Terms And Conditions of BuyMalaysia
Part1. GENERAL RULES
Article 1 (Purpose)
Article 2 (Account)
BuyMalaysia will handle all product upload, modification, marketing, customer service on behalf of the merchant. It is merchant responsibility to constantly provides us updated product information via email or google drive ( if file size too big ). All product information must comply with the standard format as stipulated by BuyMalaysia during merchant sign up.
Article 3 (Service Fees)
Joining as a merchant is free. However, BuyMalaysia does charge a number of service fees such as Transaction Fee, extra marketing and advertisement fees if you wish to feature on the home page and other service fees as determined by BuyMalaysia as stipulated in BuyMalaysia’s Fees Schedule. However, BuyMalaysia would not charge any extra fees without merchant discretion. All service fees are subject to Goods and Service Tax (“GST”) and other taxes under all applicable laws and regulations, and BuyMalaysia may charge Merchant such GST and other taxes additionally. Merchant 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 Merchant in accordance with the Policies determined by BuyMalaysia.
Article 4 (Merchant Obligation)
Merchant shall properly manage and ensure that relevant information such as the price and the details of products, inventory amount and terms and conditions for sales is updated regularly with BuyMalaysia and shall not give inaccurate information. The price of products for sale will be determined by Merchant at his / her own discretion. The merchant may wish to take into consideration all relevant factors, including, but not limited to, transaction fees, shipping cost and other service fees. The settlement amount (before deducting there from any service fees) payable to a Merchant for a sales call now will be determined by the merchant at his / her own discretion based on the price of the products and Transaction Fee. The price of a product and shipping cost shall include the entire amount to be charged to buyers such as sales tax, GST, tariffs, etc. if any, and merchants shall not expect BuyMalaysia to charge buyers such amount additionally and separately. Merchant agrees that BuyMalaysia may, at its discretion, engage in promotional activities for and on behalf of the Merchant to induce transactions between buyers and merchants by reducing, discounting or refunding the Transaction Fee and other service fees, or in other ways. In no event, such adjustment of Transaction Fee and other service fees will affect the originally determined settlement amount payable to Merchant. The final price that buyers will actually pay shall be the price that such adjustment is applied to. For the purpose of promoting the sales of products listed by Merchant, BuyMalaysia may post such products, at an adjusted price, on third-party websites, such as portal sites and price comparison sites, and other websites, whether it’s domestic or foreign, operated by BuyMalaysia and/or its affiliates. Merchant shall issue receipts or tax invoices on request if such issuance is required under the laws of Malaysia.
Article 5 (Intellectual Property Rights)
Merchant shall ensure that all contents including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by Merchant do not infringe or violate trademark rights, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and / or circuit layout rights and all various other intellectual property rights subsisting in any part of the world belonging to third parties. Merchant shall also ensure that the use of such intellectual property rights is with the prior, approval or consent of Intellectual Property Rights owner. Should there be any complaints or alleged claims of infringement or violation of intellectual property rights made by any Third Party against the Merchant’s product on the Web Site, BuyMalaysia may at its sole discretion without notice to the Merchant take down the listing, information, specification and / or photograph complained of and suspend sales of the merchant corresponding product until such time BuyMalaysia at its sole discretion deems that evidence provided is sufficient to prove that the complaints and/or alleged claims are invalid. In order to boost sales, information regarding products and services provided by Merchant may be disclosed to BuyMalaysia’s affiliated third parties, Including websites owned by and / or affiliated with such third party, as well as blogs belonging to other members of the Web Site Where disclosure of information is by another member on their blog, such disclosure could only be done in accordance with the methodologies prescribed by BuyMalaysia in the Policies and is subject to the agreement of the member who wishes to disclose another member’s information to the Policies set by BuyMalaysia. Merchant shall indemnify and hold harmless BuyMalaysia and its directors and employees from all actions, claims and demands which may be instituted or made against the Merchant arising from the Merchant use of Intellectual Property Rights or violation of any applicable intellectual property laws. Merchant has received claims from Third that their postings made on the Web Site infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, Merchant shall to the extent possible exempt and not involve BuyMalaysia, its directors and employees, and the Web Site from and in such claims. Merchant shall notify BuyMalaysia as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to BuyMalaysia, its directors and employees and/or the Web Site arising from the Merchant use of any Intellectual Property Rights must be full -compensated by the Merchant. Merchant shall not, during or after the expiry or termination of this Agreement, use the name “BuyMalaysia”
(a) in or as the whole or part of its own trademarks, domain names and/or trade names;
(b) in a manner which may be confusing, misleading and/or deceptive; and
(c) in a manner that disparages BuyMalaysia.
