Terms and Conditions

TERMS AND CONDITIONS

TERMS OF USE

1. INTRODUCTION

1.1           Welcome to SHOPPYMORE.COM website, SHOPPYMORE mobile application and/or PWA (Progressive Web Application) (the “Platform”). These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “SHOPPYMORE Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://www.shoppymore.com/information-about-shoppymore/privacy-policy-en/. By accessing the Platform and/or using the Services, you agree to be bound by SHOPPYMORE Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to SHOPPYMORE Terms and Conditions and the Privacy Policy, do not access, and/or use this Platform and/or the Services.

 

1.2           The Terms of Use stated herein constitute a legal agreement between you and SHOPPYMORE Global Sdn. Bhd. (Company No.:202001014147), a company incorporated in Malaysia and having its registered address at Suite F-3-3, Setiawalk, Persiaran Wawasan, Pusat Bandar Puchong 47160 Selangor, Malaysia (“SHOPPYMORE”, “we”, “us” or “our”).

 

1.3           SHOPPYMORE reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or SHOPPYMORE Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

 

1.4           If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

 

2. USE OF THE PLATFORM AND/OR SERVICES

2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. 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 of Use shall result in the immediate revocation of the license granted herein without notice to you.

 

2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

 

2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform 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 unauthorized use of your password or account. SHOPPYMORE shall not be responsible or liable, directly, or indirectly, in any way for any loss or damage of any kind incurred because of, or in connection with, your failure to comply with this section.

 

 

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend, or discontinue the provision of or remove, whether

in whole or in part, the platform or any services and shall not be liable if any such upgrade, modification, suspension, or removal prevents you from accessing the platform or any part of the services.

 

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

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

b)    prevent or restrict access of any an authorised user to the Platform and/or the Services.

c)    report any activity it suspects to be in violation of any applicable law, statute, or regulation to the appropriate authorities and to co-operate with such authorities; and/or

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

 

2.6 Third Party Vendors: You acknowledge that parties other than SHOPPYMORE (i.e. Third-Party Vendors) list and sell Products on the Platform. Whether a Product is listed for sale on the Platform by SHOPPYMORE or a Third-Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered for the sale of a Third-Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third-Party Vendor and the Customer. You further acknowledge that Third Party Vendors may utilise paid services offered by SHOPPYMORE to occupy certain product listings slots within your search results on the Platform. Such Product listing may be accompanied by a "Third Party" logo.

 

 

3. USER SUBMISSIONS

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

 

4. TRADEMARKS AND COPYRIGHTS

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

 

4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title, or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5. OUR LIMITATION OF RESPONSIBILITY AND LIABILITY

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

 

5.2 Without limiting the foregoing, SHOPPYMORE does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

 

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

a)    any access use and/or inability to use the Platform or the Services.

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

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

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

5.4 Any risk of misunderstanding, error, damage, expense, or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable, therefore.

 

 

6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

 

7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use and/or other SHOPPYMORE Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

 

8. ARBITRATION

8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other SHOPPYMORE Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consist of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

 

8.2 Notwithstanding the foregoing, SHOPPYMORE reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

9. TERMINATION

9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other SHOPPYMORE Terms and Conditions. Upon any termination of these Terms of Use and/or other SHOPPYMORE Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. 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 SHOPPYMORE shall not be liable to you or to any other person because of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of SHOPPYMORE, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

 

9.2 IP Address. Upon expiration, cancellation or termination of this Agreement, Client shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to Client by SHOPPYMORE or its network services supplier (but not the URL or top level domain connected therewith). SHOPPYMORE reserves, in its sole discretion, the right to change or remove all such IP numbers, addresses or address blocks.

 

9.3 Client own the ownership of domain name that registered through SHOPPYMORE. You have the right to transfer the domain name to other services provider before 30 days of the domain expiration date or you may continue to renew the domain through SHOPPYMORE even though you cease the eCommerce plan subscription.

 

9.4 If a domain name expired and falls under suspension status, It can’t be renew. Unless a certain penalty fee to be paid for renewal.

 

9.5 Any customization functions or additional add on services that purchased for SHOPPYMORE Storefront eCommerce usage cannot be migrated out or request for refund when you stop your subscription with SHOPPYMORE service. *Exclude SSL Certificate.

 

TERMS AND CONDITIONS OF SALE

1. INTERPRETATION

1.1 IN THESE CONDITIONS:

ü  "Buyer" means the person who purchases Goods on the Platform.

ü  "Conditions" mean these Terms and Conditions of Sale.

ü  "Contract" means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller.

ü  "Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them.

ü  SHOPPYMORE” means SHOPPYMORE Global Sdn. Bhd. (Company No.: 202001014147), a company incorporated in Malaysia and having its registered address at Suite F-3-3 Setiawalk, Persiaran Wawasan 47160 Puchong Selangor.

ü  “SHOPPYMORE Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services.

ü  “Platform” means SHOPPYMORE.COM website , SHOPPYMORE mobile application and/or PWA (Progressive Web Application).

ü  “Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers and includes a Third-Party Vendor. SHOPPYMORE may also be a “Seller” for selected Goods.

ü  “Services” means the use of any services, information and functions made available by SHOPPYMORE at the Platform.

ü  “Third Party Vendor” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and excludes SHOPPYMORE; and

ü  "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 Any references to “SHOPPYMORE” in these Conditions refer to both SHOPPYMORE’S actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.

 

1.4 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 Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it SHOPPYMORE or a Third-Party Vendor, may be stated on the webpage listing such Goods and SHOPPYMORE allows you to self-build your own online webstore and at the same time you may sync products to marketplaces such as Lazada, Shopee, PrestoMall, Lelong, Qoo10 and more.

 

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by SHOPPYMORE and SHOPPYMORE has accepted the same, this shall constitute a Contract entered directly between the Buyer and SHOPPYMORE. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, SHOPPYMORE is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

 

2.3 Any information made available on the Platform in 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 or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

 

2.4 While the Seller endeavours to provide an accurate description of the Goods, neither SHOPPYMORE nor Seller warrants that such description is accurate, current, or free from error. If the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 8 of these Conditions shall apply.

 

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by SHOPPYMORE in its website shall be subject to correction without any liability on the part of SHOPPYMORE.

 

3. ORDERS AND SPECIFICATIONS

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. SHOPPYMORE shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which SHOPPYMORE shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

 

3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon SHOPPYMORE issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, SHOPPYMORE 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. SHOPPYMORE shall furthermore be entitled to require the Buyer to furnish SHOPPYMORE with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

 

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from SHOPPYMORE and on terms that the Buyer shall indemnify SHOPPYMORE 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 SHOPPYMORE as a result of the modification or cancellation, as the case may be.

 

4. PRICE

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to SHOPPYMORE in addition to the price, but it excludes the delivery charges.

 

4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which SHOPPYMORE shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.

 

 

5. TERMS OF PAYMENT

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to SHOPPYMORE, either accepting payment or as Seller’s agent (where Seller is a Third-Party Vendor). Buyers acknowledge that SHOPPYMORE is entitled to collect payments from Buyer on behalf of Third-Party Vendors.

 

5.2 The terms and conditions applicable to each type of payment, as prescribed by SHOPPYMORE on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

 

5.2.1 Credit Card

Credit card payment option is available for all Buyers. SHOPPYMORE accepts all Visa and Mastercard’s credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers is protected by industry leading encryption standards.

 

Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

 

5.2.2 Debit Cards

SHOPPYMORE accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

 

5.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a SHOPPYMORE account (including any applicable taxes, fees, and shipping costs). The transaction must be payable in Ringgit Malaysia. SHOPPYMORE, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

 

5.2.4 Instalment Payments via Credit Card

i. Only Buyers making payment for Goods by means of a credit card issued by any participating banks or any other instalment payment partner banks which we may inform from time to time shall be entitled to participate in the six (6) months and twelve (12) months instalment payment plan, as provided below (“Entitled Buyer(s)”).

 

ii. Entitled Buyers making minimum purchases of RM500 shall be entitled to apply to make payment for the Goods by means of the six (6) months Easy Pay Instalment Scheme whereas Entitled Buyers making minimum purchases of RM1,000 shall be entitled to apply to make payment for the Goods by means of the twelve (12) months Easy Pay Instalment Scheme, subject to a maximum purchase value of RM50,000.

 

iii. For purposes of this sub-Clause, the instalment payment plan set out above shall collectively be referred to as “Credit Card Instalments”.

 

iv. 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.

 

v. 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.

 

vi. When entering a credit card transaction for the purchase of Goods via Credit Card Instalments, DCR’s name shall be shown as the selling merchant in the Entitled Buyer’s credit card statement.

 

vii. When an Entitled Buyer makes an application to SHOPPYMORE for the payment of Goods via Credit Card Instalments and upon approval of the application by DCR, as provided above, the Buyer’s bank will debit the Entitled Buyer’s credit card account with the instalment payable monthly, 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 monthly as repayment of each instalment amount is made monthly.

 

viii. Each Credit Card Instalments may be charged a processing fee prescribed 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.

 

ix. If the Entitled Buyer decides to cancel his/her orders twenty-four (24) hours after the relevant order has been confirmed and prior to shipment, SHOPPYMORE 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.

 

x. 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.

 

xi. When the Entitled Buyer chooses to make payment for purchase of Goods via Credit Card Instalments, SHOPPYMORE’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.

 

5.2.5 Cash on Delivery

Cash on Delivery (pay cash upon delivery) is available within the region of Klang Valley, Penang and Johor Bahru with a fee as may be prescribed by SHOPPYMORE for each order. SHOPPYMORE reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.

 

5.3 Buyer may not claim against Seller or any of its agents (which may include SHOPPYMORE), for any failure, disruption, or error in connection with the Buyer’s chosen payment method. SHOPPYMORE reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

 

5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:

 

5.4.1 Cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or

 

5.4.2 Charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

 

5.5 All refunds shall be made via the SHOPPYMORE virtual payment account ("SHOPPYMORE Payment Account"). SHOPPYMORE offers no guarantee of any nature for the timeliness of the refunds reaching the SHOPPYMORE Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by SHOPPYMORE. All refunds are conditional upon SHOPPYMORE’S acceptance of a valid return of the Goods. SHOPPYMORE reserve the right to modify the mechanism of processing refunds at any time without notice.

