Terms & Conditions
1.
INTRODUCTION
1.1
Welcome to the AsiaEBuy platform (the "Site"). Please read the
following Terms of Service carefully before using this Site or opening a
AsiaEBuy account ("Account") so that you are aware of your legal
rights and obligations with respect to ASIAEBUY SDN. BHD (Company Registration
No. 201701003939 [1218104 -U] and its affiliates
and subsidiaries (individually and collectively, "AsiaEBuy",
"we", "us" or "our"). The "Services" we
provide or make available include (a) the Site, (b) the services provided by
the Site and by AsiaEBuy client software made available through the Site, and
(c) all information, linked pages, features, data, text, images, photographs,
graphics, music, sounds, video (including live streams), messages, tags,
content, programming, software, application services (including, without
limitation, any mobile application services) or other materials made available
through the Site or its related services ("Content"). Any new
features added to or augmenting the Services are also subject to these Terms of
Service. These Terms of Service govern your use of Services provided by
AsiaEBuy.
BY USING ASIAEBUY SERVICES OR OPENING
AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF
THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES
REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS,
PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF
18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE
LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT
OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST
AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE
REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE
AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU
ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU
MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE
RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT,
WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. Agreement
2.1 In
these Terms and Conditions "Seller" means AsiaEBuy and
"Buyer" means the person who accepts these Terms and Conditions, by
using this Website and associated software, networks and processes, including
the purchase of Products or services through the Website.
2.2 By
browsing the Website, or placing an Order, Buyer agrees to these Terms and
Conditions as set out below, which constitutes a legally binding Agreement
between Seller and Buyer for the supply of Products.
2.3 The
Agreement together with the Order constitute the entire agreement between
Seller and Buyer for the supply of Products. The Agreement cannot be varied
unless Seller agrees to vary it in writing or by email.
3. Legal
Capacity
If Buyer is under the age of eighteen (18) years, the Buyer cannot place Orders with AsiaEBuy. By accepting this Agreement, Buyer acknowledges that Buyer is over the age of eighteen (18) years.
4. Website
Use
4.1 The
Website may contain links to other web sites. Those links are provided for
convenience only and may not remain current or be maintained. Seller is not
responsible for the content or privacy practices associated with linked web
sites.
4.2 Buyer
must ensure that the access to, or use of the Website is not illegal or
prohibited by laws which apply to Buyer.
4.3 Buyer
must take own precautions to ensure that the process for accessing the Website
does not expose Buyer to risk of viruses, malicious computer code or other
forms of interference which may damage the computer system. Seller takes no
responsibility for any such damage which may arise in connection with the use
of the Website.
5. Limited
License
5.1 AsiaEBuy
grants you a limited and revocable license to access and use the Services
subject to the terms and conditions of these Terms of Service. All proprietary
Content, trademarks, service marks, brand names, logos and other intellectual
property (“Intellectual Property”) displayed in the Site are the property of
AsiaEBuy and where applicable, third party proprietors identified in the Site.
No right or licence is granted directly or indirectly to any party accessing
the Site to use or reproduce any Intellectual Property, and no party accessing
the Site shall claim any right, title or interest therein. By using or
accessing the Services you agree to comply with the copyright, trademark,
service mark, and all other applicable laws that protect the Services, the Site
and its Content. You agree not to copy, distribute, republish, transmit,
publicly display, publicly perform, modify, adapt, rent, sell, or create
derivative works of any portion of the Services, the Site or its Content. You
also may not, without our prior written consent, mirror or frame any part or
whole of the contents of this Site on any other server or as part of any other
website. In addition, you agree that you will not use any robot, spider or any
other automatic device or manual process to monitor or copy our Content,
without our prior written consent (such consent is deemed given for standard
search engine technology employed by Internet search websites to direct
Internet users to this website).
5.2 You
are welcome to link to the Site from your website, provided that your website
does not imply any endorsement by or association with AsiaEBuy. You acknowledge
that AsiaEBuy may, in its sole discretion and at any time, discontinue
providing the Services, either in part or as a whole, without notice.
6. Pricing
6.1 Prices
displayed on the Website are subject to change without notice. Once an Order
has been accepted by Seller, the price of the Product cannot be varied.
