Terms & Conditions

Welcome to Gamershorizon.com.my

 

By entering our website gamershorizon.com.my, you are fully aware and agree to these Terms and Conditions stated below. Please read them carefully. If you do not agree to these Terms and Conditions of use, you shall not use this website.

The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

 

Using Our Website

 

You must follow any policies made available to you within the Website.

Don’t misuse our Website. For example, don’t interfere with our Website or try to access them using a method other than the interface and the instructions that we have provided. You may use our Website only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Website to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Website does not give you ownership of any intellectual property rights in our Website or the content you access. You may not use content from our Website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Website. Don’t remove, obscure, or alter any legal notices displayed in or along with our Website.

In connection with your use of the Website, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Our Website is available on mobile devices. Do not use our Website in a way that distracts you and prevents you from obeying traffic or safety laws.

 

Customer Submissions

 

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

 

Order Processing, Acceptance and Pricing

 

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

 

Privacy and Copyright Protection

 

Gamers Horizon’s privacy policies explain how we treat your personal data and protect your privacy when you use our Website. By using our Website, you agree that Gamers Horizon can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in Malaysia Copyright Act 1987.

 

Our Warranties and Disclaimers

 

We provide our Website using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Website.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GAMERS HORIZON NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE WEBSITE. FOR INSTANCE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE PRODUCT/CONTENT WITHIN THE WEBSITE, THE SPECIFIC FUNCTIONS OF THE PRODUCTS/CONTENTS, OR THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PRODUCT/CONTENTS “AS IS” AND “AS AVAILABLE” BASIS.

YOU EXPRESSLY AGREE THAT YOUR USE OF WEBSITE/SERVICE/PRODUCT/CONTENTS IS AT YOUR SOLE RISK.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRIGEMENT. TO THE EXTENT BY LAW, WE EXCLUDE ALL WARRANTIES.

Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

Subject to this Condition, Gamers Horizon warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 1 to 12 months depending on types of Goods, commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Gamers Horizon further gives to the Buyer such implied warranties as cannot be excluded by law.

Gamers Horizon’s above warranty concerning the Goods is given subject to the following conditions:

  1. No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Gamers Horizon.
  2. Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
  3. Gamers Horizon binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Gamers Horizon's opinion in that behalf. Gamers Horizon does not give any warranty as to the quality state condition or fitness of the Goods.
  4. Gamers Horizon shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Gamers Horizon, addition and insertion of parts, in particular of spare parts which do not come from Gamers Horizon.
  5. Gamers Horizon shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Gamers Horizon's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Gamers Horizon's approval.
  6. Gamers Horizon is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Gamers Horizon’s prior written approval and the Buyer shall indemnify Gamers Horizon against each loss liability and cost arising out of such claims.
  7. Gamers Horizon shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
  8. Gamers Horizon shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to Gamers Horizon within seven days from the date of receipt of the Goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.

During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. Gamers Horizon shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which Gamers Horizon had contracted to deliver.

If the Buyer does not give due notification to Gamers Horizon in accordance with the Condition stated above, Gamers Horizon shall have no liability for any defect or failure or for any consequences resulting therefrom. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to Gamers Horizon in accordance with Condition stated above, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods.

In lieu of repair or replacement, Gamers Horizon may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against Gamers Horizon.

When Gamers Horizon has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become Gamers Horizon’s property.

 

Liability for our Website

 

WHEN PERMITTED BY LAW, GAMERS HORIZON, AND GAMERS HORIZON’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GAMERS HORIZON, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR OUR PRODUCT/CONTENTS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE PRODUCT/CONTENTS AGAIN).

IN ALL CASES, GAMERS HORIZON, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

 

Delivery/Performance

 

Delivery of the Goods shall be made to the address specified by the Buyer in its order. Gamers Horizon has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Gamers Horizon shall not be liable for any delay in delivery or performance howsoever caused.

If Gamers Horizon has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on Gamers Horizon, to demand performance within a specified time thereafter, which shall be at least 14 days. If Gamers Horizon fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Gamers Horizon’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events.

