Terms of Use

Introduction

Welcome to Building Materials Online or BMO (the "Platform"). These terms and conditions ("Terms and Conditions") apply to the Platform, Avion Tech Sdn Bhd (1193719K), and all of its divisions, subsidiaries, mobile apps and affiliate operated Internet Platforms which reference these Terms and Conditions.

By accessing the Platform, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this Platform. The Platform 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 Platform with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Platform following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

Use of BMO

We grant you a non-transferable and revocable license to use the Platform, under the Terms and Conditions described, for the purpose of sourcing and/or shopping for items or materials sold on the Platform. You may use the Platform for personal or business purchasing, including buying for your own projects and clients. You may not copy, scrape, resell or republish content from the Platform, or use it to build a competing service, without our written permission. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorised use of your password or account. The Platform shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

User submissions

Anything that you submit to the Platform 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 Platform, 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 acceptance and pricing

Please note that there are cases when an order cannot be processed for various reasons. The Platform 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 Platform to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Platform. 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. If we cancel an order you have already paid for, you will be refunded under our Refunds and Return Policy.

Trademarks and copyrights

All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the Platform 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 Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

As such the Platform reserves the full rights to desist and prevent usage of trademarked and / or copyrighted content materials including, but not limited to, text, graphics, software, photos, video, music and sound uploaded by third party, suppliers and merchants operating on the Platform.

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 Malaysia and 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 Platform 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 Platform 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 Platform 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 Platform 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 Platform or with any terms, conditions, rules, policies, guidelines, or practices of Avion Tech Sdn Bhd (1193719K), in operating the Platform, your sole and exclusive remedy is to discontinue using the Platform.

Conditions of sale

The following Conditions apply to Goods bought and sold through BMO, and form part of these Terms and Conditions.

1. Interpretation

1.1 In these Conditions:

• "Buyer" means the person who accepts a quotation from Seller via BMO, or buys Goods through online checkout on BMO;
• "Seller" means the person who enters into a contract for the supply of Goods via BMO;
• "Conditions" mean the general terms and conditions set out in this document;
• "Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;
• "Goods" means the materials (including any instalment of the materials or any parts for them) which Seller is to supply in accordance with a Contract;
• "Writing" includes electronic mail facsimile transmission and any comparable means of communication;
• “BMO” means Building Materials Online, a platform consisting of website and mobile apps operated by Avion Tech Sdn Bhd, a company incorporated in Malaysia under registration number 1193719K and having its registered address at 14A, Jalan Tun Mohd Fuad, Taman Tun Dr Ismail, 60000 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the contract

2.1 The supply of Goods by Seller to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2 Any information made available in BMO in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.

2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and/or Seller and BMO.

2.4 Any typographical, clerical or other error or omission in any quotation, invoice or other document or information issued by BMO in its website and mobile apps shall be subject to correction without any liability on the part of BMO.

2.5 BMO may provide Buyer and Seller with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.

3. Price

The price of the Goods and/or Services shall be the price stated in BMO at the time which the Buyer makes its offer purchase. The price may include the cost of packaging, handling, delivery and deployment charges, any applicable goods and services tax, value added tax or similar tax.

4. Terms of payment

4.1 The Buyer may pay for Goods bought through online checkout using the payment methods shown at checkout, such as FPX online banking, credit and debit cards and e-wallets. Payments are made in Ringgit Malaysia and processed by BMO's payment gateway, Fiuu. Card details are entered on the payment gateway's secure page and are not stored by BMO. Additional charges may be incurred by the Buyer if a non-Malaysian issued card is used, due to foreign exchange.

4.2 BMO collects payment for online orders on behalf of the Seller through its payment gateway. BMO pays the Seller's share once the payment gateway has settled the payment to BMO and the Seller has marked the Goods as shipped. For selected or managed Sellers, BMO may agree to pay once the payment has settled, before the Goods are shipped. The payment gateway's settlement period is shown in the seller guide.

4.3 BMO pays the Seller's share to the Seller's approved bank account, less the payment gateway's fee and any platform commission. The platform commission is 0% until further notice. BMO will give Sellers at least 60 days' notice before any commission applies. Amounts refunded or cancelled before the Seller is paid are not paid to the Seller.

