Terms & Conditions

THE FOLLOWING TERMS AND CONDITIONS ARE SEPARATED INTO SECTIONS A. (FOR CONSUMER) AND B. (FOR BUSINESS)

A. TERMS AND CONDITIONS FOR PRYSM ONLINE SHOPPING – FOR CONSUMER

Please read this document carefully as it contains important information on your rights and obligations, limitations and/or exclusions that may apply to you if you are using the PRYSM Online Shopping Site run by PETRONAS Dagangan Berhad.

DEFINITIONS

In these Terms and Conditions:

• "Account" means the PRYSM Account that you will need to register on the Site in order to submit an Order on the Site;

• "Business Day" means any day in which normal business operations are conducted in Malaysia;

• "Contract" means Customer’s Order of Product(s) from the Site in accordance to these Terms and Conditions;

• "Customer" or "You" means any individual entity who submitted an Order on the Site;

• "Order" means the Order submitted by Customer to the Site to purchase a Product;

• "Order Confirmation" means an email notification sent to Customer to acknowledge Order submitted by Customer in accordance to these Terms and Conditions;

• "Partners" means those companies or establishment (and other persons) who supply goods and services under the PRYSM;

• "PDB" means PETRONAS Dagangan Berhad;

• "Product" means products and services offered on the Site;

• "PRYSM" and "Site" means Online Shopping Site run by PDB; and

• "Suppliers" means provider or company or establishment or any other persons that are engaged by PRYSM to supply the Oder.

ELIGIBILITY

PRYSM is open only to Customer aged at least eighteen (18) years of age and has the capacity to enter into a legally binding contract. For Customer under eighteen (18), parent or guardian supervision is required. As and when PDB deems fit, PRYSM may also be opened to other categories of persons or entities.

Customer must be residents of Malaysia, permanent residents or expatriates, who are currently living in Malaysia.

REGISTRATION

Customer must have a valid email to register for an Account.

Customer shall not misuse the Site by creating multiple Accounts.

Customer shall provide and maintain true, accurate, current and complete information as reasonably required when registering for PRYSM and updating. PRYSM may refuse a registration without assigning any reasons for such refusal.

By registering into the Site, Customer will be deemed to have read, understood and agreed to be bound by these Terms and Conditions as may be modified from time to time. PRYSM reserves the exclusive rights to change and/or amend, delete or add on these Terms and Conditions without prior notice to the Customer and the Customer agrees to be bound by such amendment(s).

Customer is solely responsible for maintaining the confidentiality of the Account details to any other person. Customer is responsible for the use of his/her Account, whether or not authorised by the Customer.

PRYSM may terminate an Account without notice and for any reason, including if the Customer fails to comply with these Terms and Conditions.

For Customer who does not register for an Account, you may proceed to Order from the Site as a guest and subject to the same Terms and Conditions.

PRICE AND PAYMENT

PRYSM attempts to provide all details, descriptions and prices as accurately as possible to Customers. However, PRYSM does not warrant that Product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If PRYSM discover an error in the price of any Product which Customer has ordered, PRYSM will inform the Customer of this as soon as possible and cancel the Order. If PRYSM is unable to contact Customer, PRYSM will treat the Order as cancelled. If the Order is paid however yet to be shipped to you, PRYSM will refund the Customer via store credit that Customer may utilise for next purchase.

Where applicable, prices are inclusive of SST and are in Malaysian Ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the total amount.

PRYSM is under no obligation to fulfill Customer Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).

Customer must make payment using the payment method options given at the checkout page. Customer may pay all or part of the price of the Order using a store credit or a promotional voucher by entering valid code. Physical presentation of vouchers will not be accepted.

For payment via cards, PRYSM will request pre-authorisation on your card to ensure there is sufficient fund available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Customer's card will be debited once PRYSM has sent the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If PRYSM does not receive the required authorisation, PRYSM will not be liable for any delay or non-delivery.

Upon authorisation of the payment, by clicking the “Order now” button you are confirming that the card / dealer account number / cost centre belongs to you or that you are the legitimate holder of the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.

For international delivery to PETRONAS offices, Customer is responsible to pay any customs or import duties that are charged once the Order reaches its destination country. Unfortunately, PRYSM has no control over these charges, and cannot tell you what the cost would be, as customs policies and import duties vary widely from country to country. Customer also takes full liability for all postal charges, return shipment costs, customs charges and handling fees should they refuse to accept a parcel due to import duties or taxes. Please take note that PRYSM will not undervalue orders, or mark them as a gift.

MISTAKEN ORDER AND ORDER CANCELLATION

Customer is responsible to confirm that your orders are correct before submitting to the Site. Order cancellation will not be entertained by PRYSM.

