Terms & Condition

Terms of Use

    Agreement to these Terms and Conditions constitutes execution of an agreement for use of the services provided by 98 Percent Sdn Bhd agreed upon by 98 Percent Sdn Bhd and the purchaser who buys products on 98 Percent’s site (the “Site”). Any transaction executed through 98 Percent’s service is governed by the laws of the Malaysia and any statement herein with regard to time, period and place is based upon the time, period and place of Malaysia.

Agreement to Terms of Use

    These Terms and Conditions of Use (the “Terms of Use”) apply to 98 Percent. The Site is the property of 98 Percent Sdn Bhd and its licensors. By using the site, you are agreeing to the following listed terms; if you do not agree, please refrain from using this site.

    98 Percent reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, 98 Percent grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Privacy

    To understand our practices, please review our Privacy Policy, which also governs your visit to 98 Percent.

Electronic Communications

    When you visit 98 Percent, send e-mails, messenger to us you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfies any legal requirements that such communications be in writing.

Copyright

    All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of 98 Percent or its content suppliers and protected by Malaysia and international copyright laws. The compilation of all content on this site is the exclusive property of 98 Percent and protected by Malaysia and international copyright laws.

License and Site Access

    98 Percent grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of 98 Percent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 98 Percent. You may not frame or utilize framing techniques to enclose logo, or other proprietary information (including images, text, page layout, or form) of 98 Percent without express written consent. Any unauthorized use terminates the permission or license granted by 98 Percent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of 98 Percent so long as the link does not portray 98 Percent, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the 98 Percent logo or other proprietary graphic as part of the link without express written permission.

Your Account

    If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 98 Percent does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use 98 Percent only with involvement of a parent or guardian. 98 Percent reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Each member is entitled to one 98 Percent account. Account verification is done thru verification of the user's email. If you believe there is an error with the account verification process, please contact 98 Percent by email askme@98percent.com.

Promotional Terms and Conditions

    1. Explanation of standard promotional terms

    a) Each individual promotion will come with its own set of specific significant terms and conditions (the “Significant Terms”) in addition to these Standard Promotional Terms and Conditions (“Standard Promo Terms”). You should therefore read these Standard Promo Terms in combination with the applicable Significant Terms for any contest, bonus or promotion (referred to as a “promotion” or “bonus” or “contest” or “competition” interchangeably throughout these terms) you wish to enter.

    b) If for any reason, a promotion does not have Significant Terms, the promotion will default to these Standard Promo Terms only. Where such Significant Terms conflict with these Standard Promo Terms, the Significant Terms will take precedence.

    2. Promotional abuse and irregular usage

    a) 98 Percent reserves a zero-tolerance policy towards bonus abuse, fraud, taking unfair advantage of us and/or other suspicious activity, and 98 Percent reserves the right to block and remove bonuses, associated wins and/or credits from accounts that 98 Percent suspects, at our sole direction, are involved in such activities or behaviours.

    b) 98 Percent reserves the right to review transaction records and logs from time to time, for any reason whatsoever. You hereby consent in advance to same. If, upon such a review, it appears that you are participating, or attempting to participate, in strategies that 98 Percent, in our sole discretion deem to be (i) promotional abuse; and/or (ii) irregular usage; 98 Percent reserves the right to deny, withhold, revoke or withdraw your entitlement to any promotion, winnings or bonus, or terminate your access to the Website and/or block your account. PLEASE NOTE that in such circumstances, 98 Percent shall be under no obligation to refund any funds that may be in your account other than your original deposit amounts.

    c) "Promotional abuse" includes, but is not limited to, any one of the following types of promotions:
    • Working in a syndicate with other customers to abuse promotions, deliberately cheating or other unfair behaviour.
    • Whether known or unknown to us, taking advantage of any software or system bug, loophole, fault, error or failure including, but not limited to, in respect to any promotion; and
    • Using multiple accounts to claim a promotion, win, credit, bonus offer more than once.

    3. Right to Vary

    a) 98 Percent reserves the right to withdraw, modify, discontinue or terminate any promotion at any time, and without prior notice. All promotions are intended for 98 Percent customers only and 98 Percent may at our sole discretion limit the eligibility of customers to participate in any promotion.

    b) 98 Percent reserves the right in our sole discretion to deny you from all future promotions. Once you have been informed that you are no longer eligible for promotions, and should you take up any promotion, all winnings from that promotion will be confiscated.

