Terms & Conditions
Terms & Conditions
AGREEMENT BETWEEN CUSTOMER AND BOOKXCESS SDN. BHD.
This website ("bookxcess.com") (“Website”) is operated by BookXcess Sdn Bhd (“BX”), a company incorporated and operating in Malaysia. Reference to “bookxcess.com” (“Website”) shall include but not limited to access to the Website via desktop, laptop, mobile devices and/or any other devices capable of connecting to the internet. The terms "we", "us" and "our" shall mean reference to BX. The term "BX Companies" shall mean collective reference to BX, its affiliated and/or related companies. The term "you" refers to the customers visiting the Website and/or ordering through us on the Website or through our Customer Support agents.
The Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below as well as the Shipping Policy, Privacy Policy and the Cancellation and Refund Policy ("Terms of Use"). Please read the Terms of Use carefully. By accessing or using the Website, making any orders or purchase on the Website, creating a membership account, downloading any digital content from the Website and/or contacting our Customer Support agents, you are deemed to have agreed to the Terms of Use in force at that material time and you are legally bound by the same. If you do not agree to the Terms of Use, please do not use or place any order through the Website or our Customer Support agents. We may at any time change the Terms of Use without notifying you and your continued use of the Website is deemed an acceptance of the updated Terms of Use.
USE OF THE WEBSITE
As a condition of your use of the Website, you warrant that:
You have read and agree to be legally bound by the Terms of Use and our Privacy Policy;
You are at least 18 years of age and are of sound mind;
You possess the legal authority, right, power and authority to create a binding legal obligation;
You will use the Website in accordance with the Terms of Use and comply with such other notices or guidelines that may be published on the Website by BX from time to time (which are hereby incorporated by reference into the Terms of Use);
You will only use the Website to make legitimate purchases for you or for another person for who you are legally authorised to act for and not use the Website or services for any unlawful purpose;
You confirm that all information supplied by you on the Website is true, accurate, current and complete;
You shall comply with all applicable laws and regulations, including but not limited to copyright law; and
If you have an online account with the Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny or restrict access to anyone to the Website and the services we offer, at any time without notice and for any reason, including but not limited to any breach of the Terms of Use.
We shall reserve the right to modify, update or amend the Terms of Use at any time as deemed necessary. In such an event, we will post the updated Terms of Use on the Website. By continuing to access the Website or by continuing to use our services following the modifications, updates or amendments to the Terms of Use, this shall deem to signify your acceptance of such modifications, updates or amendments. If you do not agree to the amended Terms of Use, you may opt to close your account and/or cease using the services on the Website.
PROHIBITED ACTIVITIES
The content and information on the Website as well as the infrastructure used to provide such content and information is proprietary to us or our suppliers and providers. You agree to not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website. Additionally, you agree to not:
(a) use the Website or its contents for any commercial purpose;
(b) make any speculative, false, or fraudulent transactions or, monitor or copy any content or information of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; deep-link to any portion of the Website (including but not limited to the purchase path for any services) for any purpose without our express written permission; or
(c) reproduce, display or otherwise provide access to the Website by usage of "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization.
If BX has reason to suspect that you have breached the Terms of Use (including without limitation if you have made multiple transactions on the Website and BX considers (acting reasonably) that any such transactions are for the purposes of reselling) or your orders or account shows signs of fraud, abuse, or suspicious activity, BX may in its sole discretion cancel any transactions associated with your name, email address and/or account and close any account associated with BX. In such an event, BX reserves its right to not refund to you the monies for the pending/cancelled orders. If you have conducted any fraudulent activity, BX reserves the right to take any necessary legal action and you are liable to bear the monetary losses suffered by BX, including but not limited to legal costs, loss and damages. Should an action be brought against BX resulting from your actions, you agree to indemnify BX fully and bear all the costs and expenses arising therefrom. To contest the cancellation of a booking or freezing or closure of an account, please contact our Customer Support agents.
INTELLECTUAL PROPERTY
All the intellectual property rights, including but not limited to copyright, patents, trademarks, registered designs, appearing on the Website as well as the services and web contents shall vest in and remain with BookXcess. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of BookXcess or other third parties and all rights to the Marks are expressly reserved by BookXcess. You are not permitted to use any of the Marks without the prior written permission of BookXcess or such third party.
BookXcess reserves all rights to enforce its intellectual property rights to the fullest extent allowed by the law. The brand name “BookXcess” or any other Marks may not be used in any way, including in any advertising or publicity without prior written permission of BookXcess.
PAYMENT AND FEES
Many banks and credit card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders’ account. This means that the amount listed on your credit or debit card statement may differ from the figure shown on the billing summary page generated from the Website. Should you have any queries about these fees or any exchange rate applied to your booking, please contact your bank or credit card companies directly.
