Shoppe2Go Terms And Conditions
These Terms and Conditions consist of the following sections:
1. Shoppe2Go Marketplace
1.1 Who we are
The Shoppe2Go Site is operated by Smart-Acc Solution Sdn Bhd (Company Reg. No: 624898-T) having its place of business at 32-2, Jalan Kuchai Maju 8, Dynasty 3, Off Jalan Kuchai Lama, 58200, Kuala Lumpur, WP Kuala Lumpur, Malaysia and T-Connnect Sdn Bhd (Company Reg. No. XXXXXX-X) having its place of business at xxx, xxxxxxx.
1.2 Use of Shoppe2Go Site
“Affiliates” means any corporation, company, partnership, joint venture and/or firm which controls or is controlled by. For the purpose of this definition, “control” means the power, directly or indirectly, to appoint a majority of the directors or trustees of the other member, or to otherwise direct or cause the direction of the management, policies or power of the other member, whether through the ownership of voting shares, by appointment of directors, by contract or otherwise.
“Confidential Information” includes but is not limited to:
i) discoveries, ideas, concepts, designs, devices, drawings, materials, specifications, techniques, models, data, documents, processes, procedures, “know-how”, improvements, budgets, projections, forecasts, marketing and development plans, and financial information expressed, described or stored in any form provided by a party;
ii) non-public information reasonably designated as being confidential or which, under the circumstances surrounding disclosure ought to be treated as confidential including but not limited to customer information and employee information; or
2. Applicable Policies
ii) Copyright Policy
iii) Prohibited or Restricted Activities and Products Policy
iv) Cancellation Policy
v) Return Policy
vi) Shipping/Delivery Policy
vii) Fees Policy
viii) Merchant Advance
ix) Statement of Intellectual Property Rights
We are committed to protect your privacy. We does not sell, share or trade customer’s personal information collected online with third parties. Please read the Statement of Privacy to be more aware about our policy on collecting, using and disclosing any information.
2.1.1 Uses of Information
You agree that the personal information we collect from you will be used and or shared within our corporate group and to third parties for one of the following purposes:
· To deliver products that you purchase from our website.
· To inform and update you on the delivery of the product and for customer support purposes;
· To provide you with relevant product information;
· To process your orders and to provide you with the services and information offered through our website and which you may request;
· To allow us to administer your registered account with us;
· To conform to legal requirements or comply with legal process;
· To verify and carry out financial transactions in relation to payments you may make online. For example, payments that you make through our website will be processed by eGHL (www.e-ghl.com).
The personal information we collect may include your:
· Telephone Number
· Mobile Number
· Delivery Address
· Billing Address
· Email Address
2.1.2 Information Security
We employ certain security measures, such as encryption where appropriate. We also take appropriate steps to ensure that your information is treated securely.
2.1.4 Complaints about breaches of privacy
If you are not satisfied with the way in which we handle your enquiry or complaint, please don't hesitate to contact us.
2.2 Copyright Policy
The Shoppe2Go Site and all Contents of the Shoppe2Go Site are Intellectual Property of Smart-Acc Solution Sdn Bhd (Company Reg. No. 624898-T) and T-Connnect Sdn Bhd (Company Reg. No. XXXXXX-X). Any redistribution or reproduction of part or all of the Contents in any form is prohibited other than the following:
· you may print or download to a local hard disk or memory device extracts for your personal and non-commercial use only;
· you may copy the Content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
· You may not, except with our express written permission, distribute or commercially exploit the Content.
· Nor may you transmit it or store it in any other website or other form of electronic or mechanical methods.
2.3 Prohibited or Restricted Activities and Products Policy
You shall not engage in any or all activities that are restricted or prohibited by federal, state or local laws in any country or jurisdiction. This section provides a non-exhaustive list of prohibited and restricted activities and products that must be strictly observed by you. If you are a merchant, you are responsible for ensuring that you do not list, market, advertise, promote, negotiate, distribute and/or complete the sale and purchase of any product or engage in activities that are prohibited and/or restricted as set out in this section. Shoppe2Go may at its sole and exclusive discretion impose additional restrictions and prohibitions, and revise this section from time to time. It is your responsibility to check this section from time to time. You must not inter alia:
· involve the sale of products or services that have a high likelihood of being fraudulent;
· violate applicable laws or industry regulations regarding the sale of tobacco products, health, medicinal or prescription drugs and devices;
· engage in transactions relating to the infringement or violation of any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
· engage in activities that encourage, promote, facilitate or instruct others to engage in an illegal activity;
· engage in activities that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
· offer or engage in activities that offer financial services including money transfers, issuing bank guarantees and letters of loans, credit, fundraising or funding for investment purposes; and
· list, market, advertise, promote, negotiate, complete sales and purchase, and otherwise deal with any product prohibited or restricted in this policy.
