Terms of Sale

These Terms apply to the purchase and use of HCSB’s special vehicle plate products under the branding of “JPJePlate” (“Product(s)”). The Products may be procured through one of the following ways:

• Online purchase by vehicle dealers or reseller partners where the full cost of the Products is paid up front through HCSB’s online store; or
• Online purchase by existing vehicle owners where the full cost of the Products is paid up front through HCSB’s online store; or
• Purchase by new vehicle owners through vehicle dealers or reseller partners where the cost of the Products is paid directly to the vehicle dealers or reseller partners as part of the purchase price of the new vehicles.

Based on the foregoing, “Customer(s)” shall include new vehicle owners, existing vehicle owners and vehicle dealers or reseller partners.

To place an order for the Product, Customers are required to register an account (“Account”) on https://jpjeplate.jpj.gov.my/ (“Website”) or via an application or on any other platforms to be determined by HCSB (“Platforms”). All information that you provide to HCSB via the Platforms must be accurate, valid and complete including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide any changes promptly via your Account. You must promptly notify us or our payment processors if your payment method is cancelled (e.g., due to loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password.

Please read these Terms, our Privacy Statement, Terms of Use (Website) and Terms of Use (App) before ordering and/or using the Products. These Terms shall take effect in accordance with Section 1 herein. If you do not accept these Terms, you may not order and use the Products.

We reserve the right, in our sole discretion, to refuse or cancel any order made by you and limit your order quantity. We may also require additional qualifying information prior to accepting or processing any order. We reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale or to commercially exploit the Products without our consent.

Where Customer is a legal person (as opposed to a natural person), the person placing the order represents that he/ she is authorised by Customer to place the said order and to bind Customer thereby.

Days whenever mentioned under these Terms shall refer to calendar days unless business days are stated. A business day refers to any day of the week, excluding weekends and public holidays in Malaysia.

GENERAL TERMS AND CONDITIONS

1.          Order.

(a)           HCSB is a retailer of the Products only. HCSB is not providing any other services such as installation of the Products on the Customers’ vehicles, amongst others.

(b)           The information set out in these Terms do not constitute an offer for sale but rather an invitation to treat. No contract in respect of the Products shall exist between HCSB and you until your order has been accepted by us (whether or not funds have been deducted from your Account).

(c)           To place an order for the Products, you must comply with the online purchasing procedures made available by HCSB on the respective Platforms. All documents and/ or information required to place an order for the Products must be submitted. After payment is processed, your order confirmation will be reflected in your Account. Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to purchase the Products from us. All orders are subject to acceptance by us, and we will confirm such acceptance via your Account by stating that your order is ready to be dispatched or your order is ready for self-collection (“Order Confirmation”). Notwithstanding the foregoing provisions, all orders cannot be cancelled once they are placed by you and received by us.

(d)           This Customer Agreement shall instantaneously take effect on the date that the Order Confirmation is available on your Account (“Effective Date”).

2.         Delivery.

For existing vehicle owners, when you are placing your Order for the Products on our Website, you are required to select from a list of authorized fitment centres, that will be installing the Products on your Vehicle. Upon receiving your order for the Products, we will promptly process your order and arrange for the Product to be delivered directly to the authorized fitment centre selected by you.

For vehicle dealers or reseller partners, upon receiving your order for the Products, we will promptly process your order and arrange for the Products to be delivered to the address provided by you.

We will use our best endeavour to deliver the Products to you by using reputable and reliable courier services. You will be able to track the delivery status via the order tab on your Account.

The delivery timeframe for the Products is as follows:

For “Express Delivery (On Demand)”, the order must be placed before 10.00am on any business day and it will be delivered after 4.00pm on the same business day.

The delivery fee for each delivery option will be calculated and displayed on the checkout page.

The foregoing delivery time is an estimation only. We shall not be liable for any delay in the delivery of the Products.

Our title to the Products and the risk of loss of or damage to the Products ordered by you will pass to you at the time the Products are delivered to the delivery address registered under your Account or to the authorized fitment centre of your choice. Proof of delivery provided by the courier services shall be the undisputed evidence that the Products have been successfully delivered to you.

In case of non-delivery, our liability shall be limited to replacing or redeliver the Products to you within a reasonable time.

If you opt for self-collection, you may collect your order at the address and time indicated in the Order Confirmation.   

3.         Installation

We warrant that all the authorized fitment centres are sufficiently equipped to install the Products on your vehicle in a professional and efficient manner. The list of our authorized fitment centres is available on the Platforms and it is updated from time to time.

