- These Terms and Conditions (this ‘Agreement’ or these ‘Terms’) set out the agreement between You and us under which We will provide the Services to You. You should read this document carefully, as by clicking your acceptance of these Terms and submitting an Order, You are accepting the Terms in their entirety. If You do not agree with anything contained in this Agreement, We cannot provide Services to You.
- We may, from time to time, change some or all of the terms of this Agreement. The terms which will apply to You are those which appear on our website at www.nubex.my (the ‘Site’) on the date on which You order Services from us (your ‘Order’) and You should print out and retain a copy of those terms at the time at which You send us your Order.
- Within these Terms & Conditions, references to Nubex Sdn Bhd and to ‘We’ ‘our’ and ‘us’, mean Nubex Sdn Bhd or anyone lawfully acting on behalf of Nubex Sdn Bhd who can be contacted at C-315 Metropolitan Commerce Square, Damansara Perdana, 47820 Petaling Jaya, Selangor, Malaysia or by e mail at email@example.com.
- References to ‘the Customer’ and to ‘You’ and ‘your(s)’ mean any individual or company agreeing to purchase Services from Nubex Sdn Bhd or anyone acting for or on behalf of any such purchaser. For the purpose of this Agreement, ‘Services’ means the provision of trading services or any other services that are offered in the website to You by us in accordance with the order placed by You (your ‘Order’) via the Site.
- You should also note that use of the Site is subject to our general terms & conditions which are included in this agreement and at the Site. You should also print out and retain a copy of those further terms, as by using the Site, you will also be bound by those terms.
The Order Process
- Full details of the Order process for the Services that We provide, as well as for the submission of the order, are provided on the Site within the relevant section.
- When You place your Order for Services, You have an opportunity to check the details and correct any errors in the information You have entered. As soon as You ‘submit’ your Order by clicking on the appropriate button, the contract between You and us will be concluded.
- We will treat your Order as an offer to buy and will send You an email to confirm receipt; this does not mean that your offer has been accepted.
- As soon as You have submitted your Order We will send You an Invoice by e-mail and/or post. This will confirm the nature of the Services which You have ordered, as well as the cost of those Services (‘the Price’). On dispatch to You of the Invoice either electronically or physically, your offer is accepted, We will begin providing the Services and You must pay the Price in accordance with these Terms. However, We will be able to refuse your offer if We feel it necessary in cases such as system glitch or hacked and, in such a case, We will send You an email or phone call to confirm this as soon as possible. In the event that You do not receive any correspondence at all from us within 2 days of submission of your Order, please contact us at firstname.lastname@example.org. Payment of the Price is due from You to Us as soon as the email is sent to You.
- You have the right to cancel the Services within 24 hours of receiving the email detailed at No.9 above, with a penalty fee of 10% from the total invoice or RM100, whichever is higher, for canceling your order. After 24 hours, there is no further right to cancel the Services and the Price shown in our Invoice is payable in full plus late payment penalty fee. If you wish to exercise your right to cancel under this section, you should email us at email@example.com within 24 hours of submission of your Order.
- In Malaysia only, VAT/GST is not charged on any of our Services and Prices displayed on the Site and confirmed to You in our Invoice are inclusive of all local sales taxes (where applicable) and other charges.
- The Price is payable by You within 24 hours of receipt of our Invoice sent to u via e mail.
- All payments must be made in RM (Ringgit Malaysia) or bank drafts or direct wire to the account by cheque or postal order made payable to ‘ Nubex Sdn Bhd’ and sent to us at Nubex Sdn Bhd, C-315 Metropolitan Commerce Square, Damansara Perdana 47820 Petaling Jaya, Selangor, Malaysia.
- You are given up to 24 hours to make a full settlement of the Order that you have created. Failing which, a penalty fee of 1.2% per month from total invoice will be imposed on you.
- In the event that you did not fulfill the Order, We have the rights to claim all necessary damages which We incur during the process to liquidate your Order to other customers. We will be entitled to suspend provision of any and all further Services until payment is made in full. If it is deemed there is a purposeful failure to pay, this may result in legal proceedings being brought against you and/or your organization.
- We accept payment by credit card, bank wire, or personal check. Credit card orders are reviewed on an order by order basis. Large credit card orders may be subject to additional documentation or screening and are subject to our approval.
