1. ACCEPTANCE OF TERMS
1.1 Scope of Terms and Conditions
1.1.1 The terms and conditions set out below (“Terms and Conditions”) are applicable to any and all access and use of the Website. may view the Terms and Conditions via the link set out on the main page of the Website.
1.1.2 These Terms and Conditions are to be read together with the
- (a) Vendor Agreement (in respect of a Vendor);
- (b) Cancellation, Exchange, Returns and Refunds Policy; and
- (d) all other policies as published on the Website from time to
1.1.3 The terms of the Policies are part of these Terms and Conditions by reference, and collectively represent a legally binding agreement between the customers and the Company. For the avoidance of doubt, in the event of any inconsistency, the terms and conditions in this Terms and Conditions shall prevail.
1.1.4 For the avoidance of doubt, a general reference to “Terms and Conditions” herein shall where applicable includes the terms and conditions
1.2 Use of Service and the Website
1.2.1 The Company provides e-commerce facilities and Services via the Website enabling the sale and purchase of Products between customers1.2.2 By accessing, browsing and/or using the Website, customers are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.
1.2.3 Buyer must not access and/or use our Services or the Website if buyer are not agreeable to any of the Terms and Conditions.
1.2.4 End user agree to use the Website at their own risk. We do not take any responsibility or agree to indemnify customer for losses customer suffer arising from such use, and irrevocably agree to hold us harmless and indemnify us from any losses that customer may suffer therefrom.
1.3 Use of customers’ Personal Data
1.4. Amendment of Terms and Conditions
Terms and Conditions.1.4.2 Please cease to use the Website if customer are not agreeable to any amendments or modifications of the Terms and Conditions. Customer agree to use the Website at customer own risk, and use of the Website following any amendment or modification of the Terms and Conditions constitutes agreement and acceptance to be bound by the same.1.4.3 We do not take any responsibility or agree to indemnify for losses suffer arising from the modified Terms and Conditions or own failure to keep updated on the modifications to the Terms and Conditions, and irrevocably agree to hold us harmless or indemnify us from any losses that may suffer therefrom.
2. APPLICATION AND REGISTRATION AS CUSTOMER
2.1 Registration as customer
2.1.1 In order to access or use certain services on the Website, are required to register as a customer (“customer”). Unless otherwise specified by the Company, registration as a customer is free.2.1.2 The Company has the right to restrict, suspend or terminate access to or use of the Website or the Services (or any part of the same) if in the Company’s sole and absolute opinion, are in breach of any of the Terms and Conditions.
2.2 Esystem Categories
2.2.1 Website can fall under any one or more of the following categories:
- (a) Buyer;
- (b) Local individual Vendor (with ssm);
- (c) local business Vendor (with business / company registration);
2.3 Application Requirements
2.3.1 To become a customer, must comply with the following requirements:
5. (b) if are a company / registered business, must be an incorporated legal entity or have a business registration number
and are authorised under r constitution documents to conduct business with us in accordance with the laws of Malaysia;
6. (c) for Business vendor customers, must also provide all such information and documents required to support the application, including but not limited to company/business registration number, company incorporation documents and details of personnel handling the customer account.
2.3.2 warrant that all information provided to the Company as part of the registration process is accurate, current and complete at all times and will immediately let us know if there are any changes to the same. If we rely on the contents of application and accept as a customer, irrevocably agree that shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted to us.
2.3.3 We reserve the right to accept or reject application to become a customer at our sole and absolute discretion in the following cases:
8. (b) where the data provided by upon sign-up (for example, email address, telephone number, company/business registration number etc.) is identical to an account already registered with the Website;
9. (c) where have provided false or inaccurate information or omitted to provide necessary information during the application process;
10. (d) where y have applied for account within less than one (1) month from the date of termination or cancellation of an earlier account on our Website;
11. (e) where have signed up as a customer under another account, which is either temporarily or permanently suspended at the time of application for a new customer account;
12. (f) where have breached any of the Terms and Conditions; and/or
13. (g) any other reason as may be determined by the Company. 14. For the avoidance of doubt, our decision above cannot be contested.
2.4 Completion of Registration
2.4.1 will become a customer upon the successful completion of the registration process as determined by the Company. Our registration process may, where necessary, include identity verification by way of submission by of certain documentary evidence and support materials as may be requested by us.2.4.2 In order for us to identify as our customer, can submit for our review, a customer identification name (“customer ID”) which can be any letters, word, numbers or combination of the same. The customer ID shall be our method of identifying as a customer on the Website. Please note that we reserve the right not to approve any customer ID names that we feel are unsuitable or are not in accordance with our Policies.
2.4.3 Where a customer:
- (a) is an individual, we will provide one (1) customer ID; or
- (b) is a company / registered business, we can provide up to five (5) customer IDs;
- subject to such conditions and authentication process as we may impose.
2.4.4 Please note that are not allowed to change r email address oncer account request is submitted and approved as r account is linked to the email address. If would like to change r email address, will need to terminate r account, and sign up again using the new email address.
