Terms of Website Use and Terms and Conditions of Supply
Part A: Terms of Website Use
- The Brightstar Website is a site operated by Brightstar Distribution Sdn Bhd trading as Brightstar (“Brightstar”). Brightstar has its principal place of business at Unit L2-3, Level 2, Wisma Kemajuan, No. 2 Jalan 19/1B, 46300 Petaling Jaya, Selangor.
2.Use of the Brightstar Website
- Access to the Brightstar Website is permitted on a temporary basis and Brightstar reserves the right to withdraw or amend the service Brightstar provides on the Brightstar Website without notice. Brightstar will not be liable to you if for any reason the Brightstar Website is unavailable at any time or for any period including any inability to access the Brightstar Website caused by your equipment or the internet connection you use to access the Brightstar Website. You are responsible for making all arrangements necessary for you to have access to the Brightstar Website.
- From time to time, Brightstar may restrict access to some parts of the Brightstar Website, which may include restriction to users who have previously registered with Brightstar.
- When using the Brightstar Website, you agree that you will use the Brightstar Website only for lawful purposes.
- Specifically, you may not use the Brightstar Website:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, threatening, abusive, vulgar, hateful or inflammatory, discriminatory or which infringes the intellectual property rights of any third party;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
- to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
f.You also agree not to:
- use systematic, repetitive or any other methods which are designed to obtain a large number of quotes or other pricing and related information from the Brightstar Website; and/or
iii.attack (through denial of service, distributed denial of service or otherwise) or access without authority, interfere with, damage or disrupt:
A.any part of the Brightstar Website;
B.any equipment or network on which the Brightstar Website is stored;
C.any software used in the provision of the Brightstar Website; or
D.any equipment or network or software owned or used by any third party.
A breach of section (iii) above may result in you committing a criminal offence. Brightstar will report any such breach to the relevant law enforcement authorities and Brightstar will co-operate with those authorities by disclosing your identity to them.
3.Brightstar Website rights
- Brightstar is the owner or the licensee of all intellectual property rights in the Brightstar Website, and in the material published on it, including the Brightstar trademark. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from the Brightstar Website for your personal reference only.
- You must not otherwise reproduce any copies of any materials you have printed off or downloaded in any way including any illustrations, photographs, video or audio sequences or any graphics.
- You must not use any part of the materials on the Brightstar Website for commercial purposes without obtaining a licence to do so from Brightstar or Brightstar’s licensors.
5.Linking to and from the Brightstar Website
- You may link to Brightstar’s home page, provided you do so in a way that is fair and legal and does not damage Brightstar’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Brightstar’s part where none exists.
- You must not establish a link to the Brightstar Website from any website that is not owned by you.
- If you wish to make any use of material on the Brightstar Website other than that set out above, please address your request to[[email protected]].
- Where the Brightstar Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Brightstar has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement by Brightstar of or any affiliation between Brightstar and that third party or the products or services that they offer. You acknowledge and agree that Brightstar is not responsible or liable for (including for any loss or damage you suffer or incur as a consequence of your reliance on or purchase of) the content, advertising, products, services, or other materials on or available from such sites.
- The material displayed on the Brightstar Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, in relation to your use of the Brightstar Website, Brightstar and other members of any group of companies associated with Brightstar hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- all liability for any loss suffered or incurred by you by your use, inability to use or reliance on the Brightstar Website or any result derived from its use (or use of any websites linked to it), regardless of the nature of that loss, whether direct, indirect or consequential or damage incurred by any user in connection with the Brightstar Website or in connection with the use, inability to use or reliance on, or results of the use of the Brightstar Website, any websites linked to it and any materials posted on it;
- liability for loss of income or revenue, liability for loss of anticipated savings, liability for loss of data, or any other loss or damage of any kind,
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- The above clause 6a does not affect Brightstar’s liability to you for:
- death or personal injury arising from Brightstar’s negligence;
- fraudulent misrepresentation; or
- any other liability which cannot be excluded or limited under applicable law, including the Malaysian Consumer Law.
- Brightstar will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Brightstar Website or to your downloading of any material posted on it, or on any website linked to it.
If you have any concerns about material which appears on the Brightstar Website, pleaseemail [[email protected]].
Part B: Terms and Conditions of Supply
These terms and conditions of supply govern the sale of Brightstar Mobile Devices through the Brightstar Website from Brightstar to you.
- Please read these terms and conditions of supply carefully before submitting your order through the Brightstar Website. You should understand that by submitting an order, you agree to these terms and conditions of supply.
- You should print and keep a copy of these terms and conditions of supply for future reference.
By placing an order through the Brightstar Website, you warrant that you:
- are accessing the Brightstar Website from Malaysia;
- are legally capable of entering into a binding contract;
- are a resident of Malaysia, and the delivery address you supply is a Malaysian address;
- are at least 18 years of age, (if you are under 18, your parent or guardian will need to purchase a Brightstar Mobile Device from Brightstar on your behalf);
- are not a business or carrying on a business;
- intend to use the Brightstar Mobile Device for which you have placed an order in Malaysia, and for personal use only;
- are not purchasing the Brightstar Mobile Device for export, or resale to another person;
- will comply with all laws that apply to your use of the Brightstar Website and your purchase of a Brightstar Mobile Device from Brightstar;
- release Brightstar from all liabilities or claims that may arise if you purchase a Brightstar Mobile Device from Brightstar in breach of this warranty; and
- have read and agree to these terms and conditions of supply.
