Highcare Terms & Conditions

1) Definitions

1.1 Contract means a contract for sale by HSN to the Customer of the Products and/or services incorporating these Terms and Conditions.
1.2 The terms “The Site” or “This Site” refers exclusively to this website, or this specific Highcare that is owned and operated by Highpoint Service Network Sdn Bhd.
1.3 Customer means the person or legal entity identified in HSN Quotation or Invoice.
1.4 HSN means Highpoint Service Network Sdn. Bhd.
1.7 Order Confirmation means the acknowledgement of Products ordered by Customers.
1.8 Dispatch means the process in which orders are prepared and leave the HSN warehouse.
1.9 Delivery address means the place designated by the Customer and agreed to by HSN for delivery of Products.
1.10 Price means the price as per HSN Quotation and Order Confirmation.
1.11 Products means the products as described in Order Confirmation and may include products and other offerings.
1.12 Standard Warranty means the warranty that comes standard with purchases from HSN, as set out in clause 13 of these Terms and Conditions.
2) Membership Eligibility
Our services are only available to, and may only be used by, natural persons and corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, you must not use our services. Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the member who is registered on the account.
Your membership is not transferable. Your Acer account may not be dealt with by any third part apart from yourself in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account to us. 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.
3) Privacy
HSN has a Privacy policy which applies to all registered members of this site and forms part of this Agreement. We may, without notice to you, either before or after disclosure, disclose information about you to government or other authorities, as permitted by the Privacy Policy. For further information on privacy please click here to view the full Terms & Conditions
4) Indemnity
You agree to indemnify and hold HSN and (as applicable) HSN’s related entities, affiliates, respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
5) Legal Compliance
In addition to this Agreement, you must familiarise yourself with, and comply with any policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
These Terms and Conditions (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these Terms and Conditions prior to becoming, and as a condition of remaining, a member of this Highcare site, and you agree to be bound by them. These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia and are subject to the non-exclusive jurisdiction of the courts of Malaysia.
6) Credit Card Payment Terms and Conditions
Acer takes your privacy and credit card security very seriously. Every credit card transaction is handled by our appointed third-party service provider.
In addition to any additional terms contained in Highcare website, the following terms shall also apply to the following types of payment:
Credit Card
Credit Card payment option is available for all Buyers. Highcare accepts all Malaysian Visa and MasterCards, that is 3D Secure (Verified by Visa, and MasterCard Secure) enabled.
If a non-Malaysian bank-issued credit cards is not accepted, payment by a foreign credit card should not be accepted by the system which cause the discrepancy in payment.
Direct Bank In
Customers who select to pay this way are reminded that payment is expected within three (3) business days to ensure the order is not cancelled. If bank-in is selected, HSN ought to have verify the payment is fully cleared before shipment.
The shipment process can only begin after payment has fully been received by HSN.
7.1) Formation of Contract
The products sold and/or services rendered are subject to these Terms and Conditions. The Customer acknowledges that they are aware of the contents of and agree to be bound by these Terms and Conditions. Neither HSN's acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order will be deemed an acceptance of such terms and conditions or a waiver of the provisions.
7.2) Products Orders, Price and Payment
7.2.1 Products and/or services must be paid for in full before physical delivery of products and/or services.
7.2.2 All pricing is as per the product published on the Highcare and are agreed upon at the time of purchase. Prices may vary from time to time without affecting any prior purchased products. The price includes the cost of packaging and delivery charges. The prices are exclusive of, and Customer shall pay or reimburse HSN for all value added (VAT), sales, use, excise, withholding, personal property, goods and services and other taxes, governmental fees, levies, customs and duties, additional bank charges, shortfall due to foreign exchange rate resulting from Customer’s purchase. For avoidance of doubt, the Customer shall reimburse HSN in the event the payment received by HSN is less than the price stated in the invoice.
