————————    TERMS AND CONDITIONS    ————————

 

1)      Introduction

a)      This e-Commerce website / platform is named as "DaruMall".

b)      The DaruMall is fully owned by AUSTIN YJ HO MARKETING, an entity established in Malaysia under Registration of Businesses Act 1956 [Act 197], with its registration number of JM0951419-W.

 

By registering with e-Mall, regardless as a Buyer or Merchant, upon registration with e-Mall, you are hereby:-

 

2)      Interpretation

a)      Acknowledge and agree that in these Terms and Conditions, unless the context otherwise requires:-

i)              "AYJHM" means AUSTIN YJ HO MARKETING, an entity established in Malaysia under Registration of Businesses Act 1956 [Act 197], with its registration number of JM0951419-W.

ii)            "e-Mall" means the technological platform of electronic shopping mall that owned and operated by AYJHM.

iii)         "We", "Us", "Our", "Ours" refer to both AYJHM and e-Mall, and refer to anything or issue belongs to both AYJHM and e-Mall.

iv)          "Sites" means the user-interface websites, mobile websites, online application of the e-Mall.

v)            "Services" means the services provided by e-Mall as set out in Paragraph 5.

vi)          "User" means the individuals who interacting with the e-Mall regarding Merchant, Buyer, or non-registered end user.

vii)        "Merchant" means the individuals or organizations registered with e-Mall for the purpose of vending, which operated by the said individuals or organizations.

viii)     "Buyer" means the individuals registered with e-Mall for the purpose of purchasing.

ix)          "Goods" means the variety of goods and products that promoted by Merchant (s), except the goods and products listed in First Schedule of this Terms and Conditions.

x)            "Store" means the electronic store created by Merchant to promote and vending Goods.

xi)          "Store-Location" means the registered business address of the Store, which registered to the e-Mall used for distance calculation.

xii)        "The-Distance" means the distance calculated from Store-Location to the location that specified by the Buyer for delivery.

xiii)     "Order" means the purchase order of Goods that initiated / placed by the Buyer.

xiv)      "Store-Price" means the price of Goods that determined by the Merchant for the Store.

xv)        "Admin-Charges" means the price of the administration which collected by the platform for back-end operations such order facilitating, processing, summarizing, and e-Mall maintenance.

xvi)      "Delivery-Fee" means the price of the delivery services applied to the Order depends on The-Distance.

xvii)    "Payment-Agent" means the entity, institute, or organization which possess legal license or technological instrument, help on handling payment transaction, collecting fund, and such activities are governed under the related financial law.

xviii) "Payment-Fee" means the payment charges that may charged by the Payment Agent for payment process as per listed in in Second Schedule of this Terms and Conditions.

xix)      "e-Payment" means the payment made through online during the Order placement, the payment amount included summation of Store-Price(s), Admin-Charges, and optionally Delivery-Price.

xx)        "Invoice" means the document that generated to the customer after the e-Payment made.

xxi)      "AMA1971 [A21]" represents Age of Majority Act 1971 [Act 21].

xxii)    "CA1965 [A125]" represents Companies Act 1965 [Act 125].

xxiii) "CA2016 [A777]" represents Companies Act 2016 [Act 777].

xxiv)  "RoBA1956 [A197]" represents Registration of Business Act 1956 [Act 197].

xxv)    "LLPA2012 [A743]" represents Limited Liability Partnerships Act 2012 [Act 743].

xxvi)  "SSM" represents Suruhanjaya Syarikat Malaysia, or literally in English as Companies Commission of Malaysia, which is a statutory body formed under an Act of Parliaments named Companies Commission of Malaysia Act 2001 [Act 614] that regulates corporate and business affairs in Malaysia.

xxvii)     "CPA1999 [A599]" represents Consumer Protection Act 1999 [Act 599].

xxviii)   "CPETTR2012" represents Consumer Protection (Electronic Trade Transactions) Regulations 2012 which set up under Section 150 of CPA1999 [A599].

 

3)      Terms and Conditions

a)      Agree that your use of our Sites and Services shall be governed by these Terms and Conditions, and agree that your use of our Sites and Services shall constitute your agreement to be bound by these Terms and Conditions.

b)      Accept AYJHM on amending the Terms and Conditions betweentimes as it seems necessary, and such amended Terms and Conditions shall take immediate effect and bound to User upon announcement by way of posting on Sites.

c)      Agree that your continued access and/or use of the Sites and Services shall be understood and automatically deemed as an acknowledgement of and consent to be bound by any such amended or additional Terms and Conditions.

d)      Agree that these Terms and Conditions shall be governed and construed pursuant to the law of Malaysia, and agree that, if any disputes, will be resolved exclusively only by the Courts of Malaysia.

e)      Acknowledge that the content of the Sites and Services is not guaranteed appropriate or available, and the access is lawful or legal for use in locations outside of Malaysia; and agree to abide with the local laws if accessing outside of Malaysia.

