Terms of Use

Eligibility

Any use or access to the Service by anyone under 18 is strictly and expressly prohibited. By accessing or using the Service, you represent and warrant that you are 18 or older. If we learn that we have collected personal information from anyone under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have obtained or collected any information from or about anyone under 18, please contact us at [email protected]. The Service is not available to any Users previously removed from the Service by Shoppertise.

Shoppertise as a sales tool

Shoppertise equip the tool that allow users who comply with Shoppertise's policies to manage their sales, inventory and customer data from one simple app. Shoppertise are not directly involved in the transaction between customers and merchandisers.

Shoppertise have no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of merchandisers to sell items or the ability of customers to pay for items. Shoppertise do not pre-screen users or the content or information provided by users. Shoppertise has no responsibility in ensuring that a customer or merchandiser will complete a transaction.

Shoppertise accounts

You are required to sign up and create a Shoppertise account ("Account") in order to use and gain access to the Services by providing your business info, your full legal name, a valid phone number, a valid email address that you access regularly, and any other information indicated as required.

You hereby agree to provide accurate, current and complete information and maintain and update your information to keep it accurate, current and complete.

Shoppertise may reject your application for an Account, for any reason, in our sole discretion.

You hereby agree that Shoppertise will use the phone number and email address you provided as the primary method for communication.

You must keep the password confidential and secured. Shoppertise will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

You shall never use another user's account without permission.

You are fully responsible for all activity and content (data, graphics, photos, links) that is being uploaded to your Shoppertise account. You must not transmit any worms or viruses or any code of a destructive nature.

You must notify Shoppertise immediately of any breach of security or unauthorised use of your Account. Shoppertise will not be liable for any losses caused by any unauthorised use of your Account.

In the event you are signing up for the Service for and on behalf of your employer, your employer shall be the Account Owner. You hereby represent and warrant that you have the authority to bind your employer to our Terms of Use.

Account Activation

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. You represent and warrant that you have the authority to bind your employer to our Terms of Use.

As a Shoppertise Pocketbook user, you are automatically entitled to a Shoppertise Payment account. You acknowledge that Shoppertise Payment will be your default payment gateway and that it is your sole responsibility as the Account Owner to set up and maintain this account.

Payment of Fees

It is free to sign up and create a Shoppertise account. If you are using a Free account, there is a standard transaction fee of RM2.00 for every successful online payment. If you subscribe to our Premium account, the transaction fee is RM1.50 for every successful online payment.

Merchants' Earnings / Sales

We will calculate your total earnings / sales for release on a monthly basis through your Shoppertise Payment account. If you subscribe to a Premium account, you will receive your total earnings / sales on a weekly basis.

You are responsible for the accuracy of your contact details and bank account information. Inaccurate information may cause delays that are beyond our control.

Responsibility of Merchants

If you publish an item, sell an item or otherwise make (or allow any third party to make) an item available by means of the Services (any such material, "Item"), you are entirely responsible for the Item, and any harm resulting from, that Item.

You must represent and describe your product specifications and utilities through detailed descriptions and photos for your customers' benefit.

Merchants are strictly prohibited to sell banned and restricted items:

By publishing an item to Shoppertise and listing it in the publish directory you grant us a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your Item. If you delete the content, Shoppertise will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the content may not be made immediately unavailable.

Payment methods

We accept online bank transfers for all major banks in Malaysia (Affin Bank, AmBank, Bank Islam, CIMB Bank, HongLeong Bank, Maybank, Public Bank, RHB Bank and UOB Bank). All prices are in Ringgit Malaysia (RM).

Service Rules

You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Shoppertise servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that, subject to the privacy settings of our Users, Shoppertise grants the operators of public search engines revocable permission to use spiders to copy materials from Shoppertise for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including Account names, from the Service; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Service; (x) accessing any content on the Service through any technology or means other than those provided or authorised by the Service; (xi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service of the content therein, or (xii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.

You understand that your shop content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Shoppertise, for any reason or for no reason, including if in our sole determination you violate any provision of this Terms of Use. Upon termination of this Terms of Use or your access to the Service for any reason or no reason, you will continue to be bound by this Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You are solely responsible for your interactions with other Shoppertise users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Shoppertise shall have no liability for your interactions with other users, or for any user's action or inaction.

