Terms of Sale and Installation

(b) It is important for you to carefully read through and understand these Terms, our Privacy Statement (https://jpjeplate.jpj.gov.my/privacy-policy/), and Terms of Use (Website) (https://jpjeplate.jpj.gov.my/terms-of-use/), before accessing or using our website (https://jpjeplate.jpj.gov.my/homepage/) or JPJePlate app or any other platforms to be determined by HCSB (“Platforms”) in order to submit your application form and other required substantiating documents for our evaluation to approve you as an Authorised Installer of our Product (“Application”). The Application process is as set forth in Appendix A of these Terms, as amended from time to time. It must be noted that, at our sole discretion, we may refuse and deny your Application without an obligation to provide any justification to you.

(c) By submitting your Application to HCSB via the Platforms, you hereby expressly affirm that:

    (i) you have read and comprehend these Terms; and

    (ii) you have accepted and agreed to comply with these Terms.

    If you do not agree with any of these Terms, please do not access or use the Platforms and do not submit the Application to HCSB.

(d) On the date we send a notification to you that indicates our approval of your Application (“Effective Date”), a legally binding and enforceable agreement is formed between you and HCSB (“Agreement”).

(e) Upon obtaining our approval to be an Authorised Installer, you may henceforth commence in purchasing the Product from us. To place an order for the Product (“Order(s)”), you are required to register for a user account (“Account”) on our 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.

(f) We reserve the right, in our sole discretion, to refuse or cancel any Order made by you and limit your Order’s 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 the Products for resale at a price that is higher than our retail price or to commercially exploit the Products in any other manners without our consent, amongst other reasons.

(g) 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 change and update any part of these Terms at any time as we deemed fit and necessary. Any changes and updates to these Terms shall take effect immediately upon posting on the Platforms. It is your responsibility to periodically check and review all the terms and conditions applicable to you. By maintaining your Account and your continued use of or access to the Platforms following the posting of any changes and updates to these Terms on the Platforms shall be deemed to constitute your acceptance of those changes and updates. Alternatively, at our discretion, we may notify you of any updates and changes to these Terms by sending a notice to the email address registered under your Account and/or by posting a notice on the Platforms. IF YOU DO NOT AGREE TO ANY FUTURE CHANGES AND UPDATES TO THESE TERMS, YOU MUST IMMEDIATELY CONTACT OUR CUSTOMER SUPPORT AT supportjpjeplate@jpj.gov.my TO DEACTIVATE AND TERMINATE YOUR ACCOUNT. THE DEACTIVATION AND TERMINATION OF YOUR USER ACCOUNT SHALL NOT AFFECT ANY OF YOUR ACCRUED RIGHTS OR OBLIGATIONS.

(h)Where an Authorised Installer is a legal person (as opposed to a natural person), the person placing the Order represents that he/ she is authorised by the Authorised Installer to place the said Order and to bind the Authorised Installer thereby.

(i) 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.

(j) These Terms are available in English version and Bahasa Malaysia version. In event of any inconsistencies or ambiguities between the provisions contained in these versions, the English version shall prevail.

2. Order.

To place an Order, you must comply with the applicable online purchasing procedures made available by HCSB on the respective Platforms. All documents and/ or information required to place an Order must be submitted. After payment is processed, your Order request will be reflected on 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, an Order cannot be cancelled once it is placed by you and received by us via the Platforms. 

3. Delivery.

(a) Upon receiving your Order request, we will promptly process your Order and arrange for it to be delivered to the address provided by you.

(b) We will use our best endeavour to deliver your Order 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.

(c) The delivery timeframe for your Order is as follows:

Delivery Options	Delivery Time
Standard Delivery	1-2 Business Days (Peninsular Malaysia) 3-4 Business Days (Sabah and Sarawak)
Express Delivery (On Demand)	Same Day Delivery (Klang Valley)

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 day.

The delivery fee for each delivery option will be calculated and displayed at 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.

(d) 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. Proof of delivery provided by the courier services shall be the undisputed evidence that your Order has been successfully delivered to you.

(e) In case of non-delivery, our liability shall be limited to replacing or redeliver your Order to you within a reasonable time.

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

4. Installation

(a)            You shall install the Products on the Permitted Vehicles (as defined in Clause (4(b)(i))). We shall provide you with the necessary training, guideline and support relating to the installation of the Products.

