Terms & Conditions

TERMS AND CONDITIONS

PURPOSE OF TERMS AND CONDITIONS

These TERMS AND CONDITIONS govern the User’s access to this Website and use of the Services provided by the Company. It is important that the User reads and understands these Terms and Conditions together with any other notice or policy that the Company may provide on specific occasions so that the User is fully aware of its rights and obligations when accessing this Website and using the Services. These Terms and Conditions supplements other notices and policies, and is not intended to override them.

ACCEPTANCE OF TERMS AND CONDITIONS

These Terms and Conditions (including the Privacy Policy) set out the agreement between the Company and the User with regards to the access of the Website and the Services provided by the Company.

By becoming a User, the User is deemed to have understood, accepted and agreed to be bound by these Terms and Conditions. The Company reserves the right to modify, update or amend the terms of these Terms and Conditions at any time. Please check these Terms and Conditions regularly for updates. By continuing to use this Website or by continuing to use the Services following the modifications, updates or amendments to these Terms and Conditions, this shall signify User’s acceptance of such modifications, updates or amendment.

IT IS HEREBY AGREED AS BELOW: 

1. DEFINITION AND INTERPRETATION

1.1        Definition

In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings: -

1.2        Interpretations

In these Terms and Conditions, unless the context otherwise requires:

(a)         recitals and headings are used for convenience only and do not affect the interpretation of these Terms and Conditions;

(b)         words importing the singular include the plural and vice versa;

(c)          words importing a gender include any gender;

(d)         an expression importing a natural person includes any corporation or other body corporate, partnership, association, Public Authority, two or more persons having a joint or common interest, or any other legal or commercial entity or undertaking;

(e)         a reference to a party to a document includes that party’s successors and permitted assigns;

(f)          where a word or phrase is given a defined meaning in these Terms and Conditions any other part of speech or grammatical form of a word or phrase defined in these Terms and Conditions has a corresponding meaning;

(g)         reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted and includes all by-laws, instruments, orders rules and regulations made under it;

(h)         any reference to “these Terms and Conditions” is a reference to these Terms and Conditions (including the schedules and appendices) and any written amendments, supplements or novation of these Terms and Conditions from time to time, and includes a reference to any documents which amends, waives, is supplemental to or novates the terms of these Terms and Conditions;

(i)          any reference to a date or time is a reference to that date or time in Malaysia;

(j)          where the day on or by which any act is to be done is a Sunday or a public holiday in the place in which that act is to be done, then that act must be done on the next working day;

(k)         any Terms and Conditions, notice, consent, approval, disclosure or communication under or pursuant to these Terms and Conditions must be in writing;

(l)          words denoting an obligation on a party to do an act, matter or thing includes an obligation to procure that it be done or words placing a party under a restriction include an obligation not to permit an infringement of the restriction;

(m)        a reference to “days” shall mean Gregorian calendar days;

(n)         the expression “including” or “include” means “including without limitation” (with related words being construed accordingly); and

(p)         no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms and Conditions or any part of it.

2. USER ACCOUNT

2.1        To use the Services, the User will need to register with the Company by creating an account with the Company (“User Account”). Creation of the User Account is free and only individual of eighteen (18) years and above is eligible to create a User Account with the Company. If you are under the age of eighteen (18) years of age (“Minor”), the Minor is required to obtain parent or guardian consent. If you are the parent or legal guardian of a Minor who is creating a User Account, you must accept and comply with these Terms and Conditions on the Minor's behalf and you will be responsible for the Minor’s actions, any charges associated with the Minor’s use of the Website, Services and/or Transactions made on the Website. If the Minor does not have consent from his/her parent(s) or legal guardian(s), the Minor must stop using/accessing this Website and/or Services.

2.2        The User agrees to provide the necessary information to the Company for registration purpose. The Company may, in its sole discretion, approve or refuse an application made by any person to be a User without the need to assign any reason.

