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Subscriber Agreement

Interpretation

  “AbleTech”

means AbleTech Solutions Sdn.Bhd. (Company No: 1332315-V), a company incorporated in Malaysia and having its registered address at 2nd Floor, 753, Jalan Subang 3, Taman Perindustrian Subang, 47610 Subang Jaya, Selangor, Malaysia

  “Agreement”  

means the Subscriber Agreement that formed when order is placed by Subscriber on the Platform for the purchase of Goods from SUBPLACE

  “AML Laws”  

means any anti-money laundering, know-your-customer and/or antiterrorism laws

  "Goods"  

means the product and/or services made available for sale on the Platform, including any instalment of the product and/or services or any parts for them

  “Instalment”  

means one of such number of separate and equal instalments as may be determined by SUBPLACE at its sole discretion that is created by a successful Order pursuant to the Payment System

  “Nefarious Behaviour”  

means any behaviour in bad faith including, but not limited to:

(a) using the Platform or Payment System for unauthorised purposes;

(b) inappropriately gaining from  Platform or  Payment System; and

(c)engaging in fraudulent activities in and around SUBPLACE.

  “Online Payment  
  Gateway Provider”  

means the service provider (including but not limited to Global Payments Card Processing Malaysia Sdn Bhd) who operates, processes and maintains an online payment gateway between SUBPLACE and the Banks to effectuate online payment by the Subscriber for the Goods on the Platform

  “Payment Method”  

means the ways in which the Subscriber pay for the Goods on the Platform, including but not limited to, credit card, debit card, direct debit and FPX

  “Payment System”  

means the system developed by SUBPLACE for the implementation and administration of an online payment solution, whereby Biz Partner agree to accept payment by Subscriber on a deferred basis and assigns the Deferred Payables to SUBPLACE, and SUBPLACE agrees to allow Subscriber to make payment for the Deferred Payables via Instalments, and which includes performing validation checks and assessments on Subscriber and Biz Partner using the system, managing accounts and processing transactions and request

  “Biz Partner”  

means an approved retailer or retail merchant that allows Subscriber to purchase Products on  SUBPLACE and make payment using the Online Payment Gateway Provider

  “Platform”  

means the platform with the URL link of subplace.com and/or mobile app, where SUBPLACE may list Goods for sale under the Agreement, and Customer(s) may buy such goods through online services

  “Return Policy”  

means the terms and conditions regarding the return, replacement and refund of Goods as may be determined by SUBPLACE from time to time

  "Subscriber"  

means the person who purchases Goods on the Platform

  “Services”  

means the use of any services, information and functions made available by SUBPLACE at the Platform

  “Terms & 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

  “Third Party Vendor”  

means an agent which uses the Platform and/or Services to sell Goods to the Subscribers

  "Writing"  

includes electronic mail facsimile transmission and any comparable means of communication

 

1.  In this Agreement, unless the context otherwise requires:

a.  references to persons shall include individuals, bodies corporate (wherever incorporated), unincorporated associations and partnerships;

b.  the headings are inserted for convenience only and shall not affect the construction of this Agreement;

c.  references to times of the day are to local time in Malaysia unless otherwise stated;

d.  references to RM are to the lawful currency of Malaysia;

e.  words importing the singular number shall include the plural and vice versa;

f.  words importing the masculine gender shall include the feminine and neuter genders and vice versa;

g.  references to any agreement or document shall include such agreement or document as amended, varied, novated, supplemented or replaced from time to time; and

h.  any reference to an enactment or statutory provision is a reference to it as it may have been, or may from time to time be modified, consolidated, or re-enacted.

 

2.   RECITALS

2.1  The Platform provides a place and opportunity for the sale of Goods between SUBPLACE and the Subscriber (collectively “Parties”). The Subscriber is offered the preference of purchasing the Goods listed for sales by either SUBPLACE, Biz Partner or Third-Party Vendor, that may be stated on the webpage listing such Goods.

2.2  Where the Subscriber has placed an order on the Platform for the purchase of Goods sold by SUBPLACE and SUBPLACE has accepted the same, this shall constitute an Agreement entered into directly between the Subscriber and SUBPLACE.

