TERMS & CONDITION

Definitions:

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For the purpose of these Terms and Conditions, the following definitions apply:

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Customer

Any person who has agreed to these Membership Rules and who accesses EXCEL GROUP Online Store.

Member

Any Customer who has successfully registered on EXCEL GROUP Online Store. For the avoidance of doubt, Members are also Customers.

EXCEL GROUP

EXCEL GROUP  as well as other EXCEL SEEDS TRADING SDN BHD and its affiliates.

Site: The website of the mall operated by EXCEL SEEDS TRADING SDN BHD.

Services

The services provided by EXCEL GROUP to Customers and Members through the Site as described below. Services will be updated from time to time at EXCEL GROUP’s discretion.

Transaction

Any activity undertaken by a Customer through the Site such as online shopping.

Merchant

Any provider of goods or services that execute Transactions, such as store operators on the Site, in this case, MOL.

These Rules and Other Rules

These Terms and Conditions and other regulations and guidelines as determined by EXCEL GROUP including the terms of use of any services and Web sites operated by EXCEL GROUP as well as important information with respect to the mall.

Member Data

The information provided by EXCEL GROUP Members as well as historical data regarding Transactions (Including the information collected pursuant to Article 11).

“Carrier”

Means EXCEL GROUP “Same Day Delivery Service”, which, unless the context requires otherwise, includes any sub-contractor appointed by the Carrier.

Use of Service

A Customer may use the services available on EXCEL GROUP based on the terms and conditions as determined by EXCEL GROUP. Customers may be required to register as Members to be able to use some Services provided by EXCEL GROUP. All Members acknowledge and agree that from time to time EXCEL GROUP may add important features and affiliate programs and all Members will be subject to their terms and conditions determined by EXCEL GROUP in order to be able to participate in such features or programs.

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These Terms & Conditions apply to all Customers and must be observed when they sign up for membership and after they sign up as Members. Customers and Members must agree to these Terms & Conditions before using the Service.

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Member Registration

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Member Qualifications – Any person who has purchased an EXCEL GROUP devices will be granted membership upon successful completion of the registration procedure determined by EXCEL GROUP. Registration will be done internally by EXCEL GROUP. EXCEL GROUP reserves the right to refuse membership to those whose membership has been revoked in the past or who for whatever reason shall be deemed by EXCEL GROUP to be ineligible for membership.

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Amending Registered Information

If there are changes to the information listed, the Individual concerned must immediately update such information on the Site. EXCEL GROUP is not responsible for losses incurred due to failure to update registration information. Every Transaction completed before amendments to the registration information will be based on the information previously provided by the Individual.

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Members are responsible for immediately contacting EXCEL GROUP regarding changes to the registration information if necessary.

Cancellation of Membership

Members who intend to cancel their membership must submit a request to EXCEL GROUP. Membership will be canceled upon completion of the specified cancellation procedure.

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Site Transactions

Transactions made by Customers with the Merchant via the Website is a direct transaction between Customers and Merchants. EXCEL GROUP will not be involved and does not assume any responsibility for such a transaction, including cancellations, unless EXCEL GROUP is providing such transaction. Any problems arising from a Transaction must be resolved between the Merchant and the Customer.

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Disclaimers

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Customers may be contacted by Merchants regarding Merchant services, a transaction with the Merchant, goods and services, Web site content and descriptions, privacy policies, and other matters with respect to the Merchant. EXCEL GROUP makes no warranties regarding the authenticity, accuracy, novelty, use, reliability, legality or non-violation of the rights of third parties in connection with Merchants or their websites.

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EXCEL GROUP will not be liable for damage caused by interruptions to the system, delay, suspension, or loss of data due to connection or computer failure, unauthorized access to data, or other damages suffered by Customers in connection with use of services provided by EXCEL GROUP.

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EXCEL GROUP does not warrant that the contents of electronic mail from the Site, the EXCEL GROUP server, or domain groups are free of computer viruses or elements other damaging.

EXCEL GROUP will not be responsible for the consequences of information or any suggestions that may be given to Customers by EXCEL GROUP or Merchants.

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EXCEL GROUP will not be liable for losses caused by violation of these Terms and Conditions by the Customer.

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Prohibition

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When using services, Customer agrees not to:

– violate the laws, rules and regulations, including but not limited to these Terms & Conditions;

– act in a way that is detrimental to the rights, interests or reputation of EXCEL GROUP, Merchant, or relevant third parties;

– engage in activities that can lead to mental or physical disorders in children, or violate public order and morals;

– engage in activities that may cause interference or hurt the feelings of other users or third parties;

provide false information;

– send viruses, malware, or any other type of electronic damage through computer programs or email messages.;

– access the EXCEL GROUP server in a non-authorized way; or

– lend or give the user ID and password to a third party or use it together with a third party.

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EXCEL GROUP reserves the right to suspend or terminate the Service to any Customer who breaches or is reasonably suspected to be in breach of the above prohibitions.

