1. Use of the Site
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site 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, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorised use of your password or account. The Site 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. USER SUBMISSIONS
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, 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. ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verification or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).
4. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site 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 Site in whole or in part. 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. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Anna Ri Resources and Marketing, in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
1.1 In these Conditions:
“Buyer” means the person who accepts a quotation of Idayak for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Idayak;
“Conditions” mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Idayak;
“Contract” means the contract for the purchase and sale of Goods, howsoever formed or concluded;
“Goods” means the goods (including any instalment of the goods or any parts for them) which Idayak is to supply in accordance with a Contract;
“Writing” includes electronic mail facsimile transmission and any comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2. Basis of the Contract
2.1 The supply of Goods by Idayak to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in Idayak’s website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Idayak.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Idayak in its website shall be subject to correction without any liability on the part of Idayak.
2.5 Idayak may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
3. Orders and Specifications
3.1 Order acceptance and completion of the contract between the Buyer and Idayak will only be completed upon Idayak issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Idayak shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Idayak shall furthermore be entitled to require the Buyer to furnish Idayak with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Idayak and on terms that the Buyer shall indemnify Idayak in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by Idayak as a result of the modification or cancellation, as the case may be.
The price of the Goods and/or Services shall be the price stated in Idayak’s website at the time which the Buyer makes its offer purchase to Idayak. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Idayak in addition to the price.
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Idayak’s website. The terms and conditions applicable to each type of payment, as contained in Idayak’s website, shall be applicable to the Contract.
5.2 In addition to any additional terms contained in Idayak’s website, the following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment option is available for all Buyers. Idayak accepts all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry- leading encryption standards.
Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
5.2.2 Debit Cards
Idayak accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
5.2.3 Online Banking
1. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Idayak’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Idayak, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
2. For the time being, Idayak accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.
5.2.4 Instalment Payments via Credit Card
1. Only Buyers making payment for Goods by means of a credit card issued by Maybank or any other instalment payment partner banks which we may inform from time to time shall be entitled to participate in the 6 and 12 months instalment payment plan, as provided for herein below (“Entitled Buyer(s)”).
2. Entitled Buyers making minimum purchases of RM500 will be entitled to apply to make payment for the Goods via the 6 months Easy Pay Instalment Scheme whereas Entitled Buyers making minimum purchases of RM1,000 will be entitled to apply to make payment for the Goods via the 12 months Easy Pay Instalment Scheme, subject to a maximum purchase of RM50,000.
iii. For the purposes of this Condition, the instalment payment plan set out in Conditions 5.2.4 (i) and (ii) above shall collectively be referred to as “Credit Card Instalments”.
1. When the Entitled Buyer purchases Goods and makes payment for the same via Credit Card Instalments, the transaction shall be handled by DCR. Each Entitled Buyer would receive a call from DCR for verification and approval. An Entitled Buyer shall only be entitled to purchase Goods via Credit Card Instalments upon verification and approval by DCR.
2. While an approval for a Credit Card Instalments transaction is subject to the Entitled Buyer’s available balance and credit availability on his/her credit card account, DCR also shall retain absolute discretion in granting its approval to any credit card transaction.
3. When entering into a credit card transaction for the purchase of Goods via Credit Card Instalments, DCR’s name would be shown as the selling merchant in the Entitled Buyer’s credit card statement.
vii. When an Entitled Buyer makes an application to Idayak for the payment of Goods via Credit Card Instalments and upon approval of the application by DCR, as provided for herein above, the Buyer’s bank will debit the Entitled Buyer’s credit card account with the instalment payable on a monthly basis, for the duration stipulated. The Entitled Buyer’s available credit limit will be provisionally reduced by earmarking an amount, equivalent to the amount of the total purchase price for the relevant Goods, which will not be available to Entitled Buyer for the duration of the instalment payments. However, the credit limit will progressively restore on a monthly basis as repayment of each instalment amount is made.
viii. Each Credit Card Instalments may be charged a processing fee by the relevant instalment payment partner banks. This fee shall not be refundable, even if the purchase transaction is terminated, regardless of the reason of termination.
1. If the Entitled Buyer decides to cancel his/her orders 24 hours after the relevant order has been confirmed and prior to shipment, Idayak shall be entitled to impose a minimum of 15% of the total amount of the purchase price of the relevant Goods and the processing fee as administrative fees, in addition to the transaction fees charged by the relevant instalment payment partner banks. The balance after deduction of the administrative fees and the transaction fees will be refunded to the Entitled Buyer.
2. In the event of cancellation of the Entitled Buyer’s credit card account, any unpaid portion of the purchase price of the relevant purchased Goods shall become immediately due and payable. Insofar as is possible, this outstanding sum shall be debited to the Entitled Buyer’s credit card without further reference payable by the Entitled Buyer.