2.3  Any information made available on the Platform in relation with the supply of Goods, including drawings, photograph, images, or data about the extent of appearance, performance, delivery, dimensions, weight, consumptions of operating materials, operating costs or any other information disclosed by SUBPLACE, Biz Partner, Third-Party Vendors through the Platform are not binding but merely for information or illustration purposes only. The Subscriber acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4  SUBPLACE shall in its reasonable endeavours, to provide precise description of the Goods to the Subscriber in the Platform. SUBPLACE make no warranty that such description is updated, free from error and accurate at all times. Should the Subscriber receive the Goods that is fundamentally different from the Goods as described on the Platform and which the Subscriber has order, Clause 7 shall then be applicable.

2.5  Any typographical or other error or omission in any invoice or other document or information issued by SUBPLACE in its website shall be subject to correction without any liability on the part of SUBPLACE.

 

3.  ACCOUNT REGISTRATION

Subscriber is required to create its own account on the Platform. The username and password (“ID”) of the account created are for the sole and exclusive use of the Subscriber. The Subscriber shall not disclose its ID to any unauthorized third party without prior written consent of SUBPLACE. SUBPLACE shall not be liable for any losses, damages, issues, and problems caused by any unauthorized use, abuse of misused ID as a result thereof.

3.1  Subscriber Eligibility

In order to be eligible to register the account in SUBPLACE, you must:

(i)   be a natural person and not a company, partnership or other commercial or non-commercial entity;

(ii)   be at least 18 years old at the time of any Goods placed by you;

(iii)  have a valid email address;

(iv)   have a mobile telephone number issued by a Malaysian telecommunication carrier;

(v)   have a billing address and shipping address located in Malaysia; and

(vi)   own a valid Credit Card or Debit Card which you can use to make payments on the SUBPLACE.

3.2  Subscriber eligibility is assessed and determined upon each placement of Goods Subscriber make, and SUBPLACE reserves the right to deny, suspend or terminate the provision of the Services to Subscriber in the manner in the event that Subscriber fail to meet the eligibility requirements set out in Clause 3.1 at any time, and you shall have no right of recourse or appeal against such decision.

3.3  SUBPLACE may limit Subscriber access to Subscriber Account in the following ways:

(i)   where you have failed to pay any Instalment(s) by the Scheduled Due Date and within any accompanying grace period (where applicable), SUBPLACE may suspend you from making further Orders and subsequently, where your debts to SUBPLACE have been referred to a third party debt collection agency, SUBPLACE will block access to your Account; and

(ii)  where SUBPLACE has reasonable cause to suspect that you have been involved in any Nefarious Behaviour within the Payment System, SUBPLACE shall:-

(a)  reserves the right to conduct investigations, with internal and external third-parties, to determine the extent and impact of the suspected Nefarious Behaviour;

(b)  may seek your cooperation and assistance in dealing with such activities;

(c)  may request immediate payment from you for all outstanding debts only to SUBPLACE for such Account(s);

(d)  reserves the right to suspend any Account(s) associated with you until such time as such Nefarious Behaviour is halted or restricted to the satisfaction of SUBPLACE;

(e)  reserves the right to temporarily suspend or permanently block you from using or participating in the Payment System or its network of participating Biz Partner;

(f)  may, at its sole discretion, close any Account(s) whether associated with the suspected Nefarious Behaviour or otherwise; and

(g)  reserves the right to report such behaviour to the relevant authorities.

3.4  SUBPLACE may cease and close your Account:

(i)  without your consent or prior notice, if SUBPLACE becomes aware that any Account associated with you is being used by a third party or has been compromised in any way whether as a result of your actions or inactions or otherwise;

(ii)   if SUBPLACE considers that you are using the Payment System inappropriately, illegally, or against the spirit of these Terms and Conditions;

(iii)  if you have not paid your outstanding debts to SUBPLACE;

(iv)  your failure to pay persists despite SUBPLACE putting in place a suitable repayment plan;

(v)  your outstanding debts have been referred to a third-party agency for collection;

(vi)  such collection has been carried out with limited or no success.

3.5  Validations, Checks and Risk Assessments

In respect of any Order, SUBPLACE will conduct the following checks and assessments:

(a)  real-time checks and validations on the Biz Partner’s eligibility, exposure limit, product risk and other matters relating to Biz Partner and the transaction;

(b)  real-time checks and validations on your eligibility; and

(c)  the risks associated with the Products in the Order and your potential capability to repay the overall debt, and where SUBPLACE is satisfied of the eligibility of both you and the Biz Partner at the time of making of the Order.

