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Terms and Conditions
1.2 The Terms and Conditions stated herein constitute a legal agreement between you and ME12PAY Digital Sdn. Bhd. (Company No.: 1270498-M), a company incorporated in Malaysia and having its registered address at 2-19-01 Worldwide @ 7, Jalan Lazuardi 7/20, Section 7, 40000 Shah Alam, Selangor, Malaysia (“we”, “us” or “our”).
1.3 We reserves the right, to change, modify, add, or remove portions of these Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
1.4 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws of Malaysia (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms and Conditions on the minors behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.
2.1 In these Terms and Conditions: -
"Buyer" means the person who purchases Goods on the Platform;
"Conditions" mean these Terms and Conditions of Sale;
"Contract" means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;
"Goods" means the goods and/or services made available for sale on the Platform, including any instalment of the goods or any parts for them;
"Counterfeit", in relation to the Seller’s Goods, shall mean any Goods (including packaging) bearing without authorization a trade mark which is identical with or so nearly resembles the trade mark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trade mark, and which infringes the rights of the proprietor of the trade mark under the Malaysian Trade Marks Act 1976;
“Force Majeure” means any factors or impediment that are beyond the Seller or our reasonable control and that it could not reasonably be expected or to have avoided its consequences including but not limited to war, revolution, insurrection, riots, blockage or embargo, emergency, accident, fire, earthquake, flood, storm, industrial strikes, lockouts or other labour disputes not instigated or caused by the affected Seller or us for the purposes of avoiding its obligations herein, pandemics and viral outbreak. Provided that an event of Force Majeure shall not include economic downturn, non- availability or insufficient funds, or lack of financing on the part of the Seller or us to carry out its obligations under this Agreement
“Platform” means https://simplemall.my website and/or ME12PAY mobile app;
“Prohibited Items” means Goods and/or services as detailed in Appendix 1;
“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor;
“Services” means the use of any services, information and functions made available by us at the Platform;
“Settlement” means the sale price of the Goods purchased by the Buyer plus all other taxes, duties, costs, charges and expenses in respect of the Goods that are to be charged to the Buyer;
“Settlement Date” means settlement time period as agreed between the Seller and us or as notified by us to Seller from time to time;
“Terms and Conditions” means these Terms and Conditions and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;
“Third Party Vendor” means a Seller which, with our permission, uses the Platform and/or Services to sell Goods to the Buyers;
“We, us or our” means ME12PAY Digital Sdn. Bhd. (Company No.: 1270498-M), a company incorporated in Malaysia and having its registered address at 2-19-01 Worldwide @ 7, Jalan Lazuardi 7/20, Section 7, 40000 Shah Alam, Selangor, Malaysia;
"Writing" includes electronic mail, facsimile transmission and any comparable means of communication; and
“You or Your” means the users of this Platform and/or Services including the Buyer and Seller.
2.2 Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Terms and Conditions are for convenience only and shall not affect the interpretation of any parties.
3. USE OF THE PLATFORM AND/OR SERVICES
3.1 We grant you a non-transferable and revocable right to use the Platform and/or Services, subject to these Terms and Conditions, for the purpose of shopping for Goods sold on the Platform. Any breach of these Terms and Conditions shall result in the immediate revocation of the right granted herein without notice to you.
3.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the Seller and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
3.3 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
3.4 We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms and Conditions contained herein and may take any action we deem appropriate;
(b) prevent or restrict your access to the Platform and/or the Services;
(c) report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3.5 You agree and acknowledge to the followings when using the Services at the Platform: -
i) to provide accurate and current information about yourself, and to promptly update such information if there are any changes;
ii) you will be solely responsible for keeping passwords and other account identifiers safe and secure;
iii) you shall be entirely responsible for all activities that occur under such password or account
iv) to take all reasonable precautions and diligence to prevent any unauthorized use of your account;
v) to not keep any written record of login name and password;
vi) to not display or to allow another person to see the login name and password during logging into the Platform;
vii) to not use the login name and password negligently and recklessly which will contribute to or cause losses from any unauthorized transaction by any third party;
viii) to check the account details and transaction and report any discrepancy without undue delay;
ix) to log out from the Platform properly after use and not leave your account logged on;
x) to ensure correct profile is used when using the Services;
xi) at no time and under no circumstances shall you reveal its login name and password to anyone including to any of our staff;
xii) should you have any reason to believe that any of your login name and password have been misused and/or compromised by disclosure, discovered or howsoever, you must inform us immediately and/or take the necessary steps to change and recreate the login name or password;
xiii) you shall not conduct any unlawful or illegal transactions using our Platform and shall immediately report to us upon discovery of any fraud, theft, loss, unauthorized usage or any other occurrence of unlawful or illegal acts in our Platform;
xiv) you agree to lodge a police report whenever instructed by us and to give us a certified copy of such report;
xv) you shall cooperate with us and provide all transactions related details required by any government or regulatory body;
xvii) Use of location data: Our Services and Platform may require data of your location, which data will be sent from your device. You can turn off this functionality at any time by turning off the location services settings on your device. If you turn on the location services setting and use these Services, you shall be deemed to give consent to the us, our partners and licensees transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based services. You may withdraw this consent at any time by turning off the location services settings on your device; and
xviii) that we 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 failure to comply with these Terms and Conditions.