    4. Coupons

    a) Only one coupon promotion is awarded per account per customer which means with one email address, telephone number, credit or debit card and/or e-payment account, or shared computer (e.g. school, public library or workplace). If you are found to be in breach of this clause, all winnings will be confiscated.

    b) Only one coupon can be redeemed per person and coupons. It cannot be used in conjunction with any other promotion unless otherwise stated.

    c) Coupons can be withdrawn or terminated at any time and 98 Percent reserves the right to refuse customers the use of coupons at any time.

    5. Welcome Coupon [Also known as WELCOME GIFT FOR NEW MEMBERS]

    a) Welcome Gift is strictly for new customers.

    b) Welcome Gift is to be validated with the coupon code.

    c) No minimum order quantity.

    d) Welcome Gift offer cannot claim in conjunction with any other on-going promotions simultaneously to the welcome offer requesting a voucher code application. 98 Percent reserves the right to amend this Welcome offer and its terms at any time.

    6. Reward Points

    Reward Points may be awarded when checkout after the online purchase to accounts, it will be awarded based on certain activities such as participation in promotional activities, online festival activities, online contest activities and refunds. Points may be used as credits for future purchases on 98 Percent subject to the terms and conditions of certain promotions. Unless stated otherwise, points will not have any expiration after the grant date. Points may not be redeemable or exchangeable in cash and/or products, nor transferrable to other accounts. Althea reserves the right to cancel or revoke points from a user's account at its own discretion.

    7. Competition and Contest Terms

    a) Any competition/contest that 98 Percent operates is only open to individuals above the age of 18, below this age should provide guardian’s details and who provide the necessary details and information as required by each individual competition/contest, communicated via social media, email or otherwise.

    b) To enter a competition/contest, you must follow the rules and requirements as set out in in each individual competition/contest. Failure to do so shall result in non-entry to such competition/contest. This includes your acceptance to these Terms of Use and, specifically, this clause 6.

    c) All of our competitions/contests expire at a time and date as set out in the competition/contest details. Should you submit an entry after this date then it will be automatically rejected.

    d) Unless otherwise stated, 98 Percent only accepts one entry per person per competition/contest.

    e) 98 Percent reserves the right to cancel or amend any competition/contest and the applicable terms without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event that is beyond of our reasonable control. Any such changes will be notified to entrants (or the winner, as the case may be) as soon as is reasonably possible.

    f) 98 Percent is not responsible and/or liable for inaccurate prize details, or the acts or omissions, by any third party connected with a competition/contest. g) Our decision in respect of all matters to do with the competition/contest will be final.


7-Day Return

    Situation that customer can RETURN the goods:
    1) When the goods delivered to the customer, and the packing of goods already fracture. Consumer can kindly contact us through email askme@98percent.com within 7 days upon receiving the product and we will provide you with some simple instructions on returning your product for a full refund, subject to the following terms and conditions.

    2) When 98percent Sdn Bhd sending the wrong product to the customer.You must first inform us by email before returning the items(s) for a return with an image to prove.

    3)When 3rd party logistics sending the wrong parcel to the customer. (With complete packing) You must first inform us by email before returning the items(s) for a return with an image to prove.

    4) When the products delivered to them has expired. Exchange will be processed within 7 business days after we receive your returned item(s).

    5)When the product is not the same as the website image, customer can return to us. Exchange will be processed within 7 business days after we receive your returned item(s).


Termination of the Use Contract

    1. Termination by members:
    a) A request to terminate member Use Contract is not unable to activate. Member’s account will under dormant status if no purchasing activities after 12 months.

    b) Member may activate the account at any time contact us through email askme@98percent.com. Activation will take 24 hours via send you a verification email link.

    2. Termination by 98 Percent
    a) 98 Percent may terminate the Use Contract (dormant activation within 24 hours) in the event of occurrence or verification of the following:

    i) infringement or damage upon the rights, reputation, credit or any other interest of 98 Percent or any other member or breach of all applicable laws;

    ii) obstruction of the proper processing of the 98 Percent services provided by 98 Percent

    iii) circumstances in which 98 Percent finds it necessary, in its judgment, to refuse the 98 Percent services.

    b) If 98 Percent terminates the Use Contract, 98 Percent will notify the member through e-mail, telephone or other means. The Use Contract shall be terminated at the time when 98 Percent notifies the members of its intent of termination.

    c) If 98 Percent terminates the Use Contract, these Terms and Conditions shall continue to apply with respect to transactions executed before the termination.

    d) When the Use Contract is terminated pursuant to this Article, 98 Percent may withdraw any benefits given to the relevant member.

    e) If the Use Contract is terminated pursuant to this Article, 98 Percent may refuse to approve the members’ re-application.