2.5 Protection of Account Details
2.5.1 Each customer is responsible for maintaining the confidentiality of the customer’s account information, including the account password, and for all activity that occurs under the customer’s account. agree to notify us immediately should there be any unauthorized use of r account or password or of any other breach of security. may be held liable for losses incurred by the Company or by any other customer and/or vendor due to someone else using r password or account.2.5.2 may not use anyone else’s password or customer account at any time. We have the right to disable any customer ID or password at any time in our sole and absolute discretion for any reason, including where have breached any provision of these Terms and Conditions
2.6 Use of Services
in respect of the same.
2.7 Suspension and Termination of account
2.7.1 Limitation of Access, Suspension or Termination by the Company. Subject to 2.8, the Company shall be entitled to restrict r access to the Services and/or temporarily or permanently suspend the Services and/or r account, terminate r account and and/or take any such measures or actions that the Company deems necessary without prior notice to if:
- (a) commit any prohibited conduct in violation;
- (b) where have committed or are suspected to commit any wrongdoing/unlawful act or where have committed or are
suspected of breaching or are anticipated to breach any of these Terms and Conditions; and/or
- (c) there are any other reasonable grounds as may be determined by the Company at its sole and absolute discretion.
2.7.2 Termination by customer. may terminate r account at any time by writing to us at firstname.lastname@example.org provided that all sale and purchase transactions of any Product that are currently in progress must be either be completed or cancelled.
2.7.3 Consequences of Termination of customers. Termination of r account will result in losing:
- (a) all Credits (as defined herein) and Points (as defined herein) accumulated;
- (b) r shopping history; and
- (c) Buyer Grade (as defined herein).
- For the avoidance of doubt, the customers agree that any and all consequences arising from such termination shall be borne by .
2.8 Rights of Company upon Suspension/Termination of customership
2.8.1 Where r customership is suspended or terminated by the Company for any reason whatsoever or where voluntarily terminate r customership (as the case may be), we reserve the right to:
- (a) cancel and/or reverse any and all Transactions under r account, including cancelling the delivery of any Product
purchased and refunding all payments made for the same (where applicable);
- (b) cancel, forfeit or deduct Credits, Points and/or Coupons as may be available under r account on the date of termination;
- (c) cancel, forfeit or deduct other benefits which may be provided to as a customer;
- (d) disallow or restrict the use of all or part of the Services and/or the Website;
- (e) deny or decline any new application for customership submitted by within one (1) month from the date of
- (f) disallow the use of r previous customer ID for any new customer account applied for by , at our sole and absolute
- (g) claim for compensation or damages pursuant to 2.9
2.8.2 The Company shall provide prior notice of the steps to be taken under
2.8.1 above by telephone or e-mail. Where are not contactable or in the case of emergency circumstances, the steps set out above may be taken without prior notice, and we shall notify as soon as practicable thereafter.
2.9 Compensation for Losses
2.10 Dormant Account
The Company shall deem r account to be dormant if fail to log in to the Website for a duration exceeding the term specified below:
|Type of customership||Duration|
In the event that r account is deemed dormant, the Company may place a restriction on the use of Services and/or Website. In addition to the foregoing, if are a vendor, the Company may further purge and remove r Product listings from r vendor Store on the Website.
2.11 Reactivation of Account
3. RELATIONSHIP OF PARTIES
3.1 Role of Company
3.1.1 The Company primarily operates, manages and provides the Website for the purpose of enabling safe and reliable Transactions between customers, in their capacity as buyers (“Buyer”) and vendors (“vendor”).3.1.2 For the avoidance of doubt, if make a purchase on the Website, are purchasing the Product from an independent vendor and not from the Company, unless we are specifically named as the vendor on record.
4. USE OF WEBSITE AND SERVICES
4.1.1 As a condition of r use of the Services and/or access to the Website, agree that:
- (a) Compliance with law. shall comply with all applicable laws and regulations, and shall not conduct or take part in any
illegal activities including but not limited to:
- (i) committing fraud, for example by making purchases on the Website using another person’s identity, credit card or bank account;
- (ii) distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities; or
- (iii) using the Services to promote and facilitate pyramid schemes;
- (b) Compliance with Terms and Conditions. shall comply with these Terms and Conditions and our Policies.
- (c) Uploading and Use of Contents. shall not upload, post, reproduce, encourage, promote or facilitate the use of any information, text, images, graphics, video clips, sound, directories, files, databases or listings made available via the
Website and the Services (“Contents”):
- (i) which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or
- (ii) which infringe or misappropriate the Intellectual Property Rights of the Company or other third parties
- (d) Resale of Services and Contents. shall not copy, reproduce, compile, modify, distribute or resell any Services or
Contents, or otherwise exploit the same for commercial
- (e) Use of Personal Data. shall not collect or post personal information about other customers or other third parties, including email addresses, without their consent.