The following products are prohibited to be listed, transacted or otherwise dealt with on the Shoppe2Go Site:
· artefacts, cultural relics, historical grave markers, gold, silver, other precious metals (not including jewellery and watches), rare animals and related items that are protected under the laws of any country and jurisdiction;
· currency, coins, bank notes, bonds, money orders, currency in digital or any intangible form and other securities, and equipment used to produce such items, including counterfeit of the items;
· stolen goods and products including digital and virtual goods and services;
· narcotics, steroids, poppy seeds, certain controlled substances or other products that present a risk to consumer safety;
· drug paraphernalia including but not limited to items used for ingestion of illicit substances such as water pipes, chamber pipes, ice pipes, bongs, carburettor pipes etc.;
· prescription drugs, psychotropic drugs and veterinary products and drugs;
· unauthorised medical devices;
· products that are ethnically or racially offensive;
· military ordnance, ammunition, firearms, or any related parts or accessories;
· air guns, BB guns, paintball guns, spear guns, stun guns, harpoons or any other weapons that may discharge a projectile containing any chemicals, gas or explosive substances;
· certain weapons or knives regulated under applicable law;
· tobacco products including but not limited to cigars, cigarettes, pipe tobacco, hookah tobacco, cigarette tobacco, chewing tobacco and tobacco leaf;
· nicotine or liquids for use in electronic cigarettes;
· certain sexually oriented materials or services including sexual enhancement foods or supplements;
· products that are similar to or claim to be governmental identification documents or licenses such as drivers licenses, passports, visas, and birth certificates;
· government uniforms or articles of clothing that are similar to government uniforms;
· hazardous or dangerous materials or products containing harmful substances;
· any human, human body or any human body part including but not limited to organs, bone, blood, skull, skeletons, eggs and sperm;
· any animal, animal body or any animal body part including but not limited to organs, bone, blood, skull, skeletons, eggs and sperm (excluding fashion products made from selected animal skin);
· any form of invoices or receipts;
· job postings for recruitment of employment or contract workers;
· medical or health services including but not limited to rehabilitation, vaccination, counselling, plastic surgery, massages, traditional Chinese medication and any other medical treatment;
· products that are considered obscene, pornographic materials, sexual and adult toys, food items in the shape of genitalia, and items depicting inter alia exploitation of minors, rape sex, incest and bestiality;
· official law enforcement equipment including badges issued by government, and law enforcement officers excluding authorised general souvenir items;
· bulk email or mailing list containing personally identifiable information including names, addresses, phone numbers, fax numbers and email addresses;
· software and other tools designed or used to send unsolicited commercial email or “spam”;
· counterfeit, non-licensed replicas or unauthorised products;
· products that can be used to gain unauthorised access to television programming, telephone, internet access, data or other protected, restricted or premium services;
· products designed to intentionally block, interfere with or jam authorised radio communications, global positioning systems, wireless networking services and police radar;
· spy equipment designed for interception of oral, wire and electronic communications;
· used cosmetics and skin care, and undergarments;
· pirated, duplicated or backup copies of video games, music albums, movies, photographs, software programs, television programmes and other protected works; and
· products prohibited by any law, regulation, trade restriction and sanction in the country.
2.4 Cancellation Policy
2.4.1 Order and Collect
All orders made in Shoppe2Go and not collected and paid at Merchant, after 2 two (2) days will automatically be deemed Order cancel.
2.4.2 Order and Paid in Shoppe2Go
Cancellation of any order made and paid in Shoppe2Go is solely between Merchant and consumer. Consumer will make arrangement with the Merchant on any cancellation request.
2.4.3 Goods/Services Paid and Collected at Merchant
Cancellation of any order made and paid in Shoppe2Go is solely between Merchant and consumer. Consumer will make arrangement with the Merchant on any cancellation request.
2.5 Return Policy
2.6 Shipping/Delivery Policy
2.7 Fees Policy
2.7.1 Upload of more than 1000 items
All eligible merchants are allowed to upload not more than 1000 items. A monthly subscription fee shall be imposed should Merchant requires to upload more than 1000 items. Please refer to “5. Selling and Purchasing Products on the Shoppe2Go Site” for more information on Merchant eligibility.
2.7.2 Transaction Fee in Shoppe2Go
i. A transaction fee of Ringgit Malaysia One And Sen Six Only (RM1.06), inclusive of GST, will be charged to Merchant upon completion of a transaction with payment confirmation in “Smart POS”.
ii. Transaction fee, inclusive of GST, may be change from time to time. Any changes in transaction fee will be inform to Merchant.
iii. Transaction fee, inclusive of GST, will be deducted from “Advance” of the Merchant.
iv. Transaction fee, inclusive of GST, paid/deducted will not be refunded.
v. Transaction fee is converted to “Token” in Shoppe2Go.
