GH Hardware Sdn Bhd, its subsidiaries, and affiliates (collectively called “GH Hardware”) operate this website www.ghhardware.com.my (“Website”) which links to the terms and conditions stated herein and/or as may be amended/revised by GH Hardware from time to time without further notice (“Terms and Conditions”). By accessing and using this Website, the products and services available through this Website (collectively called “Services”), you confirm your unconditional agreement, acceptance and understanding of the Terms and Conditions. If you do not agree/accept any of the Terms and Conditions, you shall not use this Website. Any change of the Terms and Conditions will be deemed effective upon posted on this Website. You are advised to check the Terms and Conditions regularly for changes and updates. Your continued use of the Website following the posting of the changes and updates to the Terms and Conditions constitute your acceptance of those changes and updates.
TERMS OF SALE
You shall register and create an account with GH Hardware on the Website in order to place any order of the products (“Products”) made available for sale by GH Hardware. You shall provide us with the correct, true and current information.
- Formation of Contract
GH Hardware will process your order to purchase the Products (“Order To Purchase”) upon receipt of the same but this does not in any way constitute any acceptance of Order To Purchase. GH Hardware will accept your Order To Purchase only if: (i) you have accepted the Terms and Conditions contained herein; (ii) you have provided a valid method of payment and delivery address; and (iii) the product ordered by you is available for sale. GH Hardware reserves the rights at its sole discretion to decline or limit your Order To Purchase. No contract for purchase of the Products was formed until and unless GH Hardware accepts your Order To Purchase by (i) making the product ordered by you available to you; (ii) providing the Services to you; (iii) sending you a delivery confirmation email; and (iv) delivering to you the product ordered by you.
- Price and Specifications
The Products and its features, contents, specifications and prices described on the Website are subject to changes at any time without any notice. The Products shown in the Website may contain descriptions that are provided directly by the publisher, manufacturer and/or distributors of the Products. GH Hardware does not represent/warrant that the descriptions of any of the Products shown in the Website are accurate, complete or current. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any of the Products in the Website does not imply or warrant that the said product will be available at any time. By placing any order to purchase the Products, you represent that the Products will only be used in a lawful manner in accordance to the applicable local, state, federal and international laws in regard to the possession, use and sale of any of the Products.
You agree to pay the prices(s) listed or quoted and all applicable stamp duty, tax(es) or any other charges. The total amount specified in the order confirmation email issued by GH Hardware is the amount payable. GH Hardware accepts payment by valid credit card, debit card and/or internet banking and it may require pre-authorisation to ensure that there are sufficient funds available to complete the transaction. Order will only be confirmed only upon pre-authorisation check has been completed. Your card (if you make payment via credit card/debit card) and/or bank account (if you make payment via internet banking) will be debited only after GH Hardware sent you the order confirmation email. A transaction result page is available after the payment and GH Hardware recommend that you print out the said transaction result page for your record.
You may pick up the Products purchased from GH Hardware via the Website at its physical store at the designated business address as stated herein or request to deliver the Products to you by courier services at your own costs and expenses where the amount of courier charges will be indicated in the order confirmation email. Risk of loss for the Products shall pass from GH Hardware to you upon the pickup of the Product by you or delivery of the Products to the location that specified by you in the Order To Purchase. The time of delivery will be indicated by GH Hardware in the order confirmation email. The time for delivery of the Products shall not be of the essence. To the extent permitted by applicable law, GH Hardware shall not be held liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Estimated delivery schedule : at least 3 working days or more. Kindly contact us to check further for the delivery location and duration.
- Return Policy
All Products sold by GH Hardware cannot be refundable, returnable or exchangeable. In the event wrong product is received, product has obvious damage or product is found to have sustained physical damage, kindly contact GH Hardware within three (3) working days from the date of your receipt of the Products for replacement. You shall be responsible for all costs and expenses (including round–trip courier/delivery charges) to be incurred in connection with any return of the Products to GH Hardware.
- Products’ Warranty
In the event any of the Products sold by GH Hardware is under manufacturer’s warranty, you shall refer to the information of warranty as stated in its respective manufacturer’s warranty or contact the manufacturer directly for clarification purposes, as the terms and duration of warranty differ from each other.
