Terms of Service

This Agreement was last updated on 3rd August 2021: changelog: added Rentals

1.1 Terms & Conditions and Policies of Use

1.1.1 The following Terms and Conditions and Policies as set out herein below governs the use of the website www.bizskit.com.my, its related websites and official apps (“the Site”) and services and/or functions offered as such (“ the Service”) all of which are owned and/or managed by BIZSKIT ECOMMERCE TECHNOLOGIES PLT (“the Company”) which have its registered address at JALAN BU 11/5, BANDAR UTAMA, PETALING JAYA, SELANGOR. These includes but is not limited to those Terms and Conditions and Policies incorporated by reference and/or implication. For the avoidance of doubt, Site and/or Service and/or other related Terms and Conditions and Policies shall include those from third party sites, affiliates and/or other related sites necessary for the smooth operation and provision of service by the Company, Site and/or Service.

 

1.1.2 This Terms and Conditions and Policies of Use shall constitute a Legal Agreement between you (the User) and BIZSKIT ECOMMERCE TECHNOLOGIES PLT (“the Company”) which have its registered address at JALAN BU 11/5, BANDAR UTAMA, PETALING JAYA, SELANGOR.

 

1.1.3 Please be informed that you are to read, understand and fully comply with and be bound by the following Terms and Conditions and Policies as it contains important information relating to your legal rights, obligations and liabilities. You as the User hereby acknowledge and agree that any decisions made by the Company, Site and/or Service shall be deemed final and conclusive.

 

1.1.4 These will also include those under you claiming authority, rights, powers, obligations, exclusions, responsibilities, assignments, agency, third parties, representatives, licensees, whether direct or indirect, express or otherwise.

 

1.1.5 You as the User (whether acting individually, as a business and/or company and/or group and/or on behalf and/or assignment and/or license) shall be hereinafter referred to as the User.

 

1.1.6 If you are representing a company, body corporate and/or other legal entity, you are to ensure that you are legally authorized to represent and/or act on behalf and that your company, body corporate and/or other legal entity is to similarly to read, understand and fully comply with and be bound by the following Terms and Conditions and Policies as it contains important information relating to your company, body corporate and/or other legal entity’s legal rights, obligations and liabilities. You as the User hereby acknowledge and agree that any decisions made by the Company, Site and/or Service shall be deemed final and conclusive.

 

1.1.7 By continuing to access and/or use any of the Site and/or Services provided for by this Site and/or any site/s related to us/our company/agents/affiliates/third party, you are deemed to have read and understood and agree to fully comply with and be fully bound by these Terms and Conditions and Policies without reservation. This will include but not limited to consent to processing and/or use of your personal data and/or information by the Company, Site and/or Service.

 

1.1.8 If you do not agree to any of these Terms and Conditions and Policies (whether in part or in full), you shall immediately cease to access and/or use our Site and/or our Service and all those that are related to Us/our Company/agents/affiliates/third party.

 

1.1.9 The Company, Site and/or Service reserves its full and unfettered right to change, amend, modify, add, alter, remove and/or vary any of the Terms and Conditions and Policies herein contained from time to time. Any such revision will be displayed on the website www.bizskit.com.my, its related websites and/or official apps (“the Site”) without reference or notice to User. Your continued access and/or use of the Site and/or Service shall be deemed as consent, agree to comply with and/or be fully bound by the amended Terms and Conditions and Policies. If you do not agree to any of these amended Terms and Conditions and Policies (whether in part or in full), you shall immediately cease to access and/or use our Site and/or our Service and/or all that are related to Us/our Company/agents/affiliates/third party.

 

1.1.10 The Company, Site and/or Service, in part and/or in whole, may be upgraded, altered, modified, suspended, removed and/or discontinued at any point in time without any reason and/or notice to the User. The Company, Site and/or Service shall not be responsible and/or liable, directly or otherwise, for any damage, cost, expense and/or loss, in any manner and/or form incurred, in connection and/or as a result of this. The User acknowledge and agree to at all times indemnify and keep indemnified the Company, Site and/or Service as a result of such.

 