2.3        The Company expects the User to safeguard and maintain the security of his/her User Account. The User warrants, represents and agrees that:

• the User Account and User’s use of any of the services in relation to the User Account is for User’s own sole personal use and the User will not authorize others to use his/her identity or User status, or assign or otherwise transfer the User Account to any other person or entity.
• the User will not invent a false persona, but will use your real identity at all times on the application.
• the User will not impersonate another person or entity, or otherwise misrepresent User’s affiliation with another person or entity.
• if the User invents a false persona or misrepresent his/her real identity, the Company reserves the right to disable, delete, or suspend the User Account without prior notice.
• to the fullest extent permitted under the law, the User shall keep all information obtained through this application secure and confidential.
• the User is solely responsible for maintaining the confidentiality of the information he/she holds for his/her User Account, including the password, and for any activity that occurs under or through his/her User Account. Notwithstanding that the User Account information may have been used by another person without the User’s knowledge or authority, the Company shall not be liable for any loss, damage, cost or other expense incurred by the User due to any third party using the User Account or password howsoever caused.
• the User will not take any action to disable any function provided by, and/or agreeing to any settings of, User’s mobile device that would otherwise result in the security of User Account being compromised.
• if the Company disables, deletes, or suspends the User Account, the User agrees he/she will not create another User Account without the Company’s prior written permission.

2.4        The User is responsible for ensuring that the User Account is only used by the User him/herself, and that the User treat his/her user IDs, authorization codes or passwords with extreme care. The User acknowledges and agrees that the User is fully informed of the protections and risks associated with using this Services.  The User agrees that the security procedures, if any, to be followed by the User in connection with the Services. If the Company receives instructions that appear on their face to have been given by the User via the Services, the User understands and agrees that the Company cannot determine the identity of the actual sender of such instructions and that the Company shall be entitled to conclusively presume that such instructions have been sent by the User. 

2.5        The User may terminate his/her User Account at any time.

2.6        The Company reserves the right to suspend or terminate the User Account in the event that including but not limited to the User is involved or likely to be involved in dishonest, fraudulent, illegal and/or criminal activities in using the Services, the User is in breach of or likely to breach any acts, statutes, laws, by-laws, rules and/or regulations imposed by any regulatory body or government agency in using the Services, the User is in breach or likely to breach any of the terms of these Terms and Conditions.

2.7        The Company will not be held liable for any losses or damages that the User may incur upon suspension or termination of the User account by the Company. Any suspension or termination of the User Account by the Company pursuant to these Terms and Conditions is without prejudice to the Company’s other rights and remedies under these Terms and Conditions or at law.

2.8        Upon the User’s request, the Company may reactivate the User Account in its sole discretion. However, the Company will not reactivate the User Account if the User fails to cooperate with the Company or fails to provide any relevant information upon the request by the Company.

2.9        The User agrees to immediately notify the Company by contacting its customer care department in the event that there is any fraudulent or unauthorized use of the User Account. The Company’s customer care department will investigate the complaint and suspend the User Account as soon as practicable. However, the Company will not be liable to compensate the User any of the loss or damages suffered by the User due to any fraudulent or unauthorized use of his/her User Account as it is the User’s duty to take the necessary precautions to safeguard its User Account.

3. USE OF WEBSITE AND/OR SERVICES

3.1        The Company grant the User a non-transferable and revocable license to use the Website and/or Services.

3.2        Content provided on this Website is solely for informational purposes. Unless otherwise stated, Product representations expressed on this Website are those of the merchant and are not made by the Company.

3.3        The Company reserves the right, but shall not be obliged to:

(a)         monitor, screen or otherwise control any activity, content or material on the Website and/or through the Services. It is in the sole and absolute discretion of the Company to investigate any violation of these Terms and Conditions contained herein and may take any action it deems appropriate;

(b)         prevent or restrict access of any an authorized User to the Website and/or the Services;

(c)          report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; or

(d)         to request any information and data from you in connection with your use of the Services and/or access of the Website 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.

3.4        By using the Website and/or Services, User agrees and undertakes that:

(a) User will:

(i)          comply with these Terms and Conditions, and all applicable laws of Malaysia relating to use of this Website and/or the Services therein.

