METRONIC INTEGRATED MARKETPLACE TERMS AND CONDITIONS OF USE
(English Version 1.1 3rd January 2023)

INTRODUCTION

â–º   Welcome to Metronic Marketplace (the "Site"). Before using this Site or creating a Metronic account ("Account"/"User"), please read the following Terms of Service carefully to understand your legal rights and obligations with respect to Metronic Integrated System Sdn Bhd [Company Registration No. 202001028932 (13855252-X)].  MISSB is a wholly owned subsidiary by Metronic Global Berhad (individually and collectively, "Metronic Global Berhad", "Metronic", "Metronic Global", "Company", "we", "us" or "our"). 

â–º   The "Services" we offer or make available are (a) the Site, (b) the services offered by the Site and by Metronic client software made accessible through the Site, and (c) all information, including but not limited to: linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, and application services (Android/iOS) or other content made accessible through the website or services it offers ("Content"). These Terms of Service also apply to any new features that are added to or enhanced the Services. Your usage of Metronic's services is governed by these terms of service.

â–º   The Services comprise an online platform service that gives the customer (referred to as "Buyer") and seller (referred to as "Seller") (collectively "you," "Users," or "Parties") a location and opportunity for the sale of products. Metronic is not a party to this or any other transaction between Buyer and Seller and undertakes no duties in connection with any such contract since the real contract for sale is made exclusively between Buyer and Seller. The parties to this transaction shall be solely responsible for their sales agreement, product listing, purchase warranty, and other related matters. In the user-to-user transaction, Metronic is not directly involve. Metronic may or may not pre-screen users, content, or data that users provide. Metronic is entitled to take down any Content or information that you put on the Site. Metronic cannot guarantee that Users will finish a transaction.

â–º   Without giving you any prior notice, we retain the right to change, add, or remove any of the Terms and Conditions at any time. As soon as they are uploaded on this Metronic website, the modifications, additions, and deletions will be enforced instantly. As a result, we urge and highly recommend that You frequently review the Terms and Conditions, especially each time before beginning a buying or selling experience with us.

 

ACCOUNT REGISTRATION

â–º   To purchase items from Metronic, you must be at least 18 years old. A legitimate online banking account with a Malaysian bank or financial institution in your name, a valid debit or credit card issued by a Malaysian bank or financial institution, or another accepted payment method must be available for purchases.

â–º   Any purchases made by users under the age of 18 must only be made with their parent or legal guardian's consent.

1.0   Personal Data

â–º   You will need to enter your name, a working mobile phone number, a working email address, and other personal information in order to register on Metronic Marketplace.
â–º   Multiple user accounts are not permitted since this would be considered an abuse of the Metronic website.
â–º   We value your privacy and abide by all applicable laws and rules pertaining to the protection of personal information in Malaysia. For additional details, please see our Data Protection and Privacy Policy agreement shown on the website that can be found at the bottom of the page. 

1.1   Registering your Member Account

â–º   You must first establish a Member Account in order to submit an offer to buy or sell any items on Metronic. By doing this, Metronic will save and keep track of your legitimate Login ID and Password.
â–º   Once you become a Member, you won't need to register again every time you want to use Metronic and may access Metronic by logging into the site or the application (Android/iOS) for your individual purchasing requirements.
 

1.2   Login ID and Password Security

â–º   Users are responsible for the safekeeping of their own Login ID and Password and must not disclose it to any third party.
â–º   Once a user keys in a Login ID and Password which matches those which have been registered and approved by User, it will be deemed that access has been requested by the said User. 
â–º   Metronic will not be held liable for any loss, damage, cost or expense arising from the unauthorised use of any Login ID and Password of any User by any party and for any reason whatsoever. 
â–º   Users are also encouraged to change the Login ID and Password on a periodic basis.

1.3   Account Refusal and Termination

â–º   Any individual judged ineligible, who has abused Metronic Marketplace, whose membership has already been cancelled, or who is suspected of being dishonest or negligent may have their User Account refused or cancelled at Metronic's sole and absolute discretion.

