Term & Conditions
TERMS OF SERVICE The following Terms of Service (the “Terms of Service”) govern your access to and use of (1) the Colla Vcard website located at https://collavcard.com (the “Website”), (2) CollaTeam means the Colla Tech Sdn Bhd is a company selling products and/or providing services to the Customer as identified in CollaTeam’s Quotation or invoice or Cash Bill. (3) all other services provided by Colla, as described on the Website (collectively, the “Site”). These Terms of Service form an agreement between Colla by Big Domain Sdn. Bhd. (1255428-V) (“Colla”, “us”, “we”, “our”) and you. We will provide the definitions below for the purpose of these terms of service: Customer: The person or legal entity identified in CollaTeam’s Quotation or Invoice or Cash Bill. Contract: Contract for sale by CollaTeam to the Customer of the products and/or services incorporating the Terms and Conditions. Order Confirmation: A formal acknowledgement such as Delivery order and/or Quotation, of Product and/or service ordered by Customer, sent and/or done by CollaTeam. Price: The price as per CollaTeam Quotation and Invoice and Cash Bill shall have precedence. Product(s) : The products as described in CollaTeam Quotation and Invoice and Cash Bill and may include branded products, third party products and Service Offerings or softwares. Service Offering(s) : The different service options offered by CollaTeam with a given period or without any given period of time. By accessing and using (the term “use” when used herein in respect of the Site shall mean access or use, and using shall have a corresponding meaning) the Site, you accept and agree to be bound by and comply with these Terms of Service. If you do not accept and agree to be bound by these Terms of Service, please do not access or use the Site. If you are accessing or using the Site on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Service. Formation of Contract No Contract shall exist until the Customer’s order has been accepted by CollaTeam. The Customer warrants that it is buying for its own internal use only and not for resale purposes. The Products sold and/or services rendered are subject to these Terms and Conditions to exclude any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither CollaTeam’s acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof. CollaTeam does not provide any refund to the product and/or service purchased at any given time. Customers should be aware of what they want before purchasing. CollaTeam does not exchange any products or services once the customer has purchased them. CollaTeam does not provide any return policy once the product has been sold. Changes to these Terms of Service and Platform Except where prohibited by applicable law, Colla reserves the right to change these Terms of Service at any time without notice. Your continued access to or use of the Site after any changes to these Terms of Service indicates your acceptance of such changes. It is your responsibility to review these Terms of Service regularly. Colla reserves the right to change any information, material, or content (including, price of product, types of products) contained on or provided through the Site (the “Content”) at any time, and from time to time, without notice. WARRANTY AND CLAIM All warranty is governed or followed by the manufactures and/or supplier and or distributor of the products. CollaTeam does not provide or be in liability of any warranty claims. CollaTeam assumes no liability for problems arising from attempts to modify, repair, or support the software made by any individual or entity other than the authorized personnel of the software developer or any person explicitly authorized by the software developer. CollaTeam shall not be held accountable for any consequential damages, including but not limited to loss of data or business interruption, resulting from software faults, issues, or malfunctions. In the event that these software products are used to provide services, CollaTeam explicitly disclaims liability for any associated issues. Users are advised to refer to the terms and conditions provided by the software developer for specific details regarding software warranty and support. SERVICE AND TECHNICAL SUPPORT Technical support will be provided as long as you have made a purchase for the Product. All services and technical support must be done by CollaTeam personnel only. Term And Termination These Terms of Service shall commence on the day you first use the Site and will continue in force until terminated by either party (the “Term”). Either party may terminate these Terms of Service as follows: (1) Colla may terminate these Terms of Service at any time and with immediate effect by giving notice to you, at Colla’s discretion, by email (at your current email address on file with Colla) or through the Site; (2) you may terminate these Terms of Service at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Site) that your User Account be deleted, ceasing use of the Site, and uninstalling and removing all local software components thereof. Linking to the Website and Social Media Features You may link to our homepage, 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 without our express written consent. This Service may provide certain social media features that enable you to: Link from your own or certain third-party websites to certain content on this Service. Send e-mails or other communications with certain content, or links to certain content, on this Service. Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms of Use. Links from the Service If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Disclaimer And Limitation Of Liability CollaTeam shall not be liable in contract or tort for any loss or damage suffered, and consumer rights are limited to those set out in these Terms and Conditions and under the statute. To the extent permitted by law, CollaTeam’s total liability herein in respect of each event or series of connected events shall not exceed the amount invoiced for the applicable Products and/or services under the Contract. The Customer shall indemnify CollaTeam and keep CollaTeam fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or subcontractors or by any breach of its contractual obligations arising out of these Terms and Conditions. To the extent permitted by law, CollaTeam and Customer agree that CollaTeam will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Any service response times stated by CollaTeam in service contracts are approximate only. CollaTeam shall not be liable to the Customer for any a) incidental, indirect, special or consequential damages, b) loss of opportunity, c) loss of revenue, d) loss of profit or anticipated profit, e) loss of business f) loss of contracts, g) loss of goodwill, h) loss arising out of business interruption, i) loss arising out of or in connection with pollution or contamination, all arising out of or in connection with the purchase, use or performance of Products or services, even if CollaTeam has been advised of their possibility. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by CollaTeam shall be subject to correction without any liability on the part of CollaTeam. Where under any applicable law, implied conditions and warranties cannot be excluded, CollaTeam’s liability for breach of such conditions and warranties shall be limited, at CollaTeam’s option, to: In the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent Products; or the payment of the cost of having the Products repaired; OR In the case of services, the supplying of services again; or the payment of the cost of having services supplied again. ORDERS, PRICE AND PAYMENT Unless credit terms have been expressly agreed by CollaTeam, payment for the Products or services shall be made in full before physical delivery of Products or services. The customer shall pay for all shipping and handling charges. Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value-added, excise, privilege and similar levies/taxes. Time for payment is of the essence. CollaTeam reserves the right to charge interest at the rate of 15% per annum on sums overdue. CollaTeam reserved the right to not give any discount to any products or services. ALL PRICES MAY OR MAY NOT BE INCLUSIVE GOODS AND SERVICE TAX DELIVERY All Products and/or Services have delivery charges; all delivery charges are based on the distance of the delivery address. CollaTeam does not provide any free delivery to any customer. Any dates quoted by CollaTeam for the delivery of the Products are approximate only and shall not form part of the Contract. CollaTeam shall not be liable for any delay in delivery of the Products and/or services, howsoever caused. GENERAL CollaTeam does not need to show the product and/or services which are listed and/or billed based on the DELIVERY ORDER or QUOTATION OR TAX INVOICE OR CASH BILL to the customer or explain to the customer if not asked or requested. Customers should do their own research before ordering or purchasing the products or services. Any Typo or incorrect price and/or item and/or service listed on the DELIVERY ORDER and/or QUOTATION will be corrected or revised by CollaTeam before the sales have been deemed final. All Tax Invoice and Cash bills are deemed as final sale and/or confirmation Once Printed and signed by the customer, All Terms and Conditions will be applied CollaTeam reserved the rights to amend or change any terms and conditions at any given time without any prior notice. ACCEPTANCE OF PRODUCTS All the Products and/or services shall be deemed to have been accepted by the Customer as being in good condition and/or good service and in accordance with the DELIVERY ORDER and/or TAX INVOICE and/or CASH BILL. The Customer shall not be entitled to withhold payment of all or any of the Prices of the Products whilst any claim is being investigated by CollaTeam. Communications Not Confidential Colla does not guarantee the confidentiality of any communications made by you through the Site. Although Colla generally adheres to the accepted industry practices in securing the transmission of data, you understand, agree, and acknowledge that Colla does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Site. Governing Law These Terms of Service will be governed by and construed in accordance with the laws of Malaysia, and the courts of Malaysia will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Service. Entire Agreement, Waiver, and Severability These Terms of Service constitute the entire agreement between Colla and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Colla with respect to the Site. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Colla’s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. If any of the provisions contained in these Terms of Service are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. If any of the provisions contained in these Terms of Service conflicts with the terms of another agreement between the parties, then these Terms of Service shall prevail. These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site. It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.
Definition
REFUND OR EXCHANGE OR RETURN POLICY