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Terms and Conditions of Service

Welcome to XpressGate! XpressGate.com is owned and operated by XpressGate (PG0351588-P), a business registered in Malaysia. (Hereinafter referred to as "XpressGate")

Please read this terms and conditions of the usage of XpressGate.com carefully before using the services provided by this website (hereinafter referred to as "this Agreement"). These terms and conditions govern your usage of the XpressGate.com website ("the Site") and your relationship with XpressGate. Please read them carefully as they affect your rights and liabilities under the laws. Using the Site indicates that you have accepted the Terms and Conditions of this Agreement. If you do not agree with these terms and conditions, you shall not proceed to view or utilize the Site. Please note that in order to enjoy the services provided by the Site, you are required to register as an authorized user on the Site.

1. USE OF THE SERVICES

1.1 Subject to the Terms and Conditions, you are permitted to view and download the Site, for your personal use only. XpressGate reserves the right to change, suspend or discontinue the services provided by the Site at any time, including but not limited to the availability of any feature, database or contents (hereinafter referred to as "the Services") without any prior notice and liability. XpressGate reserves the right to impose limitations on any features and Services or restrict your access to parts or all of the Services without prior notice or liability.

1.2 You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or having access to or otherwise utilize the Services, including but not limited to modems, hardware, software, and long distance or local telephone service.

2. AMENDMENTS

2.1 We may revise or amend these Terms and Conditions or any part hereof from time to time without any further notice to you.

2.2 If you do not wish to accept the revised or amended Terms and Conditions, you shall not continue to view or utilize the Site. If you continue to view or utilize the Site, after the date on which the change(s) comes into effect, you shall be bound by the revised or amended Terms and Conditions.

3. THE SITES CONTENTS

3.1 All materials displayed or performed on the Site shall belong to or controlled by XpressGate and the same shall be protected under the laws of copyright and laws pertaining to such other intellectual properties. You shall not sell, transfer, modify, copy, transmit, distribute, display, reproduce, publish, license or create works from the Site or otherwise use them for any public or commercial use without our express written consent.

3.2 XpressGate reserves the rights to change or remove any parts of the contents or materials of the Site or any features thereof, at any time and for any reason without any prior notice and liability.

3.3 When you visit XpressGate or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. REGISTRATION

4.1 You shall be above eighteen (18) years of age in order to register with the Site. If you are under 18, you may use our website only with involvement of a parent or guardian.

4.2 You shall ensure that the details provided by you on or before the registration are accurate, correct and complete.

4.3 You shall inform us immediately of any changes to the information that you have provided by updating your personal details should there be any changes of such information.

5. PASSWORD AND SECURITY

5.1 When you register to use the Site you shall be required to create a password. You shall keep this password confidential and shall not disclose or reveal it or share it with anyone. You shall be responsible for all activities, orders and transactions that occur or submitted under your password. If you have knowledge or suspect that someone else has misused your password you shall notify us by contacting our Customer Service (see below for contact details) immediately.

5.2 If XpressGate has reason to believe that there is likely to be a breach of security or misuse of the Site, XpressGate reserves the right to change your password or suspend your account in its sole discretion subject to clause 10.6.

6. USER CODE OF CONDUCT

6.1 You shall not use the Site for any of the following purposes:-

  • disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
  • transmitting material that encourages conduct(s) that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  • gaining unauthorized access to other computer systems interfering with any other person's use or enjoyment of the Site;
  • breaching any laws concerning the use of public telecommunications networks;
  • interfering or disrupting networks or web sites connected to the Site; and
  • Making, transmitting or storing electronic copies of materials protected by the laws of copyright, without our prior written permission.

6.2 XpressGate reserves the right to remove any kind of materials, which have since been posted on the Site, without any prior notice.

7. XpressGate PRIVACY POLICY

7.1 Any data and information pertaining to the said registration submitted by you shall subject to our privacy policy. For more information, please see our Privacy Policy.