 

PURCHASING OF ITEMS

2.0   Purchase Process

â–º   Upon receiving an Order/Enquiry from You on Metronic website/marketplace, kindly allow up to 1 - 3 business days for the team to confirm the pricing and availability of the product with our suppliers/manufacturer.
â–º   After which, You will receive a confirmation email which requires you to acknowledge the new price or any additional items including but not limited to: pricing updates, service, maintenance and installation. 
â–º   The Confirmation Order does not place any obligation on You to pay for the order until it has been confirmed on your side of the customer portal.
â–º   Once you have confirmed the order, a Pro-Forma Invoice will be generated with the account number to make the payment. Alternatively, you may also make the payment using the payment gateway intergrated on our website. 
â–º   Please note that the Pro - Forma Invoice generated will be from Metronic Engineering Sdn Bhd. If you wish to double confirm before making the payment, you may send an email to metronic@metronic-group.com
â–º   Upon successful payment, kindly include the transaction receipt of the payment showing both your company name or your name (whichever is relevant) and date stating that the payment has been made to Metronic. 

2.1   Verification of Order

â–º   During the verification process and prior to the Company’s acceptance of your Order: 

2.1.1    the Company reserves the right to refuse to process the Order, partially fulfil the Order, reject the Order or limit the quantities of the Order without the requirement to provide any reasons;
2.1.2    the Company reserves the right to request for further information for verification purposes; and
2.1.3    the Customer reserves the right to amend or cancel the Order.

 

2.2 Product Lead Time

â–º   Please that due to the nature of the business, the lead time of the product takes between 1 - 2 business weeks after the payment has been received.

â–º    The lead time can be affected due to multiple reasons, including but not limited to: availability of the product, production line, supply chain distruption, delivery and etc.  

â–º     If you wish to have further clarification about the lead time of your order, you are welcome to send us an email at metronic@metronic-group.com  

 

 

CANCELLATION OF ORDER   

 

Rejection of Order by Metronic

â–º   There may be various reasons where an enquiry or order cannot be accepted by the Company including but not limited to: out of stock, not in production or for other unavoidable reasons or change in circumstances, you will be notified through the confirmation order that you will receive after the Company has verified details of your order internally within the Company. 

Cancellation by Customer

â–º   After you have submitted your order/enquiry on the Site, it is not possible for You to amend or cancel it. 

â–º   If you wish to cancel your order, please email us at metronic@metronic-group.com  

PAYMENT METHOD

â–º   You can use one of the following methods to pay for your Order:
a)   Credit and debit cards - The Company only accepts MasterCard and VISA payments that have been issued by banks or other financial institutions with a Malaysian registered office.
b)   Payment using online banking (FPX) integrated into the website.

â–º   All Items must be purchased in full at the time of checkout. Upon approval of your Order, the money will be taken from your bank account, credit card account, or debit card account.

DELIVERY

â–º   You will be required to provide details such as your preferred method of delivery, billing address, delivery address and other details as required by the Site/Company during your checkout process. 

â–º   For direct delivery of the purchased items to You, Metronic enters into agreements with reputable courier delivery service providers. Depending on your delivery address and the weight of the purchased item, delivery costs may change. Please keep in mind that the delivery schedule will change based on the address and lead time.

â–º   Under some cases, such as during discounts or promotions are always subject to particular terms and restrictions, Metronic may waive the regular delivery fees. Items that are delicate, need a special delivery method, or have a remote delivery location will not be exempt from the requirement to pay delivery fees.

5.1   Delivery Window

â–º   Depending on where your delivery address is located, the AirWay Bill will provide the following information on an expected arrival time for your purchase:
•    West Malaysia: Within 7 business days from the date of notice
•    Peninsular Malaysia: Within 14 business days from the date of notice 

â–º   You may also check the delivery status of your purchase on our Site with a tracking code given by the courier delivery service provider.

 

5.2   AirWay Bill (AWB)

â–º   Please make sure that you or your authorised representative is present at the delivery location within the expected delivery window specified on the AirWay Bill in order to accept delivery of the item.

â–º   The delivery person will release the Item to You or any authorised representative within the company upon arrival. The delivery person may also request to take a photo of the parcel being delivered to the doorstep or photo of the person receiving said item. Alternatively, you may log into your customer portal on the Site to confirm that you have received the order manually. 

â–º   The Company have the right to refuse to transfer the Items to You and will not be liable for any responsibility, loss, damage, costs, or expenditures arising therefrom if You or your authorised representative fail to provide information to the delivery person of You or your authorised representative's identity.

5.3   Completed Purchase

â–º   A purchase is deemed “Completed” after once you have signed the acknowledgement of receipt, be it in paper or electronic from the delivery person or courier company. 

