General

1. When you purchase any product (the “Product(s)“) and/or any other services (the “Service(s)”) from ATC Education Sdn Bhd (“us“, “we“, “our“) on www.clever.edu.my (the “Website“), you conclude a legally binding agreement with us based on these Terms of Purchase. Each order under which you purchase Product(s) and/or Service(s) shall be referred to as an “Order“.
   
   2. You should read these Terms of Purchase together with the Terms of Use, the Personal Data Protection Privacy Policy, and the Cookie Policy. The Terms of Use and the Privacy Policy shall be incorporated into these Terms of Purchase by reference.
   
   3. In the event of any inconsistency between these Terms of Purchase, Terms of Use, and the Personal Data Protection Privacy Policy, these Terms of Purchase shall prevail.
   
   4. You agree that we may modify these Terms of Purchase without liability and without prior notice to you. The modified Terms of Purchase will be posted on the Website, and will come into effect from the date of such posting. You are advised to check for updates to these Terms of Purchase regularly, prior to purchasing any Product(s) on the Website.
   
   5. You understand that you must, at your own cost, provide telecommunication services, computers and other equipment or services necessary to access the Website. You must comply with all the rules and regulations that apply to the means that you have used to access the Website (e.g. Internet access).
   
   6. We will do our best to check the Website for viruses but we do not warrant that the Website is free of viruses or other malicious content.
   
   7. All decisions and determinations made by us under these Terms of Purchase are final.

Product(s) – Description and Prices

8. We may temporarily or permanently remove any Product(s) and/or Service(s) from the Website at any time, with or without notice to you.
   
   9. All Products sold through the Website are intended for domestic use only; the Products are not suitable for commercial or industrial use unless expressly stated.
   
   10. We try our best to make sure that all information on the Website, including descriptions of the Product(s) and/or Service(s) and listed prices are accurate at all times.
9. When browsing the Website, the colours of Products may vary depending on a number of factors, such as the display settings of your computer monitor.
   
   12. Pictures and images on the Website are for illustration purposes only. For an accurate description of any Product and details of what is included with the Product, please read the Product description.
   
   13. Unless otherwise stated, all Product prices shown on the Website are quoted in Malaysian Ringgit and are inclusive of applicable taxes.
10. 
    However, the Product prices are not inclusive of Service fees, which will be added to your total Order price.
    
    15. We do not guarantee that:
    
    (a) the Product or Service prices on the Website will be the same as the in-store prices (and vice versa);
    
    (b) any promotion that is offered on the Website will be available in-store (and vice versa); and
    
    (c) any Product or Service that is offered for sale on the Website will also be offered for sale in-store (and vice versa).
11. We reserve the right to adjust prices, Products, Product descriptions, Services, Service descriptions and special offers at any time and at our discretion.

Placement of Orders

17. When you place an Order, you represent and warrant to us that:
    
    (a) you are above 18 years of age;
    
    (b) if you are not above 18 years of age, you have obtained the consent of your parent or guardian to place the Order;

(c) you are duly authorized to use the customer account under which you have placed the Order

18. 
    You will also need to provide us with an active email address and a telephone number so that we can easily contact you.
    
    19. Your Order counts as an offer to purchase the Product(s) and/or Service(s) from us, at the prices set out on the order confirmation email.
    
    20. After placing your Order, you will receive an order confirmation email. This contains an order number, details of the Product(s) & Service(s) you have ordered and the total cost of the Order
    
    21. The Order confirmation email does not constitute our acceptance of your Order.
    
    22. The sale of Products is subject to availability. If any Product that you have ordered is not in stock, we will contact you.
    
    23. Your Order is only accepted by us when we send to you the Delivery Notification email.

Delivery of Orders

24. All delivery services are provided by our third party service provider.
25. All delivery services are provided by our third party service provider, and you acknowledge that such delivery services are provided to you directly by them.
26. The delivery fees are based on the delivery of one Order to a single address within Malaysia. Promotional delivery fees may apply at our discretion and may be withdrawn at any time before the Order is confirmed.
    
    27. We will try our best to meet your chosen delivery date and timeslot, however there may be times where we are unable to do so, and when this happens, we will contact you to re-arrange the delivery date and timeslot.
    
