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About These Terms AndConditions
One Mall (www.dentalmall.my) Tel: 03 5122 7588(“Website”) is a website operated by One Dental Supply & Marketing Sdn Bhd(1059233D) (“One Mall”), a company registered in Malaysia.
In these Terms and Conditions "we" or "us" mean One Malland "you" means the user and/or the customer of the Website.
One Mall reserves the right to amend these Terms and Conditions from time totime without prior notice to reflect changes made to the operation of theWebsite. Whilst we will make every reasonable effort to notify you of anychanges to these Terms and Conditions, you are advised to check these Terms andConditions periodically to update yourself on any changes and apprise yourselfof the then current Terms and Conditions applicable to your membership and useof this Website.
Malaysia Sales Only
We only sell and ship Products within Malaysiathrough this Website. We will not make deliveries outside of Malaysia.
Copyright/TrademarkInformation
This entire website, copy, images, logos,indicia, text, content, and unique method of showcasing Products is thecopyright of One Mall, or of other copyright owners. Permission is granted toelectronically reproduce and print in hard copy portions of this Website forthe sole purpose of placing an order with One Mall, or using this Website as ashopping resource. Any other use of materials on this Website (includingreproduction for purposes other than those noted above and modification,distribution, communication, or republication) without our prior writtenpermission is strictly prohibited.
“One Mall” and “One Dental Supply & Marketing Sdn Bhd” are the trade names,trademarks, domain names, and company names of One Mall and its subsidiaries oraffiliates. All other trade names, trademarks, product names, company names,titles or logos used on this Website are the property of their respectiveowners. No permission is given by us in respect of the use of such trade names,trademarks, product names, company names, titles or logos and any such usewithout the permission of the relevant owner may constitute an infringement ofthe owner's rights.
Colours
We have done our best to reproduce as accuratelyas possible the colours of the Products shown on this Website. However, becausethe colours you see on the Website will depend on your monitor, we cannotguarantee that your monitor's reproduction of any colour will be accurate.Products are not allowed for exchange due to colours.
Correction of Errors andInaccuracies; Limitations on Quantity
Whilst One Mall will make every reasonableeffort to present accurate information on this Website, the information maycontain typographical errors or inaccuracies and may not be complete orcurrent. Neither One Mall nor any third party or data or content provider makesany representations or warranties, whether express, implied in law or residual,as to the accuracy, completeness or reliability of information, opinions, anycompany information, news, research information, data and/or content containedon this Website (including but not limited to any information which may beprovided by third party or data or content providers) (“Information”) and shallnot be bond in any manner by any Information contained on this Website. Wetherefore reserve the right to correct any errors, inaccuracies or omissionsand to change or update Information at any time without prior notice (includingafter you have submitted your order). Please note that such errors,inaccuracies or omissions may relate to product description, pricing andavailability. We also reserve the right to limit quantities (including afteryou have submitted your order). We apologize for any inconvenience this maycause you. If you are not fully satisfied with your purchase please see ourreturns policy for details on how to obtain a refund.
Indemnification
You shall indemnify and hold One Mall and itsaffiliates and subsidiaries, including One Dental Supply & Marketing SdnBhd and their respective employees, representatives, agents, affiliates,directors, officers, managers and shareholders (collectively the"Parties") harmless from any damage, loss, or expense (includingwithout limitation, attorneys' fees and costs) incurred in connection with anythird-party claim, demand or action ("Claim") brought against any ofthe Parties alleging that you have breached any of these terms and conditions.If you have to indemnify any of the Parties under this Section, One Mall shallhave the right to control the defence, settlement, and resolution of any Claimat your sole expense. You may not settle or otherwise resolve any Claim withoutexpress written permission from One Mall.
Legal Capacity ToTransact
By accepting these Terms and Conditions yourepresent and warrant that you are over the age of eighteen (18) years. If youare under the age of eighteen (18) years you cannot place orders on thisWebsite. Should One Mall suffer any damage or other losses as a result of atransaction entered into by a minor, One Mall reserves the right to seekcompensation for such losses from the parents or guardians of the minor whocaused any order(s) to be placed on this Website.
