Terms of Use

Current terms is effective as of August 31, 2023.

This Battalion Battery Terms of Use apply to the Internet website and any other digital properties (collectively, the "Site") operated by DayDayMart Enterprise referred to as ("we","us","our"). The use of the Site, including the purchase of any products (as defined below) is subject to the folloing terms and conditions (the "Terms") and the terms of our Privacy Policy. Therefore, please read all of these materials carefully.

By using the Site, you are indicating to us that you agree to these Terms. If you do not agree to these Terms, please leave and do not use the Site. If you have any questions about the Terms, please contact our Customer Experience Team.

The Site allows you to learn about and to purchase automotive products (collectively, "Products").

We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or of any product or feature, without notice or liability.

We may offer products through other authorized distribution channels, such as other dealers; if so, the terms, conditions, and policies applicable to those other dealers may apply, and those may be different than this Terms.

Your activities on the Site or use of the services may also be governed by additional guidelines, rules or agreements, all of which are incorporated by reference herein.

I. Electronic Communications

By visiting the Site and/or communicating with us by email or by chat via the Site, you are communicating with us electronically and agreeing that we may communicate with you electronically (including by email, chat on the Site, notice posted on the Site, and possibly other means as well). You agree that all such electronic communication (including all notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication be "in writing". We may also communicate with you via telephone; please let us know if you do not want us to contact you that way.

II. Content & Intellectual Property

You may not copy or use any of the content and intellectual property of or on the Site without our prior written authorization. Content means all of the visual, audio-visual, and written information displayed on the Site, including all graphics, photographs, drawings, designs, iconography, animation, videos, and writing (collectively, "Content"). All content on the Site is the property of Battalion Battery and/or third parties with whom we have a relationship, and all content may be protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, trademark laws.

The source code and compilation of this Site are likewise the exclusive property of Battalion Battery and protected by applicable intellectual property laws. You are not authorized to use such source code for any purpose other than the ordinary use of the Site.

All trademarks, service marks, trade names, trade dress, and other branding devices (collectively, "Marks") are the exclusive property of Battalion Battery and are protected by applicable property laws. In some cases, we may display marks that are owned by third parties with whom we have a relationship. You may not display or use the Battalion Battery marks (or marks of third parties displayed on the Site) without our prior written authorization (or prior authorization from the applicable third party).

If you are a member of the press, you may use the content without our prior written authorization, but only for legitimate, accurate, non-commercial reporting purposes that are not likely to cause confusion as to the source, sponsorship and/or affiliation of Battalion Battery or our products.

Please contact us if you have any questions about our content or intellectual property, including whether we are willing to authorize your use of the same.

III. License & Access

You are allowed to use the Site only for your lawful personal or business use (or on behalf of a third party). You may not use the Site to do or to facilitate any of the following things (or otherwise to violate any laws or legal rights of anyone else):

1. Copy, imitate, mirror, distribute, publish, download, publicly display, publicly perform, post or transmit any of the content in any manner or format, and through any means now known or later developed.

2. Resell any Battalion Battery products or display or describe Battalion Battery products for commercial or competitive purposes in a false, misleading, or disparaging light.

3. Commit fraud or other dishonest act, including by seeking refunds or other compensation or benefits for product orders that are not legitimate, or about which you are not being completely truthful in your communications with us.

4. Make commercial use of any content available on the Site.

5. Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the source code underlying the Site.

6. Use any automated software or tools that are designed to extract and copy data (such as bots, spiders, crawlers, or other similar data-mining, data gathering, or data extraction methods) on the contents of, or source code underlying the Site.

7. Collect any information about users of the Site.

8. Attempt to interfere with, disrupt, reverse engineer, steal from, or gain unauthorized access to, any of the software, technology, or equipment that supports the Site;

9. Impersonate another person, or misrepresent your affiliation, with a person or entity;

10. Post advertising or marketing links or content;

11. Access the Site from anywhere in the world where it is unlawful for you to do so.

IV. Discounts & Programs

From time to time we may run promotions, contests, surveys, privileges and other programs, subject to additional terms and conditions which can be found on the Site and are hereby incorporated by reference into these Terms. Promotions, contests, privileges and programs are only valid for the time period specified by us and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock.

The following terms shall apply to the use of credits, vouchers, coupons and codes (collectively, "Discount Code").

