Terms & Conditions of Armshopee™
Article 1 (Introduction and Purpose)
Armshopee™ is an e-commerce website providing a platform for e-commerce vendors to trade in goods and services with their customers either in the form of “Business to Business” or “Business to Customer”. The purpose of this Terms & Conditions (this “Agreement”) is to set out rights and obligations and other necessary matters between persons trading products or services with each other, rights and obligations and other responsible matters between the Members and the Company (as defined below), the procedures for the use of the service by the Members in connection with the use of the e-commerce related services (the “Services”) provided by Armshopee™ (http://www.armshopee.com.my; hereinafter “armshopee™”) operated by Tintamas Services(the “Company”).
Article 2 (Definition)
The following terms shall have the following respective meanings:
“Armshopee™ (www.armshopee.com.my)” means the website existing for the real-time e-commerce system and its operation which is provided by the Company for transaction of goods and services (the “Products”).
“User” means Members who are granted the Services provided by the Company in accordance with this Agreement.
“Member” means any individual or business who has registered himself/herself/itself as member according to registration process established by the Company and who is provided the information on the Company on a consistent basis and is able to use the Services provided by the Company. Members consist of the Buyer Member (Purchase Customer) and/or Seller Member (Purchase and Sale Customer) as follows:
“Buyer Member (Purchase Customer)” means any Member who is entitled to use the Services provided by Armshopee™ for the purchase of Products.
Anyone of the age of 18 or more is eligible to register as Member for the sole purpose of purchasing (including foreigners residing in Malaysia). If you are under 18 years old, you may use the Services only with authorization from a parent or legal guardian.
“Seller Member (Purchase and Sale Customer)” means any Member who is not only entitled to purchase the Products and use the related Services on Armshopee™ and but also use the Services described in the Seller Member Agreement.
“User ID” means alphabets, numbers or certain combination of alphabets and numbers selected by the Member and registered by the Company for the identification of the Member. User ID must be a valid email address.
“Password” means any combination of alphabets and numbers selected by the Member and registered to the Company for the purpose of confirming the identity of the Member and protecting confidential information.
“Operator” means any person selected by the Company for the purpose of carrying out smooth operation and overall management of the Services provided by the Company.
“Buyer” means any User who purchases the Products of the Seller registered with the Company. The right to purchase is granted to both Buyer Member and Seller Member.
“Seller” means any Member who has registered as seller of Products with the Company using the form provided by the Company for the purpose of selling the Products.
“Seller Member Agreement” means the agreement between the Company and Seller Member for the use of the services in accordance with the terms and conditions of the Company.
“Products” mean goods and services provided by Seller Member.
“Product Rating” means a rating given to Seller Member by the Company and Buyer Member, based on certain criteria according to the result of the Member’s use of the Services.
“Product Review” means any writing, image, clip, etc., containing a review of the Products posted by any Member of Armshopee™
“Personal Identity Verification” means the act of confirming whether the following information, in each case, matches the information recorded at the time the relevant Member became a Member (i) in case of Buyer Member and/or Seller Member the personal identity to be verified through email authentication (The Seller Member may be required to go through additional verification in accordance with separate means as provided by the Company), and further confirms the mandatory items specified in Article 8 hereof.
“Transaction Fee” is fee paid to Company by the Seller in relation to the sale of Products in accordance with the terms and conditions of the Seller Member Agreement.
Any terms used herein but not otherwise defined in Article 2 shall be interpreted in accordance with the standard practices of transaction.
Article 3 (Specification, Effectiveness and Amendment of this Agreement)
The Company shall post the defined Agreement on the footer of the main page of its Internet site (http://www.armshopee.com.my), where the Company’s Services are provided, in order to inform the Users of such Agreement.
Agreeing to this Agreement shall mean agreeing to this Agreement including any changes made to this Agreement by regularly visiting the Internet site operated by the Company. The Company shall not be responsible for any damages suffered or sustained by any Member or User in connection with their failure to learn the information on the amended Agreement.