 

4)      License of the Software

a)      Acknowledge that AYJHM grants to you a revocable, limited, non-exclusive, non-assignable and non-sublicensable license to use a copy of the Sites on your device for your use and subject to these Terms and Conditions.

b)      Guarantee that you will not:-

i)              modify, adapt, reverse engineer, decompile, disassemble, translate the Platform or create derivative works based on the Platform;

ii)            rent, lease, sublicense, distribute or transfer copies of e-Mall, Sites, and Services or the license for the use of the e-Mall, Sites, and Services to any third parties or otherwise commercially exploit e-Mall, Sites, and Services other than for product advertising, selling, and delivery;

iii)         interrupt the operating function of e-Mall or use any methods to export or modify the source code of e-Mall;

iv)          cause unauthorized access to or deny authorized access to, any software, hardware, network, services, systems, or data;

v)            import and propagate any kinds of computer virus, worms, trojans, or any malicious codes to e-Mall, Sites, and Services;

vi)          post, distribute, reproduce, or misuse the copyrighted material, trademarks, or other proprietary information contain in e-Mall, Sites, and Services without obtaining the prior consent of the owner of such material or information;

vii)        post, distribute, reproduce, or publicize any information or material on e-Mall, Sites, and Services, in any way, which is offensive, indecency, defamatory, threatening, vexatious, or which is otherwise illegal;

viii)     engage in spamming and phishing activities;

ix)          use e-Mall, Sites and Services, in form of any way, to engage unfair competitions or for personal enmity.

x)            engage any illegal activity which is in contravention of any applicable laws and regulations.

c)      Agree that will not install and/or execute e-Mall on any device other than the devices with operating system approved by AYJHM.

d)      Acknowledge that no other license or right will be granted to you other than the license granted in Paragraph 4(a).

 

5)      Services

a)      Acknowledge that the Services provided by AYJHM is a provision of e-Mall which assembles a technological platform for the following activities:-

i)       Enables Merchant(s) to promote, sell, publicize the Goods to Buyer(s) with / without the price list.

ii)     Enables Buyer(s) to place Order(s) for Goods purchasing.

iii)   Provides e-Payment gateway to Buyer(s) for paying for the Order(s), and helps Merchant(s) to collect funds which is meant for the Order(s).

iv)   Helps to calculate the Delivery-Fee for Order(s)’ delivery.

v)      Helps Merchant(s) to notify Buyer(s) on Order(s)’ status.

b)      Acknowledge that the list of the Merchant(s) that registered with e-Mall can be found on e-Mall, Sites, and Services.

c)      Agree that AYJHM is not agent of both Merchant(s) and Buyer(s), neither AYJHM, Merchant(s), Buyer(s), nor any other third-party entity have the authority to bind each other.

 

6)      Common User Obligations for Account

a)      Confess that you are OVER TWENTY-ONE (21) years old which the age fulfilled the AMA1971 [A21].

b)      Warrant that you will fully take responsibility on the account that you registered with e-Mall, regardless as a Merchant or as a Buyer.

c)      Agree that you are required to submit your personal information to AYJHM to use e-Mall, Sites, and the Services, as per request for different role.

d)      Warrant that you will safeguard any login name and password you registered to e-Mall or provided by AYJHM in relation to e-Mall, Sites and Services, and that you will not disclose such information to third parties, or allow any party to use your account to impersonate you for the use of e-Mall, Sites, and Services.

e)      Acknowledge that, if any losses caused by failure of warrant as stated in Paragraph 6(a), you will not be compensated.

f)       Agree that for AYJHM to assume that any person using your devices, your login name and password will either be you or someone authorized by you.

g)      Agree that AYJHM to limit, suspend, or terminate your account and your use of e-Mall, Sites, and Services if and only if you are found reasonably suspects or detects fraudulent behaviour, or breaching any of the Terms and Conditions herein.