3.6 When using the Services at the Platform the Seller shall:-
(a) not sell Prohibited Items which we may notify from time to time which shall not be sold by the Seller.
(b) shall keep proper account and correct copies of all documents/records relating to the transactions and we shall be allowed at any reasonable time to inspect or take copies of all such documents and shall preserve such documents and records for a period of at least two years from the transaction date;
(c) shall not use the Services and/or the Platform in any manner dishonestly or in bad faith or with malicious intent, in our opinion; and
(d) Seller must have good title or ownership over the goods and services they offer to Buyer.
4. SUBMISSIONS OF INFORMATION
4.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, ratings, reviews, comments, and suggestions (collectively, "Submissions"). You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of the aforementioned. We may, but shall not be obligated to, remove or edit any submissions.
5. SALE OF GOODS
5.1.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller. The identity of the Seller for a particular Goods listed for sale on the Platform may be stated on the Platform listing such Goods.
5.1.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Seller and the said Seller has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Seller. Where the Contract is entered into directly between the Buyer and a Seller, we are not a party to the Contract or any other Contract between the Buyer and the Seller and we accept no obligations in connection with any such Contract. Buyer and Seller shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.
5.1.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Seller through the Platform are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
5.1.4 While the Seller endeavours to provide an accurate description of the Goods, neither the Seller or us warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 5.6 shall apply.
5.1.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by us in our Platform shall be subject to correction without any liability on the part of us.
5.1.6 We will not be responsible for any taxes or duties imposed by any authorities in respect of the sale of goods and such taxes and duties shall be borne by the Buyer or Seller.
5.2 ORDERS AND SPECIFICATION
5.2.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Sellers acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. We shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which we shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
5.2.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon us issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, we shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. We shall furthermore be entitled to require the Buyer to furnish us with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
5.2.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Seller and us and on the terms that the Buyer shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of the modification or cancellation, as the case may be.
5.3.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable delivery fee, sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to us.
5.3.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which we shall, on behalf of Seller, notify the Buyer of such cancellation. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.
5.4 TERMS ON PAYMENTS
5.4.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. All payments shall be made to us, either accepting payment in its own right or as Sellers agent. Buyer and Seller acknowledges that we are entitled to collect payments from Buyer on behalf of Seller.
5.4.2 The Terms and Conditions applicable to each type of payment, as prescribed by us on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
(a) Credit Card
Credit card payment option is available for all Buyers. We accept all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyer is protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
(b) Debit Cards
We accept all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card information of Buyer is protected by industry leading encryption standards.
(c) Online Banking
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to our bank account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia (RM). We may in our sole discretion refuse this payment option service to anyone or any user without notice for any reason at any time.
5.4.3 Buyer and Seller shall bear their own cost of any obligation imposed upon them under the applicable law with respect to any taxes or similar items in connection with the transaction.
5.4.4 We shall remit the Settlement to the Seller on the Settlement time period as agreed between the Seller and us. For the avoidance of doubt, we shall remit the settlement on the Settlement Date however we make no guarantee regarding the actual date of receipt of such settlement by the Seller. We may together with each Settlement to the Seller provide a report containing a breakdown of Settlement for the relevant transactions undertaken.
5.4.5 We shall remit all Settlement to the Seller’s designated bank in Malaysia Ringgit (RM) by wire transfer or such other method preferred by us.
5.4.6 We may hold back from the Settlement any amounts reasonably required to cover potential or expected refunds (if applicable).
5.4.7 With respect to each Settlement made, the Seller shall reconcile its sales report against the Settlement report (where the same is provided by us) for the relevant transactions. If the Seller discovers any discrepancy in the Settlement by us, the Seller shall within fifteen (15) days from the Settlement Date notify us of such discrepancy together with the relevant supporting documents evidencing the discrepancy, failing which the Seller waives its rights to raise any dispute and is deemed to have accepted the Settlement made by us as correct. Where the Seller notifies us of a discrepancy within the timelines stated herein, the Seller and us shall resolve the discrepancies in good faith as soon as practicable.
