MST Golf SDN. BHD.
Registration No. 198901011987
(“MST Golf”)
GENERAL TERMS AND CONDITIONS FOR WEBSITE USE AND ONLINE SALE
(“Terms and Conditions”)
Welcome to the MST Golf Online!
Please read through our Terms and Conditions carefully before placing your order.
All provision of information contained in the website www.mstgolf.com (“Website”), as well as MST Golf’s advertisements and sales through the Website, are subject to the Terms and Conditions unless otherwise explicitly stated. For the purpose of the Terms and Conditions:
- “Products” means items offered for sale or services made available by MST Golf from time to time via the Website;
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The words “we”, “us”, “our” and “MST Golf” refer to MST Golf Sdn. Bhd.; and
- The words “you” and “your” refer to MST Golf’s customers as well as users and/or visitors of the Website.
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Acceptance
- By accessing and/or using the Website, you agree to be bound by the Terms and Conditions. MST Golf may at any time modify any of the Terms and Conditions and such modification will supersede and replace any previous Terms and Conditions. The amended Terms and Conditions will be made available on the Website. Each time you access the Website, use the services offered via the Website, and/or purchase Products from the Website, you agree to be bound by the prevailing Terms and Conditions at the time of the access, use or purchase.
- By accessing and/or using the Website, you agree to be bound by the Terms and Conditions. MST Golf may at any time modify any of the Terms and Conditions and such modification will supersede and replace any previous Terms and Conditions. The amended Terms and Conditions will be made available on the Website. Each time you access the Website, use the services offered via the Website, and/or purchase Products from the Website, you agree to be bound by the prevailing Terms and Conditions at the time of the access, use or purchase.
- Content of the Website
- Whilst every effort is made to update the information provided on this Website on a regular basis, MST Golf makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the Website from time to time. MST Golf reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website and any information, data and/or content on the Website.
- Whilst every effort is made to update the information provided on this Website on a regular basis, MST Golf makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the Website from time to time. MST Golf reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website and any information, data and/or content on the Website.
- Login Credentials
- You must keep any username, password and/or other login credentials used on the Website (collectively, “Login Credentials”) confidential, ensure that they are not disclosed to any third party, and to immediately report any actual or potential unauthorized access to or use of your Login Credentials (“Compromised Login Credentials”). On receipt of such report, MST Golf reserves the right to reject any communication received from the Compromised Login Credentials, suspend the processing of any communications and orders from it that have not yet been executed, and immediately deactivate the Compromised Login Credentials. You shall be obliged to refrain from using the Compromised Login Credentials until such time as new Login Credentials have been provided to you by MST Golf. MST Golf may from time to time require you to change your Login Credentials, as the case may be, and you undertake to comply with such instruction immediately and without delay.
- You must keep any username, password and/or other login credentials used on the Website (collectively, “Login Credentials”) confidential, ensure that they are not disclosed to any third party, and to immediately report any actual or potential unauthorized access to or use of your Login Credentials (“Compromised Login Credentials”). On receipt of such report, MST Golf reserves the right to reject any communication received from the Compromised Login Credentials, suspend the processing of any communications and orders from it that have not yet been executed, and immediately deactivate the Compromised Login Credentials. You shall be obliged to refrain from using the Compromised Login Credentials until such time as new Login Credentials have been provided to you by MST Golf. MST Golf may from time to time require you to change your Login Credentials, as the case may be, and you undertake to comply with such instruction immediately and without delay.
- Verification
- You agree that all instructions, consents, orders and other communications which are purported to originate from you or a person who had the authority to act or operate on your behalf (collectively, "Originator"), which are sent to MST Golf electronically, and which may, as a result of interception, equipment malfunction, distortion of communication links or any other fault whatsoever on your part, be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the Originator in the form actually received by MST Golf and you will be bound by such instruction with no liability of whatever nature attaching to MST Golf in regard thereto.
- You waive any rights that you may have or obtain against MST Golf arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that MST Golf acts on your instructions/orders or instructions/orders which are purported to emanate from you and you indemnify MST Golf against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that MST Golf has acted on your instructions/orders or instructions/orders which are purported to emanate from you.
