Terms and Conditions
These Terms of Use describe the terms and conditions applicable to your access and use of the website at www.nesh.com.my a “Site”. This document is a legally binding agreement between you as the user(s) of the Site (referred to as “User” hereinafter) and the nesh.com.my entity (referred to as “we”, “our” or “Nesh” hereinafter).
Nesh is a registered trademark wholly owned by Nesh Marketing Sdn Bhd.
Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by authorised payment gateway on behalf of Nesh MarketingSdnBhd, depending on the type of payment method used for the purchase of the goods and/or services.
Application and Acceptance of the Terms
1. Your use of the Site and Nesh.com’s services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document and any other rules and policies of the Site that Nesh may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
2. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Nesh.
3. You acknowledge and agree that Nesh may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
4. If Nesh has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
5. You may be required to enter into a separate agreement, whether online or offline, with Nesh for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
6. The Terms may not otherwise be modified except in writing by an authorised officer of Nesh.
Usage of Nesh User Account
A. Performing a transaction.
1. All product delivery to buyers will be arranged upon deduction of the product cost and shipping fees from the user account. User must ensure there is sufficient credit balance in the User account to perform the transaction.
2. User agrees that User account credit top up can ONLY be performed through online banking or credit card payment through payment gateway in the Site. Nesh do not have other mode of payment facilities such as cash payment, payment upon delivery.
3. User must ensure delivery addresses are correct before submitting the order. Any cost incurred on wrong delivery due wrong address shall be borne by the User.
B. Product Delivery
1. Product orders from User submitted before 12pm shall be packed and ready for delivery on the same day. In such cases, and if the destination is located in Malaysian major cities, the parcel is estimated to arrive within 48 hours unless stated otherwise in the product description page. However, there may be unforeseen circumstances which may delay the product delivery.
G. Limitation of Liability
1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY NESH ON OR THROUGH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND NESH HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NESH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; NESH DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND NESH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.?
3. Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to Nesh’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Nesh or through or from the Site shall create any warranty not expressly stated herein.
4. Each User hereby further agrees to indemnify and save Nesh, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Nesh is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Nesh reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Nesh in asserting any available defences.
5. Nesh shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
– the use or the inability to use the Site or Services;
– any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
– unauthorised access by third parties to data or private information of any User;
– statements or conduct of any User of the Site; or;
– any matters relating to Services however arising, including negligence.
6. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Nesh has been advised of or should have been aware of the possibility of any such losses arising.?
G. Force Majeure
1. Under no circumstances shall Nesh be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
H. Intellectual Property Rights
1. Nesh is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Nesh, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Nesh are hereby reserved.
2. “Nesh” and related icons and logos are registered trademarks or trademarks or service marks of Nesh,
3. Nesh may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.