Welcome to the HOSPI+ website These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out By accessing the Platform and/or using the Services, you agree to be bound by Terms and Conditions and any amendments to the foregoing issued by us from time to time.

1. The Terms of Use stated herein constitute a legal agreement between you and HOSPI PLUS SDN BHD. (Company No.: 1359088-K), a company incorporated in Malaysia and having its registered address at 20-102, EQUATORIAL PLAZA, JALAN SULTAN ISMAIL, 50250, KUALA LUMPUR, MALAYSIA
2. HOSPI+ reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the USE OF THE PLATFORM AND/OR SERVICES:
   a) We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.
   b) 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.
   c) 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 unauthorized use of your password or account. HOSPI+ 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.
   d) We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
   e) TERMINATION: In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms. Upon any termination of these Terms of Use and/or other Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services 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 and/or Services 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 HOSPI+ 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 and/or Services ,your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

Basis of the Contract

1. The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it HOSPI+ or a Third Party Vendor, may be stated on the webpage listing such Goods.
2. Where the Buyer has placed an order on the Platform for the purchase of Goods sold by HOSPI+ and HOSPI+ has accepted the same, this shall constitute a Contract entered into directly between the Buyer and HOSPI+. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, HOSPI+ is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.
3. Any information made available on the Platform 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 or any information disclosed by Third Party Vendors through the chat system 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 so provided.
4. While the Seller endeavours to provide an accurate description of the Goods, neither HOSPI+ nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.
5. Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by HOSPI+ in its website shall be subject to correction without any liability on the part of HOSPI+.

Orders and Specifications

1. The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. HOSPI+ shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which HOSPI+ shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
2. Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon HOSPI+ issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, HOSPI+ shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. HOSPI+ shall furthermore be entitled to require the Buyer to furnish HOSPI+ with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3. No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from HOSPI+ and on terms that the Buyer shall indemnify HOSPI+ in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by HOSPI+ as a result of the modification or cancellation, as the case may be.

Price

1. The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to HOSPI+ in addition to the price, but it excludes the delivery charges.
2. In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which HOSPI+ shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.

Terms of Payment

1. The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to HOSPI+, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledge that HOSPI+ is entitled to collect payments from Buyer on behalf of Third Party Vendors.
2. The terms and conditions applicable to each type of payment, as prescribed by HOSPI+ on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
   a) Credit Card: Credit card payment option is available for all Buyers. HOSPI+ accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.
   Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
   b) Debit Cards: HOSPI+ accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
   c) Online Banking: By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a HOSPI+ account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. HOSPI+, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
   d) Instalment Payments via Credit Card:
   i. Only Buyers making payment for Goods by means of a credit card issued by Maybank or any other instalment payment partner banks which we may inform from time to time shall be entitled to participate in the six (6) months and twelve (12) months instalment payment plan, as provided below (“Entitled Buyer(s)”).
   ii. Entitled Buyers making minimum purchases of RM500 shall be entitled to apply to make payment for the Goods by means of the six (6) months Easy Pay Instalment Scheme whereas Entitled Buyers making minimum purchases of RM1,000 shall be entitled to apply to make payment for the Goods by means of the twelve (12) months Easy Pay Instalment Scheme, subject to a maximum purchase value of RM50,000.
   iii. For purposes of this sub-Clause, the instalment payment plan set out in sub-Clauses 5.2.4 (i) and (ii) above shall collectively be referred to as “Credit Card Instalments”.
   iv. When the Entitled Buyer purchases Goods and makes payment for the same via Credit Card Instalments, the transaction shall be handled by DCR. Each Entitled Buyer would receive a call from DCR for verification and approval. An Entitled Buyer shall only be entitled to purchase Goods via Credit Card Instalments upon verification and approval by DCR.
   v. While an approval for a Credit Card Instalments transaction is subject to the Entitled Buyer’s available balance and credit availability on his/her credit card account, DCR also shall retain absolute discretion in granting its approval to any credit card transaction.
   vi. When entering into a credit card transaction for the purchase of Goods via Credit Card Instalments, DCR’s name shall be shown as the selling merchant in the Entitled Buyer’s credit card statement.
   vii. When an Entitled Buyer makes an application to HOSPI+ for the payment of Goods via Credit Card Instalments and upon approval of the application by DCR, as provided above, the Buyer’s bank will debit the Entitled Buyer’s credit card account with the instalment payable monthly, for the duration stipulated. The Entitled Buyer’s available credit limit will be provisionally reduced by earmarking an amount, equivalent to the amount of the total purchase price for the relevant Goods, which will not be available to Entitled Buyer for the duration of the instalment payments. However, the credit limit will progressively restore on a monthly basis as repayment of each instalment amount is made monthly.
   viii. Each Credit Card Instalments may be charged a processing fee prescribed by the relevant instalment payment partner banks. This fee shall not be refundable, even if the purchase transaction is terminated, regardless of the reason of termination.
   ix. If the Entitled Buyer decides to cancel his/her orders twenty-four (24) hours after the relevant order has been confirmed and prior to shipment, HOSPI+ shall be entitled to impose a minimum of 15% of the total amount of the purchase price of the relevant Goods and the processing fee as administrative fees, in addition to the transaction fees charged by the relevant instalment payment partner banks. The balance after deduction of the administrative fees and the transaction fees will be refunded to the Entitled Buyer.
   x. In the event of cancellation of the Entitled Buyer’s credit card account, any unpaid portion of the purchase price of the relevant purchased Goods shall become immediately due and payable. Insofar as is possible, this outstanding sum shall be debited to the Entitled Buyer’s credit card without further reference payable by the Entitled Buyer.
   xi. When the Entitled Buyer chooses to make payment for purchase of Goods via Credit Card Instalments, HOSPI+’s 14-days Return Policy will no longer be applicable and the Entitled Buyer will no longer be allowed to return any items unless it is damaged to which the item shall be replaced or refunded for the amount paid. Such replacement or refund will not affect or interrupt the Credit Card Instalments. No returns for “change of mind” reason will be valid for Entitled Buyers that choose to make payment for the Goods via Credit Card Instalments.
   e) Cash on Delivery: Cash on Delivery (pay cash upon delivery) is available within the region of Klang Valley, Penang and Johor Bahru with a fee as may be prescribed by HOSPI+ for each order. HOSPI+ reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.
3. Buyer may not claim against Seller or any of its agents (which may include HOSPI+), for any failure, disruption or error in connection with the Buyer’s chosen payment method. HOSPI+ reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
4. If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:
   a) cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
   b) charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
5. All refunds shall be made via the HOSPI+ virtual payment account (“HOSPI+ Payment Account”). HOSPI+ offers no guarantee of any nature for the timeliness of the refunds reaching the HOSPI+ Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by HOSPI+. All refunds are conditional upon HOSPI+’s acceptance of a valid return of the Goods. HOSPI+ reserve the right to modify the mechanism of processing refunds at any time without notice.
6. All payments for the purchased Goods must be made to HOSPI+ using the payment methods made available on the Platform only. HOSPI+ shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

