Terms & Conditions

1. Introduction and Interpretation to the Terms and Condition

1.1. Introduction.

These "Terms and Conditions of Merchant’s Sales" apply to the Site, “allhalal.com.my” Big Blue Food Capital (M) Sdn Bhd (Currently knows as Big Blue TV Sdn Bhd) and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. “allhalal.com.my” means Big Blue Food Capital (M) Sdn Bhd (Currently knows as Big Blue TV Sdn Bhd), a company incorporated in Malaysia under registration number 1148770-D and having its registered address at Unit 121 Level 4, Wisma Central, Jalan Ampang, 50450 Kuala Lumpur, Malaysia.

By accessing the Site, you hereby confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

 

1.2. In these Terms and Conditions:

"Buyer" means the person who purchases Goods on the Platform;

"Conditions" mean these Terms and Conditions of Sale;

"Contract" means the contract formed when Merchant accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Merchant;

“BBT” means Big Blue TV Sdn Bhd, a company incorporated in Malaysia under registration number 1148770-D and having its registered address at Unit 121 Level 4, Wisma Central, Jalan Ampang, 50450 Kuala Lumpur, Malaysia;

 “Allhalal” means www.allhalal.com.my website, registered under Big Blue TV Sdn Bhd a company incorporated in Malaysia and having its registered address at Unit 121 Level 4, Wisma Central, Jalan Ampang, 50450 Kuala Lumpur, Malaysia;

"Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“Allhalal Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the allhalal.com.my website and/or the allhalal.com.my mobile app;

“Services” means the use of any services, information and functions made available by Allhalal at the Platform;

“Third Party Vendor” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and excludes Allhalal; and

“Merchant” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor. Allhalal may also be a “Merchant” for selected Goods;

"Writing" includes electronic mail facsimile transmission and any comparable means of communication;

“Chargeback” means a form of buyer protection where a card company or bank requests a charge back from merchant to be reserved. Chargebacks can result from unintentional mistakes or malicious intentions.

1.3. Basis of Point of Reference

Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

Any references to “Allhalal” in these Conditions refer to both Allhalal’s actions on its own behalf as Merchant and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Merchants in respect of each and every Contract.

The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

 

2. Basis of the Buyer and Merchant Contract

2.1. The Platform

The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Merchant. The identity of the Merchants for a particular Goods listed for sale on the Platform, be it Allhalal or a Third Party Vendor, may be stated on the webpage listing such Goods.

2.2. The Buyer

Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Allhalal and Allhalal has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Alllhalal. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor.

Where the Contract is entered into directly between the Buyer and a Third Party Vendor, Allhalal is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

 

2.3. Merchant Endeavour

While the Merchant endeavours to provide an accurate description of the Goods, neither Allhalal nor Merchant warrants that such description is accurate, current or free from error. In the event that the Goods that the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Terms and Conditions shall apply.

2.4. Information Used

Any information made available on the Platform in connection with the supply of Goods, 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 Third Party Vendors through any related 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.

 

3. Goods Orders and Specifications

3.1. Good Purchase

The Buyer may purchase Goods 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 Merchant’s acceptance in their sole discretion and each order accepted by the Merchants shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Allhalal 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 Allhalal shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2. Concluded Contract

No Concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Allhalal and on terms that the Buyer shall indemnify Allhalal in full against all losses including loss of profit, costs including the cost of all labour and materials used, damages, charges and expenses incurred by Allhalal as a result of the modification or cancellation, as the case may be.

3.3. Order Acceptance and Completion

Order acceptance and completion of the Contract between the Buyer and Merchant will only be completed upon Allhalal issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Allhalal shall be entitled to refuse or cancel any order without giving any reasons whatsoever for the same to the Buyer prior to issuance of the confirmation of dispatch. Allhalal shall furthermore be entitled to require the Buyer to furnish Allhalal with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

4. Price of Goods

4.1. Price Stated

The price of the Goods 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 Allhalal in addition to the price, but it excludes the delivery charges.

4.2. Mispriced Goods

In the event that a Goods has been mispriced on the Platform, the Merchant reserves the right to terminate the Contract, in which Allhalal shall, on behalf of Merchant (where Merchant is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Merchant shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.

