Welcome to the PennMax website ("Website"), a site owned by Penn Max Enterprise and operated by epayAsia Sdn Bhd.

The following terms and conditions ("Terms and Conditions") apply to your access and use of this Website and the services provided herein by PennMax and/or on its behalf. Please read these Terms and Conditions carefully.

If you do not accept these Terms and Conditions, please discontinue your access to this Website and/or use of the services immediately.

1.0 GENERAL

This Website enables you to make online purchases or subscription of displayed goods and services (hereinafter referred to as "Products") via PennMax's payment service available under epayAsia Sdn Bhd’s online payment service, i.e. TeleMoney.

You understand that PennMax merely provides you with a forum in which selected merchants recruited by PennMax (hereinafter referred to as "Merchants") may make their Products available and buyers may purchase those Products from the Merchants online via the use of epayAsia's payment service available under TeleMoney. In addition, PennMax also, through its partner epayAsia Sdn Bhd, provide customer relationship management services to handle any queries or complaints made by you in relation to the Website, the Merchant's Products and the service provided herein. HOWEVER, your actual purchase and subscription of the Products will be subject to the Merchant's standard terms and conditions of sale and any other specific terms and conditions of sale as may be applicable to a particular Product. All agreements pertaining to the sale and purchase of Products via this Website therefore shall be between you and the respective Merchant.

These Terms and Conditions are meant to regulate your access to this Website and your use of the services herein and they are to be read together with the terms and conditions applicable to TeleMoney, which will govern your payment transaction(s) as well as the applicable Merchant terms and conditions governing the Products. In the event of conflict between these Terms and Conditions and the terms and conditions governing the relevant transaction(s) and Product(s) made available herein, the latter would prevail to the extent of such inconsistencies.

The information, material, functions and content provided in the pages of the Website may be changed from time to time with or without notice at PennMax's absolute discretion. Your continued access or use of the Website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.

2.0 DISCLAIMER OF WARRANTIES AND LIABILITY

The materials and information in this Website, including but not limited to the Product description, information, data, text, graphics, audio, video, links or other items (hereinafter collectively referred to as "materials and information"), are provided on an "as is" and "as available" basis. References to materials and information contained in the Website include such material and information provided by third parties.

Although PennMax shall use its reasonable efforts to ensure the accuracy and validity of the materials and information made available on the Website, PennMax does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of completeness, accuracy usefulness, reliability, fitness for a particular purpose in respect of the Website, the material and information and/or functions therein and expressly disclaims liability for errors and omissions in such materials and information and/or functions.

Further PennMax does not warrant or represent that access to the whole or part(s) of this Website, the materials and information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, or that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.

PennMax also provides no warranties or representations with regards to the Products made available by the Merchants on the Website including but not limited to the merchantability, fitness for particular purpose, satisfactory quality of the Products. Unless otherwise expressly stipulated, all Products made available by the Merchants on the Website shall be the responsibility of the respective Merchants.

3.0 YOUR CONDUCT

Your access and use of this Website shall at all times be in accordance with all rules, regulations, laws and legislation governing the same and any guidelines and policies of PennMax pertaining thereto. You shall not conduct yourself in a way which:
(a) disrupts the access and use of this Website and the products and services provided hereunder by others;
(b) disrupts the provision of this Website and the products and services by PennMax and its partners;
(c) adversely affects the rights of epayAsia Mall, its partners or any other persons;
(d) gives rise to civil liability or constitutes a criminal offence;
(e) is objectional to public morals and decency;
or otherwise misuse in any way, this Website, its contents and the services provided hereunder. Neither shall you assist or enable others to perform or carry out the acts as above mentioned.

4.0 ITEMS PUT UP FOR SALE

All Products up for sale is merely an invitation to treat and is not an offer capable of acceptance. All offers by you to purchase any Products on this Website are subject to acceptance by the Merchants recruited by PennMax. We reiterate that the contract for the purchase of the Product shall be between you and the relevant Merchant and shall be subject to the standard Merchant terms and conditions of sale as may be stipulated on the Website and/or any other terms and conditions as may be applicable to a particular Merchant's Product.

5.0 YOUR CYBER MALL REGISTRATION

In the event that you wish to proceed with the purchase or subscription of any of the Products made available via the Website, you would need to go through a simple registration process where you will be required to select a login name and password for the creation of an account with the Cyber Mall.

You shall provide and maintain true, accurate, current and complete information about yourself when registering for your account.

You shall be solely responsible for maintaining the confidentiality of your login name and password, and you agree to accept responsibility for all activities that occur under your account or password whether or not authorised by you and you shall immediately notify PennMax and/or epayAsia Sdn Bhd if it comes to your knowledge that your login or password has been compromised or there has been unauthorised use of your account.

PennMax shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorised use of your login name and password.

PennMax reserves the right to refuse service, terminate and/or suspend accounts, remove or edit content, or cancel orders in its sole discretion. In particular, and without limitation, PennMax may terminate and/or suspend your account should you violate any of these Terms and Conditions, or violate the rights of PennMax, of any other user(s) or of any third party (ies).

6.0 DELIVERY, TITLE AND RISK OF LOSS

The delivery of all Products purchased via the Website shall be the responsibility of the Merchant. With the exception of subscription based products, the delivery of Products purchased via the Website shall be made by the Merchant or any other third party designated by the Merchant pursuant to the delivery time schedule as may be stipulated in the Website as applicable to the Product(s)..

