Your continued use of this site is expressly conditioned upon your acceptance of the following Terms and Conditions. This web site also contains links to web sites, web pages and other services of our affiliates and service providers, and your use of such web sites, web pages and services shall also be subject to the terms and conditions contained within each of such sites.
By clicking the “Submit Registration” button and completing the online registration form, you accept, acknowledge and agree to be legally bound, without qualification or limitation, by these Terms and Conditions. You further represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of your use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
1.0 REGISTRATION, MEMBER ACCOUNT
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
Any data we request that is not required will be specified as voluntary or optional.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience (your information helps us to better respond to your individual needs)
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested by the customer.
2.0 USE OF THIS SITE
You may only use this site to make legitimate bookings or purchases and shall not use this site to make any speculative, false or fraudulent booking or any order in anticipation of demand. In addition to any other rights or remedies available to us, we may at our sole discretion terminate or restrict your access and use of this site at any time without notice for any reason whatsoever.
3.0 Bookings
All services provided on this web site shall be subject to availability, acceptance, cancellation or postponement by Win Tech. You acknowledge and agree that we shall not be responsible for any misinformation or mishandling of your order/booking, or any dissatisfaction with the quality of any products or services provided by Win Tech. You further acknowledge and agree that we shall not be made party to any dispute or difference between you and Win Tech
You shall contact us (call/email) to schedule a date and time for gear box/product installation (if any). On the date of installation/redemption of product, you shall present the payment receipt /service voucher which you purchase earlier thru our website at either 1 of our workshops for the purposes of verifying your booking with us.
4.0 Cancellation and Refund
In the event of cancellation made after order is confirmed & issuance of invoice/voucher, you shall not be entitled to any refund of the deposit booking payment.
5.0 Warranty and Remedies
- Win Tech do not warrant or make any representations concerning Product when the Product is not installed and/or used in strict accordance with good installation and maintenance practices in the automotive industry. Win Tech do not warrant Product that has been altered; improperly installed, maintained or repaired; combined with non-Win Tech products; contaminated with oil or grease; damaged as a result of normal cosmetic or mechanical wear and tear, accident or lack of reasonable and proper protection during storage, overheating, or damaged by accident, negligence, misuse, race or off-road use or any other unauthorized use. The repair warranty does not cover damage or failure to other assemblies components incurred during the product damage arising from the failure of other components. Win Tech shall have no liability for breach of warranty claims based on allegations of defective design or negligent manufacture or testing, patent or infringement claims, liability for any special, punitive, incidental, liquidated or consequential damages, including but not limited to loss of profits, damages to other parts or equipment, cost of capital or interest, any claim for labor charges incurred in diagnosing or replacing a defective Product, towing charges, telephone calls, unauthorized repairs, or injury to person or property. If Win Tech without separate compensation therefore, furnishes Buyer with advice or other assistance concerning any Product or equipment in which the Product may be installed, the furnishing of such advice or assistance will not subject Win Tech to any liability whether in contract, tort (including negligence and strict liability) or otherwise.
- As the exclusive remedy, in accordance with the Win Tech Terms and provided such Product is deemed by Win Tech to be defective, Win Tech shall, at its sole option (i) repair or replace the defective Product or component(s) thereof within the product warranty period. Win Tech will accept warranty claims only from the Buyer that purchased the Product directly from Win Tech, and this is non-transferable or assignable to any resale of Product thereafter. All warranty claims must include a return to Win Tech of the allegedly defective Product. Win Tech reserves the right to examine all returned Product to determine whether or not the return qualifies for the exclusive remedy set forth in these Win Tech Terms. No benefits or remedies are available under this limited warranty while the Invoice for the Product remains outstanding.
- In any action brought by Buyer against Win Tech, regardless of the form or forum, Win Tech shall not be liable to Buyer, end user, customer or any third party for special, consequential, incidental, liquidated or punitive damages and, under no circumstances shall any award against Win Tech in favor of Buyer, end user, customer or any third party exceed the amount paid to Win Tech by Buyer during the six month period immediately preceding the date on which notice is first given to Win Tech of the claim. Win Tech shall not indemnify Buyer, end user, customer or any third party from potential claims against the Product manufacturer or Third Party. The parties agree that the foregoing remedy is reasonable and does not cause the Agreement to fail of its essential purpose.