(b) During the term of this Agreement, as an Authorised Installer of the Products, you understand, agree and accept that:

    (i) You shall install the Products on electric passenger cars only (“Permitted Vehicles”). You shall not install the Products on any other type of vehicles;

    (ii) You shall ensure your facility is, at all times, sufficiently equipped to install the Products on Permitted Vehicles in a professional and efficient manner;

    (iii) You shall comply with all applicable laws and you shall not commit any fraud or any other illegal acts;

    (iv) Any information, documents and/or materials submitted by you and any representations, warranties and/or undertakings made by you during the process of your Application are true, current, valid, complete and do not infringe the rights of any third party(ies);

    (v) To date, the Product is priced at Ringgit Malaysia Ninety Eight (RM98.00) only per set (“Price”). You shall only re-sell the Product to the public or your customers at the Price. You shall not mark up the Price of the Product under any circumstances, unless directed in writing by HCSB;

    (vi) If and when necessary, we shall either set the installation fee at a fixed price or impose a maximum installation fee that you may charge your customers;

    (vii) You have registered to be an Authorised Installer of our Product voluntarily and at your own risk. We shall not be liable for any direct or indirect losses, damages or costs incurred by you or any other persons connected to you under all circumstances;

    (viii) At our sole discretion, we may, at any time, revoke your status as an Authorised Installer of the Product without providing any justification and notice to you. In such event, we shall not be liable for any direct or indirect losses, damages and/or cost incurred by you as a result of such revocation. Such revocation shall not affect any of your accrued rights or obligations;

    (ix) You are obligated to comply with any directions, policies and regulations issued and posted by HCSB on the Platforms and/ or on your Account from time to time;

    (x) You shall collect the installation fee directly from the public or your customers. We shall not be entitled to any of the installation fee paid to you. Our approval of your Application and your listing as an Authorised Installer on our Platforms shall not be deemed or construed as creating a joint venture or partnership between us. You shall not act as our subcontractor, agent, employee or legal representative. Our respective status at all times, will continue to be, that of independent contractors with respect to each other. Nothing herein shall be construed as granting any right, power or authority to you to enter into any agreement or commitment for us, to act on our behalf in any matter, make any representation, warranty or undertaking on our behalf, or otherwise bind us in any way. Any unauthorised agreements, commitments, representations, warranties or undertakings made by you purportedly on our behalf to any third party(ies) shall be null and void;

    (xi) Without prejudicing our other rights hereunder, if you breach or fail to comply with any of these Terms or any of our other directions, policies or regulations, you may face financial consequences to be imposed by HCSB based on the severity of your breach or non-compliance;

    (xii) We shall have the right to audit your books, accounts, records and facilities relating to the sale and installation of the Product. Such audit may be conducted by us or our authorized representatives at reasonable times during normal business hours upon providing at least one (1) day’s written notice to you. All such books, accounts and records shall be kept available for at least six (6) years after the termination of your Account and this Agreement for whatever reasons.

(c) The provisions under this Clause 4 shall complement and be read together with all other provisions under the other Clauses of this Agreement and in the event of any inconsistencies between these provisions, the provisions under this Clause 4 shall prevail to the extent necessary to resolve such inconsistencies only.

5. Authorized Use of Products.

(a) Compliance. You acknowledge and agree that you will use the Products in conformance with all applicable laws. Subject to all the provisions hereunder, you shall not re-sell, lease, or sublicense the Product to any unauthorised third party(ies) without our prior written consent. You agree and acknowledge that the usage of the Product must be in compliance with our policies and manuals 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 Product. Without limiting your liability for the foregoing, any such modifications, as well as any framing or installation of the Product in violation of our policies shall void the Warranty under Section 10 herein. By way of example but not limitation, the addition or placement of a frame on or around the Product or the painting of 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.

6. Intellectual Property Rights.

(a) Content. The Product 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 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 Product shall not grant you any ownership in the Content, designs of the Product or in any other intellectual property of HCSB and its licensors in respect of the Product.

(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 Product; or

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

 

7. Pricing

(a) You shall acquire the Product via the Platforms by making full payment for your Order. Partial payment or payment by instalment is not available at the moment. We may, at our discretion, impose reasonable processing fee and/ or any other additional fee on your purchase of the Product. Prices for our Product are subject to change without justification and notice.