 

5. Terms and Conditions of Payment

5.1. Payment of Goods

The Buyer shall be entitled to make payment for the Goods 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 Merchant’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Allhalal, either accepting payment in its own right or as Merchant’s agent (where Merchant is a Third Party Vendor). Buyer acknowledge that Allhalal is entitled to collect payments from Buyer on behalf of Third Party Vendors.

5.2. Methods or Types of Payment

The terms and conditions applicable to each type of payment, as prescribed by Allhalal on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1. Credit Card

Credit card payment option is available for all Buyers. Allhalal accepts all Visa and Master Cards credit cards and is 2D and 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. In the event of any failure of credit card payments for whatsoever reasons, the Buyer shall be made responsible and shall be charged accordingly.

5.2.2. Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Allhalal account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Allhalal, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

5.2.3. Debit Cards

Allhalal accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.4. Cash on Delivery

Cash on Delivery (pay cash upon delivery) is available within the region of Klang Valley, Penang and Johor Bahru with a fee as may be prescribed by Allhalal for each order. Allhalal reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.

5.3. Failure of Payment

Buyer may not claim against Merchant or any of its agents (which may include Allhalal), for any failure, disruption or error in connection with the Buyer’s chosen payment method. Allhalal 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 whatsoever.

5.4. Right of Merchant for Failure of Payment

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 Merchant, Merchant shall be entitled to:

5.4.1. cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or

5.4.2. 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).

5.5. Losses from Payment Made

All payments for the purchased Goods must be made to Allhalal using the payment methods made available on the Platform only. Allhalal shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

5.6. Method of Refund

All refunds shall be made via the Allhalal virtual payment account ("Allhalal Payment Account"). Allhalal offers no guarantee of any nature for the timeliness of the refunds reaching the Allhalal 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 Allhalal. All refunds are conditional upon Allhalal’s acceptance of a valid return of the Goods. Allhalal reserve the right to modify the mechanism of processing refunds at any time without notice.

 

6. Risk and property of the Goods

6.1. Question and Answer on returns of Goods

Questions and complaints with regards to returns of Goods

6.1.1. If you have any questions or complaints, you may either contact the Seller directly via the Platform or contact Allhalal using the “Contact Us” page on the Platform, as applicable.

6.1.2. In the event that Buyer is unable to resolve any dispute with Merchant directly through amicable negotiations, Allhalal reserves the right to suggest and implement an appropriate resolution at its sole discretion.

6.2. Damage and Lost of Goods

Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Allhalal has tendered delivery of the Goods.

6.3. Buyers as fiduciary agent and Bailee

Until such time as the property in the Goods passes to the Buyer payment process, the Buyer shall hold the Goods as Allhalal's fiduciary agent and Bailee and shall keep the Goods separate from those of the Buyer.

6.4. Notification to Allhalal

The Buyer agrees with Allhalal that the Buyer shall immediately notify Allhalal of any matter from time to time affecting Allhalal’s title to the Goods and the Buyer shall provide Allhalal with any information relating to the Goods as Allhalal may require from time to time.

6.5. Goods paid in full

The property in the Goods shall not pass to the Buyer until Allhalal has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Merchants to the Buyer for which payment is then due.

6.6. Returns of Goods

Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), Allhalal shall be entitled at any time to demand the Buyer to deliver up the Goods to Allhalal and in the event of non-compliance Allhalal reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.7. Entitlement to Charge

The Buyer shall not be entitled to charge by way of security for any indebtedness any of the Goods which remain the property of Allhalal but if the Buyer does so all moneys owing by the Buyer to Allhalal shall (without prejudice to any other right or remedy of Allhalal) forthwith become due and payable.

6.8. Indemnify against all loss

The Buyer shall indemnify Allhalal against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Allhalal's rights under this condition.

6.9. Non applicable of Law pf the country

If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

 

7. Termination of Contract

7.1. Before delivery of Goods

Buyer may terminate the Contract before Merchant dispatches the Goods, by written notice to Allhalal through our Contact Us page at https://www.allhalal.com.my/contact. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.