REFUSAL OF ORDER

PRYSM reserves the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. PRYSM attempts to process all Orders but there may be exceptional circumstances wherein, PRYSM may need to refuse to process an Order after sending Order Confirmation to Customer, which PRYSM reserves the right to do at any time, at our sole discretion.

If PRYSM cancels an Order and Customer has already made payment for your Order, the payment amount will be fully refunded to Customer through method determined by PRYSM.

We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.

DELIVERY

PRYSM will endeavour to deliver the Order to Customers within fourteen (14) business days upon receiving the Confirmation Order from the Customer.

Order will be delivered to address as indicated by Customer at the checkout page. PRYSM will not deliver to P.O. Box addresses and addresses outside Malaysia except to PETRONAS offices with Customer agreement as stated in Price and Payment clause above.

Customer is obliged to present ID documentation to the delivery staff, failing which the delivery staff has the right to refuse delivery and will return the Order to PRYSM or Supplier as unclaimed. Delivery of Order will be made to the address as specified by the Customer, or to the occupants at the delivery address, and where such address is an office, to any office staff. Such acknowledgment shall be deemed to be the acknowledgment of the Customer.

PRYSM shall notify Customer if the estimated delivery date is not able to be met. PRYSM shall not be liable to Customer for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

All risk in the Product shall pass to Customer upon delivery, except that, where delivery is delayed due to a breach of your obligations under these Terms and Conditions, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on PRYSM in the future.

All Orders unclaimed after twenty-one (21) days from the Order Confirmation date will be deemed as cancelled and PRYSM will provide store credit into Customer's Account, minus any administration cost incurred.

All Orders are subject to availability. Once Orders are confirmed, these Order cannot be revoked, cancelled, returned or exchanged, and Promotional Voucher will not be reinstated.

FAULTY PRODUCTS

Customers are advised to examine all delivered Orders upon receipt. If a Customer finds the Order faulty/damaged, he/she is requested to contact PRYSM (details of which are made available at PRYSM Site) within seven (7) days from receipt date. Any disputes after 7 days will not be entertained.

If PRYSM authorises a return of the damaged or defective Order, PRYSM will inform Customer and instructions for sending the returned item to the respective Supplier that have the right to receive the damaged or defective Order on behalf of PRYSM. Damaged/defective Order must be returned securely packaged and wrapped. PRYSM will not be responsible for the delivery cost of any returned Order. After receiving the damaged or defective Order, the authorised Supplier will examine and test the defective item in accordance to Customer's complaint. If the defect as described by Customer is found valid, the Supplier will deliver to Customer a replacement. However, if Supplier is not able to provide a replacement of the returned item for any reason, PRYSM will provide store credit to Customer's Account that can be used for subsequent order.

RETURN AND REFUND POLICY

This policy is not applicable to business customers.

PROMOTIONAL VOUCHER

PRYSM may offer promotional vouchers to Customer to utilise when making payment of Customer's Order. To redeem, Customer has to enter the correct code at the checkout page. Physical presentation of vouchers will not be accepted.

The vouchers are valid for use until the date specified to the terms and conditions therein. If vouchers remain unused after date specified, the vouchers will lapse and will not be replaced.

The vouchers may only be redeemed once and not to be used with other promotional vouchers. PRYSM reserves to the right to cancel any subsequent orders made by you using a voucher of the same promotional campaign.

If Customer placed an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to Customer.

If the credit of a promotional voucher is insufficient for the Order placed, Customer has to make payment of the difference using one of our accepted payment methods.

PERSONAL DATA / PRIVACY POLICY

PDB is committed in protecting the Customers' personal information in accordance with all applicable laws, rules and regulations currently in force. This applies to the collection, storage, use, disclosure, protection and accuracy of Customer's personal information collected by and under the reasonable controlled of PDB. By participating in the Site, Customer agree that any information provided by customers may be used by, and shared between PDB and its Partners or Suppliers where necessary to operate the Site in order to provide Customers with services relating to the Site, to communicate with Customers, to promote offers to Customers relating to the Site, to fulfill Customers' requests including confirmation orders and for identification purposes. From time to time, PDB may ask for additional information, to help improve its services to Customers, to create more opportunities for Customers to enjoy the Site, to follow up with Customers for feedback or to help prevent abuse of the Site. Also, Customers agree that upon notification PDB may collect other information about Customers through its database and any information may be used by PDB to analyse Customers' activity on the Site. Subject to customer's consent, PDB may also use that information, and share it with its Partners or Suppliers in order to facilitate various services to the Customers, to extend Customer benefits and special offers, and for marketing purposes including planning, product development, telemarketing promotions, surveys or research and other carefully screened marketing programmes or activities, which PDB or Partners believe are likely to interest Customers.