- (f) Abusive Behaviour. shall not use the Services, access the Website or manipulate the Website’s system and/or processes
in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:
- (i) transferring r customer account and customer ID to another party and/or allowing access by a third party to
r customer account and customer ID without our express written consent;
- (ii) directly entering into and completing any Transaction with another customer outside of the Website and/or without using the Payment Protection Services (as described in 6) provided by the Company on the Website (“direct dealing Transactions”);
- (iii) exploiting or attempting to exploit any benefits provided by the Company, (including but not limited to discounts and/or Coupons) by signing up for multiple accounts and/or purchasing a Product with no intention
to complete the same;
- (iv) manipulating the price of any item or interfering with other customers’ listings; or
- (v) taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to the Website);
- (i) transferring r customer account and customer ID to another party and/or allowing access by a third party to
- (g) Disruption of Website and Services. shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Services or the Website or the Company’s operations and/or business, including but not limited to:
- (i) distributing viruses or any other technologies that may harm the Website, or the interests or property of other customers;
- (ii) undertaking any action to undermine the integrity of, or gain access to, the Website system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services (“System”);
- (iii) monitoring data or traffic on the System or conducting crawling of the System without the Company’s permission;
- (iv) engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or
- (v) engaging in any behaviour that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;
- (h) Acting in Good Faith. shall conduct rself in accordance with good public order and morals, and shall refrain from:
- (i) persistently raising complaints without any reasonable grounds or justification;
- (ii) repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or
- (iii) engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.
4.1.2 The Company may, without notice, delete postings or restrict or prohibit from posting or using specific Services on the Website, terminate r access to the Website and the Services or take any other measures it deems fit on the occurrence of a breach of any of the conditions specified under 4.1.1 above.
4.1.3 Please report to the Company should be asked to enter into any direct dealing Transactions, as described in 4.1.1(f)(ii) above. The Company shall not be responsible for any problems or issues suffered by any customer arising in relation to such direct dealing Transaction.
4.2 Liability for Third Party Websites
4.3 Suspension of Services
4.3.1 The Company may restrict or temporarily suspend the provision of all or part of the Services to in the event such Services are unable to be provided due to:
- (a) maintenance work on the Website;
- (b) the occurrence of power or communications outage;
- (c) technical problems on the part of our third party suppliers or partners;
- (d) the occurrence of a natural disaster, act of terrorism or other force majeure events; and/or
- (e) any other reason(s) that the Company may deem necessary for such suspension.
Upon the suspension of the Services, the Company shall post a notification on the Website on the suspension of the Services as soon as reasonably practicable.
4.3.2 The Company shall not be liable for any damages or losses that or any third party may suffer or sustain as a result of any restriction or temporary suspension of any Services in accordance with the terms of these Terms and Conditions.
5.SALE AND PURCHASE OF PRODUCTS
5.1 No Representation
5.1.1 The Company is not an agent for, and does not represent either a Buyer or a vendor, and has no authority to act on behalf of either party.5.1.2 Whether in r capacity as a customer or a vendor (as the case may be), shall be solely and directly responsible for all liabilities related to transactions entered into between and other customers and in relation to any information provided by to other customers and vice versa.
5.2 No Guarantee
5.2.1 The Company does not control the behaviour of customers or the information provided by customers that is made available on the Website. Consequently, we do not provide any guarantees with regard to the Transactions undertaken by Buyers and vendors, and do not warrant:
- (a) the existence, quality, completeness, appropriateness, safety or legality of any Product;
- (b) the veracity of any intent to sell or purchase Product by a Buyer or vendor;
- (c) whether a Product infringes the rights of any other third party;
- (d) the truthfulness, accuracy or legality of any information posted by a vendor or a Buyer in respect of a Product; or
- (e) that all Transactions will be completed
5.2.2 Any liabilities and risks relating to Transactions undertaken between a Buyer and a vendor shall be borne by the relevant parties. As such, before proceeding with any transaction on the Website, must make r own independent assessment and determination regarding the statements, Product descriptions, the representations of the other party and the party’s ability to pay for or deliver the Products offered and specific terms and conditions imposed by vendors regarding refunds, exchanges and returns (if any)
5.2.3 A minor, being a person below the age of 18, cannot purchase any Products without the consent of his parents or legal guardian. Any transaction entered into without such consent may be cancelled by the Company or the parents or legal guardian, as the case may be
5.3 Placing of Order
5.3.1 If , in the capacity of a Buyer, place an Order to purchase a Product on the Website and the Order is accepted by the vendor, are obligated to complete the Transaction with the vendor and to be bound by such additional terms and conditions specified by the vendor on the vendor Store on the Website, unless:
- (a) the Transaction is prohibited by law or these Terms and Conditions;
- (b) the vendor materially changes the Product’s description or the Product does not conform to the vendor’s description; or
- (c) a manifest error exists in the Product listing information which materially affects the terms of the sale.
5.3.2 An Order may be cancelled by a Buyer at any time before acceptance of the said Order by the vendor.
5.3.3 The Website shall notify a vendor of all Orders made, and upon the vendor’s acceptance of an Order, the status for the Transaction shall be reflected as “Preparing for Shipment”.
5.3.4 Where have submitted an Order and made full payment for the same, if a vendor fails to confirm acceptance of the Order within such period of time as required under the vendor Agreement, may request for the transaction to be cancelled and a refund issued pursuant to 8.
5.4 Offer and Acceptance
to purchase the Products from the vendor, based on the information and description of the Product applicable at the time of purchase.5.4.3 Acceptance by vendor. While a vendor will make every effort to supply Products ordered, a vendor shall only be legally bound to do so when the vendor confirms acceptance of r offer via the Website. An Order is deemed accepted and a binding contract is in place only when the status of an Order on the Website is updated to “Preparing for Shipment”.5.4.4 Right to Cancel for Technical/Operational Errors. In the event of an electronic, computer, operational and/or technical error affecting details and pricing of a Product or any promotion on the Website, we reserve the absolute right to rectify such error and/or cancel any Transaction which has been entered into in reliance on the said error.