Placing Your Order
Any contract for purchases through this Websitewill be made with One Dental Supply & Marketing Sdn Bhd (1059233D).
You may place an Order by adding items to “My Cart” on the Website and clickingthe "Check Out" button. When you place your Order, we will issue youwith an Order Number. We will do this by email. By placing an Order, you makean offer to us to purchase the Products you have selected based on the Termsand Conditions applicable at the time of purchase. Information contained onthis Website constitutes an invitation to treat. No information on this Websiteconstitutes or should be deemed as an offer by us to supply any Products toyou, however One Mall will make every effort to supply Products to you. We willnotify you that your Order is being processed by sending you an OrderConfirmation via email, however, we do not formally accept your offer untilyour Order has passed our internal validation procedures for verifying the bonafides of each order placed, for the purpose of preventing credit card orpayment fraud. One Mall and its affiliates and subsidiaries, reserve the rightto refuse service, terminate accounts, remove or edit content, or cancel ordersin their sole discretion. We will confirm acceptance of your Order when we sendyou an email confirming shipment of the goods you have ordered. If we cannotprocess or accept your Order after payment is received we will contact you byemail or telephone.
Payment Methods AndProcessing
Transactions are processed via an industrystandard secure https connection using Paypal as a third party payment gateway.
Prices
Price is the price listed on the Website at thetime order is submitted and prices are given in Malaysia Ringgit. Dentalmall reserves the right to change prices for Products displayed at the Websiteat any time.
Goods and Services Tax(“GST”)
Unless otherwise stated on the Product listingor in our invoice for your purchases, the product listing and invoice prices donot include GST on the Products you purchased from us. You may be liable to payduty or taxes on certain goods that are imported from overseas.
Delivery Costs
Product prices quoted do not include deliverycosts. Any delivery or handling charges in relation to your Order will benotified to you at the time you place your Order and be added to the price.
One Mall Vouchers
Each One Mall Voucher is personal to you, theperson to whom it is issued. It is not transferable, not assignable, and underno circumstances can it be converted into or redeemed for cash. Each One MallVoucher has an expiry date which cannot be modified.
One Mall Vouchers must be used on the Website towards the purchase of Products.The redemption of a One Mall Voucher requires the total value of your order(excluding delivery costs) to be higher than the value of the One Mall Voucher.Some One Mall Vouchers may specify a minimum spend in order to be used. In thiscase, the total value of your order (excluding delivery costs) has to be equalto or higher than the minimum spend specified on the One Mall Voucher.
Under no circumstances can the value of a One Mall Voucher be deducted from anorder if that One Mall Voucher is defective or out of date. We will not issuereplacements for defective or out of date One Mall Vouchers.
When a One Mall Voucher is applied to an order which contains a number ofProducts, the value of the One Mall Voucher will be spread over each Product ona pro-rated basis calculated based on the value of the Product against thetotal value of your order. Any refund of a Product bought in such an order willbe reduced by the value of the One Mall Voucher which has been attached to it.
We reserve the right to modify, amend, or cancelthe One Mall Referral Program at any time and the methods through which Dentalmall Vouchers are earned, awarded or redeemed. We reserve the right todisqualify you at any time from participation in our One Mall Referral Programand cancel any existing One Mall Vouchers from your account.
Priority Membership
Subject to offer and availability, you maypurchase a 12-month Priority Membership (“Priority Membership”) under ourPriority Membership Scheme for prior/early access to sales events on theWebsite, exclusive access to Priority Member sales events, and to enjoyadditional discounts at selected sales events.
Once Priority Membership has been used for prior/early access to sales eventson the Website, exclusive access to Priority Member sales events, or topurchase a Product from the Website, the Priority Membership is non-refundable.
One Mall reserves the right in its sole discretion to cancel, terminate, modifyor suspend, without prior notice, your Priority Membership the PriorityMembership Scheme and/or if necessary to provide alternative benefits to thesame value as the original benefits offered under the Priority MembershipScheme.