3.6  Subscriber Obligation

You shall:

(a)  use the Payment System in accordance with the operating procedures determined by SUBPLACE from time to time;

(b)  keep your contact details up-to-date;

(c)  supply all information requested by SUBPLACE in a timely and truthful manner;

(d)  not provide SUBPLACE with any information that is false, misleading, untrue or inaccurate in its nature (including any claim of false identity);

(e)  immediately inform SUBPLACE of any actual or potentially fraudulent activities which your payment method has or may have been involved in, and allow SUBPLACE to share such information with third-party payment providers for the purposes of reducing further fraudulent activities;

(f)  be solely responsible for any matters relating to tax or additional fees arising from your use of the  Payment System

(g)  be responsible for your Account, its use and ongoing security, and shall not permit any unauthorized person or other entity to access your Account at any time unless required by law;

(h)  not use your Account to purchase Products for third parties for the purposes of receiving further or additional payments from such third parties;

(i)  use your Account in a responsible and lawful manner and not use your Account to procure any goods or services that are illegal or unlawful in nature or in a manner that contravenes any AML Laws; and

(j)  to the fullest extent permitted by law, cooperate with SUBPLACE in the event of any investigation performed by SUBPLACE, any third-party or any legal, governmental or regulatory authority in relation to any Order, payment or matter related to your Account.

3.7  Credit Check

(a)  Pursuant to the Credit Reporting Agencies (CRA) Act 2010 and Central Bank of Malaysia Act 2009, the Subscriber hereby full consent to SUBPLACE to process the Seller personal data. The Subscriber authorises SUBPLACE and/or its agents and/or representatives to make necessary inspection and/or inquiries to verify the information provided to SUBPLACE by the Subscriber from time to time;

(b)  The Subscriber consents to SUBPLACE disclosing relevant personal data and/or credit information of the Subscriber to any credit reporting agency and authorises SUBPLACE to receive the Subscriber’s credit report from the credit reporting agency. The Subscriber agrees that such disclosure of information and obtaining of credit reports can be performed by SUBPLACE at any time during and/or after the cessation of relationship between SUBPLACE and the Subscriber, including when there is any default/outstanding amount due to SUBPLACE from the Subscriber; and

(c)  SUBPLACE is entitled to take necessary measures to recover the any outstanding amount and/or payment(s) that incurred from the Subscriber, including but not limited to third party means, that is CTOS, collection agencies and legal proceeding to be taken against the Subscriber to recover such outstanding amount where it remain in arrears of more than 14 days.

(d)  The Subscriber hereby agree and give the full consent to SUBPLACE and appointed agents to collect and process the Subscriber personal information to CTOS for CTOS to conduct credit check and disclose the credit information including CCRIS and DCHEQS to SUBPLACE and for SUBPLACE to conduct credit assessment and to facilitate debt recovery process whenever is applicable in accordance with SUBPLACE Privacy Policy.

 

4.   ORDERS PLACEMENT

4.1   Subscriber shall purchase the Goods displayed on the Platform by placing an electronic order. All purchases can be completed upon the placing and completion of the order form on the Platform by the Subscriber.

4.2   Subscriber shall be solely responsible for ensuring the accuracy of the order placement. All orders placed shall be subjected to SUBPLACE’s acceptance in its sole discretion. Each order accepted by SUBPLACE shall be deemed to be irrevocable and unconditional upon transmission through the Platform. SUBPLACE shall be entitled to process such orders without further consent from the Subscriber. Nonetheless, Subscriber may request to withdraw or modify the order which SUBPLACE shall endeavour to give effect to on a commercially reasonable effort basis.

4.3   The Agreement shall be deemed completed after SUBPLACE accepted the order from Subscriber by issuing a purchase confirmation acknowledgement to the Subscriber. SUBPLACE shall be entitled to refuse or cancel any order without giving any reasons for the same to the Subscriber prior to issue of the confirmation acknowledgement. SUBPLACE requires the Subscriber to furnish the contact and other verification information, including but not limited to address, contact numbers prior to issuing a purchase confirmation acknowledgement.

4.4   No concluded Agreement  may be modified or cancelled by the Subscriber except with prior written consent from SUBPLACE and on terms that the Subscriber shall indemnify SUBPLACE in full against all loss including loss of profit, costs, damages, charges and expenses incurred by SUBPLACE as a result of the modification or cancellation, as the case may be.

 

5.  PRICE

5.1   The price of the Goods shall be the price stated and displayed on the Platform at the time which the Subscriber places and completes the order form on the Platform. The price shall include any applicable sales and services tax, value added tax or similar tax which the Subscriber shall be liable to pay to SUBPLACE in addition to the price (excluding all the delivery charges that may incurs).