5.4.5 Compensation Limited to Refund of Price Paid. agree and understand that r remedy as a Buyer in the event of any cancellation made pursuant to this 5.4 is the refund of the amount paid by in respect of any such cancelled Transaction. Nothing in this shall entitle to further or additional compensation, and shall have no right to insist on the completion of the Transaction and/or delivery of the Products under the Order.
5.5 Payment for Products
5.5.1 Payment for Products purchased on the Website can be made via the following methods:
- (a) credit card;
- (b) debit card;
- (c) online banking;
- (d) Automated Teller Machine (ATM) or bank transfer;
- (e) Installment Package plan
and shall be in accordance with such terms and conditions as stated on the Website. For the avoidance of doubt, payments made using AirCash, BPoints and MOLPay Cash @ 7-Eleven shall be subject to such additional terms and conditions as may be imposed by Axiata Berhad, BLoyalty Sdn Bhd rand MOLPay Sdn Bhd respectively. In the event of any cancellation or refund, the refund methods shall be dealt with in accordance with the Cancellation, Exchange, Returns and Refunds Policy.
5.5.2 Payment for any purchase of Products on the Website must be made within one (1) Business Day from the date the Order is submitted. If payment is not completed within such time period, the said Order shall be automatically cancelled by the Website system.
5.5.3 When making payment, must only use payment methods that are legally available to , and shall not fraudulently use any means of payment under another party’s name. Pursuant to the same, we reserve the right to take all such actions to review any payment Transactions and where deemed necessary, to suspend the processing of such Transactions until our investigations are complete. As a Buyer, agree to be responsible for all damages and losses suffered or sustained by the Company, the owner of such payment methods and the vendor, which arise out of any fraudulent actions discovered under this 5.5.3.
6. PAYMENT PROTECTION SERVICES
6.1 Purpose and Mechanism
6.1.1 The Company provides payment protection services (“Payment Protection Services”) to help create a safe and reliable environment for customers to undertake e-commerce Transactions. Payment Protection Services is an escrow payment service provided by the Company whereby any payment made by a Buyer for the purchase of Product is withheld by the Company and only released to the vendor upon confirmation that delivery of a Product has been made and such other appropriate criteria in order to protect the Buyer’s interest. Payment Protection Services applies to all Products purchased on the Website and is a free service.6.1.2 Under the Payment Protection Services, if have purchased any Product and completed full payment for the same but:
- (a) have not received the Product within the time period stated by the vendor in the Product page; or
- (b) have received a Product which is defective, significantly not as described or does not materially conform to the product details as stated on the Website; may contact the Company, and we shall, upon the appropriate investigations being made, refund the payment made by for the Product.
6.2 Cessation of Payment Protection Services
6.2.1 Please note that are entitled to buyer protection under the Payment Protection Services only until the Product purchased is successfully delivered and accepted by , which for the purpose of this 6, shall be at any point of time before Purchase Confirmation, being the updating of the status of a Transaction to reflect “Purchase Confirmed” on the Website6.2.2 Purchase Confirmation can be effected either by way of
- (a) Purchase Confirmation by Buyer. may confirm r purchase by accessing the “MyPage” area in r customer account on the
Website, and clicking on the “Purchase Confirmed” button; or
- (b) Automatic Purchase Confirmation by System. Where do not take active steps to confirm receipt of the Product in the
manner set out in 6.2.2, and where have not taken any active steps to return the Product received or request for an exchange, are deemed to have effected Purchase Confirmation upon the expiry of the following time periods:
6.2.3 Once the status of a Transaction is changed to “Purchase Confirmed” on the Website, protection for the said Transaction under the Payment Protection Services will no longer be available to , and r payment for the Product will be released to the vendor in accordance with our standard practice and Policies.
6.2.4 Please note that any request for cancellation and refund of the Order after the cessation of the Payment Protection Services shall need to be made directly to the vendor, subject to the vendor’s approval and such terms and conditions as the vendor may impose.
6.3 No Representation
7. DELIVERY OF PRODUCTS
7.1 Proper Delivery Address
7.1.1 Delivery of the Products shall be made to the address specified by in r Order.7.1.2 agree to bear the risk for any Products wrongly delivered due to incorrect details provided by .
7.2 Failure to Deliver by vendor
7.2.1 Where have submitted an Order and made full payment for the same, but the vendor fails to deliver the Product within the period specified on the Product page without any proper, reasonable and acceptable justification, may request for the Transaction to be cancelled.7.2.2 In such instance, the Company shall refund any payment made by in accordance with the Cancellation, Exchange, Return and Refunds Policy in force at such time.
8. CANCELLATION, RETURNS, EXCHANGE AND REFUNDS
- The Return and Refund policy shall only be applicable for home delivery shopping via Esystem Online Platform.
- Esystem’s Vendor shall use its best efforts to ensure that Orders are correctly fulfilled. Should there be any discrepancy of Products delivered and the Customer wishes for return and refund, please notify us by submitting the refund application in our Esystem website within seven (7) days upon receiving the Products. We will contact the Customer within seven (7) days after receipt of the notification from Customer. The Customer is advised to wait for our instruction for the next course of action. In the event the Customer does not receive any reply form us after the aforesaid period, please contact us either by email at email@example.com or call Esystem Hotline at 013-7097282 for enquiries.