 

5.6 All payments for the purchased Goods must be made to SHOPPYMORE using the payment methods made available on the Platform only. SHOPPYMORE shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

 

6. DELIVERY/PERFORMANCE

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

 

6.2 SHOPPYMORE 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 and delays may occur. The time for delivery/performance shall not be of the essence, and SHOPPYMORE shall not be liable for any delay in delivery or performance howsoever caused.

 

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to SHOPPYMORE, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If SHOPPYMORE fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

 

6.5 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify SHOPPYMORE of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as SHOPPYMORE'S fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. SHOPPYMORE shall be entitled at any time to demand the Buyer to deliver up the Goods to SHOPPYMORE and in the event of non-compliance SHOPPYMORE reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

 

6.6 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 Seller's fault) then without prejudice to any other right or remedy available to SHOPPYMORE, SHOPPYMORE may:

 

6.6.1 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

 

6.6.2 Terminate the Contract and claim damages.

 

7. DELIVERY OF GOODS

7.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

 

7.2 SHOPPYMORE 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.

 

7.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and SHOPPYMORE shall not be liable for any delay in delivery or performance howsoever caused.

 

7.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to SHOPPYMORE, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If SHOPPYMORE fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

 

7.5 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 7.4 above, Buyer shall immediately notify SHOPPYMORE of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as SHOPPYMORE fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. SHOPPYMORE shall be entitled at any time to demand the Buyer to deliver up the Goods to SHOPPYMORE and in the event of non-compliance SHOPPYMORE reserves its right to take legal action against the Buyer for the delivery of 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 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 Seller's fault) then without prejudice to any other right or remedy available to SHOPPYMORE, SHOPPYMORE may:

 

7.6.1 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

 

7.6.2 Terminate the Contract and claim damages.

 

8. Return, Refund and Replacement of Goods.

8.1 All Goods sold on the Platform is covered under the SHOPPYMORE 7 Days or 14 Days return policy depending on the Goods sold (“Return Policy”).

Buyer may initiate the returns process by communication with SHOPPYMORE support team or seller through the platform. The indicator of the Return Policy for each good can be found on the goods product page.

 

8.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to SHOPPYMORE or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to SHOPPYMORE or Seller within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact SHOPPYMORE or Seller within 48 hours of receiving the delivery to expedite the claim process.

 

8.3 Buyer may only apply for return of the purchased Goods in the following circumstances:

8.3.1 The Goods delivered to Buyer is defective and/or damaged on delivery.

8.3.2 The Goods, fashion items, which does not fit (not applicable for fashion items from overseas Sellers).

8.3.3 The Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods.

8.3.4 The Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order.

8.3.5 Buyer has a change of mind regarding the Goods: and

8.3.6 Such other circumstances which may be prescribed by SHOPPYMORE on the Platform.

 

8.4 Notwithstanding Clause 8.3 above, milk formula products are returnable except for "change of mind" request. Buyer is to ensure that product is not opened, as otherwise it will not be accepted for return.

 

8.5 Notwithstanding Clause 8.3 above, return or cancellations of any perishable goods are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.

 

8.6 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by SHOPPYMORE on the Platform. Please see Help Centre for further details.

 

8.7 Questions and complaints with regards to returns

 

8.7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact SHOPPYMORE using the “Contact Us” page on the Platform, as applicable.

 

8.7.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, SHOPPYMORE reserves the right to suggest and implement an appropriate resolution at its sole discretion.

 

9 RISK AND PROPERTY OF THE GOODS

9.1 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 SHOPPYMORE has tendered delivery of the Goods.

 

9.2 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 SHOPPYMORE 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 Seller to the Buyer for which payment is then due.

 

9.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as SHOPPYMORE'S fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

 

9.4 The Buyer agrees with SHOPPYMORE that the Buyer shall immediately notify SHOPPYMORE of any matter from time to time affecting SHOPPYMORE title to the Goods and the Buyer shall provide SHOPPYMORE with any information relating to the Goods as SHOPPYMORE may require from time to time.

 

9.5 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), SHOPPYMORE shall be entitled at any time to demand the Buyer to deliver up the Goods to SHOPPYMORE and in the event of non-compliance SHOPPYMORE reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

 

9.6 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 SHOPPYMORE but if the Buyer does so all moneys owing by the Buyer to SHOPPYMORE shall (without prejudice to any other right or remedy of SHOPPYMORE) forthwith become due and payable.

 

9.7 If the provisions in this Clause 9 of these Conditions 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.

 

9.8 The Buyer shall indemnify SHOPPYMORE against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of SHOPPYMORE rights under this condition.

 

10 TERMINATION

10.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to SHOPPYMORE through our Contact Us page at contact/. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 8 of these Conditions.

 

10.2 Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or SHOPPYMORE acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:

 

10.2.1 The Goods under the Contract being unavailable for any reason; and/or

 

10.2.2 The Goods under the Contract has been mispriced on the Platform.

 

11 WARRANTIES AND REMEDIES

11.1 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.

 

11.2 Subject to this Clause 11 of these Conditions, SHOPPYMORE 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), SHOPPYMORE further gives to the Buyer such implied warranties as cannot be excluded by law.

 

 

 

11.3 SHOPPYMORE above warranty concerning the Goods is given subject to the following conditions:

 

11.3.1 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 SHOPPYMORE.

 

11.3.2 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.

 

11.3.3 SHOPPYMORE binds itself only to deliver Goods in accordance with the general description under which they were sold, whether any special or description shall have been given or shall be implied by law. Any such special or description shall be taken only as the expression of SHOPPYMORE'S opinion in that behalf. SHOPPYMORE is not liable for any such special or description which may have been provided by Third Party Vendors through the chat system. SHOPPYMORE does not give any warranty as to the quality state condition or fitness of the Goods.

 

11.3.4 SHOPPYMORE 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 defects, alteration of the Goods without the prior agreement of SHOPPYMORE, addition and insertion of parts, in particular of spare parts which do not come from SHOPPYMORE.

 

11.3.5 SHOPPYMORE 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 SHOPPYMORE 'S instructions (whether oral or in writing) misuse or alteration or repair of the Goods without SHOPPYMORE 'S approval.

 

11.3.6 SHOPPYMORE 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 SHOPPYMORE’S prior written approval and the Buyer shall indemnify SHOPPYMORE against each loss liability and cost arising out of such claims.

 

11.3.7 SHOPPYMORE 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.

 

11.3.8 SHOPPYMORE shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

 

11.4 Where there is any defect in the quality or condition of the Goods or where the

Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to SHOPPYMORE or Seller in exchange for a replacement or a refund in accordance with SHOPPYMORE’S Return Policy and Clause 8 of these Conditions above.

 

11.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 8 of these Conditions above, a Buyer may request for a repair of such Goods. SHOPPYMORE and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon SHOPPYMORE’S or Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 8 of these Conditions above once SHOPPYMORE or Seller has accepted such request.

 

11.6 Where the Goods have not been repaired 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, SHOPPYMORE may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.

 

11.7 When SHOPPYMORE or Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of SHOPPYMORE or Seller.

 

12 LIABILITY

12.1 In no event shall SHOPPYMORE 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 if SHOPPYMORE had been advised by the Buyer of the possibility of incurring the same.

12.2 The remedies set out in Clause 11 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and SHOPPYMORE’S liability for the same shall be limited in the manner specified in Clause 11 of these Conditions .

 

12.3 Notwithstanding any other provision of these Conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.

 

12.4 If several events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

 

12.5 No action shall be brought against SHOPPYMORE 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. GENERALS

13.1 Neither SHOPPYMORE nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond SHOPPYMORE 's or Seller’s reasonable control.

 

13.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to SHOPPYMORE, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.

 

13.3 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce 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.

 

13.4 No waiver by SHOPPYMORE 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. Further, SHOPPYMORE’S failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

 

13.5 If any provision of these Conditions is held by any competent authority to be illegal, 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.

 

13.6 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the 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 Clause 3.3 of these Conditions.

 

13.7 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.

 

13.8 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination, or invalidity thereof, prior to bringing a claim against SHOPPYMORE. Any such actions brought against SHOPPYMORE for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

 

13.9 Notwithstanding Clause 13.2 above, SHOPPYMORE shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

 

13.10 SHOPPYMORE may, through the Platform or by such other method of notification as SHOPPYMORE may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date SHOPPYMORE specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms &amp, Conditions of Sale.

 

13.11 Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

 

13.12 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.

 

13.13 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications, and agreements with respect to the subject matter hereof.

 

13.14 SHOPPYMORE reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as SHOPPYMORE deems appropriate.

 

 

30. OFFLINE TOWARDS ONLINE (“OTO”)

 

Terms and Conditions of Offline towards Online (OTO) Arrangement

 

30.1 Interpretation In these Conditions:

 

ü  "Buyer" or “Customer” means the person who purchases Goods using an OTO arrangement.

 

ü  "Conditions" mean these Terms and Conditions of Offline towards Online Arrangement.

 

ü  "Contract" means the contract formed when Seller accepted the order placed by Buyer for the purchase of Goods and/or services sold by Seller under an OTO Arrangement.

 

ü  “Goods” means the goods made available for sale by Seller via the OTO Arrangement.

 

ü  Shoppymore” means Shoppymore Global Sdn. Bhd. (Company No.: 983365-K), a company incorporated in Malaysia and having its registered address at Suite F3-3-3, Setiawalk, Persiaran Wawasan, Pusat Bandar Puchong, 47160 Puchong Selangor.

 

ü  Shoppymore Terms and Conditions” means these Conditions and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services.

 

ü  “Platform” means the azada.com.my website and/or the Shoppymore mobile app.

 

ü  “Seller” means a third-party seller which sells Goods and/or services to Buyer under an OTO Arrangement.

 

ü  “Services” means the use of any services, information and functions made available by Shoppymore at the Platform.

 

ü  “Writing” includes electronic mail, facsimile transmission, and any comparable means of communication.

 

30.2 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

 

 

 

 

31. Basis of the Contract

 

31.1 OTO arrangement: The OTO arrangement enables Customers to visit any of the participating physical stores managed by a Seller, scan a QR code, make a purchase and pay for the purchase using Shoppymore mobile app and Shoppymore wallet (SW) operated I-Pay payment services (“Shoppymore Wallet”). Customers will then collect the Goods and/or consume services from the Sellers at the participating physical stores.

 

31.2 The sales and purchase contract (“Contract”) is entered into directly between the Buyer and Seller. Shoppymore is not a party to any Contract between the Buyer and Seller and accepts no obligations in connection with any such Contract.

