Terms and Conditions

General Terms & Conditions

Welcome to the isooka.com website (the “Website"). The terms and conditions (“Terms and Conditions") as contained herein is the agreement that governs any transaction in connection with the purchase of any Product by the Customer from MBNS on the Website.

The Terms and Conditions shall be read together with the Website Terms of Use (governing the use of the Website), the Privacy Policy and the Privacy Notice (governing the use of personal information) and all other information as may be made available by MBNS to the Customer from time to time, provided that in the event of any conflict, the Terms and Conditions shall apply.

By accessing and using the Website, the Customer or any other user of the Website shall be deemed to have read, understood and agreed to be bound by the Terms and Conditions. Customers are therefore advised to read this Terms and Conditions carefully and to ensure that it is understood, prior to placing any Order on the Website.

MBNS reserves the right to add, remove, modify or change any part of this Terms and Conditions including the use and access to the Website at any time. Changes shall be effective immediately when they are posted on the Website with no other notice required to be provided by MBNS. The Customer’s continued use of the Website following the changes to the Terms and Conditions shall be deemed to constitute acceptance of such changes.

1. Definitions

Account" means the isooka account that a Customer will have to create on the Website prior to the submission of any Order on the Website.

Astro Group" shall mean any person or entity controlling, controlled by, or under common control with MBNS (“Control means ownership of shares carrying 50% or more of the votes exercisable at a general meeting (or its equivalent) of a company).

Business Day" means any day in which commercial banks are open in the State of Kuala Lumpur.

Customer/Customers" or “you/your" means the person who places an Order at the Website and purchases a Product from MBNS.

MBNS", “we" or “us" means Measat Broadcast Network Systems Sdn. Bhd. (Company Number:240064-A ), a private limited company incorporated in Malaysia and having its registered address at All Asia Broadcast Centre, Technology Park Malaysia, Bukit Jalil, 57000 Kuala Lumpur.

Order" means any order submitted by a Customer through the Website in relation to the purchase of a Product.

Product/Products" means any product, goods, item, merchandise or services that are displayed on the Website.

Services" shall mean the use and access to the Website and/or the provision of the sale of the products displayed on the Website by MBNS to you.

Website" means the online shopping portal www.isooka.com (website), m.isooka.com(mobile website) and/or any mobile applications/mobile interface applications/apps and services provided by MBNS or its subsidiaries/affiliates which provides a venue/platform to the users of the Website to purchase the Products displayed on the Website.

Interpretation

Headings are for convenience only and shall not in any way affect the interpretation and construction of the Terms and Conditions.

Words imparting the singular shall include the plural and vice versa.

Words importing a gender shall include every gender.

References to any person shall include an individual, company, corporation, firm or partnership.

References to “include", “including" or words of similar import shall mean “without limitation".

Where any reference is made to reservation of a right in favour of MBNS, the exercise of such right shall be unfettered and at the sole and absolute discretion of MBNS without the need for MBNS to assign any reason thereto.

No rule of construction shall apply to the detriment of a party by reason of the fact that a party had control over the drafting of this Terms and Conditions.

2. Registration and Submission of Order

2.1 Before submitting any Order from the Website, a Customer must first register and create a new Account on the Website. The Customer shall comply with the Website Terms of Use provided on the Website in relation to the registration of the Account and use of the Website.
2.2 MBNS may require, amongst others, the following information to be provided by the Customer in relation to the creation of the new Account:
 
(a) full name;
(b) valid e-mail address;
(c) date of birth;
(d) gender;
(e) contact details (mobile, home or office); and
(f) password.
The Customer is advised that the processing of any personal information by MBNS pursuant to these Terms and Conditions shall be in accordance with the Privacy Policy and the Privacy Notice.
2.3 Once the new Account has been successfully created, the Customer will receive an e-mail from MBNS containing a web-link that will be used to verify and authenticate the Customer’s details. Upon accessing the web-link, the Customer will be re-directed to the Website and notified that the new Account has been successfully created.
2.4 A Customer shall only need to register for an Account once. The Customer shall be able to place further Orders at the Website using the same Account.
2.5 MBNS reserves the right to decline the registration of a new Account or to cancel an existing Account at any time.