- All payments must be notified to us via firstname.lastname@example.org, otherwise your order status WILL NOT be updated. To expedite your order process, we recommend direct bank wire to one of these bank accounts:
Account No : 5141-9634-5994
Account Name: Nubex Sdn Bhd
Bank Name: Maybank
Swift Code : MBBEMYKL
Account No : 8600-7416-76
Account Name: Nubex Sdn Bhd
Bank Name: CIMB Islamic Bank Berhad
Swift Code : CTBBMYKL
Account No : 2623-4400-0017-54
Account Name: Nubex Sdn Bhd
Bank Name: RHB Islamic Bank Berhad
Swift Code : RHBAMYKL
Account No : 1419-5010-0064-21
Account Name: Nubex Sdn Bhd
Bank Name : Bank Islam Malaysia Berhad
Swift Code : BIMBMYKL
Account No : 0521-4460-7021
Account Name: Nubex Sdn Bhd
Bank Name : HSBC Amanah Malaysia Berhad
Swift Code : HMABMYKL
Account No : 3810-0258-32
Account Name: Nubex Sdn Bhd
Bank Name : Public Bank Berhad
Swift Code : PBBEMYKL
- Holding period of Cashiers checks, Certified checks and personal checks:
We hold all checks up to 14 days regardless of when they clear prior to shipping. Direct bank wire transfer is recommended. Additional delays may occur for checks if your bank does not cooperate in assisting us with the information needed to verify your transaction.
- Payment instructions are detailed on the Site and will be sent by email after you place your order. We reserve the right to cancel orders that do not meet our requirements. We DO NOT recommend C.O.D. orders or cash. We reserve the right to refuse or cancel any order deemed questionable or of significant risk to us regardless of payment method and price confirmation.
- Products ordered from our website have a 24-hour order processing time in addition to the carrier's estimated shipping time. Occasionally a high volume of daily orders can delay dispatch. We only ship orders from Monday to Thursday, excluding Malaysian public holidays.
- While we strive to meet Your expectation for the same day delivery, we cannot guarantee that an order is shipped the day the order is placed. This service is subject to payment clearance, system failure, and any shut-down periods.
- We use a variety of carriers and will choose the most appropriate delivery method for your desired shipping address. Delivery within Malaysia normally takes 2 to 3 business days.
- Our Online Store order form automatically calculates shipping costs. You can view your total shipping charge at the time you place your order.
- Shipping rates and fees may vary depending on the delivery address for your order. Your packages may be subject to the customs fees and import duties of the country to which you have your order shipped. These charges are always the recipient's responsibility.
- You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside Malaysia may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
- All items in 'Pre-Order' category have already been purchased and waiting to be delivered to our office. Usually the items will arrive up to 2 weeks depending on the production cycle and schedule of the refinery.
- 'Pre-Order' is specially designed for you to take advantage on the current market price. You will be able to "Lock-the-Price-Now" even when the items have not yet arrived at our office.
- For this type of order, FULL PAYMENT must be made within 24 hours from the time of ordering via bank transfer. "Payment upon collection" is NOT ALLOWED and will result in cancellation of the order.
- For the avoidance of doubt, to facilitate the pre order process under the Islamic Law of Transactions (Muamalat) the principles of Bai Al Isti’na (Manufacturing Contract) is applied here whereby the relevant gold and silver are treated as commodities within the current global manmade legal framework where future delivery within specified agreed period is allowed when the items are still being manufactured. Any further delay beyond the agreed period at the Manufacturer end will enable you to have an option either to proceed waiting or cancel the pre order subject to any terms and conditions (if any) to be mutually agreed upon option to exercise cancellation.
- By submitting your order to the Site, You grant us a perpetual rights till the contract is successfully concluded and attained its original purpose
- You alone are responsible for ensuring that details information submitted to the Site complies with all legal requirements and, in particular, in a manner which is consistent with any primary and subsidiary legislation in Malaysia and elsewhere as per your home country basic relevant Laws. You are also wholly liable for any representation made on the Site as to the availability, accuracy of any information or the accuracy or existence of any details and We will accept no liability whatsoever in this regard.
- In the event that We, in our sole discretion, believe that any information submitted by You is in breach of any Laws, We fully reserve the right to revoke your order, or decline to accept it, whether or not We have previously accepted it on the Site. We also reserve the right to refuse to accept any further Orders from You or on your behalf.
- Your use of the Services We provide does not entitle You to any rights in relation to any of our Intellectual Property Rights and; in particular, to use the trading style of Nubex Sdn Bhd in any way whatsoever without our prior written consent.
