1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The materials and information in this Website, including but not limited to services, products, information, data, text, graphics, audio, video, links or other items, are provided on an "as is" and "as available" basis. References to materials and information contained in the Website include such material and information provided by third parties.
NESH does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the Website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of NESH, reasonable measures will be taken by NESH to ensure the accuracy and validity of all information relating to transactions and products and services of NESH.
Further NESH does not warrant or represent that access to the whole or part(s) of this Website, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
NESH will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
2. ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to NESH, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned and/or licensed by NESH and/or its content supplier and are protected by copyright, trademarks and other laws. The compilation of all content on this Website is the exclusive property of NESH and is protected by copyright laws. All software used on this Website is the property and/or licensed to NESH and is protected by copyright and other laws.
All trademarks, service marks, and logos displayed on this Website are owned and/or licensed by NESH and/or their respective third party proprietors as identified on the Website.
Unless the prior written consent of the NESH and/or the relevant third party proprietor(s) of any of the trademarks, service marks or logos appearing on the Website has been obtained, no license or right is granted to any party accessing this Website to use, download, reproduce, copy or modify such trademarks, service marks or logos. Similarly, unless the prior written consent of the NESH and/or the relevant proprietor(s) has been obtained, no such trademarks, service marks or logos may be used as a link or to mark any link to the Website or any other site owned and/or controlled by NESH.
5. LICENSE AND WEBSITE ACCESS
NESH grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NESH. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NESH. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NESH and/or its relevant third party proprietor without express written consent. You may not use any metatags or any other "hidden text" utilizing NESH's name or trademarks without the express written consent of NESH. Any unauthorized use terminates the permission or license granted by NESH.
6. EXCLUSION OF LIABILITY
NESH herein shall in no event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this Website (or any third party link to or from the Website), reliance on the information contained on the Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
This exclusion clause shall take effect to the fullest extent permitted by law.
You hereby irrevocably agree to indemnify and keep indemnified NESH from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by NESH in connection with or arising from (1) your use or misuse of this Website and the services provided herein, or (2) your breach of these Terms and Conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against NESH in connection with your use of this Website.
8. WEBSITE LINKS
9. YOUR ACCOUNT
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NESH reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You are solely responsible for maintaining the confidentiality of your login name and password to any other person. You are responsible for the use of your account, whether or not authorized by you.
You shall immediately notify NESH if it comes to your knowledge that your password has been compromised or there has been unauthorized use of your account.
NESH shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorized use of your login name and password.
You shall provide and maintain true, accurate, current and complete information about yourself when registering for your account.
10. DELIVERY, TITLE AND RISK OF LOSS
All items purchased from NESH online are made pursuant to a delivery arrangement stated in the term and condition applicable to the product(s) and services(s). The risk of loss and title for such product(s) pass to you upon the delivery of the product(s) to you by NESH and/or any other third party designated by NESH.
In the event of any unsuccessful delivery of the product and/or services by NESH or any other third party designated by NESH to you, due to your absence in receiving the products and/or services at the designated address agreed by you, you shall solely bear the total cost of further deliveries of the products and/or services to you. You are hereby notified that NESH shall give no refund to you for the products and/or services under the aforementioned circumstances.
11. PRODUCT AND SERVICE DESCRIPTIONS
NESH attempts to provide the product and service descriptions as accurately as possible to you. However, NESH does not warrant that product and service descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.
12. RETURN AND REFUND POLICY
If you receive a damaged or defective product, please e-mail NESH your order number and complaint describing the product condition within 14 working days of delivery at
or call NESH's customer service.
If NESH authorises a return of the product, NESH will e-mail you a RMC (Return Merchandise Code) number and instructions for sending the returned product to the respective authorized merchant that have the right to receive the damaged or defective product on behalf of NESH. Damaged/defective product must be returned securely packaged and wrapped. NESH will not be responsible for the delivery cost of your returned product.
After receiving the product, the authorized merchant will examine and test the defective product in accordance to your complaint. If the defect you described is found valid, the authorize merchant will deliver you a replacement. However, if NESH is not able to provide a replacement of the returned product for any reason, NESH will refund you.
13. COLLECTION AND USE OF PERSONAL INFORMATION
In addition to disclosure of identification and contact particulars as contemplated herein, NESH will collect, store, compile and utilize information about you and your use of the Website including without limitation, information regarding the sites you visit, that you provide to NESH's questionnaires, surveys and registration forms. NESH may provide certain information and data about you (including information about your computer system and platform) to third parties including advertisers, clients, marketing organizations and others that NESH may select. However NESH will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information, unless you give NESH consent to do so or as may be required by law or pursuant to any request or directives by regulatory authorities or governmental bodies or agencies.
All transactions on the Website are to be conducted and payable in Ringgit Malaysia (RM), unless otherwise indicated.
15. ITEMS PUT UP FOR SALE
All products and services up for sale is merely an invitation to treat and is not an offer capable of acceptance. All offers by you to purchase any products and/or services on this Website are subject to acceptance by NESH.
16. LAW AND JURISDICTION
These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this Website and/or using the services provided herein by NESH, you hereby consent to the exclusive jurisdiction of the courts of Malaysia in all disputes arising out of or relating to the use of this Website.
NESH makes no representation that the materials, information, functions and/or services provided on this Website are appropriate or available for use in jurisdictions other than in Malaysia.
NESH reserves the right to terminate and/or suspend your access to this Website and/or your use of this Website at any time, for any reason. In particular, and without limitation, NESH may terminate and/or suspend your access should you violate any of these Terms and Conditions, or violate the rights of NESH, of any other user(s), or of any third party(ies).
The failure of NESH to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
19. MODIFICATION AND SEVERABILITY
NESH reserves the right to make changes to the Website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining condition.