3. Acceptance of Order, Pricing, Availability and Product Description.

3.1 A Customer must be over eighteen (18) years of age at the time of submitting an Order with MBNS, failing which MBNS has the right to cancel any Orders placed.
3.2 Any Order placed by a Customer shall include the following information:
 
(a) Product name and specifics.
(b) Payment Method.
(c) Delivery address.
3.3 Once an Order has been successfully placed with MBNS and payment for the Product has been successfully processed by MBNS, a confirmation notification (containing amongst others, a summary of the Order details and the sales invoice which serves as a receipt of payment) will be issued via e-mail to the Customer (“Order Confirmation"). A Customer may be asked to provide additional information before an Order is accepted by MBNS. A Customer may be able to track the progress of the delivery of the Product once the Order Confirmation has been issued.
3.4 The Order Confirmation is merely an acknowledgement that we have received the Customer’s Order, and shall not constitute acceptance of the Customer’s offer to purchase any Product. Acceptance by MBNS shall only occur when the Product is dispatched to the Customer.
3.5 While MBNS strives to meet all Orders placed at the Website, there may be instances where your Orders cannot be processed and we may need to cancel an Order even though an Order Confirmation has been issued. Such instances may include:
 
(a) unavailability of stock of the Product ordered;
(b) inability to obtain payment authorisation;
(c) pricing/product description error;
(d) false/incorrect information submitted during Account registration; or
(e) the Customer has been blacklisted by MBNS. For clarity, a Customer shall be blacklisted by MBNS and shall be blocked and prevented from placing any Order if MBNS is reasonably satisfied that the Customer has, amongst others, engaged in the following conduct:
 
(i) abuse of discount codes;
(ii) inability to obtain payment authorisation;
(iii) repeated order cancellations without valid reason;
(iv) payment fraud.
3.6 MBNS therefore reserves the right at any time to:
 
(a) add, remove or withdraw any Product listed or displayed for sale on the Website at any time and from time to time; and
(b) accept, refuse or cancel any Order made by the Customer at any time and from time to time.
3.7 The Customer shall not be entitled to cancel any Order after an Order Confirmation has been issued by MBNS.
3.8 Any change in the Order details (including changes to delivery address, credit card details, shipping address or delivery method) shall not be permitted after an Order Confirmation has been issued by MBNS.
3.9 All prices of Products displayed on the Website shall be denominated in Malaysian Ringgit. We reserve the right to enhance or limit the currency offerings at any time without notice. All prices shall be inclusive of goods and services tax unless otherwise specified or determined by MBNS. MBNS shall be entitled to charge delivery charges which shall be distinct and separate from the pricing of the Products.
3.10 MBNS reserves the right to determine the prices of the Products at any time, including any promotional or sale price. The prices displayed on the Website shall be subject to changes as may be determined by MBNS at any time and without notice to the Customer.
3.11 While effort has been taken by MBNS to ensure that the details, description and pricing of the Products displayed on the Website are accurate, errors may occur in some instances, such as when the price of a Product is incorrectly displayed on the Website. MBNS shall be under no obligation to fulfill any Order if the price listed on the Website is inaccurate, even after an Order Confirmation has been issued.
3.12 Where a Customer has placed an Order and we discover that there was an error in the price of the Product, we may, at our sole discretion, either inform the Customer as soon as possible of such error and receive further instructions from the Customer, or cancel the Order. If the Order is cancelled by MBNS and the Product has been paid in full by the Customer, the Customer shall be entitled for a refund from MBNS.
3.13 All information and content made available on the Website in connection with the Products, including images, drawings, photographs, videos, dimensions, weight or performance are strictly for illustrative purposes only. The Customer further expressly acknowledges that the actual Product delivered to the Customer may slightly differ from the Product as displayed on the Website, due to without limitation, web image quality, broadcast quality, packaging, re-design and improvements. Unless otherwise specified, MBNS is not the manufacturer of any Product displayed on the Website.
3.14 All Products as displayed on the Website shall be subject to availability of stock, and MBNS does not guarantee the availability of the Products. If a Product requested by a Customer is out of stock, MBNS reserves the right to offer alternative products similar type, range and value to the Customer and in this regard MBNS shall not be held liable in any manner whatsoever to the Customer. MBNS reserves the right to impose a limit on the maximum quantity of the same Products that a single Customer is entitled to purchase.
3.15 MBNS reserves the right to carry out special promotions which offer free gifts or promotional items subject to terms as may be decided by MBNS.
3.16 Pre-order/pre-sale
MBNS may from time to time, make available the provision of pre-order or pre-sale Products on the Website. Customers are advised that they will be charged immediately for pre-ordered Products, and an e-mail will be sent to the Customers confirming the purchase. As regards pre-sale, delivery shall be fulfilled prior to the actual sale date of the Product, and Customers are advised that delivery will be on a staggered basis and will not follow the usual delivery schedule as provided in Clause 5 of the Terms and Conditions.