In the event any Member does not agree to the amended Agreement, such Member may request to withdraw from its membership by notifying the Company in writing. In the event the Company has given notification of the amended terms pursuant to Article 3(2) of this Agreement, the User/Member shall be deemed to have consented to such amendment if the User does not withdraw from its membership.
Article 4 (Additional Regulations)
Any and all matters not stipulated in this Agreement shall be determined in accordance with the general commercial practice and the related regulations in electronic commerce.
The Company, whenever necessary, may issue notification on matters applicable to specific Services and/or the Seller Member Agreement by posting them on Armshopee™
The Company, whenever necessary, may determine and notify of detailed matters relating to the use of the Services by posting them on Armshopee™etc.
Any changes made to the terms and conditions of this Agreement shall be notified by the Company via notification on Armshopee™
Each Member shall monitor at all times whether there have been any changes made to the Agreement and shall be deemed to have accepted any changes made and published by the Company unless the Member makes a written request to the Company to cease its membership.
Article 5 (Product Listing)
The Seller is fully responsible for listing its Products on Armshopee™ By listing on Armshopee™, the Seller warrants that:
The Seller is the valid owner of Products listed;
The Seller has the right to sell the Products online in Malaysia;
The Products conform to all applicable laws and regulations in Malaysia;
The Products strictly conform to the specifications, drawings, performance criteria other descriptions referred to on Armshopee™ by Seller;
Products are free from defects in terms of materials, performance, operation & workmanship;
No misleading, inaccurate or incomplete information on the Products;
No illegal or offensive content is inserted onto the website of Armshopee™
Without limiting the foregoing, the Seller shall not list on Armshopee™ or sell by using Armshopee™ any of the following items:
Cosmetics endangering the safety or health of the customer or items without authorization from the relevant authorities;
Firearms or any hazardous weapons;
Goods that were imported illegally;
The Seller is fully responsible for the accuracy of the legality, description and information of the Seller’s Products. The Company reserves the right to remove any Product and its description from Armshopee™, which the Company at its sole discretion deems to violate the above. In furtherance thereof, the Company reserves the right to remove the Seller from listing its Product on Armshopee™ in the event the Seller lists any Product which contravenes any of the above and/or has received negative Product Rating by any User pursuant to the Product Rating and Review System under Article 18 hereto, which the Company deems to be justified at its sole discretion.
Article 6 (Term and Suspension of the Services)
The terms of the Services of the Member shall commence on the date on which the application for the Services of Armshopee™ is approved and shall continue in full force and effect so long as the Company operates the Services of Armshopee™
The Company may temporarily suspend the provision of the Services due to repair, checking, replacement and breakdown of communication facilities such as computers, loss of communication, etc. In each of the foregoing cases, the Company shall give notification of the suspended Services and the reasons for temporary suspension of the Services on the start-up page.
The Company may restrict or temporarily suspend the provision of the Services in the event it is unable to provide such Services due to the occurrence of the natural disaster or other force majeure events.
Article 7 (Copyright Policy)
By posting on armshopee™, the Member is deemed to have granted the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to copy, display, use, reproduce, publish, distribute, transmit such postings and prepare compilation works and derivative works from such postings throughout the world in any media.
The Company reserves the right to automatically record the Seller’s website use information and analyze statistically to track operational problems, to prevent fraud and to improve the effectiveness, security, and integrity of Armshopee™ This information does not identify Members personally and the Company does not use this information to track information about individuals. We are however obliged to disclose this information to a third party if required by law. For each page visited, the Company collects and stores only the required technical information in what is called a “web server log file”, including but not limited to : Date and time of access, URL address of webpage visited, internet domain and IP address from which Armshopee™ was accessed, type of browser and operating system used to access Armshopee™ (if provided by the browser), URL address of the referring page (if provided by the browser), completion or success status of the request for a webpage or other online item and file size of the webpage visited.