8. INDEMINITY

8.1 You shall indemnify us against all losses, liabilities, damages, costs and expenses suffered or incurred by us, and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with the following:

  • any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
  • any claim by any third party that the use of the Site by you infringes any third party's copyright or other intellectual property rights of whatever nature;
  • any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you; and
  • Breach of any of the terms and conditions contained herein.

9. LINKS

9.1 The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. As XpressGate has no control over such sites and resources you agree that linking to any other sites is at your sole risk and XpressGate shall not be responsible and makes no warranties for the availability of such external sites or resources and shall not be liable for the contents, whatsoever nature, found at such sites or resources.

10. LIMITATION OF LIABILITY

10.1 The Site and any software are provided on an "AS IS WHERE IS" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement.

10.2 XpressGate assumes no liability for any viruses or any other disabling features that affect your access to or utilization of the Site.

10.3 XpressGate assumes no liability for any incompatibility between the Site and other web sites, Services, software and hardware.

10.4 XpressGate assumes no liability for any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Site or Services including any delay in the delivery of the item(s) purchased through the Site.

10.5 XpressGate assumes no liability for any utilization of the site including but not limited to direct, incidental or consequential loss or damages whether arising from any loss of profits, loss of revenue due to business interruption, loss programmes or otherwise arising.

10.6 XpressGate assumes no liability for any modification, suspension or discontinuance of the Site, the domain names or Services.

10.7 XpressGate assumes no liability for any oral or written information or advice given by XpressGate or its directors, officers or employees or its representatives nor shall you rely on any such information or advice.

10.8 XpressGate assumes no liability for the availability of Services or products on sale, nor does it assume liability that the price of the products shall remain unchanged throughout.

11. FORCE MAJEURE

11.1 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government's orders or restrictions (including denial or cancellation of any export or other necessary license), wars, insurrections and/ or any other cause beyond the reasonable control of the party whose performance is affected.

11.2 Neither party shall be liable for any failure or delay in performance under these Terms and Conditions (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including but without limited to, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, Provided That, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance, obligations are scheduled to be met shall be extended for a period of time equal to the time lost due to any delay so caused.

12. INTELLECTUAL PROPERTY

12.1 The contents of the Site in whatsoever nature or howsoever created shall belong to XpressGate and shall be protected by the laws of copyright, trade- marks, other intellectual property, may it be statutory or common law. You may retrieve and display the contents of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided that you adhere to all and any copyright and proprietary notices. You shall not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without the written permission from XpressGate and XpressGate disclaims all liability which may arise thereof. No license shall be granted to you by these Terms and Conditions to use any trade mark of the Site including without limitation to, the trademarks of XpressGate and the Site or such other intellectual properties of XpressGate.

13. APPLICABLE LAW

13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes shall be decided only by the courts of Malaysia.

14. INTERNATIONAL USE

14.1 XpressGate shall makes no promise that materials on the Site are appropriate or available for use in locations outside Malaysia, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside Malaysia, you shall do so on your own initiative and are responsible for compliance with local laws.

15. EXPIRY DATE ON CARD PAYMENT

15.1 You shall ensure that the expiry date of your card shall only take place after the anticipated dispatch date of your order. Payment is taken at the point of dispatch for goods and in the event that the payment card has expired we shall not be able to take payment and fulfill your order.

16. MISCELLANEOUS

16.1 You shall not assign, sub-license or otherwise transfer any of your rights provided by this Terms and Conditions. If any provision of this Terms and Conditions is found to be invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

16.2 If you breach these Terms and Conditions, irrespective of whether XpressGate disregards the same, XpressGate shall still be entitled to enforce its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

16.3 XpressGate shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

16.4 XpressGate and you agree that these Terms and conditions of the Sales and Purchases in the electronic form constitute a written document and therefore you undertake not to dispute or challenge the validity or enforceability of these Terms and Conditions of the Sales and Purchases on the grounds that it is not a written document and XpressGate and you hereby waive any such right you may have at laws. Further, you and XpressGate agree to admit these Terms and Conditions of Sales and Purchases in electronic form as an original document, and will not challenge the admissibility of the Terms and the Conditions of the Sales and Purchases, if applicable.