 

31.3 Seller shall be fully responsible for Goods and/or services offered and/or sold to Customers and related enquiries, complaints, and liability. Shoppymore shall not be liable to Customers for any claim that Goods and/or service is not collected or delivered, or is otherwise defective, unsatisfactory, or does not meet legal or other requirements.

 

32. Orders

 

32.1 All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract. The Buyer shall be responsible for ensuring the accuracy of the price entered on the Platform.

 

33. Price and Payment

 

33.1 The price of the Goods and/or services to be charged by Seller shall be the price stated in the physical store at the time which the Buyer completes the payment process on the Platform. Buyer shall ensure that the right price (including all applicable consumption tax e.g. Sales and Services Tax) is keyed onto the Platform.

 

33.2 Under an OTO Arrangement, a Buyer shall make payment for the Goods and/or services using Shoppymore Wallet on the Platform upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Shoppymore, as Seller’s agent. Buyer acknowledges that Shoppymore is entitled to collect payments from Buyer on behalf of Seller.

 

33.3 The terms and conditions applicable to payment via Shoppymore Wallet, as prescribed by Shoppymore on the Platform, shall be applicable.

 

34. Delivery

 

34.1 Delivery of the Goods and/or services shall be made by the Seller to the Buyer.

 

34.2 Seller shall be fully responsible for the Goods and/or services offered and/or sold to Customers and related enquiries, complaints, and liabilities, including in relation to delivery of Goods and/or services.

 

35. Return, Refund and Replacement of Goods and/or Services

 

35.1 Seller shall deal directly with, and be responsible to, Customers on matters relating to return, refund, replacement, and cancellation of Goods and/or services. The return and/or exchange of any damaged or defective Goods and/or services (where applicable) shall be managed according to the Seller’s store policy in force from time to time.

 

35.2 Shoppymore will not be required to process any refund to Customers, and such refund requirements shall be settled between Seller and Customers.

 

35.3 If a Customer had made excess payment via Shoppymore Wallet and notifies Shoppymore within two (2) days of such payment, Shoppymore shall process the refund of excess payment to such Customer. In the event of shortfall in payment, Customer shall make another payment via Shoppymore Wallet to pay for the shortfall.

 

 

 

36. Risk and property of the Goods and/or services

 

36.1 Risk of damage to or loss of the Goods and/or services shall pass to the Buyer at the time of delivery.

 

36.2 Notwithstanding delivery and the passing of risk in the Goods any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Shoppymore has received payment in full.

 

36.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Shoppymore’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

 

37. Warranties and Liabilities

 

37.1 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.

 

37.2 Shoppymore is not liable for any loss, damage or liability of any kind suffered by Buyer or any third party directly or indirectly caused by the Goods and/or services, and the Buyer shall indemnify Shoppymore against each loss, liability and cost arising out of such claims.

 

37.3 In no event shall Shoppymore 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 if Shoppymore had been advised by the Buyer of the possibility of incurring the same.

 

38. General

 

38.1 Neither Shoppymore nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Shoppymore’s or Seller’s reasonable control.

 

38.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Shoppymore, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the Customer account information with Shoppymore.

 

38.3 No waiver by Shoppymore 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. Further, Shoppymore’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

 

38.4 If any provision of these Conditions is held by any competent authority to be illegal, 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.

 

 

38.5 The Conditions shall be governed by the laws of Malaysia.

 

38.6 Buyer must exhaust all legal avenues against Seller should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination, or invalidity thereof, prior to bringing a claim against Shoppymore. Any such actions brought against Shoppymore for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties. Notwithstanding the above, Shoppymore shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

 

38.7 Shoppymore may, through the Platform or by such other method of notification as Shoppymore may designate, vary the terms and conditions of these Conditions, such variation to take effect on the date Shoppymore specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Conditions.

 

38.9 These Conditions, and Shoppymore Terms and Conditions, shall constitute the entire agreement between Buyer and Shoppymore relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

 

39.9 Shoppymore reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Shoppymore deems appropriate.

 

42. PLATFORM ENGAGEMENT TOOLS

 

42.1 Acceptance of Terms and Conditions

 

42.1.1. The following Platform Engagement Tools Terms & Conditions (the “Platform Terms”) govern the use of the platform engagement tools and other related services (collectively, the “Tools” and, each a “Tool”) provided by Shoppymore Global Sdn. Bhd. (“Shoppymore”) on Shoppymore’s websites and/or mobile applications (the “Platform”).

 

42.1.2. By using any of the Tools, you are agreeing to be bound by these Platform Terms as a User (as defined below). These Platform Terms are in addition to the Terms of Use and the Terms & Conditions of Sale, Shoppymore Wallet Terms, which shall continue to govern your use of the Platform and which are hereby incorporated by reference into these Platform Terms. Unless otherwise defined, the definitions and provisions in respect of interpretation in the Terms of Use will apply to these Platform Terms.

 

42.1.3. The use of the Tools may be subject to additional terms (“Additional Terms”) that Shoppymore may prescribe from time to time. In relation to any Tool, the Additional Terms that govern the use of such Tool shall be made accessible via such Tool. If you do not agree to any of the Additional Terms, you should discontinue your use of the Tools that are subject to those Additional Terms.

 

42.1.4. In the case of any inconsistency or conflict between any documents referred to in these Platform Terms that is not expressly resolved in those documents, such inconsistency or conflict will be resolved in the following order of descending priority: the relevant Additional Terms, the Platform Terms, the Terms of Use and the Terms & Conditions of Sale.

 

 

43. Tools Conditions

 

43.2.1. The Tools are offered solely for the purpose of a User’s personal entertainment and benefit. The use of the Tools for business or commercial purposes is strictly prohibited.

 

43.2.2. Shoppymore may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend, discontinue the provision of, or remove any of the Tools, and Shoppymore shall not be liable if any such upgrade, modification, suspension, discontinuation or removal affects your use of the Platform or prevents you from accessing any of the Tools.

 

43.2.3. A “User” means a Customer who has installed the Shoppymore mobile app and registered for a customer account on the Platform. The use of certain Tools may be subject to additional terms of eligibility, which shall be prescribed by Shoppymore in its sole discretion; such additional terms of eligibility would be set out in the relevant Additional Terms.

 

43.2.4. Users shall be prohibited from running the Tools (including all individual mobile application page interfaces) with programs other than the relevant Shoppymore client program provided by Shoppymore. Examples of prohibited programs include, without limitation, automated bots and other tools meant to replace or supplement the relevant Shoppymore client program provided by Shoppymore, as well as scripts and completely or partially automated programs that provide any User with any advantage over other Users by enabling, for example, auto-refresh functions and other integrated browser mechanisms that use or concern automated procedures for using the Tools.

 

43.2.5. Users are, under no circumstances, permitted to do any of the following:

 

(i) create, exploit, or use bugs, cheats, mods and/or hacks, or any other third-party software products that may change the result, function, or gameplay of the Tools.

 

(ii) use software that allows the mining or scraping of data or otherwise intercepts or collects information in connection with the Tools.

 

(iii) use any deals (including, without limitation, virtual items such as Shoppymore deal, platform, or brands vouchers) acquired via the Tools for any purpose other than the purchase of Products on the Platform; and

 

(iv) sell, buy, or trade customer accounts on the Platform,

 

and the foregoing shall include all circumventions, similar actions or actions that produce an effect that matches the prohibitions.

 

44. Warranties and Liability

 

44.1. Shoppymore offers the Tools within the context of its technical and operational capabilities.

 

44.2. Unless expressly set out in these Platform Terms or the relevant Additional Terms, to the fullest extent permitted by law, neither Shoppymore nor any of its service providers or affiliates makes any warranty (whether express or implied), representation or undertaking about the Tools (including, without limitation, their accuracy, availability and reliability), any software or hardware used with the Tools, any application or feature accessed by a User using the Tools, or the reliability or quality of the underlying telecommunications network accessed by such User using the Tools.

 

44.3. The Tools are provided on an ‘as is’ and ‘as available’ basis, and their availability is subject to the availability, functionality and reliability of resources used to provide the Tools (including, without limitation, the Platform, Shoppymore’s systems and the relevant third party tools), downtime and lack of availability (whether for technical reasons, required maintenance work, or otherwise), as well as events, circumstances or causes beyond Shoppymore's reasonable control.

 

44.4. To the fullest extent permitted by law, Shoppymore shall not be responsible to any User for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or relating to such User's use of, or inability to use, the Tools (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Platform Terms, (ii) any alleged unauthorised transactions, disruptions, errors, defects or unavailability of the Tools, and (iii) any loss of data or damage to any software or hardware used by such User to access the Tools.

 

 

 

45. Content Restrictions

 

45.1. The Tools include various content, imagery, media, and graphics that are protected by trademarks, copyrights, or other means for the benefit of Shoppymore or third parties.

 

46. Platform Terms

Unless explicitly permitted by these Platform Terms, or otherwise agreed in writing by Shoppymore, no User or any third party may edit, copy, distribute, publicly reproduce or use any Tool for any purpose other than the purpose of these Platform Terms.

 

47. Liabilities under Platform Terms

In the event that any Liabilities are not excluded under of these Platform Terms, to the fullest extent permitted by law, Shoppymore’s maximum aggregate liability to any User in respect of such Liabilities, whether under all applicable laws of contract, tort or otherwise, shall be limited to RM150.

 

48. Copyright Information

Copyright information and brand names may not be changed, hidden, or removed. The term “content” includes all and any data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and any other information provided or developed by Shoppymore, and any such services available for download.

 

49. Required to Abstain

Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of the Platform, the Tools or any individual services or functions on the Platform. Users are also required to abstain from any measure which may allow unauthorised access to data.

 

 

 

 

 

50. User’s Obligations

 

50.1. Each User acknowledges and agrees:

 

(i) to comply with all applicable laws and regulations when using the Tools.

 

(ii) to comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines, as well as third party terms of sharing channels that a User may use to invite others to use the Tools) that apply to the use of the Tools used by such User;

 

(iii) to be responsible for all information that is communicated, submitted or transmitted, whether to Shoppymore or third parties, from such User's account or device in the course of such User’s use of the Tools.

 

(iv) not to use the Tools or permit the use of the Tools in any manner which may adversely affect other Customers' or Users’ use of the Tools or the goodwill or reputation of Shoppymore or the Shoppymore group of companies; and

 

(v) to be responsible for complying with these Platform Terms.

