Acceptance of Terms – Your access to and use of www.primehub.com.my (“Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
Advice – The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Changes to the Website – PrimeHub (“Seller”) reserves the right to:
- change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that the Seller shall not be liable to you for any such change or removal.
- change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Links to Third Party Websites – The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
- All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to the Seller or otherwise used by the Seller as permitted by law.
- In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Disclaimers and Limitation of Liability
- The Website is provided on an “As Is” and “As Available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- To the extent permitted by law, the Seller will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
- The Seller makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Website for death or personal injury as a result of the negligence of the Website or that of its employees or agents.
Indemnity – You agree to indemnify and hold the Website and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Website arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
Severance – If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law – These Terms and Conditions shall be governed by and construed in accordance with the law of Malaysia and you hereby submit to the exclusive jurisdiction of the Malaysia courts.
- “Buyer” means the individual or organisation that buys or agrees to buy the Goods from the Seller;
- “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
- “Goods” means the articles that the Buyer agrees to buy from the Seller;
- “Seller” means the Website of PrimeHub Sdn Bhd.
- “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
- Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer.
- These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
- Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
- Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund.
- We aim to respond to all email correspondence within 1 working day of receipt.
4. Price and Payment
- The Price of the Goods shall be that stipulated on the Seller’s Website.
- The total purchase price, and delivery charges will be displayed in the Buyer’s shopping cart prior to confirming the order.
- After the order is received the Seller shall confirm by email the details, description and price for the Goods. If these differ from the details, description and/or price shown on the Website the Buyer shall be entitled to cancel the order.
- Payment of the total price and delivery charges must be made in full before the dispatch of the Goods.
- In the case of other sales, payment of the total price and delivery charges shall be due upon receipt of the invoice supplied by the Seller.
5. Rights of Seller
- The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
- The Seller reserves the right to withdraw any goods from the Website at any time.
- The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. Age of Consent
- Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
- If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
- The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
- Orders for ex-stock items received by 5 PM (Mon – Fri) are normally dispatched the next day, and are delivered according to the level of service you require. Certain items are made to order, for estimated delivery times on these products please refer to our customer service. Express delivery services are not available for items that are made to order (Special Order) or items out of stock. Please note all delivery times and dates are estimates. We will try our best to meet the delivery estimates we have given you but shall not be responsible for any failure to deliver ordered products within these stated time frames. We strongly recommend that you do not book fitters or tradesmen until your order has actually been delivered and checked by you. We cannot be held responsible for any third-party charges incurred due to non-delivery of an order, or orders that have not been checked on delivery. We are not able to process orders or deliver on Malaysia Public Holidays, Weekends and during our annual Christmas period shutdown. We will always endeavor to make one single delivery to you wherever possible to minimise any inconvenience. This means that when your order contains a mix of products with different delivery lead times, the longest lead time will apply to the whole order.
- Please note that every effort is made by us and our carrier to deliver your order within the specified time, however the very nature of the product dictates that we cannot always guarantee the delivery date. In the unlikely event we cannot deliver your order within the specified time, we will endeavor to contact you in order to advise you of the situation and take instructions as to how you would prefer us to process.
- The Seller shall use its reasonable endeavors to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
- Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. All deliveries must be received and signed for by a person over the age of 18. If no-one is available to take the delivery, we will leave details at the address to rearrange delivery. We may need to make an additional handling charge for redelivery. Should no-one be available to take the redelivery we may cancel the order and refund your money, excluding any delivery charges. Due to insurance guidelines, delivery personnel are unable to enter private residences. The recipient of the products is responsible for any additional lifting once the delivery has been made.
- Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9. Cancellation and Returns
- The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 30 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
- Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
- If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing us in writing or by email within 30 calendar days starting the date after receipt of the Goods. Goods must be returned at your cost and should be adequately insured during the return journey. You will receive a refund of all monies paid for the Goods (excluding delivery charges) within 15 days of cancellation.
- Goods to be returned must clearly show the order number obtained from the Seller on the package.
- Where returned Goods are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of remedying such damage.
- Where we design a product to your own specification the ‘Right to Cancel’ will not apply.
10. Limitation of Liability
- Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
At PrimeHub, we take your privacy seriously. We are committed to complying with all data protection laws as are applicable to us.
You can visit the Platform and browse without having to provide personal details. However, you will be required to sign up for an account if you wish to use the Services.
If you have any comments, suggestions or complaints in relation to your personal data, please contact our Data Protection Officer through our Contact Us page.
The Personal Data We Collect From You
Personal Data means any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
We may collect the following personal data from you:
- Identity data, such as your name, gender, and date of birth;
- Contact data, such as billing address, delivery address, email address, and phone numbers;
- Account data, such as bank account and payment details;
- Transaction data, such as details about payments to and from you, and other details of products and services you have purchased from us;
- Technical data, such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Platform;
- Profile data, such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
- Usage data, such as information on how you use the Platform, products and services; and
- Marketing and communications data, such as your preferences in receiving marketing from us and our third parties and your communication preferences.
During the course of your use of the Platform and the provision of the Services, we may receive personal data from you in the following situations:
- When you create an account with us;
- When you apply for any of our Services or purchase any products available on the Platform;
- When you use any of the features or functions available on our Platform or Services;
- When you subscribe to our publications or marketing collaterals;
- When you enter a competition, promotion or survey;
- When you log in to your account on our Platform or otherwise interact with us via an external service or application, such as Facebook or Google; and
- When you interact with us offline, including when you interact with our customer service agents.
