LAST REVISED: NOVEMBER 11, 2021
You should carefully read the following Terms of Sale (“Terms of Sale“). By placing an order to purchase a product and/or a service on or through C.T.Software's web site, online store or payment gateway (collectively, the "CTS's Online Services"), you agree to be bound by this legal contract and you acknowledge that you are at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract.
Section A – Terms of Sale Applicable to all Online Purchases
1. Pricing
C.T.Software shall have the right at any time, prior to C.T.Software’s acceptance of your order, to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. Any prices, quotations and descriptions made or referred to on the CTS’s Online Services are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to C.T.Software’s express acceptance of your order (as described below). C.T.Software reserves the right to notify you of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.
2. Payment
Different payment methods, such as credit card, debit card, direct debit or e-wallet balances, may be available to you when making a purchase through CTS’s Online Services. When you use third party payment and billing providers, such as PayPal, that provider’s additional terms, and costs, may apply. It is your obligation to pay all taxes associated with the receipt or use of the digital goods which you purchase from C.T.Software.
3. Currencies
Depending on your country of residence, and the particular CTS's Online Service that you use to make a purchase, you may be able to choose from several different currencies to purchase goods online from C.T.Software.
4. Revised Terms
C.T.Software may, from time to time, change, modify or update these Terms of Sale, and the revised Terms of Sale will apply to all subsequent purchases. You agree that you will review the Terms of Sale before any purchase. For easier reference, C.T.Software will change the “Last revised” date above.
5. Limitation of Liability
To the maximum extent permitted by applicable law, C.T.Software will not be liable for damages of any kind arising from the use of the CTS's Online Services, including, but not limited to any indirect, incidental, punitive, special or consequential damages. In no event shall C.T.Software's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to C.T.Software during the thirty (30) days immediately prior to the time such claim arose.
6. Indemnification
You shall indemnify C.T.Software against any and all liabilities, claims and costs incurred by, or made against, C.T.Software as a direct or indirect result of C.T.Software performing Services or carrying out any work on or to the products where this has been done to your (or your representative's) specific requirements or specifications; causing an infringement or alleged infringement of any proprietary rights of any third party. To the fullest extent permitted by law, and save where expressly set out in any License Terms or in any other agreements between the parties, C.T.Software shall have no liability to you in the event of the products or services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the products are or may be the subject of patent, copyright, database right, registered design, trademark or other rights of any third party, you should refer to the relevant terms of the product manufacturer and/or licensor/owner. C.T.Software shall only be obliged to transfer to you only such right or title as C.T.Software has.
7. Governing Law
The Terms of Sale shall be governed by and construed in accordance with the laws of Malaysia, excluding its conflicts of law rules and excluding the UN Convention on Contracts for the International Sale of Goods. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the purchase of tangible goods and/or services supplied by C.T.Software to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement.
8. Place of Jurisdiction
To the fullest extent permissible under applicable law, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Sale shall be a court of competent jurisdiction located in Malaysia.
9. Force Majeure
C.T.Software shall not be liable to you, nor held in breach of contract, for any loss or damage which may be suffered as a direct or indirect result of C.T.Software being prevented, hindered or delayed in the performance by circumstances beyond C.T.Software’s reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event C.T.Software may elect to cancel your order and refund any payments made.
10. Entire Agreement
You acknowledge that these Terms of Sale supersede and cancel all previous contracts or agreements whether oral or written, express or implied, between C.T.Software and you with regards to your ability to purchase goods or services from CTS’s Online Services. These Terms of Sale prevail over any other terms or conditions contained in or referred to other agreements between the parties or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.
Section B – Terms of Sale for Digital Content and Services
1. Orders for Digital Content and Services
By placing an order on CTS's Online Services, you agree that you are submitting a binding offer to purchase digital content, such as digital content for C.T.Software's products (“Digital Content”) or web application services. Based upon your billing address, CTS's Online Services may collect sales tax on your behalf and remit payment to the government if digital goods are taxable. Your order is accepted and a contract concluded once C.T.Software has sent you a Confirmation Email (“Confirmation Email”). YOU HEREBY EXPRESSLY AGREE THAT THE SUPPLY OF DIGITAL CONTENT AND THE PERFORMANCE OF C.T.SOFTWARE’S SERVICES BEGINS IMMEDIATELY AFTER THE CONFIRMATION EMAIL IS SENT.
2. All Sales for Digital Content or Services are Final
No refunds are permitted except with respect to any statutory warranties or guarantees that cannot be excluded or limited by law.
Section C – Terms of Sale for Physical Products
1. Pricing - Physical Products
The prices listed for physical goods available through CTS’s Online Services (referred to herein as “Merchandise”) do not include shipping, handling or taxes, if applicable. Prior to checking out, C.T.Software will add all applicable shipping, handling and taxes to the price for the Merchandise you are purchasing. Based upon your billing address, C.T.Software will collect sales tax on your behalf and remit payment to the government if the sale of Merchandise is taxable. C.T.Software also reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the Merchandise will be provided in accordance with such revised description or corrected price.
2. Orders for Merchandise
By placing an order for Merchandise through CTS’s Online Services, you agree that you are submitting a binding offer to purchase the Merchandise from C.T.Software. Your order is accepted and a contract concluded once C.T.Software sends you a Confirmation Email.
3. Shipping
Merchandise will be shipped F.O.B. Kuala Lumpur, unless C.T.Software designates otherwise on CTS’s Online Services. International customers hereby acknowledge and agree that: (I) Merchandise is shipped from Malaysia; and (ii) you are solely responsible for any and all applicable import duties, customs fees, and taxes.
4. Delivery
Delivery timescales/dates specified for the delivery of Merchandise to you, in any order acknowledgement, acceptance or elsewhere are estimates only, and while C.T.Software endeavours to meet such timescales or dates, C.T.Software does not undertake to dispatch products and/or commence services by a particular date or dates and shall not be liable to you in respect of delays or failure to do so. Merchandise delivery shall be to a valid address to the address submitted by you, and once C.T.Software delivers the Merchandise to a transportation carrier at the designated shipping point, C.T.Software's liability as to delivery ceases, and title and risk of loss passes to you.
5. Returns/Refunds
No returns or refunds are permitted except with respect to any statutory warranties or guarantees that cannot be excluded or limited by law.