2.1 A) The UserAny individual or body corporate and/or legal entity who access, browse, post, comment, suggest, transmit, transfer, query, upload, download, view and/or use the Site and/or Service, in part or otherwise, including but not limited to posting advertisement, listing and/or relying on such information and/or service offered on the site.The User warrants and represents, acknowledge and agree to use the Site and/or Service for himself/herself and STRICTLY NOT for and/or on behalf of anyone else, save and except where it is a Body Corporate and/or Legal Entity.
2.1 B) IndividualOur Site and/or Service is only available to be accessed and/or used by legally competent individual who is capable of entering into a legally binding agreement under Malaysian Law.In the event that a child or ward who have not attained the legal age is accessing and/or have accessed and/or use/d our Site and/or Service, then the User’s parent/guardian, both in personal capacity and on behalf of the minor/ward, agrees to read, understand and fully comply with and be bound by the following Terms and Conditions and Policies. It shall be deemed and construed that the User’s parent/guardian have entered into a binding contract as if the User’s parent/guardian have originally been the person entering into such agreement. This includes but not limited to all past actions, conduct and/or omission and accept all responsibilities, obligations and liabilities associated with such after having accessed and/or use/d the Site and/or Service.
2.1 C) Body Corporate and Legal EntityOur Site and/or Service is available to be accessed and/or used by legally competent Body Corporate and/or Legal Entity which is capable of entering into a legally binding agreement under Malaysian Law. Any person representing and/or acting on behalf, must have the necessary authority to do so and must similarly ensure that the Body Corporate and/or Legal Entity is in full adherence, compliance and be bound by our Terms and Conditions and Policies.
3.1 USE OF SITE AND/OR SERVICE
  1. The User is hereby granted a revocable, limited and non-transferable license to use the Site and/or Service subject to the Terms and Conditions and Policies herein contained. This use is subject to and limited to the lawful purpose of shopping and/or listing of goods, items and/or services. Breach or violation of any of the Terms and Conditions and/or Policies by the User will result in immediate revocation of the said license without any notice to the User.
  2. The User acknowledge and agree that any information, data and/or content accessible on the Site and/or Service shall only be used in accordance with Terms and Conditions and Policies herein contained and in accordance with the license hereby granted.
  3. The User acknowledge and agree that any information, data and/or content accessible on the Site and/or Service are representations made by other User and not by the Company, Site and/or Service. The User further acknowledge and agree that the Company, Site and/or Service is not to be held liable in manner or form and further indemnify and keep indemnified the Company, Site and/or Service against any losses, cost, expense and/or damage that the User may incur as a result of reliance on such information and/or content.
  4. The Company, Site and/or Service may from time to time, provide and/or require the User to register and/or subscribe to certain parts, feature and/or service in order to access and use the same. The User acknowledge and agree to provide accurate, current, truthful and complete information and/or to promptly update and change whenever applicable.
  5. The User acknowledge and agree to be solely responsible to maintain and secure the confidentiality of such information including but not limited to: log in identification, passwords, verification links and/or where applicable, banking information transaction and/or confidentiality.
  6. The User hereby agree and acknowledge to be solely and fully responsible and/or liable for its actions, conduct, activities and/or omissions, directly or otherwise, where information and/or content has been posted, downloaded, removed, added, copied, mirrored and/or uploaded directly from the User, its related account, device and/or electronic IP address and/or IMEI number and/or in any manner or form which can be attributed to the User.
  7. In the event the User, its related account and/or device, have reasonable cause or reason to believe and/or have been subjected to any illegal and/or unauthorized use and/or access by someone else and/or by any unauthorized electronic means other than by the User, the User shall immediately notify the Company, Site and/or Service. Notwithstanding the cause and/or reason, the Company, Site and/or Service shall not be responsible and/or liable, directly or otherwise, for any damage, theft, expense, cost and/or loss, in any manner and/or form incurred and/or suffered, in connection with and/or as a result of this. In such an event, the User hereby agree and acknowledge to be solely and fully responsible and/or liable for its actions, conduct, activities and/or omissions, directly or otherwise, and be fully bound to make the necessary corrections, including but not limited to, making good compensations, damages, loss and/or honouring any contractual obligations. The User acknowledge and agree to at all times indemnify and keep indemnified the Company, Site and/or Service against any manner or form of action by the User and/or other User/s as a result of such.

 

4.1 User Obligations and Responsibilities

4.1.1 User is fully responsible for the access and use of the Site and/or Service, including but not limited to its functions, service, network, components, data, information and/or content.

 

4.1.2 User shall access and use the Site and/or Service entirely at their own risk, including but not limited to its functions, service, network, components, data, information and/or content.

 

4.1.3 User shall access and use the Site and/or Service in compliance and adherence to the Terms and Conditions and Policies herein contained and/or other such Terms and Conditions and Policies, Guidelines and/or notices which may be added from time to time. (which is to be similarly incorporated by reference into this Agreement)

 

4.1.4 User shall access and use the Site and/or Service in compliance and adherence to all prevailing legislation for the time being in force in Malaysia.

 

4.1.5 User shall access and use the Site and/or Service ONLY for lawful purpose.

 

4.1.6 User (whether acting individually, group and/or on behalf) shall NOT, without limitation to the following, attempt to and/or commit any act to mirror, link, obtain, tamper, alter, modify, steal, hijack, harass, threaten, disrupt, impede, deny, disable, interfere, re-route, damage, shut-down, forge, spoof, steal, transfer, store, transfer, copy, post, submit, attack, reverse engineer, reprogram and/or the like which will and/or likely to disrupt, disable, impair and/or shut down the Site and/or Service.

 

4.1.7 User is to access and use the Site and/or Service only for himself/herself and not on behalf of any other third party, individual, Body Corporate and/or Legal entity, save and except where the User is legally authorized to access and use the Site and/or Service for and on behalf of his/her Company, Body Corporate and/or legal entity AND having requested and been granted such permission in advance by the Company, Site and/or Service.

 

4.1.8 Notwithstanding this, the creation of a User account by the User and subsequent approval of such account by the Company, Site and or Service shall not be taken, deemed and construed as acceptance of the User in any manner or form. The approval of such User account shall not and cannot be taken as, deemed and construed that the Company, Site and/or Service is to be bound and/or liable in any manner or form to provide continued access to the Site and/or Service and/or liability for any liability, expense, loss, cost , reparations, compensation and/or damages, whether to the User and/or to anyone and/or entity.

 

4.1.9 User represent and warrant that User and/or entity is legally competent, free, capable, unencumbered and/or in compliance with all laws to access and use the Site and/or Service. User further agrees and acknowledge to indemnify and keep indemnified and/or release the Company, Site and/or Service against any and all liability, damages, loss, cost, expense, reparations and/or compensation.

 

5.1 Strict Prohibition

5.1.1 The User is strictly prohibited to use the Site and/or Service including without limitation to list, advertise, introduce, offer for sale, mislead, misrepresent, impersonate, exhibit, convey, display, promote, expropriate, obtain by deceit and/or stealth, sell, upload, procure, give, receive, buy, obtain and/or the like manner, any such goods, items and/or services which is:

5.1.1a Illegal and/or proscribed goods / items / services;

5.1.1b Noxious, flammable, dangerous, toxic, radioactive, explosive, combustible, harmful, poisonous, offensive and/or like manner and/or category of goods / items/ services;

5.1.1c Personal data or groups of data and/or information and/or the like manner, which may contain, without limitation in part or in whole, containing personal names, Identification numbers, health records, bank account information, address, personal and/or private information, email address, phone number, social media account information, any form of account log in details ( which includes without limitation electronic, internet, any software and/or application), images, recordings, graphics and/or any material which can likely identify any person and/or entity of which such permission has not been expressly granted by the same person and/or entity;

5.1.1d Subjected to carriage and logistic restrictions by the authorities and/or any enforcement agency unless proven otherwise;

5.1.1e Likely to infringe and/or infringe third party intellectual property rights of the Company, Site and/or Service, User, entity and/or public at large; including but not limited to counterfeit and/or fake goods/items and/or services;

