Welcome to the www.miyaamart.com website or platform. These Terms & Conditions govern your access and use of the platform and the use of any services, information and functions made available by us at the Platform.
By accessing the Platform and/or using the Services, you agree to be bound by Miyaamart Terms and Conditions and any amendments to the foregoing issued by us from time to time. IF YOU DO NOT AGREE TO THESE TERMS, YOU CAN’T USE OUR SERVICES OR ACCESS THE SITE. The services herein are offered by the Company which has its registered office at No.79, Jalan
Barau 2, 81300 Skudai, Johor ,Malaysia.
The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Shopee is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Miyaamart is not involved in the transaction between Users. Miyaamart may or may not pre-screen Users or the Content or information provided by Users. Miyaamart reserves the right to remove any Content or information posted by you on the Site. Miyaamart cannot ensure that Users will actually complete a transaction.
The User must be either an Individual or Sellers as defined herein below, and includes any person browsing and/or viewing and purchasing from the Site, as well as any person posting any advertisement and listing of any items for sale on the Site. ‘Individual’ – The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian law. ‘Individual’ includes parents or guardians of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event the User agrees as his/her parent/guardian, both in the User’s personal capacity and on behalf of the User’s child/ward, to be bound by the terms of this Agreement and to be liable for the User’s child’s or ward’s acts and omissions while accessing
the Site and/or using the Services, and the User also agrees to ensure that the User’s child or ward observes the terms of this Agreement. ‘Sellers’ – The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.
RESPONSIBILITIES OF THE USER
The User is personally responsible for his/her use of the Site and/or Services. The User uses the Site and/or the Services at his/her own risk.
The User shall use the Services in accordance with the terms and conditions of this Agreement and any law at the time being in force in Malaysia including, but not limited to, the Malaysian Communications and multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code (“Content Code”).
The Sellers shall not list and/or advertise on the Site and/or advertise for sale on the Site any item which:-
(a) infringes the rights of any third party including copyright, patent, trade mark, trade name,
designs, trade secret and confidential information,
(b) violates or is illegal under any applicable law, statute, ordinance or regulation.
The Sellers shall not provide and/or cause to be provided information which:-
(a) is false, inaccurate or misleading;
(b) involves the sale of counterfeit or stolen items, or any other fraudulent act;
(c) violates or breaches any law;
(d) is defamatory;
(e) contains pornographic or obscene materials.
(f) contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(g) creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers; “Information” referred to hereinabove includes but is not limited to any information provided by the User to the Company or to other Users in any public message area (such as community forums, photo area and feedback area) or through email. The Company reserves the right to remove any items that it deems in violation of the above, at its sole discretion.
ACCOUNTS AND SECURITY
Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that Miyaamart, in its sole discretion, finds offensive or inappropriate, Miyaamart has the right to suspend or terminate your Account. You agree to :
(a) keep your password confidential and use only your User ID and password when logging in,
(b) ensure that you log out from your account at the end of each session on the Site,
(c) immediately notify Miyaamart of any unauthorised use of your Account, User ID and/or password, and
(d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Miyaamart will not be liable for any loss or damage arising from
unauthorised use of your password or your failure to comply with this Section You agree that Miyaamart may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID,
withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Miyaamart deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts .Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Miyaamart may terminate your Account immediately with or without notice. Users may terminate their Account if they notify Miyaamart in writing via email at [email protected] Notwithstanding any such termination, Users remain responsible
and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Miyaamart after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Miyaamart shall have no liability,
and shall not be liable for any damages incurred due to the actions taken in accordance with this Section.
PURCHASE AND PAYMENT
Miyaamart supports one or more of the following payment methods under MOLPay Payment Gateway (waiting for payment gateway approval)
(a) FPX Channel: Maybank2u, CIMB Clicks, Hong Leong Connect, RHB Now, Bank Islam Online, PBeBank, Alliance Bank, Bank Rakyat, KFH Online, OCBC Bank, Standard Chartered, UOB, AmBank, Bank Muamalat, HSBC, BSN, Affin Bank
(b) Payment By Cash: 7-Eleven
(c) e-wallet: Razer Pay, Boost, Maybank QR, Grab Pay, Touch’nGo wallet, etc.
