XOX e-MALL TERMS & CONDITIONS

 

Introduction

The information contained in this XOX e-Mall has been prepared solely for the purpose of providing information XOX e-Mall and the services they offer. By accessing XOX e-Mall you agree to the following terms and conditions of usage. You must not access XOX e-Mall if you do not agree to all the following terms and conditions of usage.

 

Registration and Eligibility

You will be required to register an account before you can use the services or features available on this site. You must ensure that all information you provide about yourself is true, accurate, current and complete in all respects.

Subscribers who have already registered an account with the XOX Selfcare portal may use their Selfcare login ID and password to access XOX e-Mall site.

XOX e-Mall is available only to registered users who are above the age of 12, unless guided by their parent or legal guardian.

Should your information change at any time, please immediately update your details in your account here. XOX e-Mall will not be responsible for any inaccurate information provided by you. We may also change registration requirements from time to time.

 

Password

The account password you provide should be unique and kept secure, and you must notify XOX e-Mall immediately of any breach of security or unauthorised use of your account.

 

Eligibility to Purchase

To be eligible to purchase on our site, you must have a registered account with us. Your account must include your personal details like your real name, phone number, email address and other requested information.

You are required to provide payment details that you represent and warrant are both valid and correct. You must also confirm that you are the person referred to in the billing information provided.

Only individuals who meet the XOX e-Mall terms of eligibility are allowed to make purchases. These individuals must have a valid credit/debit card issued by a bank acceptable to XOX e-Mall, whose applications are acceptable to XOX e-Mall and who have authorised XOX e-Mall to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. To prevent potential fraud, XOX e-Mall reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

When you make an offer to purchase, you expressly authorise us to perform credit checks and where necessary, to transmit or to obtain information (including any updated information) from you or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction) to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit authorisation and to authorise individual purchase transactions.

You will also agree to us using your personal information to conduct appropriate anti-fraud checks. The personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

 

Subscriber’s Access

Only XOX Active Subscribers shall be entitled to enjoy the FREE downloads in XOX e-Mall website and to place an order BUT with a condition that you must register and open an account in XOX SelfCare. If you are not a XOX subscriber yet, we welcome you to be of our XOX subscriber in order for you to enjoy this benefit which is exclusively for XOX subscribers only.

For the purposes of clarity, only XOX subscribers who have registered and account with the XOX Selfcare portal and using their XOX Selfcare portal login ID and password may enjoy the FREE downloads in the XOX e-Mall website.

 

Intellectual Property

Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of XOX e-Mall is prohibited except in accordance with the following permission. XOX consents to the user storing contents on computer or printing copies of extracts from the website for personal non-commercial use only. The copies must retain any copyright or other intellectual property notices contained in the original material and the products, technology or processes described in this website may be the subject of other intellectual property rights reserved by XOX or by other third parties. No license is granted in respect of those intellectual property rights. Images, trademarks, brands and all associated logos and symbols displayed on this site are protected by copyright, trademark and other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owner/individual.

"XOX", “XOX e-Mall” and the symbols are trademarks of XOX Com Sdn Bhd. Third parties' product and service names as appeared herein are trademarks and service marks of their respective companies. Nothing contained shall be construed as conferring a license of XOX's intellectual property rights on the user.

 