 

50.2. Where Shoppymore, in its sole discretion, discovers or suspects that a User has breached any of these Platform Terms or the relevant Additional Terms, Shoppymore may take all such steps and remedies as it deems appropriate. Such steps include, without limitation:

 

(i) to investigate such User's account.

 

(ii) to prevent, restrict or suspend the access of such User to the Tools (or any part thereof) or the Platform.

 

(iii) to report any activity, it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.

 

(iv) to forfeit any rewards which a User may have received due to the User’s use of the Tools; and

 

(v) to cancel any Orders placed during a User’s use of the Tools.

 

51. Data Collected by Shoppymore

 

51.1. Shoppymore may collect information from the Users during their use of the Tools. Such information may include personal information such as photographs, names, and usernames that a User may upload, provide, or use.

 

51.2. Any personal information that Shoppymore collects may be used by it, or shared with or transferred to third parties (including related companies, third party service providers, and other Users), for any or all of the following purposes:

 

(i) to display on scoreboards on the Platform (as defined in the Terms of Use) in relation to the Tools.

 

(ii) to facilitate the administration of the Tools and any rewards associated with the Tools; and

 

(iii) to otherwise facilitate the use of the Tools.

 

51.3. For the avoidance of doubt, the Privacy Policy (and the notification of the purposes of data collection therein) as referred to in the Terms of Use shall apply to all personal information referred to under these Platform Terms.

 

52. Miscellaneous

 

52.1. If at any time any provision of these Platform Terms or any Additional Terms shall be held to be illegal, invalid, or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of Shoppymore. To the extent it is not possible to delete or modify the provision, in whole or in part, under this clause, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Platform Terms or the relevant Additional Terms, as the case may be, and the legality, validity and enforceability of the remainder of these Platform Terms or the Additional Terms (as the case may be) shall, subject to any deletion or modification made under this clause, not be affected.

 

52.2. Shoppymore reserves the sole right to alter, modify, add to or otherwise vary these Platform Terms at any time and from time to time, and in such manner as Shoppymore deems appropriate at its absolute discretion. In the event of variation of these Platform Terms, if you continue to use the Tools thereafter, you shall be bound by the Platform Terms as so amended and shall be deemed to have accepted the Platform Terms as so amended.

 

52.3. The laws of Malaysia shall apply to and govern these Platform Terms. Any dispute arising out of or relating to these Platform Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Malaysian Administered Arbitration Rules in force when the notice of arbitration is submitted. The seat of arbitration shall be in Malaysia. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

 

53. SHOPPYMORE MALL

 

53. 1. Definitions and interpretation

 

53.1.1 In these Shoppymore Mall Terms and Conditions, unless the context otherwise requires, the following definitions shall apply:

 

(a) "Counterfeit", in relation to the Seller’s Goods (as defined in the Terms of Use), shall mean any goods (including packaging) bearing without authorization a trade mark which is identical with or so nearly resembles the trade mark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trade mark, and which infringes the rights of the proprietor of the trade mark under the Malaysian Trade Marks Act 1976.

 

(b) Fast Refund shall mean a refund of a returned item to you, initiated at the site when you deliver the returned item back to Shoppymore.

 

(c) Shoppymore reserves the right to decide in its sole and absolute discretion, on a per item basis, if Fast Refunds will be available or not.

 

(d) Factors that determine Fast Refund availability, include but not limited to:

Item price and type, Payment type and Purchase and refund history

 

(e) Shoppymore reserves the right to change the factors that determine Fast Refund availability in its sole and absolute discretion from time to time.

 

( f) "Shoppymore Mall Channel" means the sales channel operated by Shoppymore for the purposes of the Shoppymore Programme.

 

(g) "Shoppymore Goods" means goods purchased from a Seller (as defined in the Terms of Use), on the Shoppymore Mall Channel through the Platform (as defined in the Terms of Use).

 

(h) "Shoppymore Terms" means these terms and conditions, as amended by Shoppymore in its sole and absolute discretion from time to time.

 

(i) "Terms of Use" means the terms and conditions governing the Customer's use of the .com website and/or the SHOPPYMORE mobile app and which are set out at shoppymore.com

 

(j) "Order Detail Page" means the page where a user can review information regarding its Order for the relevant goods available on the Platform.

 

(k) “Delivery Detail Page” means the page where a user can review delivery information regarding its Order for the relevant goods purchased from the Platform.

(l) "Product Details Page" means the product details page of the relevant goods available on the Platform.

 

(m) "Terms of Use" means the terms and conditions governing your use of the Platform and which are set out at terms of use.

 

54. Service Terms

 

54.1 These Shoppymore Mall Terms shall apply to your purchase of Shoppymore Mall Goods. Such Shoppymore Mall Goods can be identified from the "Shoppymore Mall" badge on the Seller's listing of the goods.

 

54.2 By purchasing Shoppymore Mall Goods, you agree to be bound by these Shoppymore Mall Terms, as amended from time to time, in addition to the Terms of Use for the Platform, which are incorporated by reference into these Shoppymore Mall Terms.

 

54.3 For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.

 

54.4 In the event of a conflict between the provisions of these Shoppymore Mall Terms and the Terms of Use, the provisions of the Shoppymore Mall Terms shall prevail.

 

55. Representation and Warranty

 

55.1 Shoppymore represents and warrants that the Shoppymore Mall Goods are not Counterfeit.

 

55.2 Save as provided in Clause 3.1 and in the Terms of Use, Shoppymore expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind.

 

55.3 Notwithstanding anything to the contrary in the Terms of Use, your sole and exclusive remedy for Shoppymore's breach of the representation and warranty given.

 

(a) If you believe that the Shoppymore Mall Goods which you have purchased do not conform to the representation and warranty given in Clause 3.1, you must make a refund claim in accordance with the procedure, and subject to the exceptions and limitations, set out in the Return Policy, within fifteen (15) days of the date on which you received the Shoppymore Mall Goods.

 

(b) Following your refund claim, you will be provided with a template refund claim form (“Claim Form”), within which you should state the reasons for your belief that Shoppymore Mall Goods which you have purchased does not conform to the representation and warranty given.

 

(c) You shall return the Shoppymore Mall Good to Shoppymore in accordance with Shoppymore’s instructions. Once Shoppymore receives the Shoppymore Mall Good, Shoppymore shall refund you the full purchase price of the Shoppymore Mall Good within a reasonable period.

 

(d) Following the return of the Shoppymore Mall Good to Shoppymore, Shoppymore shall verify your Claim Form. For the purposes of facilitating such verification, you shall use your best endeavours to fully cooperate with Shoppymore. If Shoppymore determines, in its sole and absolute discretion, that the Shoppymore Mall Good does not conform to the representation and warranty given.

 

(i) Shoppymore shall issue a store credit voucher or rebate coupon equivalent in value to the full purchase price of the Shoppymore Mall Good to your Shoppymore account; and

 

(ii) you shall thereafter have no further claim against Shoppymore, and you shall release and hold harmless Shoppymore from all liability arising out of or in connection with your purchase of the Shoppymore Mall Good.

 

(e) In the event that Shoppymore determines, in its sole and absolute discretion, that the Shoppymore Mall Good does conform to the representation and warranty given, you shall have no further claim against Shoppymore, and you shall release and hold harmless Shoppymore from any and all liability arising out of or in connection with your purchase of the Shoppymore Mall Goods.

 

(f) Shoppymore’s determination pursuant to the mentioned clause shall, save in the case of manifest error, be final and binding on you.

 

(g) If you fail to make a refund claim within fifteen (15) days of the date on which you received the Shoppymore Mall Goods, you are deemed to have accepted the Shoppymore Mall Goods as conforming to the representation and warranty given.

 

56. Availability of Shoppymore Mall Guarantee

 

56.1 Shoppymore may offer guarantees for delivery of selected Shoppymore Mall Goods within specified dates (the “Shoppymore Mall Guarantee”). Availability of the Shoppymore Mall Guarantee for Shoppymore Mall Goods shall be indicated by the appearance of the Guaranteed Delivery Badge on the Product Details Page. For the avoidance of doubt, where the Guaranteed Delivery Badge does not appear, the Shoppymore Mall Guarantee is not available.

 

56.2 The dates for delivery of Shoppymore Mall Goods pursuant to the Shoppymore Mall Guarantee shall be reflected on the Order Detail Page and the Delivery Detail Page. You acknowledge and agree that any timelines or dates shown for delivery on the Shoppymore Platform in respect of the Shoppymore Mall Guarantee, save for the dates indicated on the Order Detail Page and the Delivery Detail page, are only indicative estimates, and you shall not hold Shoppymore directly or indirectly liable for any losses arising out of or in connection with any reliance that you place on such estimates.

 

 

 

 

57. Terms and Conditions of the Shoppymore Mall Guarantee

 

57.1 Subject to the availability of the Shoppymore Mall Guarantee as set out in Clause 4 and the terms and conditions of the Shoppymore Mall Guarantee as set out in this Clause 5, you shall receive payment for the amount specified in the Product Details Page as compensation where Shoppymore delivers the Shoppymore Mall Goods to you after the latest date, or after the timeframe, specified in the Shoppymore Mall Guarantee section of the Order Detail Page and the Delivery Detail Page (“Compensation”). Save for the Compensation, you hereby agree that you shall not have, and hereby waive and relinquish, any other rights or claims in respect of the Shoppymore Mall Guarantee not being fulfilled.

 

57.2 You shall be entitled to Compensation for each Order you place through the Platform, regardless of the number of Shoppymore Mall Goods which are placed pursuant to such Order, or the number of Shoppymore Mall Goods which are delivered to you after the latest date, or after the timeframe, specified in the Shoppymore Mall Guarantee section of the Order Detail Page and the Delivery Detail Page. To illustrate, if you purchase two Shoppymore Mall Goods under one Order, and Shoppymore or its agent is unable to fulfil the Shoppymore Mall Guarantee, you shall be entitled to receive Compensation of the amount specified in the Product Details page.

 

57.3 Where Compensation is paid to your Shoppymore account through a Voucher or a Promo Coupon is issued to your Shoppymore Wallet, Shoppymore reserves the right to impose restrictions or limitations to the use of the Voucher or Promo Coupon, including but not limited to, expiration dates, transfer of the Voucher or Promo Code to other users, or restrictions to use with Products, or categories or classes of Products, as specified by Shoppymore at its sole and absolute discretion. For the avoidance of doubt, Compensation made via Voucher or Promo Coupon cannot be exchange or redeemed for cash.