5.4.8 Should there be any dispute in relation to the Settlement or any payment between Seller and us, we shall only remit the undisputed amount or part thereof to the Seller prior to the resolution of such dispute.
5.4.9 It shall be the Seller’s responsibility to ensure that the details of the Seller’s designated bank provided to us remain accurate and correct and should keep us updated if there are any changes. We shall not be held liable should the Settlement or any monies are being remitted to a wrong account if the Seller fails to comply with this clause.
5.5.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order and Seller shall be fully responsible for the delivery of the Goods to the Buyer.
5.5.2 Seller has the right at any time to sub-contract all or any of the Seller’s obligations for the sale/delivery of the Goods as Seller may from time to time decide without giving notice of the same to the Buyer.
5.5.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and we shall not be liable for any delay in delivery or performance howsoever caused.
5.5.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Seller and us, be entitled to demand performance within a specified time thereafter and such specified time shall be within 7 days from delivery date. If Seller fail to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.
5.5.5 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 5.5.4 above, Buyer shall immediately notify us of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as our fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. We shall be entitled at any time to demand the Buyer to return the Goods to us and in the event of non-compliance we reserve our rights to take legal action against the Buyer for the return of the Goods and also reserve our right to seek damages and all other costs including but not limited to legal fees against the Buyer.
5.5.6 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyers reasonable control or not due to Sellers fault) then without prejudice to any other right or remedy available to us, Seller may terminate the Contract.
5.6 RETURN, REFUND, AND REPLACEMENT OF GOODS
5.6.1 All Goods sold on the Platform is covered under our return and refund policy depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with us through the Platform or with the Seller directly.
5.6.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to Seller within 7 calendar days from the delivery date. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact us or Seller within 48 hours of receiving the delivery to expedite the claim process.
5.6.3 Buyer may only apply for return of the purchased Goods in the following circumstances:
(a) the Goods delivered to Buyer is defective and/or damaged on delivery;
(b) the Goods, in particular fashion items, which does not fit;
(c) the Goods delivered to Buyer is fundamentally different from the description provided by Seller in the listing of the Goods;
(d) the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;
5.6.4 Notwithstanding Clause 5.6.3, neither Seller or us shall entertain Buyers request for a return, refund and replacement of Goods in the following circumstances:
(a) delivery cannot be made due to the Buyer providing delivery address which is incorrect or incomplete;
(b) Buyer refuse to accept the delivery of the Goods for any reason whatsoever;
(c) Buyer fails to adhere to any of the delivery instructions issued by Seller or us, including where Buyer or Buyers representative are not present to received the Goods when the delivery person attempts delivery, or any of the instructions which Buyer issued to the Seller or us or the delivery person cannot be reasonably fulfilled;
(d) delivery cannot be made to Buyers address for whatsoever reasons due to Force Majeure;
(e) such other circumstances which may be prescribed by us on the Platform; and
(f) any perishable Goods are not allowed. To ensure that Buyer is satisfied with the perishable Goods when Buyer received, Buyer should inspect the contents as soon as the order arrives.
5.6.5 The application for return of purchased Goods may also be subject to additional terms and conditions prescribed by us on the Platform. Please contact us for further details.
5.7 QUESTIONS AND COMPLAINTS WITH REGARDS TO RETURNS
5.7.1 If Buyer has any questions or complaints: -
(i) Buyer may either contact the Seller directly; or
(ii) contact us using the “Contact Us” page on the Platform or via email at [email protected] whichever applicable].
5.7.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, we reserve the right to suggest and implement an appropriate resolution at our sole discretion.
5.8 RISK AND PROPERTY OF THE GOODS
5.8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Seller has tendered delivery of the Goods.
5.8.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Terms and Conditions, the property in the Goods shall not pass to the Buyer until we have received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.
5.8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as our fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
5.8.4 The Buyer agrees with us that the Buyer shall immediately notify us of any matter from time to time affecting our title to the Goods and the Buyer shall provide us with any information relating to the Goods as we may require from time to time.
5.8.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), we shall be entitled at any time to demand the Buyer to return the Goods to us and in the event of non-compliance we reserve our right to take legal action against the Buyer for the return of the Goods and also reserve our rights to seek damages and all other costs including but not limited to legal fees against the Buyer.