1. Each discount code is only eligible for a single or multiple use and is only valid for the time period specified by us.

2. Discount codes may be redeemed by purchasing certain products from Battalion Battery during the applicable validity period. Unless stated otherwise.

3. Use of any discount code must be indicated at the time of checkout, and all information required by us must be provided. No retroactive use of the discount code is permitted.

4. Discount codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.

5. A minimum spend may be required before use of the discount code is permitted.

6. Discount codes cannot be refunded, redeemed or exchanged for cash.

7. Resale, transfer and sharing of discount codes are strictly prohibited. In spite of the above, gift voucher, if offered by Battalion Battery, may be purchased by you and given to others.

8. No reproduction, alteration, adaption, tampering, distribution, publication, broadcast or other communication or dissemination of discount codes is allowed.

9. Discount codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.

10. Battalion Battery reserves the right to verify the validity of any discount code and to declare null and void and charge full price for items purchased, any discount code that in our opinion has been stolen, duplicated, tampered with, or with, or which is suspected to have been misappropriated or fraudulently obtained or used.

11. We reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on the Site.

Any free gift is offered as part of a promotion, the free gift is offered on a "first come first serve" basis. No cash or credit will be offered in lieu of the gift. You are permitted to return a product to Battalion Battery for a refund/credit and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related. If the total order value is reduced below the value of the qualifying free delivery or any promotional qualification because of a returned item, we may charge the delivery fee and/or the full value of the order without the promotion.

Our decision on all matters relating to promotions, discounts, discount codes and other privileges is final and binding. We reserves the right to discontinue any promotion, discount, discount code program, contest, privileges or program at any time without notice or liability.

V. Account Registration

To access or use certain features of the Site, you must register for an account. To be a registered user of the Site, you will be required to provide us with some information about yourself (such as your name, email address, phone number, delivery address and other details). You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form and (b) maintain and promptly update your information to keep it true, accurate and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Battalion Battery has reasonable grounds to suspects that such information is untrue, inaccurate, not current or incomplete, Battalion Battery has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Site (or any portion thereof).

We are concerned about the safety and privacy of all our users, particularly children. For this reason, and to be consistent with the terms of use of any service provider or other third party service providers, you must be at least 18 years of age, or the legal age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.

As part of the Site registration process, you will create a password and account. You will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any authorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Battalion Battery shall be the sole arbiter of such dispute in its sole discretion and that our decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

VI. Advertisements & Links

Battalion Battery may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that Battalion Battery is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.

VII. Site Content

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content contained in or delivered via the Sites or otherwise made available by Battalion Battery in connection with the Site is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Battalion Battery may own the Site content or portions of the Site content may be made available to Battalion Battery through arrangement with third parties. Except as expressly authorized by us in writing or in connection with your use of the intended functionality of the Site, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site content, or post any Site content on any other website or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site content for any other purpose is strictly prohibited without the express prior written permission of Battalion Battery. You shall use the Site content only for purposes that are permitted by this Term and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

VIII. Member Content

We are not responsible for information, data, text, music, sound, photographs, graphics, videos, code, messages, logos, tags, or any other material posted, stored or uploaded by users of the Site, or offered by you through a service. Battalion Battery makes no representations with respect to the accuracy, integrity, or quality of any such content, and shall not in any way be liable for, without limitation, for any errors or omissions in any content, any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site.

The Site may contain bulletin boards, review services, or other forum in which you or third parties may post reviews of experiences or other content, messages, materials or other items on the Site. You are solely responsible for your use of such and you understand that using the services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect you use the services at your own risk.

Battalion Battery is not liable for any statements, representations, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or other content provided by its users in any interactive areas. Although we have no obligation to screen, edit or monitor any of the content posted to or distributed through any interactive area, Battalion Battery reserves the right, and has absolute discretion, to remove, screen or edit without prior notice any content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any content you post or store on the Site at your sole cost and expense.

You acknowledge and agree that if you contribute, provide or make available any content to the Site, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative work based on, perform, display and otherwise exploit your content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all your content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (b) complies with all applicable laws and regulations (foreign or domestic). In additional, your content must be accurate and truthful. Battalion Battery reserves the right to remove any of your content from the Site at any time if we believes in its sole discretion that it does not comply with this Terms. In addition, you agree that we may use your name and profile picture (whether or not you have made it available through the Site) for the purpose of identifying you as existing or past customer of Battalion Battery both on the Site and in marketing and promotional materials.