4. Payment

The Customer may choose any of the following payment methods in connection with the purchase of the Products on the Website. MBNS reserves the right to set the rules and policies regarding the payment methods and to make the necessary changes from time to time.

4.1 Credit Card / Debit Card
MBNS accepts all Visa and MasterCard credit and debit cards. Additional charges may be imposed by the bank and incurred by a Customer utilising a non-Malaysian issued card. MBNS shall request for pre-authorisation on a Customer’s payment card to ensure sufficiency of funds to complete the transaction. Upon authorising payment, the Customer expressly confirms that the Customer is the legitimate card holder. MBNS shall not be held responsible for any credit card fraud. The Order Confirmation will be issued to the Customer once the Customer’s payment card has been debited. If the Customer’s payment cannot be processed for any reason whatsoever, MBNS reserves the right to reject the relevant Order either in whole or in part.

Payments via credit or debit card shall be subject to a maximum of five (5) transactions not exceeding RM2,500.00 per day. The maximum limit shall not apply to a single Product priced above RM2,500.00. MBNS reserves the right to set credit/transaction limits in relation to the purchase of any Product.
4.2 Discount Codes
MBNS may from time to time, offer discount codes to a Customer, including discount codes for bulk purchases. The discount codes shall only be applied to purchases of Products made via the Account in which the discount code was offered by MBNS and against the respective Product in which the discount code was offered. The discount code must be applied by the Customer during the checkout stage, and MBNS shall not entertain any request by the Customer for the application of a discount code after the Order Confirmation has been issued. Unless specified otherwise by MBNS, a discount code shall only be redeemed once and shall not be used together with any other discount code or promotional vouchers. A Customer shall receive no refund or credit if the Product value is less than the discount code. In respect of a discount code specified in a particular cash amount (for example RM100), a Customer shall not be refunded the value of the cash amount if the Product is returned. If a Customer had partly paid for the Product, only the actual amount paid shall be refunded.
4.3 Gift Cards
MBNS may from time to time make available the provision of gift cards for the purchase of the Products on the Website. Gift cards shall be valid for a limited time and the Customer must use the gift cards on or before the date shown on the card, failing which MBNS shall be under no obligation to honour the gift cards. A Customer may only purchase gift cards in the following denominations: RM50.00, RM100.00, RM150.00 and RM200.00. Upon payment clearance, Customers will receive a gift code via e-mail, where they will be able to customise the same prior to gifting it to the intended recipient. MBNS shall assume no responsibility for any lost, stolen, deleted or otherwise used gift card after the gift code has been sent via e-mail to the Customer. MBNS shall assume no responsibility if the gift code cannot be delivered to the Customer’s e-mail for reasons beyond MBNS’s control, including firewall setting, filter, internet security protection or classification as spam/junk mail. Unless otherwise specified by MBNS, there shall be no refunds in respect of purchased gift cards.
4.4 If payment for any Order has already been made by a Customer but the Order is not accepted by MBNS, the Customer will be entitled to a refund. MBNS shall not be liable with respect to any loss, damage, cost or expense that the Customer or any person may incur as a result of any delay in the Customer’s financial institution processing the said refund.
4.5 If MBNS has reason to believe that a Customer is engaged in fraud, or is attempting to defraud or otherwise is involved in any illegal or suspicious activities with regard to the purchase of the Products, then MBNS shall reserve the right to require the Customer to make good the purchase using a different payment method, to reject /cancel the Order and/or to close/suspend the Account indefinitely.
4.6 MBNS reserves the right to add/ change the payment methods at any time and from time without prior notice. Customers are advised to view the Website for further details on the payment methods.

