You agree that the Bytox Malaysia reserves the right to amend these terms and conditions at any time, in its sole discretion, by posting any such amendment(s) to Bytox Malaysia website without prior and separate notice.
The following terms and conditions govern the usage of the bytox.com.my website between the users and Bytox Malaysia. By using the site and any of its applications, you agree to the Terms and Conditions therein. If you do not agree to any such amendment(s), your sole recourse shall be to cease using the site.
2.1 Use of Content
You may not replicate or in any way forge any of the applications and media found on the bytox.com.my website including the YouTube, videos or product images without the consent from Bytox Malaysia. You are however allowed to refer these media on another, given that it is unaltered and credited from Bytox Malaysia.
The media used in the bytox.com.my website including images, photos, templates and videos are the sole proprietary of Bytox. Any attempts of claiming the content as your own will subject to copyright infringement.
You may not use Bytox Malaysia website for any of the following purposes:
• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
• gaining unauthorised access to other computer systems;
• interfering with any other person’s use or enjoyment of Bytox Malaysia website;
• breaching any laws concerning the use of public telecommunications networks;
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
• any claim by any third party that the use of the Bytox Malaysia website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Bytox Malaysia website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Bytox Malaysia website by you
4.1 Accuracy and Discrepancy of Information
Contents found on the bytox.com.my website may contain discrepancies of information on products or its services. Should you encounter them, please verify with Bytox Malaysia.
Services by Bytox Malaysia and bytox.com.my complies with the Terms and Conditions as provided therein. We reserve the rights to change the Terms and Conditions at any given time.
Except as otherwise expressly stated with respect to our products, all contents of the site are offered on an “as is” basis without any warranty whatsoever either express or implied. Bytox Malaysia makes no representations, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Bytox Malaysia does not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. While we make reasonable efforts to provide accurate and timely information about Bytox Malaysia on this site, you should not assume that the information provided is always up to date or that this site contains all the relevant information available about Bytox Malaysia. Bytox Malaysia undertakes no obligation to verify or maintain the currency of such information.
By accessing and bytox.com.my website, you acknowledge and accept that the use of the site is at your own risk. Subject to any rights you may have under any consumer protection law and to the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to user the site. Without limiting the foregoing:
To the extent permitted by law, this site and all information and materials contained in it are provided “As Is” without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non-infringement. We have no liability or responsibility for any errors or omissions in the contents of the site, to the extent permitted by law. We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of any use of or access to the site/catalogue, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the site, whether for breach of contract, tortious behaviour, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the site/catalogue, or any uploading, downloading or publication of data, text images or other material or information to or from the site.
5. You may not use Bytox Malaysia website for any purpose that is unlawful or prohibited by this agreement, or cause damage on or through the Byrox Malaysia website.
6. Limitation of liability
Under no circumstances shall Bytox Malaysia be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the website or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the website. Bytox Malaysia shall not be liable even if Bytox Malaysia authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
You may find that it is possible to link from other websites to this website, which is the official “Bytox Malaysia” website. Those other websites are not under our control. We cannot determine the content of those websites and do not know whether the statements made in those websites are true or false, even if someone from our company occasionally visits those websites, is quoted, or leaves a comment. We are not responsible for the accuracy or reliability of the information on those websites and cannot vouch for the data, opinions, advice or statements made there. Even if we visit those websites, we cannot be responsible for updating or correcting false or misleading information on any third-party website. Further, we are not responsible for the goods or services that may be offered on other websites.
8. Product Sales, Price & Availability
All products displayed on this site will be delivered only within Malaysia. All prices displayed on the site are quoted in Malaysia Ringgit and are valid and effective only in Malaysia. You must pay the product charges including taxes, if applicable, and any applicable delivery charges. Prices are subject to change without prior notice and all orders are subject to Bytox Malaysia’s acceptance at its sole discretion and stock availability. In the event that we are unable to fulfil any of the products or services in your order, we will notify you by phone or email.