3. When the Entitled Buyer chooses to make payment for purchase of Goods via Credit Card Instalments, Idayak’s 14-Days Return Policy will no longer be applicable and the Entitled Buyer will no longer be allowed to return any items unless it is damaged to which the item shall be replaced or refunded for the amount paid. Such replacement or refund will not affect or interrupt the Credit Card Instalments. No returns for “change of mind” reason will be valid for Entitled Buyers that choose to make payment for the Goods via Credit Card Instalments.
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 Idayak has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Idayak shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If Idayak has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on Idayak, to demand performance within a specified time thereafter, which shall be at least 30 days. If Idayak fails to do so within the specified time, the Buyer shall be entitled to terminate the Contractin respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Idayak’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.
6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Idayak’s fault) then without prejudice to any other right or remedy available to Idayak Idayak may:
6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.5.2 terminate the Contract and claim damages.
7. Risk and property of the Goods
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Idayak has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until Idayak has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Idayak to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Idayak’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
7.4 The Buyer agrees with Idayak that the Buyer shall immediately notify Idayak of any matter from time to time affecting Idayak’s title to the Goods and the Buyer shall provide Idayak with any in-formation relating to the Goods as Idayak may require from time to time.
7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) Idayak shall be entitled at any time to demand the Buyer to deliver up the Goods to Idayak and in the event of non-compliance Idayak reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Idayak but if the Buyer does so all moneys owing by the Buyer to Idayak shall (without prejudice to any other right or remedy of Idayak) forthwith become due and payable.
7.8 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
7.9 The Buyer shall indemnify Idayak against all loss damages costs expenses and legal fees in-curred by the Buyer in connection with the assertion and enforcement of Idayak’s rights under this condition.
8. Warranties and Remedies
8.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
8.2 Subject to this Condition 8, Idayak warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Idayak further gives to the Buyer such implied warranties as cannot be excluded by law.
8.2.1 Idayak’s above warranty concerning the Goods is given subject to the following conditions:
(a) No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Idayak.
(b) Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
(c) Idayak binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Idayak’s opinion in that behalf. Idayak does not give any warranty as to the quality state condition or fitness of the Goods.
(d) Idayak shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of de-fects, alteration of the Goods without the prior agreement of Idayak, addition and insertion of parts, in particular of spare parts which do not come from Idayak.
(e) Idayak shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Idayak’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Idayak’s approval.
(f) Idayak is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Idayak’s prior written approval and the Buyer shall indemnify Idayak against each loss liability and cost arising out of such claims.
(g) Idayak shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
(h) Idayak shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
8.2.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to Idayak within seven days from the date of receipt of the Goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. Idayak shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which Idayak had contracted to deliver.
8.2.3 If the Buyer does not give due notification to Idayak in accordance with the Condition 8.2.2, Idayak shall have no liability for any defect or failure or for any consequences re-sulting therefrom. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to Idayak in accordance with Condition 8.2.2, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair or replacement, Idayak may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against Idayak.
8.2.4 When Idayak has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become Idayak’s property.
9. Force Majeure
9.1 Idayak shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Idayak’s obligations if the delay or failure was due to any cause beyond Idayak’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Idayak’s reasonable control:
9.1.1 Act of God, explosion, flood, tempest, fire or accident;
9.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
9.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
9.1.4 import or export regulations or embargoes;
9.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Idayak or of a third party);
9.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
9.1.7 power failure or breakdown in machinery.
9.2 Upon the happening of any one of the events set out in Condition 9.1 Idayak may at its option:-
9.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;
9.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and Idayak shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
10. Insolvency of Buyer
10.1 This condition applies if:
10.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
10.1.2 an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or
10.1.3 the Buyer ceases – or threatens to cease – to carry on business; or
10.1.4 Idayak reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
10.2 If this condition applies then without prejudice to any other right or remedy available to Idayak, Idayak shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Buyer and if Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Idayak, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
12.1 Idayak shall accept liability to the Buyer for death or injury resulting from its own or that of its employees’ negligence. Save as aforesaid, Idayak’s liability under or in connection with the Contract shall be subject to the limitations set out in this Condition 12.
12.2 Idayak shall be under no liability whatsoever where this arises from a reason beyond its reasonable control as provided in Condition 9 or from an act or default of the Buyer.
12.3 In no event shall Idayak be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or Idayak had been advised of the possibility of the Buyer incurring the same.