Article 6 (Product)
Merchant warrant that the product and service provided to BuyMalaysia are genuine, authorized, legitimate, do not infringe the Intellectual Property Rights of any third party, and do not violate any applicable and prevailing laws and/or norms Merchant shall immediately furnish evidence upon request that Merchant is the owner and/or is allowed permitted and/or authorized to use intellectual property rights embedded in or used in conjunction with the Product or services listed on the Web Site. Merchant further warrants that their products or services and the products or services sold are in compliance with all applicable Malaysian laws, including the Consumer Protection Act 1999, Food Act 1983 and the Sale of Drugs Act 1952. Merchant shall immediately furnish evidence, such as a copy of the relevant certificate or licence issued under Malaysian laws, upon request that he/she has complied with the relevant legal requirements. If the Merchant violates any of its warranty as provided in this Article and/or other Policies as determined by BuyMalaysia, BuyMalaysia has the right to terminate or cancel this Agreement immediately without notice to Merchant, and to cease all kind of advertisement listing, information, specifications, photographs, and / or announcement with regards to Merchant along with the Product (s) related to Merchant and has the right to demand payment from the Merchant of any cost and losses incurred by BuyMalaysia.
Article 7 (Delivery)
On receipt of the payment from the buyer, BuyMalaysia will notify the Merchant of the paid order. The merchant should then confirm that they have received the corresponding order within 3 (three) business days and take necessary actions for delivery. If the Merchant fails to do so, BuyMalaysia shall be given the option to cancel the corresponding order. The merchant should ship and enter delivery information including the name of the delivery company, the tracking number, and other particulars pertaining to the order through BuyMalaysia system within 3 (three) business days after the date of the confirmation. If the Merchant fails to do so, BuyMalaysia may have the right to disqualify and remove the merchant from our website, and reserve full authority to give the option to the Buyer to cancel the transaction before the Product has been shipped. BuyMalaysia shall not be responsible or liable for any losses or damages to the corresponding Merchant such due to cancellation. For the direct delivery method, Merchant shall take actions for the buyer to receive the product within the time period specified by Merchant. If Merchant fails to do so, BuyMalaysia may cancel the transaction and shall not be responsible or liable for any losses or damages to the Merchant such due to cancellation. Merchant shall take all reasonable actions for the buyer to receive the Product within the time period specified on the product detail page. If Merchant fails to deliver the Product within such period or the Product was not received by the buyer due to, reasons not attributable to the buyer, such as delivering to the wrong address, the Merchant shall bear all liabilities relating thereto. If any transaction is cancelled due to, reasons attributable to the Merchant, eg unavailability of the Products, BuyMalaysia may take necessary actions or disqualify the Merchant if such incident happens frequently. BuyMalaysia may, at its option, provide overseas delivery service and other services relating to delivery in association with third- party service providers. The delivery method and provisions stipulated in this Article, will comply and be in accordance with the Policies as determined by BuyMalaysia. In the event of any express conflict or difference (s) between this Article and the Policies, the Merchant hereby agrees with BuyMalaysia that the Policies shall PREVAIL.
Article 8 (Cancellation, Exchange, Return, and Refund)
Buyers may cancel purchases if the product had not been fulfilled within 3 working days after payment made. Once Product is in “delivery” status, such purchase will be subject to a return process in accordance with BuyMalaysia’s Policies. In the event that there is any disagreement between the Merchant and BuyMalaysia regarding this matter, the Policies shall PREVAIL. Buyers may request for the return, exchange or refund of the Product at any time within 7 (seven) business days from the date of receipt. With respect to return-related matters, the relevant Regulations and Policies shall PREVAIL over the terms and conditions suggested by the Merchant. After receiving returns-exchange requests from buyers, Merchant must respond by expressing in writing either approval or denial within 5 (five) business days to the Buyer and/or BuyMalaysia. Should the Merchant fail to do so, BuyMalaysia may assume that the Merchant has accepted to the Buyer’s request and shall automatically proceed with the refunds/exchange. Once the request for returns-exchange has been followed up by the merchant and the merchant have received the products returned by the buyer, the merchant may postpone returns exchange if there is a need to check whether a free gift has been returned or should there be a justifiable reason, the merchant may reject returns. Upon this request, BuyMalaysia’s customer service center shall confirm the situation with the merchant and proceeds towards carrying out suitable actions for refunds in accordance with applicable and specific policies that are relevant except in the case where the merchant wishes to dispute buyer’s return of the products and request for, refunds, or exchange, BuyMalaysia may postpone refunds if merchant request to postpone refunds by providing evidence on suitable reason. If the buyer sends the product for returns to BuyMalaysia due to good causing and if delivery to the designated recipient is impossible including but not limited to loss of contact with the merchant, the buyer shall notify BuyMalaysia to pick-up the Product up within 5 (five) business days. If Merchant does not respond within 5 (five) business days, BuyMalaysia may permanently dispose of the corresponding product. Should there be any fault or any safety concerns with the product, BuyMalaysia shall require the Merchant to recall its entire stock and to repair exchange, refund, and all costs shall be borne by the Merchant. Returns costs shall be borne out by the party attributable to the returns request, such as:
1. Buyer, where the returns is due to his / her change of mind and
2. Merchant, where the returns are due to the defects in the product, delivery delay by the merchant, and/or delivery of the wrong or different product.