Vehicle dealers or reseller partners shall install the Products on the new vehicles purchased by new vehicle owners. We shall provide vehicle dealers or reseller partners with the necessary training, guideline and support in relation to the installation of the Products.

For existing vehicle owners, you shall pay the relevant installation fee directly to the authorized fitment Centre selected by you at the time of placing your order.

If you are a new vehicle owner, the installation fee for the Products is either included in the purchase price of your new vehicle that you paid to the vehicle dealers or reseller partners, or it is separate fee payable to the vehicle dealers or reseller partners.

Under certain circumstances, vehicle dealer or reseller partner may request for the Products to be installed by any of our authorized fitment centres.

4.         Authorized Use of Products.

(a)           Customer Compliance. You acknowledge and agree that you will use the Products in conformance with all applicable laws. You shall not resell, lease, or sublicense any of the Products to any third party without our prior written consent. You agree and acknowledge that any use of the Products must be in compliance with our policies and procedures issued from time to time.

(b)           Restrictions; No Circumvention. You may not service, repair, modify, alter, replace, reverse engineer, or otherwise change or alter the Products. Without limiting your liability for the foregoing, any such modifications, as well as any framing or installation of the Products in violation of the specifications shall void the Warranty under Section 9 herein. By way of example but not limitation, the addition or placement of a frame on or around the Product shall void the Warranty.

(c)           HCSB’s Platforms. We may furnish you with one or more user identifications and/or passwords for use on the Platforms. You shall be responsible for ensuring the accuracy of all information provided via the Platforms, including any information required to register for the Account, the confidentiality and use of such user identifications and/or passwords and shall immediately notify us if there has been an unauthorized release, use or other compromise of any user identification or password. You shall be solely responsible for your usage of the Platforms, and we shall be entitled to rely on all the information and documents submitted to the Platforms by you. We shall not be liable for any loss, cost, expense, or other liability arising out of any use of the Platforms by you or use of any information on the Platforms by you, or any disruptions of the Platforms or use of the Products due to inaccuracies in the information provided via the Platforms. We may change or discontinue the Platforms, or your right to use the Platforms, at any time. Additional terms and policies may apply to your use of the Platforms, as provided therein.

5.         Intellectual Property Rights.

(a)           Content. The Products and Platforms may display text, software, scripts, graphics, information, data, designs, pictures, sounds, music, videos, trademarks, service marks, or logos (“Content”) of HCSB, our licensors, competent authorities, our other customers, or other party(ies) of interest. All Content is owned, licensed to and/or copyrighted by HCSB and may be used only in accordance with these Terms. HCSB and its licensors shall retain title, ownership and all other rights and interests in and to all Content. Your purchase of the Products does not grant to you any ownership in the Content, designs of the Products or in any other intellectual property of HCSB in respect of the Products.

(b)           Reservation of Rights. All rights not expressly granted under these Terms are reserved to HCSB and its licensors. You will not:

(i)            modify, translate, or create derivative works of the Content;

(ii)           sell, assign, sublicense, rent, lease, loan, provide, distribute, or otherwise transfer all or any portion of the Content;

(iii)          remove or alter any trademark, logo, copyright, or other proprietary notices associated with the Products; or

(iv)          cause or permit any other party to do any of the foregoing.

6.         Pricing

(a)           You shall acquire the Products via the Platforms through a one-time payment in full. We may, at our discretion, impose reasonable processing fee and/ or any other additional fee on your purchase of the Products. Prices for our Products are subject to change without justification and notice.

• Payment Terms. The following terms relating to payment for the purchase of the Products shall be applicable:

• (i) all payments for the purchase of Products must be made on or prior to delivery;
• (ii) payment can only be made by the following major credit and debit cards issued by banks in Malaysia: Visa & MasterCard, or by FPX (Financial Process Exchange). You confirm that you are the authorized user of the credit or debit card to make payment for the Products and that the associated information entered (including but not limited to account holder name, account number, billing address) is true and accurate;
• (iii) all online payments are handled and processed via our payment processor partner, BetterPay (https://www.betterpay.me/v2/).

(c) Fees and other charges described in these Terms do not include and are exclusive of all applicable taxes or any other levies now or hereafter claimed or imposed by any governmental authority upon the sale or provision of the Products (“Taxes)”), all of which shall be for Customer’s account. If HCSB is required to pay the Taxes, Customer shall reimburse HCSB for such amounts, as well as any related costs, interest and penalties paid or payable by HCSB.

