Terms, Conditions & Policies

Terms & Conditions

Myanmar Zarla Distribution Company Limited, being the owner of HomeXpress, offers this service to HomeXpress members subject to the terms and conditions set out below. By using this service as a HomeXpress member, you signify your agreement to be bound by these terms and conditions.

1. Definitions

“Delivery address” means your local Myanmar mailing or delivery address as registered with your HomeXpress profile or such other delivery address as registered at check-out on the HomeXpress website and/or mobile application. Failure to provide a valid and authentic address will result in unsuccessful delivery to which Myanmar Zarla Distribution will not be liable for any damage or loss and will be entitled to charge relevant fees for delivery to correct address.

“Item” means the actual physical package containing the actual content(s) being delivered or received, as the case may be, by the merchant(s), HomeXpress and you, as applicable.

“Member” means the registered HomeXpress member, whose personal particulars and address are as registered at the HomeXpress website and/or mobile application.

“Our,” “We,” “Us” and “MZD” refers to Myanmar Zarla Distribution Company Limited

“Delivery” means the item being delivered by land to your stated delivery address at Yangon City.

“HomeXpress” refers to a service provided by Myanmar Zarla Distribution Company Limited, which includes but is not limited to, sell online and delivery services as well as other services that may be introduced from time to time. This service is accessible at the URL https://www.homexpress.com.

“You” and “Your” refers to the member using this service.

Title headings are inserted for convenience of reference only and shall not affect the interpretation of the substantive provisions of these terms and conditions.

2. Membership Registration, Use of Website and Mobile App

The HomeXpress terms of use and privacy policy, found at terms-of-use and privacy-policy respectively, shall apply to all members and are fully incorporated herein by reference. In the event of conflict or ambiguity between the HomeXpress terms of use and privacy policy and these terms and conditions, these terms and conditions shall prevail.

3. Payment

3.1      You shall promptly confirm and pay any charges as specified in the HomeXpress website or mobile application which include but are not limited to the following components:

  • product charges;
  • delivery charges; 
  • commercial taxes prevailing from time to time, if applicable; 
  • any additional delivery charges and return fees, should the item not comply with the specified guidelines for delivery in order to process the delivery of the item to you; and 

3.2      Only payment methods via the HomeXpress website or mobile app or otherwise as may be specified by HomeXpress will be accepted.

4. Charges

4.1      We will have the right to review the product charges and/or delivery charges from time to time and make changes thereof without any or prior notice to you and/or to any third party.

5. Member’s Responsibility

5.1      You shall use the HomeXpress service subject to the following conditions: (a) you agree to abide by and comply with these terms and conditions at all times; (b) you agree to abide by and comply with the privacy policy as a HomeXpress member at all times; (c) you agree to abide by and comply with the terms of use at all time; (d) you agree to submit a copy of your identification document for verification purposes if requested by us; and (e) you have provided all information we require in connection with your registration, and that accurate and complete information has been provided.

5.2      Upon your purchase of the item at HomeXpress website or mobile application, you shall indicate as your delivery address, as may be applicable. You may login to HomeXpress to view the applicable delivery address. Any other address will result in non-performance of the service and HomeXpress shall be held free from any responsibility, obligation, damage or compensation.

5.3      You acknowledge that incomplete or erroneous information provided by you may result in loss or delay in the delivery of your item to the provided HomeXpress Address.

5.4      You shall be liable to us and indemnify and keep us indemnified at all times from and against all demands, claims, action or proceedings by whomsoever made and against all damages, costs, charges or expenses (including legal costs on an indemnity basis) incurred, suffered or sustained by us in connection with the HomeXpress service performed for you.

6. Delivery

6.1      An item will only be delivered to one (1) delivery address, as the case may be.

6.2      We shall make reasonable effort to deliver the items to you within the estimated time frame as informed to you after you have processed your items for delivery. High security addresses or addresses in more remote locations may require a longer delivery period. There will be no deliveries on gazette public holidays. We shall however not be liable (whether in contract, tort or otherwise) for any delay in effecting delivery for whatever reasons.

6.3      An item shall be delivered to the delivery address, but not necessarily to the named member personally. Service will be deemed as rendered and complete upon acknowledgement of receipt by someone at the registered delivery address.

