1. GENERAL TERMS AND CONDITIONS

    1.1 DEFINITION
    1.1.1 “Company” refers to GPHS Management Sdn Bhd (20dB Hearing) (Company No.: 767440-V)
    GPHS MANAGEMENT SDN. BHD., 20dB, 2nd Floor, 72-C, Sublot 4, S3 Curve, Jalan Simpang Tiga, 93300 Kuching, Sarawak, Malaysia
    1.1.2 “OSP” refers to Online Store Policy
    1.1.3 “T&Cs” refers to Terms and Conditions
    1.1.4 “Purchase” refers to submission of online order
    1.1.5 “Purchaser” refers to buyer or customer who purchases
    1.1.6 “Website” refers to Online Store (http://www.20dbhearing.com/hearing-aids/)
    1.1.7 “Products” refers to the items that are listed or featured in the “Website” (see 1.1.6)
    1.1.8 “Selling Price” refers to the price of the product which excludes any additional charges
    (also see clause 3.6)
    1.1.9 “Operating Hours” refers to the Company’s business operation time which is “Monday to Friday: 9:00am to 5:00pm AND Saturday: 9:00am to 3:00pm”
    1.2 The clauses stipulated in the entire OSP are the T&Cs which the Purchaser and also the Company shall adhere to or abide to, unless otherwise expressly provided.
    1.3 Should there be ambiguity of T&Cs or cases arise that cannot be resolved through this OSP, the Company reserves the rights to make the final decision on rectifying or settling the matter(s) by taking into consideration the requirements of all relevant parties’ involved in accordance with the best practices in the industry and applicable laws and regulations.
    1.4 Purchaser is responsible to read and understand the OSP clearly before performing any purchases. Should the purchaser submitted the online order and the business transaction is successful, the purchaser has entered or agreed to the T&Cs as per the date of submission.
    1.5 Upon the successful transaction of the purchase, the purchaser is responsible to provide detail, complete and accurate information to the Company to ensure the product purchased is successfully delivered. (also see 10.0 PRIVACY AND CONFIDENTIALITY OF INFORMATION)
    1.6 the Company shall not responsible for the delay of the delivery or failure of the delivery due to incomplete or inaccurate information provided as per required in the clause 1.5
    1.7 The T&Cs stipulated in this OSP shall supersede or prevail over any T&Cs raised by the purchaser which includes purchaser’s requirements, either in writing or verbal communication that has been expressly provided to our Company after the submission of online order is successfully made.
    1.8 The Company shall review the OSP and made any changes, addition or deletion to the T&Cs from time to time, if required.
  2. MEMBER ACCOUNT REGISTRATION AND PROTECTION
    2.1 Before purchaser can start submitting an online order, new purchaser is required to establish, register or open a member account with the Company through this site: http://www.20dbhearing.com/login/
    2.2 Purchaser is advised to provide detail, complete and accurate information during the registration of the member’s account. This is to allow the Company to reach the purchaser should the Company is required to inform/update/re-confirm with the purchaser. (also see clause 3.9, 5.2, 8.2 & 9.2).
    2.3 Related to clause 2.2, in the event the Company is unable to reach the purchaser after numerous efforts have been made, at least three (3) working days from the date of its first effort, clause 1.3 shall be observed
    2.4 Purchaser’s account’s password is vital. During the registration process, purchaser is advised to use combination of unique letters, numbers and symbols for the setting of the password.
    2.5 Purchaser is liable for all the actions taken on the purchaser’s established account. Therefore, purchaser shall not disclose the account’s password and/or any personal information to anyone.
    2.6 Should purchaser loses control of the account’s password, purchaser may lose substantial control over all the personal information. In such event, purchaser must immediately notify the Company to reset the password.
    2.7 The Company shall never request for purchaser’s account password either through writing such as e-mail or letter OR through verbal communication such as telephone. Should purchaser receives such enquiry, immediately report the incident to the Company. (also see 10.0 PRIVACY AND CONFIDENTIALITY OF INFORMATION)
    2.8 Should purchaser is able to access our Website from a shared computer or a computer in an internet café, a PC room or a library, certain information about the purchaser, such as user ID, activity or reminders from the Website, may also be visible to other individuals who uses the computer after you. To protect your personal information or communication from being disclosed to others, please log out, clear the cache/history and close the web browser after using our Website.
  3. PURCHASE
    3.1 Purchaser can select and view each product in the Website by clicking the image of the product
    3.2 Purchaser shall then determine the quantity of the product to be purchased by clicking the “Add to Cart” button and “Checkout” button when selection and determination is done.
    3.3 Any changes to the purchase can be made at the Online Store Shopping Cart in terms of quantity and product selection. Once confirmed, purchaser shall click the “Checkout” button to complete the purchase process.
    3.4 Selling Price displayed or indicated in the website at the point of time, is final or confirmed.
    3.5 All products are sold in Malaysian Currency, Ringgit Malaysia (RM), unless otherwise, displayed or indicated in the website
    3.6 Purchaser is responsible to pay any additional charges incurred (if there is) such as, but not limited to the followings:
    3.6.1 Tax imposed
    3.6.2 Delivery charges (shipping or courier)
    3.7 There are instances whereby inevitable factors beyond the control of the Company affect the change of the Selling Price after the purchase is confirmed by purchaser
    3.8 The Company, at its discretion may refuse to accept an order made by the purchaser for any reasons, which include unavailability of product(s).
    3.9 In such event as mentioned in clause 3.7 and 3.8, every effort shall be made by the Company to reach the purchaser to inform/update/re-confirm purchaser’s intent whether to proceed with the order. Therefore, detail, complete and accurate personal information is vital to allow the Company to reach the purchaser (also see 2.2). Unless, otherwise, such efforts fail, clause 2.3 shall be observed.
    3.10 Should purchaser notices purchase confirmation error OR wishes to make changes after the purchase is confirmed, purchaser must inform/update the Company immediately via the followings (also see clause 4.3):