5.1.1f Likely to infringe and/or infringe privacy rights, publicity, contractual, licensee and/or third party rights of the Company, Site and/or Service, User, entity and/or public at large; including but not limited to counterfeit and/or fake goods/items and/or services;

5.1.1g Stolen goods, items and/or services;

5.1.1h Fraudulent goods, items and/or services;

5.1.1i Pornographic and/or obscene goods, items and/or services;

5.1.1j Subjected to privacy and/or confidentiality and/or non-disclosure agreements unless proven otherwise;

5.1.1k Subjected to territorial and/or national restrictions and/or embargo;

5.1.1l Likely to cause harm including but not limited to disturbance to public safety and/or public order, make or display defamatory statements, infringe on rights and/or privacy and/or goodwill of third party;

5.1.1m Likely to contain manual or electronic and/or computer programming code, scripts and/or device which will likely hijack, interfere, harass, threaten, ransom, transmit, distribute, post, submit, attack, forge or false route, re-route, damage, shut down, deny service, intercept, make surveillance, alter, spoil, steal, spoof, store, transfer, copy, obtain, disturb and/or expropriate data, information, money, system and/or personal information, intellectual rights, contractual, licensee, third party rights and/or privacy rights belonging to the Company/Site and/or User and/or third party and/or the Public at large;

5.1.1n Religious, political, racial, seditious and/or culturally sensitive and which will likely to create hate, persecution, criticism and/or violence if uploaded, spread and/or introduced;

5.1.1o Likely to create and/or creates controversy, harass, defame, slander, threaten, ransom, bad publicity, liability, loss, damage, unnecessary/ uninvited obligations and/or disturbance, in part or whole, to the Company, Site and/or Service, and/or to its other User/s, affiliates, suppliers, agents and the like which is related to the Company, Site and/or Service;

5.1.1p Any other goods, items and/or services which from time to time, will be added and/or decided at the sole discretion of the Company.

5.2.1 For the avoidance of doubt, prohibition of such goods / items / services shall include, without limitation, any such comments, statements, listings, word and/or group of words, images, recordings, graphics, drawings, caricatures, data, code, application and/or software.

 

6.1 Information and Content
6.1.1 Information and/or Content (Information) is to include but not limited to listing, advertisement, suggestions, description, content, commentary, posting, review, drawings, scripts, data, code, image, graphics, question, reply, photo, visual, recording and/or sound and/or voice recording.
6.1.2 The User hereby acknowledge and agree to grant to the Company, Site and/or Service a non-exclusive license to use the Information that has been made available, submitted, posted and/or uploaded by the User, directly or otherwise. The User further agrees and consent without reservation, to allow the Company, Site and/or Service to amend, alter, modify, delete and/or deal with in any manner or form as the Company, Site and/or Service sees fit and/or appropriate, any such information, data and/or content.
6.1.3 The User hereby agree and acknowledge to be solely and fully responsible and/or liable for its actions, conduct and/or omissions, directly or otherwise, where content has been posted and/or uploaded directly from the User, its related account, device and/or electronic IP address and/or IMEI number and/or in any manner or form which can be attributed to the actions of the User.
6.1.4 The User is fully responsible to provide accurate, current, truthful and complete Information to the Company, Site and/or Service including but not limited to Information related to listing, advertisement, reply to other User’s query and/or review. This also includes Information to be used for onward conveyance to other User, directly or otherwise, during and while accessing and using the Site and/or Service and/or any other related messaging platforms provided for and by the Company, Site and/or Service.

 

6.1.5 The User must ensure that information provided MUST NOT:
6.1.5a Be illegal, misleading, fraudulent, deceptive, inaccurate, impersonate another and/or false;
6.1.5b Breaches any existing laws currently in force;
6.1.5c Be political, racial, seditious and/or religious;
6.1.5d Be defamatory and/or seditious and/or likely to cause disturbance, hate and/or disrespectful to any religion and/or the Yang Di Pertuan Agong;
6.1.5e Be Prohibited Content and/or unverified content;
6.1.5f Contravene the Terms and Conditions and Policies herein contained;
6.1.5g Contravene any other prescribed list and/or items that may be, from time to time, be uploaded by the Company on Its Site

 

6.1.6 The Company, Site and/or Service may, at its sole discretion, but is not obliged to:

  1. track, monitor, censor, edit, remove and/or control any information and/or content on the Site and/or Service.
  2. Investigate, restrict, prevent, remove, bar and/or suspend any unauthorized use, illegal, violation and/or breach by any User of the Terms and Conditions and Policies herein contained

 

6.1.7 The Company, Site and/or Service reserves its right at any time to:

  1. Report any illegal and/or unauthorized use of the Site and/or Service to the relevant authorities and to fully cooperate with the relevant authorities to the fullest extent as may be required by law. In connection with this, the User is to fully comply, cooperate, adhere, furnish, surrender and /or make available any and/or all information, content and/or data to the Company and/or relevant authorities immediately when requested.

 

7.1 Removal of All or Part

7.1.1 The Company in its sole discretion and without any notice, reserve its full right to immediately delete, terminate, suspend, decline, remove, and/or ban any items, listing, advertisement, comment, data, graphics, text, visual, audio, recordings, Information and/or User from the Site and/or Service. In addition, the Company reserves it full right to determine whether it will provide any reason or otherwise. The User fully agrees and accepts that there will be no right to appeal and/or liability for compensation and/or damages forthcoming from the Company to the User.

7.1.2 The situations which may warrant the above may include but not limited to the following:

7.1.2a Violation of any Terms and Conditions and Policies contained herein;

7.1.2b Violation of the any of the above;

7.1.2c Use, reproduce, collect, compile, mirror, alter, modify, de-compile, reverse engineer, represent, adapt, transmit, and/or publish any part and/or all of the Site and/or Service for any commercial, personal and/or other purposes that is not expressly permissible by the Company, Site and/or Service;

7.1.2d Committed or likely to commit fraud, theft, breach of trust, attack, denial of service, prevent, stalk, harass, threaten, impersonate, mislead, misrepresent, defame, slander, recruit and/or any illegal act and/or unauthorized act against other User and/or the Company, Site and/or Service;

7.1.2e Result of complaint by other User of the Site and/or Service;

7.1.2f Violation of the Communications and Multimedia Act 1998 (CMA98) and/or the Content Code thereof;

7.1.2g Any request from relevant authorities;

7.1.2h Any other situation which the Company may decide to impose at its sole discretion.