 

7)      Merchant’s Obligations

If as a Merchant, :-

a)      Warrant that you are holder of Malaysian’s citizenship or are a resident of Malaysia.

b)      Warrant that you are the owner or an authorized representative for the Store registered with e-Mall, and that you are entrusted with fully responsible for the Store operation.

c)      Warrant that the Store you registered with e-Mall is an entity or organization which has registered under CA1965 [A125], CA 2016 [A777], RoBA1956 [A197], or LLPA2012 [A743], with the certificate and business information provided by SSM.

d)      Understand the whole Flow of Process of the Services as set out in Third Schedule of this Terms and Conditions.

e)      Guarantee that the Store only sell, promote, and publicize Goods.

f)       Agree that to register account or submit account information of any Payment-Agent(s).

g)      Agree that to allow e-Mall to fully govern the activities such as quotation generating, order placement, fund collection, invoicing, and optionally delivery order.

h)      Understand that the Store-Price will be openly shown to public by default.

i)       Understand that you are given option to whether openly show the Store-Price to or hide the Store-Price from public, and further agree to bear any legal responsibility on breaching the laws and regulations of CPETTR2012 for hiding the Store-Price, which the action of hiding the Store-Price is contravenes CPETTR2012.

j)       Agree that you will not use e-Mall for false advertising.

k)      Acknowledge that it is a must, as a Merchant to accept Order in correct way, to ensure that the customer know that the Order is accepted.

l)       Agree that the Buyer is entitled for cancellation or refund per product if there is Order amendment needed to be taken place.

m)   Agree that the Buyer reserves the rights to file complain in way of legal procedure, if and only if the Order is not properly handled and the reasonably refund is not entertained.

n)      Acknowledge and agree that e-Mall will not and reserves rights not to entertain any complaints or problems of order or issue that happened or made outside, or not related to, e-Mall, Sites, and Services.

o)      Agree that Merchant are obliged to bear any legal and lawful responsibility for, in using e-Mall, Sites, and Services, breaching any rules stated in CPA1999 [A599], CPETTR2012, and other laws and regulations which industry of electronic business, trade, and transaction must comply with.

 

8)      Buyer’s Obligations

If as a Buyer, :-

a)      Guarantee that you are a resident of Malaysia with a registered mobile number, for the use of notification receiving and contact, in way of WhatsApp or SMS, and with a valid email address for invoice receiving.

b)      Agree that you will fully be responsible on the order placed by your login credentials, even order on behalf of third party.

c)      Understand the whole Flow of Process of the Services as set out in Third Schedule of this Terms and Conditions.

d)      Acknowledge that e-Mall, by default, does not provide scheduled order.

e)      Acknowledge that is a must to read the Store description before placing Order.

f)       Acknowledge that the fees and prices which included for the Services are Store-Price, Admin-Charges, Payment-Fee, Delivery-Fee, and such prices will be printed in the invoice.

g)      Understand and agree that Admin-Charges and Payment-Fee are not refundable as they are for administrative purpose.

h)      Acknowledge that there is no physical or hard copy of invoice will be provided to you, and that an electronic receipt will be automatically provided after order placement or payment made via email provided by you.

i)       Understand that there is no Order amendment after the Order is placed, unless negotiations from Merchant due to Goods inventory situation, and there is no addition Goods allowed to be made for such Order.

j)       Agree that you have right to cancel Order if the Merchant is not accepting your Order.

k)      Agree that, if Order is accepted by Merchant, you need to communicate with the Merchant for order cancellation, and understand that Merchant reserves rights for not to refund if the Order is accepted.

l)       Understand that only partial refund will be issued back to Buyer if such refund needed to be initialized.

m)   Understand that, if the Order is completely done and waiting for delivery, the Order is considered sold, and the cancellation, amendment, and refund is no longer available.

n)      Acknowledge and agree that We will not and reserves rights not to entertain any complaints or problems of order or issue that happened or made outside, or not related to, e-Mall, Sites, and Services.

 

9)      Delivery Related Issue

a)      Acknowledge that Buyer(s) are given options for delivery or pick-up for the Order(s).

b)      Understand that, if Buyer(s) choose to delivery for the Order(s), Merchant(s) will assign driver for the Order(s)’ delivery, and the Buyer(s) will bear the Delivery-Fee for the delivery order in order placement stage.

c)      Understand that, if Buyer(s) choose to pick-up for the Order(s), Buyer(s) will be notified once the Order(s) is completely prepared, and once such notification sent out, it is considered as sold.

d)      Agree that our delivery partners reserve the rights to open and check the goods without prior notice to you where they have any reasonable suspicion that the goods may contain or constitute illegal, unlawful, or restricted as referred to their respective terms and conditions.