For exchange of the product (s) due to defects in the product or if the wrong/different product was sent to the buyer, the buyer must return the product to the merchant. The merchant will deliver the replacement product to the buyer after the merchant receives the product from the buyer. Merchant is obligated to use the shipping company that provides a tracking system and merchant must inform the tracking number to the buyer. For exchange of the Product (s) due to the Buyer’s change of his / her mind, the exchange must be pre-approved by the merchant and re-delivery charges will be completely borne by the Buyer. The Re-delivery payment charges must be paid by the Buyer to the Merchant after the Merchant agrees to exchange the Product (s) and Merchant has received the Product (s) from the buyer. Buyer is not allowed to return or exchange Products belonging to the following Product categories, UNLESS the Product is defective, malfunctioning or was wrongly delivered:
a. Gadgets and Electronics
b. Lingerie and Underwear
d. Beauty Products
f. Ticket, Hotel Reservation & Vouchers, Including but not limited to Airline Tickets, Concert Tickets
g. Food, Including Perishable and Non-Perishable
Article 9 (Settlement)
Merchant shall submit personal / business identification information such as a copy of Identity Card (My Kad) or necessary business licenses or company documents as requested by BuyMalaysia and bank account information together with documents, as required by BuyMalaysia, evidencing that the bank account is owned by and in the name of the Merchant when completing the merchant registration. Merchant shall not claim against BuyMalaysia for damages, other than those stipulated in the Policies as determined by BuyMalaysia. The amount payable by BuyMalaysia to the Merchant for any completed transactions through the Web Site is the Settlement Amount. The Settlement Amount will be calculated by deducting all service fees from the amount paid by the buyers. A settlement will be via the direct transfer to Merchant Member’s bank account. The Settlement Amount shall be paid within 14 (fourteen) working days from the completion date of the product delivery as stated on the website.
Notwithstanding the provision of this article, settlement, as stipulated in this article, will comply with the policies as determined by BuyMalaysia. BuyMalaysia may at its discretion curtail the term based on merchant performance or based on certain circumstances. BuyMalaysia may deduct from the Settlement Amount to any expense or loss to which may have arisen due to the fault of the Merchant, or in order to protect against the risk of liability, payments of the settlement amount may be withheld at BuyMalaysia’s discretion.
Article 10 (Privacy Protection)
Article 11 (Content)
Users may post reviews, comments, photos and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” The merchant may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin or other content. BuyMalaysia reserves the right, but not the obligation, to remove or edit reviews such content, but does not regularly review posted content. If a user posts a content or merchant submit a material, and UNLESS BuyMalaysia indicates otherwise, they are deemed to have a granted BuyMalaysia a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Merchant is deemed to have granted BuyMalaysia and sublicenses the right to use their name in connection with such content if they choose. BuyMalaysia has the right but not the obligation to monitor and edit any activity or content. BuyMalaysia takes no responsibility and assumes no liability for any content posted by users or any third party.
Article 12 (Other Businesses)
Article 13 (Release)
If a Merchant has disputes with one or more users, the merchant hereby releases BuyMalaysia, and our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Article 14 (Access and Interference)
The Web Site contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to BuyMalaysia by Web Site users or third parties. Merchant agrees that not to use any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission BuyMalaysia’s. Additionally, merchant agrees that they will not:
1. Take any action that imposes or may impose, in BuyMalaysia’s sole discretion, an unreasonable or disproportionately large load on the Web Site’s infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for merchant own information, from the website without the prior written permission of BuyMalaysia
3. Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
4. Bypass or hacking BuyMalaysia robot exclusion headers or other measures we may use to prevent or restrict access to the Web Site
Article 15 (Indemnity)
Merchant hereby indemnify and hold BuyMalaysia, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys’ fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of Merchant breach of this Agreement, or Merchant violation of any law or the rights of a third party.