Intellectual property

This Terms of Use does not transfer from Shoppertise to you any Shoppertise or third party intellectual property, and all rights, title and interest in and to such property will remain with Shoppertise Sdn. Bhd. Your use of the Service grants you no right or license to reproduce or otherwise use any Shoppertise or third-party trademarks.

By uploading shop content, you agree to allow other internet users to view them and you agree to allow Shoppertise to display and store them and you agree that Shoppertise can, at any time, review all the content submitted by you to its Service.

You retain ownership over all content that you submit to Shoppertise however, by making your store public, you agree to allow others to view your content.

We will not disclose your confidential information to third parties, except as required in the course of providing our Service. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that:

Advertisements

Shoppertise reserves the right to display advertisements on your Account and throughout the Service.

Termination / Account Cancellation

You may cancel your Account at any time by emailing [email protected]. Once your Account is cancelled all of your Items will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your Account before doing so.

Upon termination of the Service by either party for any reason:

If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

We reserve the right to modify or terminate the Shoppertise service for any reason, any time. We shall not be liable to you or to any third party for any modification, fees change, suspension or discontinuance of the Service.

Shoppertise may send you a notice and terminate your access to all or any part of the Service for any reason, any time. If you are found connected directly, or indirectly to any fraudulent behaviour, Shoppertise will suspend or cancel your account immediately.

Without limiting any other remedies, Shoppertise may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have breached or violated any Terms of Use as determined in the sole discretion of Shoppertise.

Shoppertise's Rights

We reserve the right to modify or terminate the Service (or any part thereof) for any reason, with or without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

We reserve the right to refuse service to anyone for any reason at any time.

We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Shoppertise employees and contractors may also be Shoppertise customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

We may, but have no obligation to, remove shop content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any Shoppertise customer, Shoppertise employee, member, or officer will result in immediate Account termination.

Shoppertise does not pre-screen shop content and it is in our sole discretion to refuse or remove any shop content that is available via the Service.

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business registration document, government issued identity card, etc.

Shoppertise retains the right to determine, in our sole judgement, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Shoppertise reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

Optional Tools

Shoppertise may provide you with access to third party tools over which Shoppertise neither monitors nor has any control nor input.

You acknowledge and agree that Shoppertise provides access to such tools ‘as is' without any warranties, representations or conditions of any kind and without any endorsement. Shoppertise shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).

Disclaimer of warranties

The Service are provided on "as is" basis. Shoppertise and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Shoppertise nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted.

Please note that in posting your shop contents on the Service to conduct sale transactions, you shall comply with the Consumer Protection (Electronic Trade Transactions) Regulations 2012 (the ‘Regulations') and disclose the following information in your advertisement:-

Failure to disclose such required information or providing false and misleading information is an offence under the Regulations and the Consumer Protection Act 1999.

Shoppertise shall not be held liable, whether criminally or otherwise under the Regulations, for your failure to provide accurate information as required.

Shoppertise shall not be responsible for any loss, damage, claim or liability arising, directly or indirectly, from the contravention of the Regulations as a result of your failure to disclose or provide the required information.

Limitation of liability

You expressly understand and agree that Shoppertise shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

In no event shall Shoppertise or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our platform, our Service or this Terms of Use (however arising including negligence).

Indemnification

You agree to indemnify and hold harmless Shoppertise, its contractors, and its licensors, and their respective directors, officers, employees, partners and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, including but not limited to your violation of this Terms.

Dispute resolution

In the event a dispute arises between you and Shoppertise, please contact Shoppertise.

Should you have a dispute with one or more users, or an outside party, you release Shoppertise (and Shoppertise's officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Shoppertise encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

For the benefit of users, Shoppertise in its sole discretion and in good faith, may try to help users resolve disputes based solely on Shoppertise's policies.

Miscellaneous

This Terms of Use constitutes the entire agreement between Shoppertise and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Shoppertise, or by the posting by Shoppertise of a revised version. Except to the extent applicable law, if any, provides otherwise, this Terms of Use, any access to or use of the Site will be governed by the laws of the Malaysia.

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