IX. Member Content Prohibitions

You understand that we do not provide the information on the Site and that all publicly posted or privately transmitted information and/or date, including but not limited to, text, photographs, graphics, messages, images, sounds, emails, comments, feedback, suggestions, ideas, or other materials are the sole responsibility of the person from which such content originated. You agree and represent that you are entirely responsible for all content that you upload, download, post, email, transmit or otherwise use or make available via this Site. Since we do not control the content posted on the Site or sent to you from another use of the Site, advertiser, or other third party, we cannot and do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site and/or the services, you may be exposed to offensive, indecent or objectionable content. You agree that we are not liable for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site or action taken in response or reaction thereto.

You agree not to use the Site for any illegal or inappropriate purpose, and affirmatively represent and warrant:

1. Member content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestion, violent, harassing, threatening, invasive of privacy or publicly rights, abusive, inflammatory, fraudulent, discriminatory or otherwise objectionable.

2. Member content that would constitute, encourage or provide instruction for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

3. Member content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.

4. Member content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or the origin of any member content.

5. Member content that, in the sole judgement or Battalion Battery is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Battalion Battery or its suppliers or users to any harm or liability of any type.

6. Unsolicited promotions, political campaigning, advertising or solicitations.

7. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers.

8. Viruses, corrupted data or other harmful, disruptive or destructive files.

9. Stalk or otherwise harass another.

10. Setup additional account(s) to be used for deceptive purposes ("Sock Puppet Accounts").

X. General Prohibitions

Additionally, you agree not to do the followings:

1. Use this Site or its content for any commercial purpose.

2. Use, display, mirror or fram the Site, or any individual element within the Site, the Battalion Battery trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.

3. Access, monitor, copy or download any Site consent or information of this Site using any robot, spider, scrapper or other automated means or any manual process for any purpose without our express written permission.

4. Violate the restriction in any robot, exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to this Site.

5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

6. Compromise the confidentiality of your member account and password. You are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

7. Collect or store any personally identifiable information from the Site from other users of the SIte without their express permission.

8. Encourage or enable any other individual to do any of the foregoing.

Battalion Battery will have the right to investigate and persecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Battalion Battery has no obligation to monitor your access to or use of the Site or Site content or to edit any content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with the applicable la or the order or requirement of a court, administrative agency or other governmental body. We reserves the right, at any time and without prior notice, to remove or disable access to any content that Battalion Battery, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.

XI. Suspension and Termination

You agree that Battalion Battery has the right in its sole and absolute discretion and without notice or liability to:

1. Restrict, suspend, or terminate your access to all or any part of the Site; and/or

2. Terminate, deactivate or suspend your account, delete your accout and all related information and files in your account without assigning any reason.

Without prejudice to the generally of the above, Battalion Battery reserves the right to deactivate your account if it has been inactive for a period of one year or more, or if you are in breach of any of our Terms.

XII. Indemnity

You agree to defend, indemnify and hold Battalion Battery, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, shareholders, other partners, and employees harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your content; the events listed on the Site; your use of, contribution to or connection with the Site; your violation of this agreement; and/or your violation of any rights of another. Battalion Battery shall provide notice to you of any such claim, provided that the failure or delay by Battalion Battery in providing such notice shall not limit your obligations hereunder. Battalion Battery reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and in such case, you agree to cooperate with all reasonable requests in assisting Battalion Battery's defense of such matter.

XIII. Disclaimers

You expressly understand and agree that (except where prohibited by law):

1. Your use of the Site and/or the services is at your own risk. The Site and services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether expressed or implied, but not limited warranties of merchantability and services of a particular purpose and non-infringement.

2. Any content downloaded or otherwise obtained through the use of the Site and services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

3. No advise or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in our warranty policy.

Battalion Battery makes none of the following warranties, each of which Battalion Battery expressly disclaims:

A) The Site will meet your requirement.

B) The Site will be uninterrupted, timely, secure, or error-free.

C) The information that may be obtained from the use of the Site will be accurate or reliable.

D) The quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations.

E) Any errors in the software will be corrected or that any portion of the Site will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties.

