Terms and Conditions

Purpose

The purpose of this is to clarify the rights and obligations of Users who have registered themselves to use this Platform. By accepting this Agreement, the User agrees that all Agreements, Terms & Conditions, and Privacy Policy determined by the Company in the Platform will apply whenever the User uses the Platform and other related services.

Agreements and Guidelines to the use of Platform and/or Services

By using this Platform and/or Services, the User hereby agrees to comply with all effective notices, guidelines, rules and policies and instructions pertaining to the use of the and/or access to the same issued by the Company, from time to time. The Company reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time without notice given to the User and by accessing the Platform and/or Services, the User are deemed to be aware of and bound by any changes to the foregoing upon their broadcast on the Platform.

Availability of Platform and Services: The Company 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 the User from accessing the Platform or any part of the Services.

Non-obligation right to monitor content

The Company is not obliged but shall reserve the right to do the following:

To monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. The Company have sole and absolute discretion to investigate any violation of the terms and conditions contained herein and the User shall agree on any action taken by the Company as the Company deem appropriate;
To prevent or restrict access of any User or User to the Platform and/or the Services without any reason whatsoever;
To 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; and/or
To request for any information and data from the User in connection with the User’s use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if the User refuse to divulge such information and/or data or if the User provide or if the Company have reasonable grounds to suspect that the User have provided inaccurate, misleading or fraudulent information and/or data and may bar the User from using the Platform and/or the Services based on such suspicion.

Restricted activities

The User agrees and undertake NOT to:

impersonate any person or entity or to falsely state or otherwise misrepresent the User’s affiliation with any person or entity;
use the Platform or Services for illegal purposes;
attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or user accounts or networks connected to the Platform or Services;
post, promote or transmit through the Platform or Services any Illegal or Prohibited Materials or taxable Materials which are not legally taxed by the authorities;
interfere with another’s utilisation and enjoyment of the Platform or Services;
use or upload, in any way, any software or material that contains, or which the User have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another User’s computer or mobile device or the Platform or Services; and
use the Platform or Services other than in conformance with the acceptable policies of any computer networks, any applicable good practice standards and any other applicable laws.

The User’s use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out in the Platform.

Terms & Conditions of Shop

Purchases of any Product would be subject to the Terms & Conditions of Sale.

Additional terms

In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by the Company or our designated Sellers, may be subject to additional terms and conditions, which will apply in full force and effect.

Seller’s Accounts

In using the Platform, Seller is responsible for maintaining the confidentiality of Seller's own account and password, and for restricting unauthorised access to Seller's account.

Seller hereby agrees to accept responsibility for all activities that occur under the Seller's account.

Without limiting other remedies, the Company may limit, suspend, or terminate the Platform, its service and user accounts, prohibit access to the Platform and its contents, delay or remove hosted contents , and take technical and legal steps to keep users off the sites if, based on the Company's sole discretion, it is Considered that Seller is causing possible legal liabilities, infringing the intellectual property rights of third parties, in breach of any of the Terms and Conditions or this Agreement or acting inconsistently with the letter or spirit of the Company Policies (for example, and without limitations, policies related to fraud actions, conducting off-site transactions, feedback manipulations, circumventing temporary or permanent suspensions or users WHO we believe are harassing the employees of the Company or other users). Additionally, the Company may suspend or terminate the accounts of any Sellers WHO may be recurring infringers of intellectual property rights of third parties. Also the Company reserves the right to terminate accounts that have been inactive for 3 (three) months and/or not responding to more than 3 (three) orders submitted within the stated time limit of 48 hours, in accordance with the Policies as determined by the Company. While using this Platform as a Seller, Seller will must not:

Post inappropriate content or products in the categories or areas on the Platform or services;
Violate any laws, third party rights, or Policies such as the Prohibited and Restricted products policies;
Use the Platform or services as a Seller if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Platform;
Manipulate the price of any product or interfere with other user's listings;
Manipulate the fee structure, the billing process, or fees owed to the Company;
Post False, Inaccurate, misleading and/or defamatory content (including personal information);
Take any action that may undermine the feedback or ratings systems;
Distribute or post spam, chain letters, or pyramid schemes;
Distribute viruses, Trojan horses, backdoors, worms or any other technologies or programs that may harm the Platform, or the interests or property of users of the Platform;
Copy, modify, or distribute the contents from the Platform and the Company's copyrights and trademarks; or
Harvest or otherwise collect information about users, Including but not limited to email addresses, without Reviews their consent; or
Use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, or other policy holds Consequences as regulated by the Company.