6.4      HomeXpress will send a notification email to you once the delivery has been successfully executed.

6.5      Upon receipt or collection of ordered item(s), you are advised to check that the item has been received in good conditions.

6.6      You may login into your HomeXpress account to check the order status of the item.

7. Restricted Area

7.1      There is no delivery to restricted areas. HomeXpress will exercise its best efforts to deliver to your delivery address but shall be held not liable if the address is inaccessible or in restricted areas.

8. Unclaimed Deliveries

8.1      If you fail or refuse to (i) accept delivery; (ii) pay for delivery; or (iii) collect the item, or the delivery or item is deemed unacceptable for any reason, we may at our sole discretion:

a) where appropriate, contact you to discuss and agree on an appropriate action to take; (b) use reasonable efforts to return the item to merchant at your cost; or (c) dispose the item in any manner we deem fit without being liable to you.

8.2      Subject to clause 8.1(a), if a re-direction is required, additional charges are applicable for such re-direction which shall be payable by you.

9. Return Order

9.1      As we only provide for your item to be delivered from the HomeXpress address to your delivery address (as the case may be), We shall not in any way be involved or concerned with any claim for refund, return, rebate or exchange of any item in the order.

10. Limitation of Liability

10.1    We shall not be liable for all indirect, ancillary or consequential loss or damage, including but not limited to the loss of profits, business and anticipated savings, even if the risk of such loss or damage was brought to our attention before or after acceptance of the shipment, including but not limited to our failure to perform any of our obligations hereunder as a result of circumstances outside our control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labor from whatever cause whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any mode of transport or other force majeure, including fire, flood or any acts of God.

11. Loss, Damage and Delay to Shipment

We shall not in any case be liable for any loss, damage and delay of delivery arising from:

11.1    incomplete, insufficient, or erroneous entry of the HomeXpress address by you at the HomeXpress website or mobile application;

11.2    any loss of confidentiality in communications arising during the delivery;

11.3    electrical or magnetic damage to, or erasure of electronic or photographic images or recordings; or

11.4    failure by you to take delivery of or collect the shipment after being notified to do so.

12. Indemnity

You shall indemnify and keep us indemnified at all times from and against all demands, claims, actions, proceedings, costs, charges and expenses including but not limited to customs charges and other regulatory penalties, storage charges, retrieval and administrative costs, duties and taxes (including reasonable costs) incurred, suffered or sustained by us in connection with the HomeXpress service performed for you, and pay us damages, costs and interest in connection with such demand, claim, action, suit or proceeding.

13. Claims

13.1    All claims for loss or damage must be made within One (1) hour from the time of delivery, failing which we shall have no liability whatsoever. Such claims must be made in writing, accompanied by the original copy of the consignment note, any supporting documents, relevant invoices or receipts for that item and should be submitted to:

HomeXpress Manager (Customer Service)

Myanmar Zarla Distribution Co., Ltd.

Building 3, Room 6, Myanmar ICT Park

Hlaing Campus, Hlaing Township

Yangon, Myanmar.

Alternatively, you may contact us at

Telephone number: +95 1 652235

Operating Hours (Myanmar time) are as follows:

Monday – Friday: 9.00am – 5.30pm Saturday: 8.30am – 12.30pm

Email : Please reach out to us via the contact form provided on http://www.HomeXpress.com/contact-us.html  

14. Disclaimer and Exclusion of Liability

14.1    These terms and conditions, the HomeXpress service, the information on this website or mobile application and use of all related facilities are provided on an “as is”, “as available” basis without any warranties whether express or implied.

14.2    To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the HomeXpress website or mobile application and its contents, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or course of dealing or usage of trade. Further, we do not make any representation or warranty in respect of the accuracy, completeness, availability and suitability of the HomeXpress website or mobile application and its contents, or any other representation or warranty.

14.3    While we may use reasonable efforts to include accurate and up-to-date information on this website, we make no warranties or representations as to its accuracy, timeliness or completeness.

14.4    We shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages (including but not limited to damages for loss of business, profits or anticipated savings, even if we have been advised of the possibility of such damages), howsoever caused, resulting from or in connection with (I) your access to, use of or inability to use HomeXpress or this website; (II) reliance on information on this website, or any delay, inaccuracy in the information or in its transmission; and (III) any delay or failure to deliver the item or make it available for self-collection.