 

57.4 Notwithstanding that the Shoppymore Mall Guarantee has been made available for the Shoppymore Mall Good you select; you hereby agree to waive your right to Compensation where any of the following take place:

(a) Delivery address for the Shoppymore Mall Good is incorrect or incomplete.

 

(b) You refuse to accept, or fail to make payment for, the Shoppymore Mall Good, for any reason whatsoever.

 

(c) You fail to make payment for the Shoppymore Mall Good in order to be eligible for the Shoppymore Mall Guarantee, before the date and time set out in the Order Detail Page.

 

(d) You request any amendments to the time of delivery, delivery address or mode of delivery after the Order has been made.

 

(e) You fail to adhere to any of the delivery instructions issued by Shoppymore or our agents, including where you or your representative are not present to receive the Shoppymore Mall Good when Shoppymore, or Shoppymore’s agent attempts delivery, or any of the instructions you issue to Shoppymore or our agents for delivery cannot be reasonably fulfilled;

 

(f) You specify for delivery of the Shoppymore Mall Good to be made to a collection point.

 

(g) Delivery cannot be made to your address for reasons due directly or indirectly to an event or failure which is beyond Shoppymore’s reasonable control, including acts of God, natural disasters, war, rebellion, revolution, contamination, pollution, acts or threats of terrorism, or riots; or

 

(h) Delivery of the Shoppymore Mall Good cannot be made to the delivery address you specify in the Order Detail Page and the Delivery Detail Page for any other reason.

 

57.5 You acknowledge and agree that Shoppymore has the sole and absolute right to determine if any of the circumstances set out in Clause 5.4 have taken place. You agree that you shall not dispute any of Shoppymore’s determinations in this regard.

 

57.6 Shoppymore reserves the right not to issue Compensation to you at its sole discretion and with no reference or notice made to you, for any reason whatsoever.

 

58. Fast Refunds

 

Shoppymore Mall may offer Fast Refunds for selected Shoppymore Mall Goods. However, the availability of Fast Refunds is decided on a per item basis by Shoppymore in its sole and absolute discretion.

 

59. Use and disclosure of data

 

You agree that Shoppymore shall be entitled to use or disclose any information or data disclosed by you in accordance with Shoppymore’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by Shoppymore from time to time.

 

60. Miscellaneous

 

60.1 You shall be bound by and shall fully observe and comply with these Shoppymore Mall Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you. The rights and protections conferred on Shoppymore under these Shoppymore Mall Terms shall be additional to the rights and protections conferred on Shoppymore under the Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you.

 

60.2 Any clause in these Shoppymore Mall Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

 

60.3 Shoppymore reserves the right to alter, modify, add to or otherwise vary these Shoppymore Mall Terms from time to time, and in such manner as Shoppymore deems appropriate. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Service after such notice, you shall be deemed to have accepted the amendments.

 

61. MILK FORMULA GUARANTEE

 

The Shoppymore Milk formula Guarantee (“Guarantee”) Terms and Conditions

This Guarantee shall only apply to product bearing the following ‘Shoppymore Guarantee Seal’ in the product image.

 

61.1. These terms and conditions govern the Guarantee provided byShoppymore Global Sdn. Bhd. (“Shoppymore”) and are in addition toany and all other terms in the Terms of Use for the Shoppymore Malaysia e-commerce platform located ‘at terms-of-use’, which are incorporated by reference into theseTerms. For the avoidance of doubt,capitalisedterms used and not defined herein have the same meaning as given to such terms in the Terms of Use.  

 

62. CONDITIONS

 

This Guarantee shall ONLY apply to Qualifying Products that: -

 

(a) Is not authentic or genuine; AND/OR

 

(b) Has expired or have less than seven (7) months to expiry from the Delivery Date.

 

63. HOW TO SUBMIT CLAIM AND ITS PROCESSES

 

a)    Upon receipt of the Qualifying Product, should you find that it breaches this Guarantee as mentioned above at the section Conditions, you may submit your claim* via this link within fifteen (15) calendar days from the Delivery Date** (inclusive of the delivery date) of the product.

*We do not accept claim submitted via phone calls or emails.

 

**Delivery Date means the date when the Qualifying Product is delivered with the status of the delivery of the product is “Delivered” as shown in the Shoppymore’s delivery detail.

 

(b) Please provide the following during your submission of the claim: -

 

i) Particulars as required in the form.

 

ii) Screenshot of the product image found on Shoppymore platform.

 

iii) Screenshot of expiry date of the Qualifying Product.

 

c) If the claim is on the authenticity of the Qualifying Products, Shoppymore Malaysia may require the Customer to return the Qualifying Products for investigation and inspection purposes, if necessary.

 

d) Any customer whose claim is accepted shall be deemed as a Qualifying Customer.

 

e) Shoppymore will process and review the claim within 14 calendar days upon receipt of the duly completed submission of the form and/ or the returned Qualifying Products, whichever is later.

 

f) Customer will be contacted via registered email only pertaining to the outcome of the claim.

 

64. CLAIM

a) For successful claim, Qualifying Customer will receive the refund and reimbursement in the following manner: -

 

i) 100% refund back to the Qualifying Customer’s mode of payment when the purchase was made based on the actual price paid for the Qualifying Product including any shipping fee, whether on promotion or not, less the value of voucher(s) if any; and

 

ii) 100% reimbursement will be credited directly into Qualifying Customers’ Shoppymore Wallet account as a rebate, value of which will be calculated based on the price of the Qualifying Product at the location of purchase (price of the SKU during the purchase made).

 

b) The 100% reimbursement as a rebate is only for purchases on Shoppymore Malaysia Platform and not for withdrawal. The rebate shall only be valid for three (3) months from the date the amount is credited to Qualifying Customers’ Shoppymore Wallets.

 

c)Shoppymore Wallet terms and conditions shall apply to the use of Shoppymore Wallet; Customers who have not activated their Shoppymore Wallet account are required to activate their Shoppymore Wallet account prior using the rebate credited.

 

65. MISCELLANEOUS

a) Milk Formula products without the Guarantee Seal come from our Shoppymore Marketplace vendors are not guaranteed by Shoppymore.

 

b) Any Clause in these Terms, the Terms of Use, Terms and Conditions for Sale, the Privacy Policy as well as such other terms and conditions as may be agreed or accepted by a Customer, that are invalid, unenforceable or illegal shall be enforced as far as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other terms and/or conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

 

c) Shoppymore Malaysia reserves the sole right to alter, modify, add to or otherwise vary these Terms at any time and from time to time, and in such manner as Shoppymore Malaysia deems appropriate at its absolute discretion. In the event of variation of these Terms, if a Customer continue to participate to submit a claim thereafter, the Customer shall be bound by the Terms as so amended and shall be deemed to have accepted the Terms as so amended.

 

d) Shoppymore Malaysia shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations under these Terms (or any part thereof) or in connection with this Guarantee if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Shoppymore Malaysia’s reasonable control, for example but not limited to for lost, late, misidentified or misdirected claims or telecommunication or computer hardware or software performance, errors, delays or failures. Shoppymore Malaysia disclaims all warranties with respect to this Guarantee, the mechanism of which is provided ‘as is’ and ‘as available’.

 

e) The laws of Malaysia shall apply and govern these Terms. Any dispute arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Asia International Arbitration Centre under the AIAC Arbitration Rules. The seat of arbitration shall be Malaysia. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

 

f) All Shoppymore Malaysia’s decisions on this Guarantee are final and binding including but not limited to determining eligible claimants, validity of submissions, pricing errors, displayed price, time and date cut offs, limits of promotion, and amount of credits. No correspondences will be entertained.

 

Customers agree that they shall:

 

(i) abide by the applicable terms and conditions; accordingly, and

 

(ii) not dispute nor make any oral or written complaints, public announcements or statements relating to this Guarantee, or by any other act or omission, directly or indirectly bring Shoppymore Malaysia into disrepute.

 

h) Shoppymore has the right to, at its sole discretion and without prior notification, reject, refuse or exclude a Customer from this Guarantee claim including (without limitation) where the entry is not complete, incorrect, non-compliant or non-fulfilment of any of the applicable terms, or where there is any attempt to compromise or tamper with this Guarantee mechanism. Shoppymore Malaysia reserves the right not to disclose the reasons for unsuccessful claims. No correspondence will be entertained.

 

i) Shoppymore shall not be liable for or pay any taxes associated with this Guarantee payout to Customers. Any taxes imposed by a competent body as a result of any participation shall be the responsibility of the Customers.

 

j) Claims and details submitted in connection with this Guarantee shall be the property of Shoppymore Malaysia.

 

k) Each Customer hereby agrees to indemnify and hold the Shoppymore Malaysia and each of its affiliates each of their respective directors, employees, agents and representatives (the "Released Parties") harmless from and against any losses, damages, rights, claims, or cause of action of any kind arising, in whole or in part, directly or indirectly, as a result of the Customer’s conduct or breach of applicable terms and conditions.

 

66. SHOPPYMORE PRODUCT CARE

This Service Contract is a legal agreement between you and Shoppymore Global Sdn Bhd, which governs the provision of the Services by us in respect of Product(s). By purchasing a Product, you acknowledge and agree to be bound by this Service Contract. Please refer to the “DEFINITIONS” section at the end of this Service Contract for the meanings of capitalised terms used in this Service Contract.

Your purchase of the Services extends the manufacturer’s warranty period for a twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) commencing upon the expiry of the manufacturer’s warranty. The period commencing from the expiry of the manufacturer’s warranty and ending twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) is known as the Service Period. The Services are always subject to the following:

 

a) We have the sole option to repair or (if in our sole discretion it is more commercially practicable to do so) replace your Product with an item of similar quality and specifications.

 

b) If we determine (in our sole discretion) that it is more commercially practicable to replace your Product instead of repairing it, the original Product shall be replaced with a similar product. Due to technological advances, the replacement Product may be of lower retail value than the original Product or it may be a Refurbished Product. If the original Product is replaced, the Services will cease from the date of replacement.

 

c) Repairs or replacements of the Product are limited to products purchased domestically.

 

d) Repairs or replacements of the Product are limited to products which are for personal use. This means that Products that have been used for commercial or other non-personal use shall be excluded from this Service Contract.

 

We would only perform the Services during the Service Period. This means that we have no obligation to perform or provide the Services during the manufacturer’s warranty period, and the Services provided under this Service Contract shall not cover or replace the manufacturer’s warranty. You must exercise your rights and benefits under the manufacturer’s warranty before making a Service request under this Service Contract.