You are strictly prohibited from doing or caused to be done any of the following:-
- post, transmit and/or upload any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, virus/Trojan/worm/logic bomb and/or any material that may cause harm to the GH Hardware and/or interest of users of Services of this Website;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access the Services for any purpose,;
- modify the information or materials displayed on the Website in any way or reproduce or publicly display, manipulate, perform, distribute or otherwise use any of such materials in any format for any purpose;
- infringe the copyright, trademark, patent and/or other intellectual property rights (collectively called “Intellectual Property Rights”) that belong or are licensed to GH Hardware;
- circumvent any technical measures that GH Hardware use to provide the Services;
- breach/violate any of the Terms and Conditions contained herein; and/or
- breach/violate any applicable Acts, regulations, enactments, by-laws, notices, directions, orders of Malaysian government and/or authority;
In the event GH Hardware reasonably determines you have violated or are likely to violate any of the aforesaid provisions, GH Hardware may take any action they reasonably deem necessary to cure/prevent the violation, including without limitation, the immediate removal from the Website of the related material(s) and/or reporting to the relevant enforcement authorities.
All content and/or information included in or made available through the Website, whether registered or unregistered, including but not limited to text, names, scripts, graphics, photographs, software, logos, videos, designs, arrangements, and/or all data/software compilations shall remain the property of GH Hardware and are protected by Intellectual Property Rights of Malaysia and shall not be used except as permitted in the Terms and Conditions. No title, right or ownership of any of the Intellectual Property Rights is transferred to you pursuant to the Terms and Conditions. You shall use your best endeavour to preserve and protect the interest of GH Hardware in all such Intellectual Property Rights and immediately notify GH Hardware of any infringement, misappropriation or violation of any Intellectual Property Rights that comes to your attention.
DISCLAIMER OF LIABILITY
You expressly agree that your use of the Services is at your own sole risk and the Services is provided to you on an “as is” and “as available” basis. Neither GH Hardware nor its dealers/suppliers make any representation or warranty of any kind, either express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. To the fullest extent permissible by applicable law, GH Hardware and its dealers/suppliers hereby disclaim all warranties and conditions of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. GH Hardware does not warrant that this Website, its servers, or email sent from GH Hardware or its dealers/suppliers free of viruses or other harmful components. GH Hardware shall not be liable and you agree not to hold GH Hardware responsible for any damages and losses of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive and consequential damages, loss of money, goodwill or reputation.
DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS AND THIRD PARTY COPYRIGHT
GH Hardware does not in any way affiliate, link or associate with all persons, third party trademarks, content and/or services displayed on the Website. Any trademarks or names displayed on the Website are owned by respective trademark holders.
You shall indemnify GH Hardware harmless from and against any and all claims, cost suits, liabilities, damages, losses, demands and expenses of every kind arising out of any negligent act, omission, wilful misconduct of and/or breach of the Terms and Conditions by you.
GOODS AND SERVICES TAX
In the event the goods and services tax (“GST”) is applicable to any taxable supply of the goods and/or services provided by GH Hardware, you shall be responsible to pay the relevant GST on payment of the taxable supply of goods and/or services provided by GH Hardware in accordance to Goods and Services Tax Act, 2014 (“GST Act”). GH Hardware shall issue tax invoice to you either in hardcopy or by electronic means and you shall retain copy(ies) of such tax invoice. In the event the rate of GST shall be revised and the revised rate is applicable to any unpaid balance of price, the amount of the GST imbedded in the price shall be adjusted accordingly to the GST Act and the adjusted amount shall be paid or deducted, as the case may be, according to the GST Act.
If any of Terms and Conditions or any part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
No delay in exercising or non-exercise by any party of any of its rights, powers or remedies under or in connection with the Terms and Conditions shall operate as a waiver of that right, power or remedy. Any such waiver must be specifically granted in writing. The waiver or release shall only operate as the waiver or release of a particular breach specified and not of further breaches of the same or any other type, unless expressly stated otherwise.
- constitutes the entire agreement and understanding between the parties with respect to the matters dealt with in the Terms and Conditions; and
- supersedes all preceding agreement, letters, correspondence (oral or written or expressed or implied) between you and GH Hardware.
