Terms & Policy
SALES CONTRACT

PLEASE READ THIS DOCUMENT CAREFULLY BECAUSE IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Contract contains the current terms and conditions that apply to your purchase from us on order of any product or products listed as shopping items on this Website ("Products"). You acknowledge that you are fully aware of the contents of these terms and conditions and, on placing any purchase order for the Products, you agree to be bound by and accept these terms and conditions.

DEFINITIONS
1. "Xotapoint" means Xotapoint Sdn. Bhd. (424123-W).

2. "Product(s)" means product(s) and/or its/their peripheral product(s) by Xotapoint listed as shopping items on this Website (including but not limited to Xotapoint Products) and forming the subject matter of this contract as identified by Customer in the order form.

3. "Customer" means a person who orders goods via this Website.

4. "Contract" means a contract containing these terms and conditions agreed upon between Xotapoint and Customer for sale by Xotapoint and purchase by Customer of the Products.

5. "Accessories" means optional or peripheral accessories sold for use with Xotapoint Products.

6. "Reference Number" means the Order Number automatically generated and provided to Customer by Xotapoint upon Customer placing an order.

7. "Working Day" means a day, on which commercial banks in Kuala Lumpur are open for business, excluding Saturdays.

SALES & PURCHASE
Xotapoint shall sell and Customer shall purchase the Products in compliance with the Contract.

ORDER/ FORMATION OF PRODUCT
1. All orders of the Products placed by Customer via this Website shall be subject to acceptance by Xotapoint, which acceptance is at the discretion of Xotapoint. Upon Customer placing an order, a unique Customer Reference Number will be automatically generated and provided to Customer to facilitate tracking of Customer's order. The provision of such Reference Number does not operate as an acceptance of Customer's order and merely serves as confirmation that Customer's order has been received by Xotapoint.

2. Xotapoint will only accept orders for delivery of the Products to the Customer who have attained the age of 18 years.

3. Xotapoint reserves the right to limit quantities of the Products purchased in any order.

PRICE & PAYMENT
1. Pricing of the Products shall be as stipulated in the official price lists published by Xotapoint from time to time in force as at the date of placement of orders by Customer.

2. Product Prices include all Malaysian taxes that may be imposed on the transaction under the Contract but are exclusive of transportation costs from Xotapoint to Customer, which shall be borne by the Customer.

3. All transactions are to be conducted and payable in Ringgit Malaysia (RM), unless otherwise indicated.

DELIVERY
(1) The delivery process will only be initiated after payment has been validated. Xotapoint shall endeavour to arrange to deliver the Products to the delivery point designated by Customer in his or her purchase order. Xotapoint will use its discretion in selecting a reputable carrier and appropriate means of shipment, and shall endeavour to notify the Customer of the estimated date of delivery as soon as is reasonably possible. Unless the Customer specifically nominates a named individual or individuals to take delivery of the Products during the ordering process, delivery to any individual or individuals present at the delivery point designated by Customer in his or her purchase order shall be deemed good and sufficient delivery of the Products to the Customer. Where the Customer has specifically nominated a named individual or individuals to take delivery of the Products, Xotapoint shall be entitled but not bound to request sight of the identity card or other identification document of the relevant individual or individuals before making delivery of the Products to such individual or individuals, and shall be entitled to accept any document purporting to identify an individual or individuals as the individual or individuals nominated by Customer, at its face value.

(2) Any dates quoted by Xotapoint for delivery of the Products are estimates only and shall not form part of the Contract. In no event shall Xotapoint be liable for increased cost, loss of profits or goodwill or any other special, incidental direct or indirect or consequential damages due to late delivery or non-delivery of the Products.

(3) If Customer fails to take delivery of the Products or any part of them when they are made available to Customer or fails to provide accurate instructions, documents, licenses, consents or authorisations required to enable the Products to be delivered, Xotapoint shall be entitled, upon giving written notice to Customer, to store or arrange for storage of the Products, and then risk in the Products shall pass to Customer, delivery shall be deemed to have taken place, and Customer shall pay to Xotapoint all costs and expenses (including storage and insurance charges) arising from its failure.

ACCEPTANCE
Unless Customer notifies Xotapoint to the contrary by telephone, facsimile transmission or telex within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of the notification, the Products shall be conclusively deemed to have been accepted by Customer as being in good condition and in accordance with the Contract. Subject to the Customer's statutory rights, Xotapoint will not entertain any request to return or exchange Products. In the case of defective Products under warranty which fall within the ambit of Section 8 below, Xotapoint reserves the right, at its sole discretion, to repair such defective Products in lieu of replacing the same with equivalent products.