5.2   Should there be any occurrence of Goods mispricing on the Platform, SUBPLACE reserves the absolute right to terminate the Agreement prior to three (3) days’ notice to notify the Subscriber of such cancellation. SUBPLACE shall have right to terminate the Agreement notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Subscriber

 

6.   PAYMENT METHODS

6.1    All payments shall be made to SUBPLACE for the purchases on the Platform. Subscriber acknowledges that SUBPLACE is entitled to collect payments from Subscriber.

6.2    The Subscriber acknowledges that SUBPLACE has entered into agreements with Online Payment Gateway Provider (“GlobalPay”) for them to provide payment facilities and services for the Goods selling through the Platform. The Subscriber hereby agrees that all duties, obligations, responsibilities, and liabilities of SUBPLACE in any of such past, present and future agreements (collectively, known as “Payment Guidelines”) shall also apply equally to the Subscriber.

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

(i)   Credit Card

Credit card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. SUBPLACE accepts all MasterCard and Visa credit cards that is 3D Secure enabled. Kindly note that extra charges could be imposed if Subscriber is using a non-Malaysian issued card due to foreign exchange rate.

(ii)   Debit Cards

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

6.4   Subscriber shall not claim against SUBPLACE for any failure, disruption, or error in connection with the Subscriber’s chosen payment method. SUBPLACE reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without further reason or notice to the Subscriber.

6.5   Should the Subscriber fails to make any payment or payment is cancelled for any whatsoever reasons, without prejudice to any other right or remedy available to SUBPLACE, SUBPLACE shall be entitled to: -

(i)   rescind the Agreement until payment is made in full; and/or

(ii)  to impose one percent (1.0%) per month being the interest on the unpaid amount until full payment is made by the Subscriber.

6.6   The refunds of Goods shall be determined in accordance with the Return Policy. The Subscriber agree that SUBPLACE reserves right to change the terms and conditions in this Return Policy from time to time. SUBPLACE has no guarantee of any nature of for the timeliness of the refunds and the processing of payment may take time and subjected to payment provided internal timeline.

6.7   All payments for the purchased Goods must be made to SUBPLACE using the payment methods made available on the Platform only. SUBPLACE shall not be held responsible for any losses which may arise from payments made through payment methods apart from the available payment methods on the Platform.

 

7.   DELIVERY/PERFORMANCE

7.1   Subscriber shall ensure the accuracy of the delivery address upon successful purchase of the Goods on the Platform.

7.2   SUBPLACE has the right at any time,  to assign  all or any of its obligations for the sale/delivery of the Goods to any other party as  from time to time without giving notice of the same to the Subscriber.

7.3   Any stated delivery dates are approximate, and delays may occur. The time for delivery/performance shall not be of the essence. SUBPLACE shall not be liable for any delay in delivery or performance howsoever caused.

7.4   If Subscriber failed to receive the Goods within a reasonable time, the Subscriber may notify SUBPLACE via a written notice and entitled to demand performance within a specified time that shall not less than fourteen (14) days. In the event SUBPLACE fail to deliver as the specified time, Subscriber has the option to terminate the Agreement by claiming a refund on the undelivered Goods.

7.5   Where the Goods have been delivered to the Subscriber even after such refunds have been claimed by the Subscriber pursuant to Clause 6.4 above, Subscriber shall immediately notify SUBPLACE on the same. The property in the Goods shall not pass to the Subscriber and Subscriber shall hold the Goods as SUBPLACE's fiduciary agent and bailee and shall keep the Goods separate from those of the Subscriber. SUBPLACE shall be entitled at any time to demand the Subscriber to deliver up the Goods to SUBPLACE designated spot. In the  event of non-compliance SUBPLACE reserves its right to take legal action against the Subscriber 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 Subscriber.

7.6   If the Subscriber fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Subscriber 's reasonable control or by reason of SUBPLACE’s fault) then without prejudice to any other right or remedy available to SUBPLACE, SUBPLACE may:

(i)   sell the Goods at the best price readily obtainable and account to the Subscriber for the excess over the price under the Agreement provided the price has been paid in cleared funds in full; or

(ii)  terminate the Contract and claim damages.

 

8.  RETURN, REPLACEMENT OR REFUND

8.1   All Goods sold on the Platform is covered under the Return Policy.  Subscriber may initiate the returns process by communicating with SUBPLACE through the Platform. Please refer to Refund Policy for further information.