(ii)         use this Website and/or the Services therein for valid and legal purposes only.

(iii)        review his/her transaction history regularly. The transaction history in his/her User Account is final and conclusive.

(iv)        use the User Account exclusively for his/her own benefit.

(v)         authorize the Company to rely and act upon all communications and instructions given by him/her. Any instruction or communication sent from the User Account shall be deemed to have been issued by the User irrespective of whether such instructions, confirmations and/or communications were actually sent by the User.              

(b) User will not:

(i)          use this Website and the Services therein to engage in money-laundering, terrorism financing, drug trafficking, wagering or other fraudulent, illegal or criminal activities.

(ii)         use this Website and the Services therein in any way which undermines or infringes on the Company’s rights or the rights of any third party.

(iii)        transfer or assign your User Account to any third party. The User Account is not a bank account or any form of term deposit. The User Account cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever. No interest, dividends or other payments shall be accumulated or payable to the User or other benefits held in the User Account.

(iv)        do anything which disrupts, interferes or interrupts with the proper operation of the Website and the Services therein.

(v)         attempt to defraud, infect or spam the system, manipulate the services or attempt to obtain any unlawful or fraudulent gains under the Website and the Services therein or any offer made from time to time.

3.5        Third Party Merchant

The User acknowledges that third parties other than the Company (“Third Party Merchant”) may list and sell Products on the Website. Whether a particular Product is listed for sale on the Website by the Company or a Third Party Merchant may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Merchant’s Products to a User shall be an agreement entered into directly and only between the Third Party Merchant and the User.

4. INTELLECTUAL PROPERTY RIGHTS

4.1        The User acknowledges that all trademarks, copyrights and other intellectual property rights relating to the Websites and/or the Services are owned by or licensed to the Company, and shall remain the sole property of the Company or its licensor, as the case may be.

4.2        The User agrees not to dispute the ownership of all trademarks, copyrights and other intellectual property rights relating to the Website and/or Services. The User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell any information, software, products or services obtained from the Services.

4.3        Any such unauthorized modification, distribution, transmission or any other method of reproduction of any of the contents of the Website and/or the Services therein may amount to infringement of our intellectual property rights. The Company reserves its right to commence any legal action to safeguard its intellectual property rights. The Company disclaims all liability which may arise from any unauthorized reproduction or use of the contents of the Website and/or the Services therein.

5. PRIVACY POLICY

5.1        The User agrees and accepts all the terms of the Privacy Policy are incorporated herein by reference and shall form an essential and integral part of these Terms and Conditions.

6. DISCLAIMER

6.1        The Website and/or Services are provided on an “as is” and “as available” basis. The Company disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Website and/or Services including but not limited to accessibility, timeliness and uninterrupted use of the Website and/or Services; and completeness, timeliness, sequence, accuracy or the security of any data, information provided to the User as part of the Services.

6.2        The User expressly agrees that its use of the Website and/or Services is at its sole risk and discretion and the User will assume total responsibility thereof. The User will rely on its own review and evaluation of the Services to assess its suitability for its particular purpose. The User sole remedy against the Company in the event of dissatisfaction is to cease using the Services.

6.3        The Website contains information and materials provided by Third Party Merchant (“Third Party Content”).

6.4        By accessing the Website, the User acknowledges and agrees that the Third Party Content is not created by the Company. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any product or services or make any other type of purchase or decision.

6.5        The Company does not provide any warranty of any kind, express or implied, regarding the Third Party Content. The Company disclaims any responsibility or liability related to User’s access or use of any Third Party Content.

6.6        Third party links that may be accessed via the Website are for the convenience of browsers only. The Third Party Content including any website to which the User links from the Website is solely the responsibility of the provider of the Third Party Content. Any transactions that the User enters into with the provider of the Third Party Content listed in the Website or linked from the Website are solely between the User and the provider of the Third Party Content and therefore subject to the applicable terms and conditions imposed by that provider of the Third Party Content. The User shall liaise with the provider of the Third Party Content directly with matters concerning the transactions that the User enters into with the provider of the Third Party Content. The Company is not responsible in any way for any such Third Party Content that may be accessed via the Website. The Company does not endorse the Third Party Content contained in the Website, nor the provider of the Third Party Content, and hereby disclaims any responsibility for the Third Party Content.

