Terms and Conditions
The following terminology applies to these Terms and Conditions. Privacy Statement and Disclaimer Notice and/any/or all Agreements: “Client”, “You”, and “Your” refers to you, the person accessing this website www.goodhouse.my (GOOD HOUSE) (the “Site”) and accepting the Company’s (StarGate Enterprise and/or GOOD HOUSE) Terms and Conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to, both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration payment of necessary to undertake the process of our assistance to the Client in the most appropriate manner, through secured (online fraud mechanism and PCI security standard compliance) Payment Gateway (an online payment services that facilitates online merchants or e-commerce merchants’ online store in Malaysia to process online transactions in Malaysia Ringgit (MYR/RM) in large extend.
Formal meetings and/or visitation to Client’s property and/or Client (in person) on a fixed duration, for the express purpose meeting and/or visitation to the Client’s needs will undertake the process of our assistance and acceptance to the Client in the most appropriate manner, through signing extended legal disclosure and/or legal contract which will be prepared separately by the Company; in respect of provisions of the Company’s stated products and/or services in accordance with and subject to, prevailing Malaysia Law.
OTHER TERMINOLOGY OF Terms and Conditions
a) References to “Clause” refer to the clauses and/or points statement in these Terms and Conditions.
b) Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions.
c) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
d) References to “includes” or “Including” or like words or expression shall mean without limitation.
e) All product pages are clearly shown with “star” icon(s) beneath the Products’ selling prices to indicate the quality of each Product. It is the discretion of shoppers to check on the quality of each product and pricing before purchasing.
f) “Order” refers to the Order submitted by You/Client to the Site to purchase a Product from us.
g) “Order Confirmation” refers to the e-mail we will send to You/Client, to acknowledge Your Order has been received and under processed.
h) “Account” refers to the GOOD HOUSE Account you are required to register on the Site before you begin any purchase transactions.
i) “Business Day” refers to any day on which banks in Malaysia open for business.
j) “Contract” refers to Your Order and our acceptance in accordance to the precedent Terms and Conditions herein.
k) “Check Out” refers to Products purchased and the payment made by Client and accepted by GOOD HOUSE.
Welcome to Practical Living, GOOD HOUSE! We would like to express our utmost gratitude to have you visiting our website (the “Site”). In accordance with which we supply Products (each a “Products”) listed on our website www.goodhouse.my (the “Site”) to you forms the Terms and Conditions (the “Terms and Conditions”). It is crucial for you to read these Terms and Conditions before you order any Products from the Site. In using GOOD HOUSE (the “Site”) you are deemed to have read and agreed to the following Terms and Conditions. If you do not agree to these Terms and Conditions, you shall not use this website at all. The Site reserves the right to change, modify, add or remove the Terms and Conditions of use at any time. Changes will be enforced and/or effective when posted on the Site with no any/other notice provided. Your continuous use of the Site following the posting of changes, modification, adding or removing these Terms and Conditions of use constitutes your acceptance of any/all mentioned. Please visit our page regularly to make note of any changes we have made to our Terms and Conditions.
www.goodhouse.my is owned and managed by StarGate Enterprise (Co. No. 002408706-M), a company registered in Malaysia. Our nature of business is an online retail business for home and space organizing products and related services.
Our business is located at Home Office, Villa Orkid Condominium, Jalan Prima Pelangi 7, Bukit Prima Pelangi, 51200 Kuala Lumpur.
We DO NOT have any affiliation with any other companies neither in local nor out of Malaysia. Products that are being sold in affiliation of appointed brands will be announced accordingly on GOOD HOUSE (the “Site”) and/or on the Products’ page.
The Terms and Conditions contained herein are copyrighted property of GOOD HOUSE. No any other parties are permitted to use these Terms and Conditions for their own purposes in any way and/or for the use of commercial purposes, offering goods and/or services. Legal action will be enforced accordingly if found to have such infringements.
1. CUSTOMER QUALIFICATION
1.1 You must be age of eighteen (18) years old to be qualified to place order with GOOD HOUSE. Person(s) under age of eighteen (18) years old is prohibited to place order with GOOD HOUSE solely without parents’ and/or guardian.
1.2 Person(s) under the age of eighteen (18) years old may place order through parents’ and/or guardian’s Account registered with GOOD HOUSE under the supervision of His/Her parents’ and/or guardian.
