Terms & Conditions

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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OF UP CARPLATES. BY USING THE SERVICE, YOU AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THEM.

GENERAL

1. In these Terms and Conditions the following expressions shall have the following meanings:

a. “Approval Letter” shall mean the letter of approval issued by Malaysia Basketball Association(MABA) accepting a Bid of a Bidder, which must be used to register the Product with JPJ;

b. “Bidder” shall mean a person who places a Bid to purchase the Products on this website.

c. “Malaysia Basketball Association (MABA)” shall mean Malaysia Basketball Association (Company No. 0517/98).

d. “Intellectual Property” shall mean inventions, literary and artistic works, and symbols, names, images, and designs for which intellectual property rights are recognized, including (without limitation) patents, designs, present and future trademark or copyright, trade name, trade dress, trade secrets, and service marks and other property rights (whether or not registered or registrable by any means), and the right to file an application for registration and protection of any of the foregoing.

e. “JPJ” shall mean Jabatan Pengangkutan Malaysia.

f. “Bid” shall mean the bid(s) submitted by a Bidder to purchase the Product from this website.

g. “Product” or “UP Carplates” shall mean all rights to the unique “UP” letter and number combination issued and authorised by JPJ which is to be displayed in order to identify a vehicle.

h. “Terms and Conditions” shall mean the terms and conditions contained herein including any modifications and amendments or additions thereto from time to time.

2. The Products sold by MABA through this website are sold subject to these Terms and Conditions. By submitting a Bid for processing by this website, the Bidder confirms that he/she has read, understood and agree to the Terms and Conditions in the form in which they appear at the time the Bid is submitted for processing.

3. These Terms and Conditions including the Privacy Policy shall prevail over any other document purporting to have a contractual effect.

BID

1. A Bidder may select his/her preferred UP Carplates number by:

a. completing and sending off the prescribed order form which requires information or details such as the name and address of the Bidder and the person(s) to whom the Product is to be registered; and

b. paying the price of the Product as stated in full.

The Bid shall be deemed to be an offer made by the Bidder to purchase the Product.

2. After placement of an Bid, the Bidder will receive an email acknowledging receipt of that Bid. To avoid any doubts, such acknowledgement of receipt of a Bid does not constitute an acceptance of that Bid. If MABA accepts a Bid, it shall send to the Bidder the Approval Letter (together with the original receipt and invoice for the payment made) by ordinary mail.

3. MABA shall make every effort to fulfill a Bid placed by a Bidder through this website, but shall not be liable to the Bidder or any other person if it declines to accept a Bid for whatsoever reasons.

4. Results will be announced around 18th July 2018, payment must be done before 24th July 2018 or your bid will be considered as forfeited.

REGISTRATION

1. Once the Bidder receives the Approval Letter, the Bidder shall register the Product with the JPJ (at the Wangsa Maju branch in Kuala Lumpur) within six (6) months from the date of the Approval Letter or if stated otherwise. MABA shall not be liable to the Bidder if the Bidder fails to register the Product with JPJ within the stipulated time period.

PRICE

1. Unless otherwise stated, all prices quoted are in Malaysian Ringgit. Where applicable, the Bidder shall be charged according to the prices stated by MABA and such other miscellaneous charges such as administrative charges and service charges, inclusive of goods and service tax (GST).

2. MABA shall make every effort to ensure that the prices of Products detailed by this website are correct at the time when the information was input onto the system but reserves the right to vary the price and other details, descriptions or specifications of the Products without notice.

PAYMENT

1. Payment for Products ordered through this website can be made by Online Banking or Cheque.

2. All payment in respect of a Bid must be cleared before delivery of the Products. If the payment cannot be processed, the said Bid will be rejected and the Bidder is advised to contact his card issuer to resolve any problem concerning the use of credit card in order to continue with the Bid.

3. MABA may change at any time the method by which payments for Bids may be effected and such changes may be notified to the Bidder by e-mail or by placing a notice to this effect on this website.