12.4 Where time of performance has been agreed by Idayak becomes the essence of the Contract by means of notice by the Buyer to Idayak, as provided for in Clause 6.4, and Idayak fails to comply with its obligations in due time, so that the Buyer becomes entitled to compensation in accordance with Condition 6.4, Idayak’s liability shall be limited to an amount of ½% for each full week of delay, in total to a maximum cumulative amount of 5%, of the value of the delayed Goods.
12.5 The remedies set out in Condition 8 are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods or Services and Idayak’s liability for the same shall be limited in the manner specified in Condition 8.
12.6 Without prejudice to the sub-limits of liability applicable under this Condition 12 or elsewhere in these Conditions, Idayak’s maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract, shall not exceed the total Contract price.
12.7 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.
12.8 No action shall be brought by Idayak later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.
13.1 On or at any time after the occurrence of any of the events in condition 13.2 Idayak may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
13.2 The events are:-
13.2.1 the Buyer being in breach of an obligation under the Contract;
13.2.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
13.2.3 the making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;
13.4. the Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
14.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
14.2 No waiver by Idayak of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
14.4 No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.2.
14.5 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 14.7.
14.6 Except as provided for in Clause 14.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLR-CA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
14.7 Notwithstanding Clause 14.6, Idayak shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
14.8 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.
14.9 Idayak reserves their right to these terms and conditions of sale at any time.
14.10 Milk formula products are returnable except for “change of mind” request. You are to ensure that product is not opened, as otherwise it will not be accepted for return.
14.11 Return/Refund or cancellations are not allowed of any perishable goods.To ensure that you are satisfied with the product you received, please inspect the contents as soon as your order arrives.
IDAYAK PAYMENT ACCOUNT USER
These Terms and Conditions govern your access and use of the Idayak virtual payment account (“Idayak Payment Account”).
1. The Idayak Payment Account is operated by Upay Malaysia Sdn. Bhd. (“Upay”) for Anna Ri Resources and Marketing (“Idayak”).
All references in these Terms and Conditions to “we,” “us,” or “our” shall refer toUpay as operator of the Idayak Payment Account. “You” and “your” shall refer to the User.
The Idayak Payment Account is associated with your Idayak Account and is intended for effecting payment for the purchase of goods and/or services offered by the Idayak group of companies by registered Users.
By requesting and/or using the Idayak Payment Account, you, the User, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Idayak Payment Account.
1. These Terms and Conditions are in addition to the terms and conditions governing your use of the Idayak Website and your Idayak Account available at https://www.Idayak.com.my/terms-of-use/.
2. These Terms and Conditions are supplemented by Idayak’s Membership Protection Policy (“Membership Protection Policy”), which give all Idayak customers the assurance of authorized payments on the Idayak Payment Account. The Membership Protection Policy also sets out compensation guidelines for losses arising from any unauthorized transactions on the Idayak Payment Account. The policy is available at https://www.Idayak.com.my/terms-of-use/
DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:
“Upay” means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
“Foreign Language Version” is defined under clause 14.9 of these Terms and Conditions.
“Indemnitees” means Upay’s and Idayak’s respective officers, employees, directors, agents, contractors and assigns.
“Idayak” means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
“Idayak Account” means the online account of the User on the Idayak Website.
“Idayak Payment Account” is defined in the recitals to these Terms and Conditions.
“Idayak Payment Account Balance” is defined in clause 3.1 of these Terms and Conditions.
“Idayak Website” is defined as the website or the mobile application (as applicable) from which you purchased the goods or services offered by the Idayak group of companies.
“Payment Instrument” is defined in clause 3.1.
“Personal Data” means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
“Promo Coupon” means, to the extent permitted by local law, a promotional coupon which is issued by Idayak to a User relating to Idayak Payment Account, from time to time as a gratuity, by crediting the coupon amount into the User’s Idayak Payment Account, and may be used by the relevant User to pay for goods or services on the Idayak Website, prior to the relevant Promo Coupon’s expiry date, as determined at the sole discretion of Idayak and subject to conditions as may be imposed by Idayak from time to time. A Promo Coupon is not legal tender, is not considered electronic money and is not transferable.
“Refund Coupon” means a Idayak store credit, given by Idayak when refunding a User’s previous purchase of goods or services on the Idayak Website and subject to conditions as may be imposed by Idayak from time to time. A Refund Coupon is not legal tender, is not considered electronic money and is not transferable.
“Registration Information” is defined under clause 2.1 of these Terms and Conditions and may include Personal Data.
“Service Fees” is defined in clause 5.1.
“User” means an authorized user of the Idayak Payment Account.
1. ACCESS TO THE IDAYAK PAYMENT ACCOUNT
1.1 You agree to:
1.1.1 use your Idayak Payment Account only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Idayak Payment Account in good faith;
1.1.2 comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the Idayak Payment Account, as well as any amendments thereto issued by us from time to time; and
1.1.3 ensure that any information or data you provide to us in connection with the Idayak Payment Account is accurate.