1.3 Neither GOOD HOUSE nor StarGate Enterprise will be responsible for any unsupervised purchase(s) by any person(s) below age of eighteen (18).
2.1 Information technology Criminal offence and/or Information Technology criminal activity is strictly prohibited.
2.2 Constitution of offence under Section 233 of the communication and Multimedia act 1998 will be reported to relevant law enforcement authorities and legal action will be taken accordingly.
Breach of provision:
a) Posting and/or upload and/or programming and/or transmit and/or distribute offensive and/or obscene materials, malicious and technologically harmful material Information Technology viruses into the Site by Users.
b) Logic Bomb, Logic Worm, Information Technology viruses and/or Trojan horse.
c) Sedition tendency under Section 3 of Sedition Act 1948.
d) Hack into any aspect of the Service with corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; and/or attempt to affect the performance and/or functionality of any computer facilities of and/or accessed throughout the Site.
3. TERMS OF AGREEMENT
3.1 By placing order with GOOD HOUSE, you have agreed with all Terms and Conditions. These Terms and Conditions are applied onto any orders and/or contracts that are computer self generated and/or made by GOOD HOUSE for the sale and supply of Products. These Terms and Conditions constitute the entire agreement between you and GOOD HOUSE and supersede any and all preceding and contemporaneous agreements between us.
3.2 Terminology stated (Clause 3.1), you have acknowledged and have agreed in entering into this Contract, neither you nor us have relied on any/other representatives/representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
4. PRIVACY STATEMENT
4.1 We are committed to protecting your privacy in any/all occasion. Authorized employees within the Company on a need to know basis only use any information collected from individual Client/Customers. We constantly review our systems and data to ensure the best possible services to out Client/customers.
4.2 Parliament has created specific offences for unauthorized actions against computer system and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
5.1 Breach of confidentiality by those responsible will be reported to Malaysia Law Authorities and will take action against those responsible in lieu of the breach of confidentiality under the Personal Data Protection 2010 (Act 709) (http://www.pdp.gov.my/index.php/rss-pengumuman/536-unsolicited-message) and as such, any information concerning the Client and their respective Client Records will not be passed to third party by the Company. Client records are regarded as confidential and therefore will not be divulged to any third party. All marketing/promotional/advertising usage of Clients’ Confidential Records will be requested professionally by us and/or designated employee within the Company to the Client in the most appropriate manner with disclosure agreement/forms that made to be and/or made by us.
5.2 Client has the right to request sight of, and copies of any and/or all Client (you/your own) Records we keep, on a proviso that we are given reasonable notice of such request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
5.3 We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any e-mail sent by this Company will only be in connection with the provision of agreed products and services.
6. SALE DISCLAIMER
6.1 Your Account
You MUST register your Account with us on the Site before you place order. You are bound to provide correct and true information for our further perusal in Order and Sale transaction/purpose in accordance with Clause 4 and Clause 5.
Criminal offence will be considered against any parties in accordance with Clause 2 for any misuse of the Site by creating multiple user Accounts.
6.2 Formation of Contract
a) In these Terms and Conditions, the details contained on this Site do not constitute an offer for Sale but rather an invitation to treat. No Contract in respect of any Products shall exist until we have shipped the Products to the desired/designated address provided by you. Acceptance of Order and the contract between the Client and GOOD HOUSE will only be completed upon GOOD HOUSE issuing a confirmation of dispatch of the Goods to the Client.
b) GOOD HOUSE retains the right to refuse or cancel any order without giving any reasons before or after Check Out. The Company will make full refund payable to Client in accordance to the system generated Invoice/Receipt produced and accepted by Client during Check Out.
c) Client only has the right to cancel His/Her Order before Check Out.
d) No concluded Contract may be modified and/or cancelled by the Client after Check Out. The Client shall indemnify GOOD HOUSE in full against all loss (including loss of profit), costs (including the cost of all labour and material used), damages charges and expenses incurred by the Company as a result of the modification and/or cancellation, as the case may be.
e) A Contract between Client and the Company 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.