Disclaimer of Warranties and Liability

  • The materials, features, services and information in xox.com.my Website are provided on a basis and disclaim all warranties, express or implied, with respect to this Website.
  • XOX e-Mall shall use its reasonable efforts to ensure the accuracy and validity of the materials, features, services and information which contained on the Website.
  • XOX e-Mall does not make any express or implied warranties, representations or guarantees including but not limited to any warranties of completeness, accuracy usefulness, fitness for a particular purpose, title and reliability in respect of the Website, your personal information, function on any product and/or service made available by the Merchants, or material and information transmitted over our system.
  • XOX e-Mall shall not be responsible for and disclaims all liability for any damage, loss, liability, personal injury or expenses of any nature which may be suffered by your or any third party due to any directly, indirectly or consequentially, to your access or/and use of the Website.
  • Please take note that all the material downloaded or otherwise obtained through the Website is done solely at your discretion and risk. You should be responsible for any data loss or damage to your computer system that may result from downloading.
  • XOX e-Mall and any third party or data or content provider shall not be liable in any way to you or to any other person, firm or corporation whatsoever for any damage, loss, liability, personal injury or expense of any nature due to any delays, inaccuracies, errors in, or omission of any materials, features, services and information in the Website.
  • This Website and its contents are presented on an “as is” and “as available” basis. XOX e-Mall makes no and expressly disclaims all representations or warranties of any kind, expressed or implied.
  • No oral advice or written information provided by XOX e-Mall or its employees shall be used as a warranty nor shall the user rely on any such information or advice.
  • XOX reserves the right to revise the pages or withdraw access to them at any time and from time to time. XOX assumes no responsibility for material created or published by third parties that websites have a link to, as the material has not been verified or authenticated by XOX.
  • XOX shall not be responsible for any damages suffered as a result of user usage of the information in the website and in no event shall XOX be liable for any indirect punitive or consequential damage howsoever arising from use of the website or the information contained herein.
  • Chat, discussion groups or bulletin board services and similar services offered by XOX are public communications and your communications may be available to others. XOX is not responsible for, and does not control or endorse any content of any public communication services.
  • If any information provided is untrue, inaccurate, incomplete or not current, XOX reserves the right to refuse membership, suspend and/or terminate the account and refuse any and all current or future use of XOX services or access to its websites.

 

Access Information

Access information may be provided to access XOX e-Mall and services following registration and online purchase. XOX reserves the right to change the access information at any time at its sole discretion and users will be notified of the change as soon as reasonably practicable.

XOX e-Mall accounts are to be used by a single user only, and simultaneous access using the same access information may not be allowed. The user is responsible for all activities conducted through his/her account, whether authorized or not. Access information may not contain words that are obscene, abusive or likely to cause offence.

 

Privacy

Personal information provided to XOX e-Mall is kept secure and confidential and used only for the purposes for which it is provided. It will only be used by XOX, third parties operating and delivering services, or otherwise assisting XOX with this service.

When you access the Site, we may collect the following information:

  • Anonymous web statistics collected as you browse the XOX e-Mall
  • Personal information you knowingly provide to us

Some portions of the XOX e-Mall may require that you provide your personal information. Personal information refers to all and any information relating to you (including, but not limited to your name, contact number, email address and mailing address) obtained by us via your access to or use of this Site.

We may use your personal information for planning, research, design and marketing of services, rendering assistance to law enforcement, government or regulatory agencies, or complying with any applicable laws or any order of court.

Any information disclosed in the public areas of the XOX e-Mall (such as message boards and forums) becomes public information. You should exercise caution when disclosing your personal information in this way.

 

Fees and Charges, Billing and Payment Terms, Interest and Taxes

You shall be charged Fees and Charges in respect of the Products that you have subscribed subject to the Billing and Payment Terms.

You shall promptly pay XOX all the Fees and Charges and any other sums due or payable to XOX with respect to any of the Products:

  • in accordance with the Billing and Payment Terms and without any set off, counterclaim, deduction or withholding whatsoever;
  • In accordance with the terms imposed by the payment provider.

XOX may determine and impose and may, by providing 7 days' notice to you, vary or revise Fees and Charges, payment terms and any prescribed rate from time to time and such variation or revision shall take effect as from the date determined by XOX.

You shall bear and pay all Taxes, including any service tax, if required by law. If you are required under any Law of any jurisdiction to deduct or withhold any sum as Taxes imposed on or in respect of any amount due or payable to XOX, you shall make such deduction or withholding as required and the amount payable to XOX shall be increased by any such amount necessary to ensure that XOX receives a net amount equal to the amount which XOX would have received in the absence of any such deduction or withholding.

