1.1. “Contract”, “Agreement” & “Terms and Conditions” refers to agreement for the purchase and sale of Goods & Products.
1.2. “Customer” pertains to the individual or entity that accepts a quotation or sales offer from the Seller for the sale of goods or whose order for goods is accepted by the Seller.
1.3. “Goods” & “Products” encompasses the items, products, merchandise, and any associated parts supplied by Thunder Match Technology Sdn. Bhd. (referred to as “TMT”) under these Terms and Conditions.
1.4. “TMT” stands for Thunder Match Technology Sdn. Bhd., presently located at H-G-5 & H-G-6, Lorong Mahir 9, Connaught Avenue, Taman Bukit Cheras, 56000 Kuala Lumpur, trading under the name “TMT”.
2. Agreement and Consent to Terms & Conditions
2.1. The terms and conditions detailed in this agreement, in conjunction with TMT official invoice (the “Invoice”) and quotation (the “Quotation”), collectively constitute the entire agreement between TMT and the Customer, and supersedes any prior agreements, understandings, assurances, or representations whether written or verbal. Any terms or conditions implied by law that are applicable to TMT are excluded, except as provided by common sense or equity. No variations to these terms and conditions will be effective unless expressly agreed in writing and signed by TMT.
3.1. TMT reserves the right to amend, modify, or update these Terms & Conditions at its sole discretion without prior notice.
3.2. Any changes to these Terms and Conditions will become effective immediately upon posting on TMT’s designated communication channels.
3.3. It is the responsibility of the Customer to review these Terms and Conditions periodically for any updates or amendments.
3.4. By continuing to engage in business with TMT after any modifications to the Terms and Conditions have been posted, the Customer acknowledges and agrees to abide by the revised Terms and Conditions.
3.5. TMT reserves the right to amend, cancel, terminate, suspend, shorten, or extend the campaign without prior notice.
3.6. TMT is not responsible for any typographical on pricing specifications on any display method whether online or offline, including but not limited to flyers, visuals, or catalogues.
4.1. The contract price for the product(s) is stated in the Invoice/Quotation. Any Goods and Services Tax (GST) or Sales Services Tax (SST) (if applicable) will be borne by the Customer. All payments must be made in Ringgit Malaysia (RM) as specified in the invoice with payment methods accepted by TMT.
4.2. The eligible payments for demo clearance units are one-off payments via cash, debit card, credit card, or selected e-wallets only subjected to payment availability in store.
4.3. TMT reserves the right to take appropriate legal actions to recover any unpaid amounts and may consider the transaction null and void if payment is made to an unauthorized account. The customer shall indemnify and hold TMT harmless from any losses, claims, or damages arising from non-compliance with these terms.
5.1. Property and title in the goods remain with TMT until full payment for the goods is received in cash or via cleared funds.
6.1. This voucher is only valid at Acer Concept Store @ Pavilion Bukit Jalil, and any TMT outlets across Malaysia.
6.2. This voucher is only valid from 15 December 2023 to 31 December 2023
6.3. The voucher can only be used for selected Acer products that are entitled and associated with the deposit made during the ESL One event 2023.
6.4. Deposit slip must be presented in accordance to use this voucher.
6.5. The voucher is non-transferable, exchangeable, or refundable and cannot be exchanged for cash or other products.
6.6. In the event that the value of the voucher used in a single transaction does not cover the full cost of the goods or services purchased at the participating outlet, the balance must be paid by the voucher holder.
6.7. In the event that the value of the voucher used in a single transaction exceeds the full cost of the goods or services purchased at the participating outlet, any remaining amount will be forfeited and not refunded.
6.8. TMT shall not be held responsible or liable for any claims of loss or damage to property or personal injury, or loss of life by the Customers, and/or any party resulting from or arising out of or in connection with this campaign & agreement.