(b) Payment Terms. The following terms relating to payment for the purchase of the Product shall be applicable:

    (i) All payments for the purchase of the Product must be made at the time of placing your Order via the Platforms;

    (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 Product 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) Taxes. Purchase price 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 Product (“Taxes)”), all of which shall be for your account. If you are required to pay the Taxes, you shall reimburse HCSB for such amounts, as well as any related costs, interest and penalties paid or payable by HCSB. 

8. 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 Product. We want you to shop in confidence, knowing that you’ll always receive the most competitive pricing.

9. Cancellation and Returns.

(a) Orders for the Products are generally processed immediately upon 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 two (2) 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 seven (7) 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 Product back to us). The Product being returned shall be at your own risk.

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

However, to ensure fairness to all of our Customers, the Product 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 two (2) calendar days of receiving your Order, from then onwards any issues with the Product may only be claimed under our Warranty as set forth in Section 10 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 exceptional 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.

10. Warranties; Disclaimers.

(a) Product Warranty. HCSB shall provide warranty for the Product (“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 Product being in an accident; or

• (iv) has been stolen or is lost.

(c) 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 10(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.

(d) Discretionary Action. HCSB reserves the right to exercise discretion in processing warranty claims for the Product. 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.

(e) Disclaimers. Except as specified in the Warranty, HCSB provide the Product 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.

11. Termination

(a) In addition to any of our other rights under this Agreement and all applicable laws, we shall be entitled to immediately and permanently terminate or temporarily suspend your Account without notice if:

    (i) We are of the opinion that you have acted fraudulently;

    (ii) You have provided false or inaccurate information to us;

    (iii) You have violated any of these Terms;

    (iv) You have violated any policies of HCSB and/or any applicable laws;

    (v) You have violated our Privacy Statement, Terms of Use (Website) and/or Terms of Use (App);

    (vi) You have acted in such a way that tarnished or threatens to tarnish our good reputation;

    (vii) The termination of your Account is in our best interest; or

    (viii) You have been declared insolvent, any filing of a petition in insolvency by or against you, any appointment of a receiver or administrator for you or any assignment for the benefit of your creditors.

At our discretion, prior to terminating your Account, we may require you to remedy your violation within seven (7) days from the date of our written notice to cure the same.

(b) The termination of your Account will simultaneously terminate this Agreement.

(c) The termination of this Agreement shall not affect any of your accrued rights and liabilities. Upon the termination of this Agreement:

    (i) You shall no longer be an Authorised Installer for the Product and you shall not be allowed to request for your Account to be restored;

    (ii) We have the right to immediately delete all data, files, and other information stored in or for your Account without further notice to you;

    (iii) Any outstanding payment owing to HCSB shall become immediately due;

    (iv) Any Orders placed prior to the effective date of termination shall continue to be valid and the parties shall continue to be bound to perform their respective obligations in respect of such Orders;

    (v) You shall comply with Clause 14(c); and/or

    (vi) We shall be entitled to recover from you all losses, damages and costs incurred and/or to be incurred by us in the event that such termination is due to or attributable to your fault.

(c) If we opt to temporarily suspend or deactivate the function of your Account, we shall determine the suspension period and we may, at our discretion, impose additional and more stringent conditions to be agreed by you prior to restoring your Account. We shall be entitled to charge a reasonable fee to restore or reactivate your Account.

12. Indemnities.

(a) Customer Claims. HCSB will defend any claim against Customer that the Product 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 Product by Customer or a third party;
• combination, operation, or use of the Product with non-HCSB products and/ or software; or
• any use or deployment of the Product in violation of these Terms.

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

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

This Clause states the Customer’s sole remedy regarding any Claims.

