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 agents who buy products on 98 Percent’s site. Any transaction executed through 98 Percent’s service is governed by the laws of Malaysia and any statement herein with regard to time, period, and the place is based upon the time, period, and place of Malaysia.
These Terms and Conditions 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.
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 at their space 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 at firstname.lastname@example.org.
Terms and Conditions
1. ASSIGNMENT AND NOVATION
This term & conditions shall not be assigned, novate, and/or transfer to any other third parties without the parties’ written consent. Notwithstanding any contrary to the provisions hereof, the Company may sub-contract or otherwise arrange for another party to perform any part of these terms & conditions
If any provision of these terms & conditions is held invalid, unenforceable, or illegal for any reason, the remaining of the provisions these terms & conditions not affected by such invalidity or unenforceability shall remain in full force and effect.
3. WAIVER AND INDULGENCE
The forbearance, indulgence, delay, or failure of the Company in enforcing any of the terms and conditions.
Any notice, demands, or other communications required by law or process of court which is required to be given hereunder shall be in writing and shall be sent to the last known address and/or the address of the recipient set out in this terms & conditions or such other address as the recipient may designate by notice in accordance with the provisions of this Clause. Any such notice may be delivered personally, by courier service, or by registered post or facsimile transmission and shall be deemed to have been served if by hand or courier service when delivered, if by registered post three (3) Working Day after posting, and if by facsimile transmission when despatched.
5. RELATIONSHIP OF PARTIES
Nothing in these terms & conditions shall constitute or be deemed to constitute a partnership or joint venture between the parties hereto and neither party shall have any authority or power to bind the other or to contract in the name of or create a liability against the other.
6. GOVERNING LAW
These terms & conditions shall be construed and governed by the laws of Malaysia. The Parties hereof agreed to submit to the exclusive jurisdiction of the Courts of Malaysia in regards to any dispute between parties.
7.Agent shall only sell the Products at the recommended selling price (“RSP”), the Agents shall only purchase the Products from the Company at the agent price (“AP”) based on the respective agent level entitlement.
8.All purchased Products shall be delivered or collected by the Agent at its own costs and expenses except otherwise decided by the Company. All risk of loss, theft, damage, or destruction of the Products shall immediately transfer to the Agent upon delivery or collection. Only fully paid Products can be delivered or collected.
9.The Company reserves the rights to:
(a) vary the prices for the Products and to vary its conditions of sale at any time;
(b) make changes in the design, production, or finish of any Products or discontinue their manufacture; and (c) specify from time to time sales targets for the Products or particular types of products.
Agent Level Requirements
*Note: The Requirements stipulated hereof shall be subjected to changes by the Company from time to time.
||Margin Amount (RM)
You are entitled to enjoy the amount of discount according to your agent level, for all of 98 Percent’s products.
Your price after agent discount, based on agent level, is applied.
Your profit after product costs is deducted.
You are required to maintain a minimum restock amount per month to continue to enjoy the benefits that come with your current Agent Level.
1.The Agent may be entitled to referral credits if the Agent introduces and/or refer a third party to apply for and successfully registered as the Company’s dealer, agent or Distributor.
2.The Agent may also entitled for commission towards any assistance or recommendation of successful sales of the Products to any other dealer, agent, or distributor. For the avoidance of doubt, the Company reserves the rights to approve the referral credits and/or commission and to decide the forms and manner of the same upon approval
Warranties, Covenant And Representation
1.MUTUAL WARRANTIES AND REPRESENTATION
Each party hereby represents and warrants that:- (i) the performance by each party hereof of its obligations hereunder, are not and shall not be prohibited by any laws. (ii) it has complied and shall at all times comply with all requirements, conditions and rules, and regulation imposed by the relevant authorities having jurisdiction over each respective party hereof without limitation to orders, rulings, statutory provisions.
2. AGENT WARRANTIES
The Agent hereby represents and warrants:-
(i) that all information provided on this website is true, complete and accurate and not misleading in any respect;
(ii) to adhere and comply with the Company’s instruction and request;
(iii) to promptly pay all applicable payments required to be paid in accordance with the provisions of these terms & conditions
(iv) to seek all necessary advice from the Company without delay for any actions to be taken and shall not act without such prior consultation and/or not in accordance to the Company’s recommendation;
(v) to act in a professional manner with due care and diligence with customers;
(vi) to adhere to the Company’s advice, recommendation, handbook, and/or guidelines including any updated or amended version of the same from time to time;
(vii) to act with the highest standards of honesty, fairness, and integrity in all communications, dealings, activities, or relationships in respect of these terms & conditions;
(viii) to permit the Company to access the Agent’s business premises at any time for onsite supervisory or to inspect the conditions or operation of the Agent’s business or warehousing and the Company may provide on-site instruction, correction, and/or recommendation for improvement purposes;
The Company makes no representation or warranty with respect to any results obtainable through the appointment hereof or any implied warranties that the Products are fit for a particular purpose.
1) The Agent hereby agrees to indemnify and shall keep the Company fully indemnified from and against any liabilities, losses, damages suffered and/or incurred by Company (including legal fees and expenses) as a result of or in relation to any omission, negligence, default or breach by the Agent and/or its Related Party in performing its covenants, warranty, duties, and obligations or provisions of this terms & conditions.
2) The Agent further agrees and undertakes, at own costs and expenses, to render all necessary assistance or co-operation to the Company and/or to defend the Company from and against any litigation or prosecution proceedings without limitation to jointly appear with the Company in such proceedings or to file any relevant application with the Appropriate Authority for such purposes.
1) The Agent agrees that nothing in these terms & conditions will affect any rights, title, interests in, or ownership of the Intellectual Property rights and the Materials of the Company and the same shall be at all times owned by the Company. 2) The Agent shall not attempt, cause to or perform any actions to register or to infringe the Intellectual Property regardless that the said Intellectual Property in issue is non-registrable or yet to be registered.
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 your account anytime. Though we make a 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 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 email@example.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 canceled within 12 hours from the date order was placed if it has not shipped. No cancellations or 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 request 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.
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.
Unit 601, Block C, Pusat Dagangan Phileo Damansara 1, No.9, Jalan 16/11, Off Jalan Damansara, 46350 Petaling Jaya, Selangor, Malaysia.
Tel: (03)-7931 9998 All rights reserved by 98 Percent Sdn Bhd