- Price, Orders, and Confirmation
- Prices and availability of the Products may be changed at any time without notice.
- The prices shown are only applicable to purchases made via the Website at the time you place your order. Special offers and promotions advertised in the press or other media may not apply to Website purchases unless so explicitly advertised. At any given time, MST Golf reserves the rights to exclude or limit the availability of any Products on the Website.
- All prices are correct at time of display. In the unlikely event of an administrative error resulting in an incorrect price being displayed, MST Golf will not be obligated to sell the Product at such erroneous price and we reserve the right to correct the price, in which case you will not be bound to continue with your purchase, and you may be asked (via email or other means of communication) to confirm if you wish to proceed at the corrected price.
- The advertising of the Products via the Website merely constitutes an invitation by MST Golf for you to make an offer to purchase the Products and we remain entitled to reject any order without assigning reasons.
- Once you have selected the Products you wish to purchase and submitted your order to MST Golf, you will be given the opportunity to review the proposed transaction and/or make any adjustments, before electing to whether withdraw from or proceed with the transaction. By clicking on the "Place Order" or such similar confirmation-of-purchase button during the checkout process, you are deemed to have submitted an offer to purchase the Products selected by you ("Order") and the Order cannot be withdrawn by you unless expressly agreed by MST Golf.
- MST Golf reserves the right to cancel the Order for any reason on notice to you. Receipt of a confirmation of the Order (which constitutes acceptance by MST Golf to process the Order) will be sent to you once we receive your Order. Although the Website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations.
- Please DO NOT resend your instruction (i.e. do not resubmit your Order) if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable to fulfil. Please note that a transaction will only be deemed concluded once the Products ordered have been delivered/collected in accordance with the selected delivery option or agreed process. Delivery times are estimates only and we are not liable for any late deliveries.
- A pre-order is not a completed or confirmed order. Although every effort will be made to source for the requested Product, we cannot guarantee the availability of any Product. We also reserve the right to decline any pre-order without reason. Once in receipt of a pre-order, we will reserve the Product for purchase by you subject to stock availability. Final pricing of pre-ordered Products may vary from the price displayed at the time the pre-order was placed. All pre-orders will be confirmed with you via phone, email, or other means of communication.
- A product request is not an Order. Although every effort will be made to source the requested Product, we cannot guarantee the availability or existence of any Product. We also reserve the right to decline any product request. Once in receipt of a product request, we will contact the relevant supplier to establish stock availability and pricing. All product requests will be confirmed with you via phone, email, or other means of communication.
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Any applications which you submit to us via the Website will be subject to our normal approval processes and procedures. We reserve the right to withhold approval at our sole discretion. We reserve the rights to verify the identity of any Website user and purchaser, as well as the details provided for payment purposes. This may require you to, among others, send us a copy of your documents, proof of residence, copy of front and back of your credit card, etc. Failure to do so may result in us cancelling the Order.
- Processing, Shipping & Delivery
- All Orders will be processed within the timeframe specified in our Shipping and Delivery Policy.
- If you require your purchased Product to be delivered to you, you will be required to specify the complete and correct delivery address, which must include a valid postcode, must not be a post office box, and must not be a courier/shipping forwarder. If the specified address does not satisfy these requirements, MST Golf reserves the right to cancel the Order without notice.
- Deliveries will only be done on business days, not on weekends or public holidays.
- For deliveries outside Malaysia, an additional delivery charge may apply, and a slightly longer delivery time should be expected. MST Golf will advise you on the additional delivery charges once we receive your confirmed Order. You shall bear all such additional delivery charges, which may include, among other things, sales tax, goods and services tax, customs duties, import tax, excise, and other similar taxes or fees that may be imposed by the destination country, province, state and local government. You shall also be responsible for assuring that your purchased Products can be lawfully imported and comply with all laws and regulations of the destination. Upon receiving notice of additional delivery charges, you will not be bound to continue with your Order, and we will only continue processing your Order once we receive an email from you confirming your acceptance of the additional delivery charges and that you wish to proceed with the Order. If within 2 days from our notice we do not receive such confirmation from you, your Order will be cancelled automatically.