6.2 All
prices listed on the Website exclude Delivery Costs. Delivery Costs are shown
separately on an Order.
7. Product Specifications
7.1 Features
and specifications of Products described or depicted on the Website are subject
to change without notice. For the avoidance of doubt, Seller will not
materially change the features and specifications of a Product once an Order
has been accepted by Seller.
7.2 All weights and dimensions of
Products described in the Website are approximate.
8. Order and Payment
8.1 Payment
for Orders will be processed immediately upon confirmation of the Order.
AsiaEBuy requires upfront payment before processing the order(s).
8.2 Despite
best efforts, on occasion it may be possible that a small number of the
Products in the range may be incorrectly priced on the Website. If the price is
incorrect, Seller may cancel the Order and refund the payment to the Buyer.
9.
AsiaEBuy Coins Reward System
9.1 Users may earn
loyalty points (“AsiaEBuy Coins”) by buying merchandises on the Site using the
AsiaEBuy Guarantee system or through participation in other AsiaEBuy activities
as AsiaEBuy may from time to time determine (“Eligible Activities”) based on
the conversion rate determined by AsiaEBuy in its sole discretion. Generally,
AsiaEBuy Coins will be credited to a User’s Account upon the completion of a
successful transaction or activity approved by AsiaEBuy. You are eligible to
participate in the AsiaEBuy Coins reward system if you are a User and your
Account does not expressly exclude you from participation.
9.2 Transaction not
completed on the Site using AsiaEBuy Guarantee do not qualify for the AsiaEBuy
Coins reward system. AsiaEBuy may at its sole discretion exclude categories of
items from the AsiaEBuy Coins reward system.
9.3 AsiaEBuy Coins
credited to Buyers have no monetary value, do not constitute Buyer’s
property and cannot be purchased, sold, transferred or redeemed for cash by
Buyer.
9.4 Subject to
AsiaEBuy rules and regulation as determined, varied or modified by AsiaEBuy
from time to time, subject to any cap imposed by AsiaEBuy at its sole
discretion, User may redeem AsiaEBuy Coins by sending a request to AsiaEBuy and
use AsiaEBuy Coins to offset the purchase price of selected items when making
purchases on the Site as advised by AsiaEBuy from time to time. All refunds
will be subject to AsiaEBuy’s Refunds and Return Policy under Section 12.
9.5 The AsiaEBuy
Coins you redeem will be deducted from your AsiaEBuy Coins balance. Each
AsiaEBuy Coins comes with an expiry date. Do check your account details on the
Site for AsiaEBuy Coins balances and expiry date.
9.6 From time to
time, we may tell you that bonus AsiaEBuy Coins will be awarded for particular
Eligible Activities. This may include but is not limited to purchases you make
at participating Sellers or pursuant to specific promotional offers. We will
notify you of the terms of such bonus awards if any from time to time.
9.7 If you have a
dispute in relation to the number of AsiaEBuy Coins which you have been awarded
in respect of an Eligible Activity, such a dispute must be made within one (1)
month from the date of the Eligible Activity. We may require you to provide evidence
to support your claim.
9.8 AsiaEBuy gives no
warranty and accepts no responsibility as to the ultimate tax treatment of
AsiaEBuy Coins. You will need to check with your tax advisor whether receiving
AsiaEBuy Coins affects your tax situation.
9.9 AsiaEBuy reserves the right to (i) discontinue the AsiaEBuy Coins Reward System at any time at its sole discretion and (ii) cancel or suspend a User’s right to participate in AsiaEBuy Coins Reward System, including the ability to earn and redeem AsiaEBuy Coins at its sole discretion.
10. Delivery
And Ownership Of The Goods
10.1 Seller
tries to ensure that all Products are delivered in a prompt and timely manner.
However, from time to time, it is possible that shipping and other factors out
of control may result in delays. AsiaEBuy does not accept any liability for
loss or damage suffered by anyone as a result of any such delays.
10.2 The
lead time listed on the Website is the estimated date of delivery by AsiaEBuy.
10.3 AsiaEBuy
will not deliver Products to PO Box addresses.
10.4 The
couriers or postal services nominated by AsiaEBuy will deliver Products during
local business hours.
10.5 AsiaEBuy
shall not be liable for any inaccuracy of information provided to Buyer.