5.8.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of ours but if the Buyer does so all moneys owing by the Buyer to us shall (without prejudice to any other right or remedy of ours) forthwith become due and payable.
5.8.7 If the provisions in this Clause 5.8 of these Terms and Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
5.8.8 The Buyer shall indemnify us against all loss damages costs expenses and legal fees incurred by the us in connection with the assertion and enforcement of our rights under this condition.
5.9 TERMINATION OF CONTRACT
5.9.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to us through our Contact Us page at https://simplemall.my via email at [email protected]. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 5.6 of these Terms and Conditions.
5.9.2 Without prejudice to any other right of termination elsewhere in these Terms and Conditions, Seller or us acting on Sellers behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
(a) the Goods under the Contract being unavailable for any reason; and/or
(b) the Goods under the Contract has been mispriced on the Platform.
5.10 WARRANTIES AND REMEDIES
5.10.1 Subject to or as expressly provided in these Terms and Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
5.10.2 Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Seller further gives to the Buyer such implied warranties as cannot be excluded by law.
5.10.3 The above warranty concerning the Goods is given subject to the following conditions:
(a) No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions;
(b) Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description;
(c) Seller or us shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Seller, addition and insertion of parts, in particular of spare parts which do not come from Seller;
(d) Seller or us shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Sellers instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Sellers approval;
(e) Seller or us is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Sellers prior written approval and the Buyer shall indemnify Seller and/or us against each loss liability and cost arising out of such claims;
(f) Seller or us shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment to us;
(g) Seller or us shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
Notwithstanding the above, pursuant to Clause 5.1.2 we shall never be liable for any such special or particular description which may have been provided by Seller through the Platform. We shall also not be liable for and do not give any warranty as to the quality state condition or fitness of the Goods or remedies to the Goods.
5.10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to Seller in exchange for a replacement or a refund in accordance with our Return Policy and Clause 5.6 of these Terms and Conditions above.
5.10.5 When Seller has provided replacement Goods or we have given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of Seller of ours.
6. INTELLECTUAL PROPERTY, TRADEMARKS AND COPYRIGHTS
6.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, contents, collective works, text, logos, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners.
6.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment of any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the materials.
6.3 The infringement of any Intellectual Property rights by user of the Platform is strictly prohibited. Users of the Platform who upload content, list Goods or services, or use the Platform in any manner which infringes Intellectual Property rights shall be subject to the measures detailed in our Platform policies, including but not limited to the issuance of non-compliance points, the suspension of your account, permanent termination from the Platform and/or any action deemed necessary by us, including but not limited to the initiation of civil or criminal proceedings by us independently or in conjunction with rights holders.
6.4 The types of Intellectual Property right infringement which are prohibited on our Platform include, but are not limited to:
I. Listing counterfeit products or services on the Platform, including:
(a) Where you apply a sign or signs identical to a registered trademark, to a product or service to establish the origin of such product or service, and the application of such sign has been conducted without the express or implied consent of the proprietor of the registered trademark, in relation to the goods or services for which that trademark is registered, or to such goods or services that are closely related to the goods or services registered;
(b) Where you apply a sign or signs similar to a registered trademark, to a product or service to establish the origin of such product or service, without the express or implied consent of the proprietor of the registered trademark, in relation to the product or services for which that trademark is registered or to such goods or services that are closely related to the goods or services registered, and there exists a likelihood of confusion on the part of the public with regards to the origin of the product or services;
(c) Where you reproduce, publish or distribute, artistic, literary, musical or dramatic works which are subject to copyright, and offer such works for sale on the Platform without the express or implied consent of the owner of the copyright; or
(d) Deceptive or misleading conduct by you in connection with the listing of product or services on the Platform, or any conduct intended to circumvent our anti-counterfeiting measures.
II. Infringing content. This includes:
(a) Where you reproduce artistic, literary, musical or dramatic works which are subject to copyright and use such works for the description of products or services on the Platform, without the express or implied consent of the owner of the copyright;
(b) Where you use a sign or signs in connection with the description of products or services on the Platform, and such signs are identical or very similar to a registered trademark, and the application of such sign has been conducted without the express or implied consent of the proprietor of the registered trademark, in relation to the goods or services for which that trademark is registered and there exists a likelihood of confusion on the part of the public with regards to the origin, endorsement or association of the product or services and the registered trademark; or
(c) you publishing product descriptions or other information which are misleading or misrepresentative of the product listed for sale.