14.5    The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

15. Termination by Us

15.1    We reserve the right to terminate or suspend this service at any time without assigning any reason.

15.2    Without prejudice to the generality of the foregoing, we reserve the right to terminate or suspend your use of the HomeXpress service if:

  • there is abuse or misuse of the service by you; or (b) we are of the reasonable opinion that you have breached any of the terms and conditions herein contained.

15.3    We shall not be liable to you or to any other party for any damages, losses, cost or expenses howsoever caused by or arising out of such termination or suspension.

16. Termination by you

16.1    You may terminate use of the HomeXpress service by giving us at least one (1) calendar month’s prior notice in writing to our address specified in clause 13.

16.2    Your termination of use of this service shall not release you from any liabilities or responsibilities which have accrued prior to the date of termination, including but not limited to your obligation to pay any outstanding charges.

17. Assignment and Sub-Contract

We have the right to assign or transfer or sub-contract all or part of our rights or obligations hereunder at our discretion.

18. Amendments

We reserve the right to modify these terms and conditions from time to time without notice. The revised terms and conditions will be posted on this website and shall take effect from the date of such posting. We assume no liability or responsibility for any errors or omissions in the content of these terms and conditions.

19. Applicable Law and Jurisdiction

19.1    We may be accessed from all countries around the world where the local technology permits. As each country has differing laws, by accessing this website both we and you agree that the laws of the Union of Myanmar, without regard to the conflict of laws principles thereof, will apply to all matters relating to these terms and conditions.

19.2    We and you accept and agree to submit to the exclusive jurisdiction of the courts of the Union of Myanmar in respect of any dispute or difference arising out of and/or in connection with these terms and conditions.


Privacy Policy

This is the Privacy Policy (“Policy”) of Myanmar Zarla Distirbution Company Limited (“MZD”) and its subsidiaries (collectively the “Myanmar Zarla Distirbution Company Limited”).

You have been directed to this Policy because a company within the Myanmar Zarla Distirbution Company Limited is collecting, using or disclosing your personal data.

In this Policy, when we use “we”, “us” or “our”, we refer to the company (within the Myanmar Zarla Distirbution Company Limited) which is collecting your personal data, or which is operating the website which you are accessing or using.

This Policy applies to all personal data that you may provide to us and the personal data we hold about you. By providing us with your personal data or by accessing, using or viewing the applicable website or any of its services, functions or contents (including transmitting, caching or storing of any such personal data), you shall be deemed to have agreed to each and all the terms, conditions, and notices in this Policy. If you do not agree, please cease use of the relevant website(s) and/or service(s) and DO NOT provide any personal data to us.

Questions regarding this statement should be directed to HomeXpress by sending email to HomeXpress at the email account as supported by the various services.

This privacy policy contains a number of references to other information pages on our site and other websites. HomeXpress strongly recommends that as you read this privacy policy, you click on such links to obtain further important details about the privacy policy, as they may contain further terms and conditions which apply to you as an HomeXpress member.

1. What Personal Data is Collected

1.1When you use our website, any service we provide or in your interaction with us, the personal data we may collect includes:

(a) Data collected directly from you. This may be done through this website, over the phone, by email, or in person when you meet our staff or representatives. The data collected may include, but is not limited to:

  • your contact information, including your (first and last) name, (billing and/or delivery) address, birthdate and email address and, optionally, your telephone number. We need your e-mail address and (optionally) telephone number so that we may contact you if we have questions or information for you regarding your order or the service that we are providing or will provide to you;
  • other information required to be able to process your order or to provide you with the service, such as information concerning the products you have ordered or the service we are providing to you, the billing and/or delivery address, banking and/or credit card details;
  • if you have created an online profile or account, the preferences and interests stored in such profile or account (please see below for further information concerning the profiles); and
  • if you have contacted customer service, the details of this contact and the contact history.