The Company shall have the ownership over a copyright and any other intellectual property rights relating to any works prepared by the Company. In the event the User uses the information which it has acquired while using Armshopee™ by copying, transmitting, publishing, distributing or broadcasting such information, or by using any other means, without the prior consent of the Company, the User shall be responsible for such use (including the use of a third party.
The Member may protect its rights by notifying the Company in writing in the event his or her copyright has been violated at Armshopee™ The Company may, without notice, delete the postings, restricts or prohibits the relevant publisher from using the specific Services, or take any other measures in any of the following cases. In the event the postings are deleted, any other notices related to such postings (such as comments, responses, etc.) shall be deleted as well.
If the contents of the posting violate the provisions of Malaysian laws;
If the posting infringes the rights, honor, credit and any other legitimate profit of the other person;
If the posting contains malignant code or data that may cause malfunction of information technology equipment;
If the posting violates social public order or is destructive to the traditional custom; or
If it is determined that the posting disturbs smooth operation of the Services of Armshopee™ provided by the Company.
Article 8 (Type of the Services)
The Company shall provide the following types of the Services to the Member:
E-Commerce Services: It means the Services provided by the Company through its Internet site (http://www.armshopee.com) to provide the place of on-line transaction and may include other related supplementary services to enable the purchase and sale of Products among the Members;
Business support services related to sales;
Business support services related to purchases;
Product search information services;
Other e-commerce related services and Armshopee™ advertisement and promotion services;
Other Services include Product inquiry notice services, information provision services such as Product rating and review, telemarketing and event services provided directly by the Company or jointly between the Company and its partners.
Article 9 (Disapproval of Representation and Guarantor)
As the Company only operates, manages and provides the system for the purpose of enabling unconstrained transaction of the Products among the Buyers and the Sellers, the Company does not represent the Buyers or the Sellers and the relevant User shall be directly responsible for all liabilities related to the transaction made among the Users and the information provided by such User.
The Company does not guarantee anything with regard to the transaction undertaken by the Buyer and the Seller, such as the existence or veracity of the intent to sell or purchase, quality, completeness, safety or legality of the registered Product or whether such Product infringes the right of other person, or truthfulness or legality of the information posted by the Seller or the Buyer or any materials posted on URL linked through such information, etc. Any liabilities and risks relating to the transaction undertaken by the Buyer and the Seller shall be borne by the relevant Member.
The Company does not sell the Products to the Buyer, nor does it purchase the Products from the Seller. The Company develops and provides only the instrument to facilitate the transaction between the Buyer and the Seller.
Article 10 (Use of the Services by Buyer)
Before purchasing any Products, the Buyer must accurately confirm the terms of the transaction and the detailed description of the Products prepared by the Seller posted on the website. The Buyer shall be responsible for all losses and damages arising out of or in connection with any purchase made without confirming the foregoing.
The Company does not provide any guarantee or otherwise represent any description of the Products and the terms of the transaction registered by the Seller. The Buyer shall purchase the Products at his or her own risk.
In case of any disputes arising out of the procedure relating to the purchase and sale of the Products between the Buyer and the Seller, the Buyer shall sincerely try to resolve such dispute in a faithful manner. The Buyer shall be responsible for all damages and losses suffered or sustained by the Seller and the Company arising out of the Buyer’s insincere approach to resolve the disputes.
The Buyer shall use the means of payment available under its name when purchasing the Products and shall not arbitrarily use the means of payment available under other’s name, etc. The Buyer shall be responsible for all damages and losses suffered or sustained by the Company, the owner of such means of payment and Seller arising out of the Buyer’s arbitral use of the means of payment available under other name.
The Buyer shall be responsible and liable for the information provided by the Buyer in connection with the payment of the purchase price and any disadvantages arising out of such information.