7.2.3 Please note that there are cases when an order cannot be processed for various reasons. This site reserves the right to refuse or cancel any order for any reason at any given time. In addition, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before the order is accepted. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. 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.
7.3) Software
7.3.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. The Customer acknowledges its obligations to abide by such license agreements. The Customer acknowledges that Acer does not make any express warranty in relation to any software under these Terms and Conditions of Sale. In addition to any rights the Customer may have under statute, all software is warranted in accordance
7.3.2 All rights, title or interest in respect of the intellectual property rights in the software remain with HSN or the licensor of the software at all times.
8) Title and Risk
8.1 Title to and risk in the Products passes to the Customer upon delivery of the Products to the Customer. Title to those products, which are software, shall remain with the applicable licensors at all times.
9) Delivery
9.1 HSN will provide standard delivery and will deliver the Products to the delivery address within Malaysia stated on the order at the time of delivery. If for any reason we are unable to deliver to the delivery address, we reserve the right to cancel, without any liabilities or penalties, the order placed by the Customer and will issue a full refund for any payment made.
9.2 HSN wishes to advise that delivery/fulfilment of orders may be under aken by HSN’s business partners/3rd party fulfilment partners. Any dates provided by HSN for the delivery of the Products are estimates only. Actual delivery date will be affected by factors such as the Customer's location and availability of parts for the Products. Furthermore, HSN will not be liable for any delay in delivery of the products and/or services, howsoever caused.
9.3 HSN may revise and/or discontinue Products at any time without notice.
9.4 Delivery is subject to the availability of the stock at the time of dispatch. HSN will endeavour to fulfil all orders, however makes no guarantees of the availability of stock at the time of dispatch.
9.5 If by any circumstance, any product is not available at the time of dispatch, Acer may at its full discretion, offer a suitable alternative or fully refund the product as well as any accessory or service purchased along with the line item.
10) Acceptance of Products
By receiving the item, the customer is deemed to have accepted delivery of the product.
11) DOA (Defect On Arrival)
HSN will arrange to collect the products and organize a replacement if the following conditions apply:
(a) The products are damaged in transit
(b) The products are not delivered (e.g. lost in transit)
(c) The wrong configuration is sent
The requirements for DOA are as follows:
It is within 24 hours from the received date;
You have proof of purchase (transaction ID/order number, invoice, delivery order, bank statement);
The goods must be in new condition and returned in the original packaging along with all original accessories .
The product must not have been used or installed or had any data inputted; and
All sealed items must not be opened.
12) Returns
The general requirements for returns are as follows:
It is within seven 24 hours from the received date;
You have proof of purchase (transaction ID/order number, invoice, delivery order, bank statement);
The goods must be in new condition and returned in the original packaging along with all original accessories
The product must not have been used or installed or had any data inputted; and
All sealed items must not be opened.
The Customer will need to return the Product to HSN at his own risk and incur any related delivery charges. The Customer shall insure the shipment to avoid risk of damage or loss of the returned Product during shipment.
HSN reserves the right to deduct an amount from the refund at the current market price for any missing or damaged items from the returned Product. Depending on the particular circumstances, Acer may impose a management fees for processing the return. All possible charges will be applied before the final refund amount is issued.
13) Warranty
WARRANTY CONDITIONS FOR ACER HARDWARE
13.1 HSN warrants that the Product you have purchased is free from manufacturing defects in materials and workmanship when dispatched from the warehouse. Your sales receipt is your proof of the date of purchase and the warranty period commences as of that date. This warranty extends only to you as the original purchaser, and is non-transferable.
13.2 During the warranty period as indicated above, HSN will, at no additional charge, replace defective parts with new parts or serviceable parts or products that are deemed by HSN’s service personnel to be equal in performance when compared to new or similarly configured products. All replaced or exchanged parts which are taken out under this warranty become the property of HSN.
13.3 HSN may decide at its own discretion to send replacements for faulty items (ie keyboard, mouse etc.) directly to the Customer who shall be responsible for the installation of the same.