For further detail on Privacy Policy of PDB, Customers are advised to refer to Privacy Policy made available at PRYSM portal.

GENERAL

PDB reserves the right to cancel, terminate or suspend the PRYSM with or without any prior notice. For the avoidance of doubt, cancellation, termination or suspension by PDB of the Site shall not entitle the Customers to any claim or compensation against PDB for any and all loss or damage suffered or incurred by the Customers as a direct or indirect result of the act of cancellation, termination or suspension.

From time to time PDB may supplement these Terms and Conditions with additional terms ("Additional Terms") and customers understand and agree that such Additional Terms are hereby incorporated by reference into this Terms and Conditions.

PDB is not liable under the following circumstances;

• Any unauthorised use of Customers' Account;

• Any loss, theft or damage to any Order in the course of delivery;

• Any Product not being made available for any reason;

• Any failure by the Supplier to meet the terms and conditions to supply the Order;

• Any failure to notify Customers of any changes in these Terms and Conditions, the Product, Partners, Suppliers and/or the price which will be recorded for the purchase of the Order;

• The suspension and/or termination of the PRYSM;

• Any technical failure of system, including the PRYSM website which may impede a Customer's transaction.

In the event of any dispute, conflict, uncertainty or ambiguity relating to these Terms and Conditions hereto, or any matter involving PRYSM, PDB will resolve the matter in its absolute and unfettered discretion and the entire decision in the matter shall be conclusive and final.

English is the governing language of these Terms and Conditions and shall prevail over any translations that shall be made of these Terms and Conditions. All documents, data, descriptions, books, catalogues, diagrams, instructions, invoices and correspondence will be in English Language.

TERMS OF USE

By accessing and using the Site, you agree to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed on to which you may be directed in connection with any particular service (collectively the “Terms and Conditions”), which may be posted by PDB on the Site from time to time whether you are a "visitor" (which means that you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being registered). All such modifications will be effective upon posting on the Site and any use by you of the Site after the posting of any such modification will constitute your agreement to that modification.

Certain of the services and related features, such as access to the Site, personalization, web hosting and webmail that are made available over the Site may require registration. Should you choose to register for such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to update such information as necessary in a timely way to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any personal identification numbers or passwords identifiers which you choose or are assigned as a result of any registration over the Site, and (b) all activities that occur under such personal identification number or password. Further, you agree to notify PDB of any unauthorised use of your personal identification number or password. PDB 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 non-compliance of this Clause.

In cases where you have authorised a minor to use the Site or any of the services, you recognise that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site and any such services; and (iii) the consequences of any misuse of the Site and any such services by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.

Unless otherwise indicated, PDB owns and retains all proprietary rights in the Site. All registered or unregistered trademarks used on the Site are the property of their respective owners. The Site contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of PDB and our licensors. Except as provided within this Terms and Conditions, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, license, decompile, reverse engineering or otherwise use any content, material, software, applications or programs used in connection with the Site. Further, you agree not to modify, alter or deface any of the trademarks or other intellectual property made available through the Site not use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to you through the Site.

The Site may contain links to other third party web pages and content available which are provided to you for your convenience. All such other third party content contained on or accessible through the Site or web pages are wholly independent from this Site and PDB has no control or power over such other web pages including their content. PDB makes no endorsements, warranties or representations of any kind whatsoever regarding those other web pages, including the accuracy or appropriateness of content on such other web pages. PDB is not responsible for and makes no warranties, express or implied, as to the web pages or the providers of such web pages (including, but not limited to, the privacy practices thereof). Your decision to access any such other web pages shall be entirely at your own risk and discretion and your use of such other web pages are subject to the terms of use governing such web pages. PDB recommends that you read the terms of use of each and every web pages which you visit. PDB reserves the right in its sole discretion and without notice to: (i) terminate any and all links to this Site from any third party site, (ii) terminate any and all links from this Site to any third party site and/or (iii) terminate any web pages made available or accessible via the Site and remove any online posting thereof.

You acknowledge and agree that your correspondence or business dealings with any third parties, including the participating companies, reward providers, merchants or advertisers, found on, or through, the Site and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. PDB assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases from or other transactions with such third parties. Further, you are responsible for ensuring compliance with all applicable laws in connection with all such dealings and transactions. You agree that PDB 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, any of such dealings or transactions.

By publishing, displaying or uploading any content on or to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to PDB an irrevocable, perpetual, non- exclusive, fully-paid and worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content and to prepare derivative works of, or incorporate into other works, such content and to grant and authorize sublicenses of the foregoing, including, without limitation, through the applications, widgets, websites or mobile, desktop or other services, in any media formats and through any media channels. You represent and warrant that: (i) you own the content posted by you on, through or in connection with the Site, (ii) the posting of your content on, through or in connection with the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) you shall not post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner.