- Return/Exchange of Products or refund can be arranged under the following reasons: If any Product has been delivered in a damaged or defective condition; or
if the Product is out of date or expired; or
if the wrong Product which is different from the Order is delivered Provided Always that the Customer shall return or caused to be returned to Esystem Vendor the aforesaid Products unused and in its original condition, quantity and packaging as it is first delivered to the Customer together with the proof of Order, payment and delivery of the Products.
- The return of a Product by a Customer does not automatically warrant for a refund. Esystem will inspect the returned Products upon receipt of the same. If the conditions in Item No.4 of this Return and Refund Policy have been fulfilled, refund will be made to the Customer and we will reimburse the Customer of its courier charges for returning of the Products to us provided always that the courier payment slip id furnished to us upon seeking refund.
- All refunds will be made via the same mode of payment within 2 months and depending on the appointed bank refund policy in which your receipt of the refund will depend on the period of time your financial institution takes to finalise the refund. Esystem shall not be liable with respect to any loss, damage, cost or expense that you ot any person may incur as a result of any delay in your financial institution processing the said refund.
- The Customer is required to send back the affected Product(s) to us via reliable courier service company to respective Esystem Vendor accordingly to their address.
- The Customer shall be responsible for the risks and condition of the Product to be returned until it reaches to the respective Esystem Vendor. Esystem Vendor will not liable for any loss or damage to the Product prior to the Product is received by Esystem Vendor. The Customer are advised to pack safely the Product to prevent ant loss or damage to the Product or its box or its original packaging.
10.1 Issuance and Use
10.1.1 are only entitled to use a Coupon for r own purchases and the Coupon shall not be sold or transferred to any other person.10.1.2 Use of a Coupon may be restricted and only be applicable for certain Products in certain categories or subject to a minimum or stated amount/value of purchases. Coupons may not be used after the respective expiry date. Coupons are not reusable in the event a refund is made due to cancellation or the return of a Product.
10.2 Coupon Types
10.2.1 The type of Coupons and discount entitlement on purchases are as follows:
- (a) Bonus Coupon – discount applicable for one (1) Product purchased only. For example:
- (i) purchase two (2) or more units of Product X, discount applies only to the first unit of Product X;
- (ii) purchase one (1) unit of Product X and one (1) unit of Product Y, discount applies to either Product X or Product Y, but not to both Products.
- (b) Shopping Cart Coupon – discount is applicable for total order amount (excluding shipping fee);
- (c) Shipping Fee Coupon – discount is applicable for shipping fee for one (1) shipment i.e. one (1) coupon per shipment;
- (d) Store Cart Coupon – discount is applicable for total order amount of specific Products from a specific vendor Store
(excluding shipping fee); and
- (e) other types of Coupons, as the Company may issue from time to time, subject to the discount entitlement and specific
conditions as the Company shall decide.
10.3 Cancellation of Coupon
10.3.1 If r Order is cancelled, r Coupon will be automatically reissued provided that the cancellation occurs within the Coupon validity period.10.3.2 The reissued Coupon will be valid for the remainder of the original validity period and the Company will not entertain any request for extension of the validity period for the reissued Coupon. It shall be r responsibility to track the validity period of the Coupons and no request for reissue or extension of validity period of expired Coupons will be entertained.
10.3.3 Notwithstanding the aforementioned, the Company reserves the right to cancel a Coupon and/or amend the terms and conditions applicable for Coupons at its sole and absolute discretion.
12. FEEDBACK AND REVIEW SYSTEM
12.1 Submission of Feedback
on the Website, which can be in the form of writing, image and/or video clip. r feedback on the level of satisfaction with
the Product as well as experience with the vendor will contribute to the vendor’s rating on the Website.12.1.2 If submit or post a review of a Product, such review shall be made publicly available. shall be solely responsible
for r review and the Company is not responsible to ascertain whether any opinion expressed is true. As such, should ensure
that any review posted is fair and not unlawful.
12.2 Right to Remove Feedback
13. DISPUTES BETWEEN BUYER AND VENDOR
13.1 Discussions in Good Faith
13.2 Referral of Dispute to Company
13.2.1 Where the Disputing Parties cannot resolve their Dispute pursuant to 13.1 within any time periods prescribed in these Terms and Conditions and/or the vendor Agreement, either or the other customer may submit such Dispute to the Company for a final determination and resolution.13.2.2 agree that the Company shall have the full power, authority and discretion to make a final decision for such Dispute.
13.3 Decision by Company
13.3.1 The Company shall review the evidence received from the Disputing Parties, and shall issue its final decision in respect of the Dispute (“Decision”), taking into consideration commonly accepted principles and practices in the relevant industries and the interests of the both parties.13.3.2 agree to abide by and be bound by the Decision and in furtherance of the same, and expressly acknowledge and agree that the Company shall be entitled to, in relation to the Dispute and the Decision:
- (a) cancel any Transaction on the Website;
- (b) release any funds held under the Payment Protection Services to either of the Disputing Parties (as applicable);
- (c) temporarily or permanently suspend either or both of the Disputing Parties’ accounts on the Website;
- (d) temporarily or permanently remove listings of a particular Product from the Website;
- (e) require the removal of or the Company, of its own accord, may remove any unlawful content from a vendor store on the Website;
- (f) revise the rating for either or both of the Disputing Parties’ accounts on the Website;
- (g) cancel any Coupons, Credits and/or Points issued; and
- (h) carry out all such other actions deemed necessary to ensure the Decision is enforced fairly and reasonably.