Delivery of Goods

1. Delivery of the Goods shall be made to the address specified by the Buyer in its order.
2. HOSPI+ 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.
3. Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and HOSPI+ shall not be liable for any delay in delivery or performance howsoever caused.
4. If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to HOSPI+, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If HOSPI+ fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.
5. 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 Seller’s fault) then without prejudice to any other right or remedy available to HOSPI+, HOSPI+ may:
   a) 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
   b) terminate the Contract and claim damages.
6. To know when will you receive your order, it is important to identify the source and delivery location of the item. Below shows the average time needed for an order to reach you after the seller shipped out the order  under normal condition:
   
   *Days calculation excludes public holidays which differs by state and courier’s non-working days.
   Tip: If your order is stuck somewhere and does not have any tracking status update for 3 days (excluding weekend and public holiday), please do contact us at [email protected]
7. Do note that you are only allowed to change the delivery address ONCE per order. If you are trying to change to a new address which will incur a higher shipping fee, please submit the request to [email protected]
8. Your shipping fee is auto-calculated based on the items selected in your cart. The general rule of calculation is based on number of items you order, distance of your shipping address, size & dimensions of the packaging.

Risk and property of the Goods

1. Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify HOSPI+ of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as HOSPI+’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. HOSPI+ shall be entitled at any time to demand the Buyer to deliver up the Goods to HOSPI+ and in the event of non-compliance HOSPI+ reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
2. 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 HOSPI+ has tendered delivery of the Goods.
3. 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 HOSPI+ 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 Seller to the Buyer for which payment is then due.
4. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as HOSPI+’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
5. The Buyer agrees with HOSPI+ that the Buyer shall immediately notify HOSPI+ of any matter from time to time affecting HOSPI+’s title to the Goods and the Buyer shall provide HOSPI+ with any information relating to the Goods as HOSPI+ may require from time to time.
6. 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), HOSPI+ shall be entitled at any time to demand the Buyer to deliver up the Goods to HOSPI+ and in the event of non-compliance HOSPI+ reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
7. 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 HOSPI+ but if the Buyer does so all moneys owing by the Buyer to HOSPI+ shall (without prejudice to any other right or remedy of HOSPI+) forthwith become due and payable.
8. If the provisions in this Clause 8 of these Conditions 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.
9. The Buyer shall indemnify HOSPI+ against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of HOSPI+’s rights under this condition.