1.2 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.
1.3 Use of the Idayak Payment Account is restricted to registered users of the Idayak Website.
1.4 By using the Idayak Payment Account, you agree to comply with all applicable laws and regulations in Malaysia, including not undertaking or engaging in any dealing or transaction with the State of Israel, its residents or any entity owned or controlled, directly or indirectly, by the State of Israel or its residents including any authority or agency of the State of Israel.
2.1 The registration process for the Idayak Account requires you to provide Idayak with accurate and complete personal information, including your name, address, telephone number, date of birth, email address and any other information as may be deemed necessary by us (“Registration Information”). You shall be responsible to update the Registration Information to ensure its completeness and accuracy. You acknowledge and agree that Idayak may share your Registration Information with us from time to time.
2.2 In addition to such Registration Information, we may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of the Idayak Payment Account or suspend or close your Idayak Payment Account.
2.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever, including making any enquiries on behalf of Idayak to process any refunds, including Refund Coupons, payable to you.
2.4 Each User is only entitled to have one (1) Idayak Payment Account associated with his or her Idayak Account.
2.5 You are solely responsible for keeping your username and password to your Idayak Payment Account secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform Idayak immediately.
3 IDAYAK PAYMENT ACCOUNT BALANCE
3.1 You may maintain funds in your Idayak Payment Account, and such funds, less any monies owed to us, will be regarded as the balance of your Idayak Payment Account (“Idayak Payment Account Balance”). Your Idayak Payment Account may also contain your Promo Coupon or your Refund Coupon. These Coupons are issued by Idayak, are not considered electronic money, and are not part of your Idayak Payment Account Balance.
3.2 Funds can be accumulated in your Idayak Payment Account Balance by means of a transfer of funds from certain payment instruments we accept (including debit cards, checking and savings account or other prepaid payment method we allow, collectively, “Payment Instruments”).
3.3 For any transfer from a Payment Instrument to your Idayak Payment Account Balance, we make no representation that any of your Payment Instrument(s) are in good standing, or that the issuer of your Payment Instruments will authorise or approve such transfer.
3.4 Unless otherwise stated, both you and Idayak are not liable for any fees raised by third parties including card issuers or banks, associated with funding your Idayak Payment Account Balance. However, we reserve the right to decline acceptance of any payment instruments, including credit cards, debit cards or bank accounts, as funding methods at our sole discretion.
3.5 We reserve the right to impose limits on your use of Idayak Payment Account from time to time, including (i) the amount of value you may load your Idayak Payment Account at any one time; and (ii) the aggregate funds loaded to your Idayak Payment Account over any time period.
4. USING YOUR IDAYAK PAYMENT ACCOUNT
4.1 You may use your Idayak Payment Account to purchase goods and/or services through the Idayak Website. For security reasons, we may limit the amount or number of transactions you can make through your Idayak Payment Account. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.
4.2 Each time you use your Idayak Payment Account, you authorize us to reduce the value available in your Idayak Payment Account Balance by the total amount of the transaction and where applicable, any fees, including shipping fees, payment fees and all applicable taxes. The amount of any purchases will first be applied to any Promo Coupons or Refund Coupons (based on the earliest expiry date for each such Promo Coupon or Refund Coupon) which toare available in your Idayak Payment Account. You can only make payments using your Idayak Payment Account to the extent that you have Idayak Payment Account Balance to support those transactions. You are not allowed to make purchases in excess of your Idayak Payment Account Balance. We will not extend credit in connection with your use of your Idayak Payment Account, and you must repay us immediately if your Idayak Payment Account Balance is ever less than zero for whatever reason.
4.3 You are responsible for all transactions initiated and fees incurred by using your Idayak Payment Account. If other persons access your Idayak Payment Account, we will treat this as if you have authorized such use and you will be responsible for any transactions made and fees incurred by such use.
4.4 You must notify us immediately of any unauthorized use of Idayak Payment Account or any other breach of security regarding the Idayak Payment Account of which you have knowledge. You must report any such activities within ninety (90) days for any claims for unauthorized use of your Idayak Payment Account to be valid for consideration under Idayak’s Membership Protection Policy.