You understand that the timely delivery of the Products shall be the responsibility of the Merchant and although PennMax shall through its partner epayAsia Sdn Bhd, provide the resources for the initiation and handling of all queries, comments and complaints to be made, neither PennMax nor epayAsia Sdn Bhd shall be responsible for any delay or failure to deliver the Products in accordance with the specific delivery time schedule as may be applicable to the Products.

7.0 RETURN AND REFUND POLICY

Unless otherwise expressly stipulated, PennMax shall handle all requests for the return of Products via its customer service e-mail at maxng@epayasia.com.my. All queries, comments and complaints in relation to the Website and the Products made available hereunder may also be made via this e-mail.

Requests for return of Products can only be made within fourteen (14) days from the date of delivery of the Products based on the Merchant's records, and only where the Products delivered are damaged or defective upon delivery or do not correspond with the order made by you as verified by epayAsia Sdn Bhd.

Returns however will not be made or will be made subject to additional charges, where the Product(s)' failure to correspond with the order made by you is due to your failure to provide accurate or complete instructions with regards to your purchase order.

All return requests will be subject to verification and approval by epayAsia Sdn Bhd. For the avoidance of doubt, no cancellation of order or exchange of Product for another item of similar or different value shall be allowed.

All Products approved by epayAsia Sdn Bhd to be returned to the respective Merchant must be securely packaged and wrapped. The delivery cost for the return of the Products shall be borne by you.

All Products returned shall be exchanged with a Product of the same description in the Purchase Order.

A refund in relation to a returned Product will only be made where the Merchant has no more stock of the returned Product.

For a more detailed explanation of our return and refund policy, please check the Website.

8.0 COPYRIGHT

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned and/or licensed by PennMax, epayAsia Sdn Bhd and/or its content supplier and are protected by copyright, trademarks and other laws. The compilation of all content on this Website is the exclusive property of PennMax and is protected by copyright laws.

9.0 TRADEMARKS

All trademarks, service marks and logos displayed on this Website are owned and/or licensed to PennMax, epayAsia Sdn Bhd and/or their respective third party proprietors as identified on the Website.

Unless the prior written consent of PennMax, epayAsia Sdn Bhd and/or the relevant third party proprietor(s) of any of the trademarks, service marks or logos appearing on the Website has been obtained, no license or right is granted to any party accessing this Website to use, download, reproduce, copy or modify such trademarks, service marks or logos. Similarly, unless the prior written consent of PennMax, epayAsia Sdn Bhd and/or the relevant proprietor(s) has been obtained, no such trademarks, service marks or logos may be used as a link or to mark any link to the Website or any other site owned and/or controlled by PennMax.

10.0 LICENSE AND WEBSITE ACCESS

PennMax grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PennMax. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PennMax. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PennMax and/or its relevant third party proprietor without express written consent. You may not use any metatags or any other "hidden text" utilizing epayAsia Mall's name or trademarks without the express written consent of epayAsia Mall. Any unauthorised use terminates the permission or license granted by PennMax.

11.0 EXCLUSION OF LIABILITY

Neither PennMax nor epayAsia Sdn Bhd shall in any event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this Website (or any third party link to or from the Website), reliance on the information contained on the Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.

This exclusion clause shall take effect to the fullest extent permitted by law.

12.0 INDEMNITY

You hereby irrevocably agree to indemnify and keep indemnified PennMax and/or epayAsia Sdn Bhd from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by PennMax and/or epayAsia Sdn Bhd in connection with or arising from (1) your misuse of this Website and the services provided herein, or (2) your breach of these Terms and Conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against PennMax and/or epayAsia Sdn Bhd in connection with your use of this Website.

13.0 WEBSITE LINKS

This Website may contain links to website(s) controlled or offered by third parties other than PennMax. PennMax hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party websites linked to this Website. By creating a link to a third party website, PennMax does not endorse or recommend any products or services offered or information contained at that website, nor is PennMax liable for failure of products or services offered, or advertised at those websites. Such third parties may have a privacy policy different from that of PennMax, and the third party website may provide less security than this Website.

14.0 ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to PennMax or epayAsia Sdn Bhd, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15.0 COLLECTION AND USE OF PERSONAL INFORMATION

In addition to disclosure of identification and contact particulars as contemplated herein, PennMax and/or epayAsia Sdn Bhd as authorized by PennMax, shall collect, store, compile and utilize information to enable you to purchase Products from this Website. epayAsia Sdn Bhd may provide certain information and data about you to any other third parties for purpose of delivering the product to you. Other than for the aforementioned reasons, PennMax and/or epayAsia Sdn Bhd will not disclose your name, address, telephone number, e-mail addresses or any other personal identifying information, unless you give PennMax and/or epayAsia Sdn Bhd consent to do so or as may be required by law or pursuant to any request or directives by regulatory authorities or governmental bodies or agencies.

16.0 CURRENCY

All transactions on the Website are to be conducted and payable in Ringgit Malaysia (RM), unless otherwise indicated.

17.0 LAW AND JURISDICTION

These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this Website and/or using the services provided herein by PennMax, you hereby consent to the exclusive jurisdiction of the courts of Malaysia in all disputes arising out of or relating to the use of this Website.

PennMax makes no representation that the materials, information, functions and/or services provided on this Website are appropriate or available for use in jurisdictions other than in Malaysia.

18.0 WAIVER

The failure of PennMax to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

19.0 SEVERABILITY

If any of these conditions or part thereof shall be deemed invalid, void, or for any reason unenforceable, that condition or part thereof shall be deemed severed and shall not affect the validity and enforceability of any remaining terms and condition.