7.        Price Protection Guarantee.

We are committed to providing you with the best possible value for your purchases. Periodically, we may offer promotions that will change the price to purchase the Products. We want you to shop in confidence, knowing that you’ll always receive the most competitive pricing.

8.        Cancellation and Returns.

(a)           Subject to our right under Section 1(c) herein, orders for the Products are generally processed immediately upon confirmation and payment. As a result, once you have submitted your order to us via the Platforms, you are not entitled to cancel your order and request for refund under all circumstances.

(b)           If you experience any issues with your order, such as receiving an alleged damaged or incorrect item, you must contact our customer support team within three (3) calendar days of receiving your order and you must comply with our instructions, including but not limited to providing adequate photos and/ or videos of the alleged damaged or incorrect item.

(c)           If, upon contacting our customer support team and as part of the resolution, you are required to return the Products to us, we must receive the Products within fourteen (14) calendar days from the date you contacted and notified us of the non-conformity of your order. You will be responsible for all costs associated with returning the Products to us (including uninstallation and the cost of shipping the Products back to us). The Products being returned shall be at your own risk.

After we receive your returned Products, we may examine and conduct tests on the Products. If we determine that you have a valid claim, if the defects are rectifiable, we will rectify the defects on the Products and deliver the Products back to you. Otherwise, we will replace the defective Products.

However, to ensure fairness to all of our Customers, the Products returned by you must be in new or like new condition. This means they should include all parts from the original order, and they should be free from any damage, wear, or signs of use. We reserve the right to refuse returns that do not meet these criteria.

Failing to contact and notify us about any non-conformity of your order within three (3) calendar days of receiving your order, any issues with the Products may only be claimed under our Warranty as set forth in Section 9 herein.

(d)           We shall not entertain any claims that you have received an incorrect quantity of the Products if the total weight of the consignment as stated on the carrier’s waybill more or less matches with the total weight of the Products that you have ordered. For your reference, one (1) set of Products including the shipping packaging has an approximate weight of 440 grams that consists of two (2) plates and screws.

(e)           Under special circumstances, you may cancel your order only with our prior written consent, which may be withheld in our sole discretion. In the event your cancellation request is approved, cancellation charges may be imposed by us.

9.        Warranties; Disclaimers.

(a)              Product Warranty. HCSB shall provide warranty for the Products (“Warranty”) in the following period for each type of deterioration (“Warranty Period”) and such Warranty Period shall commence from the date the Product is completely installed on your vehicle by the authorized fitment centres or vehicle dealers or reseller partners, as the case may be:

• Warranty against rust = ten (10) years;
• Warranty against RFID data loss = ten (10) years;
• Warranty against RFID functionality = seven (7) years; and
• Warranty against peeling, color fading, delamination based on ISO 7591 = five (5) years.

(b)       The Warranty will not apply if the Product:

(i)         has been altered or modified in any way;

(ii)        has not been installed, operated, repaired, or maintained in accordance with instructions and/ or manual supplied by HCSB;

(iii)       has been subjected to abnormal physical or electrical stress, misuse, deliberate acts or negligence;

(iv)       has been damaged as a result of the vehicle with the Products being in an accident; or

(v)        has been stolen or is lost.

• Sole Remedy. If during the Warranty Period, HCSB is notified promptly in writing upon discovery of any defect in the Product, including a detailed description of such alleged defect, such Product has been returned in accordance with these Terms and HCSB’s inspections and tests determine that the Product is indeed defective and has not been subjected to any modifications, tampering or other conditions set forth in Section 9(b), then, as your sole remedy and HCSB’s sole obligation under the foregoing Warranty, HCSB will, at its discretion, repair or replace without charge the defective Product.

• Discretionary Action. HCSB reserves the right to exercise discretion in processing warranty claims for the Products. We may adjust, deny, or approve claims based on the circumstances and merits of each individual case and all decisions made by HCSB are final.

• Except as specified in the Warranty, HCSB provide the Products on ‘as-is’ basis and expressly disclaim, to the maximum extent permissible under applicable laws, all warranties, representations or conditions of any kind, whether express, implied or statutory, including without limitation, warranties, representations or conditions regarding merchantability, merchantable quality, fitness for a particular purpose, durability, design, condition, capacity, performance, title, and non-infringement. HCSB does not warrant that the Products, will operate uninterrupted or error-free or that all errors will be corrected.