 

On-site repair is available for bulky Products only, which are non-Carry-in Products. Where we are unable to repair your Products on-site, they will be transported to our authorised repair centre for repair, at no extra cost to you. Carry-in Products, which are Products such as Mobile Devices, laptops, tablets, small and kitchen appliances shall be delivered by you to our authorised repair centre, and no shipping or transportation costs (if any) you incur will be reimbursed by Shoppymore.

 

 

67. LIMITATIONS OF LIABILITY

 

Our liability under this Service Contract will not, under any circumstances, extend to any loss or injury to a person or loss or damage to property or any incidental, contingent, special or any direct or indirect loss and consequential damages including but not limited to losses incurred due to any delay in rendering service related to this Service Contract and loss of use during the period that your Product is at an authorised repair centre, and/or while awaiting repair or replacement.

 

 

 

68. ACCIDENTAL DAMAGE (Customer and Vendor)

 

If you purchase the Services for a Mobile Device, you are entitled to the following repair services (or if in our sole discretion it is more commercially practicable to do so) replacement, if there is Accidental Damage to your Mobile Device:

 

a) You are entitled to one (1) instance of repair services or a one (1) time replacement of the Mobile Device for any Accidental Damage. If in our sole discretion it is more commercially practicable to replace your Mobile Device instead of repairing it, the original Mobile Device shall be replaced with a similar product. Due to technological advances, the replacement Mobile Device may be of lower retail value than the original Mobile Device or it may be a Refurbished Product. If the original Mobile Device is repaired or replaced, the Services will cease from the date that the repaired or replaced Mobile Device is delivered to you.

 

b) Repair services for Accidental Damage will apply to Accidental Damage which occurred between the period beginning seven (7) days (“effective date”) from the Mobile Device delivery date and twelve (12) calendar months after the effective date.

 

c) Repair requests in relation to Accidental Damage must be submitted to us within two (2) working days of the Accidental Damage occurring. For the avoidance of doubt, you may only submit one (1) repair request in relation to Accidental Damage for the first year of the Service Contract, starting from the date you receive your Mobile Device.

 

 

69. GENERAL EXCLUSIONS:

 

Shoppymore will not be liable under the Service Contract if you do not submit the Product to an authorised repair centre for repair for Carry-in Products or if you do not raise a Service request with the Shoppymore Care call centre for bulky, non-Carry-in Products, before the expiry of the Service Contract, and in the case of Accidental Damage (for Mobile Device) only, if a Service request has not been submitted within two (2) working days of the Accidental Damage occurring.

 

If you send the Product for repair and/or servicing by an unauthorized service centre, this Service Contract will be null and void, and we will have no obligation to perform the Services in relation to such Product.

 

 

70. EXCLUSIONS:

 

We shall not be liable to provide you the Services in relation to any of the following:

 

70.1. Any damage or problems with the Product caused by negligence, omission, or default of any kind, other than where you are entitled to services under “Accidental Damage”.

 

70.2. Liability arising out of implied warranties of merchantability, implied warranties of fitness, and strict liability.

 

70.3. Liability to anyone other than the Service Contract holder except if you notify us of a transfer of a Service Contract per the terms below.

 

70.4. Any acts of fraud, or other dishonest or criminal acts.

 

70.5. Property and/or product liability insurance.

 

70.6. Products that are still covered by the manufacturer’s/dealer’s original written warranty, or your dealer warranty, repairer’s warranty, or any other warranties in effect.

 

70.7. Any defects that are subject to recall by the manufacturer / dealer.

 

70.8. Non-operating and cosmetic items, paint, or product finish, accessories used in or with the eligible product unless covered under a separate Service Contract, cables, cords, add-on options incorporated in a product for which options are not essential to the basic function of the Product for which the Service Contract was purchased.

 

70.9. Software (including operating system and any stored data), defects resulting directly from software installation and or removal, computer virus, virus prevention, and other peripherals.

 

70.10. Routine maintenance, cleaning, adjustments or software updates.

 

70.11. Abuse, theft, sand, corrosion, excessive heat, battery leakage, Acts of God, commercial usage, power outages or surges, inadequate or improper voltage or current (fluctuation of electrical power, lightning, static electricity), improper environment (including lack of proper temperature or humidity). Unauthorised modifications made to the Product and/or problems/defects arising from such unauthorised modifications; altered serial/IMEI numbers; failure to follow manufacturers’ instructions on installation, operation or maintenance; repairs performed by non-authorised repairer; any items not affecting the function of the Product; image burn.

 

70.12. Costs of express service charges, transportation damage, removal or reinstallation unless specifically included in the Service Contract.

 

70.13. Problems or defects not covered under the original manufacturer’s/dealer’s original written warranty or any other warranties in effect unless otherwise stated, unless otherwise specified in the Service Contract, including but not limited to where you are entitled to Accidental Damage related repair or replacement services.

 

70.14. Failure to follow manufacturer’s recommended instructions for installation, operation, routine care maintenance, inspection, cleaning, external adjustments etc. including problems cause by a device that is not the Product, including equipment/accessories that are not produced by original equipment manufacturer, whether or not purchased at the same time as the Product.

 

70.15. Damage due to organic infestation (from internal and/or external sources).

 

70.16. Deterioration or spoilage of any food stored due to defect of refrigerator.

 

70.17. Water leakage due to blockage of drainpipe under normal use.

 

70.18. Commercial use (multi-user organisations), public rental, use for profit or communal use.

 

70.19. Any diagnosis where no defect has been found or noted.

 

70.20. Consumables including but not limited to batteries, bulbs, compact discs, digital tapes, stylus, toner, and ink cartridges.

 

70.21. External faults such as rust, wiring, electrical connection or plumbing, piping, fitting, realigning of signal receivers (poor receptions), and consequential loss of any kind.

 

70.22. Normal wear and tear, scratching, chewing, spilled liquids, corrosion, animal and insect infestation, fungi, wet or dry rot, or bacteria, misuse, neglect, and abuse.

 

70.23. Repairs necessitated by improper maintenance, accidental, intentional physical damage, damage by sand or water, unless otherwise specified in the Service Contract including but not limited to where you are entitled to Accidental Damage repair or replacement services.

 

 

71.FOR SERVICE REQUEST – CALL; +603 86004650 OR support@shoppymore.com

 

When the Product failure occurs due to an electrical or mechanical defect or accidental damage, you may contact the Shoppymore support at +603 86004650 to report the failure. This hotline is available Monday to Friday 9 a.m. to 10 p.m. in Malaysia, including local public holidays.

 

Our e customer service representatives will be ready to guide you through the Service process. To expedite the Services, please ensure that you have your Service Contract details readily available before placing the call. If the Product failure is not reported to us prior to repair/replacement, the repair/replacement cost shall not be approved.

 

To validate that your Product is covered by the Services, please ensure you keep all the proof of purchase, such as sales receipts, in a safe place.

 

 

72. CANCELLATION

 

This Service Contract can be cancelled within fourteen (14) days of the Product order date at a full refund of paid service fee provided that no Service request has taken place. If a Service request has taken place, no refund will be provided upon cancellation.

 

 

 

 

73. CONTRACT TERMINATION

 

This Service Contract will terminate automatically: (i) upon expiry of the term of this Service Contract, (ii) when a Product has been repaired and returned to you, (iii) upon replacement of the Product if (in our sole discretion it is more commercially practicable to do so) or (iv) upon written notification by us of termination of this Service Contract within fourteen (14) days of original purchase of this Service Contract (subject to our providing a full refund of paid service fees), whichever is earlier.

 

 

74. TRANSFER OF SERVICE CONTRACT TO SECOND OWNER

 

If you sell or transfer your Product to another consumer within the term of this Service Contract, you must call Shoppymore Care Support Hotline within fourteen (14) days from the date of the sale or transfer of the Product to another consumer, in order to transfer this Service Contract. It is also important to report your new address in the event you change your residential address and take the Product(s) with you.

 

 

75. GENERAL

 

This Service Contract is not an insurance contract, insurance policy or guarantee. This Service Contract is not a guarantee or promise relating to the nature of the material, workmanship, or performance of your Product.

 

For verification purposes, you may be required by our customer service representative to present your Service Contract to expedite the provision of the services contemplated by this Service Contract. As such, we recommend that you place these documents in a safe place.

 

 

 

 

76. DEFINITIONS:

 

76.1 Accidental Damage means at a definable time and place your Mobile Device stops working normally and its usability or its safety is affected solely because of either of the following events:

 

76.1.1 Screen Damage: Loss of functionality, cracking or breaking of the screen. Repairs for such damage provided under this Services Contract will be limited to parts needed to fix a cracked or broken screen and back glass such as glass /plastic screen, LCD and sensors fixed to the screen; or

 

76.1.2 Liquid Damage: Loss of functionality of the Mobile Device because of a liquid directly damaging the electronic components of the Mobile Device, caused by unintentional spills.

 

For the avoidance of doubt, damage to your Mobile Device which arose as a result of deliberate acts or omissions to cause the Mobile Device to stop working normally, or to affect its usability or its safety shall not constitute Accidental Damage. We shall (acting reasonably) have sole determination of whether damage done to a Mobile Device is deliberate.

 

76.2 Act of God refers to natural disaster, fire, flood, war, invasion, act of foreign enemy, hostilities or warlike operations, civil war, civil commotion.

 

76.3 Mobile Device means a mobile phone that performs many of the functions of a computer, typically having a touchscreen interface, Internet access, and an operating system capable of running downloaded applications (“Smartphone”), or a wireless portable personal computer with a touchscreen interface that does not have a permanently attached keyboard (“Tablet”) that You purchase from Shoppymore and is covered by the Services.

 

76.4 Product means a product listed for sale on Shoppymore and covered by the Services under this Service Contract.

 

76.5 Refurbished Product means a used product that is in good condition. There will be signs of use such as scratches but will not include deep scratches and no significant signs of heavy wear and tear. This will not affect the functions of the product.

 

76.6 Service(s) means arranging for the repair or replacement of the Product pursuant to this Service Contract.

 

76.7 We, us, our and Shoppymore refers to Shoppymore Global Sdn Bhd, the provider of the Services under this Service Contract.