10.6 AsiaEBuy reserves the right to not
ship to remote or rural locations.
11. Faulty
Or Damaged Goods
11.1 AsiaEBuy
will repair, replace or refund faulty or damaged Products. Please contact
AsiaEBuy Customer Service.
12. Refunds
And Returns
12.1 All
goods sold are not returnable except the product is not as described on Website
or an error was made processing the Order.
12.2 The
returned product(s) must be returned in their original packaging with all
accessories.
12.3 It
is the Buyer's responsibility to ensure that returned items are returned
safely. We take no responsibility for Products lost in transit.
13. Warranties
13.1 Standard
warranty for equipment (excluding accessories and consumables) sold on the
Website is covered by a 12 month from date of Invoice, unless otherwise
specified.
13.2 The
warranties do not apply to products that have been stored or assembled
incorrectly, used inappropriately, abused, misused, altered, or cleaned with
wrong cleaning methods or wrong cleaning products.
13.3 The
warranties do not cover normal wear and tear, cuts or scratches, or damage
caused by impacts or accidents.
13.4 The warranties do not cover
consequential or incidental damages.
13.5 Warranties are to the benefit of the original purchaser of the product. They are not transferable.
14. Liability
14.1 To
the extent permitted by law, AsiaEBuy will not be liable for any loss of
income, loss of profits, loss of contracts, loss of data or for any indirect or
consequential loss or damage of any kind howsoever arising and whether caused
by tort (including negligence), breach of contract or otherwise; and our
maximum aggregate liability for any Product supplied to Buyer whether in
contract, tort (including negligence) or otherwise shall in no circumstances
exceed the amount payable by Buyer to Seller in respect of the Product(s) in
question.
15. Intellectual Property
15.1 All
Intellectual Property in any Material on the Website is the property of
AsiaEBuy.
16. General
Provisions
16.1 AsiaEBuy
reserves all rights not expressly granted herein.
16.2 AsiaEBuy
may modify these Terms of Service at any time by posting the revised Terms of
Service on this Site. Your continued use of this Site after such changes have
been posted shall constitute your acceptance of such revised Terms of Service.
16.3 You
may not assign, sublicense or transfer any rights granted to you hereunder or
subcontract any of your obligations.
16.4 Nothing in these Terms
of Service shall constitute a partnership, joint venture or principal-agent
relationship between you and AsiaEBuy, nor does it authorise you to incur any
costs or liabilities on AsiaEBuy’s behalf.
16.5 The failure of
AsiaEBuy at any time or times to require performance of any provision hereof
shall in no manner affect its right at a later time to enforce the same unless
the same is waived in writing.
16.6 These Terms of Service
are solely for your and our benefit and are not for the benefit of any other
person or entity, except for AsiaEBuy's affiliates and subsidiaries (and each
of AsiaEBuy's and its affiliates' and subsidiaries' respective successors and
assigns).
16.7 The terms set forth in
these Terms of Service and any agreements and policies included or referred to
in these Terms of Service constitute the entire agreement and understanding of
the parties with respect to the Services and the Site and supersede any
previous agreement or understanding between the parties in relation to such
subject matter. The parties also hereby exclude all implied terms in fact. In
entering into the agreement formed by these Terms of Service, the parties have
not relied on any statement, representation, warranty, understanding,
undertaking, promise or assurance of any person other than as expressly set out
in these Terms of Service. Each party irrevocably and unconditionally waives
all claims, rights and remedies which but for this Section it might otherwise
have had in relation to any of the foregoing. These Terms of Service may not be
contradicted, explained or supplemented by evidence of any prior agreement, any
contemporaneous oral agreement or any consistent additional terms.
16.8 You agree to comply
with all applicable laws, statutes, regulations and codes relating to
anti-bribery and corruption including without limitation the UK Bribery Act,
the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption
Act and confirm that you have and shall have in place all policies and
procedures needed to ensure compliance with such requirements.
16.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: seller.my@asiaebuy.com .
LEGAL NOTICES: Please send all legal
notices to seller.my@asiaebuy.com and
Attention it to the “General Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO
ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY
CLICKING THE “SIGN UP” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM
CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT
AS IF I HAD SIGNED MY NAME MANUALLY.