Violations of this Agreement may result in a range of actions, Including but not limited to:

Account suspension / termination
Loss of Settlement Amount
Limits placed on account privileges
Remarks tagged to account
Criminal charges and / or claims for damages

Service Fees

Charges shall be incurred for a number of service fees for completed transactions such as Transaction Fee Service Charges, various service fees for marketing and promotion features, and other service fees as determined by the Company as stipulated in the Seller Agreement and/or Fee Schedule. When a Seller uses a product or a service that has a fee, the Sellers will have an opportunity to review and accept the fees that will be charged upon them for the transaction they are about to make, as stipulated in Fees Schedule. If applicable, all fees are subject Goods and Service Tax (“GST”) and other taxes under all applicable laws and regulations, and the Company may charge the Sellers such GST and other taxes additionally. Seller agrees that service fees and taxes may be paid by deduction from the purchase value paid by buyers or by other methods agreed by the Seller in accordance with the Policies determined by the Company.

User accounts

Certain Services that may be made available on the Platform may require creation of an account with the Company or for the User to provide Personal Data. If the User request to create an account with the Company, a Username and Password may either be determined and issued to the User by the Company or provided by the User and accepted by the Company in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. The Company may at any time request that the User update the User’s Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by the User or arising out of or in connection with or by reason of such request or invalidation.

The User hereby agree that the User shall be responsible for the security of the User’s account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. The User should notify the Company immediately if the User have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if the User’s Personal Data requires updating. The Company shall not be responsible if any third party uses the Services using the User’s Personal Data.

The User agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised by the User or not) and the User agree that the Company shall be entitled (but not obliged) to act upon, rely on or hold the User solely responsible and liable in respect thereof as if the same were carried out or transmitted by the User. The User further agree and acknowledge that the User shall be bound by and agree to fully indemnify the Company against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to the User’s Username and Password.

Purchase of Product

The User agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Product through the Platform, as well as any amendments to the aforementioned, issued by The Company, from time to time. The Company reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and the User are deemed to be aware of and bound by any changes to the foregoing upon their broadcast on the Platform.

For Products sold by Sellers, shall be agreements entered into directly and only between Third Party Seller and the User (whereby the terms and conditions stated herein shall be considered as being stated on behalf of the Seller shall form the contract between the parties). For Products sold by The Company, shall be agreements entered into directly and only between The Company and the User in terms of the use of this Platform.

While Seller endeavours to provide an accurate description of the Products, neither The Company nor Seller warrants that such description is accurate, current or free from error. In the event that the Product that the User receive is of a fundamentally different nature from the Product as described on the Platform and which the User have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.

All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “User Contract”) shall constitute a separate contract. The User acknowledge that unless the User receive a notice from The Company confirming the User’s Order, Seller shall not be party to any legally binding agreements or promises made between Seller and the User for the sale or other dealings with the Product (s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.

Termination by Seller in the event of pricing error: Subject to the terms as contained in the Seller Agreement, the Seller reserves the right to terminate the User Contract, in the event that a Product has been mispriced on the Platform, in which event The Company shall, on behalf of Seller, notify the User of such cancellation by giving three days’ notice. Seller shall have such right to terminate such User Contract whether or not Product have been dispatched or are in transit and whether payment has been charged to the User. Upon termination of the User Contract under this clause, the Seller shall refund the payment charged to the User for the Product.

Except as expressly provided by law, Seller excludes (unless expressly prohibited by applicable mandatory law) all express or implied terms, warranties or conditions with respect to the Product supplied.

The User acknowledge and warrant that the User have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either The Company or Seller. The User also acknowledge and agree that to the extent allowed under the Malaysian law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and User Contracts allocate risks between the parties and permit Seller to provide the Product at lower fees or prices than Seller otherwise could and the User agree that such exclusions on liability are reasonable.

Unless specifically stated herein by the Seller, 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 Product supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller. Any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against The Company within six months from the date of delivery, or from the scheduled delivery of the Product .

The Company shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Seller’s implied or express warranty on the Product.

Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Product has not been paid in cleared funds by the due date for payment.

The User agree that all representation made by any Seller and/or Professional in the Platform shall only be an illustration only and shall not be an inducement of sale for the User to purchase any Product from the Platform.

Whilst all precautions have been taken to ensure the accuracy provided in this Platform, the User agrees that the User shall conduct and has conducted their own due diligence on the information provided in the Platform prior to the purchase of any Product.

The Seller agrees that all representation with regards to the Seller as contained in the Platform originates from the Seller and the Seller agrees to indemnify the Company from any claims that may arise from the representation made therein.

Delivery of Product

Delivery of the Product shall be made to the address the User specify in the User Order either by Seller or by The Company (or its agents) on behalf of Seller.

Shipping and packing shall be conducted by a third party contractor unless mentioned otherwise and all charges shall be collected and as set out in the Order.

There may be instances whereby shipping fees may be charged by the Seller of which such charges shall be specifically included in the invoice issued out to the User.