TITLE, RISK OF LOSS OR DAMAGE
Title and risk of loss or damage to the Products shall pass to Customer on the physical delivery of the Products to the address identified by the Customer in the order. Notwithstanding the foregoing, title to the Products that are software products shall remain with the applicable licensor(s).

LIMITED WARRANTY
(A) PRODUCTS
(1) For a period of one (1) year from the date of delivery, Xotapoint warrants that the Product is free from defects in materials and workmanship and is in conformity with the respective specifications of the Product.

(2) Upon discovery of a defect in materials, workmanship or failure to meet the specifications of the Product during such one (1) year period, Xotapoint shall, at Xotapoint's sole discretion, either repair such Product or replace it with the equivalent product without charging any technical labour fee and repair parts cost to Customer, on the condition that within such one (1) year period Customer sends such Product to Xotapoint service centres. In case of repair or replacement, Xotapoint shall own all the parts removed from the defective Products. Xotapoint may use new and/or reconditioned parts made by various manufacturers in performing warranty repairs and replacing Products. In the event that Xotapoint repairs or replaces a Product, the original one (1) year warranty term for such Product is not extended.

(3) Save as aforesaid, this limited warranty covers only the hardware components contained in the Product. Save as aforesaid, it does not cover technical assistance for hardware or software usage and it does not cover any software products contained in the Product; Xotapoint excludes all warranties express or implied in respect of any software provided with the Product and any such software is provided "AS IS" unless otherwise expressly provided for in any enclosed software limited warranty bundled with the Product. Please refer to the End User License Agreements included with the Product for Customer's rights with regard to the licensor or supplier of the software parts of the Product and the parties' respective obligations with respect to the software.

(4) This limited warranty is non-transferable.

(5) This warranty is limited as set out herein and does not cover, inter alia, any consumable items (such as batteries) supplied with the Product; any accessory products which are not contained in the Product (such as mouse, port replicator, AC adapter and speaker); cosmetic damages; damage or loss to any software programs, data, or removable storage media; or damage due to (1) acts of God, accident, misuse, abuse, negligence, commercial use or modifications of the Product; (2) improper operation or maintenance of the Product; (3) connection to improper voltage supply; or (4) attempted repair by any party other than a Xotapoint authorised service facility.

(6) This limited warranty does not apply when the malfunction results from the use of the Product in conjunction with any accessories, products or ancillary or peripheral equipment, or where it is determined by Xotapoint that there is no fault with the Product itself. This limited warranty is invalid if the factory-applied warranty sticker has been altered, defaced or removed from the Product.

(7) XOTAPOINT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW.

(B) ACCESSORIES
(1) Xotapoint does not provide any warranties in respect of Accessories.

(2) WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, XOTAPOINT EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THE CONTRACT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD OR PROVIDED PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE., THIS DISCLAIMER DOES NOT AFFECT THE CUSTOMER'S STATUTORY RIGHTS. NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

CRITICAL COMPONENTS
The Products are not authorised for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

CHANGES
Xotapoint may update or discontinue any of Products and/or revise prices for the Products listed as available items on this Website or elsewhere at any time. Therefore, Customer agrees that changes between the shipped Products and the Products described in marketing materials (advertisements, catalogues, specification sheets etc.) may occur. All orders are accepted on these terms, which supersede any other terms appearing in this Website or elsewhere and shall override any other terms referred to by the Customer or in any course of dealing.

RESALE
Customer agrees and warrants that the purpose of purchasing the Products is for Customer's own individual or personal use only, and not for resale. Xotapoint shall be entitled to refuse to accept orders placed by Customer if Customer breaches or Xotapoint, on reasonable grounds, suspects that Customer will breach this warranty. Customer shall not remove components from the Products for resale.

EXPORT RESTRICTIONS
Customer agrees to comply with all applicable export laws, regulations and orders of Malaysia. Specifically, but without limitation, Customer agrees that it will not re-export or ship, directly or indirectly, any Products or technical data in any form without first obtaining Xotapoint's prior written consent and the appropriate export or re-export licenses from the Government of Malaysia.

WAIVER/ INVALIDITY
Failure of Xotapoint to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of the Contract is deemed by a court to be unenforceable, the remainder shall stay in effect.

GOVERNING LAW
The Contract shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the non-exclusive jurisdiction of the courts of Malaysia, that being the place where Customer's order has been received and/or entered and accepted.

HEADINGS
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions or the Contract, and no construction or inference shall be derived therefrom.

ENTIRE AGREEMENT
These terms and conditions may not be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for the Product(s) that is subject to additional or altered terms and conditions shall be null and void and of no effect whatsoever.

