Terms of Service
Welcome to the CIDB LINK website These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out By accessing the Platform and/or using the Services, you agree to be bound by Terms and Conditions and any amendments to the foregoing issued by us from time to time.
- The Terms of Use stated herein constitute a legal agreement between you and CIDB HOLDINGS SDN BHD.
- CIDB LINK reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the USE OF THE PLATFORM AND/OR SERVICES:
a) We grant you a non-transferable and revocable access to use the Platform and/or Services, subject to these Terms of Use, for the purpose of accessing CIDB LINK services. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.
b) Content provided on this Platform is solely for informational purposes. Product representations expressed on this Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
c) Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. CIDB LINK shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
d) We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
e) TERMINATION: In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms. Upon any termination of these Terms of Use and/or other Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that CIDB LINK shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.
Basis of the Contract
- The Platform provides a place and opportunity for the sale of Goods & Services between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods & Services listed for sale on the Platform, be it CIDB LINK or a Third-Party Vendor, may be stated on the webpage listing such Goods & Services .
- Where the Buyer has placed an order on the Platform for the purchase of Goods & Services sold by CIDB LINK and CIDB LINK has accepted the same, this shall constitute a Contract entered into directly between the Buyer and CIDB LINK. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods & Services sold by CIDB LINK and has accepted the same, this shall constitute a Contract entered into directly between the Buyer and CIDB LINK. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods & Services , warranty of purchase and the like.
- Any information made available on the Platform in connection with the supply of Goods & Services , including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by CIDB LINK through the system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
- While CIDB LINK endeavours to provide an accurate description of the Goods & Services , neither CIDB LINK nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods & Services the Buyer receives is fundamentally different from the Goods & Services as described on the Platform and which the Buyer has ordered, Clause 2(d) of these Conditions shall apply.
- Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by CIDB LINK in its website shall be subject to correction without any liability on the part of CIDB LINK.
Orders and Specifications
- The Buyer may purchase Goods & Services by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to CIDB LINK’s acceptance in their sole discretion and each order accepted by CIDB LINK shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. CIDB LINK shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which CIDB LINK shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
- Order acceptance and completion of the Contract between the Buyer and CIDB LINK will only be completed upon CIDB LINK issuing a confirmation of dispatch of the Goods & Services to the Buyer. For the avoidance of doubt, CIDB LINK shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. CIDB LINK shall furthermore be entitled to require the Buyer to furnish CIDB LINK with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
- No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from CIDB LINK and on terms that the Buyer shall indemnify CIDB LINK in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by CIDB LINK as a result of the modification or cancellation, as the case may be.
Price
- The price of the Goods & Services shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to CIDB LINK in addition to the price, but it excludes the delivery charges.
- In the event that a Goods & Services has been mispriced on the Platform, CIDB LINK reserves the right to terminate the Contract, in which CIDB LINK shall, notify the Buyer of such cancellation by giving three days’ notice. CIDB LINK shall have such right to terminate the Contract notwithstanding that the Goods & Services have been dispatched or are in transit or that payment has been charged to Buyer.
Terms of Payment
- The Buyer shall be entitled to make payment for the Goods & Services using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon CIDB LINK acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to CIDB LINK, by accepting payment in its own right
- The terms and conditions applicable to each type of payment, as prescribed by CIDB LINK on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
a) Credit Card: Credit card payment option is available for all Buyers. CIDB LINK accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
b) Debit Cards: CIDB LINK accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
c) Online Banking: By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods & Services purchased by Buyer to a CIDB LINK account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. CIDB LINK, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time. - Buyer may not claim against CIDB LINK or any of its agents (which may include CIDB LINK), for any failure, disruption or error in connection with the Buyer’s chosen payment method. CIDB LINK reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
- If the Buyer 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 CIDB LINK, CIDB LINK shall be entitled to:
a) cancel the Contract or suspend deliveries of the Goods & Services until payment is made in full; and/or
b) charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest). - All refunds shall be made via the CIDB LINK virtual payment account (“CIDB LINK Payment Account”). CIDB LINK offers no guarantee of any nature for the timeliness of the refunds reaching the CIDB LINK Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by CIDB LINK. All refunds are conditional upon CIDB LINK’s acceptance of a valid return of the Goods & Services. CIDB LINK reserve the right to modify the mechanism of processing refunds at any time without notice.
- All payments for the purchased Goods & Services must be made to CIDB LINK using the payment methods made available on the Platform only. CIDB LINK shall not be held responsible for any losses which may arise from payments made directly to CIDB LINK or through payment methods apart from the available payment methods on the Platform.