Terms and Conditions
STANDARD E-COMMERCE TERMS AND CONDITIONS
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We are AlphaMy Bhd registration (Alpha Malaysia) a not for profit business.
1.2 Alpha Malaysia operate the websites alpha.org/malaysia, malaysia.alpha.org, alphafriends.org.my
1.3 To contact Alpha Malaysia, please see the ‘Contact Us' page http://malaysia.alpha.org/contact/
2. OUR PRODUCTS
2.1 The images of the Products on our sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our sites.
2.3 All Products shown on our sites are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. IF YOU ARE A CONSUMER
This clause 4 only applies if you are a consumer.
4.1 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. IF YOU ARE A BUSINESS CUSTOMER
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our sites to purchase Products or Event Tickets.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 The Contract between us will only be formed when you complete the payment process.
6.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.
6.4 If we are unable to supply you with a Product or Event Tickets, for example because that Product is not in stock or an Event Ticket are no longer available or because of an error in the price on our sites as referred to in clause 13.1 we will inform you of this by email and we will not process this part of your order. If you have already paid for the Products or Event Tickets, we will refund you the full amount as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements.
7.2 Every time you order Products or Event Tickets from us, the Terms in force at that time will apply to the Contract between you and us.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 8 only applies if you are a consumer.
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product or attend an Event, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of:
(a) any custom-made products, products made to your specification or clearly personalised;
(b) newspapers, periodicals or magazines;
(c) software, DVDs or CDs which have a security seal which you have opened or unsealed.
8.3 You have a period of 14 (fourteen) calendar days in which you may cancel a contract, starting from the day after the day you receive the Products or email acknowledgement in the case of Event Tickets. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract under this clause 8, please contact us in writing to tell us by sending an e-mail to one of the email addresses outlined below. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.
(a) In the case of Products: email@example.com
(b) In the case of Event Tickets: firstname.lastname@example.org
8.5 You will receive a full refund of the price you paid for the Products or Event Tickets and any applicable delivery charges you paid for that relate to the cancelled Products or Event Tickets. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 We refund you on the credit card or debit card used by you to pay.
8.8 If the Products or Event Tickets were delivered to you:
(a) you must return the Products or Event Tickets to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products or Event Tickets to us;
(c) you have a legal obligation to keep the Products or Event Tickets in your possession and to take reasonable care of the Products or Event Tickets while they are in your possession.
8.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
This clause 9 only applies if you have purchased Event Tickets.
9.1 If you wish to cancel a contract for the purchase of Event Tickets other than in accordance with clause 8 you may do so subject to the following cancellation fees (Cancellation Fees):
(a) Cancellations made more than three calendar months before first day of the Event no Cancellation Fees will be charged and 100% of the price of the Event Tickets will be refunded;
(b) Cancellations made less than three calendar months but more than one calendar month before first day of the Event will be subject to 50% Cancellation Fees and only 50% of the price of the Event Tickets will be refunded;
(c) Cancellations made less than one calendar before first day of the Event will be subject to 100% Cancellation Fees and 100% of the price of the Event Tickets will be forfeited.
9.2 No fee is applicable for transfers of Event Tickets to another individual known to you if you can no longer attend. We would encourage you to transfer your Event Ticket in this way to avoid losing any percentage of the price you paid.
10. DELIVERY OF PRODUCTS
10.1 Your order will be fulfilled by the estimated delivery schedule of five working days from placing your order, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.3 The Products will be your responsibility from the completion of delivery.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
11. DELIVERY OF EVENT TICKETS
11.1 Event Tickets will be posted 2-3 weeks before the Event, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
11.2 If you purchased Event Tickets as part of a group booking for Malaysian based delegates, tickets for all members of the group will be posted to the lead booker at the postal address they stipulate on their booking.
11.3 Once the tickets have been delivered, they are the property and responsibility of the delegate.
12. NO INTERNATIONAL DELIVERY
12.1 Unfortunately, we do not deliver to addresses outside Malaysia.
12.2 You may place an order for Products for delivery outside Malaysia by contacting our distributer, Caananland Bookshop at http://www.canaanland.com.my/page/11/contact-us.
12.3 For group bookings or individual bookings of Event Tickets for delegates based outside of Malaysia please arrive at the venue where your Event Tickets are booked for on the day of the Event and we will notify you where you can collect your tickets.
13. PRICE OF PRODUCTS AND DELIVERY CHARGES
13.1 The prices of the Products or Event Tickets will be as quoted on our sites from time to time. We use our best efforts to ensure that the prices of Products and Event Tickets are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) or Event Tickets you ordered, please see clause 13.5 for what happens in this event.
13.2 Prices for our Products and Event Tickets may change from time to time, but changes will not affect a Contract already entered into but where Products or Event Tickets have not been despatched.
13.3 The price of a Product includes GST (where applicable) at the applicable current rate chargeable in Malaysia for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.
13.4 The price of Products or Event Tickets do not include delivery charges. Our delivery charges are as quoted on our sites from time to time.
13.5 Our sites contain a large number of Products and Event Tickets. It is always possible that, despite our reasonable efforts, some of the Products and Event Tickets on our sites may be incorrectly priced. If we discover an error in the price of the Products or Event Tickets you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product or Event Ticket at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or Event Tickets to you at the incorrect (lower) price.
14. HOW TO PAY
14.1 You can pay for Products or Event Tickets using a debit card or credit card, direct debit or cheque. Details will be on the invoice.
14.2 Payment for the Products or Event Tickets and all applicable delivery charges is in advance.
15. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business customer.
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
15.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.4 Subject to clause 15.2 and clause 15.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products or Event Tickets.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products or Event Tickets. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 The Event programme will be publicised on the Event website in advance of the Event but the organisers reserve the right to amend the Event timings upon reasonable notice wherever possible.
18. COMMUNICATIONS BETWEEN US
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 If you are a consumer:
(a) To cancel a Contract for Products in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) To cancel a Contract for Event Tickets in accordance with your legal right to do so as set out in clause 8 or in accordance with our cancellation policy set out in clause 9, you must contact us in writing by sending an e-mail to firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(c) If you wish to contact us in writing for any other reason, you can send this by using our Contact Us page http://malaysia.alpha.org/contact
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order. The lead booker will be the primary and main point of contact regarding bookings for all delegates within their group booking.
18.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. MISCELLANEOUS TERMS
19.1 If you can no longer attend the Event and wish to pass your Event Ticket to someone to use, you can do this without notifying us but you remain responsible for any outstanding payment and will remain the point of contact.
19.2 No videoing of content or uploading to any website either during or after the Event
19.3 No flash photography at the event or audio recording
19.4 Event attendees shall be required to keep their personal belongings with them at all times and we accept no liability for damage to, or loss of, personal belongings. We do not accept any responsibility for any loss (including, without limitation, theft) of any property occasioned on our premises or at external venues save for any damage caused by our negligence in which circumstances our liability shall be limited to the amount of our insurance for such losses.
19.5 No food or drinks are included in the cost of the Event Ticket.
19.6 The Event programme will be publicised on the Event website in advance of the Event but the organisers reserve the right to amend the Event timings and speaker line-up upon reasonable notice wherever possible.
20. OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing with the exception of a transfer under clause 19.1.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts or otherwise.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.