I. General Information
Ownership
This website (“soundstream.cc”) is owned and operated by Kato Automart (Malaysia) Sdn Bhd (Registration No. 200201022506 (590169-X)).
Access & Use
Your access to, and use of the materials contained in, the Soundstream Online Shopping Website is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the Soundstream Online Shopping Website (“Terms and Conditions”). By using Soundstream Online Shopping Website, you agree to be bound by these Terms and Conditions.
Amendments
We reserve the right to amend the Terms and Conditions without notice at any time. Your use of our Soundstream Online Shopping Website following such changes constitutes your agreement to be bound by the new Terms and Conditions.
Registration
To register with the Soundstream Online Shopping Website, you must be over eighteen (18) years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
Information Collected & Use of Information
We collect the details provided by you on registration together with information we learn about you from your use of our service and your visit to Soundstream Online Shopping Website.
By using the Soundstream Online Shopping Website, you expressly accept and give your unconditional consent that we may use any and/or disclose information about your demographics in any manner which does not reveal your identity for purpose of marketing, promotional, strategic development, research and customer care.
Standard eCoupon Terms and Conditions
Your use of an eCoupon indicates your agreement to be bound by these eCoupon Terms and Conditions.
We reserve the right to withdraw or cancel an eCoupon for any reason at any time.
We shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any eCoupon or any failure or inability of a customer or household to use an eCoupon for any reason.
Security and Fraud
When you use an eCoupon you warrant to us that you are the duly authorised recipient of the eCoupon and that you are using it in good faith. If you redeem, attempt to redeem or encourage the redemption of eCoupons to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
If we reasonably believe that any eCoupon is being used unlawfully or illegally we may reject or cancel any eCoupon and you agree that you will have no claim against us in respect of any rejection or cancellation. We reserve the right to take any further action it deems appropriate in such instances.
Intellectual Property
The content of the Soundstream Online Shopping Website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Soundstream Online Shopping Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Soundstream Online Shopping Website without written permission from Soundstream Online Shopping Website.
No licence is granted to you in these Terms and Conditions to use any of our trade marks.
Limitations
You may not use the Soundstream Online Shopping Website for any of the following purposes:
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; c. gaining unauthorised access to other computer systems;
interfering with any other person’s use or enjoyment of the Soundstream Online Shopping Website;
breaching any laws concerning the use of public telecommunications networks;
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
any claim by any third party that the use of the Soundstream Online Shopping Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
any claim by any third party that the use of the Soundstream Online Shopping Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Soundstream Online Shopping Website by you.
Availability of the Soundstream Online Shopping Website
Although Soundstream Online Shopping Website aims to offer you the best service possible, Soundstream Online Shopping Website makes no promise that the services at the Soundstream Online Shopping Website will meet your requirements. Soundstream Online Shopping Website cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at feedback@soundstream.cc and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Soundstream Online Shopping Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Soundstream Online Shopping Website will attempt to restore the service as soon as it reasonably can.
Soundstream Online Shopping Website’s right to suspend or cancel your registration
Soundstream Online Shopping Website may suspend or cancel your registration immediately at our sole discretion without assigning any reason whatsoever.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Soundstream Online Shopping Website.
The suspension or cancellation of your registration and your right to use the Soundstream Online Shopping Website shall not affect either party’s rights or liabilities.
Paragraphs 8, 9 and 12 of these Terms and Conditions shall survive cancellation.
Soundstream Online Shopping Website’s liability
The Soundstream Online Shopping Website is provided by us without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability of fitness for a particular purpose. You must bear the risks associated with the use of the Internet.
We will ensure that information or material included on the Soundstream Online Shopping Website is correct, reputable and of high quality. We will not be responsible for any errors or omissions or for the results obtained from the use of information or for any technical problems you may experience with the Soundstream Online Shopping Website. If we are informed of any inaccuracies in the information or material on the Soundstream Online Shopping Website, we will attempt to correct the inaccuracies as soon as it reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Soundstream Online Shopping Website with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Soundstream Online Shopping Website;
unsuitability, unreliability or inaccuracy of the Soundstream Online Shopping Website;
inadequacy of the Soundstream Online Shopping Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Soundstream Online Shopping Website.
Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.
International Use
We make no promise that materials on the Soundstream Online Shopping Website are appropriate or available for use in locations outside Malaysia, and accessing the Soundstream Online Shopping Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Soundstream Online Shopping Website ignores this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
II. Product Terms & Conditions
a. General
These Product Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be decided only by the Malaysian courts.
If any of these Product Terms & Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms & Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
This Soundstream Online Shopping Website is owned and operated by Kato Automart (Malaysia) Sdn Bhd (Registration No. 200201022506 (590169-X)).