- In the event of Buyer’s resale, redistribution, installation or other similar action of any of the Products sold hereunder, in whatever form, Buyer shall make no warranty on its own binding Win Tech, Third Party or any others, and shall notify such purchaser of these Win Tech Terms and disclaimer of any Win Tech warranty, in writing or otherwise.
- Buyer shall defend, indemnify and hold harmless Win Tech (and Win Tech’s parent company, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders and employees, individually and collectively, “Indemnitees”) against any and all claims, demands, judgments, loss, injury, death, damage, liability, deficiency, actions, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or occurring in connection with the Products purchased from Win Tech and involving Buyer’s acts, omissions, negligence, misconduct or breach of Win Tech’s Terms.
6.0 ANCILLARY CHARGES
Any and all ancillary costs and expenses (including but not limited to electricity, telephone and Internet connection charges) incurred by you in accessing and using this site shall be borne by you and we shall not be liable to compensate or reimburse you for any such ancillary cost and expenses.
7.0 LIMITATION OF LIABILITY
In no event shall we be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind (including but not limited to loss of profits, loss of business and loss of data) whether based in contract or in tort or otherwise arising or which is in any way connected to;
- the use of this site or content, data or services found herein;
- any failure or delay (including but not limited to the use of or inability to use any component of this site for bookings); or
- the performance or nonperformance by us or our affiliates, even if we have been advised of the possibility of such damages.
If, notwithstanding the above, we or any of our affiliates should be found liable for any loss or damage arising out of or in connection with the use of this site or the content, data or services provided herein, our liability shall in no event exceed RM300.00.
8.0 DEFAULT CURRENCY
The reservation price provided in the Currency Exchange Counter shall be based on the prevailing exchange rate of the supported currencies as at the date a reservation is made and is, therefore, merely an approximate value. You acknowledge and agree that we shall not be liable for any difference in the actual rate of exchange charged by the issuer at the time of clearance of payment of the reservation price.
9.0 LINKS TO THIRD-PARTY SITES
The Wintechgroups.com web site contains links to third-party web sites. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site. We provide these links only as a convenience to you and the inclusion of a link does not imply any endorsement of the linked site by us.
10.0 RELATIONSHIP
The relationship between us and our affiliates, merchants, sponsors and licensors shall be that of independent contractors and neither of us, nor our respective officers, employees and/or agents shall be construed to be partners, fiduciaries, employees or agents of the other.
11.0 APPLICABLE LAW
These Terms and Conditions and all transactions carried out by you using this site shall be governed by the laws of Malaysia. By accessing and using this site, you agree and acknowledge that the Courts of Malaysia shall have jurisdiction to settle any disputes which may arise out of or in connection with your use of this site, these Terms and Conditions or the legal relationship established by them. You consent and submit to the exclusive jurisdiction of the Courts of Malaysia all questions and/or disputes arising out of your use of this site and these Terms and Conditions or the legal relationship established by them.
12.0 VARIATION
We reserve the right to vary or modify these Terms and Conditions at any time and your continued use of this site shall be conditioned upon the Terms and Conditions in force at the time of your use. You are deemed to be apprised of and be bound by any changes to these Terms and Conditions each time to access this web site.
13.0 ASSIGNMENT
You shall not assign, convey, subcontract or delegate your rights, duties and obligations hereunder.
14.0 SEVERABILITY
In the event any provision of these Terms and Conditions is determined to be unenforceable or invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
15.0 WAIVER
Any failure or delay by us in exercising any of our rights and remedies in respect of any breach of these Terms and Conditions shall not mean that we shall have waived such rights or remedies in respect of any preceding or subsequent breach.
16.0 ENTIRE AGREEMENT
These Terms and Conditions contain the entire agreement between us relating to the use of this site and supersedes any prior communications, negotiations, agreements or understandings (whether express or implied, oral or written) relating to the use of this site.