The User may track the status of the delivery at the “Order Tracking” page of the Platform. The User acknowledge that delivery of the Product is subject to availability of the Product. Seller will make every reasonable effort to deliver the Product to the User within the delivery timeframe stated on the relevant page on which the Product is listed, but the User acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of the User’s Product is delayed Seller will inform the User accordingly via e-mail and the User’s Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused. If the User fails to take delivery of the Product (otherwise than by reason of any cause beyond the User's reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may consider that the Product has been delivered within 3 days from the purported delivery date without any recourse available to the User.

Prices of Product

The price of the Product payable by a User shall be the Listing Price at the time at which the Order placed by the User is transmitted to Seller (through the Platform) and/or the Quoted price of the Professional accepted by the User to complete their requisite Professional Services. All Listing Prices Quoted Price are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

Settlement

Seller shall submit personal / business identification information such as a copy of Identity Card (My Kad) or necessary business licenses or company documents as requested the Company and bank account information together with documents, as required by the Company, evidencing that the bank account is owned by and in the name of the Sellers when completing the seller registration. Sellers shall not claim against the Company for damages, other than those stipulated in the Policies as determined by the Company. The amount payable by the Company to the Sellers for any completed transactions through the Platform is the Settlement Amount. The Settlement Amount will be calculated by deducting all service fees, including payment gateway fees, commission fees and/or shipping fees, where applicable, from the amount paid by the buyers. Sellers must choose Settlement method upon registration, either via direct transfer to Seller's bank account or deposit in Seller Cash.

The Settlement Amount shall be paid in accordance to the Seller Agreement.

Notwithstanding the provision of herein, all Settlement will comply to the Policies as determined by the Company. The Company may at its discretion curtail the term based on Seller's performance or based on certain circumstances. Seller may at any time request to withdraw from the Seller Balance of the Sellers and the requested amount shall be remitted to the Seller's bank account within 2 (two) business days.

The Company may deduct from the Settlement Amount to any expense or loss to which may have arisen due to the fault of the Seller, or in order to protect against the risk of liability, payments of the Settlement Amount may be withheld at the Company's discretion.

The Company may also issue an invoice to the Seller should there be any cancellation, in accordance to the Seller Agreement and may deduct the amount due for such invoice prior to payment of any monies due to the Seller.

Payment

The User may pay for the Product using any of the payment methods prescribed by The Company from time to time. When the User place an Order, actual payment will be charged. All payments shall be made to The Company, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Seller). The User acknowledge that The Company is entitled to collect payments from the User on behalf of Third Party Sellers.

The payment methods may be subject to additional terms as prescribed by The Company from time to time. The User further agree that the User are subject to the agreements applicable to user agreement of the User’s payment method. The User may not claim against the Company or any of its agents, for any failure, disruption or error in connection with the User’s chosen payment method. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the User or giving any reason.

Seller may invoice the User upon the due date of any payment under a User Contract. If the User fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the User Contract or suspend delivery of the Product until payment is made in full.

Questions and complaints

If the User have any questions or complaints, please contact The Company using the “Contact the Company” page on the Platform. The Company will liaise with Sellers on the User’s questions and complaints.

Risk and property of the Goods

Risk of damage to or loss of the Goods shall pass to the User at the time of delivery or if the User wrongfully fails to take delivery of the Goods, the time when The Company has tendered delivery of the Goods.

Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the User until The Company has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by The Company to the User for which payment is then due.

Until such time as the property in the Goods passes to the User, the User shall hold the Goods as The Company's fiduciary agent and shall keep the Goods separate from those of the User.

The User agrees with The Company that the User shall immediately notify The Company of any matter from time to time affecting The Company’s title to the Goods and the User shall provide The Company with any in-formation relating to the Goods as The Company may require from time to time.

Until such time as the property in the Goods passes to the User (and provided the Goods are still in existence and have not been resold) The Company shall be entitled at any time to demand the User to deliver up the Goods to The Company and in the event of non-compliance The Company reserves it’s right to take legal action against the User for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the User.

The User 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 The Company but if the User does so all moneys owing by the User to The Company shall (without prejudice to any other right or remedy of The Company) forthwith become due and payable.

The User shall indemnify The Company, all of its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the User in connection with the assertion and enforcement of The Company's rights under this condition.

Intellectual property

All Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by the Company, our licensors or our service providers. The Company reserve the right to enforce its Intellectual Property to the fullest extent of the law. Nothing in the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, 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 without our prior written permission or that of the relevant copyright owners. The Company or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials. Trademarks or tradenames, whether registered or not belong to the Company or Sellers. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

Our limitation of responsibility and liability

The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Platform, the Services or the Materials are provided for informational purposes only. There shall be no representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, given in the Platform, the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, the Company do not warrant the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials; that the Platform, the Services, the Platform or Materials will be provided uninterrupted, any computer virus or other malicious, destructive or corrupting code, agent, program or macros, secure or free from errors or omissions, or that any identified defect will be corrected.