Article 16 (No Warranties)
Merchant will not hold BuyMalaysia responsible for other Users’ content, actions or inactions, or product listed, including content. BuyMalaysia and the website provide an electronic marketplace for the buyer to carry out transactions between buyers and BuyMalaysia. BuyMalaysia is only responsible for operating and managing the Web site and making reasonable efforts in order to maintain efficient services on the Web Site. BuyMalaysia and the website have no control over and do not guarantee the quality, safety or legality of products advertised, the truth or accuracy of users’ content or listings, the ability of merchants to sell products, the ability of buyers to pay for Product, or that a buyer or merchant will actually complete a transaction as BuyMalaysia upload the product on behalf of merchant based on the product information provided. BuyMalaysia and the website do not transfer legal ownership of products from Merchant to the buyer. Unless for special product stated otherwise, the buyer will become the Product’s lawful owner upon physical receipt of the products from the merchant. BuyMalaysia can not guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of BuyMalaysia’s control. Accordingly, to the extent that is legally permitted, excludes all implied warranties BuyMalaysia, terms and conditions. BuyMalaysia is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of merchant product quality. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS WEB SITE, OR FROM A LINKED SITE Obtained Provided IS TO THE USER “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR Whether implied, Including, BUT NOT LIMITED TO, THE implied warranties OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. BuyMalaysia HAS MADE REASONABLE Efforts TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, BuyMalaysia ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR omissions whatsoever IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL BuyMalaysia BE LIABLE FOR ANY LOSS OR DAMAGE BY THE USER’S CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS WEBSITE IS SOLELY AT THE USER’S OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE Exclusion OF CERTAIN warranties, SO THE ABOVE MAY Exclusions Limitations OR NOT APPLY TO SOME USERS.
Article 17 (Limitation of Liability)
Specifically, MERCHANT AGREES THAT BuyMalaysia SHALL NOT BE Responsible FOR UNAUTHORIZED ACCESS TO OR alteration OF THEIR transmissions OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. Specifically, MERCHANT AGREE THAT BuyMalaysia IS NOT LIABLE OR RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, Including INTELLECTUAL PROPERTY RIGHTS. Specifically, MEMBERS ALSO AGREE THAT BuyMalaysia IS NOT responsible FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND / OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.IN NO EVENT SHALL BuyMalaysia BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES whatsoever, Whether IN CONTRACT, TORT, STRICT LIABILITY OR Otherwise, Including WITHOUT LIMITATION, THOSE Resulting FROM: (1) RELIANCE ON THE MATERIALS presented, (2) COSTS OF REPLACEMENT PRODUCTS, (3) LOSS OF USE, DATA OR PROFITS, (4) delays OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, OUT OF OR IN Arising CONNECTION WITH THE USE OF, INABILITY OR TO USE THIS WEBSITE, Whether OR NOT BuyMalaysia HAS BEEN Advised Of The Possibility OF SUCH DAMAGES.
Article 18 (Termination)
This Agreement will be terminated forthwith by either Party by written notice in any of following events:
a. If the other shall be in breach of any of the terms and conditions of this Agreement and/or the Terms & Conditions and/or Policies and fails to remedy the same within 60 (sixty) calendar days of being required by the other Party in writing; or
b. If either Party is Unable to pay its debts or a petition for winding up is presented or it goes into liquidation or judicial management or compounds with its creditors or a receiver Generally is appointed over all or any part of its assets or suffers any execution over Reviews such assets. However, the Parties agree that either Party shall be Entitled to undergo reorganisation and/or amalgamation etc. and the other Party shall not be entitled to terminate this Agreement on account of reorganisation and/or amalgamation; or
c. If either Party can not comply with, or obtain or maintain any Necessary authorizations, licenses or registrations required for the performance of its duties as stipulated hereunder; or
d. If either Party negligently or willfully does anything that is materially harmful to the goodwill or reputation of the terminating Party.
Article 19 (Miscellaneous)
If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed severable and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of the relevant section. BuyMalaysia’s failure to act with respect to a breach by Merchant Members or others does not waive BuyMalaysia’s right to act with respect to the same, subsequent or similar breaches. BuyMalaysia does not guarantee that BuyMalaysia will take action against all breaches of this Agreement. The execution, validity, interpretation and implementation of this Agreement shall be governed and construed in accordance with the laws of the Malaysia. If there is a difference in opinion arising as a result of the implementation of this Agreement, the Parties agree to resolve by deliberation to reach a consensus. In the event that the settlement through deliberation to reach a consensus is not reached within sixty (60) calendar days or any other periods as agreed between the parties. BuyMalaysia may amend this Agreement at any time by posting the Amended terms on the Web Site. Except as stated elsewhere, all Amended terms shall automatically be effective 14 (fourteen) calendar days after they are initially posted. This Agreement sets forth the entire understanding and agreement between BuyMalaysia and Merchant with respect to the subject matter hereof.