 

8.1 INTELLECTUAL PROPERTY

8.1.1 The Company reserves all its rights without limitation to all intellectual property rights (registered or unregistered), copyright, content, information, items, data and/or materials that are accessible, appearing and/or available on its Site and/or Service. This includes but is not limited to website design, source code and/or software, photos, visual, recordings, text, video, data, logo, audio and/or graphics, in part or in full, arranged, edited and/or compiled. Further, and where applicable, these rights may be the property of the respective owners, our affiliates and/or third party. The entire content as available on the Site/Service are copyright protected as collective work under Malaysian copyright laws and international conventions.

8.1.2 The User and/or any party accessing and/or using the Site and/or Service is NOT to claim any right, title and/or interest therein.

8.1.3 The User hereby acknowledge, agree and accept to be fully bound to the fullest extent and that permission to download, print and/or use is ONLY for and specifically for the User’s personal and non-commercial use only. The User further agrees NOT to infringe the Company’s copyright in any manner, form and/or purpose. This includes storing in another media, electronic and/or print and/or written form.

8.1.4 Unless with the express and written consent of the company, the User is strictly barred and prohibited to obtain, copy, reverse engineer, decompile, separate, hyperlink, disassemble, republish, broadcast, frame, reproduce, incorporate, download, sell, display, assign, license, modify, publish, distribute, mirror, license, use, transmit, keep, derive, alter, compile and/or transfer any, part and/or all of it; in any manner and/or form, of the Site and/or Service. Further, where such written consent has been granted, the User acknowledge and agrees that the Company and/or the respective copyright owners retain all copyright and other proprietary notices contained therein.

8.1.5 Such information and/or content are to be used ONLY for the specific purpose permitted by the Company and the User expressly accepts, acknowledge and agrees to be bound to NOT use, exploit, adapt, sell, send, communicate, derive, alter, tamper, reproduce, mirror, trade, display, appropriate, translate, transmit, publish, collect, assign, license, keep, re-route , reproduce, linking, download, transfer, obtain, copy, download, hijack, make available to another, incorporate, compile and/or modify in part or in whole, in any manner or form, for any purpose other than as expressly permitted.

8.1.6 Unless expressly permitted in writing and/or by law, the User is NOT to discover, decompile and/or otherwise attempt to access and/or obtain the source codes and/or software belonging to the Company.

8.1.7 The User and/or anyone acting together, whether manually and/or electronically, is STRICTLY prohibited to attempt to and/or actively commission any such act/s that may result in the User and/or anyone else, obtaining the private and confidential information belonging to the Company, Site and/or Service. This may include, but not limited to, User database, banking information and/or shopping/browsing/location information that are deemed the property of the Company, Site and/or Service. Any such attempts will be immediately reported to the relevant authorities for criminal sanctions.

8.1.8 By accessing and using the Site and/or Service, the User unequivocally grants and assigns to the Company all copyright title and interests that appears in the listings and/or advertisements posted, submitted and/or uploaded to the Site by the User(“Assigned Works”). The User hereby warrants to the Company that the User is the copyright owner of the said Assigned Works and shall indemnify and/or keep indemnified the Company, Site and/or Service from any claims.

8.1.90 The Company, Site and/or Service reserves its right to add any form of marking and/or watermark (“Watermark”) on any photograph, visual, graphic, logo, text, content and/or recording that appears on its Site and/or Service. The Watermark must not be removed, modified, pasted over, tampered nor be altered in any manner or from.

8.1.91 Notice is hereby given that the Company reserves all its rights and will aggressively enforce its trade and intellectual property rights.

 

9.1 Domain Name

9.1.1 Notice is hereby given that the names of the website www.bizskit.com.my, its related websites and official apps (“the Site”) are solely owned and/or managed by BIZSKIT ECOMMERCE TECHNOLOGIES PLT (“the Company”) which have its registered address at JALAN BU 11/5, BANDAR UTAMA, PETALING JAYA, SELANGOR.

 

10.1 Trademark

10.1.1 www.bizskit.com.my and its logos are trademarks or registered trademarks of the Company.

10.1.2 Where it appears and/or are mentioned on the Site and/or Service, the other names, marks and logos may be the trademarks of their respective owners.

 

11.1 Privacy

11.1.1 The User acknowledge, accepts, agrees, submit and/or consent that the Company, Site and/or Service may and will track, monitor and/or log any and/or all of the User’s activities while accessing and/or using the Site and/or Service. Without limitation, these information may include preferences, activities and/or Internet Protocol address.

11.1.2 The User acknowledge, accepts, agrees, submit and/or consent that the Company, Site and/or Service to use such information collected to be surrendered to the relevant authorities and/or for the Company, Site and/or Service to diagnose, investigate, administer, improve and/or otherwise improve the Site and/or Service.

11.1.3 The User acknowledge, accepts, agrees, submit and/or consent that the Company, Site and/or Service that such information may be used by the Company, Site and/or Service, without limitation, for the purposes of customer relationship management, marketing and/or marketing/advertisement within and/or to parties related to the Company, Site and/or Service.

11.1.4 The User acknowledge, accepts, agrees, submit and/or consent that the Company, Site and/or Service that the Company, Site and/or Service, without limitation, may use cookies, trackers, crawlers, spiders, coding, file and/or the like to achieve the foregoing.

 

12.1 Cookies

12.1.1 The User acknowledge, accepts, agrees, submit and/or consent that the Company, Site and/or Service that the Company, Site and/or Service, without limitation, may use cookies, trackers, crawlers, spiders, coding, file and/or the like to ensure smooth and/or easy access, use and/or functionality of the Site and/or Service.