    • Confirmation email to finance@20dbhearing.com OR
    • Fax to +6082-422032 AND
    • Contact our Careline at 1800-88-2032 (during Operating Hours) and/or email to customercare@20dbhearing.com

    3.11 Should the purchaser intend to cancel the purchase after the purchase is confirmed, this shall subject to clause 1.3 OR 5.3

  4. PAYMENTS
    4.1 Purchaser shall make full payment or settlement for the purchase(s) made.
    4.2 Payment or settlement can be made through the following methods:
    4.2.1 Paypal,
    This method is fast, safe and easy without the need to disclose your credit card or other financial information.
    4.2.2 Bank Transfer – online transfer or manually bank-in:

    • Bank Name : Public Bank Berhad (767440-V)
    • Account Name: GPHS Management Sdn. Bhd.
    • Account Number: 3176498631
    • Bank Name : MayBank Berhad
    • Account Name: GPHS Management Sdn. Bhd.
    • Account Number: 511234011913

    4.2.3 Any acceptable method by the Company
    4.3 Purchaser is responsible to notify the Company of the remittance of payment through the payment method undertaken via the followings:

    • Confirmation email to finance@20dbhearing.com with the evidence of payment has been made OR
    • Fax to 082-422032 with the evidence of payment has been made; AND
    • Contact our Careline at 1800-88-2032 (during Operating Hours) and/or email to customercare@20dbhearing.com

    4.4 During the confirmation of remittance of payment process, the Company may request for relevant information to verify and validate the payment/settlement has been made. The information obtained shall be strictly regarded as private and confidential for the verification purpose only (also see 10.0 PRIVACY AND CONFIDENTIALITY OF INFORMATION)