13.3.3 Notwithstanding the aforementioned clauses, acknowledge that the Company is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. The Company does not act as the agent of either of the Disputing Parties, but acts as facilitator for dispute resolution. Consequently, agree not to hold the Company liable and shall waive any claim may have against the Company in respect of the Decision and the Dispute.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 Site Contents. The Company is the sole owner or lawful licensee of all the rights and interests in the Website and its contents (“Site Contents”). All title, ownership and Intellectual Property Rights in the Website and Site Contents shall remain with the Company, our affiliates or licensors of the Site Contents, as the case may be. All rights not otherwise claimed under these Terms and Conditions or by the Company are hereby reserved.14.2 Trademarks. “esystem”, “SHOCKING DEALS”, “FIND WHAT LOVE” and related icons and logos are registered trademarks or trademarks or service marks owned or licensed by the Company and are protected under applicable copyright, trademark and other proprietary rights laws. are strictly prohibited from undertaking any unauthorised copying, modification, use or publication of these marks.
14.3 Infringements. Any person may protect their rights by contacting the Company in the event their copyright or other intellectual property has been infringed or violated on the Website by any person. Pursuant to the same, the Company may at its sole and absolute discretion take down the Product listing, information, specification and/or photograph complained of and suspend sales of the corresponding Products until such time that the Company at its sole and absolute discretion deems that evidence provided is sufficient to prove that the complaints and/or that the alleged claims are invalid.
14.4 Compliance. shall ensure that all content including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by on the Website do not infringe or violate trade mark 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 lat rights and all various other Intellectual Property Rights. shall also ensure that the use of such Intellectual Property Rights is with the prior, approval or consent of Intellectual Property Rights owner or intellectual Property Rights subsisting in any part of the world belonging to third parties
14.5 Ownership of Photographs or Videos of Products Arranged by the Company. For the avoidance of doubt, the Intellectual Property Rights in any photographs or videos of Products which are arranged by and/or taken by the Company as part of any additional support under the Services shall vest in the Company.
14.6 Affiliates. In order to boost sales, information regarding Products displayed for sale by any customer on the Website may be disclosed to the Company’s affiliated third parties, including websites and blogs owned by and / or affiliated to such third party, and any such disclosure shall be subject to the vendor Agreement and the Terms and Conditions.
14.7 Indemnity. shall indemnify and hold harmless the Company and its directors and employees from all actions, claims and demands which may be instituted or made against arising from r use of Intellectual Property Rights or violation of any
applicable intellectual property laws.
14.8 Claims from a Third Party. Where have received claims from a third party that r postings made on the Website 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, shall to the furthest extent possible exempt and not involve the Company, its directors and employees, and the Website from and in such claims.
14.9 Complaints. shall notify the Company 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 the Company, its directors and employees and / or the Website arising from r use of any Intellectual Property Rights must shall be fully compensated by .
14.10 Usage. If post content or submit material to the Website, and unless the Company indicates otherwise, are deemed to have a granted the Company 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.
arising out of or in any way connected with such dispute.16.2 The Company does not guarantee the quality, safety or legality of the Products, the truth or accuracy of the content or listings of vendors and other customers on the Website or that a customer will actually complete a particular Transaction.16.3 The Company cannot and does not guarantee continuous or secured access to the Website and its services, and operation of the Website may be affected by numerous factors outside of the Company’s control. o 16.4 All materials, information, software, products, services and other content contained on the Website or from a linked site, is provided to on “as is” basis and 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.16.5 The Company assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Website and under no circumstances will the Company be liable for any loss or damage by r reliance on information obtained through the Website. It shall be r responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of the Website is solely at r own risk.
16.6 The Company shall not be liable to either in tort, contract, negligence or otherwise for any loss, damage, injury or expense, howsoever arising, out of or in connection with the supply or use of the Products. Under no circumstances will the Company be liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on claims of a customer or whether in action for contract, breach of warranty, tort or otherwise.
16.7 THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF R TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. SPECIFICALLY, AGREE THAT THE COMPANY 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, ALSO AGREE THAT THE COMPANY 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 THE COMPANY 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) NEGLIGENCE, (6) AND ANY THEORY OF LIABILITY, OUT OF OR IN ARISING CONNECTION WITH THE USE OF, INABILITY OR TO USE THIS WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.8 Indemnity. hereby indemnify and hold the Company, 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 r breach of this Terms and Conditions and/or the vendor Agreement (as the case may be), or r violation of any law or the rights of a third party.
17. NO WARRANTIES
17.1 will not hold the Company responsible for other customers’ content, actions or inactions, or Products listed by customers, including content they post.17.2 understand and agree that Transactions between and customers on the Website are deemed to be private contractual arrangements between and such customers, and Planet is not a party to, and does not represent the customers or in such transactions. The Company is only responsible for operating and managing the Website and making reasonable efforts in order to maintain efficient Services on the Website.