5. Delivery

5.1 MBNS reserves the right to appoint any third party delivery provider to deliver a Product to a Customer without notice to the Customer.
5.2 Subject to the terms herein, MBNS will deliver a Product to the delivery address specified by the Customer in the Order provided that the delivery address is not designated as an Undeliverable Location under Clause 5.5. The Customer may specify a hotel address as the delivery address, subject to the following (without limitation) and to Clause 5 herein:
 
(a) Orders shall be processed only for local credit /debit cards;
(b) Products with large dimensions will not be delivered;
(c) Full details of room number and duration of stay must be provided in advance by the Customer;
(d) MBNS shall be entitled to conduct verification checks with the hotel to confirm that the Customer or the intended recipient of the Product is actually staying at the hotel.
5.3 A Customer may require the Product to be delivered at a specified time and date, subject to the delivery provider’s standard delivery hours (9.00a.m – 6p.m). Any request by the Customer for any delivery after the standard delivery hours shall be at the sole discretion of MBNS, and additional delivery charges may apply.
5.4 Subject to the terms herein, we aim to deliver any Product ordered by a Customer within the estimated timeframe indicated below:
 
Location Estimated timeframe for delivery
Peninsular Malaysia Within two (2) Business Days if the Order is received before 1p.m on a delivery provider Business Day, subject to delivery being made to areas within major cities.

Within three (3) Business Days if Order is received after 1p.m on a delivery provider Business Day, where the delivery is being made to areas outside of major cities.

The Customer acknowledges that the estimated delivery time may vary in the event of bulk purchases.

