Last updated: 27 June, 2016
NOW IT IS HEREBY AGREED as follows:-
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.
Which means: You must be 18 years or older to use and access the Service. Remember that with any violation of these terms we will cancel your service.
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.
Which means: We offer a simple app that acts as a personal sales assistant for small business owners to manage their sales, inventory and customer data on-the-go. We cannot guarantee successful sales because we do not have any control over the quality of items, product information accuracy and external delivery services.
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.
Which means: Our Service works best with accurate information. Please keep your account information secure to reduce the risk of wrongful use by unauthorised parties.
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.
We automatically create an account for you to accept payments. You are responsible for setting up and maintaining the 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.
Which means: There is no charge when you sign up and use the Shoppertise Service. But there is a RM2.00 fee for every successful online transaction made through Shoppertise Payment. If you are one of our subscribers, you enjoy a lower transaction fee of RM1.50 fee for every successful online transaction.
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.
Which means: Payment will be banked into your account every month. If you wish to receive payments on a weekly basis, you'll have to pay a subscription fee and subscribe to our Premium account as it is available as a customised feature.
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:
Weapons and other related items, including, without limitation, explosives, firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons
Fireworks & hazardous materials
Miracle cures, pharmaceutical products, drugs, drug paraphernalia & drug test circumvention aids, narcotics or steroids
Items that are considered obscene, pornography, adult content, escort services & sexually oriented materials or services
Human remains and body parts
Fraudulent, counterfeit, stolen or infringing items
Items or downloads infringe or violate copyright, patent, trademark, trade secret, rights of publicity or privacy or any other proprietary rights under the laws of any jurisdiction and file sharing services
Items encouraging illegal activity
Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes
Pyramid or ponzi scheme, matrix program & other "Get Rich Quick" schemes and investment schemes
Currency & forex
Associated with the sale of traveler's checks or money orders
Associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card
Check cashing businesses
Provide certain credit repair or debt settlement services, credit transactions or insurance activities
Involve rebate-based and up-selling business
Tobacco and alcohol
Items promote hatred, racism, religious persecution or contain offensive content
Digital files that you do not own or have all necessary rights or license to store, display, perform, copy and distribute
Unlicensed and licensed multi-level marketing
Buyers club / Membership clubs
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.
Which means: We are not responsible if you upload anything that may go against the rights of a third party, break the law or get sued.
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).
Which means: Your customers can pay in Ringgit Malaysia (RM) via online debit straight from their bank account.
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.
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.
Which means: The Shoppertise service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purposes.
Your content may be transferred unencrypted and may be altered as deemed necessary, but payment and sensitive information will always be encrypted. While we may assist in maintaining a safe environment for you to sell online, we are not obliged to intervene in any dispute that may arise as a result of your interaction with other users.
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:
was in the public domain at the time we received it;
comes into the public domain after we received it through no fault of ours;
we received from someone other than you without breach of our or their confidentiality obligations; or
we are required by law to disclose.
Which means: Anything you upload remains yours and your responsibility.
Shoppertise reserves the right to display advertisements on your Account and throughout the Service.
Which means: If you use Shoppertise, we may display advertisements of our partners at any time.
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:
Shoppertise will cease in providing you with the Service and you will no longer be able to access your Account;
any outstanding balance owed to Shoppertise for your use of the Service through the effective date of such termination will immediately become due and shall be payable in full.
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.
Which means: To initiate a cancellation, email [email protected]. Shoppertise will respond with specific information regarding the cancellation process for your Account. If you cancel in the middle of your billing cycle, you'll have one last email invoice.
We may change or cancel your Account at any time, but we'll send you a notification outlining the reasons beforehand. If we suspect any fraudulent behavior, we will suspend or cancel your account immediately.
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.
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.
Which means: We can modify, discontinue, cancel or refuse the Service at anytime, without liability. In the event of an ownership dispute over a Shoppertise account, we can freeze the account or transfer it to the rightful owner.
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).
Which means: We are not responsible for third party tools so use them at your own discretion. If you use them you agree and accept that we do not provide a warranty, so get proper advice beforehand.
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:-
Your name or the name of your business or company;
The registration number of your business or company, if applicable;
Your email address, telephone number and address;
A description of the main characteristics of the goods or services offered;
The full price of the goods or services including transportation costs, taxes and any other costs;
The method of payment;
Any terms and conditions governing the sale of goods or provision of services; and
The estimated time of delivery of goods or services to the buyer.
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.
Which means: Service is "as is" so it may have errors or interruptions and we provide no warranties.
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.
Which means: We are not responsible for any damages or lost profits incurred from the use or inability to use our Service.
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.
Which means: You cannot hold legal responsibility against us and the people we work with.
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.
Which means: If there is any disagreement, we'll try our best to resolve them based on our policies.
Which means: If a dispute arises, the issue will be dealt with in Malaysia.
25 March 2016 - Introduced new transaction fee and upcoming weekly payment feature.
27 June 2016 - Introduced new pricing plans and payment methods.