3.How a contract is formed between Brightstar and you
- If you refuse to accept these terms and conditions of supply, you will not be able to place an order via the Brightstar Website.
- When you place an order for a Brightstar Mobile Device using the Brightstar Website, you offer to purchase the Brightstar Mobile Device in your order in accordance with these terms and conditions of supply.
- Brightstar will send you an email confirming receipt, acceptance, and the details of, your order.
- Ownership of the Brightstar Mobile Device will pass to you when you receive the Brightstar Mobile Device.
- Brightstar may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of Brightstar’s rights or obligations arising under it.
4.Rejection and cancellation of your offer to purchase
- Brightstar may reject your offer to purchase a Brightstar Mobile Device at its discretion.
- If Brightstar rejects your offer to purchase a Brightstar Mobile Device, it will do so prior to dispatch of the Brightstar Mobile Device you have offered to purchase.
- You can cancel your offer to purchase a Brightstar Mobile Device from Brightstar at any time before Brightstar dispatches the Brightstar Mobile Device the subject of the relevant order to you.
- If your order is rejected or cancelled, Brightstar will refund any amounts you have paid to Brightstar within a reasonable period.
- A contract cannot be cancelled by you after Brightstar dispatches the Brightstar Mobile Device to you.
- When placing your order, you will be required to select a payment option and accept the terms and conditions of Brightstar’s payment service partner based on the payment option that you have selected.
- Prices listed on the Brightstar Website are subject to change at any time without notice.
- All prices are in Malaysian Ringgit and are inclusive of sales and services tax (SST).
- Brightstar will pay for postage of your Brightstar Mobile Device to you.
- Brightstar will endeavour to provide express delivery, but Brightstar’s delivery times are estimates – they are not guaranteed delivery times and should not be relied upon.
- You have 7 days from the date you receive your Brightstar Mobile Device to request a return and a replacement Brightstar Mobile Device or refund of the purchase price from Brightstar if the Brightstar Mobile Device:
i.is not the item you ordered;
ii.is damaged; or
iii.is defective or not functioning in accordance with the original equipment manufacturer’s specifications,
(subject to the conditions in this clause8) (the “Brightstar 7-Day Return Policy”).
- To return your Brightstar Mobile Device under the Brightstar 7-Day Return Policy, you must, within 7 days of your receipt of the mobile device:
- go to the Brightstar Website and print or screen capture the result as proof of purchase of your Brightstar Mobile Device;
- contact Brightstar by e-mail at[[email protected]]to request a Return Authorisation (RA);
- supply Brightstar with the IMEI of your Brightstar Mobile Device or the order number or invoice number from when you purchased the Brightstar Mobile Device. The IMEI will be on the exterior of the clear plastic box in which your Brightstar Mobile Device was delivered. You can also retrieve the IMEI of your Brightstar Mobile Device by dialling *#06# on your Brightstar Mobile Device.
- To qualify for a replacement or refund under the Brightstar 7-Day Return Policy, all the following conditions must be met:
- the Brightstar Mobile Device must be unopened, and in the original packaging provided by Brightstar along with all accessories (including manuals, warranty cards, certificate of authenticity) and bundled free gifts received along. All packaging must be unused, unmarked and not defaced in any manner;
- the IMEI of the mobile device you return to Brightstar must be the same as the IMEI of the Brightstar Mobile Device sold to you – that is, it must be the same mobile device Brightstar or its authorised partner supplied to you;
- the returned Brightstar Mobile Device must be returned in good physical condition (not physically broken or damaged); and
- if more than one (1) item is purchased in a single order, all items of the order must be returned together.
- Once Brightstar receives and verifies that the returned Brightstar Mobile Device qualifies for a refund, Brightstar may, at its discretion, choose one of the following options:
- a replacement product; or
- a refund for the original purchase price plus applicable taxes.
- If Brightstar chooses to provide you with a replacement product, Brightstar will arrange with you on the delivery of the replacement product. All cost and expense for delivery of the replacement product will be borne by Brightstar.
- If Brightstar chooses to provide you with a refund, please note that Brightstar can only refund the original purchase price of the Brightstar Mobile Device to the payment method used by you to purchase the Brightstar Mobile Device.
- Refunds will be processed and paid within fifteen (15) working days after Brightstar receives and verifies the eligibility of the returned Brightstar Mobile Device.
- If Brightstar determines that the returned Brightstar Mobile Device is not eligible for a replacement or a refund and if you request for the Brightstar Mobile Device to be returned to you, you agree to bear all cost and expenses relating to the return of the Brightstar Mobile Device.
- The warranty and returns rights offered by Brightstar to you apply in addition to other rights and remedies you may have under law including under the Malaysian Consumer Law.