4.4 A Buyer's payment can still be refunded or charged back after BMO has paid the Seller, for example if the Goods don't arrive or the Buyer disputes a card payment with their bank. If BMO has to return that money, the Seller must repay it to BMO, and BMO may deduct it from the Seller's later payouts.

4.5 Sellers must keep their payout bank account details accurate. If a Seller changes its payout bank account, its online orders are paused until BMO approves the new account.

4.6 Where the Buyer pays the Seller directly, for example after accepting a quotation, payment is made on the terms agreed between the Buyer and the Seller, and sections 4.2 to 4.5 do not apply.

5. Delivery and performance

5.1 Delivery, handling and deployment of the Goods and all aspects of it, including schedule and status updates shall be at the sole discretion and responsibility of the Seller.

5.2 BMO does not provide logistics or any form of delivery arrangement and services on behalf of Sellers at this point of time.

6. Risk and property of the goods

6.1 Risk of loss of or damage to the Goods stays with the Seller until the Goods are delivered to the Buyer, and then passes to the Buyer. BMO does not take part in delivery and is not responsible for loss of or damage to the Goods.

7. Warranties and remedies

7.1 Warranty (if any) concerning the Goods may be given, subject to and is sole responsibility of each individual Seller and the product or service in topic.

7.2 BMO do not give or issue any forms of warranty to goods, products and materials sold or services provided, on behalf of the Seller.

8. Returns and refunds

8.1 Returns and refunds for Goods bought through online checkout on BMO follow BMO's Refunds and Return Policy, which Buyers and Sellers agree to.

8.2 Before the Seller is paid for an item, BMO handles approved refunds through its payment gateway. After the Seller is paid, the Seller handles returns and refunds directly with the Buyer under that policy.

8.3 Where the Buyer pays the Seller directly, return and refund requests are at the sole discretion of the Seller and subject to the Seller's own terms and conditions. BMO does not process, accept or reject these requests on behalf of the Seller.

9. Force majeure

9.1 BMO 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 BMO’s obligations if the delay or failure was due to any cause beyond BMO’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond BMO’s reasonable control:

• Act of God, explosion, flood, tempest, fire or accident;
• war or threat of war, sabotage, insurrection, civil disturbance or requisition;
• acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
• import or export regulations or embargoes;
• interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of BMO or of a third party);
• interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
• power failure or breakdown in machinery.

9.2 Upon the happening of any one of the events set out in Condition 9.1, BMO may at its option:

• fully or partially suspend delivery/performance while such event or circumstances continues;
• terminate any Contract so affected with immediate effect by written notice to the Buyer and BMO shall not be liable for any loss or damage suffered by the Buyer as a result thereof.

10. Sellers

10.1 Sellers must be businesses registered in Malaysia and must give BMO accurate business, contact and payout bank account details, and keep them up to date.

10.2 Sellers must describe their Goods accurately, keep prices, stock and delivery charges up to date, and only list Goods they are allowed to sell that are lawful, genuine and meet applicable Malaysian standards and regulations.

10.3 Sellers must fulfil paid orders and deliver the Goods as described, mark orders as shipped only when the Goods have been sent, and keep Buyers informed of any delay. A Seller paid before shipping must ship the Goods by the date agreed with the Buyer, or refund the Buyer in full.

10.4 Sellers must follow BMO’s Refunds and Return Policy, including refunding Buyers directly after the Seller has been paid for an order.

10.5 Sellers may use a Buyer’s personal information only to fulfil the order and provide after-sales service, must protect it in line with the Personal Data Protection Act 2010, and must not use it for marketing without the Buyer’s consent.

10.6 Sellers are responsible for their own taxes and for issuing any invoices required by law for the Goods they sell.

10.7 Fees and payouts for online orders are set out in section 4.

10.8 BMO may pause or remove a Seller’s listings, or pause or end its online selling, if the Seller breaches these Terms and Conditions or the Refunds and Return Policy.