10.        Termination

(a)        HCSB may immediately terminate or suspend your Account without notice if:

(i)            HCSB is in the opinion that you have acted fraudulently;

(ii)           you provide false or inaccurate information;

(iii)          you violate any of these Terms or any other HCSB’s rules or policies then in effect;

(iv)          you engage in conduct that is a violation of any applicable law (including, without limitation, copyright, and intellectual property laws);

(v)           you act in such a way that tarnished or will tarnish the good reputation of HCSB; or

(vi)          a liquidator, provisional liquidator, receiver and / or manager, administrator, or other similar officer has been appointed over the whole or any part of your assets, or otherwise you are going into liquidation or becoming bankrupt or apparently insolvent or granting any trust deed or entering into any composition or similar arrangement with your creditors.

(b) If your Account is terminated, HCSB has the right to immediately delete all data, files, and other information stored in or for your Account without further notice to you. HCSB may impose administration fee on a request to restore your Account.

(c) The termination of your Account will simultaneously terminate the Customer Agreement made between HCSB and you.

(d) Termination of this Customer Agreement shall not discharge you from any pre-existing liability to HCSB and on such termination, HCSB shall be entitled to recover from you such losses or damages as HCSB has suffered by reason of such termination.

11.        Indemnities.

(a)                 Customer Claims. HCSB will defend any claim against Customer that the Products infringe third party intellectual property (“Claim”) and will indemnify Customer against the final judgment entered by a court of competent jurisdiction or any settlements arising out of a Claim, provided that Customer:

• promptly notifies HCSB in writing of the Claim;
• cooperates with HCSB in the defense of the Claim, and
• grants HCSB full and exclusive control of the defence and settlement of the Claim and any subsequent appeal.
  
  

(b)             Exclusions. HCSB has no obligation for any Claim based, in whole or in part, on:

• compliance with any designs, specifications, or instructions provided by Customer or a third party on Customer’s behalf;
• modification of the Products by Customer or a third party;
• combination, operation, or use of the Products with non-HCSB products and/ or software; or
• any use or deployment of the Products in violation of these Terms.
  
  

(c)              Sole Remedy. If a Claim is made or appears likely, HCSB may:

• procure for Customer the right to continue using the Products;
• replace or modify the Products with one that is non-infringing; or
• require Customer to return the Products and make replacement if HCSB opines that Customer has a valid claim.

This Section states HCSB’s entire obligation and Customer’s sole remedy regarding any Claims.

(d)           HCSB Claims. You will indemnify, defend, and hold HCSB harmless from and against all third-party claims to the extent such claims are caused by, arising from or in connection with your breach of any of these Terms, your violation of any laws or the rights of a third-party, or your handing, use and/ or sale of the Products.

(e)            Additional Indemnity (Applicable for Vehicle Dealers or Reseller Partners Only). You shall indemnify HCSB and keep HCSB indemnified and harmless from and against any actions, proceedings, liabilities, claims, losses, damages, expenses and costs suffered or incurred by HCSB arising from or in connection with or due to your installation of the Products on your customers’ vehicles;

(f)            This Section 11 shall survive the termination of the Customer Agreement made between you and HCSB.

12.        Limitation of Liability. 

IN NO EVENT SHALL HCSB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, SUBCONTRACTORS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATIONS, LOST REVENUE, LOST PROFITS, LOST OR DAMAGED DATA OR ANY SIMILAR DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HCSB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, SUBCONTRACTORS OR LICENSORS HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF.

IN NO EVENT SHALL HCSB’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS CUSTOMER AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNT PAID TO HCSB FOR THOSE SPECIFIC PRODUCTS PURCHASED BY THE CUSTOMER HEREUNDER THAT ARE THE SUBJECT OF THE CLAIM.

This limitation of liability is a material basis for the parties’ bargain and reflects the bargained-for allocation of risks between HCSB and Customer, without which HCSB would not have agreed to provide the Products at the price charged. This Section 11 shall survive the termination of the Customer Agreement made between you and HCSB.

13. Confidentiality; Feedback.

(a)           HCSB Confidential Information. You agree to refrain from using HCSB’s Confidential Information (as defined below) except as contemplated herein. Confidential Information shall not be reproduced in any form except as required to fulfil the intent of these Terms. Any reproduction of HCSB Confidential Information shall remain the property of HCSB. Customer shall take all reasonable steps to keep all Confidential Information strictly confidential. “Confidential Information” means all non-public information of HISB disclosed by HCSB or obtained by you during the term of this Customer Agreement, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, business plan or marketing plan disclosed by Seller to Buyer, whether orally, visually or in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as proprietary or  “confidential”. HCSB’s Confidential Information shall include, without limitation, the results of any evaluation or testing of the Products conducted by Customer. Upon HCSB’s request, Customer shall promptly return all documents and other materials received from HCSB and delete all intangible files and data from is storage system.