Terms & Policy
ONLINE PRIVACY POLICY

Dear Xotapoint Customer,
To enable us to provide you with our various products and/or services, we ask you to provide us with your personal information such as your name, address, and telephone number. We may also keep records relating to your access to our web server. For that purpose, cookies may be sent by our server to your system and may be collected by our company due to your access to our server by using your system.

Your information and records described above (hereinafter referred to as the "Information") will be stored and maintained in our database only for a necessary period of time and will be kept in confidence by us.

We intend to use the Information only for the purpose of (1) fulfilling our obligations under any sale and purchase contract and/or any other contract between you and our company, (2) rendering services related to our business such as warranty or after sales services, (3) providing you with our latest product information and other related information from time to time, and/or (4) asking your opinions regarding our products and/or services.

For the purposes described above, our company may share the Information with other departments in our company and/or any associated company in the group either in Malaysia or overseas. The Information may be shared with third parties for the purpose of performing our obligations under a sale and purchase contract and/or any other contract between you and our company. In such case, our company will endeavour to ensure that the recipients do not use the Information other than for the limited purpose determined by our company within the scope of your consent, and will endeavour to ensure that they secure the Information from unauthorised use. The Information may only be disclosed to other third parties in exceptional cases required by laws or regulatory authorities.

Please note that you are given options with respect to whether you agree to the foregoing collection, storage, use and disclosure of the Information by our company, by choosing whether to submit the Information or not. If you submit the Information to our company, this shall be deemed as your consent and agreement to these policies regarding the collection, storage, use and disclosure of the Information by our company. Although it is not obligatory for you to provide the Information to our company, failure to do so may result in our company being unable to sell our products and/or provide certain services including after sales services to you.

Please be advised that our company is not responsible for collection, disclosure and/or use of your personal information provided by you to any third party's web site which is linked to or from our web site. Your access to such linked site, and your providing personal information to such linked web site, are entirely at your own risk.

Xotapoint Sdn. Bhd. (424123-W)

Terms & Policy
LEGAL NOTICES & TRADEMARKS 

Xotapoint Sdn. Bhd. (424123-W)
Xotapoint Sdn. Bhd. (424123-W) ("Xotapoint") maintains this site (the "Site") for your entertainment, information, education, and communication. Please feel free to browse the Site. If you are browsing this Site as a non-commercial consumer, you may download material displayed on the Site for your non-commercial, personal use only.

If you are browsing this Site as an employee/agent/member of any business organisation, you may download material displayed on the Site only for non-commercial purposes within your business or organisation. This permission is specifically conditioned on your retaining all copyright and other proprietary notices contained on the materials. Additionally, you may not distribute or transmit (except, within your business or organisation), modify, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without Xotapoint's written permission.

Your access and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions below.

TERMS & CONDITIONS
1.You should assume that all material on the Site is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site.

2.Your use of the Site is at your risk. Xotapoint makes no warranties or representations as to its accuracy and Xotapoint specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site. Neither Xotapoint nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

3. Features and specifications of products described or depicted on the Site are subject to change at any time without notice. Non-metric weights and measures are approximate. All monitor screens are measured diagonally; all monitor screen images contained in this database are simulated pictures unless otherwise indicated.

4. Xotapoint assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

5. Subject to our Privacy Policy, if you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Xotapoint or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Xotapoint is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. Xotapoint shall assume no responsibility and shall not be liable for any unauthorised or unlawful interception or modification of any communication between you and Xotapoint (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 unauthorised or fraudulent use of any information contained in or made accessible via such communication).

6. Materials displayed on the Site are either the property of, or used with permission by, Xotapoint. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statues.

7. The Site refers to products and/or services that are generally available for purchase in Malaysia but may not be available in your particular country or locality. The reference to any such products or services in this Site does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with your local Xotapoint service center for specific product/service availability in your locality.

8. Xotapoint is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While Xotapoint may provide links on this Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. Xotapoint disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.

9. Although Xotapoint may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Xotapoint is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. Xotapoint will fully cooperate with any law enforcement authorities or court order requesting or directing Xotapoint to disclose the identity of anyone posting such materials.

10. Xotapoint may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and conditions, you should therefore periodically visit this page, by clicking the Terms of Service hyperlink at the bottom of the Xotapoint Web pages, to review the then current Terms and Conditions.

11.These Terms and Conditions are to be governed by and construed in accordance with the law of Malaysia, without reference to its conflicts of law rules.

TRADEMARKS
The trademarks, including but not limited to, "XOTAPOINT", "VIGSYS" and "XOTA" are trademarks/registered trademarks of Xotapoint and/or its affiliates. Any other trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or rights of use any trademark displayed on the Site without the written permission of Xotapoint or such third party owner.