- Upon delivery of your Brightstar Mobile Device to you, you must inspect the Brightstar Mobile Device and notify Brightstar of any damage, defect or fault to the Brightstar Mobile Device or discrepancies between the Brightstar Mobile Device delivered to you and the device the subject of your order.
b.You should contact Brightstar to initiate a return of your Brightstar Mobile Device within 7 days of receipt if:
i.you become aware of the damage, defect or fault; or
- you become aware of the discrepancy between the Brightstar Mobile Device you ordered, and the Brightstar Mobile Device delivered.
11.Brightstar’s warranties for Brightstar Mobile Devices
- Brightstar is not the manufacturer of Brightstar Mobile Devices sold on the Brightstar Website. Brightstar refurbishes and resells used mobile devices. When you order a mobile device from Brightstar, you acknowledge that you are purchasing a used product.
- Other than is required by Malaysian Consumer Law, or as set out in Brightstar’s 7-Day Return Policy, Brightstar makes no warranty or guarantee in relation to the Brightstar Mobile Device, and gives no assurance or indemnity as to any matter relating to the Brightstar Mobile Device, including without limitation, relating to its design, condition, merchantability, fitness, capacity or suitability for a particular purpose, durability or quality of their material or workmanship, or their non-infringement of any intellectual property rights.
- You acknowledge and agree that except for the express conditions, representations, warranties, guarantees and obligations provided in these terms and conditions of supply, and any conditions, representations, warranties, guarantees and obligations imposed and required to be binding by law in Malaysia (including Malaysian Consumer Law) all conditions, representations, warranties, guarantees and obligations, whether express, implied or statutory, including without limitation, all conditions, representations, warranties, guarantees and obligations imposed as to performance or which might arise from course of dealing, course of performance, custom, usage, or trade as well as conditions, representations, warranties, guarantees and obligations of merchantability and fitness for a particular purpose are hereby expressly excluded and disclaimed by Brightstar.
12.Brightstar’s liability in connection with Brightstar Mobile Devices
- This clause must be read subject to Malaysian Consumer Law and Brightstar’s 7-day Return Policy (where applicable).These terms and conditions of supply are not intended to exclude, restrict or modify your rights under Malaysian Consumer Law.
- To the full extent permitted by law, Brightstar’s maximum aggregate liability to you for any loss arising from your offer or the sale of a Brightstar Mobile Device to you is limited to a refund of the purchase price to you (including any delivery costs).
- The Malaysian Consumer Law may imply conditions, representations, warranties, guarantees or impose obligations upon Brightstar which cannot be excluded, restricted, modified or indemnified against. If this applies, to the extent which Brightstar is permitted by law, Brightstar limits its liability to, at its option, the replacement of the Brightstar Mobile Device with an equivalent mobile device.
- Brightstar will not be liable to you or any third party for any incidental, special, indirect, consequential damage or loss, including, but not limited to, damage or loss or loss of use, loss of time, inconvenience, commercial loss, lost profits, lost savings, lost revenues, lost business opportunities, damage to goodwill or reputation, or loss of data to the fullest extent allowed by law even if you or any third party has been notified of the possibility of such loss or damage except to the extent such loss, damage or inconvenience is suffered or incurred by you or any third party in respect of Brightstar’s deceit, fraud or other unlawful acts, death or personal injury caused by negligence, damage to or loss or destruction of real or personal property.
- Brightstar will not be liable or responsible for any failure to perform, or delay in performance of, any of Brightstar’s obligations under a contract that is caused by events outside Brightstar’s reasonable control or due to Brightstar’s compliance with any applicable laws or regulations.
- You acknowledge and agree that except as provided under Malaysian Consumer Law, or in these terms and conditions of supply, the Brightstar 7-day Return Policy, under no circumstances are you entitled to return or exchange, or have any other rights of recourse against Brightstar, in respect of a Brightstar Mobile Device purchased from Brightstar under these terms and conditions of supply.
- To the full extent permitted by law, you fully waive, release and discharge Brightstar from all losses, damages, actions, claims, costs, expenses and liabilities whatsoever which Brightstar may sustain or incur in connection with Brightstar Mobile Devices, including as may be implied by or stipulated under any law. You acknowledge and agree that Brightstar has accepted your offer to purchase a Brightstar Mobile Device in reliance on this clause.
Part C: General Provisions
1.The courts of Malaysia will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Brightstar Website or the purchase of a Brightstar Mobile Device through the Brightstar Website.
4.If any provision is void, unenforceable or contrary to law, that provision will be excluded from the contract formed with you.
- “Malaysian Consumer Law” means the Consumer Protection Act 1999, as amended from time to time;
- “Brightstar” means Brightstar Distribution Sdn Bhd trading as Brightstar;
- “Brightstar 7-day Return Policy” has the meaning given in clause 8a of the terms and conditions of supply;
- “Brightstar Mobile Device” means a product you purchase from Brightstar through the Brightstar Website;
- “Brightstar Website” means http://store.brightstarcorp.com.my;
- “terms and conditions of supply” means Part B of these terms of website use and terms and conditions of supply;
- “you” means the person who places an order through the Brightstar Website.