6.7        The User acknowledges that no guarantees are made by the Company or the Website as to the Third Party Content’s accuracy, completeness, or timeliness. The User acknowledges and agrees not to hold the Company, the Website, liable for any product or services purchase or any decision or other transaction the User may make based on the reliance on or use of the Third Party Content, or any liability that may arise due to the delivery of the Third Party Content for any reason.

7. LIMITATION OF LIABILITY

7.1        The Company shall not be liable for any special, incidental, indirect or consequential damages, or for any lost revenue, profits or business arising out of, or in connection with the Services and the User Account (including any breach hereof).

8. INDEMNIFICATION

8.1        The User agrees to, at its sole cost and expense, indemnify, defend and hold harmless the Company against any and all cost, claims, suits, actions, demands, damages, liabilities, expenses (including reasonable fees and disbursements of counsel), judgments, settlements and penalties of every kind (collectively “Losses”) in connection with: (a) any breach by the User of any terms contained herein; (b) any failure by the User to comply with all applicable laws in connection with the Website and/or Services provided hereunder; (c) any violation or claimed violation of a third party’s rights, including intellectual property rights in connection with the Website and/or Services; or (d) the negligent or intentionally wrongful acts or omissions of the User.

9. GOVERNING LAW AND JURISDICTION

9.1        These Terms and Conditions shall be interpreted, construed and enforced in all respects in accordance with the laws of Malaysia. The User irrevocably submits to the exclusive jurisdiction of the courts of Malaysia, in connection with any action under these Terms and Conditions, or otherwise arising under or by reason of these Terms and Conditions.

10. MISCELLANEOUS

10.1        In the event that any provision of these Terms and Conditions conflicts with the law under which the Terms and Conditions is to be construed or is held invalid by a court with jurisdiction over the parties to the Terms and Conditions, (i) such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining provisions of these Terms and Conditions will remain in full force and effect.

10.2        The captions in these Terms and Conditions are included for convenience only and shall not affect the meaning or interpretation of these Terms and Conditions. 

10.3        No failure or delay by the Company in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any other rights, power or privilege hereunder. 

10.4        The Company shall not be liable for any failure to perform its obligations herein caused by event which is outside the Company reasonable control (“Force Majeure Event”). Force Majeure Event includes an act of God, pandemic, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, persons or bodies, or any competent authority, labor trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, or floods.

10.5        The User may not assign or transfer its rights or obligations granted under these Terms and Conditions by operation of law, contract or otherwise, without the Company’s prior written consent, provided, however, that Company may, without the consent of the User, delegate any obligations under these Terms and Conditions or assign these Terms and Conditions in whole or in part to an affiliate capable of performing the Company’s obligations hereunder. These Terms and Conditions shall be binding upon and inure to the benefit of the successors and permitted assigns of each party.

10.6        These Terms and Conditions constitutes the entire Terms and Conditions between the Company and the User with respect to the subject matter set forth in these Terms and Conditions, and supersedes any prior written or oral Terms and Conditions or understanding relating to this subject matter. 

10.7        The Company and the User are independent contractors and nothing contained in these Terms and Conditions will be deemed to create an employment, association, partnership, joint venture, agency or other relationship between or among the parties or any of their respective personnel.

10.8        Recognizing that money damages may not be an adequate remedy in the event of a breach of the provisions of these Terms and Conditions regarding confidentiality, privacy and data protection and intellectual property and that such a breach may cause immediate and irreparable harm, the Company shall have the right to seek equitable relief, including injunctive relief and specific performance, without the necessity of posting any bond in connection therewith.

10.9        Except as set forth in these Terms and Conditions, the User shall not be granted any rights under these Terms and Conditions to use any trademark, trade name or service mark, which belongs or is licensed to the Company.