You agree that, if you make the necessary payment using a third party account (direct debit) or using a credit card that is not registered in your name, the payment made shall be valid. You agree that XOX shall in no way be responsible to indemnify any party for such disputed, non-consensual or unauthorized use of another's account or credit card. You agree to settle such dispute with such third parties without XOX's involvement in anyway what so ever.

XOX shall have the right to reject any transactions and/or forfeit any refund at its discretion if there are any suspicious or fraudulent attempts made by any party.

 

Pricing

Our merchants reserve its rights to change their product pricing at any time at its absolute discretion. Pricing as of users purchase will be fixed and no refund or extra charges applied for the difference of price change if there's any.

 

XOX e-Mall Only a Venue

The Site acts as a venue to allow business to offer, sell just about anything, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction.

We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and XOX e-Mall is not responsible for the acts or omissions of users on the Site.

We cannot control the information provided by other users which is made available through our system. Note that all graphics displayed in listings may reside on our servers, but we do not and cannot control the images that are uploaded by our users. Information and images posted by a member may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our site. We are not liable for any images that have been placed on our servers, as they are beyond our control.

 

Delivery of Products

For delivery purposes, it is of utmost importance that you include accurate personal information.

Products ordered by you shall be delivered to the mailing address you disclose to us (any other means deemed appropriate by XOX) on the date for the delivery and MUST be received by you subject to the following conditions.

Upon receiving your payment, delivery will be arranged by our merchant. Shipping & Delivery of goods will be made within 14 working days from the order confirmation date. Delivery charges and estimated timescales are specified when you place an order. Our merchant will make every effort to deliver goods within the estimated time scales; however delays are occasionally inevitable due to unforeseen factors.

XOX e-Mall shall be under no liability for any delay or failure to deliver the products within estimated timescales.

For products not owned by XOX, the owner of the product itself will be responsible for the shipping and status will be updated into the XOX e-Mall system.

We may ask for additional Personal Data, if reasonably necessary, for the purposes of verification of your identity or fraud prevention purposes.

The Product is covered under and subject to the terms of warranty from the relevant manufacturers or licensors except for defects caused by your acts, omission or negligence. Should there be any manufacturing defects with the Product found within three (3) days from the date of receipt by you, you are required to courier back the Product to the respective merchant to get a replacement. Replacement shall only be given upon receipt of the Product. Merchant shall not make any replacement if the Product is lost or damage during the courier. For any defects found after three (3) days from the date of receipt, you must return the Product to the relevant manufacturer's service centers for warranty claims.

 

Orders

All orders are subject to acceptance and availability.

 

Returns and Refund Policy

Goods sold are non-refundable but is exchangeable if by any case merchant is agreeable to the term. Our merchant will be responsible on goods delivery. In any cases where goods are defective, kindly inform our merchant within 24 hours from delivery. If you are not able to contact the merchant, please contact us at emall@xox.com.my.

 

Termination and Suspension

XOX reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.

 

Links to Third Party Websites

The Site may contain links and/or references to other websites ('Third Party Websites').

XOX shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.

Third Party Websites are not investigated, monitored or checked for accuracy or completeness by XOX.

Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by XOX.

In the event the User decides to leave the Site and access Third Party Sites, the User does so at his/her own risk.

 

Severance

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

 

Indemnity

The User at all times agrees and undertakes to indemnify, hold harmless and defend XOX, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by XOX directly or indirectly, due to or arising out of the User's breach of this Agreement (including the documents incorporated by reference), or arising out of the User's violation of any law or the rights of a third party.

 

Release

In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release XOX, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.

 

Governing Laws

This Agreement shall be governed by and construed in accordance with the laws of Malaysia in respect of any disputes arising in connection with the Website and non-exclusive jurisdiction of Malaysian courts.

 

Entire Agreement

This Terms and Conditions constitute the sole record of the agreement between you and XOX e-Mall in relation to your use of http://emall.xox.com.my website.

  • Neither party is relying upon any warranties, representations, promise or the like not recorded herein.
  • It may be changed only by a writing signed by both parties or otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral.