TERMS AND CONDITIONS
The following SmartSub by CompAsia (“SmartSub”) Terms and Conditions (“Terms”) between you (“you” or “your”) and CompAsia Sdn Bhd (“CompAsia”) describe the terms and conditions on which you may access and use the website located at smartsub.compasia.com (the “Site”), and subscribe to the related services (together with the Site and the Content, as defined below, the “Services”). CompAsia aims to offer you a variety of subscription plans (“Subscription Plan”, see Schedule A), each with multiple branded certified pre-owned smartphone options for your rental, and expert advice to assist you to decide which Subscription Plan fits you. When you subscribe to a Subscription Plan, you will receive one (1) smartphone (“Product”) from CompAsia, which you may use for the duration of your subscription. By accessing or using any of the Services and/or subscribing to a Subscription Plan, you acknowledge that you have read, understood and agreed to be bound by the Terms.
PLEASE READ THE TERMS CAREFULLY. THE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THE TERMS.
1. ABOUT THE SERVICES
(A) Mobile Charges
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
The Services, Products and usage of the Site are only available to individuals who fulfill the following criteria:
- 20 years and above of age; and
- Malaysian citizen
(C) Modification Of The Services Or The Terms
CompAsia at its discretion may modify the Terms, suspend or discontinue the Services. However, CompAsia will use commercially reasonable efforts to notify you of material changes to the Terms by posting a notice on the Site and/or sending an e-mail to the e-mail address provided by you to CompAsia upon registration of the Services.
To learn more about our privacy practices, please read our Privacy Notice, which is available at Privacy Notice.
(A) General Conditions
The provisions below set out the Terms that apply to your subscription of the Product.
(I) 20 YEARS AND ABOVE. By using CompAsia’s Services and thus agreeing to the Terms, you represent that you are 20 years and above, a Malaysian citizen and that you are authorized to use the chosen payment method (including without limitation, credit and debit cards) for the purpose of subscribing to a Subscription Plan.
(II) LIMITS. You acknowledge and agree that CompAsia may place limits on the subscription to the Services, including but not limited to restricting swaps placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any subscription to the Services and/or swapping or replacing of a Product for any reason, including but not limited to availability concerns.
(III) DELIVERY. All deliveries will be through CompAsia’s shipping partners, which may change from time to time at CompAsia’s discretion. The shipping method used will be at the discretion of CompAsia. CompAsia will provide you with information about estimated delivery and arrival time of Product via e-mail. CompAsia professionally inspects, tests and grades each Product sent to you, but use of the Product is at your own risk and CompAsia shall not be held liable for any health-related complaints associated with any Product.
(IV) DEFAULT. If you fail, neglect to or refuse to pay any amount due to CompAsia or fail, neglect to or refuse to return the Product to CompAsia, legal recourse will be instituted against you to recover the amount and interest due where you will be liable for all the costs incurred by CompAsia, including without limitation to the solicitors' fees, authorised third party recovery agent’s fees as well as any other third party appointed by CompAsia for the purposes of recovery for the amount an interest due. You hereby consent to CompAsia to use an authorised third party agent for the purposes of recovery. You further acknowledge that CompAsia reserves the right to block the IMEI of the Product if you are suspected of fraud or found to have committed fraud or after signing up of the subscription, you fail to make any payment related to the Services and/or Product.
(I) RETURN PACKAGING AND ACCESSORIES. With delivery of the Product, CompAsia will provide you the following which are fully owned by CompAsia and should be returned with the Product upon termination or swap:
- CompAsia carrying case, box or mailing envelope (as the case may be) as well as instructions for your use in returning the Product to CompAsia (“Return Packaging”); and
- a Product charger adapter and cable.
You will be charged a fee of RM30 for failure to return item (a), and a fee of RM35 for failure to return item (b).
(II) RECEIPT OF THE PRODUCT. Upon delivery, you bear responsibility for the Product. You acknowledge that the given last known correspondence address is deemed to be a secured shipping address. In the event that an un-secured shipping address is provided, CompAsia does not bear liability for Product left unattended. Furthermore, you acknowledge that providing anything other than a secured shipping address may result in delivery delays and additional delivery fees for which CompAsia will not be liable. You will be liable for all such delays and additional delivery fees.
(III) USE OF THE PRODUCT. You agree to treat the Product with great care and use the Product in a careful and proper manner. You are responsible for loss, destruction or damage to the Product due to theft, disappearance, fire, major dents or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor scratches, cracks, or other minor damages to the Product, as deemed by CompAsia. You are responsible for using the Product with due care and ensuring that the Product will not be defaced, modified, or operated in any manner or for any purpose in violation of any Federal, State, or local law or regulation. You are also responsible for ensuring that the Product will not be used for any illegal or improper purpose.
(IV) DAMAGE TO PRODUCT. You agree that in the event of damage to the Product, you shall compensate CompAsia for the repair or replacement of the Product, (as quoted by CompAsia after assessing the damages), which will in any case not exceed the Product’s Retail Value Price (Schedule A). To protect you from high repair costs, your subscription includes free participation in our Device Protection Programme. If you qualify for a claim under the Device Protection Programme, you may be entitled to pay a reduced compensation amount (see Section 7).
(V) LOSS OF PRODUCT. You further agree that in the event of loss of Product (including but not limited to theft or accidental misplacement/disappearance), you shall compensate CompAsia for the amount being the Product’s Retail Value Price (Schedule A).
(I) SUBSCRIPTION. When you subscribe to one of our Subscription Plans (Schedule A), you will be entitled to rent up to one (1) Product at any time from a range of products designated on the site for your Subscription Plan. Subject to your compliance with these Terms (including payment of fees) and CompAsia’s right to terminate the subscription, CompAsia does not impose any limitations on the time period during which you may keep any Product we have sent to you.
(II) FEES AND AUTHORIZATION. Upon subscription to a Subscription Plan, CompAsia will charge you 1 (one) month’s Subscription Fee (see Schedule A) that will be automatically renewed and you will be billed every calendar month at the then current fee to your payment method. You will also be charged a refundable Deposit (see Schedule A) based on the Subscription Plan chosen. You hereby authorise CompAsia or our third party payment processor to charge your payment card for the applicable Subscription Fee on a monthly basis until you terminate the subscription and its Services.
The Subscription Fee includes shipping and participation in our Device Protection Programme, covering Accidental and Liquid Damage (See Section 7 (D) for details). Upon approval of your application for the subscription of the Services, you will be required to sign and return to CompAsia ANNEXURE A to confirm your personal and subscription details. ANNEXURE A is to be read and construed with the Terms.
(III) SWAP. You may submit an e-mail to email@example.com to request a swap for a different Product offered within your current Subscription Plan. You may request for a swap at any time, provided you have not had a successful swap done less than three (3) months prior to the request, and have a minimum subscription period of three (3) months. You will be charged an administration fee of RM50.00 per swap request. Upon approval of your swap application, CompAsia will notify you via e-mail the particulars/information relating to the swapped Product which to the extent of changes and modifications will take prevalence over ANNEXURE A. CompAsia will contact you to arrange a pick-up of your current Product as well as the delivery of the swapped Product. The swapped Product will only be delivered to you after your current Product is returned to CompAsia and has been assessed to be in good working condition.
(IV) CHANGE OF SUBSCRIPTION PLAN. You may submit an e-mail to firstname.lastname@example.org to request a change of Subscription Plan. Upon approval of your change of Subscription Plan application, you will be required to swap your current Product (which was from your previous Subscription Plan) to a Product (which is from your new Subscription Plan). CompAsia will notify you via e-mail the particulars/information relating to the swapped Product which to the extent of changes and modifications will take prevalence over ANNEXURE A. CompAsia will contact you to arrange for a pick-up of your current Product as well as the delivery of the swapped Product. The swapped Product will only be delivered to you after your current Product is returned to CompAsia and has been assessed to be in good working condition.
You will be billed based on the original Subscription Fee until the swapped Product is delivered to you. Upon delivery of the swapped Product, you will be billed based on the new Subscription Fee. There are no refunds to the pre-paid Subscription Fee.
(V) TERMINATION OF YOUR SUBSCRIPTION. You may submit an e-mail to email@example.com to terminate your subscription. CompAsia will contact you to arrange for pick-up of your current Product. You must return your current Product before the end of your current billing period to avoid additional fees. If CompAsia does not receive your current Product by the end of your billing period, CompAsia will continue to charge you the monthly Subscription Fee of the Product. Your deposit will be fully refunded within thirty (30) days, subject to the conditions as stated in Section 2. Products (B). You will not be entitled to any refund of paid Subscription Fees.
(VI) RETURNS. With each shipment of Product sent to you, CompAsia will include one Return Packaging (being CompAsia box – as defined in section 2(B)), f you can use to return the Product that is currently with you. In the case of a swap, CompAsia will use reasonable efforts to deliver to you the swapped Product promptly upon processing the returned Product, but you acknowledge that as a result of processing and delivery, there will be a delay between the return of Product and receipt of a swapped Product. You agree to return the Product using the Return Packaging, including the CompAsia box (as defined in Section 2(B)).
(VII) FAILURE TO RETURN PRODUCT. Upon termination, you will not be eligible to receive any additional Product. You may continue to keep the Product that you have already received as long as you are still under the subscription period. However, upon termination of the subscription, you must return all Product and Return Packaging to CompAsia on or before the last day of the applicable subscription. Should the Product not be returned to CompAsia after the termination period, CompAsia reserves the right to charge you the monthly Subscription Fee until the Product is returned to CompAsia and you will not be entitled to any refund of Subscription Fee.
(VIII) CHANGES TO AND TERMINATION OF SUBSCRIPTION. As subscription is a beta program, we reserve the right to modify (including the Subscription Fee) or terminate your subscription at our sole discretion, and you will be required to return any Product that you have to us. If we terminate your subscription, we will at our sole discretion, either (a) give a prorated refund for the remainder of your current applicable subscription, or (b) grant you continued access for the remainder of that applicable period, in accordance with the Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access for the remainder of that applicable period of your subscription, you will continue to have access during that period, except that you will not be entitled to swap or change your Subscription Plan during the period. Prior to the expiration of that period, if we do not provide you with continued access, immediately upon our termination of your subscription, you must return to CompAsia all Products that you have received.
(A) COMPASIA Content
(I) CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, photos and comments from other users (“CompAsia Content”) is available to you on an “as is” basis and is to be used for general information purposes only. The CompAsia Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any CompAsia Content as a substitute for consultation with professional advisors. As used in the Terms, the Services include the CompAsia Content.
(II) UPDATES. CompAsia may update the CompAsia Content, including Product and Subscription Plan descriptions and specifications, as CompAsia deems appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to firstname.lastname@example.org. CompAsia takes your questions and requests for information seriously, and will use reasonable efforts to respond in a timely manner. However, CompAsia cannot guarantee a prompt response in all cases.
(B) Third Party Content
(I) LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-CompAsia websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and CompAsia is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from CompAsia, and CompAsia has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that CompAsia endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
(C) Acceptable Use Policy
(I) USE OF COMPASIA CONTENT. No part of the Services, including the CompAsia Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that CompAsia authorizes you to view, copy, download, and print CompAsia Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the CompAsia Content solely for your personal, non-commercial, informational purposes; (b) you do not modify the CompAsia Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the CompAsia Content.
(II) USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which CompAsia considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a CompAsia representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 14 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
(III) INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend CompAsia and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, solicitors' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of the Terms.
(D) Your Content
If you post, upload or make available to CompAsia or the Services, or otherwise submit to or through CompAsia as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to CompAsia a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in e-mail and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise CompAsia to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
(E) Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify CompAsia promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the CompAsia Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
5. INTELLECTUAL PROPERTY
(A) Ownership Of The Services
The Services, including the CompAsia Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of CompAsia and its affiliates and licensors, and are protected from unauthorized copying and dissemination by Malaysia copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “CompAsia” and the logo are registered trademarks of CompAsia Sdn Bhd., under the applicable laws of the Malaysia and/or other countries. Other CompAsia product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of CompAsia and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. CompAsia and its affiliates and licensors reserve all rights in and to the Services not granted expressly in the Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any CompAsia Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of CompAsia or such third party that may own such CompAsia Content.
(B) Services License
Subject to your compliance with the Terms, CompAsia grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that CompAsia may use your Feedback without restriction or obligation to you or any third party.
(D) Notice And Take Down Procedures; Copyright Agent
If you believe any CompAsia Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting CompAsia's copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
Regarding any copyright issues relating to the Services, you may contact us at email@example.com.
In an effort to protect the rights of copyright owners, CompAsia maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
(A) Termination By You
You may deactivate your account and discontinue your use of the Product and Services at any time. In order to deactivate your account, please contact us at firstname.lastname@example.org. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
(B) Termination By COMPASIA
Any violation of the Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. CompAsia may also terminate your account if CompAsia determines that your conduct poses a risk or liability to CompAsia, or for any other reason as determined by CompAsia in its sole discretion.
(C) Effects Of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Default), 2(B) (Loss of Product), 4(A)-(D), 5(A), 5(D), 6(C), and 7-9.
7. DEVICE PROTECTION PROGRAMME: LIMITATION OF LIABILITY
(A) Device Protection Programme
Participation in our Device Protection Programme is included in your monthly Subscription Fees. It applies only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by CompAsia in connection with the Services or Product. The Device Protection Programme shall not apply to any matters arising from your violation of the Terms. The Device Protection Programme aims to protect you from the high costs of repairs or replacement due to accidental damage during use. In the event that your Product is accidentally damaged by you (“Incident”), you may file a claim under the Device Protection Program. If the claim is approved by CompAsia, you will be entitled to the Remedies (see Section 7(C)).
(B) Procedure for Claim
Standard Procedure for Claim:
- You must notify CompAsia by submitting an e-mail to email@example.com within a period of seven (7) working days from the occurrence of the Incident.
- You will be requested to complete the letter of claim and provide documents to support your claim.
- You must also provide other information that we may need in addition.
- You must fill out and return the documents required including but not limited to the claim form, Police report, lawsuit, notification, and other documents as requested by CompAsia.
- The claim form and supporting documents must be returned to CompAsia within a period of 30 (thirty) calendar days from the first notification of claim received by CompAsia.
- You must either send the Product to CompAsia in the Return Packaging that was delivered to you through a courier service or CompAsia will arrange the collection of the Product from you.
- Your Product will be diagnosed by CompAsia, and the Incident would be classified by CompAsia to be a minor accidental damage, a major accidental damage or not eligible for claim. If the Incident is classified as a minor accidental damage, a Minor Accidental Damage Fee (Schedule A) would be charged to you. If the Incident is classified as a major accidental damage, a Major Accidental Damage Fee (Schedule A) would be charged to you.
- CompAsia will proceed with your claim request if:
- No more than two (2) claims have been made by you within twelve (12) months from your subscription start date; or
- If your subscription start date is more than twelve (12) months ago, no more than two (2) claims have been made by you within twelve (12) months from your last Subscription Anniversary Date (being the anniversary of the subscription start date in each subsequent year).
- All outstanding fees or charges (including the Minor Accidental Damage Fee or Major Accidental Damage Fee) have been settled.
- To qualify for a claim under the Device Protection Programme, in the event of an Incident, you must not:
- Repair the Product by yourself; and/or
- Use any repair service not authorized by CompAsia to repair the Product
The Device Protection Programme shall automatically be void, whether before or after the loss, if you deliberately conceal or provide false statements, commit misrepresentation regarding material fact or any other condition with regard to this Device Protection Programme or provide incorrect information to CompAsia.
If your claim is approved by CompAsia, CompAsia upon its discretion may opt to repair your Product, replace your Product or waive your Subscription Fee, details as follows:
- Repair Product
CompAsia may repair your Product with parts from a different manufacturer which may or may not be identical to the original Product part, but shall still have value and technical specification comparable to the original Product part.
2. Replace Product
CompAsia may replace the original Product. The replaced Product may constitute a unit of a different model, from a different manufacturer and/or not identical to the original Product, but it shall still have value and technical specification comparable to the original Product. It shall constitute CompAsia’s full authority to provide replacement services whether in the form of new or renewed Product. There is no assurance, representation or warranty that any replacement equipment will be identical or offer the same functionalities or colour as the item being replaced. Replacement equipment may at CompAsia’s sole discretion be new, pre-owned, remanufactured or refurbished.
3. Waive Subscription Fee
In any case where CompAsia is not able to repair or replace your Product within twenty one (21) calendar days, CompAsia at its own discretion may choose to waive your Subscription Fee until the repaired or replaced Product is delivered to you by CompAsia’s courier services or your subscription is terminated.