4.5 Notwithstanding anything to the contrary under Idayak’s Membership Protection Policy, you agree that we will not compensate you for any loss resulting from any claims for unauthorized use of your Idayak Payment Account under any of the following events, as determined at our sole and absolute discretion:
4.5.1 where any such claims relate to transactions that are found to be conducted on your trusted device, your IP address or any other user‐acceptable boundaries;
4.5.2 where you have acted fraudulently or with negligence, including but not limited to cases where you have wilfully disclosed your Idayak Payment Account log-in details to a third party;
4.5.3 if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorized transactions;
4.5.4 where any funds in your Idayak Payment Account are subject to legal process or other encumbrance restricting transfer;
4.5.5 where any such transactions are took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or
4.5.6 where any terminal or system (including our or Idayak’s website or services) was not working properly or suffering any other technical malfunction before you initiated the relevant transaction.
4.6 Subject to clauses 6 and 7.4, no redemption of cash, transfer of funds or cash withdrawal is permitted in respect of any amounts on your Idayak Payment Account.
4.7 We shall have the right to refuse any transaction on your Idayak Payment Account if:
4.7.1 the transaction does not satisfy these Terms and Conditions or the terms and conditions of your Idayak Account; or
4.7.2 where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.
4.7.3 such transaction involving the use of any Promo Coupon or Refund Coupon where we or Idayak suspects any coupon abuse or fraud or any illegal activities in relation to your Idayak Payment Account.
4.8 When using your Idayak Payment Account to pay for a purchase on the Idayak Website, payments may be processed through accounts owned by us or one of our affiliates and/or a registered third party service provider acting on our behalf.
4.9 For each purchase transaction you make on the Idayak Website, we will transfer funds from your Idayak Payment Account when the first of any of the following events occurs:
4.9.1 we receive confirmation of a successful completion of the purchase from Idayak;
4.9.2 you fail to confirm receipt of the goods or services within the time limit prescribed under the terms and conditions of the Idayak Website, in which case you will be deemed to have received the goods or services;
4.9.3 the conclusion of any settlement agreement or dispute between you and any other user of the Idayak Website and/or Idayak, in which case the funds will be disposed in accordance with such settlement agreement or dispute resolution; or
4.9.4 Idayak or any of its affiliates, or us or any of our affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment.
4.10 When releasing any funds, we shall have the right to deduct or withhold any financial charges or service fees due and payable to us and/or Idayak in such amounts as instructed by Idayak.
4.11 If you experience any difficulties with your Idayak Payment Account, please contact us at https://www.Idayak.com.my/contact/. If you have placed an order on the Idayak Website and experience difficulties with your order, please contact customer service https://www.Idayak.com.my/contact/.
4.12 You shall complete any purchases in accordance with the applicable terms and conditions of the Idayak Website https://www.Idayak.com.my/terms-of-use/, which may be amended from time to time at Idayak’s discretion without notice.
4.13 You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for us to operate your Idayak Payment Account. If your failure to do so results in any delay in any transaction on your Idayak Payment Account, neither we nor Idayak shall be liable for any loss or damages arising from such delay.
4.14 You acknowledge and agree that we are not a bank or remittance agent and the services we provide to you in connection with your Idayak Payment Account should in no way be construed as the provision of banking services or remittance services. We are not acting as a trustee, fiduciary or escrow with respect to your Idayak Account Balance.
We reserve the right to impose fees to cover the relevant costs of providing the Idayak Payment Account services to you including those associated with the set-up and maintenance of your Idayak Payment Account (“Service Fee”).
6.1 If, having purchased goods or services on the Idayak Website, you are subsequently entitled to a refund for any reason in respect of such goods or services, you agree that Idayak will either (i) issue a Refund Coupon; or (ii) where the purchase was made using a credit card, credit the refund to the same credit card. We may require you to provide additional information prior to processing any refund.
6.2 A Refund Coupon is (i) not legal tender; (ii) not considered electronic money; (iii) not transferable; and (iv) subject to Idayak terms and conditions.
1 Formation of the Contract
You must be at least eighteen (18) years old and able to enter into a legally binding contract with us in order to use our Site. To use the Services we provide via our Site, you are required to follow the steps on the Site. Your request to engage us to provide the Services is subject to our acceptance and we reserve the right to discontinue at any time the provision of our services before our acceptance and such discontinuance shall be without any liability to us save for refunds of the payment made by you in relation to the item you ordered but not delivered to you in accordance with our refunds policy set out below.
We shall only be deemed to have accepted your request when you receive a written confirmation from us. You agree to bear any additional fees based on your additional requests after we have commenced any of the Services including but not limited to your cancellation of order or customisation requests after our acceptance.
2 Update of User Agreement
We reserve the right to amend the terms in this User Agreement at any time. All amendments will be posted online. Continued use of the Site will be deemed to constitute acceptance of the terms in this User Agreement as updated or amended from time to time. You are responsible for reviewing the latest terms each time you use our Services.