If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Gamers Horizon's fault) then without prejudice to any other right or remedy available to Gamers Horizon. Gamers Horizon may sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract or terminate the Contract and claim damages.

 

Risk and property of the Goods

 

Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Gamers Horizon has tendered delivery of the Goods.

Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Gamers Horizon has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Gamers Horizon to the Buyer for which payment is then due.

Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Gamers Horizon's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

The Buyer agrees with Gamers Horizon that the Buyer shall immediately notify Gamers Horizon of any matter from time to time affecting Gamers Horizon’s title to the Goods and the Buyer shall provide Gamers Horizon with any information relating to the Goods as Gamers Horizon may require from time to time.

Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) Gamers Horizon shall be entitled at any time to demand the Buyer to deliver up the Goods to Gamers Horizon and in the event of non-compliance, Gamers Horizon reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Gamers Horizon but if the Buyer does so, all moneys owing by the Buyer to Gamers Horizon shall (without prejudice to any other right or remedy of Gamers Horizon) forthwith become due and payable.

If the provisions in this Condition are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

The Buyer shall indemnify Gamers Horizon against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Gamers Horizon's rights under this condition.

 

Force Majeure

 

Gamers Horizon shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Gamers Horizon's obligations if the delay or failure was due to any cause beyond Gamers Horizon's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Gamers Horizon's reasonable control:

  1. Act of God, explosion, flood, tempest, fire or accident;
  2. War or threat of war, sabotage, insurrection, civil disturbance or requisition;
  3. Acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
  4. Import or export regulations or embargoes;
  5. Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Gamers Horizon or of a third party);
  6. Interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
  7. Power failure or breakdown in machinery.
  8. Upon the happening of any one of the events set out in this conditions stated above, Gamers Horizon may at its option:-

a)     Fully or partially suspend delivery/performance while such event or circumstances continues;

b)    Terminate any Contract so affected with immediate effect by written notice to the Buyer and Gamers Horizon shall not be liable for any loss or damage suffered by the Buyer as a result thereof.

 

Insolvency of Buyer

 

This condition applies if:

  1. The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
  2. An encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or
  3. The Buyer ceases - or threatens to cease - to carry on business; or
  4. Gamers Horizon reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

If this condition applies then without prejudice to any other right or remedy available to Gamers Horizon, Gamers Horizon shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Buyer and if Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

 

Trademarks and Copyrights

 

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property.

The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

 

Applicable Law and Jurisdiction

 

These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

 

Arbitration

 

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party.

Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

Termination

 

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Rocket Internet Malaysia (950035-M), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

 

Your Account

 

If you use our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Gamers Horizon does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 13, you may use the Website with involvement of a parent or guardian. You must be at least 18 years of age to purchase any product, or use any site functionality related to gaming. If you are at least 13 years of age, to purchase any product, or use any site functionality related to gaming shall be under with the involvement of a parent or guardian. Gamers Horizon reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

About these Terms and Conditions

We may modify these Terms and Conditions or any additional Terms and Conditions that apply to our Website to, for example, reflect changes to the law or changes to our Website. You should look at the Terms and Conditions regularly. We’ll post notice of modifications to these Terms and Conditions on this page. We’ll post notice of modified additional Terms and Conditions in the applicable Content/Website. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Content/Website or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms and Conditions for a Content/Website, you should discontinue your use of our Website.

If there is a conflict between these Terms and Conditions and the additional Terms and Conditions, the additional Terms and Conditions will control for that conflict.

These Terms and Conditions control the relationship between Gamers Horizon and you. They do not create any third party beneficiary rights.

If you do not comply with these Terms and Conditions, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular Term and Condition is not enforceable, this will not affect any other Terms and Conditions.

The laws of Malaysia, will apply to any disputes arising out of or relating to these Terms and Conditions or the Content/Website. All claims arising out of or relating to these Terms and Conditions or the Content/Website will be litigated exclusively in the federal or state courts of Malaysia, and you and Gamers Horizon consent to personal jurisdiction in those courts.

You may contact us at enquiry@gamershorizon.com.my if you have any queries regarding this Terms and Conditions.