(b)           Feedback. In the event that Customer undertakes to report to HCSB the results of tests and/or evaluations of HCSB’s Products or to provide other feedback regarding the foregoing or any other aspect of HCSB’s Confidential Information (collectively, “Feedback”), any such Feedback provided by Customer:

• will be given entirely voluntarily by Customer, and not subject to any intellectual property right, title or claim that might be asserted by Customer against HCSB for such Feedback under any applicable intellectual property laws;
• will be deemed Confidential Information of HCSB; and
• will not create a confidentiality obligation on HCSB. Customer shall not provide any Feedback to HCSB that is subject to any confidentiality obligations or intellectual property rights of any third parties. HCSB shall, without charge, be free to use, reproduce, license, distribute or otherwise exploit the Feedback for any purposes in perpetuity.

(c)           This Section 13 shall survive the termination of the Customer Agreement made between you and HCSB.

14.        Assignment; Modification.

Customer may not assign or delegate its rights or obligations under these Terms without the prior written consent of HCSB, which consent shall be made or withheld at HCSB’s sole discretion. Any attempt by Customer to assign this Customer Agreement without HCSB’s prior consent shall be null and void. HCSB may freely transfer, assign, or delegate these Terms or its rights and duties under this Customer Agreement. Subject to the foregoing, any permitted assignment shall be binding upon and inure to the benefit of each Party and its respective successors and assignees, provided that any such assignment shall not relieve the assigning entity of any obligation to pay monies that were owed prior to the date of the assignment. No modification, addition or deletion, or waiver of any of the terms and conditions of these Terms will be binding on either Party unless made in writing.

15.        Publicity

Customer agrees and acknowledges that HCSB may make announcement and/ or disseminate, release any information whatsoever to the public that identifies Customer as a purchaser and user of the Products.  

16.        Governing Law and Venue.

These Terms are construed and governed by the laws of Malaysia.

17.        Disputes

Any dispute or claim relating to the Products and/ or this Customer Agreement shall be resolved at the Malaysian courts. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

18.        Severability.

Should any provisions (or part of a provision) of these Terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other terms or remainder of the term in question (as applicable) will not be affected thereby.

19.        Force Majeure.

HCSB shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Customer Agreement, for any failure or delay in fulfilling or performing any of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of HCSB, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labour disputes, or restraints or delays of carriers or inability or delay in obtaining supplies of adequate or suitable materials, non-delivery of any supplies or materials, telecommunication breakdown or power outage and other circumstances of similar nature.

20.        Survival

Provisions of these Terms which by their nature should remain in force after any termination of the Customer Agreement made between you and HCSB shall survive the termination of the Customer Agreement.

21.        Notices.

(a)           Notices to Customer. We may provide any notice to you under this Customer Agreement by:

• posting a notice on the Platform; or
• sending a message to the email address associated with your Account.

Notices we provide by posting on the Platforms will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address associated with your Account when we send the email, whether or not you actually receive the email.

22.        No Waiver.

No failure of or delay by HCSB to exercise any right, power, remedy or privilege shall operate as a waiver of the same.

23.        Privacy Statement

You acknowledge and accept that we will gather and use your personal data and/or payment information obtained in the process of you using the Platforms and/or placing an order to purchase the Products through the Platforms. We agree to maintain your data privacy, in accordance with Malaysia’s Personal Data Protection Act 2010. You agree that by placing an order for the Products on the Platforms, you agree to be bound by our Privacy Statement accessible on the Platforms, which may be amended from time to time.

24.        Updates to these Terms.

You can review the most current version of these Terms at any time on the Platforms. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Platforms. Any updates and changes to these Terms will be effective upon posting on the Platforms. It is your responsibility to check the Platforms periodically for changes. By maintaining your Account and your continued use of or access to the Platforms or the Products following the posting of any changes to these Terms on the Platforms shall deemed to constitute acceptance of those changes.  IF YOU DO NOT AGREE TO ANY FUTURE CHANGES TO THESE TERMS, YOU MUST CONTACT OUR CUSTOMER SUPPORT TO DELETE YOUR ACCOUNT IMMEDIATELY.

25.        Customer Support

If you have any questions regarding these Terms, you may contact us at supportjpjeplate@jpj.gov.my.