(d) HCSB Claims. You shall indemnify us and keep us indemnified and harmless from and against any actions, proceedings, liabilities, claims, losses, damages, expenses and costs suffered or incurred by us arising from or in connection with or due to:

    (i) Your action, omission, error or negligence committed during the term of this Agreement or specifically in the course of your installation of the Products on any Permitted Vehicles or your handing, use and/ or sale of the Product;

    (ii) Your threatened breach or actual breach of any of these Terms and/ or any of the representations, warranties or undertakings made hereunder;

    (iii) The termination of this Agreement due to your default;

    (iv) Any information or documents provided by you is infringing the rights of any third party(ies);

    (v) Any claims made by any third party(ies) including any government agencies, your customers and others as a result of your default; and/or

    (vi) Any of the representations, warranties or undertakings made by you hereunder is misleading, untrue or false.

(e) Your obligation under this provision shall survive the termination of your Account and this Agreement.

13. Limitation of Liability. 

(a) 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.

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

(c) This limitation of liability is a material basis for the parties’ bargain and reflects the bargained-for allocation of risks between you and HCSB, without which HCSB would not have agreed to provide the Product at the price charged.

(d) The provisions under this Clause 13 shall survive the termination of this Agreement.

14. 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 purpose 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.

(b) “Confidential Information” means all non-public information of HISB disclosed by HCSB or obtained by you during the term of this 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 Product conducted by Customer.

(c) Upon HCSB’s request, Customer shall promptly return all of HCSB’s Confidential Information and delete or destroyed all intangible files and data from its internal and external storage system. Customer shall issue a written certificate to HCSB to certify that it has fully complied with this obligation.

(d) Feedback. In the event that Customer undertakes to report to HCSB the results of tests and/or evaluations of the Product 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:

    (i) 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;

    (ii) will be deemed Confidential Information of HCSB; and

    (iii) 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.

(e) The provisions of this Clause 14 shall survive the termination of this Agreement.

15. 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 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 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 party 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.

16. 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 Product.  

17. Governing Law and Venue.

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

18. Disputes

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

19. 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.

20. Force Majeure.

(a) HCSB shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this 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.

(b) This Agreement may be immediately terminated by either party without any liability upon giving a written notice to the other party if a force majeure event continuously subsist for a period exceeding one hundred and eighty (180) calendar days. Upon the termination of this Agreement in accordance with this Clause, the effects of termination as set out under Clause 11(c) herein shall be applicable.   

21. Survival

Provisions of these Terms which by their nature should remain in force after any termination of this Agreement shall survive the termination of this Agreement.

22. Notices.

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

    (i) posting a notice on the Platforms; or

    (ii) sending a message to the email address registered under 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 registered under your Account when we send the email, whether or not you actually receive the email.

23. No Waiver.

No failure or delay by HCSB to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

24. Successors and Assigns.

This Agreement and all its terms and conditions shall be binding upon and inure for the benefit of the respective successors, representatives and permitted assigns of the Parties to this Agreement, and be enforceable by, the respective successors, personal representatives and assigns of the Parties hereto.

25. 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, submitting the Application and/or placing an Order to purchase the Product through the Platforms. We agree to maintain your data privacy, in accordance with Malaysia’s Personal Data Protection Act 2010 and our Privacy Statement accessible on the Platforms, which may be amended from time to time.

26. Customer Support

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

Appendix A

Authorised Installers – Onboarding Process

1. Registration

To become an authorized installer, please follow these steps:

• Register Online: Begin by registering on (website). Complete the online registration form with your business details and contact information.
• Know Your Customer (KYC) Verification: After registration, we will review the submitted documents and verify your business credentials.

2. Training and Certification

Upon successful KYC verification, you will be required to complete a training course. This course is designed to ensure that you are fully equipped to handle product installations effectively & in compliance.

• Training Options: Training can be completed either onsite at our facility or through an online course, depending on your preference and availability.
• Training Content: The training will cover the product information, order processes, delivery policy, payment processes, installation procedures, safety protocols, and best practices.

3. Test

After completing the training, you will be required to take a test. This test will assess your knowledge and readiness to operate as an authorised installer.

• Test Format: The test may be conducted online or onsite, depending on the training format you choose.
• Passing Criteria: A passing grade is required to proceed. If you do not pass the test, you will be required to retake the test.

4. Access and Ordering

Upon successfully passing the certification test:

• Login Credentials: You will be issued login credentials to access our ordering system.
• Placing Orders: With these credentials, you will be able to place orders on behalf of your customers and schedule deliveries to your fitment centre.

5. Ongoing Support

As an authorized installer, you will receive ongoing support and updates regarding our products and services.