TERMS AND CONDITIONS 

  1. INTRODUCTION 

Welcome to the tmaz.com.my website (the “Site”). These terms and conditions  (“Terms and Conditions”, “Terms of Use”, “Terms”) apply to the Site, Power Tree  Enterprise Sdn. Bhd. (518609-M) (here by referred as Power Tree). 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. 

  1. 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 Power Tree 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 Power  Tree or third parties as to the origin of any Submissions. We may, but shall not be  obligated to, remove or edit any Submissions. 

  1. ONLINE STORE TERMS 

By agreeing to these Terms of Use, you represent that you are at least the age of  majority in your state or province of residence and you have given Power Tree your  consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorized purpose nor may you, in  the use of our products or services, violate any laws in your jurisdiction (including but  not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature.

  1. 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. You understand that your content (not including credit or debit card information), may  be transferred unencrypted and involve (a) transmissions over various networks; and  (b) changes to conform and adapt to technical requirements of connecting networks  or devices. Credit card information is always encrypted during transfer over networks. We are determined to provide the most 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 and your credit card or bank account charged. The price of the Goods and/or Services shall be the price stated in this website at the  time which the Buyer makes its offer purchase to Power Tree Enterprise Sdn. Bhd.  The price excludes the cost of packaging and delivery charges, any applicable goods  and services tax, value added tax or similar tax which the Buyer shall be liable to pay  to Power Tree Enterprise Sdn. Bhd. in addition to the price. 

  1. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole  discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account,  the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify  you by contacting the e-mail and/or billing address/phone number provided at the time  the order was made. We reserve the right to limit or prohibit orders that, in our sole  judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account  information for all purchases made at our store. You agree to promptly update your  account and other information, including your email address and credit card numbers  and expiration dates, so that we can complete your transactions and contact you as  needed. 

  1. RETURNS AND EXCHANGE 

Goods sold are not refundable, returnable or exchangeable except when you received  incorrect or defective goods. Please refer Return Policy below for details. On the exchange of defective goods, Buyer will need to bear the shipping charges for  returning the defective item to us. Buyer must ensure returning goods are properly  packed and to duly inform Power Tree any shipping advice or information once the  goods are in the process of shipment.  

Alternatively, for convenience sake and with prior arrangement, Power Tree may  advice Buyer to return goods to Power Tree nearest dealer or partner.  

We will send replacement goods as soon as Power Tree (or respective dealer/partner) has inspected returning goods and found returning goods are in proper order. 

  1. RETURN POLICY 

All goods sold are covered under a 7-Day (from the arrival date of Goods at Buyer’s  shipping point) Easy Return Policy based on a valid return reason and additional  feedback given by the Buyer. Buyer may only apply for return of the purchased Goods  in the following circumstances: 

i) the Goods delivered to Buyer are defective and/or damaged on delivery;

ii) the Goods delivered to Buyer are materially different from the description provided by on Site in the listing of the Goods; 

iii) the Goods delivered to Buyer do not match the agreed specification (e.g. wrong size, models, etc.) as stipulated in the order

Buyer should inspect the Goods received immediately within the 7 days return validity period. Buyer can contact Power Tree directly via the website or email, as applicable. In the event that Buyer is unable to resolve any dispute with the Seller directly through amicable negotiations, Power Tree reserves the right to suggest and implement an appropriate resolution at its sole discretion. 

Buyer’s returned goods may be rejected by the Power Tree if the goods do not meet the requirements of: 

i) returned goods must be in the same condition as it was received;

ii) returned goods must be packed properly to ensure a safe shipping;

iii) returned goods must be within the accepted dimension for specific drop off courier service.

  1. 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 the property of Power Tree. 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. 

  1. 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. 

  1. 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. 

  1. 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 of Power Tree Enterprise Sdn. Bhd., in operating the Site, your sole and  exclusive remedy is to discontinue using the Site. 

