MYMALL2U TERMS AND CONDITIONS USE

This Agreement was last modified on 1st Sept 2020.

MyMall2u Sdn Bhd ("Company" or "we" or "us") welcomes you to our Digital Business platform partner.mymall2u.my ('Website'). The Website provides an e-commerce platform that enables registered members to place, accept, conclude, manage, share links and earn commissions from the sale products or services via the Website. Your use of the Website is governed by the following terms and conditions ("Terms and Conditions").


ACCEPTANCE OF TERMS

Scope of Terms and Conditions
  1. The terms and conditions set out below ("Terms and Conditions") are applicable to any and all access and use of the Website
  2. These Terms and Conditions are to be read together with the following documents
    (a) Vendor Agreement (in respect of a Vendor);
    (b) Returns and Refunds Policy;
    (c) Privacy Policy;
    (d) All other policies as published on the Website from time to time.
  3. The terms of the policies are part of these Terms and Conditions by reference, and collectively represent a legally binding agreement between the Users/ Members 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.


USE OF SERVICE AND THE WEBSITE

  1. By accessing, browsing and/or using the Website, you are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.
  2. You must not access and/or use our Services or the Website if you are not agreeable to any of the Terms and Conditions.
  3. You agree to use the Website at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that you may suffer therefrom.


USE OF MEMBERS PERSONAL DATA

  1. For a complete description of how we uses and protects a Users personal data, you may refer to the Privacy Policy.
  2. By continuing to access the Website and using the Services, you are deemed to accept the terms of the Privacy Policy. Please do not use our Services or the Website if you object to your personal data being used in the ways described in the Privacy Policy.


AMENDMENT OF TERMS AND CONDITIONS

  1. The Company shall be entitled at any time and from time to time, to modify, amend or change the Terms and Conditions as appropriate and at our sole and absolute discretion. In such instance, the Company shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the Website, and you shall be bound by such modified Terms and Conditions. As such, it is your responsibility to regularly visit the Website, view the Terms and Conditions and Policies, and keep updated on any changes made to the Terms and Conditions.
  2. Please cease to use the Website if you are not agreeable to any amendments or modifications of the Terms and Conditions. You agree to use the Website at your own risk, and your use of the Website following any amendment or modification of the Terms and Conditions constitutes your agreement and acceptance to be bound by the same.
  3. We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms and Conditions or your own failure to keep yourself updated on the modifications to the Terms and Conditions, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.


APPLICATION AND REGISTRATION AS MEMBER 

Registration as Member

  1. In order to access or use certain services on the Website, you are required to register as a member ("Member"). Unless otherwise specified by the Company, registration as a Member is free.
  2. The Company has the right to restrict, suspend or terminate your 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, you are in breach of any of the Terms and Conditions.


Membership Categories

MEMBERSHIP OF THE WEBSITE CAN FALL UNDER ANY ONE OR MORE OF THE FOLLOWING CATEGORIES:

  1. Purchaser
  2. individual Vendor
  3. business Vendor (with business / company registration); and
  4. Individual Affiliate
  5. Business Affiliate


Application Requirements

TO BECOME A MEMBER, YOU MUST COMPLY WITH THE FOLLOWING REQUIREMENTS:

  1. if you are an individual, you must have the legal capacity to enter into contract; or
  2. if you are a company / registered business, you must be an incorporated legal entity or have a business registration number and are authorized under your constitution documents to conduct business with us in accordance with the laws of Malaysia

You warrant that all information provided to the Company as part of the registration process is accurate, current and complete at all times and you will immediately let us know if there are any changes to the same. If we rely on the contents of your application and accept you as a Member, you irrevocably agree that you 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 by you.

We reserve the right to accept or reject your application to become a Member at our sole and absolute discretion

Completion of Registration

You will become a Member 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 you of certain documentary evidence and support materials as may be requested by us.

Please note that you are not allowed to change your email address once your membership request is submitted and approved as your membership account is linked to the email address. If you would like to change your email address, you will need to terminate your membership and account, and sign up again using the new email address

Protection of Account Details

Each Member is responsible for maintaining the confidentiality of the Users account information, including the account password, and for all activity that occurs under the Users account. You agree to notify us immediately should there be any unauthorized use of your account or password or of any other breach of security. You may be held liable for losses incurred by the Company or by any other Member and/or Vendor due to someone else using your password or account.

Use of Services

Use of the Website and its services as a Member/Purchaser is free

Suspension and Termination of Membership

The Company shall be entitled to restrict your access to the Services and/or temporarily or permanently suspend the Services and/or your account, terminate your account and and/or take any such measures or actions that the Company deems necessary without prior notice to you

Termination of your membership will result in you losing

  1. Commission, Earning , Points or Credits accumulated;
  2. your shopping history

For the avoidance of doubt, the Members agree that any and all consequences arising from such termination shall be borne by you

Compensation for Losses

Where, in using the Services and/or accessing the Website, any of your actions cause any losses to the Company, you shall be liable for and shall compensate the Company for all costs and expenses incurred or suffered. In the event of any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof

Dormant Account

The Company shall deem your account to be dormant if you fail to log in to the Website for a duration exceeding the term specified below

  1. Purchaser/Member 12 Months
  2. Vendor 6 Months

In the event that your account is deemed dormant, the Company may place a restriction on the use of Services and/or Website. In addition to the foregoing, if you are a Vendor, the Company may further purge and remove your Product listings from your Vendor Store on the Website.