  5. CONFIRMATION OF PURCHASE AND PAYMENT/SETTLEMENT
    5.1 Once full payment/settlement is successfully cleared or received by the Company, the Company shall issue an email notification of confirmation of purchase(s) and acceptance of payment remittance to the purchaser.
    5.2 During the lead time of the confirmation status (issuance of email notification of confirmation of purchase(s) and acceptance of payment remittance), the Company reserves the right to stop processing or cancel the purchase order. In such event, purchaser shall be notified of the action taken and full refund shall be made by the Company (also see clause 2.2 and 2.3).
    5.3 However, should the purchaser cancels the purchase order during the lead time of the confirmation status (issuance of email notification of confirmation of purchase(s) and acceptance of payment remittance), the full payment/settlement which has been successfully cleared or received by the Company shall be forfeited.
  6. PRODUCT DELIVERY
    6.1 Product shall only be delivered once full payment/settlement is successfully cleared or received by the Company AND an email notification of confirmation of purchase(s) and acceptance of payment remittance has been issued to the purchaser by the Company. 6.2 Upon the completion of clause 6.1, the Company, at its discretion, shall engage shipping or courier company to ensure delivery of the product is made
    6.3 As per clause 3.6.2, delivery charges shall be borne by the Purchaser. This includes delivery charge for product return, unless otherwise, expressly provided by the Company.
    6.4 The Company shall make every effort to ensure delivery is within the stipulated time frame as per the engaged shipping or courier company’s delivery timeframe policy AND also to ensure that the delivery is successful. However, the Company is not be liable for any losses, liabilities, costs/charges due to damages or late delivery or any incidental charges occurred which is/are beyond the control of the Company, due to the negligence and accidental/incidents experienced by the engaged shipping and courier company as well as incomplete/inaccurate information given or supplied by the purchaser.
    6.5 In the event where the product delivered is/are defective upon receipt or is not successfully delivered, purchaser is responsible to inform/update/re-confirm with the Company
  7. WARRANTY
    7.1 We warrant that:
    7.1.1 the Product(s) delivered is/are undamaged and is/are in excellent condition; and
    7.1.2 the Product(s) conforms with the manufacturer’s latest published instructions as stated on the Website or in our Product(s) material at the time of order.
    7.2 The Product(s) is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the website or as on the Product(s). It is purchaser’s responsibility to ensure that the use of product is strictly in accordance to the instructions.
  8. PRODUCT RETURN AND MONEY REFUND
    8.1 The purchaser may return the product within seven (7) days after date of receipt of delivery, should the parcel/package is still intact/untouched or unopened.
    8.2 Should the product accepted is said to be faulty, purchaser shall keep the product(s) in its current condition, available for us to inspect within a reasonable time or prior to Company’s investigation on the claim and/or justification made, in order to provide you with solution for receiving the faulty product(s). The Company may require assistance and prompt provision of certain information regarding the faulty/defect. 8.3 The Company shall not refund the purchaser should the Company notices that product has been modified/altered, used or subsequently damaged due to the action of the purchaser, in accordance to, but the not limited following examples:
    8.3.1 Misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
    8.3.2 been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
    8.3.3 been dealt with or used contrary to our or the manufacturer’s instructions for the Product(s); or
    8.3.4 Deteriorated through normal wear and tear, after delivery. The Company, at its discretion shall decide not to repair or replace
  9. RESELLING OF PRODUCT
    9.1 Reselling of any products after the purchaser has purchased from the Website, is strictly prohibited. 9.2 Should the Company learnt that the purchaser has conducted such manner, the Company shall monitor purchaser’s account, reserves all rights to enquire purchaser on the information received and take any necessary action against the purchaser
  10. PRIVACY AND CONFIDENTIALITY OF INFORMATION
    10.1 The Company safeguards purchaser’s information and keep it as private and confidential all the times, in accordance with the best practices in the industry and applicable laws and regulations.
    10.2 When purchaser registered a member account, completing all the personal information, providing additional information such as financial information during the purchase transaction, the purchaser agrees and accepts to our privacy and confidentiality of information policy.
    10.3 All information regarding purchaser, including but not limited to:
    10.3.1 Email address, contact details, gender name, date of birth and residential or delivery address
    10.3.2 Financial information such as credit card, debit card or bank account numbers (depending on the service used),
    10.3.3 Additional information required to authenticate purchaser’s details or purchase(s),
    10.3.4 Billing and other information you provided remain at all times the property of the Company. The Company expressly agrees and represents that any purchaser information provided hereunder is being provided solely to facilitate any purposes including, but not limited to marketing purposes. The Company represents and warrants that it shall not resell, broker, or otherwise disclose any purchaser information to third party, in whole or in part, for any purpose whatsoever.
  11. RESTRICTION OR PROHIBITION
    11.1 Purchaser agrees:
    11.1.1 not to use this Website or Content in explicit manner
    11.1.2 not to copy, modify or create derivative works involving the Content;
    11.1.3 not to misrepresent your identity or provide us with any false information in any information-collection portion of this website, such as a registration and payment confirmation;
    11.1.4 not to take any action intended to interfere with the operation of this Website;
    11.1.5 not to directly or indirectly authorize anyone else to take actions prohibited in this section;
    11.1.6 to comply with all applicable laws and regulations while using this Website or the Content. You warrant that you are at least 18 years of age.
    11.1.7 Not to post any content in which is profane, rebellious, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or where the transmission of which could violate or facilitate the violation of, any applicable law, regulation, or intellectual property rights.
    11.1.8 To responsible for the content of any postings. In the event where by posted contents violated the above mentioned clauses, the Company shall remove partial, or the whole contents
    11.2 The Company may preserve and access a backup-copy, and disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of the company
    11.3 Any content submitted by purchaser is for non-commercial use only and will be routed through the Internet and therefore, purchaser shall understand and acknowledge that no expectation of privacy with regard to any content submitted. It is henceforth that purchaser has granted the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media.
    11.4 Purchaser has granted the Company and any of its sub-licensees the right to use the name that purchaser has submitted in connection with such content.
    11.5 Purchaser shall represent and warrant that purchaser owns or otherwise control all of the rights to the content that is/are posted; that the content is accurate; that use of the content you supply does not violate these T&Cs and shall not cause injury to any person or entity; and that purchaser indemnify 20dB Hearing or its affiliates for all claims resulting from content purchaser provided.
  12. TRADEMARK
    Purchaser shall observe that all products bearing the Company’s name and logo, design marks and slogans are the trademark of 20dB Hearing.
  13. INTELLECTUAL PROPERTY RIGHTS
    The Company is the owner or the licensee of all intellectual property rights in the Website, and all the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  14. ENQUIRY
    Should purchaser have any enquiries, kindly email/write/contact to us