(b) Data collected by automated means. Various technologies may be used on our website and our mobile and web-based applications in order to make them more user-friendly, effective and secure. Such technologies may lead to data being collected automatically by us or by third parties on behalf of us. This data does not generally, but may, contain a user’s personal data. Examples of such technologies include:

  • Click-stream data. A visit to one of our websites results in data that is transmitted from your browser to our server being automatically collected and stored by us or by third parties on behalf of us. This data can include, in particular, the following:- the visitor’s IP address- the date and time of the visit – the referral URL (the site from which the visitor has come) – the pages visited on our website – information about the browser used (browser type and version, operating system, etc).
  • Cookies. A number of places on our website and our mobile and web-based applications make use of cookies. These are essentially small text files that are stored on your computer’s hard drive or your user device by your web browser. We can use cookies to identify the owner of a user account and to store articles in a shopping basket during the purchasing process. In other words, cookies help to make our website or our (mobile and web-based) applications more user-friendly, more effective and more secure. The cookies usually used by us are so-called “session cookies”, which are automatically deleted at the end of the visit to the relevant website. By default, web browsers enable the use of cookies but this function can also be disabled. However, this will result in some services not being available. It is also possible to manually delete cookies after their use via the web browser. More information may be available from your web browser provider.
  • Flash cookies. A particular form of cookie is the flash cookie. In contrast to normal cookies, these cookies are not created and saved by the web browser but are governed by the Adobe Flash plug-in. These can contain more information than normal cookies and cannot be deleted or disabled via the browser; this is only possible if you follow instructions available from the Adobe Flash Player website. You can also obtain more information about these cookies on that website.
  • Web beacons and tracking links. Web beacons (also known as pixel tags and clear GIFs) involve graphics that are not apparent to the user. Tracking links and/or similar technologies consist of a few lines of programming code and can be embedded in our website or our (mobile) applications. In conjunction with cookies, these are primarily used for statistical analysis purposes. This technology can also be used for tracking traffic patterns on websites, as well as finding out if an e-mail has been received and opened and to see if there has been any response.
  • Web analytics. Web analytics is the term given to a method for collecting and assessing the behaviour of visitors to websites and (mobile) applications. This includes the analysis of traffic patterns in order, for example, to determine the frequency of visits to certain parts of a website or (mobile) application, or to find out what information and services our visitors are most interested in. For these purposes, we primarily make use of click-stream data and the other techniques listed above. Web analytics are carried out by Google Analytics and/or other selected parties. You can find out more information about the processing of web analytics data by Google Analytics in paragraph 7 below.

2. How is the Collected Personal Data Used

2.1. We use your personal data for the purposes of serving you. This includes, where applicable:

  • providing you with the products and services that you have requested e.g. notifying you regarding the status of your order or delivery, assessment of your creditworthiness (for which we may use third parties);
  • contacting you for feedback after a sale of a product or service; and
  • resolving any problems or disputes you may encounter in relation to our products and services.

2.2. We may also use your personal data for purposes connected or relevant to the business of the Myanmar Zarla Distirbution Company Limited, such as:

  • complying with legal and regulatory obligations and requirements;
  • enforcing obligations owed to the Myanmar Zarla Distirbution Company Limited;
  • researching and developing new products and services or improving existing products and services of the Myanmar Zarla Distirbution Company Limited;
  • accounting, risk management, compliance and record keeping purposes;
  • carrying out research, planning and statistical analysis; and
  • staff training.

2.3. Your personal data may also be anonymized for use by the Myanmar Zarla Distirbution Company Limited for other purposes.

2.4. If you have consented, your personal data may be used by the Myanmar Zarla Distirbution Company Limited for the purposes of marketing products and services offered on the website or other products or services offered by the Myanmar Zarla Distirbution Company Limited or those of its strategic partners or business affiliates e.g. informing you of latest activities, special offers, promotions or sending you newsletters.

2.5. If you have contacted us with any complaints, feedback, comments, suggestions, we will use and disclose your personal data (including your contact history) to respond to you and provide you with the best service possible. If you are the complainant and you do not want us to disclose your identity to the party you are complaining about, you must let us know immediately. However, it may not always be possible to handle your complaint on the basis of anonymity.

2.6. When using your personal data to contact you for the above purposes, we may contact you via regular mail, fax, e-mail, SMS, telephone or any other electronic means.

2.7. If we need to use your personal data for any other purposes, we will notify you and obtain your consent beforehand. You will be given the opportunity to withhold or withdraw your consent for the use of your personal data for these other purposes.

3. Disclosure of Information

3.1. We will not sell your personal data to third parties.

3.2. We will only disclose your personal data to third parties where you have provided us consent, and in the situations expressly set out in in this Policy. If you have consented to receiving marketing information from us, our strategic partners and business associates, we will be disclosing your personal data to them.