LIABILITY DISCLAIMER
While BookXcess makes every effort to ensure that all the information, software, products and services published and displayed on the Website are accurate and complete, there might be some inevitable inaccuracies or errors, including pricing errors. In particular and to the fullest extent permissible under the laws, BookXcess does not guarantee absolute accuracy and disclaims all liabilities. BookXcess hereby disclaims all warranties and conditions, express or implied, with regard to the information, software, products and services, including without limitation, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with any description, title or the warranty of non-infringement including that the Website shall be free from infringement of any intellectual property rights of third parties and/or for any errors or other inaccuracies relating to the information and description of the books displayed on the Website (including, without limitation, the pricing, photographs, general product descriptions, etc.). In addition, BookXcess expressly reserves the right to correct any pricing errors on the Website and/or transactions made under an incorrect price. In such an event, if available, we will offer you the opportunity to keep your transaction at the correct price or we will cancel your order(s) without imposing penalty onto you.
BookXcess makes no representations about the suitability of the information, software, products and services contained on the Website for any purpose and the inclusion or offering of any products or services on the Website does not constitute any endorsement or recommendation of such products or services by BookXcess. All such information, software, products and services are provided on an "as is" and “as available” basis without warranty of any kind. BookXcess disclaims all warranties, conditions and representations that the Website, its servers or any email sent from BookXcess are free of viruses or other harmful components and does not warrant that the functions in or access to the Website or web content will be timely, uninterrupted or free of error.
In no event shall BookXcess be liable and you agree to not hold BookXcess liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of the Website or with the delay or inability to access, display or use the Website (including but not limited to your reliance upon opinions appearing on the Website; any computer viruses, information, software, linked sites, products and services obtaining through the Website; or otherwise arising out of the access to, display of or use of the Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if BookXcess has been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. In the event BookXcess is found to be liable for damages despite the foregoing provision, you agree that BookXcess ‘s aggregate liability to you for any and all causes of action in relation to the Website, services and the Agreement shall not exceed the sum of RM100 (Ringgit Malaysia One Hundred).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in the Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in the Terms of Use inure to the benefit of BookXcess. You agree that the above limitations of liability enable the Website, information, software, products and services on the Website to be provided by BookXcess at either reasonable costs or no costs to you.
INDEMNITY
You agree to indemnify and keep indemnified BookXcess Companies and any of their officers, directors, employees, partners and agents harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees on a full indemnity basis, brought byyou or on your behalf in excess of the liability described above or by third parties as a result of:
Your breach of the Terms of Use or the documents referenced herein;
Your violation of any law or the rights of a third party; or
Your use or connection of the Website.
LINKS TO THIRD-PARTY SITES
The Website may contain hyperlinks to websites operated by parties other than BookXcess. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. You also acknowledge and agree that BookXcess has no control and shall not be liable for any infringement appearing on the third-party websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators and you hereby irrevocably waive any claim against us with respect to such third-party websites.
ACCOUNT TERMINATION
BookXcess has adopted a policy of terminating inappropriate accounts depending on the circumstances without notice and without assigning any reason. You agree that BookXcess has the sole and absolute discretion to restrict, suspend or terminate the accounts of the subscribers or account holders who are deemed to be repeat infringers, without assigning any reason. BookXcess may also at its sole and absolute discretion, without notice and without assigning any reason, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of BookXcess or others, whether or not it is a repeat infringement. BookXcess reserves all rights to investigate the infringement notices any intellectual property rights in respect of the Website, information, software and services and/or other materials on the Website (“Infringement Material”) and take all action as it deems necessary and fit including without limitation removing such Infringement Material from the Website. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against BookXcess and waive any right of action against BookXcess under all applicable laws in respect of any Infringement Material. If you believe that an account holder or subscriber is a repeat infringer, please provide information to us at the email address below for verification purposes when filing your notice including in the form and containing the information prescribed by the Malaysia Copyright Act 1987 (Act 332) [including its Regulations].
APPLICABLE LAWS AND JURISDICTION
The Terms of Use are governed by and shall be construed in accordance with the laws of Malaysia. By accessing the Website, you hereby consented to the exclusive jurisdiction and venue of courts in Malaysia, in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including, without limitation, this paragraph.
GENERAL
You agree that no joint venture, partnership, agency or employment relationship exists between you and BookXcess as a result of the Terms of Use or use of the Website and you and neither party shall have any authority to bind the other in any way.
Our performance of the Terms of Use is subjected to existing laws and legal process. Nothing contained in the Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of the Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of the Terms of Use at any time does not constitute a waiver of our right to enforce the same or any other provision(s) hereof in the future.
The Terms of Use (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and BookXcess with respect to the Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters and/or data mentioned on the Website are not intended to represent any real individual, company, product or event.
The Terms of Use have been drafted and shall be construed in the English language. Any translation of the Terms of Use is for convenience only. In the event of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.
CUSTOMER SUPPORT
For any queries or concerns with regard to the Terms of Use or any issues in relation to the Terms of Use or the Website, please contact us at support@bookxcess.com.
