Terms & Conditions
Effective Date: 1st February 2017
i. General Terms
References in this Terms & Conditions to “we”, “us”, “our” and “Middlepoint” are to Middle Point Top Enterprise (Company No: KC036076-D) of Tingkat Atas No.4, Jalan Zamrud 1, Taman Pekan Baru, 08000 Sungai Petani, Kedah, Malaysia. Access to and use of this Website and the products and services available through this website www.middlepoint.com.my (the “Website”) (hereinafter collectively referred to as the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using our Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time and made available on this Website. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without any notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
a. Information We Collect
We receive and store any information that you provide to us, either directly or through your use of our Services. For example, when you register with us, we may ask you to provide certain Personal Data, including but not limited to your name, email address, gender and password. When a purchase is made on the site, in addition to the above, we may also ask for delivery address and payment details which will not be stored in our site.
We may also collect Personal Data from you through other sources, such as when you contact us with inquiries, respond to one of our surveys, or use certain Services.
Your Personal Data that we collect shall be retained for such period that we deem necessary for the purpose of the collection of your Personal Data.
b. Usage of Information
The Personal Data we collect is used for such purposes as setting up and personalizing your account, enhancing our Service’s functionality or features, responding to your requests and communications, providing you with information about specials and promotions, to otherwise operate our business and for such other purpose which we deem fit and suitable. We may also share certain Personal Data including but not limited to names, email addresses or other profile information, with our business partners so that they may better serve you with offers or otherwise.
c. Sharing of Information
We may contract with other companies to provide certain services, including credit card processing, shipping, name and address verification, market research and promotions management. We provide these companies with only the information required to perform their individual task. These companies are prohibited from using this information for their own marketing purposes or from sharing this information with anyone other than Middlepoint. Middlepoint reserves our right to pass your Personal Data to any third parties which we believe to be necessary.
We may disclose your Personal Data upon governmental request, in response to a court order, or when required by law to do so. We may also share your Personal Data with companies assisting in fraud protection or investigation.
d. Access to Personal Data and Correction
You may contact us by e-mailing us at email@example.com to inquire about your Personal Data and to make correction(s), if any. We shall respond to your inquiry and make such correction within a reasonable time.
You must not misuse this Website. Without limiting the breadth of the foregoing, you will not: commit, facilitate or encourage a criminal offence; transmit or distribute a virus, Trojan horse, worm, logic bomb, or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of Middlepoint or its partners involved in the operation and maintenance of this Website. You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive, launching or facilitating any denial of service attack on the Website, or using any scraper, robot, spider, or other automated mechanism to access the Website or download content. We reserve the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these Terms of Service. You hereby acknowledge and consent to such monitoring.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Children Under 18
You hereby affirm that you are at least 18 years old, as this Website is not intended for use by children under 18 years of age. If you are under 18 years of age, please do not use the Website or Services.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Middlepoint or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Middlepoint and its licensors. You may store, print, and display the content supplied solely for your own personal use. 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 this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Middlepoint or its licensors.
Sharing Your Content and Information
Middlepoint does not claim any ownership rights on any comments, files, photos, images, works of authorship, applications, or any other materials (collectively, “Content”) that you publish and/or through, or create on Middlepoint. By displaying or publishing any Content on or through Middlepoint's website, you hereby grant Middlepoint a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Website in any media formats through any media channels.
When you share your published Content on a third party website, including but not limited to Instagram, Facebook, Twitter, Pinterest, and YouTube, you will be subject to their privacy policies, terms and data sharing rights. Your shared published Content will be subject to your own privacy and sharing settings on these third party websites.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Shipping notice for further information.
In order to contract with Middlepoint you must be 18 years of age or over and possess a valid credit or debit card issued by a bank acceptable to us. Middlepoint retains the right to refuse any request made by you. If your order is accepted we will inform you by e-mail and we will confirm the identity of the party which you have contracted with. This will usually be Middlepoint or may in some cases be a third party. Where a contract is made with a third party, Middlepoint is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate based on the currency which is not within our control. All prices advertised are subject to such changes.
a. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this e-mail will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
b. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as it is reasonably possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we shall treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
d. Discount Codes
Account discount codes – Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Middlepoint and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Middlepoint and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Middlepoint.
You agree to indemnify, defend and hold harmless Middlepoint, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments. You may forward to us your complains and/or your comments at firstname.lastname@example.org
We hereby reserve our rights to take any actions and remedies against you at any time for any breach of the conditions herein contained and/or for any damages, losses, claims, demands and actions taken against us
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Malaysia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Malaysia courts.