6.3 Price and Quality
a) We constantly ensure that the quality of our products commensurate with our prices to the best of our knowledge.
b) GOOD HOUSE retains the right not to entertain any dispute with Client in relation to pricing versus quality matters. Whilst we make best efforts to ensure that all details, descriptions and prices that appear on the Site are accurate, there may be instances where errors may occur. If we discover an error in the price and/or price versus quality of any Products, which you have ordered, we will inform you of this promptly and give you possible options of reconfirming your Order at the correct price or to make a cancellation.
c) In the event we fail to contact and/or connect with you through reasonable means to inform of any unknown error, we will convert the Order as Cancelled Order.
d) No refund will be entertained if Client cancels an Order after the shipment of Product(s) to you has been confirmed.
e) The price of the Goods and/or Service shall be the price stated on the Site at the time, which the Client makes his/her offer to purchase.
f) The price excludes the cost of packaging and delivery charges, any applicable goods and service tax, value added tax or similar tax, which the Client shall be liable to pay GOOD HOUSE in addition to the price.
g) We guarantee NO HIDDEN costs. We promote good business practices with Client by clearly mentioning and/or stating all additional payable costs and/or prices (if any) on the Site.
h) Where applicable, prices are inclusive of SST and are in Malaysian Ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
i) We have the rights where applicable, to mention and/or state and/or display SST, tax and/or similar tax and/or other costs in any Product page.
6.4 Quality Control
a) Good House practices in-house quality control to the best of our ability.
b) Our products are sourced from various suppliers internationally. Quality Checks will be performed upon arrival of goods to our warehouse. In doing so, Client is to be made aware that packages might had been pre-opened for inspection before shipping to you. In theses circumstances, Client must not hold GOOD HOUSE liable for pre-opened packages and have no rights to any demand for refunds/exchanges.
a) We are under no obligation to fulfill your Order if the price listed on the Site is incorrect (even after your Order had been acknowledged by us).
b) We only accept payment methods and/or partners listed on our homepage.
c) Similarly, we also accept payment of your Order using an e-Wallet, e-Gift Cards, Store Credit, Rebates and/or Promotional Vouchers constructed, produced and promoted by us.
d) E-Wallet pass, e-Gift Cards pass, Store Credit ‘code’, Rebates ‘code’ and Promotional Vouchers ‘code’ must be entered at the Check Out page online ONLY.
e) To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorization by card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
f) Clause 6.4 and following mentioned is only valid for the existence of either/and/or any of it. We deem to provide our best efforts to realize more options in creating various convenient and/or attractive payment methods.
g) GOOD HOUSE does not provide Cash On Delivery service.
6.6 Promotional Vouchers, e-Gift Cards, e-Wallet, Store Credits, Rebates and VIP Pass
a) You may use Promotional Vouchers, e-Gift Cards, e-Wallet, Store Credits, Rebates to make payment at GOOD HOUSE when shopping with us; these are Promotional event/items/services from time to time and are subjected to the Terms and Conditions where applicable.
b) Details of each Promotional Vouchers will be stated on the Voucher including the Terms & Conditions for the promotion.
c) We reserve the right to provoke or revoke the Promotional Voucher usage at any time. However, we practice good faith and good business ethics by abiding to the Terms & Conditions stated in the Voucher. In any event, we reserve the rights to revoke the usage of Promotional Voucher without further notice if there is unreasonable claim/dispute by Clients.
d) We are not liable and/or responsible for unknown or faulty e-mail address error by Client and/or unforeseeable Information Technology errors.
e) You are bound by the Terms and Conditions stated on Promotional Voucher issued by us.
f) We assume no liability for the loss, damage, defect, theft or illegibility of the Promotional Vouchers.
g) GOOD HOUSE reserve the right to discontinue or continue any promotions, marketing gifts and/or VIP Pass.
h) The credits of the Promotional Voucher do not serve any accrue interest, cash value and/or at other places. For more information, please contact email@example.com.
i) Client is entitled to upgrade himself or herself to a VIP Pass by spending more than RM3,000 within six (6) months time at GOOD HOUSE.
j) Client is entitled to upgrade himself or herself to a VIP Pass by participating in our promotion as and when offered.
k) GOOD HOUSE reserve the right whether to create activities, events and promotions on VIP Pass.
l) We reserve the right whether to offer you to join our exclusive activities, exclusive promotions, exclusive events and related fields by using your VIP Pass.
m) We also reserve the right to justify the existence/validity of VIP Pass from time to time.