MIYAA MAGIC MEMBER BONUS CASHBACK SYSTEM Users will earn a loyalty points by buying merchandises on the Site. A sum of 5-10% out of
company’s net profit will also be credited to a User’s Account . The miyaa points can be use to purchase merchandises .
CANCELLATION, RETURN AND REFUND
Users may only cancel his/her order prior to the payment of merchandises.
Users may apply for the return of the purchased item and refund , subject to and in accordance with Miyaamart’s Refunds and Return Policy. Please refer to Miyaamart’s Refunds and Return Policy for further information.
All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site are works protected under the Malaysian Copyright Act 1987. Subject to the exceptions stated in this Agreement, the User is strictly prohibited from carrying out any of the following acts without the prior written consent of the Company:-
modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website, the Content; and transferring and / or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from the Company or from the Site including but not limited to, the texts, graphics, logos, photos, audio files and visual
The domain name on which the Site is hosted on is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.
CONTENT USE CONDITIONS
All information, materials, functions and other content (“Content”) on the Site including any sounds, music, text, graphics, data, stills, photographs, and moving images are copyrighted property of the Company.
The User may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to the:-Services; or Site.
Without prejudice to the above, the User agrees not to reproduce, display or otherwise provide access to the Services or Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of the Company.
The Company collects information about its Users (‘User Information’) during the posting process, where Users are required to create a password before posting their listings and/or advertisements on the Site. A User will only be able to edit a listing or advertisement posted on the Site by keying in the designated password.
All User activities are logged. When the User requests pages from the Company’s servers, it automatically collects information about the User’s preferences, including the User’s Internet Protocol address. The Company uses the User Information to help diagnose problems with its servers and to
TERMINATION AND SUSPENSION The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.
The Site may contain links and/or references to other websites (‘Third Party Websites’). The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites. Third Party Websites are not investigated, monitored or checked for accuracy or completeness
by the Company. Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Company. In the event the User decides to leave the Site and access Third Party Sites, the User does so at his or her own risk.
EXCLUSION OF LIABILITES
To the full extent allowed by applicable law, in no event shall the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
(a) any punitive, incidental, indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
(b) any loss of goodwill or reputation;
(c) any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence;
(d) any liability at common law; or
(e) in any other way. Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company’s negligence or the negligence of the Company’s servants, agents or employees. For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
The User at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or
arising out of the User’s breach of this Agreement (including the documents incorporated by reference), or arising out of the User’s violation of any law or the rights of a third party.
In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages
(actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “REGISTER ”, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
.1. Collection of Personal Information
We may collect information that personally identifies you if you choose to submit your personal information for the various purposes made available on our Site for example, when you visit or browse our website, register or subscribe to be our Users, used our Products and/or Services, participate in any of our surveys, promotions or marketing campaigns etc. The personal information that we may collect may include (but not limited to) the following: Account information such as username, email address, name, gender, date of birth, profile photo, mobile number. your mobile phone location and/or any location information such as last known location,
meet-up location. data when you visit or use our Sites (for example the pages you access and the used our Products and/or Services). any other information disclosed by you pursuant to the above-mentioned methods and/or usage.
any communications between you and another User in the Site. Personal information includes any information which relates directly or indirectly to you, which can be used to identify or contact you. When you visit the Site through your computer, mobile device, or any other device with internet connectivity,Miyaamart servers will automatically record data that your browser sends for examples your IP address and information about your visit (such as time stamp, date, duration etc). Any information we collect from the User may be used but not limited to any of the following
To verify the identity of the User
To personalise your experience on our Site
To improve our Site and services provided to you
To process any transactions
To send periodical emails on information and updates on the Site, related product or service information
To identify visitors on the Platform
To detect and prevent fraudulent activity
To conduct marketing research activities
To comply with applicable Anti-Money Laundering and Countering the Financing of
Terrorism regulations and other applicable laws and regulations Where indicated, it is obligatory to provide your personal information to us to enable us to process your application for our Products and/or Services. Should you decline to provide such obligatory personal information, we may not be able to process your application or provide you with our Products and/or Services. The processing of your personal information will be done in accordance with all applicable laws. In processing your personal information, we shall take practical and reasonable steps to protect the personal information from any loss, misuse, modification, unauthorized or
accidental disclosure, alteration or destruction. The User shall be deemed to have consented to the collection, use and disclosure of personal data of relevant individuals by the User’s continued dealing and usage of the Services on the Site.