Reactivation of Account

In order for you to commence using the Services again, you will need to authenticate and verify your identity in accordance with such procedures as determined by the Company

Role of Company

The Company primarily operates, manages and provides the Website for the purpose of enabling safe and reliable transactions between Members, in their capacity as Purchasers ("Purchaser") and Vendors ("Vendor").

For the avoidance of doubt, if you make a purchase on the Website, you are purchasing the Product from an independent Vendor and not from the Company, unless we are specifically named as the Vendor on record. The Company is authorized to collect payment on behalf Vendor and withhold it until confirmation of goods received in order.

Use of Website and Services

COMPLIANCE

  1. As a condition of your use of the Services and/or access to the Website, you agree that
    1. committing fraud, for example by making purchases on the Website using another person's identity, credit card or bank account;
    2. distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities; or
    3. using the Services to promote and facilitate pyramid schemes;
  2. Compliance with Terms and Conditions. You shall comply with these Terms and Conditions and our Policies
  3. Resale of Services and Contents. You shall not copy, reproduce, compile, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes.
  4. Use of Personal Data. You shall not collect or post personal information about other Members or other third parties, including email addresses, without their consent.
  5. You 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 authorized and/or not in conformance with the Terms and Conditions
  6. transferring your Member account and Member ID to another party and/or allowing access by a third party to your Member account and Member ID without our express written consent;
  7. directly entering into and completing any Transaction with another Member outside of the Website and/or without using the Payment Protection Services provided by the Company on the Website
  8. 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;
  9. Disruption of Website and Services. You 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:
  10. distributing viruses or any other technologies that may harm the Website, or the interests or property of other Members;
  11. 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");
  12. monitoring data or traffic on the System or conducting crawling of the System without the Company's permission;
  13. engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or
  14. 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;
  15. You shall conduct yourself in accordance with good public order and morals, and shall refrain from:
    1. persistently raising complaints without any reasonable grounds or justification
    2. repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or
    3. engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.


Liability for Third Party Websites

The Company shall have no liability whatsoever in the event the Company posts any information provided by its partners, or provides reference information or contents provided by a third party at the Website or links on the Website for your convenience, and you visit such third party sites at your own risk.

Suspension of Services

The Company may restrict or temporarily suspend the provision of all or part of the Services to you in the event such Services are unable to be provided due to.

  1. maintenance work on the Website
  2. the occurrence of power or communications outage
  3. technical problems on the part of our third party suppliers or partners
  4. the occurrence of a natural disaster, act of terrorism or other force majeure events; and/or
  5. any other reason(s) that the Company may deem necessary for such suspension.

The Company shall not be liable for any damages or losses that you 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.

No Guarantee

The Company does not control the behaviour of Members or the information provided by Members that is made available on the Website. Consequently, we do not provide any guarantees with regard to the transactions undertaken by Purchasers and Vendors, and do not warrant:

  1. the existence, quality, completeness, appropriateness, safety or legality of any Product
  2. the veracity of any intent to sell or purchase product by a Purchaser or Vendor;
  3. whether a Product infringes the rights of any other third party;
  4. the truthfulness, accuracy or legality of any information posted by a Vendor or a Purchaser in respect of a Product; or
  5. that all Transactions will be completed.

Any liabilities and risks relating to Transactions undertaken between a Purchaser and a Vendor shall be borne by the relevant parties. As such, before proceeding with any transaction on the Website, you must make your 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).

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.

Placing of Order

If you, in the capacity of a Purchaser, place an Order to purchase a Product on the Website and the Order is accepted by the Vendor, you 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:

  1. the Transaction is prohibited by law or these Terms and Conditions
  2. the Vendor materially changes the Product's description or the Product does not conform to the Vendor's description; or
  3. a manifest error exists in the Product listing information which materially affects the terms of the sale.

An Order may be cancelled by a Purchaser at any time before acceptance of the said Order by the Vendor.

Where you 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, you may request for the transaction to be cancelled and a refund issued as per our Returns and Refund policy.

Payment for Products or Services

Payment for Products or Services purchased on the Website can be made via the following methods

  1. credit card
  2. debit card
  3. online banking
  4. Automated Teller Machine (ATM) or bank transfer

Payment for any purchase of Products or Services 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.

When making payment, you must only use payment methods that are legally available to you, 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 Purchaser, you 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.

NO REPRESENTATION

The provision of Payment Protection Services by the Company does not make the Company a representative of a Vendor or a Purchaser, nor does it mean that the Company is acting as a proxy for any Purchaser or Vendor in performing their obligations in connection with any Transaction.