2.8 Merchant Advance Policy
i. An advance of Ringgit Malaysia One Hundred Only (RM100.00) shall be paid in advance for the purpose deducting a transaction fee in Shoppe2Go.
ii. The advance is non-refundable.
iii. The advance shall be top up by the Merchant to a minimum value of Ringgit Malaysia One Hundred Only (RM100.00) when it reaches 20% of the original advance amount.
iv. All advance shall be converted to “Token” of the same value in Shoppe2Go.
2.9 Statement of Intellectual Property Right
3. Intellectual Property
The Shoppe2Go Site and the Content are owned, controlled or licensed by or to Shoppe2Go and are protected by the laws on Intellectual Property rights, the common law and laws relating to unfair trade practices, unfair competition and other applicable laws. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
· you may print or download to a local hard disk or memory device extracts for your personal and non-commercial use only; and
· you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, copy, reproduce, upload, reverse engineer, post, republish, publicly display, encode, transmit, distribute, translate, store or commercially exploit in any way including “mirroring” any part of the Shoppe2Go Site and/or the Content to any other website or other form of electronic or mechanical methods or medium. You may use information on the Shoppe2Go Site (such as standard terms and conditions, policies and similar documents) made available by Shoppe2Go for downloading from the Shoppe2Go Site provided that:
· you use such information only for your personal and non-commercial purpose;
· you do not make any changes to such information;
· you do not make any representations or warranties relating to such information; and
· you do not remove any proprietary notice language in all copies of the documents downloaded.
Shoppe2Go Marketplace and other Shoppe2Go graphics, logos, designs, page headers, button icons, scripts, service names and words referenced herein are either trademarks or registered trademarks of Shoppe2Go and its Affiliates. Shoppe2Go Site’s copyright, trademarks, service marks, logos, business name, domain name and rights in trademarks and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. If you believe that any content appearing on the Shoppe2Go Site may constitute the infringement of your or any other party’s Intellectual Property, you shall immediately inform Shoppe2Go. Upon receiving notification of a claim, Shoppe2Go shall make reasonable endeavours to investigate and/or remove the Content or material within a reasonable time. Such steps are taken without any admission as to liability and without prejudice to Shoppe2Go’s rights, remedies and defences, all of which are expressly reserved. You shall indemnify Shoppe2Go for all claims brought by a third party against Shoppe2Go and its Affiliates arising out of or in connection with such claim.
4. Relationship between the Parties
5. Selling and Purchasing Products on the Shoppe2Go Site
5.2 Special Conditions Applicable to Merchants
This sub-section 5.2 applies only to merchants who list, market, advertise, promote, negotiate, sell and/or distribute any product on the Shoppe2Go Site.
5.2.1 Management and Handling of Content
5.2.2 Merchant’s Representations and Warranties
The Merchant warrants that:
· it has or will have good title to, and is the sole beneficial owner of every Product it sells and sends to customers on the Shoppe2Go Site;
· it has the unrestricted authority to grant the rights and licenses required or contemplated by this Agreement;
· it has all the Intellectual Property rights that are necessary to market, distribute, sell and license the Products;
· every Product does not and will not infringe any rights of any third party, including without limitation any Intellectual Property rights;
· every Product will be of merchantable quality and fit for the purposes intended;
· every Product will be free from defects in design, materials and workmanship;
· every Product is genuine
· every Product will comply with any specification, drawing, sample, performance criteria and other description provided either generally, or to Shoppe2Go or to the Shoppe2Go Site;
· it is not aware of any right of or claim by, any third party anywhere in the world which would prejudice the promotion or sale of the Products on the Shoppe2Go Site or the use of any of the Intellectual Property, and no person has claimed any infringement of its right in connection, however remotely, with any Product, and it will immediately notify Shoppe2Go if such a claim is made;
· the listing, marketing, promotion, feature, distribution or sale of the Products on the Shoppe2Go Site will not violate any law, regulation or practice;
· every Product, and the performance of the Merchant under the Customer Agreement meets all applicable standards, laws, regulations and requirements in the country, and the place of performance of the Customer Agreement. Upon Shoppe2Go’s written request, the merchant shall provide any written certification of compliance required by any federal, state or local law, ordinance, code or regulation; and
· all formal consents, waivers, approvals, authorisations, exemptions, registrations, licenses or declarations of or by or filing with, any authority or contracting party which are required to be made or obtained by the merchant in connection with the sale of the Products on the Shoppe2Go Site have been duly obtained.
5.2.3 Specific warranties in relation to Intellectual Property
The merchant warrants, represents and covenants that:
· its manufacture, sale, marketing, distribution or use of the Products do not infringe directly or indirectly any Intellectual Property;
· Shoppe2Go’s feature of the Products on the Shoppe2Go Marketplace does not infringe any Intellectual Property, whether directly or indirectly; and
· it is not aware of any claims made by any third party with regards to the any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the manufacture, sale, distribution or use of the Products.
The merchant shall not be entitled to use any Intellectual Property belonging to Shoppe2Go without Shoppe2Go’s prior approval in writing.