The User and Seller agrees that there shall be a risk that information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by the Company or our officers, employees or agents to third parties purporting to be the User or purporting to act under the User’s authority and that it is a common accepted risk that transmissions over the Internet and electronic mail may be subject to interruption, transmission delay or blackout, or incorrect data transmission due to the public nature of the Internet.

The User and Seller further agrees not to hold the Company liable for any misunderstanding, error, damage, expense or Losses resulting from the use of the Platform.

The Company shall not be liable 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. The User 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 the Company or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

Refusal of Order

We reserve the right to withdraw any Product and/or Seller Services from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.

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

Use of Services

Use of the Services is subject to all clauses contained herein and is also limited to authorised Users that are of legal age and have the legal capacity to enter into and form contracts under laws of Malaysia. Users who have breached or are in breach of the terms and conditions contained herein and Users who have been permanently or temporarily suspended from use of any of the Services may not use the Services.

The User further agrees:

to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
to ensure that any information or data the User post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.

Prices listed on the Platform/Platform and the Listing Prices are subject to governmental taxes, unless otherwise stated. The Company reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.

The Company do not warrant that any description of any product listed on the Platform/Platform is accurate, current or free from error.

The User acknowledge that parties other than The Company list and sell Product on the Platform. Any agreement entered into for the sale of a Third Party Seller’s Product to a User shall be an agreement entered into directly and only between the Third Party Seller and the User.

Hyperlinks, and alerts

The Company may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and the Company 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 the User agree that the User’s access to or use of such linked websites or content is entirely at the User’s own risk.

The Company may attach banners, java applets and/or such other materials to the Platform for the purposes of promoting our or our Third Party Sellers’ products and/or services. For the avoidance of doubt, the User shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.

The User’s submissions and information

The User grant the Company a non-exclusive licence to use the materials or information that the User submit to the Platform and/or provide to the Company, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When the User post comments or reviews to the Platform, the User also grant the Company the right to use the name that the User submit or the User’s Username in connection with such review, comment, or other content. The User shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead the Company or third parties as to the origin of any Submissions. The Company may, but shall not be obligated to, publish, remove or edit the User’s Submissions.

The User give the User’s full, free, and unequivocal consent and authority to the collection, processing and use by the Company of any information provided by the User (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to the User. The User’s agreement to the provisions of this Clause 8.2 shall constitute the User’s consent for the purpose of the provisions of any spam control laws (whether in Malaysia or elsewhere). The User may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

The Company may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. The User understand that the Company are not required to contest any demand made by an (government) authority for such information.

The User acknowledge that the User have read and agree to the Privacy Policy and consent to our collection, use and disclosure of the User’s Personal Data for the purposes as set out in the Privacy Policy.

Termination

The Company may with immediate effect, upon giving the User notice, terminate the User’s use of the Platform and/or Services and/or disable the User’s Username and Password. The Company may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if the Company believe that the User have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.

The User may terminate these Terms of Use by giving seven days’ notice in writing to the Company.

Notices

All notices or other communications given to the User if:

a) communicated through any print or electronic media as the Company may select will be deemed to be notified to the User on the date of broadcast or broadcast; or
b) sent by post or left at the User’s last known address will be deemed to be received by the User on the day following such posting or on the day when it was so left.

The User may only give notice to the Company in writing sent to our designated address or e-mail address, and the Company shall be deemed to have received such notice only upon receipt. While the Company endeavour to respond promptly to notices from the User, the Company cannot guarantee that the Company will always respond with consistent speed.

The Company may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

General

Unless otherwise expressly provided herein, the provisions herein are cumulative and are without prejudice and in addition to any rights or remedies the Company may have in law or in equity, and no exercise by the Company of any one right or remedy under these Terms of Use, or at law or in equity, shall operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity. Our failure to enforce these Terms shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms. If at any time any provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms.

A person or entity who is not a party to these Terms shall have no right under any legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms.

All agreements and terms between the Company, Users and Sellers shall be governed by and construed in accordance with the Malaysian Law and the User hereby submit to the exclusive jurisdiction of the High Court of Malaya in Kuala Lumpur. The Company may seek immediate injunctive relief if the Company make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

The Company may by notice through the Platform or by such other method of notification as the Company may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date the Company specify through the above means. If the User use the Platform or the Services after such date, the User are deemed to have accepted such variation. If the User do not accept the variation, the User must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

All money references under the Platform and/or Platform shall be in Malaysian Ringgit.

These Terms of Use shall constitute the entire agreement between the User and the Company relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

The rights under these Terms cannot be assigned without our prior written consent. The Company may assign our rights under these Terms of Use to any third party.

The Company shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.