3.3. Your personal data may be disclosed and shared within the Myanmar Zarla Distirbution Company Limited to allow us to provide the products and services which you have requested.

3.4. We may disclose or share your personal data with third parties (including other companies within the Myanmar Zarla Distirbution Company Limited) who provide necessary services to us, such as:

  • service providers and data processors working on our behalf and providing services such as hosting and maintenance services, analysis services, e-mail messaging services, delivery services, handling of payment transactions, solvency check and address check, etc; and
  • our consultants and professional advisers (such as accountants, lawyers, auditors).

3.5. We will also disclose your personal data to third parties in order to comply with legal obligations or industry requirements. This includes disclosures to legal, regulatory, governmental, tax and law enforcement authorities.

3.6. Our website may have the functionalities to allow you to share your personal data with other third parties such as other users of our website. You are responsible for your choice(s) and are deemed to have provided consent for any sharing of your personal data in the manner provided by the website.

3.7. You fully understand and consent that we may transfer your personal data to any location outside of Myanmar for the purposes set out in this paragraph 3. When transferring your personal data outside of Myanmar we will protect your personal data to a standard comparable to the protection accorded to your personal data under the Law Protecting the Privacy and Security of Citizens (Union Parliament Law (5/2017) by ensuring that the recipient is either in a jurisdiction which has comparable data protection laws, or is contractually bound to protect your personal data.

4. Third Parties

4.1. This Policy only applies to our website and information that we collect from you. Our websites may contain links to other websites which are not owned or maintained by us. When visiting these third party websites or disclosing your personal data to third parties (including buyers or sellers on our website), you should read their privacy policies, or ask relevant questions before you disclose your personal data, We are not responsible for the collection, use or disclosure of your personal data by such third parties.

5. Social Networks

5.1. Our website and mobile or web-based applications may provide you with social plug-ins from various social networks (such as Facebook and Twitter). If you choose to interact with a social network, your activity on our website or via our mobile or web-based applications will also be made available to social networks such as Facebook and Twitter.

5.2. If you are logged in on one of the social networks during the visit of one of our websites or mobile or web-based applications, the social network might add this information to your profile. If you are interacting with one of the social plug-ins, this information will be transferred to the social network. In case you do not wish such a data transfer, please log off on your social network before you enter one of our websites or mobile or web-based applications.

5.3. We cannot influence this data collection and data transfer via the social plug-ins. Please read the privacy policies of those social networks for detailed information about the collection and transfer of personal data, what rights you have and how you can achieve satisfactory privacy settings.

6. Geo-location Services

6.1. Our website and mobile or web-based applications may offer location-enabled services, such as Google Maps and Bing Maps. If you use those mobile or web-based applications, they may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location. You are always asked if the geo-location service can be activated and you can also object to this geo-location service within the respective mobile or web-based application.

7. Web analytics by Google Analytics

7.1. Our website and mobile or web-based applications may contain web analytic services provided by Google Analytics. This means that when you visit our website or use any mobile or web-based applications, a cookie will be stored on your computer or mobile device, except when your browser settings do not allow for such cookies.

7.2. This further means that when you visit our website or use any mobile or web-based applications, the personal data described above in paragraph 1.1 – including the “click-stream data”, the data from “web beacons and tracking links” and information stored in Google Analytics’ cookies – will be sent to Google Analytics for analysis for and on behalf of us. Please note that if you have created an online profile at our website or mobile or web-based application and if you are logged on in this profile, a unique number identifying this profile will also be sent to Google Analytics in order to be able to match the web analytics data to this profile.

7.3. Google Analytics acts as our agent, which means that we solely determine the purposes for which the data is being used. You can find out more about the relationships between Google Analytics and us in the Google Analytics’ privacy policy.

7.4. If you do not wish information about your behaviour at our website or any mobile or web-based applications being collected and assessed by Google Analytics, you can install the Google Analytics opt-out browser add-on. This add-on instructs the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) to not send your site visit information to Google Analytics. The browser add-on is available for most modern browsers. The Google Analytics opt-out browser add-on does not prevent information from being sent to the website itself or in other ways to web analytics services.

8. Retargeting Technologies

8.1. Our website and mobile or web-based applications may use retargeting technologies within the internet. This enables us to show our visitors, who were already interested in our shop and our products, advertisement from us on partner websites.