5.3 Special Conditions Applicable to Travel Products
The following terms and conditions apply to all Travel Products ordered through Shoppe2Go, except as otherwise specified on any particular Travel Product and except as otherwise required by law. By ordering, printing, accepting, using or attempting to use any Travel Product you agree to these terms and conditions.
All Travel Products are promoted and issued by the participating merchant through Shoppe2Go as a service provider. Shoppe2Go is authorised to act as the merchant's agent where applicable only for purposes of receiving and processing payments from customers for the customer orders placed through Shoppe2Go Marketplace.
The merchant is the holder and issuer of the Travel Products and under no circumstances shall Shoppe2Go be deemed the holder, issuer or seller of the Travel Products. Shoppe2Go does not own, manage, operate or control the delivery or fulfilment of customer orders. The merchant is solely liable and responsible to liaise directly with customers for delivery and fulfilment of customer orders including but not limited to the supply and delivery of the travel and/or tour packages, customer service, liaison with customers and third party providers, support and after-sales service and refund and cancellation management.
The merchant is solely responsible for the value and redemption of the Travel Product. Each Travel Product is subject to the merchant’s redemption terms and conditions. The Travel Product may not be redeemed for products or services other than those specified on the Travel Product. Travel Products may not be combined with any other offer, coupon, promotion or discount.
The merchant shall advise each customer on all applicable taxes, service charges, surcharges and other fees. Shoppe2Go's role is as a service provider for the merchant for purposes of listing the Travel Product on the Shoppe2Go Site, and the applicability and compliance with any relevant law relating to any Travel Product is solely determined by and complied with by the merchant.
While Shoppe2Go makes every effort to work with merchants to ensure that any material or rate for travel products displayed on the Shoppe2Go Site is accurate as at the date of listing, Shoppe2Go hereby expressly disclaim any representation, warranty or undertaking in relation to accuracy, completeness, quality or adequacy of any contents for Travel Products on the Shoppe2Go Site.
Shoppe2Go is not liable for any possible claims of customers and third parties arising from the sale of the Travel Products, fulfilment and delivery of customer orders and its related services, including but not limited to, claims of personal injury, death or property damage. The merchant is solely responsible for any and all bodily injury, medical condition, illness, damages, claims, liabilities and costs suffered by or relating to any customer and third parties and the compliance with all laws.
Each customer hereby knowingly waives and releases Shoppe2Go from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of the merchant in connection with the merchant, the provision of the services and products relating to the Travel Products, and compliance by the merchant with applicable law.
5.4 Special Conditions Applicable to F&B Products
The following terms and conditions apply to all F&B Products ordered through Shoppe2Go, except as otherwise specified on any particular F&B Product and except as otherwise required by law. By ordering, printing, accepting, using or attempting to use any F&B Product you agree to these terms and conditions. Please read the terms and conditions attached to the respective F&B Products before purchasing the F&B Product.
All F&B Products promoted and are issued by the participating merchant through Shoppe2Go as a service provider. Shoppe2Go is authorised to act as the merchant's agent where applicable only for purposes of receiving and processing payments from customers for the customer orders placed through Shoppe2Go Marketplace.
The merchant is the holder and issuer of the F&B Products and under no circumstances shall Shoppe2Go be deemed the holder, issuer or seller of the F&B Products. Shoppe2Go does not own, manage, operate or control the quality of the F&B Products, and/or the delivery, booking or fulfilment of customer orders. The merchant is solely liable and responsible to liaise directly with customers for delivery and fulfilment of customer orders including but not limited to the redemption of the F&B Products, reservation of dining venue and time, customer service, liaison with customers and third party providers, support and after-sales service and refund and cancellation management. The merchant is solely responsible for the value and redemption of the F&B Product. Each F&B Product is subject to the merchant’s redemption terms and conditions as specified at the relevant information page, the product description of the F&B Product and in the confirmation email. The F&B Product may not be redeemed for products or services other than those specified on the F&B Product. F&B Products may not be combined with any other offer, coupon, promotion or discount. The merchant shall advise each customer on all applicable taxes, service charges, surcharges and other fees. Shoppe2Go's role is as a service provider for the merchant for purposes of listing the F&B Product on the Shoppe2Go Site, and the applicability and compliance with any relevant law relating to any F&B Product is solely determined by and complied with by the merchant. While Shoppe2Go makes every effort to work with merchants to ensure that any material, information or rate for dining, and food and beverage products displayed on the Shoppe2Go Site is accurate as at the date of listing, Shoppe2Go hereby expressly disclaim any representation, warranty or undertaking in relation to accuracy, completeness, quality or adequacy of any contents for F&B Products on the Shoppe2Go Site.
For food, supplements, diet, exercise and fitness products ordered through Shoppe2Go, customers are responsible to consult a physician or other healthcare provider before using any of the said products to determine the effect of the products. Customers assume the risk and responsibility for any effect and results from the use of the products.