4. If payment to a Bid has already been made but the Bid is rejected by MABA or cancelled by the Bidder before MABA accepted the Bid, the Bidder shall be entitled to a refund but the receipt of the refund will depend on the period of time the Bidder’s financial institution takes to finalize the refund. MABA shall not be liable with respect to any loss, damage, cost or expense that the Bidder or any person may incur as a result of any delay in the Bidder’s financial institution processing the said refund.

DELIVERY

1. The Approval Letter will be delivered to the Bidder via ordinary mail. Please allow up to seven (7) working days for Peninsular Malaysia and ten (10) working days for East Malaysia including Labuan for delivery of the Approval Letter within the aforesaid areas unless otherwise notified by MABA.

CANCELLATION OF ORDER

1. No cancellation policy.

LIABILITY

1. The liability of MABA whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any breach of MABA’s obligations here under shall not in any event exceed an amount equivalent to the price of the Product.

2. Subject to any rights the Bidder may have under any law but to the fullest extent permitted by law, MABA, its parent, subsidiaries, affiliates or successors or their respective officers, directors, employees, agents, representatives, contractors or vendors shall not be liable to the Bidder or any other person for any consequential, indirect or special damage or loss of any kind whatsoever nor shall MABA, its parent, subsidiaries, affiliates or successors or their respective officers, directors, employees, agents, representatives, contractors or vendors be liable for any damage or loss caused by the Bidder’s servants, agents, buyers or other persons whatsoever.

INTELLECTUAL PROPERTY

1. All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to this website in this website and all text, graphics, photographs, forms, diagrams and other materials published on it shall at all times remain the property of MABA. No one shall copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this site for any purpose without MABA’s prior written permission.

2. MABA and other parties own the trade marks, logos and service marks displayed on this site/catalogue and/or in connection with the Products and the Bidders and on-line visitors are prohibited from using the same without the written permission of MABA or such other parties. No right or license is given to any party accessing this site to use or reproduce in any manner any such marks or logos and MABA will not hesitate to enforce its right against such party.

VARIATION OF TERMS AND CONDITIONS

1. MABA reserves the right to amend these Terms and Conditions from time to time or at any time in its sole discretion. MABA may, but does not undertake, to notify the Bidder of such changes. It is the Bidder’s responsibility to review the Terms and Conditions prior to submitting any Bid and MABA shall have no responsibility to notify the Bidder of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.

LINKS

1. This website may contain links to other sites and pages which are not maintained or controlled by MABA and for which MABA is not responsible. When the Bidder activates any of these links or pages, the Bidder leaves this site and accesses such site or page at the Bidder’s own risk for which MABA disclaims all responsibility and liability.

CONTENT

1. All reasonable efforts are made to ensure that the information provided on this website is correct and up-to-date. However, the information may contain any errors, mistakes, omission or inaccuracies and MABA reserves the right to correct any errors, mistakes, omission or inaccuracies. To the fullest extent permitted by law, MABA disclaims all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on the site and MABA takes no responsibility and assumes no liability for the content of the site or anything posted on or linked to it.

DISCLAIMER

1. By accessing and using this website, the Bidder acknowledges and accepts that the use of the site is at the Bidder’s own risk. Subject to any rights the Bidder may have under any consumer protection law and to the fullest extent permitted by law, MABA shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing:

THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT. MABA HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. MABA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE FULLEST EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE/CATALOGUE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CATALOGUE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.

MISCELLANEOUS

1. The headings and sub-headings in these Terms and Conditions are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any of the provisions contained herein.

2. No failure on the part of MABA to exercise, and no delay on MABA’s part in exercising, any right or remedy under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude MABA for further exercise thereof or the exercise of any other right or remedy.

3. If any provision or any part of any provision of these Terms and Conditions which are illegal, void prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other provision contained herein.

4. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the Bidder and MABA hereby agree to submit to the jurisdiction of the Court of Malaysia.

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