e)      Understand that in case where our assigned drivers attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:-

i)       no recipient present or available to receive the Order by own or on behalf of;

ii)     recipient was uncontactable despite attempts to reach the customer via the phone number provided;

iii)   address provided by the Buyer is invalid or unable to be located, or appear to be not similar with the delivery information that submitted to e-Mall for the Order;

iv)   lack of appropriate or sufficient access to deliver the Order successfully;

v)      lack of a suitable or secure location to leave the Order;

vi)   or in the case of special goods as stated in First Schedule of this Terms and Conditions, recipient did not meet the statutory age requirements or delivery did not consider it safe or appropriate enough for the recipient to receive the special goods.

f)       Agree that both Buyer(s) and Merchant(s) shall ensure that the delivery address is clearly, precisely, accurately, and correctly input, any inaccurate or incorrect address, or address submitted incorrectly which suspected reasonably to be defrauding cheaper delivery-fee will result in cancellation without refund or remedy to you.

g)      Further agree to allow Merchant(s), delivery partners, and/or Us, or understand that Merchant(s), delivery partners, and/or Us reserve the rights, to take action such frequent defrauding action stated in Paragraph 9(f) in the way of file police reports and file complaints to legal body which responsible to the said action, and terminate the use of Buyer(s) for e-Mall, Sites, and Services.

h)      Acknowledge that you are obliged to do checking upon receipt of your Order(s). If you discover that there are issues with your Order(s), such as wrong order, defective order, or missing items, you are required to call Us or directly to the Merchant(s) with the contact number stated in Store, recommended with the photographic proof and/or additional information to thoroughly investigate the issue with your Order.

i)       Acknowledge that, for the pick-up option, you, or authorized representative assigned by you, will need to collect your Order within specific time frame. Such specific time frame is, by default, before the Store-Location close, or defined differently by Merchant(s) as stated in Store description. If Buyer(s) do not present to pick-up within the time frame, the Order is consider forfeited by Buyer(s). We and/or Merchant(s) reserves rights not to refund or remedy you.

j)       Acknowledge and agree that the delivery drivers are fully prohibited, or reserve rights to refuse, to be in the premise of Buyer(s) including, but not limited to, landed property, high-rise property such as Condominium, Apartment, Suites, Shophouse, Hotel, Motel, Inn etc, in order to avoid any unnecessary issues.

 

10)  Representations, Warranties, and Limitations of Liabilities

a)      Acknowledge and agree that the content on e-Mall is provided on an "as is" and "as available" basis, and that your use of or reliance upon e-Mall and any content, goods, products, or services accessed or obtained thereby is at your sole risk and discretion. We makes reasonable efforts to ensure the provision of e-Mall and the services we offer, are always available, we do not warrant or represent that e-Mall shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects, or viruses. You also understand that there will occasionally temporary interruptions of e-Mall due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications, or events of force majeure.

b)      Acknowledge that We shall not be liable for any damages including but not limited to indirect, special, incidental, accidental, exemplary, punitive, or consequential damages including, without limitations, loss of profits, loss of data, loss of goodwill, work stoppage, computer failure, malfunction, personal injury, property damage, or other commercial damages or losses related to, in connection with, or otherwise resulting from any use of e-Mall.

c)      Acknowledge that We does not liable for the quantity, quality, condition, or other representations of the Goods and/or Services provided by Merchant(s) or guarantee the accuracy or completeness of the information, including catalogue information, photos, and images of the Goods) displayed on the Merchant(s)’ Store(s). Nothing in these terms shall exclude Merchant(s)’ liability for death or personal injury arising from Merchant(s)’ gross negligence or wilful misconduct.

 

11)  Copyright and Intellectual Property

a)      Acknowledge that the content of the e-Mall, Sites, and Services are protected by copyright, trademarks, database, and other intellectual property rights, and agree that to allow e-Mall to act in way of legal procedure for any infringement or use for commercial purpose without prior notice.

b)      Acknowledge and agree that no license is granted to you in these Terms and Conditions to use any intellectual property of e-Mall, Sites, and Services.

 

12)  Indemnity

a)      Agree that to indemnify, defend, hold harmless e-Mall, Sites, Services, AYJHM, its directors, officers, employees, representatives, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of e-Mall, your breach of these Terms and Conditions, or your violation of the rights of any third-party, including Merchant(s), Payment-Agent(s), and delivery partners.