Shoppe2Go is not liable for any possible claims of customers and third parties arising from the sale and consumption of the F&B Products, fulfilment and delivery of customer orders, reservation of dining venue, any alleged and actual injury or illness, medical condition, food poisoning, contamination or any other foodborne illness resulting from the consumption of any food and beverage in connection with the F&B Product and its related services, including but not limited to, claims of personal injury, death or property damage. The merchant is solely responsible for any and all bodily injury, illness, medical condition, damages, claims, liabilities and costs suffered by or relating to any customer and third parties and the compliance with all laws. Each customer hereby knowingly waives and releases Shoppe2Go from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of the merchant in connection with the merchant, the provision of the services, dining and food and beverage relating to the F&B Products, and compliance by the merchant with applicable laws.
5.5 Special Conditions Applicable to Health and Health-related Products
Customers should consult with a healthcare professional before starting any diet, exercise, supplementation or medication program. Statements on Shoppe2Go Site about health or health-related products and health conditions are not intended to diagnose, treat, cure, or prevent disease. Customers with health concerns of any kind should consult with a health care professional. Information presented by on Shoppe2Go Site is for informative purposes only and is not meant to substitute for the advice of a doctor or other medical professional. Shoppe2Go does not make any medical claim or warranty regarding the use of the products listed on this site. Please read all product labels before use.
The information presented is general in nature and the products may not be for everyone. Customers should consult a doctor before taking any health or health-related products. Statements made on this site are not an endorsement of any specific product, or a recommendation as to how to handle or treat any particular health concern. Shoppe2Go shall have no liability as a publisher of information or reseller of any product or vendor services, including, without limitation, any liability for defective products.
Shoppe2Go is not liable for any possible claims of customers and third parties arising from the sale and consumption of the health products and/or supplements and/or health-related products, any alleged and actual injury or illness, medical condition, food poisoning, contamination or any other foodborne illness resulting from the consumption of any health product and/or supplements, including but not limited to, claims of personal injury, death or property damage. The merchant is solely responsible for any and all bodily injury, illness, medical condition, damages, claims, liabilities and costs suffered by or relating to any customer and third parties and the compliance with all laws directly or indirectly due to the health products and/or supplements.
Each customer hereby knowingly waives and releases Shoppe2Go from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of the merchant in connection with the health products and/or supplements, and compliance by the merchant with applicable laws.
5.6 Goods and Services Tax
Effective from 1 April 2015, Goods and Services Tax (“GST”) is implemented in Malaysia. Please note that the prices of Products on the Shoppe2Go Site will include GST save where otherwise indicated. Kindly refer to the Goods and Services Tax Act 2014 and the relevant instruments for more information on GST.
6. Use of and Restrictions on the Shoppe2Go Site and Shoppe2Go Marketplace
6.1 Non-Commercial Use and Downloading of Information
All materials downloaded or otherwise obtained through the Shoppe2Go Site are done at your sole discretion and risk and you shall be solely responsible for any damage to Shoppe2Go’s computer system or loss of data that may result from the download of any such material. No advice or information whether oral or written obtained by you from Shoppe2Go or through or from the Shoppe2Go Site shall create any warranty not expressly stated herein.
6.2 No Unlawful or Prohibited Use
You warrant that you, either by yourself or in concert with another, will not use the Shoppe2Go Site for any and all of the following activities:
· act in any manner or take any action which could damage, disable, impair or overload the Shoppe2Go Site, our infrastructure or interfere with any other party’s use and enjoyment of the Shoppe2Go Site;
· probe, scan or test the vulnerability of the Shoppe2Go Site or any network connected to the Shoppe2Go Site, nor breach the authentication or security measures on the Shoppe2Go Site, or any network connected to the Shoppe2Go Site, and shall not reverse look-up, trace or seek to trace any information on any other user or visitor to the Shoppe2Go Site, or any other customer of Shoppe2Go, including any Shoppe2Go account not owned by you, to its source or exploit the Shoppe2Go Site or any service or information made available or offered by or through the Shoppe2Go Site and/or Shoppe2Go Marketplace, with the purpose of retransmitting to or from, or posting on the Shoppe2Go Site and/or Shoppe2Go Marketplace any unlawful, threatening, defamatory, liberious, obscene, pornographic, or other material that would violate any law;
· use an anonymising proxy, any robot, spider, other automatic device, program, algorithm or methodology, or any similar or equivalent manual, semi-automated or automated- process to monitor, access, acquire or copy any portion of the Shoppe2Go Site and/or Content, or in any way reproduce or circumvent the navigational structure of the presentation of the Shoppe2Go Site and/or Content without our prior written permission;