12.1.2 The User acknowledge, accepts, agrees, submit and/or consent to enable the use of cookies.

 

13.1 Email Address and User Account

13.1.1 The User is required to provide a valid email address to the Company, Site and/or Service in order to access and/or use any and/or part of the Site and/or Service.

 

13.1.2 It is the sole responsibility of the User to manage and keep secure the User’s account registered with the Company, Site and/or Service. The User shall be solely and personally liable for any loss as a result of any breach of the User account.

 

13.1.3 The User shall indemnify and keep indemnified the Company, Site and/or Service against any such claims as a result of any breach, loss, cost, expense, damages, compensation, liabilities and/or reparations in any manner or form, whether it is a result of the User’s action or omission and/or result of any external brute entry/hacking and/or unauthorized access of the Company’s, Site’s and/or Service’s private and confidential systems, information and databases.

 

14.1 Advertiser, Lister, Trader, Seller and/or Provider accounts

14.1.1 For those User who wishes to use the Site and/or Service to list and/or advertise their goods and/or service, full compliance of the relevant Malaysian laws is required and mandatory. It is the sole responsibility of the User to provide accurate, timely and full information to the Company, Site and/or Service. These includes but not limited:

  1. Name and/or registered business name/company;
  2. Business/Company registration number;
  3. Email address, telephone and address;
  4. Description of the goods or services;
  5. Full price which includes taxes, shipping and/or other costs;
  6. Payment method;
  7. Shipping method and delivery period;
  8. Any other terms and conditions including disclaimers (if applicable)

 

14.1.2 The User hereby expressly agrees and acknowledge that failure to disclose or provide the above details constitutes an offence under Malaysian laws.

 

14.1.3 The User hereby expressly agrees and acknowledge that by providing false, misleading and/or have reason to believe as such, is an offence under Malaysian laws.

 

14.1.4 The Company, Site, Service, partners and/or employees expressly states that it shall not be in any way held liable, contractually and/or criminally, for the failure of the User to provide accurate and timely information.

 

14.1.5 The Company, Site, Service, partners and/or employees expressly disclaims any responsibility and/or liability in any manner or form, to other User/s and/or other party/ies, directly or otherwise, intentional or otherwise, arising from the failure of the User to provide the required information. No claims shall be entertained in any manner or form by the Company, Site, Service, partners and/or employees. The User who fails to comply to provide the required information shall at all times indemnify and keep indemnified the Company, Site, Service, partners and/or employees against any and all claims against the Company, Site, Service, partners and/or employees.

14.1.6 The User and/or Seller expressly agrees to indemnify and keep indemnified the Company, Site and/or Service against any manner of actions, claims, losses and/or damages suffered and/or will be suffered.

15.1 Limitation
15.1.1 Any and/or all data, information and/or content available and as provided by the Company, Site and/or Service is strictly for information purposes only.
15.1.2 The Company, Site and/or Service may also allow for listings, advertisements, links to external sites and/or applications, affiliate programmes, third parties, agents, advertisers, other Users and/or the like manner – which all of the preceding is strictly for information purposes only (notwithstanding that the Company, Site and/or Service may or may not earn commission, payment, remuneration and/or any form of compensation from those person and/or entity)
15.1.3 The User is to exercise its own care and discretion. Reliance on, use and/or access is entirely at the User’s own risk.
15.1.4 The Site and/or Service shall be provided on an “as is” and “as available” basis. The Company does not provide any warranty, guarantee, claim and/or representation in any manner and/or form, on the availability, functionality, delivery, uninterrupted access, accuracy, free from mistake, incompetence, security, safety, free of harmful components, completeness, defect free, timely, efficiency and/or of any kind either express, implied and/or statutory, of the Site and/or Service. Notwithstanding these, the Company, Site and/or Service, at its sole and final discretion, may but is NOT obliged to ensure any correction and/or repair, in any manner or form, of the Site and/or Service in a timely manner and/or none at all.
15.1.5 The Company, Site and/or Service further does NOT warrant, guarantee, claim and/or represent in any manner and/or form, any of the products, information, goods, items, services, data and/or content displayed on the Site and/or Service, in regards its quality, availability, suitability, promise of profits, effectiveness, viability, free from mistake, incompetence, safety, fitness and/or merchantability for a particular purpose.
15.1.6 The Company, Site and/or Service further does NOT warrant, guarantee, claim and/or represent in any manner and/or form that there will not be any infringement of third-party rights and/or title.
15.1.7 The Company, Site and/or Service, including but not limited to its affiliates, providers, agents, assigns and/or third party, expressly states that it shall NOT be liable to the User for any loss, theft, reparation, compensation, expense, injuries, disabilities, death, cost and/or damage/s, in whatever manner or form, whether willfully or otherwise, negligent or otherwise, foreseeable or otherwise, directly or otherwise, howsoever and/or whatsoever caused, inflicted, incurred and/or suffered by the User and/or those claiming under the User. These shall include ALL time periods before, during and/or after using and accessing the Site and/or Service.15.1.8 The Company, Site and/or Service further does NOT warrant, guarantee, claim and/or represent in any manner and/or form and shall NOT be liable to the User the following circumstances where the User:

  1. relies, forward, download, trust, use and/or access any information, data and/or content available on the Site and/or Service including but not limited to links to external sites.
  2. relies, forward, download, trust, use and/or access any functions, service, network, and/or components including but not limited to links to external sites..
  3. Is unable to access, use, disabled, interrupted, denied, delayed, failed and/or otherwise compromised in any manner and/or form of the Site and/or Service, and/or to any other website or webpage linked to the site and/or service, including but not limited to links to external sites..

 

16.1 External links and site

16.1.1 The Site and/or Service may provide for hyperlinks to external website and/or content that may or may not be owned and/or affiliated to the Company. In the event the User is and/or might be directed to the aforementioned, the Company, Site and/or Service expressly disclaims ALL liability and/or responsibility. The Company, Site and/or Service EXPRESSLY STATES that it does not monitor, approve, endorse and/or verify the external website and/or content. The User is to exercise its own care and/or discretion. Reliance and/or use of such is entirely the risk and/or responsibility of the User. The User hereby expressly indemnifies and keep indemnified the Company, Site and/or Service against any manner of risks, actions, claims, losses and/or damages suffered by the User. The User hereby also expressly waives their right to take any action and/or claims, in any manner or form against the Company, Site and/or Service.