PERSONAL DATA PROTECTION NOTICE
As required under the Personal Data Protection Act, 2010, the purpose of this Personal Data Protection Notice (“PDP Notice”) is to inform you and explain to you how GH Hardware collect and process your personal data. By accessing and using the Services provided by GH Hardware, you are deemed to have consented to GH Hardware to use, collect and process your personal data in the manner contemplated herein. This Notice may be amended or updated from time to time. By continuing to access and use the Services provided by GH Hardware, it would confirm and indicate your acceptance to the amendments or updates to this Notice.
- What Personal Data Does GH Hardware Collect?
Personal data generally means any information that identifies you. Your personal data is collected and processed by GH Hardware at the start of your use of Services and in the course of using of Services.
The type of personal data collected and processed by GH Hardware includes:
(a) name, date of birth, nationality, gender, NRIC / passport number, residency status, correspondent address, contact details including mobile, office and residential telephone number and facsimile number, e-mail address, banking details, financial / creditworthiness information;
(b) employment category (private sector, government sector, self-employed, non-working or others), name of employer and office address, details of relationship with the company (e.g. promoter, director, shareholder);
(c) any additional information provided by you or third parties about you.
- Source of Personal Data
Personal data collected will mainly be from you. However, some personal data may also be collected by GH Hardware from other available sources including but not limited to credit reporting agencies, government department or agencies, public registries, websites, social media, publications, events, seminars, conferences.
- How Does GH Hardware Use Your Personal Data
Your personal data is collected and processed by GH Hardware for the business activities including the following purposes:
(a) to verify your identity;
(b) to communicate with you including responding to your enquiries;
(c) all purposes related to or in connection with the use of the Services provided by GH Hardware;
(e) to comply with legal and/or regulatory requirements (if any);
(f) for day to day operations and administrative purposes including file management, billing and collection, audits, reporting, investigations etc.
(h) to send you materials or publications including newsletter, articles or updates or information about events, conferences, seminars, talks which may be of interest to you;
(i) to promote, offer or market the Services to you;
(l) to assist in the prevention, detection or investigation of crime or possible criminal activities or for the administration of justice;
(m) for security and internal audit purposes;
(n) for such other purposes as may be directed or consented to by you; and
(o) for all other purposes in relation to or incidental to the above.
- Disclosure of Your Personal Data
Under certain circumstances, GH Hardware may be required to disclose your personal data to third parties. Third parties to whom your personal data may be disclosed by GH Hardware are as follows:
(a) any persons directed by or consented to by you;
(c) any person for the purposes of compliance with legal and regulatory requirements;
(d) GH Hardware’s data processors i.e. third party who GH Hardware engage to process personal data on our behalf including but not limited to archival storage, data entry service providers, computer backup services, disaster recovery services, banks and financial institutions etc.; and
(e) GH Hardware’s professional advisors including but not limited to legal advisors, tax advisors, financial advisors, auditors, insurance brokers etc.
Further, GH Hardware may also be required to transfer your personal data outside of Malaysia for the purposes and to such third parties stated in this Notice. The transfer of your personal data outside Malaysia would also be required if you are travelling, residing or based outside Malaysia.
- Obligation to Provide Personal Data
GH Hardware acknowledge that you have the right in deciding the information you wish to provide. The provision of the information listed above is voluntary in nature. However, please note that if you do not provide the information above or limit the way such information is to be processed, it may result in us not being able to:
(a) communicate or correspond with you; and/or
(b) provide any of the Services to you.
- Data Access and Data Correction
If you wish to request:
(a) for access to your personal information;
(b) for your personal data to be corrected or updated; or
(c) to withdraw your consent or limit the use of your personal data;
please submit your written request to GH Hardware. An administrative charge may be imposed for any request under paragraph (a) and (b) above. Further, GH Hardware reserves the right to refuse your requests for any reasons permitted under law.
The accuracy and completeness of your personal data depends on the information you provide. GH Hardware assume that the information you have provided is accurate, up to date and complete unless you inform GH Hardware otherwise.
Where you provide any third party information to GH Hardware including but not limited to employer, colleagues, family information, it is our assumption that such information is accurate, up to date and complete and that you have obtained the necessary consent to disclose the same.