· use any device, software or routine to interfere or attempt to interfere, attempt to interfere with the proper working of the Shoppe2Go Site or any transaction conducted on the Shoppe2Go Site, or involve any scheme to undermine the integrity of the data, systems or networks used by Shoppe2Go or any user of the Shoppe2Go Site or gain unauthorised access to any portion or feature of the Shoppe2Go Site, or any other systems or networks connected to the Shoppe2Go Site or to any Shoppe2Go server, or to any of the services offered on or through the Shoppe2Go Site by hacking or any other illegitimate means;
· obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through the Shoppe2Go Site;
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Shoppe2Go on or through the Shoppe2Go Site or any service offered on or through the Shoppe2Go Site, and shall not represent or pretend that you are someone else, or impersonate any other individual or entity, or use another individual’s account without the express written consent of the said individual;
· facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate the Shoppe2Go Site, any system, data or Information;
· act in a manner that is defamatory, trade libellous, threatening or harassing;
· engage in activities that violate any law, statute, ordinance or regulation;
· list, market, advertise, promote, negotiate, sell, distribute or complete transactions involving restricted and/or prohibited activities as set out in Section 2.3 (Prohibited or Restrictive Activities and Product Policy);
· engage any act that infringes Shoppe2Go’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
· provide false, inaccurate or misleading Information and/or engage in potentially fraudulent or suspicious activity and/or transactions;
· disclose or distribute another user’s information to a third party, or use the information for marketing or promotional purposes unless you receive the user’s express written consent to do so; or
· use the Shoppe2Go Site in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to Shoppe2Go, you, other users or third parties; or engage in an activities that would otherwise create any liability for Shoppe2Go and its Affiliates.
6.3 User Testimonials, Comments and Messages
You agree to indemnify and hold us harmless against any claim or action brought by third parties arising out of or in connection with any messages, comments, reviews and testimonials posted by you on the Shoppe2Go Site, including the violation of their privacy or Intellectual Property rights.
6.4 Protecting Your Password
You will be required to provide a username/email and password as part of our security measures in registering you on the Shoppe2Go Site. You are solely responsible for the security and secrecy of your username and password and should not provide this information under any circumstances to anyone not expressly authorised by you to use your account. You accept sole responsibility for any act, omission or negligence in relation to the use of your account. You must immediately change your password if you have any reason to believe that your password has been compromised. Shoppe2Go shall not be liable for any loss or damaged suffered by you in relation to the use of your account.
6.5 App Permissions
Most mobile devices provide you with information about permissions that you may grant to us for your device when you use Shoppe2Go apps. Please refer to your mobile device’s manual for more information and instructions on permissions.
7. Cooperation and Investigations
8. Disclaimer and Release
The Shoppe2Go Site and the Content are provided on an “As is”, “With all faults” and “As available” basis. Shoppe2Go and our Affiliates, our directors, officers, agents, joint ventures and employees disclaims all warranties (express, implied or statutory) including but not limited to any warranties on the accuracy, merchantability, suitability or fitness for a particular purpose, or non-infringement of intellectual property and completeness, accuracy, reliability or validity of the Products, information, Content and materials at the Shoppe2Go Site. Shoppe2Go does not promise that the Shoppe2Go Site or any Content, Product description, information, material or feature of the Shoppe2Go Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Shoppe2Go Site will provide specific results.
Shoppe2Go attempts to be as accurate as possible. However, Shoppe2Go does not control and is not liable to or responsible for the validity, accuracy, suitability, quality, safety, correctness, reliability, stability, description, lawfulness or availability of the Products offered for sale on the Shoppe2Go Site. Shoppe2Go does not represent or warrant that the manufacture, importation, offer, display, purchase, sale and/or use of the Products or related services offered or displayed on the Shoppe2Go Site does not violate any third party rights or relevant laws and Shoppe2Go does not make any representation or warranties of any kind concerning any Product offered or displayed on the Shoppe2Go Site. If a Product offered on the Shoppe2Go Site is not as described, your sole remedy is to return it in unused condition in accordance with the Cancellations and Returns Policy. You acknowledge that you are fully assuming the risks of conducting any purchase and sale transactions in connection with using the Shoppe2Go Site or related services, and that you are assuming the risks or liability or harm of any kind in connection with subsequent activity of any kind relating to the products including but not limited to the delivery of the Products or related services (including taxes and issuance of tax invoices) that are the subject of transactions using the Shoppe2Go Site and the usage of the Products. You agree that Shoppe2Go and Shoppe2Go Site shall not be liable or responsible for any damages, claims, liabilities, errors, inaccuracies, costs, harms, inconveniences, business disruptions, delays in delivery of the Products or expenditures of any kind that may arise as a result of or in connection with any such risks.