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Suspension and cancellation of Membership

EXCEL GROUP reserves the right to suspend use of services of a specific Member, change its user ID and password, or cancel the membership without prior notice if any of the following occurs.

EXCEL GROUP is not responsible for any loss suffered by the Member for such a cancellation or suspension of the membership caused by the following:

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– The violation of any law or regulation or these terms and conditions;

– Misuse of the Service by Members;

– Whenever the security measures of the Service determine that a wrong password has been entered too many times, in order to protect the account of the Member;

– In other circumstances where EXCEL GROUP considers that such action is necessary.

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EXCEL GROUP reserves the right to change the user ID and password of a Member, or cancel membership without prior notice when the Member concerned does not log in at the frequency specified in the given time period by EXCEL GROUP.

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Amendment or Removal of Services

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EXCEL GROUP reserves the right to modify or remove services, in whole or in part, solely at its discretion.

Changes of these Terms and Conditions

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EXCEL GROUP may revise any or all of these rules at any time. When a revision or addition is made to these Terms and Conditions, such revisions or additions will become effective once they are displayed in the EXCEL GROUP Website.

Customer agrees to comply with all revised and additional regulations.

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Governing Law and Jurisdiction Courts

These rules are governed by and interpreted in accordance with the laws of Malaysia. All Customers acknowledge and agree that all disputes arising from or in connection with the Services will be exclusively resolved through the Courts of Malaysia.

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Order Limitations/Limited Quantities

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We reserve the right to reject any product(s) order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

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EXCEL GROUP may, at its own discretion, limit or cancel quantities purchased per person, per household or per order.

EXCEL GROUP also reserves the right to reject any order you place with us. These restrictions includes all and any product(s) orders placed by the same EXCEL GROUP site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

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EXCEL GROUP reserves the right to limit or prohibit sales to dealers or re-sellers.

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1. Delivery Services

1.1   These Terms and Conditions are subject to change without prior notice.

1.2  The Carrier is not a common carrier and accepts at its sole discretion of purchased goods for carriage under these Terms and Conditions.

1.3  Delivery service is applicable when purchased from via EXCEL GROUP Online Store

2. Purchase Time Period

2.1   Carrier will dispatch items once payment verification has completed for Same Day Delivery. Dispatch time period is between 11am to 5pm, Monday to Friday.

2.2  Cut off time for purchase entitled for Same Day Delivery is 2pm daily.

2.3  Same Day Delivery will not be available on Public Holidays, Saturdays and Sundays.

2.4   Same Day Delivery is not available on Friday, 12pm – 2pm.

3. Delivery

3.1 As, (3.1) Carrier will dispatch items once payment verification has been confirmed before the cut off time of 2pm. Dispatch time period is between 11am to 5pm, Monday to Friday.

3.2 The Carrier may employ the services of any other carrier for the purposes of fulfilling the delivery if Same Day Delivery is not applicable for the address stated.

3.3 Carrier may employ the services of any other carrier for the purposes of fulfilling the delivery upon unavailability of agents to fulfil the order.

3.4  All goods will be delivered only to the Residential Address or Work-Place Address.

3.5 Customer allows EXCEL GROUP to verify the Malaysian IC for identification matching during delivery of purchased items. Customer are required to present the order ID & Malaysian Identification Card during receiving.

3.6  Same Day Delivery will not be available on Public Holidays, Saturdays and Sundays despite the option being present. The arrangement of purchase during the weekends will be delivered on the next business day.

3.7  In any unforeseen circumstances, carrier reserves the right to employ services of any other partnered courier to fulfil the delivery. The delivery may not be “Same Day Delivery” when using partnered courier company.

3.8 Unforeseen circumstances may be “bad weather, acts of god, any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition or destruction of or damage to property by or under the order of any government or public or local authority.

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During Delivery of Items

Undelivered or Unclaimed Goods

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• Where the Carrier is unable for any reason to deliver purchased items to the customer, the Carrier assigned a partnered courier to fulfill the deliverance of the purchased items. The assigned partnered or other shipping option is subject to the shipping time of 3-5 working days.

• If the items are unable to be delivered upon second attempt, carrier reserves the right to resell the item. The customer will be required to contact the carrier for any other arrangements.

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Cancellation

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Customers have a right to cancel Delivery. Kindly contact us via contact@excelgroup.com.my before the delivery period (11.00am – 5.00pm)

Loss and Damaged

• The Carrier shall not be liable in respect of any loss or misdelivery to a wrongly stated address, wrongly stated identity of or damage if the same has arisen from:

• Acts of God;

• Any consequences of war, invasion, the act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition or destruction of or damage to property by or under the order of any government or public or local authority;

• Seizure or forfeiture under legal process;

• Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labor from whatever cause;

• The customer not taking or accepting delivery within a reasonable time after the purchased items have attempted delivery;

Fraud

• The Carrier shall not in any circumstances be liable in respect of a purchase order where there has been fraud on the part of the Customer or the owner of the purchased item(s).

• Upon an event of fraud, the carrier will proceed on a protocol to perform the necessary actions including, the filing of a police report and contact the customer.