8.2   Subscriber may apply to return the purchased Goods to SUBPLACE in exchange for a replacement or a refund on the Platform. Subscriber shall ensure that the purchased Goods is returned to SUBPLACE within fourteen (14) calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the commencement day starts from the date the Subscriber received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact SUBPLACE within 48 hours of receiving the delivery to expedite the claim process.

8.3   Subscriber may contact SUBPLACE directly via the Platform for any queries or complaints In the event that Subscriber is unable to resolve any dispute by amicable negotiations, SUBPLACE reserves the right to suggest and implement appropriate resolution at its sole discretion.

 

9.  RISK AND PROPERTY OF THE GOODS

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

9.2  Until such time as the property in the Goods passes to the Subscriber, the Subscriber shall hold the Goods as  fiduciary agent and bailee and shall keep the Goods separate from those of the Subscriber.

9.3  The Subscriber shall immediately notify SUBPLACE of any matter from time to time affecting Biz Partner’s title to the Goods as well as providing any information relating to the Goods as SUBPLACE may require from time to time.

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

9.5  The Subscriber shall indemnify SUBPLACE against all loss damages costs expenses and legal fees incurred by SUBPLACE in connection with the assertion and enforcement of SUBPLACE’s rights under this condition.

 

10.  TERMINATION

10.1   Without prejudice to any other right of termination elsewhere in this Agreement, SUBPLACE, may stop any Goods in transit, suspend further deliveries to the Subscriber and/or terminate the Agreement with immediate effect by written notice to the Subscriber on or at any time after the occurrence of any of the following events:

(i)   the Goods being unavailable for any reason on the Platform; and/or

(ii)  the Goods has been mispriced on the Platform.

 

11.  REPRESENTATIONS AND WARRANTIES

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

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

11.2.1    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.

11.2.2    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 SUBPLACE.

11.2.3    SUBPLACE 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 SUBPLACE's opinion in that behalf.  SUBPLACE is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. SUBPLACE does not give any warranty as to the quality state condition or fitness of the Goods.

11.2.4    SUBPLACE shall be under no liability for the following measures and actions taken by the Subscriber for the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of SUBPLACE addition and insertion of parts, in particular of spare parts which do not approved or recognized by SUBPLACE.

11.2.5    SUBPLACE shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Subscriber 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 SUBPLACE's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without SUBPLACE's approval.

11.2.6    SUBPLACE 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 SUBPLACE’s prior written approval and the subscriber shall fully indemnify SUBPLACE against each loss liability and cost arising out of such claims.

11.2.7    SUBPLACE 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.

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

 

12.  EXCLUSION OF LIABILITY

12.1   In no event shall SUBPLACE 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 Subscriber as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if SUBPLACE had been advised by the Subscriber of the possibility of incurring the same.

12.2   The cumulative maximum liability of Subplace under or in connection with this Agreement irrespective of the basis of claim shall be limited in accordance with the provisions of this clause i.e. shall not exceed the sums that the Subscriber have paid to SUBPLACE under this Agreement.

12.3   No action shall be brought against SUBPLACE later than twelve (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 twelve (12) months after the end of the Warranty Period.

 

13.  GENERAL

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

13.2   SUBPLACE shall not hold  liable for non-performance, error, interruption or delay in the performance of its obligations under this Agreement (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 SUBPLACE’s reasonable control.

13.3   The failure of any party to insist on the performance of any obligations hereunder shall not act as a waiver of such obligation. No waiver, modification, release or amendment of any obligation under this Agreement shall be valid or effective unless in writing and signed by the parties hereto. However, it is the intention of the parties that this Agreement be controlling over additional or different terms of any purchase order, confirmation, invoice or similar document, even if accepted in writing by the parties, and that waivers and amendments shall be effective only if made by non-pre-printed Agreements clearly understood by the parties to be an amendment or waiver.

13.4   The Subscriber must discharge all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Agreement, or the breach, termination or invalidity thereof, prior to bringing a claim against SUBPLACE.

13.5   The Contract shall be governed by the laws of Malaysia and the Subscriber agrees to submit to the jurisdiction of the Courts in Malaysia.

13.6   Any such actions brought against SUBPLACE for any dispute, controversy or claim arising out of or relating to the Agreement, 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.

13.7  These terms and conditions  as stipulated herein shall constitute the entire agreement between SUBPLACE and the Subscriber 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.

13.8   SUBPLACE 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 SUBPLACE deems appropriate.

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

 

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