7.2. Notification by writing

Without prejudice to any other right of termination elsewhere in these Conditions, Merchant, or Allhalal acting on Merchant’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:

7.2.1. the Goods under the Contract being unavailable for any reason; and/or

7.2.2. the Goods under the Contract has been mispriced on the Platform.

 

8. Warranties and Remedies of Goods

8.1. Conditions or terms of Warranties

Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, and are excluded to the fullest extent permitted by law.

8.2. Non-compliance to specification

Subject to this Clause 10 of these Conditions, Allhalal warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 6 (six) months commencing from the date on which the Goods are delivered (Warranty Period). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Allhalal further gives to the Buyer such implied warranties as cannot be excluded by law.

8.3. Warranties Conditions

Allhalal’s above warranty concerning the Goods is given subject to the following conditions:

8.3.1. No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Allhalal.

8.3.2. Allhalal binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Allhalal's opinion in that behalf. Allhalal is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. Allhalal does not give any warranty as to the quality state condition or fitness of the Goods.

8.3.3. Allhalal shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Allhalal, addition and insertion of parts, in particular of spare parts which do not come from Allhalal.

8.3.4. Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

8.3.5. Allhalal shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

8.3.6. Allhalal is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Allhalal’s prior written approval and the Buyer shall indemnify Allhalal against each loss liability and cost arising out of such claims.

8.3.7. Allhalal shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

8.3.8. Allhalal shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Allhalal's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Allhalal's approval.

8.4. Request for repair of Goods

As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. Allhalal and Merchant however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Allhalal’s or Merchant’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once Allhalal or Seller has accepted such request.

8.5. Reduce Value of Goods

Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, Allhalal may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Merchant.

8.6. Defect in Quality or Condition of Goods

Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to Allhalal or Merchant in exchange for a replacement or a refund in accordance with Allhalal’s Return Policy and Clause 7 of these Conditions above.

8.7. Replacement of Goods

When Allhalal or Merchant has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of Allhalal or Merchant.

 

9. Liability

9.1. Liability to Losses

In no event shall Allhalal be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Allhalal had been advised by the Buyer of the possibility of incurring the same.

9.2. Buyer exclusive remedies

The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and Allhalal’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions

9.3. Number of losses

If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

9.4. Action after 12 Months become warrant

No action shall be brought against Allhalal later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

9.5. Maximum cumulative liability

Notwithstanding any other provision of these Conditions, Merchant’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Merchant under such Contract.

 

10. General Conditions

10.1. Payment Protection Policy

This Allhalal Payment Protection Policy (“Policy”) supplements the Allhalal Terms of Use, Allhalal Wallet Privacy Policy and Allhalal Wallet Terms and Conditions (collectively, the “Allhalal Terms”) with regard to your Allhalal Account.

10.2. Conflict between Provision

If any matter is not provided for in this Policy but is provided for in the Allhalal Terms, the provisions of the Allhalal Terms shall prevail. If there is a conflict between the provisions of this Policy and the provisions of Allhalal Terms, the provisions of this Policy shall prevail to the extent of such conflict.

Unless otherwise expressly provided herein, the capitalized terms shall have the same meanings as set forth in the Allhalal Terms. This Policy is a legal agreement between you and Big Blue TV Sdn. Bhd. By using your Allhalal Account, you agree to be bound by the terms of this Policy.

10.3. Protection against Unauthorized Transactions

Allhalal will provide you with compensation for “Unauthorized Transactions” (defined below), provided that you comply with the procedures set out within the Policy.

An "Unauthorized Transaction" occurs when, because of a fraudulent take-over of the Allhalal Account:

(a) transaction is made from the value stored within your Allhalal wallet that you did not authorize and that did not benefit you;

(b) a transaction or Top Up to the Allhalal wallet is made from a credit or debit card saved in your Allhalal Account that you did not authorise and that did not benefit you; or

(c) a transaction or Top Up to the Allhalal wallet is made from the Direct Link account, that you did not authorise and that did not benefit you.

Notwithstanding the foregoing, you have an obligation to ensure the safety and security of your Allhalal Account. If you authorize someone to access your Wallet by providing them with your login information or otherwise, and they conduct transactions without your knowledge or permission, you shall be responsible for all consequences arising from such use.