7.1. TMT may collect, process, and store personal information about the Customer in compliance with applicable data protection laws. The Customer's information will be used solely for the purpose of the transaction and may be shared with third-party service providers or partners as necessary.
7.2. By engaging in business with TMT, the Customer consent to and expressly authorise collection, receipt, use, retention, and transfer, in electronic or other form, of their personal data by TMT.
7.3. The collected data will be utilised by TMT for one or more of the following purposes: provision of products and services, internal record and marketing, fraud prevention and security, compliance purposes and other related purposes. For more details regarding TMT's Privacy Policy, please visit https://www.tmt.my/pages/pdpa
8.1. Any intellectual property rights, including but not limited to patents, copyrights, trademarks, or trade secrets related to the Product(s), designs, or documentation remain the exclusive property of TMT or the respective product manufacturer.
9.1. In no event shall TMT, its directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, or data, whether incurred directly or indirectly, or any loss of use, goodwill, or other intangible losses, arising out of or in connection with any products or services purchased at TMT outlets or sales channels, even if TMT has been advised of the possibility of such damages.
9.2. Any liability for breach of condition or warranty, whether implied by law or otherwise, is limited to repair, replacement, or cost reimbursement as stated in applicable laws. The customer shall indemnify and hold TMT harmless from any losses, claims, or damages arising from non-compliance with these terms.
9.3. TMT's total liability for any claims related to its products or services shall not exceed the total amount paid by the Customer for the specific product or service giving rise to the claim.
10.1. The Customer shall comply, and/or shall procure or ensure that its directors, employees, subcontractors, agents or other third parties, comply with all applicable anti-corruption laws and regulations and any relevant anti-corruption policies and documents provided by TMT and have in place adequate controls and procedures to prevent corruption.
10.2. In the event of a breach by the Customer, TMT shall be fully entitled to terminate the Contract without any liability howsoever with written notice with immediate effect. The Customer shall hold TMT harmless from any cost, expenses, claim, liability, fine or penalty, as a result of any breach of this clause by the Customer, its directors, employees, subcontractors, agents, and/or anyone in connection with the Customer.
11.1. TMT is not liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to:
11.1.1. Natural disasters or acts of god
11.1.2. War, invasion, acts of foreign enemies, hostilities (whether declared or not), mutiny, insurrection, rebellion, revolution, conspiracy, military or usurped power, martial law, state of siege, seizure, confiscation, requisition, nationalization, destruction, or damage ordered by any government or public authority, as well as risks related to contraband or illegal transportation and trade
11.1.3. Acts of criminal breach of trust or act of cheating by any entity set out in the Penal Code
11.1.4. Acts of terrorism
11.1.5. Communicable Diseases or the fear or threat of any Communicable Diseases
12.1. The laws of Malaysia shall govern the interpretation of these Conditions and any Contracts.
12.2. The Customer agrees that the courts of Malaysia have jurisdiction to settle any claims or disputes arising from these Conditions or any Contracts.
12.3. Any disputes arising from the application of these Terms and Conditions shall be resolved through negotiation and mediation. If mediation is unsuccessful, both parties agree to submit to the exclusive jurisdiction of the courts in Malaysia. The costs and fees associated with any dispute resolution, including but not limited to legal fees, mediation costs, and court-related expenses, shall be borne by the Customer and are not the responsibility of TMT.
13.1. The failure by TMT to enforce any of these Terms and Conditions shall not be considered a waiver of its right to enforce any other term or conditions in the future.
13.2. If any provision in these Terms and Conditions is determined to be invalid or unenforceable by a court of law, such term shall be deleted, and the relevant Contract shall remain in full force and effect. TMT and the Customer will negotiate in good faith to agree on mutually acceptable alternative provisions to replace the deleted clause.
14.1. Any advice or actions of TMT’s staff that contradict these terms & conditions shall not alter the terms and conditions herein.
15.1. All decisions by TMT in regard to this Agreement program are final, conclusive, and binding.