17.3 The Company and the Website have no control over and do not guarantee the quality, safety or legality of Products advertised, the truth or accuracy of customers’ content or listings, the ability of any customer to sell or purchase Products or that any Transaction will be successfully completed. o 17.4 The Company and the Website does not transfer legal ownership of Products from a vendor to a Buyer. Unless a Buyer and vendor agrees otherwise, Buyer will become the Product’s lawful owner upon physical receipt of the Product from vendor. o 17.5 The Company cannot guarantee continuous or secured access to the Services, and operation of the Website may be interfered with by numerous factors outside of the Company’s control.
17.6 If a have a dispute with one or more customers, hereby release the Company, 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. o 17.7 Accordingly, to the extent that is legally permitted, the Company excludes all implied warranties, terms and conditions. The Company is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of r use of the Website and Services.
17.8 ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE WEBSITE, OR FROM A LINKED SITE IS PROVIDED TO “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. THE COMPANY HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE TO THE customerS CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE customerS’ RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS WEBSITE IS SOLELY AT R OWN RISK.
18. ACCESS AND INTERFERENCE
18.1 The Website contains robot exclusion headers. Most of the information on the Website is updated on a real time basis and is proprietary or is licensed to the Company by Website’s customers or third parties. agree not to use any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission from the Company.18.2 Additionally, agree that will not:
- (a) take any action that imposes or may impose, in the Company’s sole and absolute discretion, an unreasonable or disproportionately large load on the Website’s infrastructure;
- (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for r own information and reference, from the Website without the prior written permission of the Company;
- (c) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
- (d) bypass the Company robot exclusion headers or any other measures we may use to prevent or restrict access to the Website.
personally or sent by prepaid registered post to the following address: All notices to shall be effective if either delivered personally, by courier, email or where applicable, on the Website. All agreements, notices and other communications that the Company sends to electronically satisfies the legal requirement for communication to be in writing.19.3 No Assignment. The Company shall have the right to assign and/or novate the Terms and Conditions or any part of the same to any person or entity, by providing written notice to which shall be posted on the Website, and hereby irrevocably agree and consent to any such assignment and/or novation. may not assign, in whole or part, any of these Terms and Conditions to any person or entity.19.4 Force Majeure. Neither party shall be liable for any failure to perform any of
its obligations under these Terms and Conditions if the performance is prevented, hindered or delayed by strikes, industrial disputes, fire, floods, acts of any government, riots, war, national emergency, Act of God, impediment by government laws, rules, regulations or orders or other events of force majeure and in such case its obligations shall be suspended for so long as such event continues.
19.5 Severability. If any provision of these Terms and Conditions and/or the vendor Agreement and/or the Policies is found to be illegal, void or unenforceable under the law, these Terms and Conditions shall continue in force save that such provision shall be deemed severed with effect from the date of such decision or such earlier date as Company may decide or the parties may agree, as the case may be.
19.6 Waiver. A failure by the Company to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times
20.1 In this Terms and Conditions, the vendor Agreement and the Policies, unless the context otherwise requires, the following words and expressions shall have the following meanings:
|“Business Day”||means a day on which the banks are open for business in Kuala Lumpur, and excludes weekends or public holidays;|
|“Buyer”||means a customer who purchases the Products through the Website, subject to the Terms and Conditions as herein contained;|
|“Buyer Grade”||means a rating or grade accorded to each Buyer, based on specific criteria and according to the Buyer’s use of the Services in making purchases on the Website, as more particularly described in|
|“Coupon”||means discount coupons which the Company may, at its sole discretion, issue to the selected/identified customers, entitling such customers to a discount of fixed amount or rate on the purchase of a Product on the Website, as more particularly described in|
|“Credits”||means electronic prepaid credits which a customer can use as a means of payment on the Website for full or part settlement of the purchase price of Products.|
|“Intellectual Property Rights”||means all copyright and Intellectual Property Rights howsoever arising and in whatever media, whether or not registered, including (without limitation) confidential information, trade secrets, goodwill and reputation, patents, trade marks/service marks, trade names, registered designs and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world;|
|“customer”||means a customer of the Website, registered either as a Buyer or a vendor, who has agreed to be bound by the Terms and Conditions, and who is entitled to use the Website to purchase and/or sell Products to other customers via the Website;|
|“Order”||means an offer to purchase a Product placed by a Buyer on the Website in accordance with these Terms and Conditions and the Policies|
|“Payment Protection Services”||means the escrow payment services developed by the Company to help create a safe and reliable environment for customers to undertake e-commerce Transactions;|
1. (b) Cancellation, Exchange, Returns and Refunds Policy; and
2. (c) all other policies posted on the Website from time to time (for example, and not limited to, policies related to fraud actions, conducting off-site transactions, feedback manipulations, and temporary or permanent suspensions of customers);
|“Products”||means a vendor’s products and/or services listed for sale on the Website;|
|“vendor”||means a customer who sells the Products through the Website, subject to the Terms and Conditions as herein contained as well as the vendor Agreement and Policies. For the avoidance of doubt, the word “vendor” whenever used in these Terms and
Conditions or the vendor Agreement, depending on the context in which it occurs, refers to one or more of the following:
1. (a) individual vendor (with ssm);
2. (b)local business vendor (with business / company registration);
|“vendor Agreement”||means the general terms and conditions setting out the rights and obligations of vendors who sell their Products on the Website;|
|“vendor Store”||means a virtual online store on the Website which allows a vendor to upload and list Products for sale and enable Transactions for the same to be conducted;|
|“Services”||means services that are offered by the Company through the Website to the customers and may include such services provided by third party service providers such as payment gateway services and logistics management services;|
|“Terms and Conditions”||means these terms and conditions governing the customership of the Website setting out, among others, eligibility requirements of customers, services available to customers under the Website, benefits which customers are entitled to and customers’ rights and obligations;|
|“Transaction”||means a sale and purchase transaction of the Products between a Buyer and a vendor which is conducted online via the Website; and|
|“Website”||means the online market place owned and operated by the Company, and known as “esystem”, being an e-commerce platform that enables Transactions between registered customers, having its domain at www.esystem.com.my.|
FRAUD MITIGATIONS TERMS AND CONDITIONS
eCommerce can be a tremendous boon for small businesses, but with it comes the growing risk of eCommerce fraud. Small businesses are at particular risk, as fraudsters know that small merchants often lack the time and resources to implement the most sophisticated and comprehensive fraud detection protocols. But, there are steps can take right now to help keep r business from becoming an easy target for eCommerce fraud.