Terms and Conditions of Sales and Purchases of http://XpressGate.com

These terms and conditions govern the conduct of the sale and purchase between the user who is desirous to purchase goods provided in this http://XpressGate.com website ("the Site") and sale of goods through the Site by XpressGate.

1. PRICE

1.1 All prices of any of the products displayed on the Site ("the Products") are shown in Ringgit Malaysia (RM). The prices stated in the Site, shall be the purchase price for the Products displayed therein, unless otherwise advised. For Products pertaining to shopping agent services, the purchase price shall be the "Subtotal Ringgit Malaysia (RM)" converted and populated automatically by system based on the original item price and other miscelleneous charges associated with the item in foreign currency (RMB Chinese Yuan) input by you in the electronic form, and the latest Forex Rates. You can find more information about forex conversions in our Forex Policy. You shall be charged according to the prices stated in the Site and such other miscellaneous charges such as delivery fees, administrative charges and service charges (if any) unless otherwise expressly stated.

1.2 XpressGate reserves the right to vary the price of any of the Products or any prices provided on the Site without any prior notice. You may verify the prices of the Products with us from time to time before you place the order.

1.3 In the event of any technical error on the prices of the Products, XpressGate shall, upon receipt of your order, inform you through e-mail or telecommunication of the actual price of the Products as soon as possible.

1.4 Thereafter, you shall be able to either confirm your placement of order based on the actual price or cancel your placement of order within three (3) days from the date of our notification. In the event XpressGate does not receive your response or confirmation within three (3) days from the date of our notification, XpressGate shall cancel your order accordingly without any further notice to you. XpressGate assumes no liability for any direct, incidental or consequential loss due to the cancellation of your placement of order. In the event you choose to cancel the order, we shall refund the payment to you in accordance with our Replace and Refund Policy provided below if you have made payments for the Products.

2. AVAILABILITY OF GOODS

2.1 All the purchases which are to be made by you on the Site shall subject to the availability of the Products. In the event the Products that you ordered are not available, we shall notify you for any non-availability of the Products and seek your further instruction on the same. In the event you do not reply our e-mail or telecommunication within five (5) days from the date of such notification, we shall have the absolute discretion to cancel the entire transaction and refund the total purchase price made by you in full in due course. XpressGate assumes no liability for any direct, incidental or consequential loss due to the cancellation of the order.

3. ACCEPTANCE

3.1 The 'checkout' stage sets out the final details of your placement of order. As a result, XpressGate shall send to you an acknowledgement in the form of an e-mail pertaining to the Products you have ordered. Nonetheless this acknowledgement shall not be treated as a confirmation of your placement of order or an acceptance of your placement of order from XpressGate. If you do not receive the aforesaid confirmation pertaining to your order, please contact our customer service at xpressgatekeeper@gmail.com.

3.2 Any transaction or contract between you and XpressGate shall be concluded where we shall discharge our obligation, once the courier service company has collected the Products from XpressGate. Thus we shall not be held responsible or liable for any damage or lost occurred after the aforesaid collection of Products.

3.3 Upon your acceptance of the Products by executing the release form provided by the courier service company upon delivery of Products to the address provided by you, the agreement between XpressGate and you shall be concluded and you shall be deemed to be satisfied with the conditions of the Products. There shall not be any replacement or return of Products upon your acceptance of the Products.

4. DELIVERY & SHIPPING POLICY

4.1 This website shall only be used for delivery of the Products to customers in Malaysia.

4.2 XpressGate shall deliver all the Products ordered or purchased by the courier service company of its choice. It shall be deemed that you agree for XpressGate to ship or deliver the Products with the courier service company of our choice upon your payment for the Products which you have ordered through the Site.

4.3 XpressGate shall deliver the Products within twenty-one (21) working days (excluding Saturdays, Sundays and Public Holidays), at its best effort, from the date of receipt of your placement of order unless and until otherwise informed or advised by XpressGate.