III. Other types of intellectual property infringement. This includes:
(a) The infringement of any other type of intellectual property right recognized under the law of the country where the notice of infringement is filed, including, but not limited to, the infringement of patents or registered designs, or any type of intellectual property right recognized under law or by the final court order of an apex court.
To file a notice of infringement please contact us via email at [email protected].
7. OUR LIMITATION OF RESPONSIBILITY AND LIABILITY
7.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by us of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
7.2 Without limiting the foregoing, we do not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
7.3 We and all of our respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
7.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
7.5 In no event shall we be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer or Seller) even if such loss were reasonably foreseeable or if we have been advised by the Buyer or Seller of the possibility of incurring the same.
7.6 The Buyers remedies set out in Clause 5.6 of these Terms and Conditions are the Buyers sole and exclusive remedies for non-conformity of or defects in the Goods.
7.7 Notwithstanding any other provision of these Terms and Conditions, Buyers and Sellers maximum cumulative liability to the other party for all losses under, arising out of or relating to the sale of Goods under each Contract, shall not exceed the sums that Buyer has paid to Seller under such Contract.
7.8 We shall not be liable for non-performance, error, interruption or delay in the performance of Sellers and/or our obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platforms and/or Services contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Seller’s and/or our reasonable control.
8.0 FORCE MAJEURE
8.1 Neither Seller or us shall be liable for any cost or otherwise, for any delay and/or failure in the execution of respective obligations if such delay or failure is due to Force Majeure.
8.2 If Seller or us is prevented or delayed in the performance of any obligation under this Agreement by events of Force Majeure, the affected party shall give written notice thereof to the non-affected party within seven (7) days of the happening of such event, specifying the details constituting Force Majeure and the anticipated period during which such prevention, interruption or delay may continue.
8.3 Where possible the non-affected party shall diligently mitigate or remove the effects of Force Majeure. Parties upon receipt of the notice of Force Majeure shall confer promptly with the other and agree upon a course of action to remove or alleviate such effect and shall seek reasonable methods of resuming full performance of its obligations and achieving the objectives under this Terms and Conditions.
9.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
10. USE AND DISCLOSURE OF DATA
10.2 Seller shall comply with all applicable consumer, personal data protection and other laws and regulations with respect to its use of the Platform, correspondences with the Buyer and its processing, use and disclosure of Buyers data.
11.1 Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed, if to us, to our registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order, and if to the Seller, to the address stipulated in the information when Seller registered with us.
12.1 You shall not assign or novate these Terms and Conditions without our prior written consent. Your account cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever.
12.2 We may assign or novate these Terms and Conditions to any third party by written notice to you and you shall execute such documents as may be reasonably required to give effect to the assignment or novation.
13.1 No waiver by us of any breach of these Terms and Conditions by the Buyer or the Seller shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms and Conditions.
14.1 If any provision of these Terms and Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
15. APPLICABLE LAW AND JURISDICTION
15.1 These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.
16.1 Any controversy, claim or dispute arising out of or relating to these Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party and shall be in English language. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.
16.2 Notwithstanding Clause 15.1, Buyer shall exhaust all legal avenues against Seller should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against us.
16.3 Notwithstanding Clause 8, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
17.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms and Conditions. Upon any termination of these Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that we shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.
1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services;
2. Body parts which includes organs or other body parts;
3. Pornography or obscene information or activities which includes but not limited to pornographic materials involving minors;
4. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
5. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including but not limited to herbal drugs like salvia and magic mushrooms;
6. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
7. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
8. Engage in any activities or information which contain viruses, Trojan horses, worms, time bomb cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
9. Illegal goods, which includes materials, products, or information promoting illegal goods or enabling illegal acts including but not limited to illegal gambling, illegal gaming, illegal money lending and etc;
10. Offensive goods, which includes literature, products or other materials that: (a) defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors (b) Encourage or incite violent acts (c) Promote intolerance or hatred;
11. Offensive goods, crime that includes crime scene photos or items, such as personal belongings, associated with criminals;
12. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
13. Fraudulent activities including but not limited to selling counterfeit or stolen items;
14. Engage in any activities or information that is false, inaccurate or misleading;
15. Infringing on any copyright, patent, trademark, trade secret or other property right or rights of publicity or privacy;
16. Engage in any activities or information which is defamatory, trade libel, unlawfully threatening or unlawfully harassing;
17. Engage in any activities or information or business or dealings that involves unapproved cryptocurrencies, digital currencies, initial coin offerings or digital currency exchanges and any other related businesses or dealings;
18. Any product or service, which is not permitted or not in compliance with all applicable laws and regulations in Malaysia.