2.Disclosure of Your Personal Information
Miyaamart may disclose your personal information to the following parties for the purposes stated below:
agents and service providers who provide services relating to the purposes of which the personal information is collected including data processing services; any person, who is under a duty of confidentiality who has undertaken the responsibility to keep such information confidential; and
miyaamart’s related and associate companies and affiliates. However, we may disclose your personal information if required by law or in good faith, if such action is necessary to comply with any law enforcement agency requirements, court orders or legal processes. We may disclose data and aggregate statistics about users of our Services and sales to prospective partners, advertisers, sponsors and other reputable third parties in order to
describe our Services, deliver targeted advertisements or for other lawful purposes, but these data and statistics will not include information which can be used to identify you.
3.Changes to this Policy
Miyaamart may review and change this Policy from time to time to reflect changes in the law, our business practices, processes or structure. While it is not generally feasible to notify you of the changes to this Policy, the latest version of this Policy will be available on our website. This policy is not a contract, nor does it suggest any obligation on our part with another party.
MIYAA MART’S REFUNDS & RETURN POLICY
- Application for Returns/Refunds
Subject to the terms and conditions in this Refunds and Return Policy and the Terms of Service. Buyers may apply for return of the purchased items and/or refund prior to the expiry of the Guarantee Period
- Application for the Return of an Item
buyers may only apply for the refund and/or return of the Item in the following circumstances:
• The Item has not been received by Buyer;
• The Item was defective and/or damaged on delivery;
• Seller has delivered an Item that does not match the agreed specification (e.g. wrong size, colour, etc.) to Buyer;
• The Item delivered to user is materially different from the description provided by Seller in the listing of the Item Miyaamart will review each buyer’s application on a case-by-case basis and, in its sole
discretion, determine whether buyer’s application is successful.
- Rights of Seller
When Miyaamart receives an application from buyer for the return of the Item and/or refund, Miyaamart will notify Seller. Seller must respond within the time-frame stipulated in the notification sent by Miyaamart. Should Miyaamart not hear from Seller within the Stipulated Period, Miyaamart will assume that Seller has no response to buyer’s application and will proceed to assess buyer’s application without further notice to Seller. Miyaamart will review each Seller’s response on a case-by-case basis and, in its sole discretion, determine whether buyer’s application may be successful against the circumstances stated by Seller.
- Condition of Returning Item
Buyer should ensure that the Item, including any complimentary items such as accessories that come with the Item, must be returned to Seller in the condition received by buyer. We will recommend user to take a photo of the Item upon receipt.
- Liability of Product Return Shipping Fee
i) In the scenario of an unforeseen error from the seller’s end (i.e – damaged, faulty or wrong product delivered to the buyer), the seller will bear user’s return shipping fee.
ii) In the scenario of the buyer’s change of mind, buyer shall get seller’s consent prior to the return request and buyer will bear the return shipping fee.
iii) In the scenario where both seller-buyer disputing the party liable for the return shipping fee , Miyaamart at its sole discretion will determine the party liable for the return shipping fee.
Buyer will only be refunded after Miyaamart has received the confirmation from Seller that Seller has received the returned Item. In the event where Miyaamart does not hear from Seller within a specified time, Miyaamart will be at liberty to refund the applicable sum to Buyer without further notice to Seller. The refund will be made to buyer’s credit/debit card or designated bank account, whichever is applicable.
- Communication Between Buyer and Seller
Miyaamart encourages Buyers to communicate with each other in the event where problem arises in a transaction. As Miyaamart is a platform for Buyers to conduct trading, Buyer should contact Seller directly for any issue relating to the Item purchased.