n) Your VIP Pass is exclusive ONLY to you, encompassing your Account information. No other person(s) are allowed to use your VIP Pass.
o) We reserve the right to modify, change and/or edit the Terms and Conditions of the VIP Pass from time to time without notice.
p) The VIP Pass is exclusive to GOOD HOUSE and does not serve any accrue interest, cash value and is not applicable for use at any other establishments. For more information kindly contact firstname.lastname@example.org.
q) GOOD HOUSE offers Rebates to Client.
r) Rebates can be used instantly or on your next purchase depending on the Promotion Terms and Conditions, which we announce on the Site and/or Social Media portals at our choice of preference from time to time at any time. Please contact email@example.com to further your queries.
s) Each Rebate can only be used for a purchase(s) in one receipt.
t) We reserve the right to discontinue or continue Rebates offer.
u) Rebates do not serve any accrue interest, cash value and is not applicable for use at any other establishments.
v) Rebates do not serve as Store Credit with GOOD HOUSE.
w) Terms and Conditions for the Rebates can be modified, change or edit from time to time at any time. In this context, we will announce various promotional Rebates on the Site and/or Social Media portal. For more information, please contact firstname.lastname@example.org.
6.7 Credit Card / Debit Card / Online Banking
a) GOOD HOUSE accept all Visa and MasterCards, both Credit and Debit, and is 3D Secure (verified by Visa, MasterCard Secure) enable.
b) All information are well protected by means of industry-leading encryption standards.
c) Kindly take attention that additional charges may be incurred if you are using a non-Malaysian issued card due to Foreign Exchange.
d) We accept all Malaysian Visa and MasterCard Debit Cards subject to bank availability. All Debit Card numbers shall be protected by means of industry-leading encryption standards.
e) As and when/if Client choose to use Online Banking payment, the Client shall transfer the payment for the Goods to GOOD HOUSE bank account at the total amount of the Client’s purchase (including any applicable taxes, fees and/or shipping costs). The transaction MUST be in Ringgit Malaysia (MYR/RM). We may refuse this payment method to anyone or any user without notice for any reason at any time in our sole discretion.
f) GOOD HOUSE does not provide any Easy Pay Installment Scheme.
6.8 Erroneous Order
a) Erroneous Order by Client is not our responsibility. If you mistakenly made an Order, we will not revoke your Order by default.
b) Please contact email@example.com immediately and we will do our best in helping you to resolve the issue base on good faith. However, we do not promise/guarantee that such Order shall be revoked/cancelled.
6.9 Order Refusal / Withdrawal Condition
a) GOOD HOUSE reserve the right to turn down/withdraw/remove/edit any Products, material, content on the Site.
b) Under exceptional circumstances wherein, we reserve the right to refuse to process an/many Order(s) even after we have sent you an Order Confirmation notice at any time, at our sole discretion.
c) We will ONLY make refund to Client if we withdraw your Order in which payment has already been made.
d) We will not be liable to you or any other third party by reason of our withdrawing any Products from the Site, whether it has been sold or not, removing or editing any materials or contents on the Site or for refusing to process or accept an Order.
6.10 Shipping and Delivery
a) Goods Delivery shall be made to the address specified by the Client. You are bound to provide us the correct and true address for shipment. We are not liable for any losses or damages due to wrongful or untrue delivery address provided by you.
b) GOOD HOUSE has the right at any time to sub-contract all or any of its obligations for the delivery of the Goods to any other delivery service provider as it may from time to time decide without giving notice.
c) Any dates quoted for delivery of the Goods are at approximate duration only. Please contact firstname.lastname@example.org immediately for parcel tracking, delayed shipment or non delivery.
d) Please serve written notice to GOOD HOUSE if we failed to deliver the Goods in accordance with the Contract or within a reasonable time, which shall be at least 30 days.
e) We shall notify you if we expect to be unable to meet our estimated delivery dateline but we shall not be liable to you for any losses, liabilities, cost, charges or expenses arising from delayed delivery.
f) The Client shall indemnify GOOD HOUSE in full against all loss (including loss of profit), costs (including the cost of all labour and material used), damages charges and expenses incurred by the Company as a result of last minute cancellation of Delivery or change of Delivery address.
g) Under unforeseen circumstances, we might not be able to deliver Good(s) ordered by Client. We shall notify you immediately if such an event occurs. Client shall have an option to change order(s) or to have a full refund.