By using this Site, you hereby agree not to post any material which contains, comprises of, relates to and/or may be construed as, including but is not limited to, content that, in the sole discretion of PDB (a) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, excessive violence, or offensive subject matter; (e) publicly posts information that poses or creates a privacy or security risk to any person; (f) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (g) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (h) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or spamming; (i) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (j) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (k) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (l) involves commercial activities and/or sales without prior written consent from PDB such as contests, sweepstakes, barter, advertising, or pyramid schemes; (m) includes a photograph or video of another person that you have posted without that person's consent; (n) for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive content intended to draw traffic to the profile; or (o) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

You hereby agree not to involve, contribute, participate, engaging in any kind of activity that is illegal or prohibited on the Site. Prohibited activity includes, but is not limited to: (a) criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; (b) advertising to, or solicitation of, any person to buy or sell any products or services through the unauthorized or impermissible use of PDB. You may not transmit any chain letters or junk email to other person; (c) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site; (d) activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; (e) covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page or any other means; (f) interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site; (g) impersonating or attempting to impersonate the Site; (h) selling or otherwise transferring your profile, your email address or URL; (i) using or distributing any information obtained from the Site in order to harass, abuse, or harm another person or entity, or attempting to do the same; (j) displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site on behalf of that person; (k) relaying email from a third party's mail servers without the permission of that third party; (l) using invalid or forged headers to disguise the origin of any content, or otherwise misrepresenting yourself or the source of any message or content; (m) engaging in, either directly or indirectly, or encouraging others to engage in, click-through generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or (n) using the Site in a manner inconsistent with any applicable laws, regulations and by-laws, social customs, practices, political systems and religious beliefs.

Even though all of the above content is strictly prohibited, there is a small chance that you may become exposed to such items while using the Site. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure.PDB reserves the right to investigate and take appropriate legal action against anyone who, in PDB's sole discretion, violates this provision, including, without limitation, reporting such activity or content to law enforcement authorities.

The use of this Site is subject to the Privacy Policy, which form a part of these Terms and Conditions. PDB also collect information on the times and ways you use the Site. This information will be used for the purposes outlined in our Privacy Policy and to improve the operation of this Site.

PDB is not responsible for any incorrect or inaccurate content posted on the Site, whether made or caused by the participating companies, reward providers, merchants or advertisers or by any of the equipment or programming associated with or utilized in the operation of the Site. PDB is not responsible for the conduct, whether online or offline, of any customer or other user of the Site. Under no circumstances will PDB be responsible for any loss, liability or damage, including personal injury or death or property damage, resulting from or arising out of anyone's use of the Site, any content posted on the Site or transmitted to customers or other users or any interactions between or among customers or other users of the Site, whether online or offline. PDB assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user. PDB is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. PDB is not responsible for any injury or damage to any computer equipment belonging to any user of the Site or any other person related to or resulting from use of the Site, viewing, playing or downloading any materials on or from the Site. The Site is provided "AS IS", "WHERE IS" and "IS AVAILABLE" basis, except as otherwise prohibited by applicable law, PDB expressly disclaims any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. PDB cannot guarantee and do not promise any specific results from use of the Site. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall PDB be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if PDB has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the Site any changes to the Site and unauthorised access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Site or arising in connection with the fraudulent or unlawful acts of any third party. You specifically agree that PDB is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Site, the materials available on or through the Site or with the provisions of these Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using the Site.

The Site generates 'cookies', which are collected by web-servers to enable them to recognize your future visits. The Site uses only 'non-persistent cookies' or 'per-session cookies' which serves technical purposes like switching the languages of the Site. These cookies do not permanently record data and they are not stored on your computer's hard drive.

You acknowledge and agree that if, PDB believes that you have violated any of the Terms and Conditions, PDB, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Site or any of the services, and remove and discard any information or content that you posted to or transmitted using the Site. You further agree that PDB shall not be liable to you or to any other person as a result of any such suspension or termination.

You agree to defend, indemnify and hold PDB, its subsidiaries, participating companies, reward providers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account's: (a) violation of the Terms and Conditions, or (b) use of the Site or any of the services, or (c) placement, posting or transmission of any message, information, software or other content on the Site.

These Terms and Conditions together with our Privacy Policy and any other terms and conditions regarding the PDB website constitute the entire agreement between PDB and you regarding the subject matter of this Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written between PDB and you with respect to such subject matter.

If any provision of these Terms and Conditions are held invalid, the remainder will continue in full force and effect, and if any provision(s) is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. these Terms and Conditions shall not be construed against any party as the principal draftsperson hereof. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. PDB's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by PDB in writing.