  1. OPTIONAL TOOLS 

Power Tree may provide buyer with access to third-party tools over which we neither  monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools ”as is” and “as  available” without any warranties, representations or conditions of any kind and  without any endorsement. We shall have no liability whatsoever arising from or relating  to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk  and discretion and you should ensure that you are familiar with and approve of the  terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website  (including, the release of new tools and resources). Such new features and/or services  shall also be subject to these Terms of Use.

  1. TRANSMISSION OF PERSONAL DATA 

You have read our site policy which sets out the terms that specifically govern the  collection, use, retention and disclosure of your personal data. Accordingly, you have  agreed to the terms of our site policy and given your consent to the collection and  transfer of your personal data according to the terms of our site policy. 

  1. CONFIDENTIALITY OF USER COMMUNICATION 

Except as required by law and in accordance to our site policy, any communications  or materials that you send to the Site by electronic mail, postings or otherwise,  including any data, questions, comments, suggestions or the like are and will be  treated as non-confidential and non-proprietary. Power Tree reserves the right to freely  use these transmissions and postings by you for any purpose, including, but not limited  to, reproduction, disclosure, transmission, publication, broadcast, and posting, without  any compensation to you. Power Tree will assume no responsibility and will not be  liable for any unauthorized or unlawful interception or modification of any  communication between you and us (whether by electronic mail or otherwise), or for  any loss or damage arising thereby (including but not limited to any loss or damage  arising out of the unauthorized or fraudulent use of any information contained in or  made accessible via such communication). 

  1. TERM OF PAYMENTS 

All prices are stated in Malaysia Ringgit (MYR). 

In addition to any additional terms contained in the Site, the following terms shall also  apply to the following types of payment: 

i) Credit Card and Debit card 

ii) Credit Card and debit card payment option available at the Site. 

iii) Online Banking 

     a. By choosing this payment method, the Buyer shall transfer the  payment for the Goods to Power Tree’s account for the total amount 

of the Buyer’s purchase (including any applicable taxes, fees and  shipping costs). The transaction must be payable in Ringgit Malaysia, Power Tree, in its sole discretion, may refuse this payment option  service to anyone or any user without notice for any reason at any  time.

    b. For the time being, Power Tree accepts payment whichever bank that  accepts by our payment gateways

    c.Power Tree prefers Buyer to make payment via internet bank transfer  or a manual ATM bank transfer with information such as the bank  transfer slip/transfer receipt duly communicated to Power Tree. 

  1. SHIPPING POLICY 

i) Shipment of the Goods shall be made to the address specified by the  Buyer in its order. 

ii) Shipping of Goods will only be initiated upon clearance of payment. iii) Power Tree Enterprise Sdn. Bhd. 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. 

iv) Any dates quoted for delivery of the Goods are approximate only. The  time for delivery/performance shall not be of the essence, and Power  Tree Enterprise Sdn. Bhd. shall not be liable for any delay in delivery or  performance howsoever caused. 

v) Power Tree Enterprise Sdn. Bhd. will pack Paid orders from our  warehouse within 1 to 3 working days upon clearance of payment of  Buyer’s order, thus, Estimated Time of Departure (ETD) from our  warehouse, at the latest, is at the 3rd working day. Estimated Time of  Arrival (ETA) to Buyer’s shipping point from the time of order  confirmation is estimated at the latest 7 working days. 

vi) We are not be responsible for the parcel lost or damage in the transit. 

  1. GENERAL ORDER POLICY 

i) All prices are stated in Malaysia Ringgit (MYR).

ii) Site will not allow to any amendments or cancellation once the order is  confirmed and paid. 

iii) Items colours may appear slightly different in reality due to lighting  conditions, or different computer resolutions. We do however strive to  ensure that screen colours are true to life, as much as possible. 

iv) No stock can be reserved until successful payment is received. v) If for any reason the product that buyer’s ordered are out of stock, we  will contact buyer either offering an alternative product or to replace another item of similar price. Buyer has discretion to reject such offer. vi) 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. 

vii) 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. 

viii) Power Tree reserves their right to these terms and conditions of sale at  any time.