4 Content of Services
1. In spite of the transaction occurring on the site, we are not responsible for the accuracy of descriptions, functionality, merchantability and quality of the items you bought from other website. You agree that by using the Services, you fully understand the content of the Services in our Quick Guide. The Company will not be liable in any way for any additional requests out of the content of the Services listed. You also agree that you will bear the responsibility for any exporting or importing tax, duty, license, permit, additional processing cost or documents requested by exporting or importing country’s government agency, or any other loss or consequence caused by your items. We reserve the right to archive or remove cancelled/completed orders that are more than 2 years old from the date of order submission, for the purpose of maintaining the stability of our platform.
5 Displayed Items on our Site
All information and content related to items on our Site, including to price, details, dimensions, weight, descriptions, and specifications of the items are provided by the seller and probably some of them are obtained from third party sources and the items or the related information are not owned,manufactured, sold or endorsed by our Company. Considering the technical limitations, we do not warrant that the said information is accurate, complete, reliable, current, or error-free.
Each item offered for sale on our Site has an item description and/ or a reference link. You shall be responsible for confirming the information and content related to the item you wish to purchase through the information and/ or link provided before you submit any order. It is presumed that you have full knowledge and understanding of the details of the items you are purchasing upon submission of your order, as we shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on our Site.
6 Product Price & Domestic Shipping Fees
If there is a difference in the price due to any reason, we will inform you as soon as possible and we will give you the option to top-up the order’s price difference and reconfirm the order at the correct price, or to cancel the order. However, this is subject to a few factors including without limitation the availability of the item you wish to purchase, the timing of your response and the confirmation of Idayak.
We cannot guarantee the accuracy of product information displayed on our website, including but not limited to price and stock availability. In circumstances where the order cannot be fulfilled by Idayak, it may be cancelled and refunded.
7 Custom Good Tax
Any parcels or goods that being impose by custom tax, the cost shall be to the buyer. Sometime our international seller or supplier will declare the price order smaller than actual price to help the buyer avoid the tax.
Items on our site that indicate a certain level of stock do not necessarily guarantee their availability.
Some information or content related to the items on our Site is translated to English for a rough reference only. Please contact our customer service team should you need more information about the product and any associated risks before making your purchase.
10 Shipping Restrictions
We reserve the right to change or disallow certain international shipping methods for items that are prohibited due to certain conditions, including, but is not limited to their length, volume, weight, or if the product bears the logo of international brands. We shall not be held liable or responsible if the items you purchased cannot be delivered to you due to the operation of law or regulations or other factors beyond our reasonable control. Our services are only available with regards to lawful goods; you must comply with all customs laws and regulations and other applicable laws. You will be responsible if anything is imported into Malaysia in contravention of such laws. Please refer to our Quick Guide for details on our shipping.
1. Issues with Product Usage
We are not liable for problems arising from product usage, including but are not limited to damage, injury, safety issues. Please refer to our Inspection Coverage and Refund Policy for more details.
11 My Available Amount
i. My Available Amount refers to the credit balance bound to each user’s Account. All payments or top-ups, refunds or offsets are adjusted from My Available Amount, and are non-transferable between Accounts. Cash vouchers credited to My Available Amount may not be withdrawn. We reserve the right to reverse or adjust a top-up to My Available Amount if it does not match the actual amount transferred from you. You agree to provide additional documentation to us, including but not limited to updated bank statements, for us to verify the authenticity of requests made through your account.
You may at any time request to withdraw the remainder in your My Available Amount account to a bank account or credit card subject to sub clause (c) below. The requested amount will be remitted to the bank account or credit card by us (following the original mode of transfer).
ii. Your request to withdraw the balance in your My Available Amount may not be processed by us if:
· There is existing unprocessed payment(s) tied to the relevant Account;
· There is pending payment from the Account user;
iii. Withdrawal request amount is greater than the amount in My Available Amount or actual top-up amount by user; and/or
· Top-up payment method is different from the withdrawal method. For example, when the My Available Amount top-up was made through i-Banking or ATM transfer, and the withdrawal request was made for the My Available Amount top-up to be credited to a credit card (or vice versa).