 

16.1.2 It shall be immaterial for the purpose of this section whether the Company, Site and/or Service receives any commission, payment and/or any manner of compensation or remuneration from such external website and/or provider.

 

17.1 Applicable Law and Jurisdiction

17.1.1 The User hereby acknowledge, accepts, agrees, submit and/or consent that the Terms and Conditions and Policies and/or this Agreement with the Company, Site and/or Service shall be interpreted and governed by the laws in Malaysia. The User further agrees and submit to the jurisdiction of the Courts of Malaysia.

 

18.1 Release of Liability and Confidentiality Clause

( Section 18.1 and 18.2 are to be read and construed jointly)

18.1.1 The User and its assigns hereby expressly releases the Company, Site, Service, partners, suppliers, employees, officers, servants, agents, affiliates, associated Companies/subsidiaries (if any) and/or any assigns to the fullest extent allowed by law against any suit, legal action, liability, claims, reparations, loss, damage/s, injury, disability, death, expense, cost, demands and/or compensation. The User and its assigns shall at all times indemnify and keep indemnified the Company, Site, Service, partners, employees, suppliers, other Users, agents, affiliates, associated Companies/subsidiaries (if any) and/or any assigns against any action arising out of the User’s reliance, use, access and/or transaction while using the Site and/or Service.

 

18.1.2 The User and its assigns hereby expressly releases the Company, Site, Service, partners, suppliers, employees, officers, servants, agents, affiliates, associated Companies/subsidiaries (if any) and/or any assigns to the fullest extent allowed by law against any suit, legal action, liability, claims, reparations, loss, damage, injury, disability, death, expense, cost, demands and/or compensation in situations where the User have a dispute claim/action against another User or more Users. The Company, Site and/or Service expressly and unconditionally waives any and all responsibility and the User hereby expressly accepts and consents and agrees to be bound by this at all times. The parties to the dispute shall resolve the matter between themselves conclusively and expressly agree and be bound that they are PROHIBITED to disclose any information and/or details related to the dispute to any third party who is unrelated to their dispute. Any such disclosure by any party shall be deemed to be a breach of this Agreement and Provisions and the Company, Site and/or Service reserves all its rights to enforce this Agreement and its Provisions in its entirety.

 

18.1.3 The parties to the dispute expressly agree that they are NOT to disclose, refer, mention or in any manner or form, infer the name the Company, Site and/or Service to any third party who is unrelated to their dispute. This Confidentiality clause shall be interpreted and construed to its strictest meaning and shall be taken to be an integral and non negotiable condition of the Terms and Condition of Use between the User and the Company, Site and/or Service. Any such disclosure by the User shall be deemed to be a breach of this Agreement and Provisions herein and the Company, Site and/or Service reserves all its rights to enforce this Agreement and its Provisions in its entirety. The Company, Site and/or Service reserves ALL its rights in regards the Confidentiality clause.

18.2 Disputes
18.2.1 The User hereby acknowledge, accepts, agrees, submit and/or consent that where any dispute arise, it shall first be referred to the Company, Site and/or Service for resolution. Any such resolution and/or decision made shall remain in confidence and private between the User and the Company, Site and/or Service and the User is strictly prohibited from disclosing any of the details to any third party. This Confidentiality clause shall be interpreted and construed to its strictest meaning and shall be taken to be an integral and non negotiable condition of the Terms and Condition of Use between the User and the Company, Site and/or Service. Any such disclosure by the User to any third party not privy to this Agreement/ Provisions and/or dispute, shall constitute, construed and be deemed as a breach of this Agreement and its Provisions. In such a situation, the Company, Site, Service and/or its employees reserves its rights to enforce this Agreement and Provisions in its entirety according to the laws of Malaysia. The Company, Site and/or Service reserves ALL its rights in regards the Confidentiality clause.
18.2.2 Where such claim and/or dispute is not able to be conclusively agreed between the User and the Company, Site and/or Service, any claim and/or dispute in connection, in relation and/or as a result of the access and/or use of the Site and/or Service, and/or Terms and Conditions and Policies and/or this Agreement with the Company, Site and/or Service, then the decision of the Company, Site and/or Service shall be deemed FINAL and CONCLUSIVE. This shall be communicated by email and shall be binding upon the party/ies to the dispute. There is no right of appeal. Without excluding the jurisdiction of the Courts of Malaysia, any subsequent action against the Company, Site, Service and/or its employees through the Courts of Malaysia by the User and its assigns, shall constitute, construed and/or deemed a breach of this Agreement and Provisions contained herein. In such a situation, the Company, Site, Service and/or its employees reserves its rights to enforce this Agreement and Provisions in its entirety according to the laws of Malaysia.
18.2.3 Without derogation of any of the foregoing provisions, the Company shall NOT be obliged in any manner whatsoever to the User/s to remedy anything nor perform anything nor pay any damages, losses, refund and/or compensation, save and except at the sole decision and discretion of the Company AND of which the maximum value that the Company shall consider is capped at the disputed amount OR Ringgit Malaysia ONE HUNDRED ONLY (RM100.00 ONLY) whichever is the lower amount AND any such payment (if any and subject to the aforementioned maximum cap) in whatever amount or manner shall NOT be construed as any admission of liability or wrongdoing by the Company. Upon such resolution and/or payment (if any) by the Company, Site and/or Service, the User shall be deemed to have dropped any and all claims against the Company, Site and/or Service.
18.2.4 Notwithstanding this, the Company reserves all its rights in entirety to protect its intellectual property rights and/or confidential information in law and/or other equitable relief.