Computer Hardware -Exclusions and Limitations
We are not liable for any damage to or loss ofany programs, data, or other information stored on any media contained withinelectronic or computing Products. Recovery and reinstallation of system andapplication software and user data are not covered under any warranty. In relationto any computing media Product, or any computing hardware Product or computingpart contained within a Product, we will not be responsible for direct,special, incidental or consequential damages resulting from any breach ofwarranty or condition, or under any other legal theory, including but notlimited to lost profits, downtime, goodwill, damage to or replacement ofequipment and property, any costs of recovering, reprogramming, or reproducingany program or data stored in or used with our Products supplied to you, andany failure to maintain the confidentiality of data stored on the Product. Wespecifically do not represent that we will be able to repair any Product underwarranty or make a Product exchange without risk to or loss of programs or data.Where a computing Product needs to be returned to us for replacement or arefund, we will in no manner whatsoever be responsible for any data you mayleave on the computing Product.
Our Liability
In no event shall One Mall and any of itsaffiliates and subsidiaries, including One Dental Supply & Marketing SdnBhd, be liable for any loss of income, loss of profits, loss of contracts, lossof data or for any indirect, special, incidental or consequential loss ordamage of any kind including but not limited to loss of use, loss of data, lossof business or profits, howsoever arising and whether caused by tort (includingnegligence), breach of contract or otherwise. Our maximum aggregate liabilityfor any Product supplied to you whether in contract, tort (includingnegligence) or otherwise shall in no circumstances exceed the amount payable byyou to us in respect of the Product(s) in question.
Your Data - Use AndProtection
Please see the Privacy Policy section of theWebsite for full details of how we use and protect your personal information.You consent to any personal information which we may obtain about you via(either via this website, by email, telephone or any other means) beingcollected, stored, and otherwise processed in accordance with the terms of thePrivacy Policy. We may update our Privacy Policy from time to time, in our solediscretion, and post an updated version of the Privacy Policy at the PrivacyPolicy section of this Website.
Force Majeure
Neither One Mall nor any of its affiliates andsubsidiaries, including One Dental Supply & Marketing Sdn. Bhd., shall beliable for any failure or delay in performing any of its obligations underthese Terms and Conditions if such failure or delay is caused by circumstancesbeyond their reasonable control and we shall be entitled to a reasonableextension of time for the performance of such obligations.
Entire Agreement
These Terms and Conditions together with yourOrder constitute the entire agreement between you and One Mall in relation toyour use of the Website, your One Mall membership, and the supply of theProducts to you by One Mall. These Terms and Conditions cannot be varied exceptby us in writing or by e-mail. Neither you nor One Mall shall be bound by anyexpress, tacit or implied representation, warranty, promise or the like notrecorded herein. Unless specifically stated these Terms and Conditionssupersede and replace all prior commitments, undertakings or representation,whether written or oral, between you and One Mall.
Modification/Alteration
We may at any time modify any relevant Terms andConditions, policies or notices. You acknowledge that by visiting the Websitefrom time to time, you shall become bound to the current version of therelevant Terms and Conditions (the "current version") and, unlessstated in the current version, all previous versions shall be superseded by thecurrent version. You shall be responsible for reviewing the then currentversion each time you visit the Website.
Miscellaneous
These Terms and Conditions are binding upon theparties and their respective successors and permitted assigns.
These Terms and Conditions will not be assignable or transferable by youwithout our prior written consent.
No failure or delay by a party in exercising any right, power or privilegeunder these Terms and Conditions will operate as a waiver thereof, nor will anysingle or partial exercise of any right, power or privilege preclude any otheror further exercise thereof or the exercise of any other such right, power, orprivilege.
You and One Mall are independent contractors, and no agency, partnership, jointventure, or employee-employer relationship is intended or created by theseTerms and Conditions. The invalidity or unenforceability of any provision ofthese Terms and Conditions will not affect the validity or enforceability ofany other provision of these Terms and Conditions, all of which will remain infull force and effect.
Governing Law
These Terms and Conditions shall be governed byand construed in accordance with the laws of Malaysia without giving effect toany principles of conflict of law, and any disputes arising in connection withthis Website, or any relevant terms and conditions, policies and notices or anymatter related to or in connection therewith shall be subject to thenon-exclusive jurisdiction of the courts of Malaysia.
Current version of the Terms and Conditions effective as of 28 May 2014
2006-2021 © One Dental Supply & Marketing S/B Malaysia