Bytox Malaysia reserves the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations.
9. Additional Terms
We ask that parents supervise their children while online.
• Customer shall pay for the order in full at the time of ordering by supplying us with your credit card details from a credit/debit/charge card company acceptable to us, which we require in order to process your order. The credit card account or member account must have sufficient funds or member points to cover the proposed payment to us.
• We shall not be obliged to supply the product to you until we have accepted your order. An order shall be formed and we shall be legally bound to supply the product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you, in the form of a document called a “Confirmation of Order” stating that we are accepting your order.
• Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order.
• The Company may cancel an order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. Refund will be credited into Customer’s credit card account depending on the period of time your financial institution required to arrange for the refund.
You are not allowed to cancel the order once a Confirmation of Order is issued. If you wish to seek further information or assistant, kindly contact our customer service hotline +603 7784 9113.
• You shall examine the goods immediately upon collection / delivery for any deficiencies and/or damages. Claims (if any) must be lodged to our customer service hotline +603 7784 9113 at the time of collection/ delivery; otherwise we shall have the discretion to refuse your claim.
• Appointment for any faulty or damaged goods return/collection shall be arranged by our customer service. Once goods collected by our partnered courier service company, we will process the refund within 30 days from the date we received your returned goods.
• Exchange of the product or refund for the product can be arranged for the following reasons:
-If the product is obviously expired / damaged upon collection at time of delivery
-If the product is expired / damaged inside packaging after collection/ delivery; and you contact customer service within 7 days.
• We will inspect the returned product upon return by you. If one or more of the conditions in paragraph above is fulfilled, you are entitled to choose between an exchange of the product if the product is available in our stock, or for a refund to be made to you after 30 days from the approved return date.
• Goods returned for a refund shall be refunded at the price which you had paid at the point of ordering.
• We accept payment by Visa, MasterCard, American Express, local bank online transfer such as Maybank2U and Bytox Malaysia shall not be liable for any credit/debit/charge card fraud. Please note that we do not receive cash on delivery.
• We shall deliver the products to the delivery address specified and keyed in by you on the order form. Your order will be delivered to you via the service of a courier service company appointed by Bytox Malaysia.
• We aim to deliver within the time frame indicated below but we are not able to guarantee any firm delivery dates upon order and to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
|Location||Delivery time frame|
|Peninsular Malaysia||2 – 5 working days|
|East Malaysia (included Labuan)||3 – 8 working days|
Note: There is no delivery during Saturday, Sunday and Public Holiday
• On delivery of the product, you are required to sign for delivery. You shall examine the goods immediately upon collection for any deficiencies and/or damages before you sign for delivery. All risk in the product shall pass to you upon delivery.
• Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
• Delivery Charges will be calculated based on the weight of the order received as below:
|For order of 1 box per delivery per location||RM 7.00|
|For order more 1 box per delivery per location||RM 10.00|
|East Malaysia (Including Labuan)|
|For order 1 box per delivery per location||RM 20.00|
|For order more than 1 box per delivery per location||RM 30.00|
• All goods must be received by an adult aged 18 years or over. If the driver has doubt over the age of the person receiving the goods, he is entitled to ask such person to show an identity card to prove his/her age. If the person is shown not to be over 18 and no other person can receive the goods, Bytox Malaysia shall not hand over the goods.
• If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the nearest branch of our appointed courier company.
• If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the product available for delivery or collection and notify you that we are immediately cancelling the order, in which case we will refund to you or your credit/debit/charge card company as applicable any money already paid to us under the order, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided).
• If you request for redelivery, we are entitled to charge for providing the service.
• It is the responsibility of the customer to notify Bytox Malaysia immediately of any change to their delivery address.
• We reserve the right to decline delivery of goods to any customer at our sole discretion absolutely.
We shall not be liable for any delay or failure in our performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.