MBNS reserves the right to determine whether any particular location shall be regarded as a major city for the purpose of delivery of the Products. Customers are advised to check the Website for further details.
East Malaysia Within five (5) Business Days if Order is received before 1p.m on a delivery provider Business Day.
5.5 The Customer acknowledges that it may not be possible for MBNS to deliver the Products to some locations (“Undeliverable Locations"). If this is the case, the Customers will be informed and MBNS may arrange for cancellation of the Order, or delivery to an alternative delivery address. The list of Undeliverable Locations is provided in the Website, and MBNS reserves the right from time to time to add, vary or change the list of Undeliverable Locations. The Customer is responsible to ensure that the delivery address stated in the Order does not fall within the Undeliverable Locations.
5.6 MBNS reserves the right to set the shipping charges in connection with the delivery of any Product without notice to the Customer.
5.7 While we make effort to deliver the Products within the estimated timeframe, delays may inevitably occur due to unforeseen circumstances. If MBNS foresees any delay in the delivery of the Products, MBNS will inform the Customers accordingly via e-mail.
5.8 We make no guarantee on our ability to deliver the Products within the estimated timeframe, and we shall be under no liability including for any loss, damages, charges or expenses arising from any delay in delivery. It is expressly agreed that time for delivery shall not be of the essence in this Terms and Conditions.
5.9 If the Customer is not present at the address during delivery of the Product, we may leave you with a physical sorry note (in both Bahasa Malaysia and English) giving out instructions for either re-delivery or self-pickup (with details of the nearest collection point). The cost for the re-delivery shall be borne by the Customers. If the Customer elects for re-delivery and the Customer fails to take delivery after the second attempt, then the Customer shall be obliged to collect the Product personally, at the nearest collection point within eight (8) days from the date of the second delivery attempt. If the Product is not collected by the Customer within the eight (8) days, the Product will be treated as returned to MBNS, and the Order will be automatically cancelled. A refund will be given to the Customer by MBNS, less any administrative, processing, delivery and related charges reasonably incurred by MBNS.
5.10 If the Customer rejects the delivery of the Product at the point of delivery, a standard Quality Control (“QC") inspection shall be performed by MBNS on the Product, to determine the validity of the Customer’s rejection. The QC inspection shall be undertaken within three (3) days from the date the Product is returned to MBNS’s central warehouse by the delivery provider. If the product has passed the necessary QC inspection and MBNS determines that there is no manufacturer defect in accordance with the manufacturer’s defect criteria (“manufacturer defect") the Product shall be re-delivered to the Customer at MBNS’s cost. If the product has failed the QC inspection and MBNS determines that there is a manufacturer defect, then the Customer shall receive a refund for the Product provided that the Product had been paid in full. For the avoidance of doubt, any determination by MNBS in respect of the QC inspection in this Terms and Conditions shall be final and binding on the Customer.
5.11 Once the Product has been successfully delivered to the Customer, an e-mail notification will be sent by MBNS to the Customer.
5.12 All risk in the Product shall pass to the Customer upon delivery. Where delivery is delayed due to a breach of the Customer’s obligation, the risk shall pass to the Customer at the date when delivery would have occurred but for the Customer’s breach. Notwithstanding delivery and passing of risk in the Products, the property in the Products shall not pass to Customer until MBNS has received payment in full of the price of the Products in an Order. MBNS shall not be liable to any Customer for any loss, liability, cost, charges or damages once the risk has been passed to the Customer.
5.13 MBNS may from time to time, make available the provision of premium service delivery in relation to the delivery of any Product, and MBNS reserves the right to impose additional terms, including the estimated delivery timeframe and delivery charges, in connection with the provision of such premium service.

6. Returns and Refunds

6.1 Subject to Clause 6.2 and the terms herein, a Customer may return a Product to MBNS within ten (10) days (“Returns Period") from the date the Product is received by the Customer “(Date of Receipt"). A Customer’s entitlement to request for a return shall be limited to a maximum of three (3) returns (by Product) within a thirty (30) day period from the first Date of Receipt.
6.2 The Customer shall only be entitled to request for a refund from MBNS if there is a manufacturer’s defect as determined solely by MBNS or where the Product delivered is different from the Product ordered by the Customer. Notwithstanding the aforementioned, the Customer shall not be entitled to request for a refund in the following circumstances, even if there was a manufacturing defect or incorrect Product delivery:
 
(a) where the Product cannot be returned due to health, cleanliness and hygienic reasons, including undergarment and swim-wear;
(b) Products (including any free gift or promotional item associated with the purchase) where the original seal / tag had been broken, torn or removed, or where the shrink-wrap had been torned up/opened or where there is a missing warranty card or sales invoice.
(c) Products not in their original box or packaging or where the box or packaging has been damaged;
(d) Products which come with accessories or which are part of a set or collection, where one of the accessories or one of the items in the set or collection is missing or had been used whether wholly or partially;
(e) Products without the accompanying free gift, promotional items or other bundled items, even if the first-mentioned Product is unopened and sealed;
(f) Products where the warranty card specifically mentions that no returns are allowed; or
(g) Products which are free gifts, promotional items or free bundled products.

For the avoidance of doubt, Products which are experiential events cannot be refunded, unless the event was cancelled by the event organiser due to unforeseen circumstances or due to incorrect order fulfilment. There shall be no refunds if the event is postponed to a later venue and/or date.

