MAUNOW Terms & Conditions

INTRODUCTION

Welcome to www.maunow.my website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, Parkson Credit Sdn Bhd (201401016600, 1092686P), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. “MAUNOW” means Parkson Credit Sdn Bhd (201401016600, 1092686P), a company incorporated in Malaysia under registration number 1092686P

By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

USE OF THE SITE

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

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

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

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

USER SUBMISSIONS

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

ORDER ACCEPTANCE AND PRICING

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

We are determined to provide accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed on your transaction or bank account charged.

TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

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

Terms of Use

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who accepts the price and items display at Maunow for the supply of Goods or who otherwise enters into a contract for the purchase of Goods with Maunow;

"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Maunow;

"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;

"Goods" means the goods (including any instalment of the goods or any parts for them) which Maunow is to supply in accordance with a Contract;

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

“Maunow” means Maunow platform is wholly owned by and belonged to Parkson Credit Sdn Bhd incorporated in Malaysia under company registration number of (201401016600, 1092686P) and having its registered address at Level 7, Lion Office tower, No.1, Jalan Nagasari, 50200,Kuala Lumpur, Malaysia.

"Maunow" is a platform for internal consumptions for brands represented by Parkson Credit to enable collaboration with all partners.

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

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

2. Basis of the Contract

2.1 The supply of Goods by Maunow to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2 Any information made available in Maunow website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.

2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer and Maunow.

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

3. Orders and Specifications

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

3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Maunow and on terms that the Buyer shall indemnify Maunow in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by Maunow as a result of the modification or cancellation, as the case may be.

4. Price

4.1 Price

The price of the Goods and/or Services shall be the price stated in Maunow website at the time which the Buyer makes its offer purchase to Maunow. Buyer shall be liable to pay Maunow on any additional charges to the price for any items that excludes additional for the cost of packaging, delivery charges, any applicable goods and services tax, value added tax or similar tax.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the payment methods set out in Maunow’s website. The terms and conditions applicable to each type of payment, as contained in Maunow’s website, shall be applicable to the Contract.

5.2 In addition to any additional terms contained in Maunow’s website, the following terms shall also apply to the following types of payment:

5.2.1 Online Transfer Banking via DuitNow using Bank Account or TouchNGo e-wallet.

i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to Parkson Credit Sdn Bhd account for the total amount of the Buyer’s purchase (including any applicable taxes, fees, shipping costs or any additional charges). The transaction must be payable in Ringgit Malaysia. Maunow, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

ii. Buyer must provide Maunow with the transfer receipt or payment transaction reference for verification purposes as payment confirmation. If payment confirmation is not received by Parkson Credit within five (5) days, Buyer’s order will be cancelled.

iii. . If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to Maunow, Maunow shall be entitled to cancel the order or suspend any deliveries of the Goods until payment is made in full to Parkson Credit Sdn Bhd

5.2.2 Credit Cards, Direct Debits or Debit Cards (Not Available at the moment)

Credit cards, Direct debit or Debit Cards services are not available at Maunow platform at the moment.

5.2.3 Cash On Delivery (Not Available at the moment)

Cash on Delivery (Pay cash upon delivery) service is not available at the moment for all purchases at Maunow.my

5.3 At the moment, Maunow customers is only able to make payment for their orders via DuitNow online transfer payment using customer bank account transfer or TouchNGo e-wallet. Hence, Users are required to provide Maunow with his/her banking details in order to receive refund payments i.e. from the sale of item or return refund from Maunow.

6. Delivery/Performance

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

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

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

6.4 If the Buyer fails to take delivery of the Goods, Maunow will not be responsible to deliver again the good to the buyer.

6.5.1 If the buyer request another trip for delivery the buyer will have to pay for any additional shipping cost incurred and make payment to Parkson Credit Sdn Bhd before Maunow arrange to re-deliver to the buyer. 

7. Risk and property of the Goods

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Maunow has tendered delivery of the Goods.

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

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

7.5 Until the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) Maunow shall be entitled at any time to demand the Buyer to deliver up the Goods to Maunow and in the event of non-compliance Maunow reserves it’s right to take legal action against the Buyer for the delivery up the Goods and reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

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

7.8 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

7.9 The Buyer shall indemnify Maunow against all loss damages costs expenses and legal fees in-cured by the Buyer in connection with the assertion and enforcement of Maunow’s rights under this condition.

8. Warranties and Remedies

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

8.2 Subject to this Condition 8, Maunow warrants that the Goods will correspond with their specification at the time of delivery.

8.2.1 Maunow’s above warranty concerning the Goods is given subject to the following conditions:

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

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

(c) Maunow 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 Maunow’s opinion in that behalf. Maunow does not give any warranty as to the quality state condition or fitness of the Goods.

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

(e) Maunow shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Maunow’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Maunow’s approval.

(f) Maunow is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Maunow’s prior written approval and the Buyer shall indemnify Maunow against each loss liability and cost arising out of such claims.

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

(h) Maunow shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

8.2.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to Maunow within five days 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 defect or failure. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. Maunow shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer 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 Maunow had contracted to deliver.