h) Upon receiving your order, you are required to Quality Check the product(s) before you acknowledge on the Delivery Receipt.
i) We shall not be liable for any damages or defects on the Product(s) after you signed off on the Delivery Receipt without your own Quality Check. Please contact email@example.com for more information or possible resolution with us.
j) In the event goods are not deliverable to some/certain locations, we will inform you immediately to make resolution. The Client is not entitled to cancel the Order under these circumstances but is to provide an alternative delivery address.
k) In the event of Clause 6.7 (j), GOOD HOUSE is entitled and reserve the right to cancel your Order with notification, if no resolution can be provided or Client is unable to provide an alternative delivery address. A refund will be payable to the Client MINUS any shipping charges, cost, expenses and/or other charges incurred by GOOD HOUSE.
l) We reserve the right to provide standard packaging whether from our appointed Delivery Service Provider or us.
m) In the event Client has any valid reason(s) to refuse acceptance of goods from Delivery Service Provider/us, please contact firstname.lastname@example.org immediately for resolution.
n) If delivery/collection/acknowledgement is delayed by Client’s unreasonable refusal in accepting parcel (Products that you paid and bought) even after reasonable resolution has been agreed upon, we will deem that we have fulfilled our obligations under the said Order and no refund will be entertained.
o) GOOD HOUSE shall not be liable in any ways whether by effort or monetary for your inadequacy and incompetents of receiving your parcel (Products that you paid and bought). In this event, delivery service provider will leave a notification at your Delivery address for self pick up. You are required to liaise with the delivery service provider at your own convenience and time. We will not be liable for any costs, charges or expenses incurred.
p) Cancellation before or during or after Delivery is prohibited.
6.11 Returns, Refund and Exchange Policy
a) GOOD HOUSE does not practice any unreasonable Returns, Refund or Exchange policy.
b) If products/goods are found to be faulty, damaged or defective before acknowledgement of Delivery Receipt, you have the rights to refuse acceptance. Please contact email@example.com immediately for resolution. GOOD HOUSE or its employees will advice you on the next course of action. A thorough investigation will be performed onto such event in order to provide the best resolution for the Client.
c) In rare or extensive event (which is justified by us and/or profound best resolution between Client and us), we may accept Returns and/or Refund and/or Exchange.
d) In the event under Clause 6.8 (c), Client MUST ensure Goods are returned to GOOD HOUSE in original (unused, brand new, still intact with accessories or parts full packaging) packaging together with the relevant Delivery Statement (delivered along with the parcel where sometimes is on the package or inside the package). We will justify costs of the Returns on a case-by-case basis.
e) In the event under Clause 6.8, if an item is returned to us NOT in original (unused, brand new, still intact with accessories or parts full packaging) condition, GOOD HOUSE reserves the right not to follow through the case. Under such circumstances, we also reserve the rights to keep your payment and provide no options of Refund and/or Refund and/or Exchange.
f) GOOD HOUSE is committed to provide the best customer relationship services and any such issues will be dealt with in a professional manner to provide a win-win solution to both parties.
6.12 Faulty Products
a) All Products descriptions, information, materials and/or contents uploaded to the Site by us are provided “as is” and without warranties express, implied or otherwise howsoever arising.
b) Product images may have variant and/or differ from the actual Product that you receive.
c) In the event if you receive faulty Product (in accordance with Clause 6.8 (a), (b), (c), (d), (e), (f), please contact firstname.lastname@example.org at once for advice on the next course of action/resolution.
d) In such case, you must provide your Order Number, Your Name, Your Address, Details of the Product(s) and the reason for Return/Refund/Exchange action.