4.4 XpressGate shall not provide any insurance coverage for the delivery of the Products as the insurance coverage shall be provided by the courier service company instead.

4.5 XpressGate shall not be held responsible for any damage or loss of the Products during the process of shipment or delivery. The risk of loss of Products shall pass to the courier service company from the date of collection of Products by the courier service company until the date of the actual delivery by the courier service company to you and thereafter the title of the Products shall pass to you.

4.6 A delivery charge shall be imposed on you in accordance with the amount as stated in the Site at the Delivery Info section. The delivery charges shall be included in your payment for the Products and the delivery charges are subject to changes.

4.7 XpressGate shall not refund the Delivery Charge once the Products have been delivered to you or collected by the courier service company from XpressGate. If you cancel the purchase of the Products after you have made payment for the Products, your Delivery Charge will be refunded in full. If you have paid excess for Delivery Charge, the excess payment will be refunded to you.

4.8 In the event any of the failure to deliver the Products to you is due to your fault, oversight or mistake, XpressGate shall not be held responsible to re-deliver the Products back to the original seller and your payment is therefore not refundable.

4.9 XpressGate reserves the right to alter or amend the delivery times. All delivery times quoted shall subject to stock availability and delivery location. XpressGate shall be under no liability for any delay or failure to deliver the Products within estimated timescales.

4.10 If you are not able to receive your delivery, you shall contact us at least one (1) day before the agreed delivery date and XpressGate shall arrange for another date of delivery for you. If the Products have been despatched according to the address provided by you, you shall bear all the costs for the redelivery of the Products, if you wish the Products to be redelivered to another place as directed by you.

4.11 Both XpressGate and the courier service company agreed that the Products shall only be sent to the stated consignee, and the release form shall only be executed by the said consignee unless the said consignee and XpressGate agree that the courier service company shall deliver the Products to a third party located in Malaysia only.

4.12 You shall indemnify XpressGate for the loss of Products in the event you grant permission to the courier service company to release the Products to a third party without XpressGate's consent.

5. REPLACE AND REFUND POLICY

5.1 Prior to any payment made, in the event you cancel your placement of order or XpressGate does not receive your placement of order due to, including but not limited to, any technical error or failure of the Site, there shall not be an agreement concluded between XpressGate and you and thus XpressGate shall not proceed with your placement of order. XpressGate assumes no liability for any direct, incidental or consequential loss due to the cancellation or non-reception of the placement of order.

5.2 In the event you have made payment for the Products but prior to ordering from the original seller and prior to the delivery of the Products by the courier service company, you shall not be entitled to cancel your order and seek any refund from XpressGate unless the item you wish to purchase is out-of-stock or an air freight restricted item.

5.3 In the event you have paid for the Products and the order has been placed with the original seller and the Products have been delivered to you by the courier service company and you have executed the release form, you shall not be entitled to cancel your order and seek any refund or replacement from XpressGate.

5.5 In the event any of the failure to deliver the Products to you is due to your fault, oversight or mistake, XpressGate shall not be held responsible to re-deliver the Products back to the original seller and your payment is therefore not refundable.

6. PAYMENT

6.1 XpressGate currently only accepts credit card (VISA, MASTERCARD, DISCOVER and AMERICAN EXPRESS) and PayPal payment through its website, and offline payment through bank transfer, direct deposit and Cheque. XpressGate does not accept any payment of cash upon delivery of the Products.

6.2 If you choose to pay online, you are required to make payment to XpressGate from the secured PayPal online payment gateway redirected from http://XpressGate.com. The Payee named at the PayPal secured page shall be “XpressGate”. XpressGate assumes no liability for any online payment made through the said secured PayPal online payment gateway and/or outside of the http://XpressGate.com website.

6.3 You will receive a confirmation upon your payment of your placement of order. If you do not receive any such confirmation, please contact at xpressgatekeeper@gmail.com.