8.2. We also work with other companies who use tracking technologies to serve advertisements on our behalf across the Internet. These companies may collect non-personally identifiable information about your visits to our websites or mobile or web-based applications and your interaction with our communications, including advertising.

8.3. Retargeting technologies analyse your cookies and display advertisement based on your past surfing behaviour. For further information on cookies, please refer to paragraph 1 of this Policy.

8.4. We do not store any personal data about you with this technology.

9. Security

9.1. We endeavor to take precautions to ensure that the information you have provided is protected against unauthorised or unintended use, access or disclosure. However, we cannot be held responsible for unauthorised or unintended use, access or disclosure that is beyond our control.

10. Disclaimer

10.1. To the maximum extent permitted by law, We shall not be liable in any event for any special, exemplary, punitive, indirect, incidental or consequential damages of any kind or for any loss of reputation or goodwill, whether based in contract, tort(including negligence), equity, strict liability, statute or otherwise, suffered as a result of unauthorised or unintended use, access or disclosure of your personal data.

11. Changes to this Policy

11.1 We may amend this Policy from time to time. The amended Policy will be publicised on our website.

12. Your Rights

12.1 If you have any questions about the processing of your personal data or about our Policy, if you do not accept the amended Policy, if you wish to withdraw any consent you have given us at any time, or if you wish to update or have access to your personal data, you are welcome to contact us. The contact details are:

Attention to

: Myanmar Zarla Distirbution Compnay Limited Data Protection Officer

Email

: [email protected]

Telephone number

: 09759900766

Mail

: Building (3), Room 5, MICT Park, Hlaing University Campus,

Hlaing Township, Yangon,, Myanmar

12.2. All requests for correction or for access to your personal data must be in writing. We will endeavor to respond to your request within 30 days, and if that is not possible, we will inform you of the time by which we will respond to you.

12.3. We may be prevented by law from complying with any request that you may make. We may also decline any request that you may make if the law permits us to do so.

12.4. In many circumstances, we need to use your personal data in order for us to provide you with products or services which you require or have requested. If you do not provide us with the required personal data, or if you do not accept the amended Policy or withdraw your consent to our use and/or disclosure of your personal data for these purposes, it may not be possible for us to continue to serve you or provide you with the products and services that you require or have requested.

12.5. We may charge you a fee for responding to your request for access to the personal data which we hold about you, or for information about the ways in which we have (or may have) used your personal data. If a fee is to be charged, we will inform you of the amount beforehand and respond to your request after payment is received.

13. Complaints

13.1. You may send complaints regarding our handling of personal data in the following ways:

in writing or by email. Such complaints must:- be addressed to the Myanmar Zarla Distirbution Company Limited Data Protection Officer at:

Email : [email protected]

Address : Building (3), Room 5, MICT Park, Hlaing University Campus, Hlaing Township, Yangon, Myanmar - provide the name, contact number and address of the person submitting the feedback – provide the relevant details required such as the relevant time period, our employees or who involved, or copies of relevant documents.

  • by telephone. Such complaints must: – be made to the Myanmar Zarla Distirbution Company Limited Data Protection Officer at: Telephone : 09759900766 (This is a recorded line. The caller is advised that their call is being recorded.)

13.2. All complaints will be evaluated by  Myanmar Zarla Distirbution Company Limited in a timely manner. After Myanmar Zarla Distirbution Company Limited has completed its evaluation, the Myanmar Zarla Distirbution Company Limited Data Protection Officer (or a duly appointed representative) will respond to the person who submitted the complaint or feedback, with the results of the evaluation.

14. Governing Law

14.1. This Policy is governed by the laws of Myanmar. You agree to submit to the exclusive jurisdiction of the Courts of Myanmar in any dispute relating to this Policy.


Terms of Use

We, Myanmar Zarla Distribution Co., Ltd., offer services to you subject to the terms and conditions set out below. By accessing this website, you are deemed to have accepted these terms and conditions. We reserve the right to update and amend these terms and conditions from time to time.

User ID, Password and Security

In the event that any user ID, password and/or identifier number is issued to you by us, you shall protect the secrecy of such user ID, password and/or identifier number at all times and shall ensure that the user ID, password and/or identifier number is not revealed or disclosed in any manner whatsoever to any person. You should change your password from time to time to enhance its security. You shall be fully responsible for all use and liability resulting from access to this website with your user ID, password and/or identifier number. We shall not be responsible for unauthorized transactions incurred by you arising from or in connection with the misuse or disclosure of your user ID, password and/or identifier number.