 

19.1 Termination of Use and Access
19.1.1 The Company, Site and/or Service reserves all rights, at its sole discretion and/or without notice to the User, to immediately terminate, revoke, deny, suspend, bar and/or otherwise restrict any of the User’s rights granted, account, access and/or use of the Site and/or Service as provided for under these Terms and Conditions and Policies and/or any prevailing Malaysian laws. The User is to strictly comply and/or further, shall cease to access and/or use the Site and/or Service in part or in whole. Without derogation of any of the foregoing, the User shall honour all its obligations, liabilities and/or payment arising and/or arisen before the date of such suspension and/or termination.
19.1.2 The User further acknowledge, accepts, agrees, submit and/or consent that the Company, Site and/or Service shall not be liable to the User and/or to any such person, body corporate and/or legal entity, for such suspension and/or termination.
19.1.3 The User/s shall indemnify the Company, Site and/or Service and keep indemnified against any or all damages, losses, liabilities, obligations, responsibilities or theft/injuries/disability/death to the User/s or anyone claiming under him/her/them/Company and/or other Users, as a result of or otherwise, directly or otherwise, whether willfully or negligently or otherwise, while using the Site and/or Service and/or as a result of such account suspension and/or termination.
19.1.4 The Company, Site and/or Service reserves its full right to reject and/or refuse any listing submitted without assigning any reason.
19.1.5 The Company, Site and/or Service may at its full discretion and/or without assigning any reason, blacklist, block and/or otherwise refuse service to any User and/or Seller. Without limitation, these may include suspicions of unethical practices, fraud and/or illegal activity, regardless if it is real or otherwise, committed prior, current and/or likely to be committed.

 

20.1 Charges, Fees, Taxes, duties and other payments

20.1.10 The primary currency as listed on the Site and/or Service shall be denominated in RINGGIT MALAYSIA (RM). Any and/or all payments made shall be transacted using RINGGIT MALAYSIA (RM) to reach the Bank accounts and/or beneficiary accounts of Bizskit Ecommerce Technologies PLT, the Site and/or Service. The User shall bear any and/or all transaction charges imposed by the banks and/or payment gateways, including but not limited to, finance charges, foreign exchange charges, and/or any other charges, fees or payments imposed or likely to be imposed and which is necessary to facilitate the transfer of payment to Bizskit Ecommerce Technologies PLT, the Site and/or Service.

20.1.101 Bizskit Ecommerce Technologies PLT, the Site and/or Service currently utilises STRIPE payment gateway to process payments. The relevant fees charged by STRIPE can be viewed here and the User/ Buyer agrees to pay such total amount payable at the CHECKOUT page when utilising the services of STRIPE payment gateway to effect a purchase /transaction.

20.1.20 Bizskit Ecommerce Technologies PLT, the Site and/or Service currently utilises STRIPE payment gateway to process payments. The relevant fees charged by STRIPE can be viewed here and the Lister/Advertiser/Seller agrees to pay such fees if the Buyer/User utilises the STRIPE gateway to effect the transaction. The Lister/Seller/Advertiser agrees and authorises Bizskit Ecommerce Technologies PLT, the Site and/or Service to deduct the fees payable to STRIPE and remit any balance (subject to any other fees/charges/commissions payable to Bizskit Ecommerce Technologies PLT, the Site and/or Service) in accordance with the procedures outlined further below.

20.1.30 Where applicable, rounding up shall be to the NEXT HIGHER RINGGIT. For the avoidance of doubt, Order will not be placed and will not be fulfilled if this requirement is not satisfied. In such an event, Order will remain as “PENDING” status.

20.1.40 Where EXPRESSLY OTHERWISE STATED, it is the SOLE AND PRIMARY responsibility of the User and/or Buyer and/or Purchaser to bear ANY AND ALL relevant tax, taxes, levies, Customs duties, charges and/or the like charges/expenses/costs necessary for the clearance and/or receiving of the Goods and/or Services purchased and/or procured from ANY Seller/s listed on the Site and/or Service. Bizskit Ecommerce Technologies PLT, the Site and/or Service shall not be responsible nor shall be held liable for any delay, non receipt, additional charges/cost/expenses/liabilities and/or the like expenses incurred/imposed/ordered under ANY circumstance whatsoever and/or in any manner whatsoever incurred/imposed and/or ordered.

20.1.50 The use of the Site and/or Service by the Seller, Lister and/or Advertiser is subject to fees, subscriptions and/or charges where applicable. For the avoidance of doubt, listings and/or advertisements that specifically falls under the following categories are subject to subscriptions, listing fees, commissions and/or charges:

a) Property / Real Estate,

b) Automotive,

c) Motorbike,

d) Hotel Accommodation, Rentals for Short stay, Home stay, rooms and/or the like manner,

e) Restaurants and/or food delivery,

f) Rentals.

20.1.51 The relevant fees and/or charges imposed can be found on the respective sub section pages labelled ” Listing Pricing” pages and/or “Pricing Plan” pages. The said pages will outline among others, the available packages, duration of the packages and/or number of items/listings allowed, chargeable commission levied by the Company, Site and/or Service and any other relevant features and/or restrictions. It is the sole responsibility of the User/Seller/Lister and/or Advertiser to read, understand and agree to it before subscribing and/or making payment for the relevant package. Payment made for subscription are strictly non-refundable and/or shall not be suspended for any period of time and/or shall not be pro-rated in any manner or form. Bizskit Ecommerce Technologies PLT, the Site and/or Service is providing it on “as is” basis, without warranty and nothing shall be inferred as to the continuation, completeness, merchantibility, marketability and/or guarantees of any manner and/or form.

20.1.60 For selected categories, Bizskit Ecommerce Technologies PLT, the Site and/or Service may charge a commission/fee for any successful order/purchase/booking made through the use of the Site and/or Service by Users/Buyers. The relevant rate of commissions payable by the Lister/Advertiser /Seller is displayed on the “Listing Pricing” pages and/or “Pricing Plans” pages. By subscribing to the relevant package and/or making a successful listing on the Site and/or Service, the Lister/Advertiser/ Seller agrees unequivocally and unreservedly and also authorises Bizskit Ecommerce Technologies to collect payments on behalf to effect the transaction. Once the Order/booking/purchase has been made and paid by the User/Buyer, the Lister/Advertiser/Seller MUST honour the transaction to the User/Buyer and to provide such goods/service/item without reservation and as advertised,  without any variation/amendment/changes/postponement/derogation/reduction in quality, quantity, date and/or size and/or whatsoever manner that is different than as advertised/listed on this Site and/or Service.