10.4. Notify Allhalal

a. You should immediately notify Allhalal if you believe there has been an Unauthorized Transaction or unauthorized access to your Allhalal Account. To be eligible for compensation under this Policy, you must notify us within 60 days from the date an Unauthorized Transaction first appears in your account.

b. You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction. Allhalal will send you an e-mail through the-mail address you have provided to notify you of every transaction made in your account. You should check these transaction confirmation messages to ensure that each transaction has been authorized by you and the information in your account is accurate.

c. If an Unauthorized Transaction appears in your account, please contact Allhalal Customer Service through the contact us page at https://www.allhalal.com.my/contact. You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, in order for the investigation to begin. Allhalal will only initiate an investigation upon receipt of all information/documents.

10.5. Actions taken by Allhalal upon receipt of notification

a. Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following:

(a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction.

(b) Allhalal will complete the investigation within 2 working days from the date where all necessary information and/or documents were received by us.

(c) We will inform you of our decision once we complete the investigation.

b. If we determine that the Unauthorized Transaction is one which qualifies for Allhalal Payment Protection, we will credit the full amount of the Unauthorized Transaction to the respective sources of payment.

c. If we determine that the Unauthorized Transaction is one that does not qualify for Allhalal Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.

10.6. Scope of protection

a. The following types of transactions are excluded from the scope of coverage of our Allhalal Payment Protection Policy:

(a) Disputes on genuine transactions, such as non-receipt of the item you have purchased;

(b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account;

(c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions;

(d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond Allhalal’s reasonable control;

(e) Where the Unauthorized Transaction took place as a result of any terminal or system (including Allhalal) being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;

(f) Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or

(g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.

10.7. Non Performance of Obligations

Neither Allhalal nor Merchant shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Allhalal's or Merchant’s reasonable control.

10.8. Request notice

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Allhalal, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.

10.9. International Commercial Terms

Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

10.10. Waiver of terms

No waiver by Allhalal of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Allhalal’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

10.11. Others Related Conditions

If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

10.12. Right to Enforce

No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.

10.13. Laws of Malaysia

The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.9 below.

10.14. Rules for Arbitration of the Asian International Arbitration Centre (AIAC).

Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Allhalal.

Any such actions brought against Allhalal for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC).

The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

10.15. Commence court legal proceedings

Notwithstanding Clause 12.8 above, Allhalal shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

10.16. Right to vary the Terms & Conditions

Allhalal may, through the Platform or by such other method of notification as Allhalal may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Allhalal specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.

10.17. Correction without any liability

Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Merchant’s part shall be subject to correction without any liability on Merchant’s part.

10.18. English Language Version

In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.

10.19. Condition between Buyer and Merchant

These Conditions shall constitute the entire agreement between Buyer and Merchant relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

10.20. Right to delegate or subcontract

Allhalal reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Allhalal deems appropriate.

 

11. Chargebacks

11.1. Chargebacks

Bank shall have the right to demand immediate purchase by Company of any Purchase and charge back to Company the unpaid principal balance relating to any such Purchase, for any chargeback reason as set forth in the Operating Procedures.

11.2.  Assignment of Title in Charged Back Purchases

With respect to any amount of a Purchase to be charged back to and to be purchased by Company, Company shall either pay such amount directly to Bank in immediately available funds or Bank will offset such amount as part of the Net Proceeds to be paid to Company, to the extent the balance thereof is sufficient. Upon payment of such amount by Company to Bank, or off-setting, as the case may be, Bank shall assign and transfer to Company, without recourse, all of Bank's right, title and interest in and to such Purchase and will deliver all documentation (or copies) in Bank's possession, including but not limited to, Cardholder correspondence regarding such Purchase. Company further consents to all extensions or compromises given any Cardholder with respect to any such Purchase, and agrees that such shall not affect any liability of Company hereunder or right of Bank to charge back any Purchase as provided in this Agreement; provided, however, that Bank shall not have the right to charge back for any Purchase the amount of any reductions, or compromises of amounts owed by a Cardholder to Bank. Company shall not resubmit or re-transmit any charged back Purchases to Bank, without Bank's prior written consent.