6.13 Warranty, Remedies and Guarantee
a) GOOD HOUSE shall not be liable to the Client or be deemed to provide Warranty and/or Guarantee contract.
b) Without prejudice to the generality of the foregoing, we will always provide our best efforts to assist Client if Faulty Products event arise. Warranty may be produced and/or made to be by manufacturer or supplier or respective brand owners. Such as electrical Products and/or small home use machinery Products.
c) All Guarantees will be announced/stated/displayed on each Product page and/or Check Out page if any.
d) GOOD HOUSE 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 GOOD HOUSE’s opinion in that behalf. We do not give warranty as to the quality state condition or fitness of the Goods. We will provide our best efforts in performing the best quality control.
e) There will not be any justification being carried out if the Client fails to notify us after the grace period set out by us. All correspond by Client will not be entertained.
f) In the event of Faulty Products upon receiving before you sign the Delivery Receipt, kindly contact email@example.com.
g) GOOD HOUSE is not liable to the measures and actions taken by the Client or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of GOOD HOUSE, addition and insertion of parts, in particular of spare parts which do not come from GOOD HOUSE.
h) We shall not be under liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Client, 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 GOOD HOUSE’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without GOOD HOUSE’s approval.
i) We shall not be 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 our prior written approval and the Client shall indemnify GOOD HOUSE against each loss liability and cost arising out of such claims.
j) In the event of warranty, we shall be under no liability whatsoever in respect of any defects in the Goods arising after the expiry of the Warranty Period.
6.14 Concerns and Safety
a) Any refund to the Client which is based on any defects in the quality or condition of the Goods or their failure to correspond with specification shall be notified to GOOD HOUSE within seven (7) days use from the date of receipt of the Goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defects. If there are even slightly reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. GOOD HOUSE shall be given written notification immediately, specifying the reservations or the defect. However, in no event shall the Client be entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which GOOD HOUSE had contracted to deliver.
b) In the event of Clause 6.12 (a), we do not accept in whole for refund, exchange or replacement for the Goods if found defective after you signed on the Delivery Receipt from delivery service provider.
c) However, we will provide our best efforts to resolve defective/damaged Goods if we were give notification in writing within three (3) days of grace period.
d) In the event of which, in accordance with Clause 6.12, GOOD HOUSE reserve the rights to make justification (for the next course of action) upon defective/damaged Goods with prejudice or without prejudice.
7. FORCE MAJEURE
7.1 StarGate Enterprise and/or GOOD HOUSE shall not be liable or obligated when an extraordinary event or circumstance beyond the control. This Terms and Conditions is applied by and/or in accordance of the following:
7.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, bomb threat, bomb explosion, war (whether declared or not), or threat in preparation of war, sabotage, insurrection, civil disturbance : acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind of the part of any governmental parliamentary or local authority.
7.3 Strikes, lock-outs or other industrial actions.
7.4 Act of God : Fire, explosion, storm, flood, earthquake, subsidence, epidemic, landslide, hurricane, tempest, accident or other natural disaster.
7.5 Impossibility of the use of transportation such as railways, shipping, aircraft, motor transport or other means of private and/or public transport. Interruption of traffic, strikes, lockouts, other industrial actions or trade disputes (whether involving employees of GOOD HOUSE or of a third party).
7.6 Impossibilities of the use of private and/or public private communications networks.
7.7 The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accident.
7.8 Import and/or export regulations or embargoes.
7.9 Power failure or breakdown machinery.
7.10 In the circumstance that the Force Majeure event lasts more than one week, either Client or us may terminate the Contract forthwith by written notice and without any Liability other than a refund of a Product already paid for by you and not delivered.
7.11 Upon the happening of any of the events set out in accordance with Clause 7, GOOD HOUSE may at its option to fully or partially suspend delivery/performance while such event or circumstances continues.
7.12 Termination of any Contract so affected with immediate effect by written notice to the Client and GOOD HOUSE shall not be liable for any loss or damages suffered by the Client as a result thereof.
7.13 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
8.1 GOOD HOUSE does not provide liability insurance for the protection of you, individual, groups, organizations, businesses, spectators, or others who may use the Site.
8.2 In consideration for your use of the Site, participation of the promotions and all related to GOOD HOUSE; Client, individual, groups, organizations, businesses, spectators, or other, does hereby release and forever discharge GOOD HOUSE, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims, and demand for, upon or by reason of any damage, loss or injury, upon or by reason of any profit or data loss or other intangibles, which hereafter may be sustained by using the Site and/or participating its promotions and all related to GOOD HOUSE.
8.3 This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated, and unexpected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.
8.4 The provisions of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unexpected to exist at this time, to the person executing such release, are hereby expressly waived.
8.5 By using the Site, it is further understood and agreed that GOOD HOUSE is not be construe as an admission of any liability and acceptance of assumption of responsibility by GOOD HOUSE, its officers, board and employees, jointly and severally, for all damages and expenses for which, GOOD HOUSE, its officers, board and employees, become liable as a result of any alleged act of the Site.