13.4 This warranty automatically becomes void if the Product has been physically damaged or rendered defective (a) as a result of an accident, misuse, abuse, or other circumstances beyond Acer's control: (b) by the use of parts or peripherals not manufactured or supplied by Acer; (c) as a result of normal wear and tear; (d) by use within an improper operating environment; (e) by modification of the Product (f) by the serial number or warranty seal being removed or defaced; (g) as a result of service rendered by anyone other than an Authorised Service Provider (ASP) or (h) as a result of the product being operated otherwise than in accordance with Acer's instructions.
13.5 Software-related faults resulting from incorrect software installation or usage or software viruses or software inherent bugs shall not be considered as Product faults and may incur a charge for rectification, if requested. It is the Customer’s responsibility to keep useable archive back-ups of all data and to reload all software following any maintenance or repair work (except the operating system). Acer is not responsible for damage to, or loss of, any programs, data or removable storage media including any consequential loss or damage. Acer is also not responsible for future upgrades of software products bundled with the Products.
13.6 Chargeable hourly rates will apply to the Customer if the technician finds the problem is (a) user related; (b) caused by change in normal settings of the Product; or (c) software issues not covered under our HSN standard warranty.
This warranty does not cover -
(a) any problems relating to the installation of any software packages or; any problems arising from user deletion or modification of any preinstalled software;
(b) the Product has been altered, modified or otherwise interfered with;
(c) the failure is due to normal wear and tear;
(d) the Product has been negligently used, abused, misused or neglected;
(e) the Product has been subjected to unusual physical, environmental or electrical stress where physical or electrical connection specifications are exceeded;
(f) the Product is installed or operated otherwise than in accordance with any instructions specified by HSN;
(g) any serial numbers have been removed or defaced; the Product has been serviced by anyone other than an HSN Authorised Service Centre;
(h) any HSN product purchased from any unauthorised reseller or sourced through any unauthorised channel;
(i) the defect or failure is due to parts or peripherals other than original manufactured, which have been inserted in or connected to the Product, or;
(j) the defect or failure is due to any act, default or omission by any person other than HSN, its employees or agents or to events outside the control of HSN including vermin infestation, faulty/fluctuation mains power supply, fire, flood, accident, terrorist attack, or act of God.
For all Technical Support and Warranty enquiries, please call: 03-80266288.
WARRANTY PERIOD
HSN warranty period and method are determined by the warranty provided for each individual product and the users should refer to the warranty specific information related to that Product.
14) Liability
14.1 HSN and any of its service provider will not be liable for any loss of income, loss of profitsm loss of contract, loss of data or for any direct or indirect or consequential loss or damage of any kind howsoever ariding and whether caused by tort (including negligence) , breach of contract or otherwise and the Customer's rights are limited to those set out in these Terms and Conditions and under statute.
14.2 HSN and/or its service provider’s maximum aggregate liability under these Terms and Conditions whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product.
14.3 The Customer will indemnify HSN and keep HSN fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
14.4 HSN and the Customer agree that HSN's liability:
(a) for Products supplied under these Terms and Conditions, is governed solely by the Malaysian Consumer Law;
(b) in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent products; or the payment of the cost of having the Products repaired; OR
(c) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.
15) General
15.1 The Customer must not assign or otherwise transfer any Contracts or any of its rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Acer. Any such unauthorised assignment will be deemed null and void.