You must only submit personal data which is accurate and not misleading and you must keep it up to date and inform us of changes. We shall have the right to request for documentation to verify the personal data provided by you as part of our customer verification processes.
We will only be able to collect your personal data if you voluntarily submit the personal data to us. Unfortunately, if you choose not to submit your personal data to us or subsequently withdraw your consent to our use of your personal data, we may not be able to provide you with our Services or access to the Platform.
You may access and update your personal information submitted to us at any time as described below.
Use and Disclosure of Personal Data
The personal data we collect from you may be used by us, or shared with or transferred to third parties (including related companies, third party service providers and their service providers and related companies), for some or all of the following purposes:
- To facilitate your use of the Services or access to the Platform, including responding to your queries, feedback, claims or disputes through our customer service agents;
- To process orders you submit through the Platform
Payments that you make through the Platform for products sold by us which will be processed by our partner;
- To deliver the products you have purchased through the Platform. We may pass your personal information on to a third party in order to make delivery of the product to you (for example to our courier or supplier)
- To update you on the delivery of the product sold through the Platform by us and for customer support purposes;
- To compare information, and verify with third parties in order to ensure that the information is accurate;
- To administer your account (if any) with us;
- To verify and carry out financial transactions in relation to payments you make online;
- To audit the downloading of data from the Platform;
- To improve the layout or content of the pages of the Platform and customise them for users;
- To identify visitors on the Platform;
- To carry out research on our users’ demographics and behaviour;
- To provide you with information we think you may find useful or which you have requested from us, including information about our products and services, provided you have indicated that you have not objected to being contacted for these purposes;
- Subject to having obtained your consent in accordance with applicable law, we may also use your personal information to send you marketing or promotional materials about our products and services from time to time; and
- We may also conduct automated-decision making processes in accordance with any of these purposes. You may unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.
- In exceptional circumstances, we may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes, or for fulfilment of legal and regulatory requirements and requests.
- We may share and permit the sharing of your personal data with third parties and our affiliates, for any of the abovementioned purposes, including but not limited to, facilitating your use of the Services, completing a transaction with you, managing your account and our relationship with you, marketing and fulfilling any legal or regulatory requirements and requests as deemed necessary by us. In sharing your personal data with them, we endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorised access, collection, use, disclosure, or similar risks and retain your personal data only for as long as they need your personal data to achieve the above mentioned purposes.
Withdrawal of Consent and Deletion or Anonymisation of Personal Data
- You may communicate the withdrawal of your consent to the continued use or disclosure of your personal data for any of the purposes and in the manner as stated above at any time, or request the deletion or anonymisation of your personal data, by contacting our Data Protection Officer using the contact details provided above.
- Please note that if you communicate your withdrawal of your consent to our use or disclosure of your personal data for the purposes and in the manner as stated above, or request the deletion or anonymisation of your personal data, we may not be in a position to continue to provide our products or services to you or perform on any contract we have with you, and we will not be liable in the event that we do not continue to provide our products or services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.
Updating Your Personal Data
- It is important that the personal data you provide to us is accurate. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date. You can update your personal data any time by accessing your account on the Platform. If you are unable to update your personal data through your account, you can do so by contacting our Data Protection Officer using the contact details provided above.
- We take steps to share the updates to your personal data with third parties and our affiliates with whom we have shared your personal data if your personal data is still necessary for the above-stated purposes.
Accessing Your Personal Data
- If you would like request information about your personal data which we have collected, or inquire about the ways in which your personal data may have been used or disclosed by us within the past year, please contact our Data Protection Officer using the contact details provided above. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request.
- We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within twenty-one (21) days from the date of your request, we will inform you in writing. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the applicable data protection laws).
Security of Your Personal Data
To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we are restricting access to personal data to individuals who require access.
If you believe that your privacy has been breached by PrimeHub, please contact our Data Protection Officer using the contact details provided above.
You should be aware, however, that no method of transmission over the internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
Your password is the key to your account. Please use unique numbers, letters and special characters, and do not share your PrimeHub password to anyone. If you do share your password with others, you will be responsible for all actions taken in the name of your account and the consequences. If you lose control of your password, you may lose substantial control over your personal data and other data submitted to PrimeHub. You could also be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason or if you have grounds to believe that your password has been compromised, you should immediately contact us and change your password. You are reminded to log out of your account and close the browser when you are finished with using a shared computer.
Retention of Personal Data
- We will only retain your personal data for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
- We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose.
Children and Minors Under 18 Years of Age
- PrimeHub does not sell products for purchase by children under  years of age, nor does it intend to provide any of the Services or the use of the Platform to children under  years of age. We do not knowingly collect any personal data relating to children under  years of age.
- If you are under 18 years old, you may use our website only with the involvement of a parent or guardian.
PrimeHub's Right to Disclose Personal Data
You acknowledge and agree that PrimeHub has the right to disclose your personal data to any legal, regulatory, governmental, tax, law enforcement or other authorities or the relevant right owners, if PrimeHub has reasonable grounds to believe that disclosure of your personal data is necessary for the purpose of meeting any obligations, requirements or arrangements, whether voluntary or mandatory, as a result of cooperating with an order, an investigation and/or a request of any nature by such parties to the extent permissible by applicable law, you agree not to take any action and/or waive your rights to take any action against PrimeHub for the disclosure of your personal data in these circumstances.
Third Party Sites
The Platform may contain links to other websites operated by other parties, such as our business affiliates, merchants or payment gateways. We are not responsible for the privacy practices of websites operated by these other parties. You are advised to check on the applicable privacy policies of those websites to determine how they will handle any information they collect from you.