· Negative My Available Amount balance has to be cleared before you can collect any purchase or before you make your next purchase. If you have not cleared the negative My Available Amount balance in your account, we reserve the right to, including but not limited to, hold back your new or ongoing orders and/or collection of previous purchases.
i. Our Promotions
We may run promotions, subject to additional terms and conditions, which can be found on the Site and are hereby incorporated by reference into this User Agreement. The terms and conditions of the individual promotion have to be met before we can process your orders. We shall have the absolute discretion to vary the terms and conditions applicable to each promotion we offer.
ii. Special Product Promotions
Idayak may run Special Product Promotions from time to time, including but not limited to limited-time sales, member-only discounts and promotion codes. We are under no obligation to place your order within a stipulated time, and we shall not be held liable should the order not be placed within the promotion period. If the order is not placed within the promotional period, users would be notified of the price difference, and they will be given the option to top-up the price difference to proceed with the order at its non-promotion price, or to cancel their order.
iii. Vouchers, Coupon Codes, Credit Points and eCoin
The following terms shall apply to the use of vouchers, coupon codes, credit points and eCoin. You shall observe any additional terms applicable to each category below from time to time. We reserve the right to vary the applicable additional terms at our sole and absolute discretion and to discontinue any benefits conferred to you under this clause without notice or liability and to extend the validity beyond the stated expiration date.
Vouchers are for one-time use and to offset face value amount during checkout. All fully- and/ or partially-claimed vouchers are non-refundable. Cash vouchers may be credited to My Available Amount to be used as available credit, and it cannot be withdrawn. Cash Off vouchers have a minimum spending required under the specific Cash Off items to get the stated discount. All vouchers have their service life which will be stated on voucher itself, and each voucher can only be used for certain specified services.
B. Coupon Codes
Coupon codes offer a discount on international shipping fee. They cannot be used in conjunction with other parcels under other existing promotions.
C. Credit Points
Credit points are a reward system where points may be exchanged to offset agent fees. Please refer to our Quick Guide for full details of our credit points.
eCoin is a point rewards system which requires daily check-in. Please refer to our Quick Guide for full details of our eCoin system.
E. Gift cards / My Special Cash
Gift Cards are sold by our authorized external partners and can be used as full or partial payment for your orders. The monetary value of Gift Cards will be credited to My Special Cash upon usage and it can be used as cash, however it cannot be withdrawn from the account or transferred to another account.
13 Home Delivery
Once your parcel is ready for collection/ delivery, you may arrange for the next available home delivery date on our Platform. The stated home delivery fee applies for home deliveries to lift-accessible floors. If our delivery crew is unable to deliver your parcel by due to reasons, including but not limited to, bulky parcel dimensions that cannot fit the lift; out-of-service lift upon arrival, we may opt to manually carry your parcel through non-hazardous means to your doorstep. Additional charges may be imposed for our delivery team as a result. There is no delivery available to remote or restricted areas.
In the event of any after-sales issues, please send us an enquiry via your Account, or email us at supportmy@Idayak.com. We will reply to your enquiry within 3 – 5 working days. If you are not completely satisfied with your purchase, you may file a claim within 3 days from the collection date of your purchase. We reserve the right to not accept any claims brought forward after more than 3 days of collection. Please refer to our Refund Policy for more details. Any refund shall be credited to your account under My Available Amount in accordance with our Refund Policy. Please also refer to our Site for more information before filing an after-sales enquiry/email.
15 Cancellation, Return, Refunds
We reserve the right to cancel your order due to reasons including but not limited to not being able to fulfil request specifications, you not providing alternative SKUs for orders that become unavailable.
If the item you received is wrong, damaged or defective, please contact our Customer Service Team and provide your Parcel number, user ID, photos and details of the Product and the reason for return, and whether you require a refund or a replacement. For Ship-For-Me service, we will contact the relevant Seller and liaise between you and the relevant Seller. After our Customer Service Team has dealt with your claim, you agree to bear an administration fee for each order that you seek to return and all other reasonable carriage costs.
Upon completion of the return process, we will credit the refund after deducting the administration fee to your My Available Amount in a few working days. You may at any time request to withdraw from your My Available Amount to a bank account or credit card if there are no pending payments, and the requested amount shall be remitted to the bank account or credit card (following the mode of original transfer).
16 Storage Charges and Disposal
Storage charges may apply and in certain circumstances, we may dispose your items. Please refer to our storage policy available on our Site for more information.
17 Membership and Benefits
We reserve the rights to change, amend, modify, suspend, continue or terminate all or any part of, current or new, membership & benefits in an individual case or in general, at any time with or without notice. Please refer to our Quick Guide for full details of our membership & benefits.
18 Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Services and/or Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
19 Prohibited Uses and Termination
You are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service and Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet, (l) to stalk, harass, or otherwise harm another user of our Services, our employees or third party. We reserve the right to remove any content that is not in accordance to existing laws and regulations or is misleading and inaccurate, without notifying users.