 

13)  Personal Data and Privacy

a)      Agree to submit your personal information to AYJHM to use for e-Mall, Sites, and Services.

b)      Consent to AYJHM using your personal data (including but not limited to your name, pick-up and delivery addresses, and contact number) as provided by you to AYJHM from time to time when you use e-Mall, Sites, and Services for the purpose of providing service.

c)      Consent to AYJHM collecting, using, keeping, and updating your personal data to such extent, for and at such time as may be necessary when e-Mall provides Services to you, and you confirm that the data provided by you are true, correct, and up to date.

d)      Consent that AYJHM is entitled to disclose your personal data to the participating Merchant(s), Payment-Agent(s), and optionally delivery partners for the use of Order.

e)      Agree that the collection, usage, storage, and transfer of your personal data is subject to Our privacy policy.

f)       Acknowledge that you have read and understood the same prior to agreeing to these Terms and Conditions and that the terms of the Privacy Policy shall be incorporated into these Terms and Conditions.

g)      Understand that We may disclose delivery partners personal data to you, if and only if you opt for delivery for the Order, during the provision of the Services.

h)      Following the sub-paragraph(g), agree and guarantee that you shall not use the personal data of the driver for any purpose other than for purposes of the Order related issue, and the Order related issue is EXCLUDING THE CHANGE OF DELIVERY ADDRESS.

 

14)  Governing Law

a)      Acknowledge that these Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.

b)      Agree that you submit to the non-exclusive jurisdiction of the courts of Malaysia.

 

15)  Severability

a)      Understand that if any provision of these Terms and Conditions is held to be illegal, invalid, or unenforceable under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement, but the legality, validity, and enforceability of the other provisions of these Terms and Conditions shall remain.

 

16)  Prevailing Language

a)      Acknowledge and agree that, in the event of a dispute as to the Terms and Conditions, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.

 

17)  Third-Party Links and Websites

a)      Acknowledge that e-Mall may contains links to other third party websites and by clicking on these links, you agree to do so at your own risk. We does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. We accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.

 

18)  Termination

a)      Acknowledge and agree that We have the rights to terminate, suspend or delete your account and access to e-Mall, Sites, and Services, for any reason including, but not limited to, if We, in its sole discretion, considers your use to be unacceptable, or found that you breaching any of these Terms and Conditions, and acknowledge and agree that We may, but shall be under no obligation to, provide you a warning prior to termination of your use of e-Mall, Sites, and Services.

 

19)  Entire Agreement

a)      Finally, acknowledge and agree that these Terms and Conditions constitute the entirely of the agreement and understanding between you and Us with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

 

 

FIRST SCHEDULE

List of Goods and products that prohibited to be promote, sold,

and publicize in e-Mall, Sites, and Services

 

1)      Hunted animals.

2)      Part of animals such as ivory, shark fin or other items which are made or processed from animal parts, including other items which are not for human consumption.

3)      Prohibited items according to international treaties and/or applicable international laws.

4)      Firearms, ammunition, explosive materials, ignition equipment of all kinds such as gunpowder, etc.

5)      Counterfeit or pirated products.

6)      Illegal drugs, or any items in form of pills or liquid that need medical consultation, in compliance of Poisons Act 1952 [Act 366], Dangerous Drug Act 1952 [Act 234], Sales of Drugs Act 1952 [Act 368], Medicines (Advertisement and Sale) Act 1956 [Act 290], and other related laws and regulations that National Pharmaceutical Regulatory Agency, Ministry of Health of Malaysia operates under.

7)      Illegal property or any materials which are against the applicable laws, regulations, or rules stipulated by federal, state, or local authority.

8)      Sharp or hazardous weapons that may bring harms to human and animal life, including, but not limited to, blade, knife, sword, spears, daggers etc.

9)      Poisons used to neutralize harmful insects or animals, except for insecticides.

10)  Material which users have legal rights of possession but are not allowed to partially or entirely be marketed online.

11)  Alcoholic drinks that beyond the limit which permitted by the authority (license copy required).

12)  Alcoholic drinks sales without valid license.

13)  Sensual toys.

14)  Cigarette or others tobacco products.

 

List of Special Goods that require special permission such as authority licensing,

or only individuals with age of majority (adult) are allowed to receive.

 

1)      Alcoholic drinks.

2)      Vape, or nicotine products.

3)      Dangerous or fragile household products, like bleach, glass-made product, insecticides, knifes etc.

 

 

SECOND SCHEDULE

List of Payment partners that help to collect fund, process transactions, for e-Mall.

 

1)      toyyibPay by ANSI Systems Sdn Bhd (Payment Fee: RM1.00 for FPX Online Banking, and 2.3% of Invoice Amount for Debit or Credit Card.)

 

 

THIRD SCHEDULE

Flow process of the Services