- You must not post to the Site any advert or other material, or transmit such material to or from the Site which,
- contains any virus or other harmful component;
- is unlawful, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, threatening, libelous, defamatory or indecent, or which infringes any Intellectual Property Right;
- that is or which may cause annoyance or inconvenience;
- for which You have not obtained all necessary licenses and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the Malaysia or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- promoting your own sites, blog, for whatever services, products;
- You may not misuse the Site. ‘Misuse’ includes (without limitation) by hacking, or by the use of any robot, spider, other automated device, or manual process to monitor or copy the Site or any part of it without our prior written consent.
- You agree to indemnity and hold Us harmless from all claims, costs and reasonable expenses (including legal expenses) that arise a result of any breach or alleged breach of any of Your obligations under this Agreement.
- We undertake to ensure that your order are accepted on the Site in a timely manner and We will use all reasonable endeavours to ensure that Site uptime is maintained, though We will not be liable if for any reason this Site is unavailable at any time or for any period.
- Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- We reserve the right to decline to accept your order and the right to revoke any order accepted by us.
- We may at any time without notification make changes to the service in order to comply with applicable regulatory or statutory requirements or Codes of Practice.
- Whilst We will use our reasonable endeavours to complete our obligations under this Agreement, We will not be liable to You or be deemed to be in breach of this Agreement if We need to cancel this Agreement due to our inability to secure labour, materials or supplies or as a result of any act of God, war, strike or other labour dispute, fire, flood, drought, legislation, criminal damage, equipment or technical failures, including the unavailability of third party telecommunications, services, lines or other equipment, or other causes beyond our control.
Third-party sites & links
- Links to third party websites on this Site are provided solely for your convenience. If You use these links You leave this Site. We have not reviewed all of these third party websites, do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to this Site, You do so entirely at your own risk.
- If You would like to link to the Site, You may only do so on the basis that You link to, but do not replicate, the home page of this Site, and subject to the following conditions:
- You do not remove, distort or otherwise alter the size or appearance of the www.nubex.my logo;
- You do not create a frame or any other browser or border environment around this Site;
- You do not in any way imply that We are endorsing any products or services other than its own;
- You do not misrepresent your relationship with Us nor present any other false information about Us;
- You do not otherwise use any Nubex Sdn Bhd displayed on this Site without express written permission from Us;
- You do not link from a website that is not owned by You; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- We expressly reserve the right to revoke the right granted in paragraph 30 for breach of these Terms and to take any action We deem appropriate.
- You will fully indemnify Us for any loss or damage suffered by Us for breach of paragraph 30.
Term & Termination
- This Agreement starts when we accept your Order electronically or physical dispatch of our Invoice and email under sections 8 and 9 and will continue unless and until either:
- the agreed contractual period passes (if You have purchased any item); or until any due date detailed in our Invoice has passed
- For PowerBuyer plan, Your annual subscription expires and is not renewed ; or
- We terminate the Agreement under section 34 below.
- We may, at our discretion, cancel your contract immediately and without giving You any advance notice if We consider that your use of the Services is abusive or causes or is likely to cause the whole or part of the Site or Services to be interrupted, damaged, rendered less efficient or in any way impaired. If we wish to bring the Agreement to an end, we will do so by emailing You at the address You gave when placing your Order, stating that the Agreement has terminated. The Agreement will terminate on dispatch of our email and any username and password with which You have been issued will become invalid immediately. If the Agreement terminates, all your contract will be null and void at our sole discretion.
Limitation of Liability
- Other than set out in this Agreement, We make no representations, (and expressly disclaim all) warranties, conditions and other terms express or implied by statute, collaterally or otherwise, with respect to the Site or its contents.
- To the fullest extent permissible by law, We will not be liable for damages arising out of or in connection with the provision of the Services or use of the Site. Whilst this is a comprehensive limitation of liability applying to any and all losses, damages or costs of any kind including (without limitation) direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. We do not limit our liability if, as a result of our negligence You die or are injured, or if You suffer loss as a consequence of any fraud by Us.
Amendment of Terms
- We may, at any time, revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms by which You will be bound, because it is binding on You. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Language & Filing
- This Agreement will be concluded in English and will not be filed.
- This Agreement will be governed by and construed in all respects in accordance with Malaysian law and the parties agree to submit to the exclusive jurisdiction of the Malaysian courts.