 

76.8 You and you refer to consumers who purchase Products and cover by the Services under this Service Contract.

 

 

77.MOBILE CREDIT TOP-UP TERMS AND CONDITIONS

77.1. Service Terms

 

77.1.1 By using the mobile credit top-up service (the “Service”), you (“Customer”) agree to be bound by the terms and conditions of the Service (the “Service Terms”), in addition to the Terms of Use for the .my website and/or the SHOPPYMORE mobile app, which are incorporated by reference into these Service Terms. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of the Service Terms and the Terms of Use, the provisions of the Service Terms shall prevail.

 

77.2. Service Conditions and limits

 

77.2.1 The Service is only available to Customers who are eligible users (“Eligible Users”). An Eligible User is a Customer who has registered a pre-paid mobile phone sim card with Celcom Axiata Berhad, Digi Telecommunications Sdn Bhd, XOX Berhad, Maxis Berhad, U Mobile Sdn Bhd, Tune Talk Sdn Bhd (each a “Telecommunications Service Provider”), and who is not:

 

77.2.1.1. Using a post-paid mobile phone sim card; or

 

77.2.1.2. Using a pre-paid mobile phone sim card that has expired, in conjunction with the Service.

 

77.2.2. Notwithstanding that a Customer is an Eligible User, the Service may not be used within twenty minutes from an earlier transaction and the Service may only be used up to a maximum of five (5) times for each number. Shoppymore reserves the right to reject any use of the Service if any of the above limits are exceeded, at its sole discretion.

 

77.2.3. The Service shall be accessible from the website determined by Shoppymore from time to time.

 

77.2.4. The Customer shall use and shall procure that any person the Customer permits or allows to use the Service shall use the Service in accordance with the Service Terms and with such other guidelines, rules and requirements as Shoppymore may issue from time to time or any applicable law.

 

77. 3. Refunds and Cancellations

 

77.3.1. A Customer shall only be entitled to a refund where:

 

ü  Customer is an Eligible User; and

 

ü  Customer receives an incorrect mobile top-up, or where delivery of the mobile top-up to Customer fails, and such failed delivery is not attributable to the default or conduct of the Customer. For the avoidance of doubt, a Customer shall not be eligible for a refund where Customer has inserted an incorrect, invalid, incomplete, or otherwise deficient mobile phone number.

 

77.3.2. Shoppymore reserves the right to cancel or reject any use of this Service at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.

 

77.4. Customer’s Obligations

 

77.4.1. The Customer acknowledges and agrees that:

 

ü  The Customer shall not use the Service or permit the use of the Service in any manner which may adversely affect other Customers' use of the Service and/or any other service provided to such Customers, as Shoppymore may reasonably determine;

 

ü  The Service is offered to the Customer on an "as is" basis.

 

ü  The Customer is responsible for obtaining access to the Service and complying with the Service Terms.

 

ü  The use of Service constitutes acceptance of these Terms.

 

ü  The Customer is responsible for all information the Customer submits, transmits, or otherwise makes available during use of the Service.

 

ü  The Customer is responsible for all transactions carried out pursuant to the Service relating to the Customer's pre-paid mobile account(s);

 

ü  The company, Shoppymore is in no way responsible for any credit card or online top-up transactions carried out pursuant to the Service and any errors in processing payment, payment disputes and/or any other payment related matters pursuant to the Service shall be referred by the Customer directly with the respective bank(s) issuing the credit card(s);

 

ü  The company, Shoppymore may require the Customer to submit information from time to time pursuant to the Service (which may include financial information and credit card details) and such information and details may (subject to any obligations of confidentiality) be made available by Shoppymore to third parties for purposes of facilitating the provision of the Service;

 

ü  The Customer shall comply with all applicable laws when using the Service.

 

ü  The company, Shoppymore expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timelines, currency, noninfringement, merchantability or fitness for any particular purpose in relation to the Service;

 

ü  The company, Shoppymore to the fullest extent permitted by law exclude all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled to by law.

 

77.5. Availability of Service

 

77.5.1. The Customer acknowledges that Service availability is subject to:

 

ü  availability of resources including, without limitation, availability of .my website and/or the SHOPPYMORE mobile app; and

 

ü  systems at the time and location when the Service is requested or delivered.

 

77.5.2. The Customer accepts that Shoppymore shall not be responsible to the Customer for any loss, damage, claim or compensation of whatever nature arising from or related to the Service including but not limited to any alleged unauthorized transactions, disruptions, errors, defects or unavailability of Service, loss of data or damage to any mobile equipment of the Customer. Shoppymore does not make any warranty on the performance and capability of the .my website and/or the SHOPPYMORE mobile app, the Service and/or any software or hardware used with the Service or any application accessed by the Customer using the .my website and/or the SHOPPYMORE mobile app and/or Service.

 

77.5.3. The Customer accepts and acknowledges that Shoppymore may suspend, terminate and/or discontinue the Service and/or access of any Customer to the Service or any part thereof at any time in its sole and absolute discretion without prior notice and without any liability whatsoever to the Customer.

 

77.6. Use and disclosure of data

 

77.6.1. The Customer agrees that Shoppymore shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Shoppymore’s Privacy Policy. The Customer is entitled to withdraw such consent in the procedure as prescribed by Shoppymore from time to time.

 

77.7. Miscellaneous

 

77.7.1. The Customer shall be bound by and shall fully observe and comply with all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by the Customer. The rights and protections conferred on Shoppymore under these Service Terms shall be additional to the rights and protections conferred on Shoppymore under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by the Customer.

 

77.7.2. Any Clause in the Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by the Customer, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other Clauses, which Clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

 

77.7.3. Shoppymore reserves the right to alter, modify, add to or otherwise vary these Service Terms from time to time, and in such manner as Shoppymore deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Service after such notice, the Customer shall be deemed to have accepted the amendments.

 

78.VOUCHER TERMS & CONDITIONS

 

The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes ("Vouchers").

 

78.1. Vouchers are only valid on the Shoppymore website, mobile website, or mobile applications/apps

 

78.2. A valid code must be entered at the checkout page to redeem a Voucher.

 

78.3. Customers can redeem the Voucher.

 

78.4. Customers can only use the Voucher for a one-time purchase only.

 

78.5. Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.

 

78.6. Shoppymore reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances:

 

78.6.1. suspicious or fraudulent purchasing activity or Voucher use.

 

78.6.2. Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or

 

78.6.3. Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)

 

78.6.4. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.

 

78.7 Additional terms and conditions may be specified in relation to specific Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those Vouchers in addition to these terms.

 

78.8. Use of Vouchers by resellers is not tolerated, and Shoppymore reserves the right to cancel orders which are deemed to display reseller behavior.

 

78.9. Vouchers are not exchangeable for cash.

 

78.10. Shoppymore will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:

 

78.10.1. discontinued or cancelled Vouchers.

 

78.10.2. improper use of, or inability to redeem, a Voucher; or

 

78.10.3. the inability to redeem a Voucher due to technical issues.

 

78.10.4. Shoppymore reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.

 

 

 

80. Use and Disclosure of Data

 

80.1. You agree that Shoppymore shall be entitled to use or disclose any information or data disclosed by you in accordance with Shoppymore’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by Shoppymore from time to time.

 

80.2. Order issuance in relation to Digital Good(s) may be handled by a third party appointed by Shoppymore, in which case you may receive direct communication of Digital Good(s) Codes from the third party.

 

 

 

90. Miscellaneous

 

90.1. The rights and protections conferred on Shoppymore under these Digital Goods Terms shall be additional to the rights and protections conferred on Shoppymore under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by you .

 

90.2. Any clause in these Digital Goods Terms, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by you that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

 

90.3. Shoppymore reserves the right to alter, modify, add to, or otherwise vary these Digital Goods Terms from time to time, and in such manner as Shoppymore deems appropriate without prior notice. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Digital Good(s) after such amendment, you shall be deemed to have accepted the amendments.

 

91.SHOPPYMORE PAYMENT PROTECTION POLICY

 

91.1. You should immediately notify Shoppymore if you believe there has been an Unauthorized Transaction or unauthorized access to your Shoppymore Account. To be eligible for compensation under this Policy, you must notify us within 60 days from the date an Unauthorized Transaction first appears in your account.

 

91.2. You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction. Shoppymore will send you an e-mail through the-mail address you have provided to notify you of every transaction made in your account. You should check these transaction confirmation messages to ensure that each transaction has been authorized by you and the information in your account is accurate.

 

91.3. If an Unauthorized Transaction appears in your account, please support@shoppymore.com service. You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, for the investigation to begin. Shoppymore will only initiate an investigation upon receipt of all information/documents.

 

91.4 Actions taken by Shoppymore upon receipt of notification.

 

91.5. Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following:

 

91.5.1. We will investigate and determine whether there has been an Unauthorized Transaction.

 

91.5.2. Shoppymore will complete the investigation within two (2) working days from the date where all necessary information and or documents were received by us.

 

91.5.3. We will inform you of our decision once we complete the investigation.

 

91.5.4. If we determine that the Unauthorized Transaction is one which qualifies for Shoppymore Payment Protection, we will credit the full amount of the Unauthorized Transaction as shown below.

 

Unauthorised transaction made from

Reimbursement made from

Saved Card

Saved Card

Direct Link

Direct Link

91.5.5. If we determine that the Unauthorized Transaction is one that does not qualify for Shoppymore Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.

 

 

 

91.6 Scope of protection

 

91.6.1. The following types of transactions are excluded from the scope of coverage of our Shoppymore Payment Protection Policy:

 

ü  Disputes on genuine transactions, such as non-receipt of the item you have purchased.

 

ü  Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently, or have failed to take all steps and precaution in protecting your account.

 

ü  Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions.

 

ü  Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond Shoppymore’s reasonable control.

 

ü  Where the Unauthorized Transaction took place as a result of any terminal or system (including Shoppymore and Alipay) being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;

 

ü  Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or

 

ü  Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.

 

92. Buyer Terms and Conditions of Participation

 

92.1. Acceptance of Terms and Conditions

92.1.1. The following general terms and conditions regulate the use of, and purchase of Products, through the pre-sale program offered by Shoppymore Global Sdn Bhd of Suite F-3-3 Setiawalk, Persiaran Wawasan, Pusat Bandar Puchong, 47160 Puchong Selangor Malaysia(hereinafter referred to as “Shoppymore” and such program, the “Pre-Sale Program”) on Shoppymore’s websites, mobile applications and in-application stores. By participating in or utilizing the Pre-Sale Program on any of the foregoing Shoppymore platforms, you, as an eligible user (such person, a “User”), agree unconditionally and irrevocably to be bound by, and shall be deemed to accept, these terms and conditions (the “Pre-Sale Terms”) in addition to the Terms of Use for the https://www.// website (“Website”) and/or the SHOPPYMORE mobile app, the Terms & Conditions of Sale. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.