You shall immediately inform us within 3 days if you suspect that your password has been compromised in any manner, in which case, we will issue a new password. You agree to change and use the password upon issuance by us.

Use of this Website

You must not:

  • attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website;
  • distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or material displayed on the website for any public or commercial purpose without our written consent; and/or
  • access or use this website in any way that could or is intended to damage or impair the website, or any server or network underlying the website, or interfere with anyone else’s use and enjoyment of the website.

Links to this Website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out herein will apply to your use of this website by linking to it.

Links from this Website

We do not monitor or review the content of other parties’ websites that may be linked from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us.

We do not represent or intend for such links to be approvals, referrals or endorsements of the sites or the entities operating such sites and we take no responsibility for any dealings with such entities, whether or not such dealings are related to the services. You understand and acknowledge that any access to such sites is at your own risk, we are not responsible for the contents of any site linked from this website and we do not control nor contribute to such sites or the information contained therein. You will not hold us liable for any loss or damage that may occur as a result of any reliance on or use of such information.

Disclaimer and Exclusion of Liability

I. General

This website, the service, the information on this website and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.

To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this website and its contents, including in relation to any inaccuracies or omissions in this website, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

We do not warrant that this website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that this website will not be affected by any Acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

While we may use reasonable efforts to include accurate and up-to-date information on this website, we make no warranties or representations as to its accuracy, timeliness or completeness.

We shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from your access to, use of or inability to use, reliance on or downloading from the website, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this website, or electronic mail transmitted to and from us, will not be monitored or read by others.

II. Software

Although we use reasonable endeavours to ensure that any software made available on this website is suitable for downloading, installation and use by third parties, all such software is provided “as is” without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use.

Indemnity

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (i) your access of this website, (ii) your and any other party’s access to this website using your HomeXpress ID, HomeXpress password, VP number and/or any identifier number allocated by HomeXpress , and (iii) your breach of any of these terms of use , and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

Intellectual Property Rights

All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on this website are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

All software and accompanying documentation made available for downloading from our website is our copyrighted work or that of our suppliers. Software and documentation ownership is retained by the copyright holder. Ownership is not transferred to you; rather, you are licensed to use the software and documentation. The use of any such software or documentation is subject to the terms of a license agreement. Please read the license agreement that accompanies each product and indicate your agreement to those terms prior to downloading.

Nothing contained on the website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without our written permission. Misuse of any trademarks or any other content displayed on the website is prohibited.

We will not hesitate to take legal action against any unauthorised usage of its trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.

Privacy Policy

We have a group privacy policy which sets out how we handle personal data that you may provide or that we may collect, in connection with your access or use of this website. The policy is available on this website. You accept and agree to the terms set out in the policy and consent to the collection, use and disclosure of your personal data in accordance with the policy.

Termination 

You agree that the HomeXpress may, at its sole discretion, deny or suspend such Yours’ access to password-protected or secure areas of this Website, or any of the services, features or functionalities provided in or through this Website, for any reason, including without limitation, if the HomeXpress believes that such  violated or acted inconsistently with any terms or conditions set out herein, or if in the HomeXpress’s opinion, it is not suitable to continue providing such areas, services, features or functionalities.

Illegality

If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable affected provisions, then, to the maximum extent possible, such affected provision shall be modified and/or replaced by an equivalent legal, valid and enforceable provision in a manner which accords with or which gives effect to, as closely as possible, the original intent of the affected provision. If, however, such modification or replacement is not possible, then (if and to the extent permissible) the affected provision shall be deemed to be severed from these Terms of Use. The illegality, invalidity or unenforceability of, or the modification, replacement or severance of, the affected provision shall not in any way affect or impair the legality, validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.

Amendments

We may periodically make changes to the contents of this website, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of this website.

We reserve the right to modify the terms of use from time to time without notice. The revised terms and conditions will be posted on this website and shall take effect from the date of such posting.

Applicable Law and Jurisdiction

This website can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing this website both you and us agree that the laws of the Union of Myanmar, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this website.

You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Union of Myanmar in respect of any dispute arising out of and/or in connection with this terms of use.