- The display of a Product is not a guarantee that the Product is available. MST Golf will notify you should a Product that you ordered be unavailable for any reason.
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For more information on Shipping and Delivery, please click here.
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Payment
- We accept payment via an online payment gateway Goods will only be released once payment has been received by us in full.
- By selecting the “Place Order” button, you will be guided to the payment gateway page and you can complete your payment via a secured credit card transaction. Please take note that additional charges such as foreign exchange costs may be incurred if you are using a credit card issued outside Malaysia.
- Cooling Off Period and Returns
- Please refer to our Return Policy, which sets out our policy regarding returns of purchased Products. If you have effected payment prior to exercising your right to return the Product(s), MST Golf will refund you the full purchase price when the return is in line with our Returns Policy.
- For more information on Cooling Off Period and Returns, please click here.
- Privacy
- All personal information obtained by MST Golf by virtue of your use of the Website is protected as set out in our Privacy Policy. Further, the security processes and procedures used by MST Golf to protect information transmitted via the Website are also set out in the Privacy Policy.
- For more information on Privacy Policy, please click here.
- Copyright and Intellectual Property Rights
- Contents of the Website such as materials, texts, images, layouts, designs, and data (collectively "Materials") are copyrights and intellectual properties owned by MST Golf or alternatively, MST Golf is the lawful user thereof and the entire Materials is protected by both Malaysian and international intellectual property laws.
- Any unauthorized copying, reproduction, re-transmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such Materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights, save that you may use the Materials or any component thereof for your own personal and internal purposes and for the purposes of ordering Product(s) from MST Golf. You may not use the Materials for any commercial purpose whatsoever.
- The trademarks, names, logos and service marks displayed on this Website (collectively “Trademarks”) are registered and unregistered trademarks of MST Golf or our vendors. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without the prior written permission of MST Golf.
- External Links
- We have placed links on the Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, MST Golf cannot accept any liability in respect of the use of these websites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of third party websites or for the content of any third party websites.
- You may not link to the Website from other websites without the express prior written permission of MST Golf.
- Unlawful Use
- You shall not use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify MST Golf against any loss, liability, damage or expense of whatever nature which MST Golf or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any message or material as aforesaid.
- Disclaimer of Warranties and Limitation of Liability
- Save as set out in the Terms and Conditions, MST Golf makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the Website. All information, content, materials and Product(s) included on or otherwise made available to you through the Website are provided on "as is" and “as available” basis, unless otherwise specified in writing.
- To the full extent permissible by applicable law, MST Golf disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness of the Products for a particular purpose.
- While MST Golf strives to keep the Website safe and secure, MST Golf does not warrant that the Website (including all information, content, materials, and Product included on or otherwise made available to you through the Website), its servers, or emails sent from MST Golf are free of viruses or other harmful components.
- MST Golf and its directors, officers, employees, agents, licensors, and suppliers, shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and/or any information contained on or via the Website and/or your use of the Product(s).
- Without limiting the generality of the foregoing, neither MST Golf nor its directors, nor any party involved in creating, producing or delivering the Website, or any website linked to or from the Website, are liable for any failure and/or unavailability of the Website for any reason and/or the failure/delay by any third party service provider to render any services which are necessary to ensure the availability of the Website.
- Any services performances or delivery times stated by MST Golf in the contracts are approximate only and MST Golf shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response or delivery times.
- MST Golf’s total liability herein in respect of any and all claims for defective performance, breach of contract, tort (including, but not limited to, negligence), and any other damages or losses which may arise under the contract, shall not exceed the total price paid for the purchase of Product(s) under these Terms and Conditions.
- MST Golf does not provide any warranty for the Products. Any warranty in relation to the Products, if provided shall be from the manufacturer. For Products shipped internationally, manufacturer warranty may not be valid and manufacturer service options may not be available outside Malaysia. Product manuals, instructions and safety warnings may also not be in destination country’s languages and the Product (and accompanying material) may not be designated in accordance with the destination country’s standards, specifications, and labelling requirements.