XIV. Limitation on Liability

Battalion Battery shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise with respect to the Site, or any other subject matter of these Terms and you expressly understand and agree that Battalion Battery will not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Battalion Battery has been advised of the possibility of such damages), resulting from any of the following:

1. Your use, or inability to use, the Site.

2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the Site.

3. Unauthorized access to or alteration of data or information that you provide to us via the Site or otherwise.

4. Statements or conduct of any user or third party on or involving the Site.

5. Your reliance on content made available by use or third parties on or via the Site.

6. Any other circumstances arising out of or relating to the Site.

Battalion Battery shall have no liability with respect to any of your content or any content of any other user of the Site. In addition, Battalion Battery is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction ith the Site (including, without limitation, any facilitated payment modes service), and Battalion Battery has no responsibility for and hereby disclaims all liability arising from, the acts or omissions of any such third party service provider the foregoing limitations shall not apply to the extent prohibited by applicable law.

XV. Disputes Resolution

In the event of any dispute between Battalion Battery and you arising out of or in connection with your use of the Site, the parties shall promptly and in good faith, endeavor to resolve any such dispute. If parties are unable to resolve the dispute within thirty (30) days, the either party may submit the dispute to mediation. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the of Battalion Battery to seek recourse in the courts of law, including commencing a legal action. If parties are unable to resolve the dispute and agree on a settlement via mediation, the parties may then elect to pursue the matter in court or via arbitration and shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. In the event the parties elect arbitration, the arbitration shall be conducted at the Kuala Lumpur Regional Centre For Arbitratioin ("KLRCA") and shall be in accordance ith the KLRCA Arbitration Rules and the Arbitration Act 2005, where applicable. Any judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to Battalion Battery's Site and/or the services be instituted more than 6 years after the cause of action arises.

XVI. Governing Law

These Terms are governed by the laws of Malaysia. You hereby irrevocably submit solely to the exclusive jurisdiction of the courts of law of Malaysia in respect of all disputes arising out of or relating to the use of the Sites. Battalion Battery's performance of these Terms is subject to existing laws, regulations and legal process, and nothing contained in these Terms is in derogation of Battalion Battery's right to comply with government, court of law enforcement requests or requirements relating to the use of Battalion Battery's Site or information provided to or gathered by Battalion Battery with respect to such use.

XVII. Change or Update to these Terms

We may review these Terms periodically to ensure that they comply with applicable law and remain consistent with our products and operations. We therefore reserve the right to update and revise these Terms at any time without specific or direct notice to you. You may wish to review these Terms regularly to ensure that you are aware of any changes or updates.

XIX. Waiver

Our failure partially or fully to exercise any of our rights, or our waiver of any violation of these Terms, shall not prevent our later exercise of such right and shall not constitute or indicate our waiver of any subsequent breach. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

XX. Force Majeure

No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure from a force majeure event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the force majeure event occasioning the failure ceases or abates.

For purposes of these Terms of Use, a "Force Majeure Event" is an event which is a circumstances or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use. Such circumstances or event shall include strikes, lockouts, industrial action or labor disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, motor transport or other means of public or private transport, or political interference with the normal operation of any party.

XXI. Severability

If any part or section of these Terms is determined to be invalid, void, or unenforceable for any reason, only that part or section will be severed. Such severing shall not affect the continuing validity and enforceability of the remaining parts or sections.

XXII. General

These Terms shall remain in full force and effect while you use the Site or retail a member account. You acknowledge that Battalion Battery reserve the right, in its sole discretion, to restrict, suspend, or terminate your account or deny you access to all or any of the Site at any time, for any or no reason, including but not limited to your violation of any provision of these Terms and/or any applicable copyright and trademark laws. You agree that termination of your account or restriction on access to the Site may be effective without prior notice, and acknowledge and agree that upon termination of your account or restriction on access to the Site, we may immediately deactivate and delete all related member content, information and files associated with your account, and bar any further access by you to such files and/or the Site. We are not obliged to preserve, keep, or maintain back-up copies of any member content submitted or posted on the Site.

XXIII. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between you and Battalion Battery with respect to the Site and supersede any and all prior oral or written understandings or agreements between Battalion Battery and you relating to the Site, purchases, services, content and programs. Any rights not expressly granted herein are reserved.