Shoppe2Go does not guarantee continuous, uninterrupted or secure access to any part of the Shoppe2Go Site, and operation of Shoppe2Go Site may be temporarily suspended or interrupted for maintenance (whether routine or non-routine), error correction, upgrade or other changes, or interfered with by numerous factors outside of our control. Shoppe2Go does not ensure that any files or other data downloaded from the Shoppe2Go Site and/or Shoppe2Go Marketplace will be free of contamination, virus or destructive features. Shoppe2Go will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Shoppe2Go makes no representations or warranties regarding the amount of time needed to complete processing because these are dependent upon many factors outside of our control, such as delays in the banking system, communications or mail service. Shoppe2Go may make changes to the information, content, materials or feature at the Shoppe2Go Site, or to the products and prices described in them, at any time without notice. The information, content or materials at the Shoppe2Go Site may be out of date, and Shoppe2Go makes no commitment to update the information, content or materials at the Shoppe2Go Site. Content, materials or information published at the Shoppe2Go Site may refer to products, programs or services that are intended for use only in a particular country and may not be used or relied upon in any other country save where otherwise provided. Your remedy against Shoppe2Go for dissatisfaction with the Shoppe2Go Site, the Shoppe2Go Marketplace or any Content, information or material is to stop using the Shoppe2Go Site, the Shoppe2Go Marketplace or any such Content, information or material.
Shoppe2Go shall not be responsible for disputes between one or more users, or an outside party. If you have a dispute with another user, you release Shoppe2Go, Shoppe2Go Marketplace, Shoppe2Go Site, our Affiliates, officers, directors, agents and employees from any and all claims, demands and damages of any kind and nature, known and unknown, arising out of or in any way connected to such dispute.
8.3 Force Majeure
· act of God, explosion, flood, tempest, fire or accident;
· war or threat of war, sabotage, insurrection, civil disturbance or requisition;
· acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
· import or export regulations or embargoes; or
· interruption of traffic, strike, lock-outs or other industrial actions or trade disputes (whether involving employees of either party or of a third party).
Upon the happening of any one of these events, Shoppe2Go may at its discretion fully or partially suspend delivery/performance while such event or circumstances continues or terminate any order request so affected with immediate effect by written notice to you, and Shoppe2Go shall not be liable for any loss or damage suffered by you as a result thereof.
9. Liabilities and Indemnities
9.1 Limitation of Liability
In no event will Shoppe2Go, Shoppe2Go Site, our Affiliates, and our officers, directors, agents, joint ventures or employees mentioned at the Shoppe2Go Site be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever including without limitation, those resulting from injury, medical condition, illness, loss of profits, damages, data or interruption arising or resulting from any of the following:
· the use, the results of use or inability to use the Shoppe2Go Site and/or Shoppe2Go Marketplace, or any websites linked to the Shoppe2Go Site and/or Shoppe2Go Marketplace, or the information or materials contained at any or all such websites, howsoever arising including negligence, whether based on warranty, tort, contract or any other legal theory or whether or not advised of the possibility of such damages;
· any defect in goods, samples, data, information or services purchased or obtained from or through the Shoppe2Go Site;
· the use, the results of use or inability to use, consumption, redemption, delivery and/or fulfilment of any Product;
· violation of third party rights under the relevant and applicable laws, claims or demands that the manufacture, importation, export, distribution, listing, offer, advertising, promotion, display, purchase, sale and/or use of the products offered or displayed on the Shoppe2Go Marketplace or Shoppe2Go Site may violate or may be asserted to violate third party rights or claims by any party that they are entitled to defence or indemnification in relation to assertion of rights, demands or claims by third party rights claimants;
· statements, acts or conduct by any user of the Shoppe2Go Site;
· unauthorised access by third parties to data or private information of any user; or
· multiple usage of a promotion code or voucher code by any user across multiple transactions and/or elements of fraud on the Shoppe2Go Site; or
· any matters relating to the Shoppe2Go Site, products and related services (including calculation of taxes and issuance of tax invoices) however arising including negligence
Notwithstanding any of the foregoing provisions, our liability and that of our Affiliates, our directors, officers, agents, joint ventures and employees to you or any third parties in any circumstances is limited to the actual amount of monies you have paid for the Products during the calendar year, or the net amount owed to you during the calendar year, as the case may be. In both instances, the amount payable shall not exceed Ringgit Malaysia (RM5,000). All claims arising from the use of the Shoppe2Go Site and/or related services must be by way of notice in writing to us of such claim, specifying in reasonably sufficient detail the nature of the claim and so far as is practicable the amount claimed in respect thereof, and shall be served within one (1) year from the date of the event/omission giving rise to the claim. Failing which you are deemed to irrevocably waive any such entitlement, right and pursuit of any such claim.