â–º    However, for purchases of Items which are not physical including but not limited to: sevice, maintenance and installation, the purchase is deemed "Completed" and delivered after signing upon the Service Form provided by the Service Department.

â–º   Please note that if You have specified an email that is incorrect or invalid, the Company will not be liable for any liability, loss, damage, cost or expense arising from the non-delivery or incorrect delivery.

5.4   Re - Delivery

â–º   In the event that the delivery was not successful due to reasons such as a) no one was home, b) nobody answered, c) failed to provide information to verify receiver or any other reasons during that time, kindly contact us through the Site or email us at support@metronic-group.com, the Company will advise for further instruction as to alternative date for re-delivery, or method for self-collection. Any attempt re-delivery requested by You will be at your sole expense, including third or fourth attempt of re-delivery, if any. 

5.5   Delays in delivery or non-receipt of Items

â–º   We make every commercially reasonable effort to deliver the Items within the allotted expected delivery window as stated in the AirWay Bill. In the event that the delivery procedure is unexpectedly delayed, you will be informed.

â–º   Both the Company and the Merchant will not be liable for any loss or damage, costs and expenses (including all indirect and consequential loss and loss of profit) incurred by You or any other third parties in the event of any delay brought on by the courier delivery service providers over which we have no control or which is outside of our control , influence or acumen. This includes, but is not limited to, any delay brought on by an incorrect delivery address being provided to us.

TIME FRAME FOR RETURN OF ITEMS OR REPLACEMENT

All returns of Items or replacement must be submitted to the Operator within the time frames set out below depending on the location of your delivery address:
•    West Malaysia: Within 3 business days days from the date You have received the Item.
•    Peninsular Malaysia: Within 5 business days days from the date You have received the Item.

COOKIES

â–º   We employ the use of cookies. By accessing Metronic Marketplace, you agreed to use cookies in agreement with the Metronic Integrated System's Privacy Policy.
â–º   For more information or clarification regarding our privacy policy, please refer to our Privacy Policy agreement shown on the website that can be found at the bottom of the page. 

â–º   Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

INTELLECTUAL PROPERTY (IP)

â–º   Unless otherwise stated, Metronic Integrated System and/or its licensors own the intellectual property rights for all material on Metronic Marketplace. All intellectual property rights are reserved. You may access this from the Site for your own personal use subjected to restrictions set in these terms and conditions.

â–º   You must not:

• Republish material from Metronic
• Sell, rent or sub-license material from Metronic
• Reproduce, duplicate or copy material from Metronic
• Redistribute content from Metronic

â–º   Parts of this Site offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Metronic Marketplace does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Metronic Marketplace,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, MISSB and MGB shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

â–º   Metronic Marketplace reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

â–º   You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

â–º   You hereby grant Metronic Marketplace a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

â–º   The intellectual property of any materials made accessible on the Site, including but not limited to texts, logos, images, audio clips, scripts, and data gathered or saved in connection with Metronic Marketplace and any of its affiliate websites ("Content"), is the exclusive property of the Company, its affiliated companies, agents, contractors, and suppliers, or the Content's licensor and is protected by Malaysian intellectual property laws.

â–º   All such rights, title and interest are reserved by the Company, its related entities, agents, contractors and suppliers and its licensors. 

â–º   You may only use the Content for your own personal purposes by downloading, storing, and printing it. However, You are not allowed to use any of the Content for purposes of any business or commercial enterprise, unless and until You have received written permission from the Company, its related entities, agents, contactors, suppliers, or the licensors of the Content. You are also not allowed to copy, print, download, publish, manipulate, distribute, or otherwise reproduce in any format, any of the Content or which appears on Metronic Marketplace.

â–º   It is prohibited to use the Content in connection with any good or service that is not offered by Metronic Marketplace, in a way that would confuse customers, or in a way that disparages or discredits Metronic Marketplace, the Company, its affiliated companies, agents, contractors, or suppliers.

â–º   Always acknowledge the Company, its affiliated companies, agents, contractors, suppliers, and any other specified licensors of the Content on the Site.

â–º   Any violation of this paragraph will result in the immediate termination of your ability to use Metronic Marketplace, and you will be required to return or delete any copies of the contents you have created, in the sole and absolute discretion of the Company. You are not permitted to alter any software or supporting documentation provided by the Company, its affiliated companies, agents, contractors, suppliers, or its licensors by way of translation, reverse engineering, decompilation, disassembly, or creating derivative works based on such software.