(D) Scope of Coverage
(I) Accidental and Liquid Damage
Coverage shall be applicable throughout the territory of Malaysia. However, the coverage shall remain effective if you are travelling abroad, as long as the duration of such travel does not exceed sixty (60) days.
The Device Protection Programme does not cover the loss of Product for any reason including theft or accidental misplacement/disappearance.
It also shall not be applicable if the Product is damaged as a result of any of the following:
- Any dishonest act, crime, fraud, or negligence, major offense, or misconduct committed deliberately by you or any individual having access to the Product;
- Any process of cleaning, repair, maintenance, adjustment that initiated by you or misuse of Product;
- Any natural disaster, atmospheric or climate conditions, or fire
- Any fair wear and tear, factory defect, termites, or insects;
- Misuse of SIM card with the Product;
- Civil War or War with foreign parties, invasion, strike, riots, rebellion, civil unrest, terrorism, or confiscation, seizure or destruction by order of governmental authority;
- Failure of Product or any of its parts due to electrical or mechanical defect;
- Nuclear reaction or radiation, radioactive contamination biological, or chemical exposure;
- The Product being left in places in which such Product is put in an open space, inside a vehicle, building, or any public places without your supervision;
The Device Protection Programme does not cover the below:
- Any damage to accessories or any consumable part related to the operation of Product including but not limited to hands-free equipment, charger, bezel, battery, additional card, and any other accessories which are secondary for Product;
- Any damage to the joints of Product used to open and close parts of Product;
- Any financial loss that you suffered during or after Accidental and Liquid Damage into Product;
- Any damage to the software and operation system of the device and the contents stored in the storage media.
8. GOVERNING LAWS AND SUBMISSION TO JURISDICTION
(A) Informal Process
You agree that in the event of any dispute between you and CompAsia, you will first contact CompAsia and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
(B) Legal Recourse
- If a dispute arises out of or relates to this Agreement, or the breach, termination, validity of this agreement, or as to any claim in tort, in equity or pursuant to any domestic or international statute or law, the parties hereto agree to first meet in good faith in order to resolve the dispute amicably and/or;
- In the event an amicable settlement failed to be concluded between the Parties, such dispute, controversy or claim shall be settled or brought and governed in accordance with the laws of Malaysia.
(I) OWNERSHIP. You accept and acknowledge that the Product title and/or ownership do not belong to you. The Product is provided under subscription to you and you are accountable for the use and safety of the Product. Nothing in these Terms shall be construed as transferring the title or ownership of the Product to you. You shall not directly or indirectly give or allow another person to give any interest in or lien over the Product.
(II) JURISDICTIONAL ISSUES. CompAsia makes no representation that the Services are appropriate or available for use outside Malaysia. Those who choose to access the Services or any part thereof from outside Malaysia do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that CompAsia intends to announce or make available such products or services to the general public, or in your country. Contact CompAsia at firstname.lastname@example.org to determine which products and services may be available to you.
(III) EXPORT LAWS. The laws of Malaysia prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the CompAsia Content, or any part thereof, in any way, in violation of Malaysia law.
(IV) GOVERNING LAW AND VENUE. The Terms are governed and interpreted pursuant to the laws of Malaysia, notwithstanding any principles of conflicts of law. Any disputes in connection with the Terms that result in court action, in accordance with the Terms, will be resolved exclusively by a court located in Malaysia, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
(V) ENTIRE AGREEMENT. The Terms are the entire agreement between you and CompAsia relating to the subject matter herein and shall not be modified except by CompAsia in accordance with the Terms, or as otherwise agreed in writing by you and CompAsia. No employee, agent or other representative of CompAsia has any authority to bind CompAsia with respect to any statement, representation, warranty or other expression not specifically set forth in the Terms.
(VI) SEVERABILITY AND WAIVER. If any part of the Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms or any provision of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
(VII) ASSIGNMENT. You may not assign or transfer the Terms or any of your rights or obligations under the Terms. CompAsia may assign the Terms at any time without notice to you.
(VIII) FORCE MAJEURE. CompAsia will not be liable for, or be considered to be in breach of the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond CompAsia's reasonable control.
(IX) CONTACT INFORMATION. Please send any questions or comments, or report violations of the Terms, to CompAsia at email@example.com.