In addition, you agree to release, defend, protect, indemnify and hold Shoppe2Go, our Affiliates, and our officers, directors, agents, joint ventures and employees harmless from any and all claims, costs, losses, demands, penalties, damages, expenses, fines or other liabilities of any nature, arising in any manner out of the your acts, omissions or negligence, or those of your employees, agents or contractors, whether in tort, contract or otherwise, including:
· any claim made by any customer on the basis of any agreement entered into with you;
· any claims asserted or incurred by any third party claimants or other third parties relating to the Products offered and displayed on the Shoppe2Go Site;
· any wilful, negligent act, omission or default on your part or your agent, employee, licensee;
· the alleged or proved breach of a third party’s rights including in respect of any claim that the Product infringe, or their importation infringes the Intellectual Property rights of any third party or other claim, demand or action resulting from the advertising, promotion, manufacture, sale, distribution or use of the Products on the Shoppe2Go Site;
· arising out of or resulting in any way from any alleged defects in the material or workmanship of the Product, or from the use or performance or non-performance of the merchant’s Product;
· any other alleged act, omission, or misrepresentation by you;
· arising out of or resulting in any way from your failure to register for GST purpose where you are required to do so;
· any claim that a Product violates a person’s right to privacy or contains obscene or defamatory material; or
· failure by you to comply with any applicable laws, regulations and requirements.
You hereby agree that Shoppe2Go shall not be responsible and shall have no liability to you, for any material posted by others, including defamatory, seditious, vexatious, offensive or illicit material and the risk of damages from such material rests entirely with each user. Shoppe2Go reserves the right at our own expense to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Shoppe2Go in asserting any available defences.
10. Breach and Infringement
10.1 Breach by User
· Shoppe2Go has reasonable grounds to suspect that you have used a stolen credit card or utilised a cloned credit card or other false or misleading information in any transaction with a counter party;
· Shoppe2Go has reasonable grounds to suspect that any information provided by you is not complete, outdated, untrue, false, inaccurate or misleading;
· Shoppe2Go has reasonable grounds to believe that your act or omission may cause financial loss or legal liability to Shoppe2Go, Shoppe2Go Site or our Affiliates, other users or third parties; or
· Shoppe2Go has reasonable grounds to believe or suspect that you have used a promotion code or voucher code against the terms and conditions governing the promotion code or voucher code and/or your intend or have engaged in fraudulent activities on the Shoppe2Go Site; or
· Shoppe2Go has reasonable grounds to believe or suspect that you have been engaging or attempting to engage in any of the following activities to interrupt, or are likely to interrupt, the smooth processing of Shoppe2Go services:
§ Raising any claims in a constant and malicious manner without any reasonable grounds
§ Constantly cancelling or returning the Products or services that are not particularly defective after using such Products or services.
· Breaching the rules of use promulgated by the Company for safe transactions
Shoppe2Go reserves the right to take appropriate action where necessary and without notice at any time including but not limited to remove all or any information, content or material from the Shoppe2Go Site, to disallow the use of the Shoppe2Go Site in connection with the information, content or material that is claimed to be infringing, to modify or change the Shoppe2Go Site or any portion of the Shoppe2Go, and any terms or policies, to modify, suspend or terminate the operation or access to the Shoppe2Go Site or part of the Shoppe2Go Site.
Shoppe2Go may terminate your account without prior notification. You can terminate your account at any time by writing to xxxxxx@Shoppe2Go.com.my .
Please refer to Section 10 (Breach and Infringement) for further details on dealings with accounts.
12. Governing Law and Dispute Resolution
In event of any dispute between Shoppe2Go and you arising out of or in connection with your use of the Shoppe2Go Site and/or the Shoppe2Go Marketplace, the parties shall endeavor in good faith and promptly, to resolve any such dispute. If the parties are unable to resolve the dispute within sixty (60) days, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of Shoppe2Go to seek recourse in the courts of law, including commencing a legal action without resorting, convening or participating in any such mediation as stated herein.
Where there is dispute between a merchant and customer, because Shoppe2Go is not the agent of the merchant or customer, Shoppe2Go will not act as either party's agent in connection with resolving any disputes between the parties related to or arising out of any transaction. Shoppe2Go urges merchants and customers to cooperate with each other to resolve such disputes.
13. Notice and Feedback
Any feedback you provide at this Shoppe2Go Site is non-confidential. All legal notices or demands to Shoppe2Go shall be made in writing and sent to Shoppe2Go personally, by courier or certified mail to Smart-Acc Solution Sdn Bhd, 32-2, Jalan Kuchai Maju 8, Dynasty 3, Off Jalan Kuchai Lama, 58200, Kuala Lumpur, WP Kuala Lumpur, Malaysia or and T-Connnect Sdn Bhd (Company Reg. No. XXXXXX-X) having its place of business at xxx, xxxxxxx.
The notices shall be effective when they are received and acknowledged receipt by Shoppe2Go in any of the above manner.
All legal notices or demands to you shall be effective if either delivered personally, by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by you to Shoppe2Go. Notice to you shall be deemed to be served upon and received by you if and when Shoppe2Go is able to demonstrate that communication whether in physical or electronic form has been sent to you.
All agreements, notices and other communications that Shoppe2Go sends to you electronically satisfies the legal requirement for communication to be in writing.
Last Updated 18 September 2017