    28. You shall inform us of any delivery restrictions or difficulty in accessing your property when you place an Order, and ensure that the relevant permissions are obtained from the building/residential management prior to the scheduled delivery date. If we are unable to deliver on the confirmed delivery date and timeslot due to any difficulty in accessing your property, a re-attendance fee shall apply for the next delivery attempt. We are not obliged to complete the delivery of your Order prior to receiving payment of the re-attendance fee.
    
    29. Our service providers are not obliged to wait for you to grant our service providers access to the property as they will have to fulfil other deliveries scheduled for the day. If they leave, any attempt at re-delivery shall be subject to a re-attendance fee.
    
    30. On delivery, it is your responsibility to examine the Product(s), check the condition of the packaging and ensure that the correct number of packages has been delivered and you will be asked to sign the proof of delivery to confirm this. If there are any issues, you should detail this accordingly on the proof of delivery. If you refuse to sign the delivery document, this will be taken as refusal to accept delivery.
    
    31. Please make plans to be available to accept your delivery. If you are not available, there must be a person aged 18 years and above that is capable of receiving delivery on your behalf, and you agree that we can rely on such person’s instructions as if they were your own. We are not obliged to verify that that person has been authorized by you to receive delivery of the Order. Our service providers are not permitted to leave any Product(s) that have not been signed for. In the event of an unsuccessful scheduled delivery, a re-attendance fee shall apply for the next delivery attempt. If your new delivery date exceeds 5 days from the date of your Order, you may incur additional storage fees at the prevailing rates. We are not obliged to complete delivery of your Order or provide any additional services that you have requested prior to receiving payment of additional fees (if applicable).
27. For Clients or Customers in East Malaysia, if you do not collect your order within 2 weeks, the items will be sent back to the store. Please contact us at support@clever.edu.my to arrange for refund of products. Service fees will not be refunded in any case.
28. In the event of any unforeseen circumstances (such as lorry breakdown, traffic accident, major traffic delays or severe weather) we will do our best to contact you to rearrange an alternative delivery date and timeslot.
    
    34. Every effort will be made to deliver the Product(s) to your stipulated address, provided that it is safe and feasible to do so. If our service providers are of the view that it is unsafe to their personnel or to any other person to deliver the Product(s) to the address or that any attempted delivery is likely to cause damage to the Product(s) or to the property at the stipulated address (including surrounding property), they will let you know and if you still decide to proceed with the delivery, we will not be liable for any damage caused to the Product(s) or any property.
    
    35. We will not be responsible for any damage to your property if you fail to comply with thisDelivery of Orderssection.

Changes to and cancellation of Services

36. Any changes and cancellation of Services are not allowed after payment is confirmed. Please contact us at support@clever.edu.my for further assistance.

Changes to and cancellation of Orders

37. Any changes and cancellation of Orders are not allowed after payment is confirmed. Please contact us at support@clever.edu.my for further assistance.

Returns

38. You can return any Product within 14 days of the date of your Order, provided that the Product:
    
    (a) is new;
    
    (b) is unused;
    
    (c) has its packaging intact (if applicable);
    
    (d) if already assembled, is in our absolute discretion, in re-saleable condition.
    
    39. If we are of the view that the returned Product does not fulfil the returns criteria, we may refuse the return of the Product or instead offer an exchange or discount vouchers.
39. We will only process your refund after we have received and inspected the returned Product. All refunds will be made through your original payment method if applicable.
    
    41. Service fees (if applicable) are not refundable, unless otherwise permitted by us.
    
    42. You can either return a product in-store for Peninsular Malaysia or at collection points for East Malaysia, or you can request that our service providers collect the Product from your address if your location is within Klang Valley.
    
    43. You can contact us at support@clever.edu.my if you need our service providers to collect the Product from your address. You will need to provide us with your Order number, the details of the Product to be returned. Collection fees are applicable, unless you are returning the Product to us as a result of a mistake committed by us, and we will advise you of such fees when we process your request. Upon receipt of the applicable collection fees, we will then arrange for our service providers to collect the Product from your address.
    
    44. If you choose to return the Product in-store, you will have to bring along the hard copy printout of the electronic invoice, and the payment card with which you paid for the Product(s) if applicable.
40. For returns at our Collection Points in East Malaysia, please call us at support@clever.edu.my so we can provide you with the web return number. You will need to provide this reference number along with the printed copy of the tax invoice when you drop by the Collection Point.
41. For East Malaysia parcel orders, please call us at support@clever.edu.my so we can provide you with the web return number.