MBNS reserves the right to revise the list in Clause 6.2 at any time and from time to time.
6.3 If a Customer intends to request for a return, the Customer shall first lodge a return request form online via the Website (customer service), within seven (7) days from the Date of Receipt. The Customer is required to append the sales invoice and consignment notice together with the return request form. MBNS will issue a return request reference number, and upon receipt of the same, the Customer shall return the Product (using the Customer’s own means of delivery and at its own cost) within the Returns Period to MBNS’s central warehouse for QC inspection. The QC inspection shall be undertaken within three (3) days from the date the Product is returned by the Customer to MBNS’s central warehouse.
6.4 If upon QC inspection, MBNS determines that there is no manufacturer defect, no refunds shall be issued and the Product may be re-delivered by MBNS to the Customer, at MBNS’s cost. If upon QC inspection, MBNS determines that there is indeed a manufacturer defect, the Customer shall be entitled to a refund subject to the Products having been paid in full.
6.5 MBNS reserves the right to decide on the Products that may be returned or exchanged. For the avoidance of doubt, there shall be no exchanges for any Products. Any incorrect delivery of the Products or Products with a manufacturing defect shall be dealt with pursuant to the Returns and Refund policy under this Clause 6 of the Terms and Conditions.
6.6 Any refund made by MBNS to the Customer under this Terms and Conditions shall be made via the Customer’s original payment method, subject always to the Customer having paid for the Product in full. MBNS shall not be liable with respect to any loss, damage, cost or expense that the Customer or any person may incur as a result of any delay in the Customer’s financial institution processing the said refund.
6.7 Customers will be notified if the Product is lost in transit, in which case the Customer will be given the option to either re-order the Product, or request for a refund. Customers will receive a refund if the Product is not delivered after thirty (30) days from the estimated delivery date.
6.8 A Customer shall not be entitled to request for a return from MBNS after the Returns Period has expired. If the Product warranty period extends beyond the Returns Period, the Customer shall engage the supplier or manufacturer directly (at the location specified in the warranty card) in the event the Customer requires a return or refund. For the avoidance of doubt, a Customer shall not be entitled to request for any returns or refund after the expiry of the warranty period of the Product.

7. Liability and Indemnity

7.1 Nothing in this Terms and Conditions shall exclude or limit our liability in respect those which cannot be excluded or limited under any applicable law.
7.2 All content, information and material displayed on the Website including those in respect of the Product are provided ‘As Is’ and MBNS will not be responsible and disclaims all liability for any kind of loss, damage or injury suffered by the Customer or any third party for any inaccuracy or error in the presentation, display and broadcasting of such content, information and material. MBNS binds itself only to deliver the Products in accordance with the general description under which the Products were sold, whether or not any special or particular description shall have been given or implied by law. Any such special or particular description shall be taken only as the expression of MBNS’s opinion in that regard.
7.3 MBNS does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, quality, satisfactory quality, fitness for a particular purpose, usefulness, operation, completeness, accuracy or reliability in respect of any Product sold to a Customer (and/or any free gift or promotional items given in relation to any such Product), the material, information and/or functions therein and expressly disclaims all liability for all errors and omissions in such material, information and/or functions.
7.4 To the fullest extent permitted by law, the Customer agrees that MBNS will not be liable to a Customer and/or third party for any claims against MBNS for consequential or incidental loss and damage (including loss of revenue, loss of profits, loss of anticipated savings, loss of goodwill, loss of reputation, loss of privacy, loss of contracts, wasted expenditure, loss of contracts and loss of business) or any other indirect, special or punitive damages whatsoever that arise out of or in connection with any Product sold by MBNS (including free gifts and promotional items given in relation to any such Products), even if such loss or damages were reasonably foreseeable or MBNS had been advised of the possibility.
7.5 MBNS shall be under no liability against the Customer in respect of any (a) allergies or health or medical condition suffered by a Customer and (b) defect to any Product arising from unsuitable or improper use, defective installation or commissioning by the Customer or any third party, defective or negligent handling, misuse, abnormal working conditions, negligence, improper maintenance, excessive workload, fair wear and tear, wilful damage, unstable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow instructions (oral or in writing), misuse or alteration or repair of the Product, removal of parts of a Product, addition or insertion of parts in particular spare parts which do not come from MBNS without prior written approval of MBNS. In this connection, the Customer shall indemnify MBNS against each loss, liability and cost arising out of such claims.
7.6 The Customer shall indemnify, defend and hold MBNS, its directors, employees, shareholders, licensors, officers, agents, consultants, subsidiaries and affiliates harmless against all losses, liabilities, expenses, claims, damages and cost (including legal fees) arising from the Customer’s breach of this Terms and Conditions.
7.7 To the fullest extent permitted by law, MBNS’s aggregate liability to the Customer or any other third party in respect of any cause of action, shall in no circumstance exceed, in aggregate, a sum equal to 100% of any aggregate amount paid by the Customer in respect of the relevant Products.