 

92.1.2. Shoppymore offers the Pre-Sale Program within the context of its technical and operational capabilities, subject to downtime and lack of availability during which the use of the Pre-Sale Program and other services are interrupted or affected due to urgent technical reasons or required maintenance work. Shoppymore shall not be liable, in any case whatsoever, for these instances in accordance with the conditions of this Pre-Sale Terms. This also does not include periods of time in which Shoppymore’s general services or the servers of the Pre-Sale Program offered do not allow online access due to reasons beyond Shoppymore’s control such as any events of force majeure or as a result of third party actions or omissions.

 

92.1.3. Shoppymore continuously updates, changes and develops its Pre-Sale Program and other services at its own discretion. Other provisions or general terms and conditions of a User that deviates in any way from Shoppymore’s Pre-Sale Terms herein, shall only apply if Shoppymore gives prior written consent to their validity.

 

92.1.4. Shoppymore does not make any warranty or representation or undertaking on the performance and capability of the SHOPPYMORE mobile app, the Website and/or any software or hardware used with such SHOPPYMORE mobile app or Website, any application accessed by a User using the SHOPPYMORE mobile app and/or the Website, or the reliability or quality of the underlying telecommunications network accessed by such User using the SHOPPYMORE mobile app or Website, each in connection with the Pre-Sale Program.

 

92.1.5. In addition to these Pre-Sale Terms, any existing rules and terms of the brands offering Products under the Pre-Sale Program shall also apply. In the case of any inconsistency or conflict between these Pre-Sale Terms, the rules of any brand and/or the Terms of Use, the provisions of these Pre-Sale Terms shall prevail over the others, following by the Terms of Use and thereafter the rules of any brand, to the extent of such conflict.

 

92.2 Conditions of Pre-Sale Program

 

92.2.1 The Pre-Sale Program shall only be made available for Users during applicable campaign periods, the dates, times and duration of which shall be determined by Shoppymore at its sole and absolute discretion (such period, the “Campaign Period”). A User shall be a Customer who has registered for a customer account on the Shoppymore Mobile app or Website controlled, and operated, by Shoppymore. Users shall only be able to participate in the Pre-Sale Program on the SHOPPYMORE mobile app after they have logged in and provided their full name and any other required information in accordance with their ID Card or passport. Only natural persons are eligible for registration and participation in the Pre-Sale Program and only individual persons are permitted to be authorized users.

 

92.2.2 Users shall be prohibited from participating in the Pre-Sale Program with programs other than the Shoppymore client program. This refers to automated bots and other tools meant to replace or supplement the mobile application interface. In addition, scripts and completely or partially automated programs providing Users with any advantage over other Users shall be prohibited, including without limitation, auto-refresh functions and other integrated browser mechanisms that use or concern automated procedures for participation in the Pre-Sale Program.

 

92.2.3 Users are, under no circumstances, permitted to:

 

(i) create or use cheats, mods and/or hacks, or any other third-party software products that may change the result of the Pre-Sale Program.

 

 

(ii) use software that allows the mining of data or otherwise intercepts or collects information in connection with the Pre-Sale Program.

 

 

(iii) use virtual items (including deal, platform or brands vouchers) that are being used in the Pre-Sale Program outside of the Pre-Sale Program other than for purchase of Products through Shoppymore, purchase virtual items for “real” money, or sell or swap virtual items; and

 

(iv) sell, buy, or trade User accounts, and the foregoing shall include all circumventions, similar actions or actions that produce an effect that matches the prohibitions.

 

92.2.4 The User acknowledges that the availability of the Pre-Sale Program shall be subject to:

 

(i) the availability and functionality of resources including, without limitation, the availability and functionality of the SHOPPYMORE mobile app and/or Website; and

 

(ii) the capability of Shoppymore’s systems at the time and location when the Pre-Sale Program are due to be operated or run for Users.

 

92.2.5 The User accepts that Shoppymore shall not be responsible to him or her for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or related to the Pre-Sale Program (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Pre-Sale Terms, (ii) any alleged unauthorised transactions, disruptions, errors, defects or unavailability of the Pre-Sale Program, or (iii) any loss of data or damage to any of his or her mobile, electronic or digital equipment, to the fullest extent permitted by law.

 

92.2.6 In the event that any Liabilities are not excluded under Clause 2.4, Shoppymore’s maximum aggregate liability to any User in respect of such Liabilities, whether under all applicable laws of contract, tort or otherwise, shall be USD 50 (or the equivalent value of such amount in MYR as converted according to the Bloomberg foreign exchange rate recorded as at the first date of a User’s claim or complaint), to the fullest extent permitted by law.

 

93. Content Restrictions

 

93.3.1 Shoppymore’s Pre-Sale Program includes various content, imagery, media and graphics that are protected by trademarks, copyrights or other means for the benefit of Shoppymore or third parties. Unless explicitly permitted within these Pre-Sale Terms, no User or any third party may edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes of the Pre-Sale Program, or the content or any portion thereof. Copyright information and brand names may not be changed, hidden or removed. The term “content” includes all and any data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided or developed by Shoppymore and any such services available for download.

 

93.3.2. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Shoppymore’s mobile application and/or Website, any individual services and/or offers there, or its Pre-Sale Program. Users are also required to abstain from any measure which may allow unauthorized access to data. Any use of Shoppymore’s Pre-Sale Program for commercial purposes, especially advertising purposes, requires the express prior written consent of Shoppymore. Users are not entitled to publish content on Shoppymore’s Pre-Sale Program or other services.

 

94. General Rules of Participation in the Pre-Sale Program

 

94.4.1 During or prior to the Campaign Period, certain Products shall be offered for pre-sale on the Website and the SHOPPYMORE mobile app to Users for a restricted period of time as determined by Shoppymore (such period, the “Pre-Sale Period”) during which Users may place a pre-sale order for any such Product through payment of a portion of the pre-sale purchase price for that Product (such amount paid, the “Pre-Payment”). The Products offered for pre-sale under the Pre-Sale Program, the pricing of such Products and the required pre-payment amounts for such Products, shall be determined by the Third-Party Vendors.

 

 

94.4.2 Prior to making the Pre-Payment, the User shall provide for the delivery address of the Products and his or her contact details and schedule the delivery date and timeframe. The User shall be informed of the amount of Pre-Payment to be made for that Product during the Pre-Sale Period and the remaining amount of payment (the “Final Payment”) to be made to complete the Order for the Product, as well as the timeline within which the Final Payment may be made for the Product (the “Final Payment Period”).

 

94.4.3 The Final Payment Period shall commence after the final date of the Pre-Sale Period. Each User shall provide his or her contact details, mobile number and/or email address for SHOPPYMORE and/or its affiliates or authorised agents to notify and/or remind such User to make the Final Payment during the Final Payment Period to complete his or her Order for the Product.

 

94.4.4 By participating in the Pre-Sale Program and payment of the Pre-Payment in respect of any Product, each User acknowledges, understands and undertakes that such Pre-Payment is non-refundable and subject to forfeiture where the User does not make the Final Payment for such Product and complete the Order within the Final Payment Period.

 

94.4.5. An Order shall only be confirmed and processed for delivery by Shoppymore in respect of a Product available under the Pre-Sale Program where both the Pre-Payment and Final Payment have been made during the Pre-Sale Period and Final Payment Period respectively. Where a User has made a Pre-Payment for any Product during the Pre-Payment Period but fails to make the Final Payment for such Product during the Final Payment Period, the Order for such Product shall not be confirmed and Shoppymore shall have the sole right, entitlement and discretion to retain and/or forfeit the Pre-Payment amount.

 

94.4.6. Only upon successful Pre-Payment for any Product shall any stock for that Product be reserved for the paying User.

 

 

94.4.7. Save where Shoppymore cancels any Order made by a User, a User shall only be entitled to a refund of any payments made for a Product offered under the Pre-sale Program after completion of an Order for such Product and where he or she fulfils and/or satisfies the conditions and requirements for refunds under the Terms of Use.

 

94.4.8. A User shall be entitled to make payment for any Products offered under the Pre-Sale Program using any of the payment method prescribed by Shoppymore from time to time, save that:

 

(i) cash on delivery shall not be offered as a payment method for Products purchased through the Pre-Sale Program; and

 

(ii) a User shall be required to utilize the same payment method for each of the Pre-P ayment and Final Payment.

 

94.4.9. Shoppymore reserves the right to cancel and/or refund any Pre-Payments made by a User or Orders placed in connection with the Pre-Sale Program where it determines in its sole and absolute discretion that such User has breached these Pre-Sale Program Terms, the Terms of Use or the Terms & Conditions of Sale.

 

 

 

95 User’s Obligations

 

95.1 Each User acknowledges and agrees that:

 

(i) He or she shall fully comply with all applicable laws and regulations when participating in the Pre-Sale Program.

 

(ii) He or she shall comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines) provided by brands or sharing channels where such sharing channels are used to invite third parties to the Pre-Sale Program, and such User shall not, as part of his or her participation in the Pre-Sale Program, breach any of these terms.

 

(iii) He or she shall be responsible for all information that is communicated, submitted, transmitted, or otherwise made available during such User’s participation in the Pre-Sale Program whether to Shoppymore or third parties.

 

(iv) You shall not participate in the Pre-Sale Program or permit the participation in the Pre-Sale Program in any manner which may adversely affect other customers' or Users’ participation in the Pre-Sale Program or the goodwill or reputation of Shoppymore.

 

(v) You are responsible for complying with these Pre-Sale Terms.

 

(vi) Shoppymore, to the fullest extent permitted by law, excludes all warranties, rights, and remedies (including warranties implied by statute or otherwise) that a User would otherwise be entitled to under law.

 

95.2. Where Shoppymore deems that a User has breached any of these Pre-Sale Terms, including fraudulently participating in the Pre-Sale Program, Shoppymore reserves the right, at its sole and absolute discretion to:

 

(i) prevent or restrict access of any User to the Pre-Sale Program, the SHOPPYMORE mobile app and/or Website.

 

(ii) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

 

(iii) cancel any Orders placed during a User’s participation in the Pre-Sale Program.

 

96 Miscellaneous