The Terms and Conditions are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and PDB regarding the Terms and Conditions will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that the Site shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by PDB in and from Malaysia.

B. TERMS AND CONDITIONS FOR PRYSM ONLINE SHOPPING – FOR BUSINESS

Please read this document carefully as it contains important information on your rights and obligations, limitations and/or exclusions that may apply to you if you are using the PRYSM Online Shopping Site run by PETRONAS Dagangan Berhad.

DEFINITIONS

In these Terms and Conditions:

• "Account" means the PRYSM Account that you will need to register on the Site in order to submit an Order on the Site;

• "Business Day" means any day in which normal business operations are conducted in Malaysia;

• "Contract" means Customer’s Order of Product(s) from the Site in accordance to these Terms and Conditions;

• "Customer" or "You" means any individual entity who submitted an Order on the Site;

• "Order" means the Order submitted by Customer to the Site to purchase a Product;

• "Order Confirmation" means an email notification sent to Customer to acknowledge Order submitted by Customer in accordance to these Terms and Conditions;

• "Partners" means those companies or establishment (and other persons) who supply goods and services under the PRYSM;

• "PDB" means PETRONAS Dagangan Berhad;

• "Product" means products and services offered on the Site;

• "PRYSM" and "Site" means Online Shopping Site run by PDB; and

• "Suppliers" means provider or company or establishment or any other persons that are engaged by PRYSM to supply the Oder.

ELIGIBILITY

PRYSM is open only to business entity or entities who are officially invited by PDB to be a Customer of PRYSM. As and when PDB deems fit, PRYSM may also be opened to other categories of persons or entities.

REGISTRATION

Customer must have a valid email to register for an Account. The registered Customer is deemed authorised to create and manage the Account for the business.

Customer shall not misuse the Site by creating multiple Accounts.

Customer shall provide and maintain true, accurate, current and complete information as reasonably required when registering for PRYSM and updating. PRYSM may refuse a registration without assigning any reasons for such refusal.

By registering into the Site, Customer will be deemed to have read, understood and agreed to be bound by these Terms and Conditions as may be modified from time to time. PRYSM reserves the exclusive rights to change and/or amend, delete or add on these Terms and Conditions without prior notice to the Customer and the Customer agrees to be bound by such amendment(s).

Customer is solely responsible for maintaining the confidentiality of the Account details to any other person. Customer is responsible for the use of his/her Account, whether or not authorised by the Customer.

PRYSM may terminate an Account without notice and for any reason, including if the Customer fails to comply with these Terms and Conditions.

PRICE AND PAYMENT

PRYSM attempts to provide all details, descriptions and prices as accurately as possible to Customers. However, PRYSM does not warrant that Product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If PRYSM discover an error in the price of any Product which Customer has ordered, PRYSM will inform the Customer of this as soon as possible and cancel the Order. If PRYSM is unable to contact Customer, PRYSM will treat the Order as cancelled. If the Order is paid however yet to be shipped to you, PRYSM will refund the Customer via store credit that Customer may utilise for next purchase.

Where applicable, prices are inclusive of SST and are in Malaysian Ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the total amount.

PRYSM is under no obligation to fulfill Customer Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).

Customer must make payment using the payment method options given at the checkout page. Customer may pay all or part of the price of the Order using a store credit or a promotional voucher by entering valid code. Physical presentation of vouchers will not be accepted.

For payment via cards, PRYSM will request pre-authorisation on your card to ensure there is sufficient fund available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Customer's card will be debited once PRYSM has sent the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If PRYSM does not receive the required authorisation, PRYSM will not be liable for any delay or non-delivery.

Upon authorisation of the payment, by clicking the “Order now” button you are confirming that the card / dealer account number / cost centre belongs to you or that you are the legitimate holder of the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.

For international delivery to PETRONAS offices, Customer is responsible to pay any customs or import duties that are charged once the Order reaches its destination country. Unfortunately, PRYSM has no control over these charges, and cannot tell you what the cost would be, as customs policies and import duties vary widely from country to country. Customer also takes full liability for all postal charges, return shipment costs, customs charges and handling fees should they refuse to accept a parcel due to import duties or taxes. Please take note that PRYSM will not undervalue orders, or mark them as a gift.

MISTAKEN ORDER AND ORDER CANCELLATION

Customer is responsible to confirm that your orders are correct before submitting to the Site. Order cancellation will not be entertained by PRYSM.

REFUSAL OF ORDER

PRYSM reserves the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. PRYSM attempts to process all Orders but there may be exceptional circumstances wherein, PRYSM may need to refuse to process an Order after sending Order Confirmation to Customer, which PRYSM reserves the right to do at any time, at our sole discretion.