User shall use the Site and its content for lawful purposes only. User shall not:
· transmit through the Site any content which violates or infringes in any way upon the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, an invasion of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or which is false or misleading;
· Compromise the integrity of our software or systems;
· Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;
· Misuse the Site by creating multiple user account;
· Transmit or distribute a virus or any other type of malicious code that will or may be used in any way that will affect the security, functionality or operation of the Site or of any related website or other websites;
· Send any unsolicited advertising or promotional content;
· Hack into any aspect of the Site;
· Attempt to affect the security, performance or functionality of any computer facilities related the Site;
i. Use the Site or its content for any obscene or immoral purpose; and
ii. Restrict or inhibit any other user from using or enjoying the Site in anyway.
iii. We reserve the right to remove any content that is not in accordance to existing laws and regulations or is misleading and inaccurate, without notifying users.
20 Limitation of Liability
· Nothing in this User Agreement is intended to exclude or limit our liability to you for any loss or damage arising from the negligence on the part of us or breach of any express terms contained herein if you are dealing as a Consumer. Save as except the foregoing, this clause shall apply to all other users.
· We do not guarantee, represent or warrant that your use of our Services and/or Site will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Services and/or Site is at your sole risk. The Services and all items delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Without prejudice to the generality of the foregoing, we do not warrant:
· the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform or the Services;
· that the Platform or the Services will be provided uninterrupted, secure or free from errors or inaccuracies, or that any identified error will be corrected;
· that the Platform or the Services are free from any computer virus or other malicious, destructive or corrupting code, agent or program; and
· the security of any information transmitted by other users or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet. You agree that from time to time we may remove the Services and/or Site for indefinite periods of time or cancel the Services and/or Site at any time, without providing prior notice to you.
· In no case shall we, our directors, managers, employees or interns be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from this User Agreement, your use of any of the Services, Site or any items procured using the Services and/or Site, or for any other claim related in any way to your use of the Services, Site and/or any items, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services and/or Site or any content (or product) posted, transmitted, or otherwise made available via the Services and/or Site, even if advised of their possibility.
· In the event that any of the exclusions referred to in this clause are not permissible in law, our maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract shall not exceed, the lower of, the total price paid by the user to us for the Services (excluding the price of the items purchased by the relevant buyer) or one hundred and fifty Malaysia Ringgit (MYR 150.00).
21 Intellectual Property
· We are the sole owner or lawful licensee of all the rights to the Services and Site. The Services and Site embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Services and Site shall remain with us or its affiliates/ licensors. All rights not otherwise claimed under this User Agreement or by us are hereby reserved.
· We and our related icons and logos are registered trademarks or service marks and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
· Idayak guarantees that we have the legal right to reproduce the information and content of the offered items and goods, including pictures and descriptions related to the items on our Site. The reproduction of any trademark or trade name of any goods is solely for the purpose of indicating to potential buyers the source/ originator of the goods and is not intended to indicate that we are the owners of the trademark or name, nor other IP rights bore on the goods. We are not responsible for any infringement of any intellectual property right in any reproduction thereof.
· If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
23 Third Party Sites and Information
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their items and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
24 Termination of Use and Services
· You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
· Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension-
· Without prejudice to any other rights that we and you may have under this User Agreement or at law, we or you may immediately terminate User Agreement if:
(a) the other party is in breach of any clause contained herein and such breach is not remedied within thirty (30) days of the other party’s written notice; or
(b) the other party shall pass a resolution for winding up or becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration or if a receiving order is made against such Party or such Party makes any arrangement or composition with its creditors.
· Notwithstanding any of the foregoing, in the event that you are found to be in breach of your obligations under this User Agreement, we may terminate or suspend your use of our Site without notice to protect our Site and other users of the Site.
· 25 Applicable Law and Jurisdiction
· The Contract shall be governed by the laws of China Mainland and you agree to submit to the exclusive jurisdiction of the Courts in Shanghai, Pudong New District.
You will indemnify and hold us (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services and/or Site or your breach of any law or the rights of a third party.
If any clause in this User Agreement shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as this User Agreement shall be capable of continuing in effect without the unenforceable term.
No failure or delay by us in exercising any right under this User Agreement shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under this User Agreement.
Please note that Idayak has the right to sub-contract its obligations for the delivery of the Items to any third party at any time and at its sole discretion.
30 Force Majeure
· We shall not be liable to you or be deemed to be in breach of this User Agreement by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the items, Services and/or Site if the delay or failure was due to any cause beyond our reasonable control, including but not limited to:
· fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
· war or threat of war, sabotage, insurrection, civil disturbance or requisition;
· acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
· import or export regulations or embargoes;
· strikes, lock outs or other industrial actions or trade disputes;
· difficulties in obtaining raw materials, labour, fuel, parts or machinery faced by us or suppliers; or
· telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
31 Entire AgreementAll access and use of the Site and Services are governed by this User Agreement to the exclusion of all previous written or oral agreements between the parties and this User Agreement constitutes the entire agreement between the parties.