Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
1. Definitions & Interpretation
2. General use of Services and/or access of Platform
3. Use of Services
4. Customers with Aone Plus accounts
4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating. 4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be: (a) access to the relevant Platform and/or use of the Services by you; or (b) information, data or communications posted, transmitted and validly issued by you. You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.
5. Intellectual property
6. Our limitation of responsibility and liability
6.1 No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant: (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials; (b) that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected; (c) that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and (d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet. 6.2 Exclusion of liability: Aone Plus Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (a) any access, use and/or inability to use the Platform or the Services; (b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents; (c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and (d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same. 6.3 At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.
7. Hyperlinks, and alerts
7.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk. 7.2 Promotions: We may attach banners, java applets and/or such other materials to the Platform for the purposes of promoting our or our Third Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.
8. Your submissions and information
8.1 Submissions by you: You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions. 8.2 Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Malaysia or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail. 8.3 Aone Plus may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.
10.1 Notices from us: All notices or other communications given to you if: (a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or (b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left. 10.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed. 10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
12. Voucher Terms & Conditions
The following terms and conditions (T&Cs) apply to your use and redemption of promotional vouchers or voucher codes, where such vouchers are offered for no consideration.
Last Updated: January 13, 2014
Terms & Conditions of Sale
1. Definitions & Interpretation Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
2. Purchase of Products 2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Aone Plus (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. Aone Plus reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform. 2.2 Sellers: Products are sold by “Sellers”. Aone Plus may be a “Seller” for selected Products. “Seller” may also refer to a party other than Aone Plus (such party referred to in these Terms & Conditions of Sale as a “Third Party Vendor”). Whether a particular Product is listed for sale on the Platform by Aone Plus or a Third Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which: 2.2.1 for Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and 2.2.2 for Products sold by Aone Plus, shall be agreements entered into directly and only between Aone Plus and you. 2.3 Product description: While Seller endeavours to provide an accurate description of the Products, neither Aone Plus nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply. 2.4 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Submit Order button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order. 2.5 You have the right to cancel your order within twenty-four hours from the time of your order (“Cooling Off Period”). The cancellation must be communicated to Aone Plusin writing within the Cooling Off Period. Upon the expiration of the Cooling Off Period, all Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order. The details regarding the cancellation process and policy of Aone Plus can be accessed here. 2.6 Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Aone Plus confirming your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion. 2.7 Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event Aone Plus shall, on behalf of Seller, notify you of such cancellation by giving three days’ notice. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the Seller shall refund the payment charged to you for the Product. 2.8 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, under the “Specifications” tab in the field “Product Warranty” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied. 2.9 Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Aone Plus or Seller. You also acknowledge and agree that to the extent allowed under Malaysia law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable. 2.10 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9 and to the extent allowed under Malaysia law: 2.10.1 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller; 2.10.2 any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against Aone Plus within six months from the date of delivery, or from the scheduled delivery of the Product. 2.10.3 Aone Plus shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Vendor’s implied or express warranty on the Products; 2.10.4 for products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labelling requirements; 2.10.5 Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Aone Plus’s prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims; 2.10.6 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and 2.10.7 To the extent allowed under Malaysia law, Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any. 2.11 Intellectual Property: 2.11.1 Unless the prior written consent of Aone Plus has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products. 2.11.2 Where software applications, drivers or other computer programmes and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of licence or use (such as end-user licences, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions. 2.11.3 The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of Aone Plus has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon Aone Plus’s request.
3. Delivery of Products 3.1 Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or by Aone Plus (or its agents) on behalf of Seller. 3.2 Shipping & packing charges: Shipping and packing charges shall be as set out in the Order. 3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform. 3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused. 3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform Aone Plus within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If Aone Plus does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product subject to your rights under Malaysia law. 3.6 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.
4. Prices of Products 4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform). 4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5. Payment 5.1 General: You may pay for the Product using any of the payment methods prescribed by Aone Plus from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to Aone Plus, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). You acknowledge that Aone Plus is entitled to collect payments from you on behalf of Third Party Vendors. 5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by Aone Plus from time to time. 5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include Aone Plus), for any failure, disruption or error in connection with your chosen payment method. Aone Plus reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason. 5.4 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract. 5.5 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full. 5.6 Refund of Payment: 5.6.1 All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds will be made via bank transfer or store credit into the individual’s bank account provided that complete and accurate bank account details are provided to us. 5.6.2 We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline. 5.6.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us. 5.6.4All refunds are conditional upon our acceptance of a valid return of the Product. 5.6.5 We reserve the right to modify the mechanism of processing refunds at any time without notice. 5.6.6. The guidelines regarding the refunds process of Aone Plus can be accessed here.