If PRYSM cancels an Order and Customer has already made payment for your Order, the payment amount will be fully refunded to Customer through method determined by PRYSM.

We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.

DELIVERY

PRYSM will endeavour to deliver the Order to Customers within fourteen (14) business days upon receiving the Confirmation Order from the Customer.

Order will be delivered to address as indicated by Customer at the checkout page. PRYSM will not deliver to P.O. Box addresses and addresses outside Malaysia except to PETRONAS offices with Customer agreement as stated in Price and Payment clause above.

Customer is obliged to present ID documentation to the delivery staff, failing which the delivery staff has the right to refuse delivery and will return the Order to PRYSM or Supplier as unclaimed. Delivery of Order will be made to the address as specified by the Customer, or to the occupants at the delivery address, and where such address is an office, to any office staff. Such acknowledgment shall be deemed to be the acknowledgment of the Customer.

PRYSM shall notify Customer if the estimated delivery date is not able to be met. PRYSM shall not be liable to Customer for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

All risk in the Product shall pass to Customer upon delivery, except that, where delivery is delayed due to a breach of your obligations under these Terms and Conditions, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on PRYSM in the future.

All Orders unclaimed after twenty-one (21) days from the Order Confirmation date will be deemed as cancelled and PRYSM will provide store credit into Customer's Account, minus any administration cost incurred.

All Orders are subject to availability. Once Orders are confirmed, these Order cannot be revoked, cancelled, returned or exchanged, and Promotional Voucher will not be reinstated.

FAULTY PRODUCTS

Customers are advised to examine all delivered Orders upon receipt. If a Customer finds the Order faulty/damaged, he/she is requested to contact PRYSM (details of which are made available at PRYSM Site) within seven (7) days from receipt date. Any disputes after 7 days will not be entertained.

If PRYSM authorises a return of the damaged or defective Order, PRYSM will inform Customer and instructions for sending the returned item to the respective Supplier that have the right to receive the damaged or defective Order on behalf of PRYSM. Damaged/defective Order must be returned securely packaged and wrapped. PRYSM will not be responsible for the delivery cost of any returned Order. After receiving the damaged or defective Order, the authorised Supplier will examine and test the defective item in accordance to Customer's complaint. If the defect as described by Customer is found valid, the Supplier will deliver to Customer a replacement. However, if Supplier is not able to provide a replacement of the returned item for any reason, PRYSM will provide store credit to Customer's Account that can be used for subsequent order.

RETURN AND REFUND POLICY

This policy is not applicable to business customers.

PROMOTIONAL VOUCHER

PRYSM may offer promotional vouchers to Customer to utilise when making payment of Customer's Order. To redeem, Customer has to enter the correct code at the checkout page. Physical presentation of vouchers will not be accepted.

The vouchers are valid for use until the date specified to the terms and conditions therein. If vouchers remain unused after date specified, the vouchers will lapse and will not be replaced.

The vouchers may only be redeemed once and not to be used with other promotional vouchers. PRYSM reserves to the right to cancel any subsequent orders made by you using a voucher of the same promotional campaign.

If Customer placed an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to Customer.

If the credit of a promotional voucher is insufficient for the Order placed, Customer has to make payment of the difference using one of our accepted payment methods.

PERSONAL DATA / PRIVACY POLICY

PDB is committed in protecting the Customers' personal information in accordance with all applicable laws, rules and regulations currently in force. This applies to the collection, storage, use, disclosure, protection and accuracy of Customer's personal information collected by and under the reasonable controlled of PDB. By participating in the Site, Customer agree that any information provided by customers may be used by, and shared between PDB and its Partners or Suppliers where necessary to operate the Site in order to provide Customers with services relating to the Site, to communicate with Customers, to promote offers to Customers relating to the Site, to fulfill Customers' requests including confirmation orders and for identification purposes. From time to time, PDB may ask for additional information, to help improve its services to Customers, to create more opportunities for Customers to enjoy the Site, to follow up with Customers for feedback or to help prevent abuse of the Site. Also, Customers agree that upon notification PDB may collect other information about Customers through its database and any information may be used by PDB to analyse Customers' activity on the Site. Subject to customer's consent, PDB may also use that information, and share it with its Partners or Suppliers in order to facilitate various services to the Customers, to extend Customer benefits and special offers, and for marketing purposes including planning, product development, telemarketing promotions, surveys or research and other carefully screened marketing programmes or activities, which PDB or Partners believe are likely to interest Customers.

For further detail on Privacy Policy of PDB, Customers are advised to refer to Privacy Policy made available at PRYSM portal.