9. INSOLVENCY OF CLIENT
9.1 These Terms and Conditions are effective on the followings:
9.2 The Client makes any voluntary arrangement with its discretions or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
9.3 An encumbrance takes possession or a receiver is appointed of any of the property or assets of the buyer; or
9.4 The Client ceases – or threatens to cease – to carry on business; or
9.5 GOOD HOUSE reasonably apprehends that any of the events mentioned above is about to occur in relation to the Client and notifies the Client accordingly.
9.6 If this event and/or condition applies then without prejudice to any other right or remedy available to GOOD HOUSE, we shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Client and if Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
10.1 Any notice provided by e-mail shall be deemed to serve within two (2) Business Days of the email being sent.
10.2 Notices given by postal/courier service provider shall be deemed to serve with three (3) Business Days of being posted to the recipients’ address within Malaysia.
10.3 By providing such services, it shall be sufficient to prove that the letter or e-mail was/will be/is properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
10.4 Client is bound to abide all Terms and Conditions (including on Promotional Vouchers, on the Site, on the Product Pages, on the e-mail and other related area that is property of GOOD HOUSE) in which, set out by GOOD HOUSE.
10.5 We reserve the right to modify, change, edit, remove, add-new of these Terms and Conditions from time to time, at any time.
10.6 All modifications, changes, editing, removal and/or add-new of these Terms and Conditions will be posted on the Site. Kindly keep yourself posted by reading the Terms and Conditions that set out from time to time.
10.7 Continuous of usage of the Site constitute acceptance of the modified, changed, edited, removed, added new and/or existing Terms and Conditions that, set out by us.
10.8 All written material whether on the our Forum, Chat Column, Comment Column and/or e-mail (including any other technology communication method that comes with writing method/tools) are considered as prove of evidence in which, event of misunderstand occurred.
10.9 Client does not consider phone calls conversation speech as proved track record.
10.10 We reserve the right (whether prove in writing or prove of recorded conversation speech) to act against Client in accordance with law authorities in which event, act of unreasonable and/or uncontrollable situation that are cause by Client.
10.11 By continuous usage of the Site and/or continuous act of unreasonable and/or uncontrollable situation that cause by Client, you agreed to indemnify, defend, hold harmless to GOOD HOUSE, its officers, board, employees and all properties.
11.1 The Client being in breach of an obligation under the Contract;
11.2 The Client passing a resolution for its winding up or a court of competent jurisdiction making an order for you winding up or dissolution;
11.3 The making of an administration order in relation to you or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Client’s assets;
11.4 The Client making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
11.5 These Terms and Conditions apply on or at any time after the occurrence of any of the events in Clause 11, we reserve the right to stop any Goods in transit, suspend further deliveries to the Client and exercise its rights under Clause 6, and/or terminate the Contract with the Client with immediate effect by written notice or without notice.
12. COMPLAINTS MANAGEMENT
12.1 In the event of Complaints by Client;
12.2 You are required to write in to firstname.lastname@example.org. We reserve the right to treat/serve/resolve in writing ONLY. We do not accept any complaints by phone/any other communication conversation/speech.
12.3 All and related contact details of GOOD HOUSE are stated/displayed on the Site.
12.4 We place great value on our Client satisfaction. We will attempt to address your concerns as soon as possible.
12.5 Client is obliged to address your concerns/complaints comprehensively in order to avoid any misunderstanding and make prompt resolution between you and GOOD HOUSE management.
12.6 You are required to provide us your Order Confirmation copy, full personal details such as, your full name, birth date, membership number, age, and e-mail address for the purpose of resolving the complaints.
12.7 In the event of resolving a complain, we reserve the right to request you to provide us with Sales/Order/Account information by way of printed/hard copy.
12.8 In rare cases, your e-mails may be caught up in our Spam filters or not reach us, or correspondence that we send to you may otherwise not received by you. In such circumstances, should you not received any response from us within five (5) Business Days, please make further enquiries.
13. PROPERTY RIGHTS
13.1 All material and content in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles, tag lines, designs and data compilations are the property of GOOD HOUSE.
