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Malaysia Software store

Terms & Conditions

Entire agreement

If you require a complete delivery of your orders, please enter an X in the Complete Delivery field on the shipping screen of the customer master record. The indicator is copied into the order header, which you can also use for the purpose.

Controlling terms

Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller. Top Modern Technology (002619287-P) also known as "TOMOTE".

Acceptance of orders

Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.

Acceptance of Terms

When you access this site, you acknowledge that you have read and agree to the terms described below. If you do not agree to the terms discussed here, you should exit the site and refrain from placing any order. These terms of use are a legal agreement between us and describe the terms and conditions applicable to your use of our website and the services we offer including the sale of products to consumers. You must read, agree with and accept all of the terms and conditions contained in this agreement and our Privacy Policy. This agreement includes those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that you also access and read any other information contained on other pages or websites referred to in this agreement, as they may contain further terms and conditions that apply to you.

It is your responsibility to make sure that your order contains acceptable and approved items for import into the country of destination/delivery. The buyers solely accept the full risk of any package (or part thereof) being detained by customs for whatever reason and acknowledge and agree that they will not hold Enaga Legacy liable for such packages, for whatever reason being unable to be delivered to their destination.

Your Conduct and Use Limitation – You shall not carry out any act or omission or procure any act or omission which would:

(a) disrupt, impair or interfere with, alter or modify this website or its software;

(b) act in a way that affects or reflects negatively on us or anyone else;

(c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent;

(d) engage in any activities in such a manner as to expose Enaga Legacy or any third party to liability or adversely affecting the name, reputation or business of us or any such third party;

(e) commit a crime or in the course of committing a crime or for an unlawful purpose to do any act that may damage the network or systems or cause the quality of Enaga Legacy to be impaired;

(f) violating or attempting to violate the security of the website;

(g) Cause any illegal, offensive, defamatory material to be placed on or associated with this website;

(g) b in breach of any copyright, trade mark, privacy, confidence, or any other third party right;

(h) cause any inconvenience to Enaga Legacy, its employees, servants, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and ‘spam’).

NOTE: Violations of system or network security may result in civil or criminal liability.

Prices

Unless otherwise indicated on the face of the invoice, all prices are quoted on a per Ringgit @ RM basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due here-under against any amounts which may become payable to Seller under any other agreement.

Delivery

Unless otherwise agrees in writing signed by officer of Seller, all delivery dates are estimates Seller shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver Product by the specified date. We shall endeavor to deliver your order within 1 – 14 working days upon successful payment confirmation unless otherwise specified. You should be able to receive your order within 3-25 working days (excluding Saturday, Sunday or Public Holiday) after shipment date, depending on the shipping courier you have chosen. TOMOTE is committed to ensure that your orders are delivered to you safely and on time. Therefore, only the authorized receiver shall be permitted to accept the delivery. Please make sure that the authorized receiver is present to make the authorized signature. TOMOTE reserve the rights not to release the delivery in the absence of the authorized receiver. TOMOTE is making every effort to deliver your order within the time stated. However, due to certain unforeseen circumstances, slight delay in deliveries might occur, TOMOTE will not be liable for any loss caused to you by late or delayed delivery. In the event if your package is lost by the shipping courier and your package has not been insured, we will only replace the lost products with the amount that is declared on the invoice according to your request.

Licensing of the products.

The below products are limited and exclusively for Malaysia Region only as per agreed between our company and Malaysia Distributors. The activation will need to be done INSIDE MALAYSIA ONLY.

  1. ESET Products.
  2. Bitdefender Products.

 And others that might being updated from time to time. If you are from outside Malaysia, most of our products sold here are not eligible for you. 

Transportation and risk of loss

The method and route of shipment are at Seller’s discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if Seller made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.

Orders will be charged packing and post based on the weight of the order. Packing and post costs will be added to your order total. Please note that due to varying size and weight of our products, and different postage rate to each country, the postage and packing costs will be calculated on an individual basis. The item will be shipped or sent to your email once payment is fully received on our account. Once your package has been shipped out, we shall not be held responsible/liable if any of the products are missing or damaged during shipping. Enaga Legacy recommends that you insure your packages and declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in shipping. Please check your delivery address carefully as we will not be responsible for delivery to an incorrect address. The customer shall be responsible for the cost to resend a package that is returned because of an incorrect address.

The shipping cost that you paid does not includes tax and duties or any other extra charges impose by your local custom.

If you have instructed us to create a lower value invoice for you and in the event that the parcel or package is lost during shipment, Fedex, DHL, UPS or any shipping agents shall only compensate on the lower invoice value for your order that you instructed us to put.

We reserve the right to put whatever amount of this order value in the shipping invoice if there is no request to change the order value or even if you have state an order value for us.

We do not entertain request for shipping packages in multiple parcels.

Cancellation or modification

Any order placed with and accepted by Seller may be canceled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Seller will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Seller will not accept cancellations of special orders of non-standard, non-price list products. Seller may cancel all or any part of this order and discontinue its performance here-under without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.

Taxes

Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Seller’s facilities. Applicable freight costs will be added to the invoice.

3rd party payment Gateways

Seller are using 3rd party payment Gateways to help you fasten the order process and the payment process automatically. Seller chose SenangPay as its 3rd party payment processor. Seller are not held responsible for any transaction happened between the buyer and the 3rd Party payment processor. However, seller can under its own jurisdiction can chose voluntarily to assist in any issues that occurred with the 3rd Party payment processor.

Warranty and disclaimer

Seller warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such. THIS SITE IS PROVIDED BY TOMOTE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOMOTE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOMOTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TOMOTE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE TOMOTE WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation of liability

Buyer acknowledges and agrees that seller’s liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on seller’s liability here under shall apply even if seller’s liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action as accrued.

Return of material

Upon delivery of Product, Buyer shall have five (5) days to inspect Product and notify Seller, in writing, of any defective goods or other cause for rejection. Buyer agrees that five (5) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such five (5) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.

Indemnity

Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.

Payment

Payment can be chose either ATM transfer which our bank account number will be reveal at the end of transaction or payment via SenangPay, out 3rd party payment processor. Seller shall not been held responsible for any 3rd party payment Gateway activities or the way they collect your information. Payment must be made within 7 days. Buyer shall reimburse Seller for any costs incurred in collecting past due sums or any other amounts owed by Buyer for any reason whatsoever, including, but not limited to, court costs and attorneys’ fees. Buyer is responsible to keep any receipt for any payment transaction as a proof if in any unforeseen circumstances happened during the transaction.

Governing law and arbitration

This document shall be interpreted and governed by the law of the Malaysia Government, excluding its conflicts of laws rules. The parties specifically exclude the application of the United Nations Convention on the Sale of Goods. 

Delivery Period

We shall endeavor to deliver your order within 1 – 14 working days upon successful payment confirmation unless otherwise specified. You should be able to receive your order within 3-25 working days (excluding Saturday, Sunday or Public Holiday) after shipment date, depending on the shipping courier you have chosen. TOMOTE is committed to ensure that your orders are delivered to you safely and on time. Therefore, only the authorized receiver shall be permitted to accept the delivery. Please make sure that the authorized receiver is present to make the authorized signature. TOMOTE reserve the rights not to release the delivery in the absence of the authorized receiver. TOMOTE is making every effort to deliver your order within the time stated. However, due to certain unforeseen circumstances, slight delay in deliveries might occur, TOMOTE will not be liable for any loss caused to you by late or delayed delivery. In the event if your package is lost by the shipping courier and your package has not been insured, we will only replace the lost products with the amount that is declared on the invoice according to your request.