Management of Members

    1. 98 Percent may take any or all the following measures against members who have violated the Terms and Conditions, applicable laws and regulations or general commercial practices:
    a) Withdrawal of all or part of the benefits given by 98 Percent;
    b) Restriction on use of certain services;
    c) Termination of the Use Contract;
    d) Claim for damages

    2. 98 Percent will notify the relevant member by phone or e-mail prior to taking any measure specified above, but if the member cannot be reached, or in cases of urgency, 98 percent may take the measure first and notify the member after the event.

    3. Members may dispute the measures taken by 98 Percent under this Article if they have grounds to do so.


Delivery

    1. The delivery period shall be from the day following the day on which payment receipt is confirmed to completion of delivery.

    2. Public holidays, weekends and any other days during which delivery is impracticable due to a force majeure event are not included as part of the delivery period.

    3. Invalid Address
    You are responsible for the shipping information while placing the order. You can contact us for updates to your shipping information if your order is not shipped, or you can amend the shipping address from account anytime. Though we make full effort in ensuring your shipping information is updated in our system, we do not guarantee that this update will be correctly reflected on your order depending on various situations. Once your order is shipped, changes are impossible.

    If delivery cannot be completed due to absence, invalid, or incomplete shipping details, the parcel will be returned to your local post office pending further action. Depending on your local courier's policy, you will need to claim your parcel from the post office within the stipulated time frame before it gets returned to 98 Percent. 98 Percent may also try in notifying you should this happen.

    If the address was inputted incorrectly or it was an existing address or if someone accepted the parcel and did not return it, 98 Percent will not be held responsible.

    Please contact our Customer Service at askme@98percent.com if you do not receive your parcel after 15 business days.

Risk of Loss

    Loss or damage that occurs during shipping by a carrier selected by 98 Percent is 98 Percent's responsibility. Loss or damage that occurs after shipping is the customer's responsibility.

Returns, Exchanges, Refunds and Ownership

    1. A purchase order may be cancelled within 12 hours from the date order was placed if it has not shipped. No cancellations nor changes are allowed after 12 hours.

    2. A purchaser requesting 98 Percent’s approval to return or exchange an item must submit clear evidence of the product defect. Shipping costs of returns may apply subject to the cause of the return. (e.g., return requested due to change of mind).

    3. 98 Percent does not take ownership of returned items until the item arrives at 98 Percent’s office. At our discretion, a refund may be issued without requiring a return. In such a situation, 98 Percent does not take ownership of the refunded item. For more information about our returns and refunds, please view our return policy.


Product Descriptions

    98 Percent attempts to be as accurate as possible. However, 98 Percent does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by 98 Percent itself is not as described, your sole remedy is to return it in unused condition.

    The List Price displayed for products on our website represents the selling price estimated in accordance with standard industry practice.

Disclaimer of Warranties and Limitation of Liability

    This site and all information, content, materials, products and services included on or otherwise made available to you through this site are provided by ’98 Percent’ on an "as is" and "as available" basis, unless otherwise specified in writing. 98 Percent makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, 98 Percent disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. 98 Percent does not warrant that this site; information, content, materials, products or services included on or otherwise made available to you through this site; their servers; or electronic communications sent from 98 Percent are free of viruses or other harmful components. 98 Percent will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions, or limitations may not apply to you, and you may be entitled to additional rights.

Disputes

    Any dispute or claim relating in any way to your visit to 98 Percent or to products or services sold or distributed by 98 Percent or through 98percent.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The laws of the Malaysia apply to this agreement. Any legal proceedings brought in connection with disputes arising between 98 Percent and any member from 98 Percent services shall be submitted to the competent court having jurisdiction over the location of the head office of 98 Percent.

Applicable Law

    Matters not provided for in the Terms and Conditions shall be governed by the law of the Malaysia.

Site Policies, Modification, and Severability

    Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to 98 Percent. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

    Our Business Address
    98 Percent Sdn Bhd (1311413-W)
    No.65, Jalan 14/29
    46100 Petaling Jaya
    Selangor, Malaysia
    Tel: +603-7968 9988

    Website address: 98percent.com
    Facebook: 98percent.my
    All rights reserved by 98 Percent Sdn Bhd