8. General Terms

8.1 This Terms and Conditions shall be governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and MBNS regarding this Terms and Conditions will be subject to the exclusive jurisdiction of the relevant tribunal and/or courts of Malaysia and you expressly waive all defences to jurisdiction. You agree that the Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by MBNS in and from Malaysia.
8.2 MBNS shall not be liable for any breach, hindrance or delay of its obligations under this Terms and Conditions where it is prevented from carrying out its obligations by any event of force majeure or cause outside its reasonable control. In the event the force majeure lasts more than one (1) week, either the Customer or MBNS may cancel the Order, without any liability other than a refund of the Product which has already been paid in full by the Customer. If MBNS has similar orders of a Product and it is prevented from fully meeting its obligations to any Customer due to any reason for force majeure, MBNS reserves the right to decide which orders it will perform and to what extent.
8.3 The Terms and Conditions herein constitute the entire agreement between the Customer and MBNS with respect to the subject matter hereof, and supersedes all previous oral or written agreements or understanding between you and MBNS, and no advice or information, whether oral or written, obtained by you from the Website (whether before or after the date you accept this Terms and Conditions) shall create any obligation or warranty on our part not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by the Astro Group, third party content or third party software. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Terms and Conditions.
8.4 MBNS’s failure to insist upon or enforce strict performance of any provision of this Terms and Conditions shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by MBNS in writing.
8.5 If any provision of this Terms and Conditions is held invalid, the remainder of this Terms and Conditions will continue in full force and effect, and if any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. A printed version of this Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
8.6 Any notice under this Terms and Conditions to MBNS shall be given in writing, either through letter or e-mail based on the address and e-mail address as stated in the sales invoice. Any notice under this Terms and Conditions to the Customer shall be sent in writing either through letter or e-mail based on the details entered into by the Customer during the Account creation. A notice will be deemed received upon hand delivery or on the 3rd Business Day after posting or upon receipt of e-mail.
8.7 Nothing in this Terms and Conditions shall create or be deemed to create a partnership, joint venture or an agency relationship between the Customer and MBNS.
8.8 MBNS may assign this Terms and Conditions to any party at any time without notice to the Customer and this Terms and Conditions shall be binding upon and inure to the benefit of each party’s respective permitted successors and assignees.
8.9 The Customer may not assert any claim against MBNS in connection with this Terms and Conditions unless the Customer has given MBNS written notice of the claim within fourteen (14) days after the Customer knew or should have known of the facts giving rise to such claim. The Customer agrees that any cause of action arising out of or related to this Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
8.10 MBNS reserves the right without notice to suspend or terminate the Customer’s access to the Website if the Customer breaches any of the Terms and Conditions, the Website Terms of Use, Privacy Policy and/or the Privacy Notice by giving fourteen (14) days written notice to the Customer. Upon termination, the Customer shall cease all access to and the use of the Website and MBNS shall, in addition to any other legal or equitable remedy, immediately cancel the Account and deny access to and use of the Website to the Customer in whole or in part. Any termination shall not affect the respective rights and obligations of the MBNS or the Customer (including the Customer’s payment obligation to MBNS) arising before the date of termination.
8.11 MBNS reserves the right to amend the Terms and Conditions at any time. All amendments shall be posted online and shall be effective immediately once posted. Your continued use of the Website shall be deemed to constitute acceptance and agreement to be bound by the amended Terms and Conditions.