6. Returns/Repairs/Replacements 6.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy here. Seller is not obliged to agree to any return unless all such instructions are followed to Seller’s and Aone Plus’s satisfaction. Should Seller agree to the return, Seller will deliver the replacement Product to your specified address. 6.2 Permitted returns: Subject to Clause 6.1, within 14 days for items covered under Satisfaction Guaranteed, and 7 days for items covered under 100% Buyer Protection, from the date of delivery of the Product, you may return a Product when you: 6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract; 6.2.2 receive a faulty or damaged Product; 6.2.3 receive a product that is not as advertised on the platform; 6.2.4 wrong item is delivered; 6.2.5 receive a product that has missing parts/items; or 6.2.6 receive a product that does not fit (for fashion items). 6.3 Repair, replacement or price reduction: As an alternative to returning faulty or damaged Products under Clause 6.2, a Customer may request for a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to Aone Plus and the Customer may not later elect for a return under Clause 6.2. Where the Products have not been repaired or replaced within a reasonable time, Aone Plus may, at its sole discretion, grant to the Customer a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15 per cent. (15%) of the price of the affected Products. Upon repair, replacement or price reduction being made as aforesaid, the Customer shall have no further claim against Seller. 6.4 Replacement Products: When Aone Plus has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller’s property and upon request such Products or parts thereof should be shipped back to Seller. 6.5 Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when Seller (via Aone Plus or Aone Plus’s agents) has tendered delivery of the Products. 6.6 In cases where the customer refuses to take possession of the product without sufficient cause or justification, or returns the item without sufficient cause or justification, as provided under Clause 6, Aone Plus will safely keep the item for a period of fifteen (15) days, reckoned from the date Aone Plus receives the product from customer. After the lapse of such period, the product or item is deemed abandoned by customer, and Aone Plus or Seller may dispose of the product or item. Notwithstanding the foregoing, Aone Plus will use its best efforts to return the product to the Customer within the time frame provided.
7. Questions and complaints If you have any questions or complaints, please contact Aone Plus using the “Contact Us” page on the Platform. Aone Plus will liaise with Sellers on your questions and complaints.
8. Termination 8.1 Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to Aone Plus at ”Contact Us” page on the Platform, subject to Clause 2.5. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6. 8.2 Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Seller, or Aone Plus acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events: 8.2.1 the Products under the Customer Contract being unavailable for any reason; 8.2.2 the Customer being in breach of an obligation under the Customer Contract; 8.2.3 the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution; 8.2.4 the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or 8.2.5 the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
9. Risk and property of the Goods 9.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when Aone Plus has tendered delivery of the Goods. 9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Customer until Aone Plus has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Aone Plus to the Customer for which payment is then due. 9.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as Aone Plus’s fiduciary agent and bailee and shall keep the Goods separate from those of the Customer. 9.4 The Customer agrees with Aone Plus that the Customer shall immediately notify Aone Plus of any matter from time to time affecting Aone Plus’s title to the Goods and the Customer shall provide Aone Plus with any in-formation relating to the Goods as Aone Plus may require from time to time. 9.5 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) Aone Plus shall be entitled at any time to demand the Customer to deliver up the Goods to Aone Plus and in the event of non-compliance Aone Plus reserves it’s right to take legal action against the Customer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer. 9.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Aone Plus but if the Customer does so all moneys owing by the Customer to Aone Plus shall (without prejudice to any other right or remedy of Aone Plus) forthwith become due and payable. 9.7 If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Customer shall take all steps necessary to give effect to the same. 9.8 The Customer shall indemnify Aone Plus, all of its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of Aone Plus’s rights under this condition.
10. Limitation of liability 10.1 Sole remedies of customer: The remedies set out in Clause 6 are the Customer’s sole and exclusive remedies for non-conformity of or defects in the products. 10.2 Maximum Liability: Notwithstanding any other provision of these terms & conditions of sale, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to Seller under such customer contract. 10.3 Exclusion of liability: Aone Plus indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the platform in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with Seller’s instructions on the use of the products (whether oral or written).
11. General 11.1 References to “Aone Plus”: References to “Aone Plus” in these Terms and Conditions of Sale apply both to Aone Plus actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract. 11.2 Right to subcontract: Third Party Vendors or Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to Aone Plus or any of Aone Plus’s designated service providers, subcontractors and/or agents. 11.3 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity. 11.4 Warranties: The implied warranty under the New Civil Code of the Malaysia against hidden defects and the rights of a consumer under Title III, Chapter III of the Consumer Act of the Malaysia.