Terms of Use

User Agreement

Introduction

WEBrandings (M) Sdn Bhd offers a solution to your busy lifestyle and high cost of living with an integrated system of e-commence and the go-to marketplace of great offers to consumers. We help you to progress towards a smart world of greater opportunities for SME’s businesses and higher quality lifestyle for consumers.

Scope

Before you may become a member of the WEBrandings (M) Sdn Bhd, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use our WEBrandings (M) Sdn Bhd platform and services.

Your Account

If you use WEBrandings (M) Sdn Bhd platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password.
WEBrandings (M) Sdn Bhd reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

Using WEBrandings (M) Sdn Bhd platform

While using WEBrandings (M) Sdn Bhd platform, you will not:
violate any laws or third party rights;
circumvent or manipulate our fee structure, the billing process, or fees owed to the WEBrandings (M) Sdn Bhd;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the feedback or ratings systems;
transfer your account to another party without the WEBrandings (M) Sdn Bhd’s consent;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm WEBrandings (M) Sdn Bhd platform, or the interests or property of users of the WEBrandings (M) Sdn Bhd platform;
copy, modify, or distribute content from the WEBrandings (M) Sdn Bhd platform and the WEBrandings (M) Sdn Bhd’s copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent; or
use existing user accounts or create new user accounts in order to circumvent or restrictions, holds or other policy consequences
Violations of this policy may result in a range of actions, including:
Listing cancellation
Loss of Settlement Amount
Account suspension / termination
Criminal charges / claim for damages

Abusing our Platform

We keep our WEBrandings (M) Sdn Bhd platform and services working properly and safe. Please report problems, offensive content and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Purchase and Payment

WEBrandings (M) Sdn Bhd take no responsibility and assume no liability for any loss or damages to a consumer resulting from a purchase from a merchant.

Cancellation, Return and Refund

Any cancellation, return or refund request from consumer is at the sole discretion of the merchant.

Service Fees

Joining WEBrandings (M) Sdn Bhd platform is free; we do not charge consumer any fees during registration. We do charge merchant Admin fees for each Transaction required by the merchant.

Content

You may post reviews, comments, photos and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. WEBrandings (M) Sdn Bhd reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you are deemed to have granted WEBrandings (M) Sdn Bhd a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You are deemed to have granted WEBrandings (M) Sdn Bhd and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify WEBrandings (M) Sdn Bhd for all claims resulting from content you supply. WEBrandings (M) Sdn Bhd has the right but not the obligation to monitor and edit any activity or content. WEBrandings (M) Sdn Bhd takes no responsibility and assumes no liability for any content posted by you or any third party.

Other Businesses

Parties other than WEBrandings (M) Sdn Bhd operate stores, provide services, sell products or list advertisement on this platform, and this site may link to sites of affiliated companies and certain other companies. WEBrandings (M) Sdn Bhd is not responsible for examining or evaluating, and does not warrant the products of such business or individual or the content of their web sites. WEBrandings (M) Sdn Bhd does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Release

If you have a dispute with one or more consumer, you release WEBrandings (M) Sdn Bhd (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in our Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles.

For the avoidance of doubt, If WEBrandings (M) Sdn Bhd has reasonable grounds to believe that any User is in breach of any of the terms of this Agreement, WEBrandings (M) Sdn Bhd reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, WEBrandings (M) Sdn Bhd may disclose the User’s identify and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if WEBrandings (M) Sdn Bhd is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. WEBrandings (M) Sdn Bhd shall not be liable for damages or results arising from such disclosure, and the User(s) agrees not to bring action or claim against WEBrandings (M) Sdn Bhd for such disclosure.

Indemnity

You will indemnify and hold WEBrandings (M) Sdn Bhd (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Warranties

You will not hold WEBrandings (M) Sdn Bhd responsible for other users’ content, actions or inactions, or items they list, including things they post. You acknowledge that we are not a traditional online shopping service provider. Instead, WEBrandings (M) Sdn Bhd provide an electronic marketplace for merchants and consumers and arrange transactions between such buyers and sellers. WEBrandings (M) Sdn Bhd is responsible for operating and managing its platform and makes reasonable efforts in order to maintain efficient services. WEBrandings (M) Sdn Bhd are not involved in the actual transaction between merchant and consumers. WEBrandings (M) Sdn Bhd have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of merchant to sell items, the ability of consumer to pay for items, or that a merchant or consumer will actually complete a transaction.

WEBrandings (M) Sdn Bhd do not transfer legal ownership of items from the merchant to the consumer. Unless the merchant and the consumer agree otherwise, the consumer will become the item’s lawful owner upon physical receipt of the item from the merchant. WEBrandings (M) Sdn Bhd cannot guarantee continuous or secure access to our services, and operation of the platform may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. WEBrandings (M) Sdn Bhd are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our platform and services.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS PLATFORM, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO THE USER “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WEBRANDINGS (M) SDN BHD HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS PLATFORM; HOWEVER, WEBRANDINGS (M) SDN BHD ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS PLATFORM. UNDER NO CIRCUMSTANCES WILL WEBRANDINGS (M) SDN BHD BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THIS PLATFORM. IT IS THE USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS PLATFORM IS SOLELY AT THE USER’S OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO SOME USERS.

Limitation of Liability

THE USER SPECIFICALLY AGREES THAT WEBRANDINGS (M) SDN BHD SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS PLATFORM. THE USER SPECIFICALLY AGREES THAT WEBRANDINGS (M) SDN BHD IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. THE USER SPECIFICALLY AGREES THAT WEBRANDINGS (M) SDN BHD IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL WEBRANDINGS (M) SDN BHD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS PLATFORM, WHETHER OR NOT WEBRANDINGS (M) SDN BHD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notices

Except as explicitly stated otherwise, any legal notices shall served on WEBrandings (M) Sdn Bhd. via registered mail, to 10 Kallang Avenue #13-18 Aperia Tower 2 Malaysia 339509 or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.

 

Applicable Law and Jurisdiction

By using WEBrandings (M) Sdn Bhd platform, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and WEBrandings (M) Sdn Bhd.
The courts of Malaysia will have non-exclusive jurisdiction over any legal action or the proceedings against WEBrandings (M) Sdn Bhd arising out of, with respect to, or in connection with any disputes over this User Agreement and disputes between consumers and merchants.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. WEBrandings (M) Sdn Bhd do not guarantee we will take action against all breaches of this Agreement.
WEBrandings (M) Sdn Bhd may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 14 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.