In the event the Company posts the information provided by its partners, or provides the reference information or contents provided by a third party at Armshopee™ site or through links, for the convenient use of the Services for the Buyer, the Buyer shall, at its own decision and risks, purchase the Products, for which the Company shall have no liability whatsoever.
Article 11 (Use of the Payment Modules)
The Company shall provide payment modules to be set-up by the Seller Member in order for the Seller Member to utilize a payment gateway and the Seller Member shall then avail themselves of the terms and conditions provided by the payment gateway.
The Seller and Buyer shall be fully responsible for payments made under the payment gateway and the Company shall not be responsible for any liability or losses incurred from the Seller’s and/or the Buyer’s utilization of any particular payment gateway.
Article 12 (Delivery and Completion of Transaction)
In the event there is a dispute among the Seller, Buyer, delivery company, financial institutions, etc., in connection with the delivery, such disputes shall be resolved among the related parties. The Company shall not take part in any of such disputes, nor shall it be held liable thereto.
In the case of the occurrence of the grounds to refund the purchase prices due to defects in the Products, etc. after the purchase has been finalized, the Company shall not intervene. Any disputes arising between the Buyer and the Seller after the purchase has been finalized shall be resolved between the relevant Buyer and Seller.
Article 13 (Customs Regulation and Inspections)
If the country of the Seller is different from the country of the Buyer, the Buyer is considered the importer on record and must comply with all laws and regulations of the country in which the buyer is receiving the goods. The Buyer shall ensure that they can lawfully import the item into the Buyer’s country before purchasing the item.
Buyers may be subject to import duties and taxes, which are levied once a shipment reaches the Buyer’s country. In principle, additional charges for customs clearance must be borne by the Buyer if not specified explicitly otherwise in the Product detail page. The Company and/or the Seller has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country. Please contact your local customs office for further information.
Buyers and Sellers shipping products internationally must be aware that cross-border shipments are subject to opening and inspection by customs authorities.
Article 14 (Return/Exchange/Refund/Cancellation)
The Buyer may request for the return or exchange of the Products after the Product is delivered. The related laws and regulations shall prevail over the terms of the transaction provided by the Seller in connection with general matters relating to the return of the Products.
All necessary expenses such as round-trip delivery costs for the exchange or return shall be borne by a party to whom cost is attributable.
The Seller shall be liable for any losses suffered or sustained by the Buyer arising out of the delivery made by the delivery company which has been appointed by the Seller.
Article 15 (Prohibited Acts)
Any issues or problems arising from direct dealing shall be borne by the parties thereto, and the Company shall not take any responsibility in relation thereto.
Any abnormal use of the Service or access to the system not in conformance with the terms and conditions of the Service provided by the Company is prohibited. The Service prohibits any purchase from unauthorized use of another person’s identify, credit card information, account information, etc.
Any unusual payment in violation of related law, such as raising funds in disguise of sale of products or supply of services is prohibited. Upon identifying such activity, the Company may suspend or cancel the Member’s transaction and notify the relevant authority.
Any unusual transaction such as any purchase with no intention of actual purchase (e.g., no actual delivery of product) is prohibited. Upon identifying such activity, the Company may cancel such transactions and restrict use of the Services to the respective Member.
Article 15 (Indemnification)
Any transactions between Users arising from, or in connection with sale of products, such as shipment of products and returns must be arranged between the Buyer and the Seller, who are the parties of such transaction. The Company will not be involved in the course of the transaction nor will the Company in any event take responsibility therefore.
The Company shall not be liable for any damages or losses that User or a third party may suffer or sustain as a result of temporary suspension of the Service in accordance with Article 6 Paragraph 2 hereof. In the event of restriction on or suspension of the Services in accordance with Article 6 Paragraph 3 hereof, the Company shall be released from any responsibility by reason of force majeure.
The Company shall not be responsible for any impairment to use of the Services caused by User’s fault. The Company shall not be responsible for any damages arising from User’s disclosure or provision of its own personal information to another person.