20.1.61 Further, the Lister/Advertiser/Seller unequivocally and unreservedly authorises Bizskit Ecommerce Technologies PLT, the Site and/or Service to deduct and keep any relevant and applicable commission/fee/ charges/ taxes collectable and/or chargeable by Bizskit Ecommerce Technologies PLT, the Site and/or Service before remitting the nett balance to the Lister/Advertiser/Seller (subject to Withdrawal claim outlined below).

20.1.70 Subject to the Buyer/ User confirming receipt of goods/services in good order AND without claim for refund/exchange/dispute and/or complaint, it is the responsibility of the Lister /Advertiser/Seller to make a “Withdrawal Claim” after 30days of such confirmation by Buyer/User. A “Withdrawal Claim” can only be made for a minimum amount of RM50.00 or above. For the avoidance of doubt, the “Withdrawal Claim” shall be made AFTER 30days subject to the preceding AND on or before the 1st day of the following month. Any such withdrawal claims shall be subject to review and verification by Bizskit Ecommerce Technologies PLT, the Site and/or Service for confirmation and authentication. Subject to verification and approval process, any such withdrawal claims shall be released (less fees/charges/commissions/ amounts owing/ chargeback/refunds) on or after the 15th day of the following month.

20.1.80 Payment of Withdrawal Claims amount to be made to Lister/Advertiser/Seller will NOT be paid/banked in to any third party bank account. Bizskit Ecommerce Technologies PLT , the Site and/or Service will STRICTLY NOT  entertain any withdrawal claim for payment to staff, manager, agent and/or any other accounts other than to the registered company account. Bizskit Ecommerce Technologies PLT , the Site and/or Service reserves the right to request for further documents from the Lister/Seller/Advertiser for identification, verification, authentication and/or review before releasing any such payment claim. Failure to provide such documents will result in delay to the next month until such documents have been provided to Bizskit Ecommerce Technologies PLT, the Site and/or Service for due processing. Without the relevant, proper and verified documents, Bizskit Ecommerce Technologies PLT, the Site and/or Service reserves the right NOT to release any withdrawal claim until proven otherwise. It is the entire responsibility of the Lister/Seller/Advertiser to provide such documents in a timely and accurate manner.

20.1.801 Bizskit Ecommerce Technologies PLT, the Site and/or Service reserves all its rights to withhold any payment claims, in part or in full, for verification purposes and for any length of time it deems fit and reasonable. In such a circumstance, the Lister/Advertiser/Seller unreservedly releases and indemnifies Bizskit Ecommerce Technologies PLT, the Site and/or Service against any and/or all action, claims and/or charges in any manner or form.

20.1.90 All decisions made by Bizskit Ecommerce Technologies PLT, the Site and/or Service shall be at its sole discretion and will be deemed final, conclusive and binding.

21.1 Other Provisions
21.1.1 The User is to expressly and unequivocally comply with all laws of Malaysia, for the time being in force.
21.1.11 Products, goods and/or services listed on the Site and/or Service shall be on” while stocks last” basis. Seller is under no obligation at all to fulfill any order and/or transact with anyone.
21.1.12 In the event that payment has been made by User/Buyer and subsequently the Seller in unable to fulfil the Order, any payment made will be refunded within reasonable period of time subject to the User/Buyer submitting a claim to Bizskit Ecommerce Technologies PLT, the Site and/or Service for verification and processing. Any such claim for refund shall ONLY be for the amount that has been paid by the User/Buyer and will be remitted back to the originating account ONLY.  Bizskit Ecommerce Technologies PLT, the Site and/or Service will STRICTLY not entertain any other claim for any compensation, any action, losses and/or damages in such an instance. In the event that refunds of money paid by User/Buyer is subjected to additional charges and/or payment imposed by the Bank and/or payment gateway, such charges and/or payment shall be borne entirely by the User/Buyer.
21.1.2 If for any reason, any singular word, group or words and/or single sentence in this Agreement is to be held to be invalid or unenforceable, any such item shall be deemed struck out singularly and it is expressly stated here that it does NOT affect the rest of the provisions contained herein and its enforceability. It shall not affect any of the generality and the foregoing provisions.
21.1.3 Only the User can enforce any of the provisions contained herein and any other party or parties does not have any right whatsoever to enforce any of the provisions contained herein.
21.1.4 All rights are reserved by the Company, Site and/or Service. Any failure and/or omission to act by the Company, Site and/or Service against any breach shall not be deemed as waiving any of the rights of the Company, Site and/or Service against any subsequent and/or similar breaches.
21.1.5 The Company, Site and/or Service may at its discretion, assign this Agreement and/or its provisions to another party in the event of any merger or acquisition.
21.1.6 No other contractual relationship is to be created expressly or otherwise, intended or by inference except where expressly stated in this Agreement and/or Provisions contained herein.
21.1.7 Any headings, paragraph, bold and/or sections contained herein are for referencing purpose only and shall not be construed to limit, describe and/or define any of the sentences and/or provisions. Any such sentence and/or provisions shall be read in its entirety and its relevance to the enforceability of this whole Agreement and provisions contained herein.

 

21.1.8 The Language of the Company, Site and/or Service is ENGLISH. The Company, Site and/or Service may at its sole discretion, use electronic online multi language translators engines/plugins/extensions for the ease and benefit of the User according to location and/or User choice, AND where the meanings and/or translations conflict and/or contradict and/or the like manner, the primary ENGLISH version shall prevail.

 

21.1.9 Words in the singular shall import the plural and vice versa, unless where expressly stated. Words in one gender shall import the other and vice versa, unless where expressly stated.

22.1 Changes To This Agreement
22.1.1 We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions and Policies by posting the updated terms on this Site without any need for prior notice. Your continued use of this Site after any such changes constitutes your acceptance of the new Terms and Conditions.
23.1 Contact Us
23.1.1 If you have any questions about this Agreement and Policies, please contact us by filling this contact form

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