â–º   The Company has put in place rules that are devoted to protecting the intellectual property of the legal owners. The Company will not hold back from taking any necessary legal action against anybody, including the Merchants of Metronic Marketplace, if it becomes aware of any violation of its intellectual property rights.

HYPERLINKING

â–º   The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

â–º   These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

â–º   We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

 

â–º   We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Metronic Integrated; and (d) the link is in the context of general resource information.

â–º   These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

â–º   If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Metronic Integrated. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

â–º   Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

â–º   No use of Metronic Integrated System's logo or other artwork will be allowed for linking absent a trademark license agreement.

CONTENT LIABILITY

â–º   We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

 

LINK REMOVAL 

â–º   If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

â–º   We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

 

WEBSITE DISCLAIMER

â–º   To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

â–º   The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

â–º   Only broad informational purposes are served by the information on this website. Metronic is the source of the information, and while we make every effort to keep it up to date and accurate, we make no guarantees or representations about the accuracy, completeness, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained therein for any purpose.
Thus, any reliance you place on such material is solely at your own risk.

â–º   As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

METRONIC PROMOTION/DISCOUNT/OFFER

â–º   You must input the applicable Metronic promo codes, rebates, or discounts during the checkout process of the order if you wish to utilise them.

â–º   Unless otherwise specified, all promotional codes, rebates, and discounts for limited-time offers are subject to the offer's unique terms and restrictions, are mutually exclusive, and cannot be used in conjunction with any other offers. The particular terms and conditions governing the restricted promotions shall take precedence over the general terms and conditions set out herein in the case of a dispute.

â–º   After the checkout process is complete, the Company is not required to accept late submissions of promotional codes, rebates, and discounts.

â–º   The Company disclaims all responsibility for any loss, damage, cost, or expense incurred or any expenses incurred as a consequence of any theft or unauthorised, dishonest, or improper use of any coupons, rebates, or discounts.

 

INDEMNITY

â–º   You acknowledge that by abusing this site or by violating any of these Terms and Conditions and/or our policies, you may expose the Company, its related entities, directors, officers, employees, consultants, agents, contractors, suppliers, and affiliates to third-party claims, losses, damages, costs, and expenses (including but not limited to legal costs).

â–º   You also agree to indemnify, defend and hold Metronic Global Berhad harmless which includes directors, officers, agents, co-branders, partners, employers, employee, shareholders, affiliate and subsidiaries from and against any and all claims, losses, liabilities, arising from your use of and access to the Metronic Marketplace or Metronic Platform or from your breach of these Terms and/or applicable Policies.

 

LAW THAT APPLIES

â–º    The parties acknowledge that Malaysian law shall govern these terms and conditions and that the Malaysian courts shall have exclusive jurisdiction over these matters.

 

AMENDMENT, SUSPENSION, REMOVAL OR TERMINATION OF MEMBER ACCOUNT

â–º   The Company reserves the absolute right and discretion to amend, suspend, remove, cancel or terminate your Account and your use of Metronic Marketplace, in whole or in part, without prior notification to You, whenever the Company deems necessary in its sole and absolute discretion in order to maintain the quality and image of  Metronic Marketplace or for any other reason. The Company will not be responsible for any loss, damage, cost and expense (including all indirect and consequential loss and loss of profit) suffered by You arising thereof. 

â–º   In particular, the Company may suspend or terminate your Account for the following reasons: 
Misuse of Metronic Marketplace by You; 

• You have breached any laws, regulations or these Terms and Conditions;
•  If you advocate or participate in any dishonest action, such as spoofing, slamming, cramming, phishing, or any other criminal activity intended to trick or mislead the Merchant or the Company into disclosing any sensitive information;
•  Inactive Accounts whenever the Company deemed the Accounts to be;
•  If You knowingly or unknowingly introduce any virus, worm, trojan horse, malware, denial of service attack, or other harmful software into the Company's networks, Metronic Marketplace, or the Site's software;
•  In the event that You have violated the security of, or obtained unauthorized access to, any computer or computer network, or other device or system (including unauthorised attempts to discover passwords or security encryption codes to use any anonymizing proxy, robot, crawlers, site search/retrieval application, or other device to retrieve or index any portion of Metronic Marketplace, monitor and collect any information regarding other Members of Metronic Marketplace, or to reformat or frame a website)

 

CONTACT US

â–º   If you have any questions or would like further clarification about our terms and condition, we welcome you to contact us by e-mail at metronic@metronic-group.com