GENERAL

PDB reserves the right to cancel, terminate or suspend the PRYSM with or without any prior notice. For the avoidance of doubt, cancellation, termination or suspension by PDB of the Site shall not entitle the Customers to any claim or compensation against PDB for any and all loss or damage suffered or incurred by the Customers as a direct or indirect result of the act of cancellation, termination or suspension.

From time to time PDB may supplement these Terms and Conditions with additional terms ("Additional Terms") and customers understand and agree that such Additional Terms are hereby incorporated by reference into this Terms and Conditions.

PDB is not liable under the following circumstances;

• Any unauthorised use of Customers' Account;

• Any loss, theft or damage to any Order in the course of delivery;

• Any Product not being made available for any reason;

• Any failure by the Supplier to meet the terms and conditions to supply the Order;

• Any failure to notify Customers of any changes in these Terms and Conditions, the Product, Partners, Suppliers and/or the price which will be recorded for the purchase of the Order;

• The suspension and/or termination of the PRYSM;

• Any technical failure of system, including the PRYSM website which may impede a Customer's transaction.

In the event of any dispute, conflict, uncertainty or ambiguity relating to these Terms and Conditions hereto, or any matter involving PRYSM, PDB will resolve the matter in its absolute and unfettered discretion and the entire decision in the matter shall be conclusive and final.

English is the governing language of these Terms and Conditions and shall prevail over any translations that shall be made of these Terms and Conditions. All documents, data, descriptions, books, catalogues, diagrams, instructions, invoices and correspondence will be in English Language.

TERMS OF USE

By accessing and using the Site, you agree to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed on to which you may be directed in connection with any particular service (collectively the “Terms and Conditions”), which may be posted by PDB on the Site from time to time whether you are a "visitor" (which means that you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being registered). All such modifications will be effective upon posting on the Site and any use by you of the Site after the posting of any such modification will constitute your agreement to that modification.

Certain of the services and related features, such as access to the Site, personalization, web hosting and webmail that are made available over the Site may require registration. Should you choose to register for such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to update such information as necessary in a timely way to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any personal identification numbers or passwords identifiers which you choose or are assigned as a result of any registration over the Site, and (b) all activities that occur under such personal identification number or password. Further, you agree to notify PDB of any unauthorised use of your personal identification number or password. PDB 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 non-compliance of this Clause.

In cases where you have authorised a minor to use the Site or any of the services, you recognise that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site and any such services; and (iii) the consequences of any misuse of the Site and any such services by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.

Unless otherwise indicated, PDB owns and retains all proprietary rights in the Site. All registered or unregistered trademarks used on the Site are the property of their respective owners. The Site contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of PDB and our licensors. Except as provided within this Terms and Conditions, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, license, decompile, reverse engineering or otherwise use any content, material, software, applications or programs used in connection with the Site. Further, you agree not to modify, alter or deface any of the trademarks or other intellectual property made available through the Site not use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to you through the Site.

The Site may contain links to other third party web pages and content available which are provided to you for your convenience. All such other third party content contained on or accessible through the Site or web pages are wholly independent from this Site and PDB has no control or power over such other web pages including their content. PDB makes no endorsements, warranties or representations of any kind whatsoever regarding those other web pages, including the accuracy or appropriateness of content on such other web pages. PDB is not responsible for and makes no warranties, express or implied, as to the web pages or the providers of such web pages (including, but not limited to, the privacy practices thereof). Your decision to access any such other web pages shall be entirely at your own risk and discretion and your use of such other web pages are subject to the terms of use governing such web pages. PDB recommends that you read the terms of use of each and every web pages which you visit. PDB reserves the right in its sole discretion and without notice to: (i) terminate any and all links to this Site from any third party site, (ii) terminate any and all links from this Site to any third party site and/or (iii) terminate any web pages made available or accessible via the Site and remove any online posting thereof.

You acknowledge and agree that your correspondence or business dealings with any third parties, including the participating companies, reward providers, merchants or advertisers, found on, or through, the Site and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. PDB assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases from or other transactions with such third parties. Further, you are responsible for ensuring compliance with all applicable laws in connection with all such dealings and transactions. You agree that PDB 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, any of such dealings or transactions.

By publishing, displaying or uploading any content on or to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to PDB an irrevocable, perpetual, non- exclusive, fully-paid and worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content and to prepare derivative works of, or incorporate into other works, such content and to grant and authorize sublicenses of the foregoing, including, without limitation, through the applications, widgets, websites or mobile, desktop or other services, in any media formats and through any media channels. You represent and warrant that: (i) you own the content posted by you on, through or in connection with the Site, (ii) the posting of your content on, through or in connection with the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) you shall not post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner.