15.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
15.3 No failure or delay on HSN's part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
15.4 You consent to the processing, storage and use of information about your transaction and your contact information, including, but not limited to, names, phone numbers, address, and e-mail addresses, by HSN and HSN’s related companies to process and fulfill your transaction ("Personal Information"). HSN may also contact you to notify you about any Product recall, safety issue or service actions. Where permissible under local law, HSN may use this information to inquire about your satisfaction with HSN's Products or Services or provide you with information about other Products and Services. You may however, at any time decline to receive any further such communications from HSN. Note that it will be necessary for HSN to process your Personal Information, without which HSN will not be able to fulfil your order or fulfil the purposes described. You agree that in accomplishing these purposes, HSN may 1) transfer your information to any country where we do business; 2) provide your information to entities acting on HSN's behalf; or 3) disclose it where required by law. If your Personal Data (as defined in the Personal Data Protection Act 2010 ("PDPA") is transferred to a country or territory outside Malaysia, HSN will ensure that the recipients thereof provide a standard of protection to your Personal Data so transferred that is comparable to that which is provided under Malaysia’s PDPA. HSN will not, however, sell or otherwise transfer the personally identifiable information you provide to any third parties for their own direct marketing use unless Acer provides clear notice to you and obtain your explicit consent for your Personal Data to be shared in this manner. You may make inquiries or complaints, access or correct your Personal Information or limit the processing of your Personal Information by contacting the Data Privacy Officer via e-mail at privacy_officer@acer.com. For further information on PDPA please click here to view the full Terms & Conditions.
16)Maximum one Promotion per product
There may be campaign running at any point in time. In case multiple campaigns are related to a Product, the Customers are notified that each Product only qualifies for one promotion. In the event that multiple promotions are running on the store, a product will only be eligible for one promotion at a time.
17)Gift promotions and/or Free Gifts
17.1 Gift promotions and/or free gifts are provided as is, with one (1) week warranty. There shall be no implied warranty or fitness of use.
17.2 Gift promotions and/or free gifts are available on a first-come, first-served basis.
17.3 Gift promotions and/or free gifts are non-transferable between customers and may not be redeemed for cash.
17.4 Requests to change or cancel existing orders to add a gift promotions and/or free gifts will not be entertained.
17.5 The gift promotions and/or free gifts will be dispatched with the relevant items from your qualifying order.
17.6 The gift promotions and/or free gifts cannot be substituted for any other item, cash or credit.
17.8 This gift promotions and/or free gifts or any other promotion is subject to change at any time and without notice. Highpoint Service Network Sdn Bhd reserves the right to discontinue or change any aspect of this promotion at any time and without notice.
18) Fulfilled by Highcare
18.1 Items described as "Fulfilled by Highcare" are offered by a third-party seller. Where it concerns these items, Highpoint Service Network Sdn Bhd, its staff, and business partners related to the Highcare SPECIFICALLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE PRODUCT WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE.
18.2 During the warranty period, if a defect arises in these “Fulfilled by Highcare” items, and you follow the instructions for returning the item, we will at our option, to the extent permitted by law, either (i) repair the item using either new or refurbished parts, (ii) replace the item with a new or refurbished Device that is equivalent to the Device to be replaced, or (iii) refund to you all or part of the purchase price of the item. At no time is Highpoint Service Network Sdn Bhd, its staff and/or its business partners liable for the inability to use a product or for the inability of the product to meet the customer expectations (even if advised on the intended use).
19) TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website 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 Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
20) FORCE MAJEURE
HSN and/or its service provider shall not be liable for any failure and/or delay on its part in performing any of its obligations under these Terms and Conditions and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the Customer by reason thereof if such failure and/or delay shall be result of or arising out of a Force Majeure Event set out herein. “Force Majeure Event” means any event due to any cause beyond the reasonable control of Acer and/or its service provider, including without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, riot, hostilities whether war be declared or not, acts of government, government orders, restrictions breakdown and/or hacking of the website and/or contents provided for availing the Product under the website, pandemic, lockdown, such that it is impossible to perform the obligations under these Terms and Conditions, or any other cause or circumstances beyond the control of HSN and/or its service provider which prevents timely fulfilment of obligation of HSN and/or its service provider
21) AMENDMENTS
HSN reserves the right to amend these terms and conditions at any time. HSN shall publish the amended terms and conditions on this page.

Term And Condition

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