The Company will not be involved in any transactions between User and a company connected through links, banners, etc. on the Company’s service screen and the Company shall not be responsible for such transactions. The Company does not guarantee accuracy, promptness or appropriateness, etc. of any products or information, etc. provided by a Seller or a third party on the Company’s service screen, nor will the Company in any event be responsible in relation thereto.
Article 16 (Governing Law and Jurisdiction)
This Agreement and the Seller Member Agreement between the Company and Members, and any sales transaction between Members shall be governed by the laws of Malaysia.
The Malaysian relevant court shall be the competent court of first instance for any litigation arising from disputes between the Company and User in relation to the Services.
Article 17 (Miscellaneous Provisions)
The Company, if necessary, may temporarily or permanently modify or suspend certain Services or functions, in part or in whole, upon notification through Armshopee™ websites.
The following constitutes integral part of User agreement: (i) in relation to this Agreement, any agreements, covenants or notification, etc. additionally executed upon parties’ agreement and (ii) The Company’s announcement on Armshopee™ website pursuant to change in the Company’s policy, enactment or amendment of laws or regulations or government authorities’ notification or instruction, etc.
The Company shall establish and operate a customer service centre to actively collect, and provide solutions to, fair opinions or grievances arising from Member’s use of the Service and mediate disputes between Members. The Company shall promptly process issues that it considers fair and reasonable upon deliberation of various complaints and opinions raised by Members and, for matters that cannot be immediately processed, shall notify the reason and estimated period to the Member via appropriate medium of communications e.g. email or telephone.
Article 18 (Product Rating and Review System)
The Buyer of the Products is entitled to indicate its satisfaction for the relevant transaction when the purchase is made. The indicated satisfaction of the Buyer is reflected in the assessment of the Seller of the relevant Products. The degree of satisfaction for transaction and the review shall be posted on the relevant Service pages.
A person, who has provided Products review and the degree of satisfaction concerning the counterparty of the transaction, shall be responsible for such assessment, and the Company does not intervene in ascertaining whether any of these is true. The Company is entitled to impose sanctions, such as deleting the relevant valuation results and disqualifying the relevant Member from using the Services, etc., if the Member has engaged in any activities in contravention of the purpose and objectives of the rating and review system.
The Product review may be deleted or the relevant Member may be disqualified from using the Services in any of the following cases if any assessment of the degree of satisfaction has been undertaken in order to fabricate the Product Rating or to manipulate the increase in the degree of satisfaction:
if any assessment was performed (and the assessment result thereof), after cash or other compensation was provided and/or promised in return for indication of a high degree of satisfaction;
if engaged in any activities of insulting, causing defamation or damaging credit of a third person, etc. through the Product reviews and any assessment results thereof; and
if using the Product review system in contravention of the purpose and objective of such system.
Article 19 (No reproduction)
The User agrees not to reproduce, display or otherwise provide access to the Services on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means available now or in the future, without the prior written consent of the Company.
Article 20 (Cookies)
2. A cookie is a small data file that is written to the computer’s hard drive when one visits certain websites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. The only information a cookie can contain is information the User supplies. A cookie cannot read data off the User’s hard disk or read cookie files created by other sites.
3. Cookies allow the User more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any user. Only information provided voluntarily is stored, but this information is not personally identifiable.
Article 21 (Termination and Suspension)
The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.
The Site and the Services are provided “as is” and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
Article 22 (Exclusion of Liabilities)
1. To the full extent allowed by applicable law, in no event shall the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
(a) any punitive, incidental, indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
(b) any loss of goodwill or reputation;
(c) any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs, patent infringement, breach of confidence;
(d) any liability at common law; or
(e) in any other way.
2. Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company’s negligence or the negligence of the Company’s servants, agents or employees.
3. For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
Article 23 (General Provisions)
1. Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.
2. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
3. The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.
4. The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
5. Failure of the Company to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.
6. Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
7. Words importing one gender shall include any other gender unless stated otherwise.
8. Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.