism of processing refunds at any time without notice.

5.6 All payments for the purchased Goods must be made to Ayden using the payment methods made available on the Platform only. Ayden shall not be held responsible for any losses which may arise from payments made directly to Third Party Merchants or through payment methods apart from the available payment methods on the Platform.

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Customer in its order.

6.2 Ayden has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Customer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Ayden shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Merchant has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Customer shall, by serving a written notice to Ayden, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days.

6.5 If the Customer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Merchant's fault) then without prejudice to any other right or remedy available to Ayden, Ayden may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Customer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

7. Replacement of damaged Goods

7.1 All Goods sold on the Platform is non-returnable. To ensure that Customer is satisfied with the product Customer received, Customer should inspect the contents as soon as the order arrives.

7.2 In case of damaged Goods, please contact Ayden or Merchant within 48 hours of receiving the delivery to expedite the replacement process. For avoidance of doubt, the countdown starts from the date the Customer received the purchased Goods.

7.3 Customer may only apply for replacement of the purchased Goods in the following circumstances:

7.3.1 the Goods delivered to Customer is defective and/or damaged on delivery;

7.3.2 the Goods delivered to Customer is materially different from the description provided by Merchant in the listing of the Goods;

7.3.3 the Goods delivered to Customer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order; and

7.3.4 such other circumstances which may be prescribed by Ayden on the Platform.

7.4 The application for replacement of purchased Goods may also be subject to additional terms and conditions prescribed by Ayden on the Platform.

7.5 Questions and complaints with regards to replacement

7.5.1 If you have any questions or complaints, (i) you may either contact the Merchant directly via the Platform or (ii) contact Ayden using the “Contact Us” page on the Platform, as applicable.

7.5.2 In the event that Customer is unable to resolve any dispute with Merchant directly through amicable negotiations, Ayden reserves the right to suggest and implement an appropriate resolution at its sole discretion.

8 Risk and property of the Goods

8.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when Ayden has tendered delivery of the Goods.

8.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until Ayden has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Merchant to the Customer for which payment is then due.

8.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as Ayden's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.

8.4 The Customer agrees with Ayden that the Customer shall immediately notify Ayden of any matter from time to time affecting Ayden’s title to the Goods and the Customer shall provide Ayden with any information relating to the Goods as Ayden may require from time to time.

8.5 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), Ayden shall be entitled at any time to demand the Customer to deliver up the Goods to Ayden and in the event of non-compliance Ayden reserves its right to take legal action against the Customer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.

8.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Ayden but if the Customer does so all moneys owing by the Customer to Ayden shall (without prejudice to any other right or remedy of Ayden) forthwith become due and payable.

8.7 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Customer shall take all steps necessary to give effect to the same.

8.8 The Customer shall indemnify Ayden against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of Ayden's rights under this condition.

9 Termination

9.1 Customer may terminate the Contract before Merchant dispatches the Goods, by written notice to Ayden through our Contact Us page. If the Goods have already been dispatched, Customer may not terminate the Contract.

9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Merchant, or Ayden acting on Merchant’s behalf, may stop any Goods in transit, suspend further deliveries to the Customer and/or terminate the Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:

9.2.1 the Goods under the Contract being unavailable for any reason; and/or

9.2.2 the Goods under the Contract has been mispriced on the Platform.

10 Warranties and Remedies

10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

10.2 Subject to this Clause 10 of these Conditions, Ayden warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Customer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Ayden further gives to the Customer such implied warranties as cannot be excluded by law.

10.3 Ayden’s above warranty concerning the Goods is given subject to the following conditions:

10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Ayden.

10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

10.3.3 Ayden binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Ayden's opinion in that behalf. Ayden is not liable for any such special or particular description which may have been provided by Third Party Merchants through the chat system. Ayden does not give any warranty as to the quality state condition or fitness of the Goods.

10.3.4 Ayden shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Ayden, addition and insertion of parts, in particular of spare parts which do not come from Ayden.

10.3.5 Ayden shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or 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 Ayden's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Ayden's approval.

10.3.6 Ayden 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 Ayden’s prior written approval and the Customer shall indemnify Ayden against each loss liability and cost arising out of such claims.

10.3.7 Ayden shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

10.3.8 Ayden shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Customer may apply to replace the defective and/or damaged Goods to Ayden or Merchant in exchange for a replacement in accordance with these Conditions.

10.5 When Ayden or Merchant has provided replacement Goods, the non-conforming Goods or parts thereof shall become property of Ayden or Merchant.

11 Liability

11.1 In no event shall Ayden be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Ayden had been advised by the Customer of the possibility of incurring the same.

11.2 The remedies set out in Clause 10 of these Conditions are the Customer’s sole and exclusive remedies for non-conformity of or defects in the Goods and Ayden’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions.

11.3 Notwithstanding any other provision of these Conditions, Merchant’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Merchant under such Contract.

11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

11.5 No action shall be brought against Ayden later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

12 General

12.1 Neither Ayden nor Merchant shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Ayden's or Merchant’s reasonable control.

12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Ayden, to its registered office or principal place of business and if to the Customer, to the address stipulated in the relevant order.

12.3 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

12.4 No waiver by Ayden of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Ayden’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

12.5 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

12.6 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.

12.7 The Contract shall be governed by the laws of Malaysia and the Customer agrees to submit to the exclusive jurisdiction of the Courts in Malaysia.

12.8 Customer must exhaust all legal avenues against Third Party Merchants should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Ayden. Any such actions brought against Ayden for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be referred to the courts which decision shall be final and binding upon the parties.

12.9 Ayden shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

12.10 Ayden may, through the Platform or by such other method of notification as Ayden may designate, vary the terms and conditions of these Conditions of use, such variation to take effect on the date Ayden specifies through the above means. If Customer uses the Platform after such date, Customer is deemed to have accepted such variation. If Customer does not accept the variation, Customer must stop access or using the Platform and terminate these Terms and Conditions of Sale.

12.11 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Merchant’s part shall be subject to correction without any liability on Merchant’s part.

12.13 These Conditions shall constitute the entire agreement between Customer and Merchant relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

12.14 Ayden reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Ayden deems appropriate.

VOUCHER TERMS & CONDITIONS

The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes ("Vouchers").

1. Vouchers are only valid on the Ayden website, mobile website or mobile applications (iOS & Android).

2. A valid code must be entered at the checkout page in order to redeem a Voucher.

3. Customers can only redeem up to one Voucher per day.

4. Customers can only use the Voucher for a one-time purchase only.

5. Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.

6. Ayden reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances:

(a) suspicious or fraudulent purchasing activity or Voucher use;

(b) Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or

(c) Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)

7. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.

8. Additional terms and conditions may be specified in relation to specific Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those Vouchers in addition to these terms.

9. Use of Vouchers by resellers is not tolerated, and Ayden reserves the right to cancel orders which are deemed to display reseller behavior.

10. Vouchers are not exchangeable for cash.

11. Ayden will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:

(a) discontinued or cancelled Vouchers;

(b) improper use of, or inability to redeem, a Voucher; or

12. Ayden reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.

Terms & Conditions

SELAMAT DATANG to AYDEN Web and Mobile Applications Services

General Conditions of Use ("Conditions of use")