6.4 If you choose to pay offline, you are required to make payment to XpressGate through the payee listed at the “checkout” page and at your order confirmation email. In the event we do not receive your payment or the cheque is not cleared within seven (7) days from the date of the order placement, we shall have the absolute discretion to cancel the entire transaction.

7. AMENDMENTS

7.1 XpressGate may revise or amend any of these Terms and Conditions or any part hereof from time to time without any further notice to you.

8. THE SITES CONTENTS

8.1 All materials displayed on the Site shall be controlled by XpressGate and/or shall belong to XpressGate and our rights and interests in relation thereto shall at all times be protected under the laws of copyright and such other intellectual properties. You shall not sell, transfer, modify, copy, transmit, distribute, display, reproduce, publish, license or create works from the Site or otherwise use them for any public or commercial use without our express written consent.

8.2 XpressGate reserves the rights to amend, alter or remove any parts of the contents or materials of the Site or delete any features thereof, for any reasons at any time, without any prior notice and liability.

9. INDEMINITY

9.1 You shall indemnify us for and against all losses, liabilities, damages, costs and expenses suffered or incurred by us, and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:

Any claim by any third party that the use of the Site is defamatory, offensive or abusive, or of an obscene nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

Any claim by any third party that the use of the Site infringes any third party's copyright or other intellectual property rights of whatsoever nature;

Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site; and

Breach of any of the terms and conditions contained herein.

10. LIMITATION OF LIABILITY

10.1 XpressGate assumes no liability for any representation or statement made on the description, the quality or fitness for any particular purpose and of merchantable quality of any of the Products displayed at the Site and the original Seller’s site. The Products displayed on the Site and the original Seller’s Site may vary from the actual Products including but not limited to the size, colour, shape, usage and weight ("the Attributes") of the Products. XpressGate shall not be responsible or liable for any losses, damages, costs and expenses suffered or incurred by you due to any difference of the Attributes of the actual Products delivered to you from the description of the Attributes of Products provided in the Site or the original Seller’s Site.

10.2 XpressGate assumes no liability for the availability of the Products listed on the Site and the original Seller’s Site as it depends on the availability of the Products. In the event the Products ordered by you are not available, XpressGate shall inform you of the unavailability of the Products either through e-mail or telecommunication.

10.3 XpressGate assumes no liability for any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Site or services including any delay in the delivery of the Products purchased through the Site.

10.4 XpressGate assumes no liability for any utilization of the site including but not limited to any direct, incidental or consequential loss or damages of whatsoever nature.

10.5 XpressGate assumes no liability for the availability of the Products for sale, nor does it assume liability that the price of the products shall remain unchanged.

11. EXCLUSION PROVISION

11.1 All representations, warranties, descriptions or statements of the Products made on the Site are only for reference only. XpressGate shall not be liable for any losses, damages, costs, suits or any legal proceedings howsoever arise due to any representation, warranties, description or statements herein contained or made.

12. FORCE MAJEURE

12.1 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by any conditions which are beyond the control of the parties hereto including, but not limited to Acts of God, Government's orders or restrictions (including denial or cancellation of any export or other necessary license), wars, insurrections and/ or any other cause beyond the reasonable control of the parties whose performance is affected.

12.2 Neither party shall be liable for any failure or delay in performance under these Terms and Conditions (other than for the delay in the payment of money due and payable hereunder) to the extent that the said failures or delays are caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including but without limited to, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance or obligations under this Agreement, Provided That, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the causes relied upon. Dates by which performance or obligations are scheduled to be met shall be extended for a period of time equal to the time lost due to any failure or delay so caused.

13. APPLICABLE LAW

13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes shall be decided only by the courts of Malaysia.

14. EXPIRY DATE ON CARD PAYMENT

14.1 You shall ensure that the expiry date of your card shall only take place after the anticipated dispatch date of your order. Payment is taken at the point of dispatch for goods and in the event that the payment card has expired we shall not be able to take payment and fulfil your order.