Our Liability

47. All Product(s) are provided “as-is”. We, our affiliates, officers and employees give no guarantee, representation or warranty, whether express or implied, in respect of the quality or fitness for a particular purpose of any Product.
48. We will, under no circumstances, be liable for any loss or damage suffered by you or anyone else arising from any:
    
    (a) modification to the Product that has not been authorised by us in writing;
    
    (b) use of the Product in a manner that has not been authorised by us in writing, or in a manner that not in accordance with how the Product will be used by a reasonable person;
    
    (c) disregard of any safety instructions or guidelines that we have prescribed; and/or
    
    (d) failure to comply with these Terms of Purchase.
    
    49. We will not be liable to you under contract, tort, statute or otherwise for any: (i) indirect, consequential, collateral, special or incidental loss or damage; (ii) loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment, claims of third parties or any associated and incidental costs or expenses; or (iii) losses that are not reasonably foreseeable at the time your Order is accepted, in each case suffered or incurred by you in connection with any Order, any Product or any services procured under these Terms of Purchase or otherwise.
49. Any condition or warranty which may be implied or incorporated into these Terms of Purchase by reason of statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality and fitness for purpose) is hereby expressly excluded to the maximum extent permitted by law.
50. Subject to the above and to satisfactory proof, our entire liability to you for a claim in connection with any Order, whether under these Terms of Purchase or otherwise, shall be limited to the Order price.

652 Despite the limitations in the paragraphs above, we do not in any way limit our liability to you for death, personal injury or fraud.

53. Where you buy as a consumer, these Terms of Purchase will not affect your rights under law which cannot otherwise be excluded.

Electronic Invoices and Credit Notes

54. You agree that all tax invoices or credit notes in respect of any Order made on the Website will be issued to you electronically via the e-mail address you have provided to us. No hard copy invoices will be issued to you. In the event that you have any queries or concerns relating to your receipt of electronic invoices and credit notes, please contact us through the contact information provided.

Force Majeure

55. We will not be responsible for any delay or failure to comply with these Terms of Purchase if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods.

Quantity Limit

56. To ensure our Products are available to more customers, we reserve the right to limit quantities available for purchase. Quantity limits may be applied per order, per person or household, or to orders that use the same credit card, debit card or E-wallet account; billing and/or delivery address; or share any other account or order attribute. We reserve the right to cancel orders if you attempt to circumvent quantity limitations (e.g. by using multiple email addresses or accounts to order more than a stated limit or by placing multiple, excessive orders of the same product, etc).

Entire Agreement

57. Unless otherwise provided herein, these Terms of Purchase embody all the terms and conditions agreed upon between us as to the sale and purchase of Product(s) and/or Service(s) described herein, and cancels all previous proposals, agreements, representations and undertakings, if any, between us with respect to the subject matter hereof, whether written or oral, notwithstanding the existence of any provision in any such prior agreement that any such rights or provisions shall survive its termination.

Waiver

58. If you commit any breach of these Terms of Purchase and we take no action, we will not be taken to have waived our rights against you, and will still be entitled to exercise our rights and remedies at a later stage or in any other situation where you commit another breach these Terms of Purchase.

Invalidity

59. In the event that one or more of the terms set out in these Terms of Purchase is held to be invalid, illegal or unenforceable by a competent authority, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the remaining terms shall continue to be valid and enforceable.

Privacy

60. Personal information, such as your contact details, that you provide to us during the Order process will be kept and used by us in accordance with our
    
    Personal Data Protection Privacy Policy
    
    Read here

Third-Party Rights

61. No person who is not a party to these Terms of Purchase shall be entitled to enforce or enjoy the benefit of these Terms of Purchase.

Dispute Resolution

62. If you have a dispute with us, please attempt to resolve it with us informally by contacting us at support@clever.edu.my

Governing Law and Jurisdiction

63. These Terms of Purchase shall be governed by and construed in accordance with the laws of Malaysia, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia.

Conflict

64. In the event of any conflict between this English language Terms of Purchase and its corresponding Bahasa Malaysia Terms of Purchase, the terms in this English language Terms of Purchase shall prevail.

Notices

65. All notices, requests, and other communications may be sent to us at:
    
    Email: support@clever.edu.my