Please read these Product Terms & Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which we make the products available to you (“Product Terms”).
b. Prices
Please note that the prices on Soundstream Online Shopping Website are guide prices only and are only approximate. The total guide price shown in the Customer’s shopping trolley and order confirmation email may differ from the Customer’s final bill.
The actual price the Customer pays will be the price charged in store at the time the Customer’s order is picked for delivery. The actual order value cannot be determined until the day of delivery because the prices stated on the website may vary either above or below the prices in store on the day your order is picked and delivered.
At the time of delivery the price of certain items may differ from the price quoted on the Soundstream Online Shopping Website. If the value of the items delivered is higher than the value stated in the order confirmation or if the Customer considers that the difference between the price charged and the guide price shown on the Soundstream Online Shopping Website is unacceptable, the Customer has every right to reject the goods. The amount for the goods that are rejected shall not be charged to the Customer’s payment card, if the Customer has provided payment card details in advance in order to pay online.
When requesting goods by weight, we reserve the right to supply goods with a weight difference. However we shall make every effort to ensure the weight difference is minimal and as close to Customer’s request.
The cost of the services is not included in the price of the goods. The information about the cost of the services is available on the Soundstream Online Shopping Website once the Customer books a delivery slot.
c. Availability
The availability of the goods presented on the Soundstream Online Shopping Website depends on stock in stores and we do not guarantee the availability of goods.
In order to ensure that goods are available to all customers, we have the right to set maximum limits in advance for the purchase of individual items by a single Customer.
The Customer shall always be notified in advance if the goods requested cannot be delivered by reason that it has exceeded the maximum or restricted limit.
If the goods requested by the Customer are unavailable due to factors beyond our control, we shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item.
On delivery the substituted goods will be separated from the other products requested by the Customer and the customer shall be entitled to refuse to accept the substituted goods either in full or partially. The amount for the goods that are not accepted shall not be charged to the Customer’s payment card, if the Customer has provided payment card details in advance in order to pay online.
d. Acceptance
There will be no contract of any kind between the Customer and us unless and until we actually dispatch the goods to Customer. Customer’s order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to Customer. At any point up until then, we may decline to supply the goods to Customer without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between us and Customer, and Customer will be charged for the goods.
The Soundstream Shopping service is available for non-commercial and domestic use only. We reserve the right to refuse orders from businesses or that we consider are for commercial or other non-domestic concerns.
To ensure availability of all our products customers may be limited to a maximum number of items.
e. Delivery
Delivery will be made to the address specified by Customer on the completed order form.
We will deliver Customer’s order to the main entrance of the delivery address.
Delivery times will be agreed with the Customer at the time of placing Customer order and booking a delivery slot.
If Customer requests for redelivery, we are entitled to charge for providing the service.
Whilst we make every effort to deliver all Customer goods in the agreed time, we will not be liable if it fails to do so in part or in full due to circumstances beyond its control.
f. Returns & Refunds
When you buy from the Soundstream Online Shopping Website, we want you to be happy with your purchase. However, we know sometimes you may need to return goods. This policy sets out when you can return goods, and how to do so.
If you have received faulty or damaged goods
You may hand any faulty or damaged goods back to the driver at the time of delivery for a refund or return to us printed on the delivery documents (with proof of purchase) for a refund or exchange. At the Customer Services Department you can request a refund.
When you return goods
Customer shall return goods at his/her own cost. Goods returned shall be refunded at the price which the Customer had paid at the point of delivery.
For the avoidance of doubt, this provision does not affect the rights of the Customer for non-acceptance of substituted goods.
g. Cancellation
Customer can cancel before the shopping is due to be delivered. If in an emergency, the Customer needs to cancel the order after this time, Customer may contact Customer Services and we will try our best to help.
h. Payment
You can use a debit or credit card to pay for your shopping. We accept the following payment providers, issued by banks in Malaysia:
• Visa
• Master
• Debit Cards
Full payment card authorisation for the amount corresponding to the total price of goods (including service charges) that the Customer has requested shall be made on the day the goods are delivered to the Customer.
Unfortunately we will not accept cash as payment for your shopping. This is because our drivers cannot carry cash with them due to safety reasons.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
i. Customer Services
If you have an order query, please e-mail us at info@soundstream.cc
This Soundstream Online Shopping Website is operated by Kato Automart (Malaysia) Sdn Bhd (Registration No. 200201022506 (590169-X)) of No. 28, 30 & 32, Jalan Utama 2/16, Taman Perindustrian Puchong Utama, 47100 Puchong, Selangor D.E. Malaysia.