Terms of Use

Welcome to the Shopper365.com.my website and/or the Shopper365 mobile app (the “Platform”).

1. Preliminaries

1.1.    Since your access shall be subject to your acceptance, before using our Platform or any of our services, information and functions made available by us at the Platform (“Services”) you are to carefully read these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the services (collectively referred to as “Shopper365 Terms and Conditions”)

1.2     Access and use of the Platform shall be deemed acceptance of these Terms of Use and the Shopper365 Terms and Conditions. Thereafter you shall be deemed to be bound by Shopper365 Terms and Conditions and any changes and amendments to the foregoing made by us from time to time.

1.2     These Terms of Use govern your access and use of the Platform and Services.

1.3     You must consent to the processing of your personal data as described in the Privacy Policy.

1.4     If you do not agree to Shopper365 Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services in any manner or way whatsoever with immediate effect.

1.5.    These Terms of Use constitute a legal and binding agreement between you and us Bigwide Technology Sdn. Bhd. (Company No.: 201901014300), a company incorporated in Malaysia and having its registered address at B-13A-3, Megan Avenue 2, 12, Jalan Yap Kwan Seng, 50450 Kuala Lumpur. (referred to “Shopper365”, “we”, “us” or “our” as applicable).

1.6     Any amendments, changes, modification, addition or removal portions of these Terms of Use and/or Shopper365 Terms and Conditions shall be at our absolute discretion at any time. Any such changes and/ amendments will be effective when made in writing and posted on the Platform with no other notices provided or required.

1.7.    If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

1.8     If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform.

1.9     By using the Platform and/or Services you represent and warrant to us that you are legally entitled to and have the capacity to enter into this agreement with us.

1.10    This agreement shall be binding upon respective heirs, personal representatives, successors-in-title or permitted assigns of both you and us.

 

2. USE OF THE PLATFORM AND/OR SERVICES

2.1.    We grant you a non-transferable, non-assignable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform.

2.2     Any form of commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.

2.2.    All content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. We make no express or implied warranty concerning the goods or services sold or transacted on this Platform.

2.3.    Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself. You will be required to promptly update such information if there are any changes.

2.4.    You may and/or will be assigned an account and as password to access your account on the Platform. You will be solely responsible for keeping passwords and other account identifiers safe and secure. You as the account owner is entirely responsible for all activities that occur under such password or account.

2.5.    You must notify us in writing of any unauthorized use of your password or account. Shopper365 shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.6.    We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services. We shall not be liable in any manner whatsoever if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.7.    We reserve the right, but shall not be obliged to:

2.7.1   monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;

2.7.2   prevent or restrict access of any an authorized user to the Platform and/or the Services;

2.7.3   report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

2.7.4   to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under Clause 2.7.2 above if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

 

3. USER GENERATED INFORMATION OR SUBMISSIONS

3.1.    Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

3.2     You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You also represent to us that you are legally entitled to use or post the content and material of your Submissions and that the same is lawful.

3.3     You shall not use a false e-mail address, hold yourself out, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

3.4     You shall indemnify, protect, defend and hold us harmless from and against any and all claims, loss and/or damages, judgments, penalties, legal fees, expenses and/or liabilities arising out of, involving, or in connection with, the use materials or information that you submit to the Platform and/or provide to us, including claims for but not limited to breach of intellectual rights, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained your Submission.

 

4. TRADEMARKS AND COPYRIGHTS

4.1.    All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.2.    No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners.

4.3     Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

 

5. Our limitation of responsibility and liability

5.1.    The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Shopper365 of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose.

5.2.    Without limiting the foregoing, Shopper365 does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses or malwares of any description whatsoever. Access to the Platform and/or the Services shall be at your own risk absolutely.

5.3.    Shopper365 and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

5.3.1   any access, use and/or inability to use the Platform or the Services;

5.3.2   reliance on any data or information made available through the `Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

5.3.3   any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

5.3.4   any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4     In the event we include hyperlinks to other websites or content on the Platform that are owned or operated by third parties, the same is provided subject to the following terms:

5.4.1   such linked websites or content are not under our control and we have no ability to regulate them;

5.4.1   consequently and we are not liable in any manner whatsoever for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website.

5.4.2   any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content;

5.4.3   You agree that your access to or use of such linked websites or content is entirely at your own risk.

5.5     Any damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore except up to the maximum limit of Ringgit Malaysia Two Hundred and Fifty (RM250.00) only.

 

6. TERMINATION

6.1.    Any breach of these Terms of Use shall result in the immediate revocation and termination of the license granted herein and any or all of your rights granted under these Terms of Use and/or other Shopper365 Terms and Conditions without notice to you.

6.3     Upon any termination of these Terms of Use and/or other Shopper365 Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part.

6.4     Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

6.5     If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Shopper365, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

6.6     Any knowledge or acquiescence by us or in, any breach in any of the provisions of this Terms of Use shall not operate as, or be deemed to be, a waiver of such provisions. Notwithstanding such knowledge or acquiescence we shall remain entitled to exercise our rights and remedies under this agreement, and at law, and to require strict performance of all the provisions of this Terms of Use.

 

7. DISPUTES, APPLICABLE LAW AND JURISDICTION

7.1      If a dispute arises in respect of these Terms of Use or from any matter related to the access to Platform and/or the Services, both parties will attempt to resolve it by discussion, negotiations and mediation as a condition precedent before any commencing legal proceedings whatsoever.

7.2      Notwithstanding the foregoing, Shopper365 reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts without satisfying the condition precedent above.

7.3      These Terms of Use and/or other Shopper365 Terms and Conditions and any dispute arising from it, contractual or non-contractual shall be interpreted and governed by the laws in force in Malaysia.

7.4      You hereby agree to submit to the exclusive jurisdiction of the Courts of Malaysia.

 

8. Severability and Survival of Agreement

8.1     If any provision of this Terms of Use is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.

 

9. COMMUNICATIONS

9.1      Any notice or other communication to be given under or in respect of this Terms of Use shall be in writing and may be delivered, given or sent by:-

          (1)      hand or courier;

          (2)      registered or other certified mail, postage prepaid; or

          (3)      facsimile transmission or other instantaneous electronic media.

at our address stated herein or at your address as provided in your account on the Platform.

9.2      In proving the giving of a notice or any other document under or in respect of this Agreement it shall be sufficient to show:-

(1)      in the case of registered or other certified mail, postage prepaid, that the notice or other document was duly addressed and posted; or

(2)      in the case of facsimile transmission or other instantaneous electronic media that the notice or other document was duly transmitted from the dispatching terminal as evidenced by a transmission report generated by the dispatching terminal.