By using this Site, you hereby agree not to post any material which contains, comprises of, relates to and/or may be construed as, including but is not limited to, content that, in the sole discretion of PDB (a) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, excessive violence, or offensive subject matter; (e) publicly posts information that poses or creates a privacy or security risk to any person; (f) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (g) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (h) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or spamming; (i) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (j) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (k) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (l) involves commercial activities and/or sales without prior written consent from PDB such as contests, sweepstakes, barter, advertising, or pyramid schemes; (m) includes a photograph or video of another person that you have posted without that person's consent; (n) for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive content intended to draw traffic to the profile; or (o) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

You hereby agree not to involve, contribute, participate, engaging in any kind of activity that is illegal or prohibited on the Site. Prohibited activity includes, but is not limited to: (a) criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; (b) advertising to, or solicitation of, any person to buy or sell any products or services through the unauthorized or impermissible use of PDB. You may not transmit any chain letters or junk email to other person; (c) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site; (d) activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; (e) covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page or any other means; (f) interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site; (g) impersonating or attempting to impersonate the Site; (h) selling or otherwise transferring your profile, your email address or URL; (i) using or distributing any information obtained from the Site in order to harass, abuse, or harm another person or entity, or attempting to do the same; (j) displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site on behalf of that person; (k) relaying email from a third party's mail servers without the permission of that third party; (l) using invalid or forged headers to disguise the origin of any content, or otherwise misrepresenting yourself or the source of any message or content; (m) engaging in, either directly or indirectly, or encouraging others to engage in, click-through generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or (n) using the Site in a manner inconsistent with any applicable laws, regulations and by-laws, social customs, practices, political systems and religious beliefs.

Even though all of the above content is strictly prohibited, there is a small chance that you may become exposed to such items while using the Site. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure.PDB reserves the right to investigate and take appropriate legal action against anyone who, in PDB's sole discretion, violates this provision, including, without limitation, reporting such activity or content to law enforcement authorities.

The use of this Site is subject to the Privacy Policy, which form a part of these Terms and Conditions. PDB also collect information on the times and ways you use the Site. This information will be used for the purposes outlined in our Privacy Policy and to improve the operation of this Site.

PDB is not responsible for any incorrect or inaccurate content posted on the Site, whether made or caused by the participating companies, reward providers, merchants or advertisers or by any of the equipment or programming associated with or utilized in the operation of the Site. PDB is not responsible for the conduct, whether online or offline, of any customer or other user of the Site. Under no circumstances will PDB be responsible for any loss, liability or damage, including personal injury or death or property damage, resulting from or arising out of anyone's use of the Site, any content posted on the Site or transmitted to customers or other users or any interactions between or among customers or other users of the Site, whether online or offline. PDB assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user. PDB is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. PDB is not responsible for any injury or damage to any computer equipment belonging to any user of the Site or any other person related to or resulting from use of the Site, viewing, playing or downloading any materials on or from the Site. The Site is provided "AS IS", "WHERE IS" and "IS AVAILABLE" basis, except as otherwise prohibited by applicable law, PDB expressly disclaims any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. PDB cannot guarantee and do not promise any specific results from use of the Site. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall PDB be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if PDB has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the Site any changes to the Site and unauthorised access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Site or arising in connection with the fraudulent or unlawful acts of any third party. You specifically agree that PDB is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Site, the materials available on or through the Site or with the provisions of these Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using the Site.

The Site generates 'cookies', which are collected by web-servers to enable them to recognize your future visits. The Site uses only 'non-persistent cookies' or 'per-session cookies' which serves technical purposes like switching the languages of the Site. These cookies do not permanently record data and they are not stored on your computer's hard drive.

You acknowledge and agree that if, PDB believes that you have violated any of the Terms and Conditions, PDB, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Site or any of the services, and remove and discard any information or content that you posted to or transmitted using the Site. You further agree that PDB shall not be liable to you or to any other person as a result of any such suspension or termination.

You agree to defend, indemnify and hold PDB, its subsidiaries, participating companies, reward providers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account's: (a) violation of the Terms and Conditions, or (b) use of the Site or any of the services, or (c) placement, posting or transmission of any message, information, software or other content on the Site.

These Terms and Conditions together with our Privacy Policy and any other terms and conditions regarding the PDB website constitute the entire agreement between PDB and you regarding the subject matter of this Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written between PDB and you with respect to such subject matter.

If any provision of these Terms and Conditions are held invalid, the remainder will continue in full force and effect, and if any provision(s) is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. these Terms and Conditions shall not be construed against any party as the principal draftsperson hereof. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. PDB's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by PDB in writing.

The Terms and Conditions are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and PDB regarding the Terms and Conditions will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that the Site shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by PDB in and from Malaysia.