13.2 Contents suppliers are protected by International Copyright laws and Treaties.
13.3 All these Terms and Conditions rights are reserved and remained to GOOD HOUSE and its licensors.
13.4 You may store the material in our Wish List, print and display the material and content supplied solely for your own personal keep only (business, commercial and related are strictly prohibited).
13.5 You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site nor may you use any such content in connection with any business or commercial enterprise.
13.6 If found such controversy/variance/friction, we reserve the right to take legal action against you.
13.7 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of GOOD HOUSE in Malaysia and other countries.
13.8 GOOD HOUSE’s trademarks may not be used in connection with any product or service that is not provided by GOOD HOUSE, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GOOD HOUSE.
13.9 All other trademarks not owned by GOOD HOUSE that appear on the Site are the property of their respective owners.
13.10 Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
13.11 You must not use any part of the content on the Site for commercial purposes without obtaining a license to do so from our licensors or us.
13.12 In the event, GOOD HOUSE becomes aware of any infringement of its property rights, it shall not refrain from taking any relevant legal action.
13.13 By continuous usage of the Site, you have agreed to indemnify GOOD HOUSE with accountable/tangible/intangible/limitless loss and/or damages against the Company (in any ways) requested by Court/legal authorities. These Terms and Conditions set out under Clause 13.
14. USE OF OUR LINKS
14.1 The use of our links from our Home Page is strictly prohibited.
14.2 However, you may link to our Home Page in the way, which is legal and not damaging our reputation or take advantage of it.
14.3 Establishment of any site of links, material, content on the Site by you is prohibited.
14.4 The Site must not be framed on to any other site, nor may you create a link to any part of this Site other than our Home Page.
14.5 We reserve the right to withdraw/remove linking permission without notice.
15.1 No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a renunciation 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 yours or our rights under these Terms and Conditions or a Contract.
16. SEVERABILITY ( SALVATORIUS )
16.1 The severability clause states that the terms of the Contract are independent of each another, so that if a term in the Contract is deemed unenforceable by a court, the Contract as a whole will not be deemed unenforceable.
16.2 If any provision or provisions of these Terms and Conditions or a Contract shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
17. FUNCTION AND ASSIGNMENT
17.2 It is prohibited for you to embark and/or create assignment, transfer, novation, charge, sub-Contract, create any trust/bond over a deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions.
18.1 In these Terms and Conditions, no relationship is being created or established as partnership, an agency, employer, employee between you and us.
18.2 You are a Client/Customer to GOOD HOUSE.
19. THIRD PARTY RELATIONSHIP, BENEFICIARY, RIGHTS
19.1 These Terms and Conditions apply to all Terms and Conditions set out by GOOD HOUSE (except Clause 14) in the Contract or on the Site is purposed for and/or between you and us.
19.2 No person or any other party shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
20. GOVERNING LAW
20.1 These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysian Court of Law.
20.2 Both the Client and GOOD HOUSE hereby submit to the non-executive jurisdiction of the Malaysian Courts.
20.3 All dealings, correspondence and Contracts between us shall be made or conducted in ENGLISH language.
20.4 In the event of Clause 20.3, we accept partial of other languages and dialects (in written or oral) such as Mandarin, Bahasa Malaysia, Cantonese and Hokkien (whichever is available) in the context of primary stage of connectivity.
20.5 Primary stage is in accordance with simple queries for an e-mail address, a phone number, check for Promotional dates and relevant product queries.
20.6 All Contracts of dealing and confirmation dealings, complaints, shipping/delivery queries and all related (except the Primary stage, Clause 20.5) are compulsory in English language in written manner.
21.1 As and when you use the Site, you are obliged and have agreed to these Terms and Conditions set out by GOOD HOUSE.
21.2 We reserve the right to modify, change, edit, remove, add-new Terms and Conditions from time to time at our sole discretion and is not obliged to inform Client.
21.3 You are obliged to check our Terms and Conditions at all times anytime when you use the Site.
21.4 You are responsible to review our latest Terms and Conditions each time you submit your Order.
21.5 All modifications, changes, editing, removing, add-new to these Terms and Conditions will be posted on the Site.
21.6 Continuous use of the Site by you constitute your acceptance of our latest/new Terms and Conditions.
21.7 You accept and agree to our Terms and Conditions when you submit your Order.
Updated : 1st January 2020