1) Achieve and maintain PCI Compliance.
The Payment Card Industry’s Data Security Standard (PCI DSS) is a set of standards and requirements to help ensure that all online merchants and our customers are protected from fraud and data breaches. Achieving and maintaining r compliance via the PCI Compliance Guide is a critical first step to protecting eCommerce business. In fact, failing to maintain compliance could result in hefty fines — and could ultimately result in loss of services from reputable eCommerce vendors.
2) Keep shopping cart software updated.
Most small businesses partner with a third-party eCommerce shopping cart vendor to help ensure a great online shopping experience. These eCommerce specialists also work to protect software from fraudsters, whose evolving tactics require constant software updates. Make the most of vendor partnership by making consistently update r shopping cart software. In some cases, it may be necessary to purchase additional features or upgrades to ensure maximal fraud protection.
3) Always require Address Verification (AVS) Card Code Verification (CVV) in r payment gateway.
AVS is standard in most eCommerce platforms, and checks the entered billing address with the billing address currently on file with the credit card company. CVV is an additional security feature aimed at reducing card-not-present (CNP) fraud, and goes by several names
- Visa – CVV2
- MasterCard – CVC 2
- Discover – CID
- American Express – 4 digits above card number – CID
4) Recognize signs of suspicious activity.
- Unusually large orders or high-priced orders
- Expedited shipping on large quantities or high-priced orders
- Expedited shipping when billing and shipping addresses differ
- Orders where the purchaser asks to pick up the order at r location
- Fake phone numbers (e.g. 555-987-6543)
- Suspect email addresses (e.g. 1234XYZ@gmail.com, or addresses that seem like randomly generated combinations of numbers and letters)
- Inconsistent address information (e.g. zip code doesn’t match state or city)
5) Make sure the billing address matches the IP location.
Keep an eye out for IP addresses from overseas that don’t match the billing address. Sites like IP-Lookup.net allow to manually research an IP address. One common strategy is to simply prevent online transactions from IP addresses, which originate in countries to which do not ship. Many eCommerce platforms offer security functionality which will automatically recognize suspicious IP addresses or discrepancies.
6) Limit the number of declined transactions.
One easy way to spot fraud attempts are repeated declined transactions, where the fraudster is guessing (or using a malicious software script to generate) credit card numbers and hoping for a match. Beyond preventing fraud, customer will likely incur a small fee for each declined transaction, so it is in customer best interest to create a limit on attempted transactions. When the limit is hit, the customer should be locked out of their shopping cart and directed to contact customer service by phone for assistance placing an order.
7) Keep a list of confirmed fraudulent attempts.
If a fraudulent order has been linked to an email address, a shipping location, a phone number or any other customer information, make sure keep that information on file. Any future order attempts relating to the same customer information is a major red flag.
8) Require strong passwords from customers.
If platform requires or allows customers to create an online customer profile with saved information, make sure customer require strong passwords that meet best practices for fraud prevention:
- Minimum number of characters
- Combination of capital letters, numbers and symbols
- Many vendors offer own automatic password strength checkers — take advantage of these
9) Know customer.
For many small businesses, the vast majority of orders come from a very specific customer demographic and follow a recognizable pattern. Orders from customers that notably do not fit this profile are easy to spot, and worth checking into. For example, if vendor sell an item for which most customers only require a single unit, an order for two-dozen units is suspicious. If product is a regional specialty, and an order comes in from a foreign country, we have reason to investigate further.
10) When in doubt, check it out.
All of these warning signs, unto themselves, are not proof of fraud — and shutting down a transaction based on just one warning sign could be disastrous for customer relations. But, when a red flag goes up, it is always worth giving the order a closer look. One strategy for investigating is to find an excuse to call the customer directly using the given phone number, and ask to speak with the cardholder. We might note that online store has been experiencing recent issues, and request that the customer confirm a few details of the order. Fraudsters using stolen credit cards rarely provide a real phone number.