8.2.3 If the Buyer does not give due notification to Maunow in accordance with the Condition 8.2.2, Maunow shall have no liability for any defect or failure or for any consequences resulting therefrom. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to Maunow in accordance with Condition 8.2.2, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair or replacement, Maunow may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against Maunow.

8.2.4 When Maunow has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become Maunow’s property.

9. Force Majeure

9.1 Maunow shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Maunow’s obligations if the delay or failure was due to any cause beyond Maunow’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Maunow’s reasonable control:

9.1.1 Act of God, explosion, flood, tempest, fire or accident;

9.1.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;

9.1.3 Acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;

9.1.4 Import or export regulations or embargoes;

9.1.5 Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Maunow or of a third party);

9.1.6 Interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;

9.1.7 Power failure or breakdown in machinery.

9.2 Upon the happening of any one of the events set out in Condition 9.1 Maunow may at its option:-

9.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;

9.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and Maunow shall not be liable for any loss or damage suffered by the Buyer as a result thereof.

10. Maunow or Parkson Loyalty Program

10.1 Definitions
In these terms and conditions, unless the context specifies otherwise:

10.1.1“Maunow” means Maunow platform is wholly owned by and belonged to Parkson Credit Sdn Bhd incorporated in Malaysia under company registration number of (201401016600, 1092686P) and having its registered address at Level 7, Lion Office Tower, No.1 Jalan Nagasari, 50200 Kuala Lumpur, Malaysia.

10.1.2 " Maunow  Member(s)/Maunow User/ Maunow Membership” means a Maunow customer, who is enrolled as a user through the Maunow . Membership to the program is governed by these rules set by Maunow for this program which are subject to change.

10.1.3 " Maunow Account/ Maunow Membership” means the account where the Maunow Member's Maunow Points will be accumulated (if there is any).

10.1.4 " Maunow Network" means all the Maunow Partners and Maunow for the time being taken as a whole.

10.1.5 " Maunow Partner" means any or all of the present or future entities, partners, shops, departmental stores, airlines, hotels, restaurants, car rental companies and other participating establishments in the program.

10.1.6 " Maunow Rewards or Redemption" means the items which are redeemable or any activity which results in exchange of Maunow Points by Maunow member for Maunow Rewards on the Maunow site

10.1.7 "Working Days” means the period from Monday to Friday (09:00 -18:00).

10.2. General Conditions
10.2.1 Maunow Account is not a payment medium or payment instrument.

10.2.2 Maunow Account is non-transferable, except as specified in this terms and conditions. Maunow Points (If there is any) are non-negotiable, nonredeemable by cash and cannot be gifted, awarded or rewarded to any other person than the Maunow Member himself.

10.2.3 Maunow Users will be personally liable for any costs, taxes, charges, claims or liabilities of whatever nature arising from the provision or availability of benefits, facilities or arrangements provided.

10.2.4 Maunow will endeavor to ensure that the services, benefits, facilities and arrangements as expressed or advertised by the Maunow Partners will be available to the Maunow users. However, Maunow will not be liable for any loss or damage, whether direct or indirect, arising from the provision or non-provision whether whole or part, of any such services, benefits, facilities or any other arrangements by the Maunow Business Partners.

10.2.5 When a Maunow Users seeks to use or obtain any of the services, benefits, facilities and arrangements as offered by the Maunow Business Partner, the provisions of such services, benefits, facilities or arrangements will be subject to the respective terms and conditions of the Maunow Business Partner, being the provider of the said benefits, facilities and arrangements.

10.2.6 Maunow shall not be liable for any loss or damage, whether direct or indirect, resulting from termination or change of the Program or any of its facilities, benefits or arrangements which are made available to the Maunow Users, including without limitation, Maunow Business Partner's withdrawal or the limiting of any such services, benefits or facilities.

10.2.7 The Program of Maunow may be modified at the sole discretion of Maunow from time to time without intimation to the Maunow Users.

11. Notices

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

12. Liability

12.1 Maunow shall accept liability to the Buyer for death or injury resulting from its own or that of its employees' negligence. Save as aforesaid, Maunow’s liability under or in connection with the Contract shall be subject to the limitations set out in this Condition 12.

12.2 Maunow shall be under no liability whatsoever where this arises from a reason beyond its reasonable control as provided in Condition 9 or from an act or default of the Buyer.

12.3 The remedies set out in Condition 8 are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods or Services and Maunow’s liability for the same shall be limited in the manner specified in Condition 8.

13. Termination

13.1 On or at any time after the occurrence of any of the events in condition 12.2 Maunow may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.

13.2 The events are:-

13.2.1 The Buyer being in breach of an obligation under the Contract;

13.2.2 The Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;

13.2.3 The making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;

13.3 The Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

14. General

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

14.2 No waiver by Maunow of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

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

14.4 No person who is not a party to this Contract (including any employee representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.2.

14.5 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 15.7.

14.6 Except as provided for in Clause 15.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLRCA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

14.7 Notwithstanding Clause 15.6, Maunow shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.

14.8 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.

14.9 Maunow reserves their right to these terms and conditions of sale at any time.

Last Updated: 27^th September 2022