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Effective from 1st April 2024, all warranty claims and repair services for Garmin products must be submitted through Garmin Malaysia’s website. MST Golf will no longer coordinate returns for Garmin products. Customers will benefit from a faster turnaround time by dealing directly with Garmin. Upon approval of the service request, Garmin will arrange collection from the customer, covering all delivery costs. For more details, refer to the Garmin Malaysia Online RMA Guideline and the FAQ on Door-to-Door Service.
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Indemnity
- You hereby agree to fully indemnify MST Golf or its directors, officers, employees, agents, licensors, and suppliers, from and against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to failure to observe the Terms and Conditions.
- You hereby agree to fully indemnify MST Golf or its directors, officers, employees, agents, licensors, and suppliers, from and against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to failure to observe the Terms and Conditions.
- Use of the Website
- By accessing the Website, you warrant and represent to MST Golf that you are legally entitled to do so and to purchase any of the Products. You also hereby affirm and acknowledge that you are at least 18 years of age and have legal right and ability to enter into this agreement with MST Golf and to use any debit or credit card or any other online payment gateway used to purchase the Product(s). You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. You expressly agree that your use of this Website is at your sole risk.
- By accessing the Website, you warrant and represent to MST Golf that you are legally entitled to do so and to purchase any of the Products. You also hereby affirm and acknowledge that you are at least 18 years of age and have legal right and ability to enter into this agreement with MST Golf and to use any debit or credit card or any other online payment gateway used to purchase the Product(s). You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. You expressly agree that your use of this Website is at your sole risk.
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Termination
- MST Golf reserves the right, in its sole discretion at any time to suspend or terminate the operation of this Website without prior notice and without the assigning reasons for doing so.
- MST Golf reserves the right, in its sole discretion at any time to suspend or terminate the operation of this Website without prior notice and without the assigning reasons for doing so.
- Governing Law and Jurisdiction
- The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contact between MST Golf and you shall be made or conducted in the English language.
- The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contact between MST Golf and you shall be made or conducted in the English language.
- Severability
- All provisions of the Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of the Terms and Conditions which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, only to the extent that it is so unenforceable, be treated pro non scripto and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
- Waiver
- No indulgence or extension of time which either you or MST Golf may grant to the other with regards to the Terms and Conditions will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
- Assignment
- MST Golf shall be entitled to cede, assign and delegate all or any of its rights and obligations in the Terms and Conditions.
- Force Majeure
- Should MST Golf be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as MST Golf is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen (14) days after it has first occurred, then MST Golf shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of the Terms and Conditions.
- An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of MST Golf including, without limitation, any act of God, natural disasters, strike, theft, riots, explosion, insurrection, war (whether declared or not), military operations, the downtime of any external telecommunications line, power failure, international restrictions, any unforeseen requirements of any authority, any court order, export control and shortage of transport facilities.
- Risk of Loss
- All items purchased from MST Golf are made pursuant to a shipment contract. Risk in the goods will pass to you on delivery to you. Delivery is deemed to have taken place once a signature has been received accepting such delivery.
- Arbitration
- Any claim or dispute arising out of or relating to the Terms and Conditions with the use of the Website or to the Product(s) you purchase through the Website which cannot be resolved by good faith negotiations shall be referred to mediation or to confidential arbitration in Malaysia. Notwithstanding the foregoing, MST Golf reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. Such arbitration shall be conducted under the prevailing rules of Malaysian Institute of Arbitrators.
- Formation of Contract
- No contract shall come into existence until we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an Order more than once, you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and MST Golf on delivery/collection of the Product.
- No Resale
- You warrant that all Products purchased by you are for personal use only and not for re-sale purposes.
- Enquiries and Complaints
- If you have any questions, feedbacks or complaint about the Website or the Terms and Conditions, please contact us via the following:
E-Commerce Division
MST Golf Sdn. Bhd. 198901011987
MST Golf Plaza No. 8 Jalan SS13/5,
47500 Subang Jaya, Selangor.
Tel: +603 5566 8666
Fax: +603 5566 8667
Email: Fill in and submit the form in Contact Us